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HomeMy WebLinkAbout1992-1006 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL OCTOBER 6, 1992 I. PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of September 15, 1992 . IV. SPECIAL PRESENTATIONS & AWARDS 1. - Proclamation of October 1992 as "Disability Employment Awareness Month" . 2. - Proclamation of October 4-10 as "Mental Illness Awareness Week" . Proclamation of October 4-10 as "National Fire Prevention Week" . 4. Proclamation of October 3-10 as "Recycling Awareness Week" . V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2 . Memo from Fire Chief concerning National Home Fire Safety Campaign. T3 . Authorization for Mayor and City Recorder to sign Affordable Housing Agreement for project -- ' 57. .4 . Modification of easements for Ashland Community Foodstore. VI. PUBLIC HEARING: 1. Proposed inclusion of four structures to the interim Ashland Heritage Landmarks list. VII. NEW & MISCELLANEOUS BUSINESS: 1. Letter from Medford/Jackson Co. Chamber of Commerce requesting that the City Council adopt resolution opposing Ballot Measure No. 7, the "Split Roll" Property Tax initiative. 2. oral report by Director of Public Works on status of water supply. I 3 . Acceptance of donation of land for open space. 4 . City Administrator's monthly activity report. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and a total of 15 minutes) IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 1 First reading by title only of an ordinance amending Sections 15. 04 . 010, 15. 04 . 020, 15. 04. 030, 15. 04 . 090, 15.04.200, 15. 04 .205 and repealing Sections 15. 04. 025, 15. 04. 050, 15.04 . 060, 15.04 . 070, 15.04. 110, and 15. 04 . 185 E. of the Ashland Municipal Code relating to building and other specialty codes and adding Section 15. 04. 250 relating to notices of non-compliance for buildings and occupancies. (Copies provided in accord with the Charter) First reading by title only of an ordinance completely replacing Chapter 18.72, Site Design and Use Standards, of the Land Use Ordinance of the Ashland Municipal Code with respect to implementing the recommended programs for commercial development standards. (Copies provided in accord with the Charter) 3 ./ First reading by title only of an ordinance adopting new Site Design and Use Standards in accord with Section 18.72 . 080 of the Ashland Municipal Code; providing additional approval criteria, information, recommendations, and interpretations for Chapter 18 .72 of the Land Use Ordinance. (Copies provided in accord with the Charter) 4 . First reading by title only of an ordinance completely replacing Chapters 18 . 32 , C-1 Retail Commercial District, and 18. 40, E-1 Employment District of the Land Use Ordinance of the Ashland Municipal Code. (Copies provided in accord with the Charter) First reading of an ordinance requiring certain multi- family dwellings, apartments, condominiums and mobile home parks to provide tenants and occupants with opportunity to recycle. 6. First reading of an ordinance amending Section 14 . 08. 020 of the Ashland Municipal Code by exempting existing single family dwellings from connecting new sewer mains if such mains are financed through a local improvement district. �a-`f�— 7. Resolution expressing opposition to Ballot Measure #9. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT C n/ �-��`� Ay MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL SEPTEMBER 15, 1992 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council Chambers. Laws, Williams, Acklin, and Winthrop were present. Reid and Arnold were absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of September 1, 1992 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS: A proclamation was read designating October 4, 1992 as 11Crop Walk Day in Ashland". CONSENT AGENDA: Winthrop asked that item 3 be pulled and Golden asked the same for item 4. Williams moved to approve the remainder of the agenda as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports - August 1992; and 5) Liquor license requests for Great Wall Restaurant, 2270 Ashland St. , and Foris Vineyards and Winery, 33 N. Main St. Regarding item 3) City Administrator's Monthly Report - August 1992, Winthrop was pleased to receive it but feels it would be more useful if the City Administrator presented the main points orally for the benefit of the public. Williams suggested a regular update on Council goals may be appropriate also. On item 4) Financial report for year ending June 30, 1992 by Director of Finance, Golden is concerned about raising water and electric rates. She also asked about a report expected from Department Heads concerning ways thei:r_ respective departments can save money, to which Finance Dir. .Turner. said__these .will.be .prepa;red b}!,-he end of September. Concerning water rate increases, Turner said the water fund lost money for the last three years and the prior plan was to implement water rate increases for three years in a row. Golden questioned losses in the sewer fund and Public Works Dir. Hall said 90% of Sewage Treatment Plant Alternatives study will be reimbursed by a Federal grant. Williams moved to approve items 3 and 4, Laws seconded, all AYES on voice vote. PUBLIC HEARING: Appeal of P.A. 92-064, Carus McGee - Applicant. Senior Planner John McLaughlin gave the staff report and said the Planning Commission approved the application with the inclusion of a pedestrian way on the east side of the property. A neighborhood meeting resulted in a proposed design of the area with access on Peachey Road. The public hearing was opened and the applicant, Oarus McGee, 393 Courtney St. , said he dedicated 20' for the widening of Ross Lane and followed all of the applicable criteria. Grace McGee, 393 Courtney, said the applicant paid for 4 sewer connections and has paid taxes on the property for 42 years. Don Rist, 260 Joy Drive, Talent, said the applicant also gave an easement for a sewer line from Harmony Lane up Peachey Road and he is in favor of the application. Tom Cox, 450 Guthrie, owns the abutting tax lot (700) and he is in favor of the application. John Tredway, 961 Harmony Lane, is the Regular Meeting - Ashland City Council - September 15, 1992 - P. 1 Appeal of P.A. 92-064 appellant, and said the 75' lot width requirement should be upheld, a better access would be off Peachey Rd. , the Catholic Church was denied access off Ross Lane,. oak trees will be lost, and the pedestrian walkway required by the Planning Commission should have been a part of the public discussion. He feels the application should be referred back to the Planning Commission for consideration by the entire Commission. Tom Olbrich, 904 Garden Way, agreed with Tredway and expressed concern about additional traffic on Harmony Lane and Garden Way. Jean Maxwell, 950 Harmony Lane, is also concerned about traffic congestion. Olivia Parrish, 913 Garden Way, said traffic should be routed to Peachey Road. McLaughlin said a condition of the annexation of the property was that-additional right-of-way be dedicated along Ross Lane for future development. Gloria Tredway, 961 Harmony Lane, spoke against Exhibit S-10 which provided for the closure of Ross Lane between Harmony and Garden Way and open space in that area, and read letters from Kerry & Janice Lay, 965 Garden Way, and Robert & Ellen Wright, 935 Harmony, in opposition to the application. Gwen Davies, 860 Harmony, is concerned about traffic on Harmony and Garden Way. Len Costantino, 892 Harmony, spoke in ' favor of Exbit S-9 with access off Peachey is better. Dean Moreland, 964 Harmony, said the variance should not be granted, and access should be off Peachey with Ross Lane kept as walkway/bikeway. McGee said his four lots face Ross Lane. There being no further comment from the audience, the public hearing was closed. Laws noted the following: 1) that both Harmony Lane and Garden Way are under capacity according to objective standards adopted by the Council; 2) trees may be threatened if- Ross Lane--is- paved but hopes it i will remain unpaved as long as- possible.;---3)- -the .Peachey Rd. _.access--1; alternative would require cooperation with other lot owners and McGee would lose 1-2 lots; 4) and the criteria for a variance has been met. Laws moved to deny the appeal and adopt the Findings of the Planning Commission and Winthrop seconded. Winthrop agreed that the variance meets the criteria and McGee should be allowed to develop his property. Acklin agreed and said if the Council had not down-zoned the area years ago, the lot could be divided without a variance. Williams said the grid street system is better than a cul-de-sac. The motion passed unanimously on roll call vote. UNFINISHED BUSINESS: Water Allocation Appeal. Public Works Dir. Hall said the intent of the curtailment ordinance is to cut back water use, and the Tolman Creek Park has very seldom exceeded their allotment of 33, 000 cu. ft. per meter. A memo from Building Inspector Mike Broomfield indicated that the 2" meters were appropriate for the use. Winthrop moved to deny the request, Acklin seconded, all YES on roll call vote. Sewage Treatment Plant - Wetlands Discussion. John Holroyd, Brown & Caldwell, said wetlands are complex, hard to predict, have to be purged to remove contaminants, and require large land areas. The limits imposed by DEQ are more stringent than wetlands treatment can Regular Meeting - Ashland City Council - September 15, 1992 - P. 2 Sewage Treatment Plant provide. He showed charts comparing the proposed nutrient limits for Ashland with those imposed on the wetland systems of Arcata and Davis, California, and Cannon Beach, Mount Angel and Hillsboro/Forest Grove, Oregon. Holroyd said Brown & Caldwell has delayed further meetings with DEQ due to the consideration being given the Medford alternative but will proceed on direction from the Council. Hall said a response to questions posed to the Regional Rate Committee should be received within 30 days. Acklin said its important to realize that each permit issued by DEQ is done on a case-by-case basis. Cecil Nicholson questioned if the problem is Ashland's sewage treatment plant or fields which drain into Bear Creek. Ron Roth, 6950 Old Highway 99 S. , farms at 100 Eagle Mill Road and needs water in Bear Creek for his business. Golden suggested he work with growers to meet with TID concerning diverting water to TID ditches then to Bear Creek. Gary Schrodt, 681 Liberty, owns a business next to Bear Creek and suggested a combination of wetlands and other treatment systems. Rick Landt is in favor of Alternative 3A, and said growing hardwood trees on the irrigated lands would be good for the economy. Carl Oates, 776 Glendale, said Arcata wetlands flow into Humboldt Bay, not the ocean, and marshes do help remove phosphorous. Klaas Van De Pol, Reiten Drive, said the Arcata engineer agreed their phosphorous level would not meet DEQ's proposed 0.08 mg/L. Laws moved to extend the meeting for 1/2 hour, Acklin seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Request to Purchase Water from WWTP. Tony Paxton, City Administrator of Talent, requested that Council authorize Staff to work with Talent City staff on an agreement to enable Talent to purchase water discharged'from-the Ashland waste- water treatment plant. On .a ,question from,Acklin,-. he _-said they.-need., 1.5 to 1.75 CFS at their intake plant, and average City flow is 2.5 CFS. Laws moved to authorize Staff to approve the request with consideration given to the cost of Ashland's participation, and Winthrop seconded the motion. A letter was distributed from Attorney Kip Lombard, 622 Siskiyou Blvd. , which offered an opinion on the proposed agreement and was summarized briefly by Public Works Dir. Hall. Paxton expressed appreciation to Hall, Water Plant Foreman Daryl McVey, and Sewage Treat. Plant Foreman Richard Marshall for the assistance the City of Talent has received from them. Laws said the price of the water should be based on the cost to Ashland to assist Talent in this effort. Golden is concerned about downstream irriga- tion users such as Eagle Mill Farm. The motion carried on voice vote. Letter from Jim Sims Concerning Sewage Treatment Plant Alternatives. Acklin moved to place on file, Winthrop seconded, all AYES on voice vote. Water Status Report. P.W. Dir. Hall said the total water production savings over 1991 is 19%, which provides an additional 31 million gallons of water. He expressed appreciation to the residents and businesses in Ashland for their efforts, and recommended against implementing Phase II of the water curtailment ordinance. Regular Meeting = Ashland City Council - September 15, 1992 - P. 3 Ashland Municipal Airport operations. Hall said the interim manager, Greg Reeser has taken steps to bring in revenue for the airport including leasing space, collecting back tie-down fees, and selling more fuel than projected. A recommendation for a Fixed Base Operator should be ready for Council approval within 60 days. Rock Crushing/Extraction Operation. A memo was received from Planning Staff and City Attorney requesting authorization to intervene in a land use action before Jackson County concerning a Conditional Use Permit for a rock crushing/extraction .operation near Grizzly Peak, which is in the Ashland viewshed. The request was denied by the County Hearings Officer and appealed to LUBA by the applicant. Laws moved approval, Acklin seconded, and the motion carried on voice vote. PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Advance Refunding Plan. A resolution was read approving an advance refunding plan and authorizing its submittal to the State Treasurer for review and approval; and designating the law firm of Rankin, Mersereau & Shannon as Bond Counsel. Williams moved to adopt same, Winthrop seconded, all YES on roll call vote. (Reso. 92-48) OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 11:30 P.M. Jill Turner Catherine M. Golden Acting City Recorder Mayor (d:\mts\9-15-92) Regular Meeting - Ashland City Council - September 15, 1992 - P. 4 i i N V-1 o/Ill 1 • Prutlamatton 3411$)?),� WHEREAS, the President of the United States of America, George Bush, during the signing of the Americans with -M Vitt Disabilities Act of 1990, declared, "The shameful wall of .gg exclusion for people with disabilities is finally tumbling ...... down"; and WHEREAS, people with disabilities can now aspire to live a life of quality with tolerance and freedom from barriers of discrimination; and WHEREAS, we, the citizens of Ashland take great pride in the heritage of our diversity fused with the oneness of our future as affirmed in our state motto, "She Flies With Her Own Wings"; and WHEREAS, we celebrate Ashland's employers and others who recognize the abilities of our-workers and not their disabilities. NOW THEREFORE, 1, Catherine Golden, Mayor of the City of V Ashland, Oregon, do hereby proclaim October 1992 as: DISABILITY EMPLOYMENT AWARENESS MONTH nL in Ashland and encourage all citizens to join in this observance. s x '10 Dated this day of October, 1992. ty 11 -Az Catherine M. Golden, Mayor »wl Ki Hit lJ /I Nan E. Franklin, City Record T //\ fL '?- N J1• N4/ ( },'� / I\l ll_ a N ( U7 I' 1.\1>�i W.�/� wNU1=,n w wN\Wx ,V ° �u 1I-:.lv r,^ten\ �I _. n,' t" /".V `U` Jl i e : r y IfiV ' .'I .11 vurlttnttttiu 9 j .jtn4/ I I ?)={t{1, WHEREAS, serious mental illness exacts a large price from our community in lost productivity, treatment (()` , 4! }`� 1 costs, social dependence and its devastating effect ({{1az ,j t `'=u on individuals and families affected; and elt WHEREAS every community experiences the tragedy of mental hu`S,re illness and must cope with the growing number of persons released from psychiatric hospitals who are 1; FI��? unable to care for themselves and have no adequate or services to turn to; and programs WHEREAS, rapidly expanding knowledge about schizophrenia and manic-depression demonstrates that the causes are primarily biochemical and genetic, with ` F Ids. r1 ' . - -� increasingly successful treatment and rehabilitation possible; and 'i111t WHEREAS, the fear and stigma attached to mental illness have contributed to the shortage of research dollars and services. 6 QIII NOW, THEREFORE, We, the Mayor and City-..Council -of_the City of 1pF : Ashland join the National Alliance for-the Mentally ill and i the American Psychiatric Association in observance of: Ea ` y MENTAL ILLNESS AWARENESS WEER £,aj during the week of October 4 - 10, 1992, and support efforts & ,W to increase scientific knowledge about mental illness and to ,,n+• improve care for those persons affected by mental illness. 1� l Dated this 6th day of October, 1992. A i too..... ]T t1jLj � Catherine M. Golden F€ti Mayor F r.FF,y�yti: :lilac{'r7 F€g.P)1 L is nnl({l�pis NNRQ, Nan E. Franklin w;. )�$'{z ,„ City Recorder `'� \� x � @vv n ��A�Ii�` n^ve..'�A F/�la�nab � S` , �- � � 1 ;..,�Y�•^��,F l I�. � -� I.� P : 'S /� •.u'� 4t$'"'Syl�. .�.°N"`�. .'��?� +bus. 'Nw.� '.'Pw4.. y¢ r51-11 N.\!� -' n ,�"-, y :I�-a,Y`6'"`✓„�`e } \I M�"r^�� �/\u .,.'i gF � '_V p n"' �+ j 4 ,4w 4 .C/ pwY rfEi:, _ u a �ffisy4•s_E > eF�Tt}}\-tE1 n/Iint1`'_e .l._.a_s rt(i1)\tg �,f tt)1 6i .`ill au` ikarlatnatton 33 4` ti WHEREAS, approximately 80% of all U.S. fire deaths occur in the home; and WHEREAS, having a smoke detector cuts by nearly 50% your risk of dying in a home fire; and WHEREAS, smoke detectors provide early warning of a fire and can give us extra time to is safely escape and WHEREAS, only a working smoke detector can protect us; and ( WHEREAS, smoke detectors should be tested regularly and batteries should be replaced with fresh ones at least once a ear; and q(au WHEREAS, the Ashland Fire Department is dedicated to the safety of life and property from i . the devastating effects of fire; and N WHEREAS, those members of the Ashland Fire Department are joined by other concerned citizens of Ashland as well as business, schools, service dubs and organizations in their fire safety efforts; and t .(,.,,.• WHEREAS, the local efforts of the Ashland Fire Department are supported by activities of , 1 3. organizations such as the National Fire Protection Association, the United States9r Fire Administration, the Consumer Product:Safety Comrrtission,She International I;itE Association of Fire Chiefs, the International Association of Fire Fighters, the_ F -.� - International Association of Black Professional Fire Fighters, the National Volunteer Fire Council and the Fire Marshals association of North America; ��(I NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, do hereby proclaim the .«9 aE' week of October 4-10, 1992, as: ++� ' YS- II NATIONAL FIRE PREVENTION WEEK and call upon the people of Ashland to participate in fire prevention activities at home, work I w ;✓��{,Fj, T> and school, and to remember, as the 1992 National Fire Prevention Week suggests: 'TEST YOUR x =u DETECTOR - ITS SOUND ADVICEI' This week commemorates the great Chicago Fire of 1871 �' �faar -Tro? which killed 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. Dated this day of October, 1992 I/a Catherine Golden, Mayor .a 1 Nan Franklin, City Recorder 11' WE �, 's y= F�•—._li:/ .°. y-% �IAr '11' 7v`� art --------------- INN RIM 2. qf It', o WHEREAS, Oregonians appreciate our State's natural beauty and 10-1 natural resources; and All WHEREAS, good environmental habits like recycling and buying 411p IW`` IFS,_" products made of recycled materials are vital elements of Oregon's quality of life; and WHEREAS, local governments, schools, businesses and industries are providing recycling opportunities and adopting - r. environmentally-responsible buying practices. a. NOW THEREFORE, 1, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim October 3-10, 1992 as: "RECYCLING AWARENESS WEEK" in Ashland and encourage each Ashland citizen and visitor.to practice the waste reduction and recycling activities that are so vita_ l-to our State's future, its natural resources, and its quality of life. Dated this day of October, 1992. Catherine M. Golden, Mayor AM Nan E. FrAnklin, City Recorder V A ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES August 25, 1992 The regular monthly meeting of the Board of Trustees of Ashland Community Hospital was held at 12:15 on Tuesday, August 25, 1992, in the conference room. PRESENT: Steve Lunt, Dick Nichols, Madeline Hill, Frank Billovits, Mary O'Kief, Judy Uherbelau, Beth Monninger, Tom Reid, and Bruce Johnson, M.D. , Trustees. Pat Acklin, City Council Representative and Jerome Nitzberg, M.D. , Medical Staff Representative. Also Present: James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Mike McGraw, Controller; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. Absent: Jed Meese, Foundation President. I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and welcomed everyone to the August meeting of the Board of Trustees. II. MINUTES A. Executive Committee: Mr. Lunt called for-a-review of the minutes of the July 21, 1992, meeting. Following review; Mr, Nichols made.the motion ` - approve the minutes as circulated. Ms. Uherbelau seconded the motion and the motion carried. B. Board of Trustees: Mr. Lunt called for a review of the minutes of the July 28, 1992, meeting. Following review, Mr. Nichols made the motion to approve the minutes as circulated. Mr. Billovits seconded the motion and the motion carried. III. COMMITTEE REPORTS There were no committee meetings during the last month. IV. DECISION ITEMS A. Hospital Networking Meeting: Mr. Watson stated that a tentative date of September 8th at 7 pm has been made for the second meeting with Sisters of Providence. Mr. Lunt called for discussion regarding this meeting. The advantages and disadvantages of networking with this group were discussed at length.. Following lengthy discussion, it was the consensus that this meeting be canceled. It was felt that we should explore other options at this time. B. Marketing Committee: The next scheduled Marketing Committee meeting is Thursday, September 10th. This date was approved. C. Joint Advisory Committee: The Joint Advisory quarterly meeting is scheduled for Friday, -September 25th. This date was approved. Board of Trustees August 28, 1992 Page 2 D. Board Retreat: The Board Retreat is scheduled for Friday, October 2nd. This date was approved. It will be at Mr. Lunt's cabin at Lake of the Woods. It was recommended that we get someone to talk about managed care. Mr. Watson will invite Joy Ketchum, Brim & Associates. E. Satellite Medical Office: Mr. Watson requested that this item be removed from the agenda. He stated that he has found that there are concerns within the medical staff regarding this office. Some members of the staff are looking at other options - e.g. Phoenix area. It was the consensus of the Board that we should not pursue the acquisition of the nurse practitioner's practice in Talent. We should pursue establishing a satellite primary care office in the Phoenix/Talent area as soon as possible. F. July Expenditures: Mr. Billovits stated that he had reviewed the expenditures, found everything in order, and made the motion to approve. Mr. Nichols seconded the motion and the motion carried. V. EXECUTIVE SESSION Mr. Nichols made the motion to move into Executive Session pursuant to ORS 192.660, 1. , D. , (e) and (d). Mr. Billovits seconded the motion and the motion carried. Mr. Nichols made the motion to move out of Executive Session. Dr. Johnson seconded the motion and the motion carried. VI. MEDICAL STAFF REPORT "In presenting these names for credentialing; or recredentialing;.or_ other changes in status of a medical staff member,- or-' potential medical staff~"' member, the Executive Committee of the Medical Staff asserts without qualification that the affected persons were afforded due process in accordance with the Medical Staff By-Laws and the Rules and Regulations of the hospital." Dr. Nitzberg presented the completed applications of Dr. Frederick Nora and Dr. Thomas Treger- requesting courtesy staff privileges in pathology. He stated that everything is in order and that the Credentials and Executive Committees of the medical staff have approved their requests. He presented the request from Dr. Ralph Spiekerman requesting privileges in internal medicine. Dr. Spiekerman will be working with Dr. Bill Sager. Dr. Nitzberg stated that his application is in order and had been approved by the Credentials and Executive Committees. Following discussion, Mr. Billovits made the motion to approve these physician requests. Ms. Uherbelau seconded the motion and the motion carried. VII. DISCUSSION ITEMS A. Ashland Health Coalition Update: The next meeting is scheduled for Monday night. The committee has not met in some time. B. Strategic Planning Update: Mr. Watson stated that we are continuing to work on the development of a MSO. The physicians are having a retreat on August 29th with Joy Ketchum, Brim & Associates. Mr. Watson stated that he will be meeting with our city council members and the mayor regarding the important issues that are facing the hospital in the near future. The conversion of the delivery room into the 3rd operating room is near completion. HBE will be invited to come back in late September to complete their plans for expansion. Board of Trustees August 25, 1992 Page 3 C. Conflict of Interest Statements: Mr. Lunt requested that all members send their signed Conflict of Interest Statements to Administration as soon as possible. There was a suggestion that the Conflict of Interest Resolution be revised and updated. Mr. Watson stated that he will take responsibility for this revision. D. Picnic-in-the-Park: Mr. Watson stated that the annual Board/Medical Staff picnic-in-the-park is scheduled for Wednesday, October 7th. VIII. QUALITY ASSURANCE Mr. Watson stated that the Quality Assessment/Improvement Committee met on August 4th and that all issues are being handled appropriately. The Joint Advisory Committee will meet on September 25th to review the quarterly reports. IX. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold reported that Lorraine Hays, Infection Control Nurse for 12 years, has resigned that position. She stated that Erin Coke with assume this position. Ms. Arnold stated that we do not have enough applicants to have the Re-entry Program this fall. She reported that Brad Jacobsen's daughter expired today. B. Financial: Mr. McGraw reported that the annual audit is complete and we will have financial statements soon. He stated that July looked to be a good month. C. Personnel: Ms. Cockrell reported that we are recruiting an OR nurse. We have a new director of respiratory therapy; John Clark. New recipients for the Excellence in Caring awards are being,selected.and>-wi3i-62- presented to the Board in the next month or two. The Employee Recognition Dinner is scheduled for October 1st at Ashland Hills Inn. The theme will be western again. Sports physicals were completed on August 7th. D. Foundation: Mr. Flannery stated that the land has been cleared in the process for development of retirement housing. It should be open in approximately 2 years. HUD may help finance this project. Mr. Flannery stated that the goal for Lights for Life campaign will be to purchase a portable x-ray machine. X. ADJOURNMENT There being no further business, the meeting was adjourned at 2:19 pm. Respectfully submitted: APPROVED: Richard A. Nichols, Secretary Stephen B. Lunt, Chairman - r CITY OF ASHLAND PARKS AND RECREATION COMMISSION RP7GLJLAR MEN r I NG M I Ntinms August 26, 1992 Vice-Chair Alsing called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Patricia Adams, Al Alsing, Wes Reynolds, Teri Coppedge, Tom Pyle, Ken Mickelsen. Absent: None I. ADDITIONS OR DELETIONS TO THE AGENDA Director Mickelsen requested the addition of authorization to advertise for bids for water play components under New Business, Item A. II. APPROVAL OF MINUTES Commissioner Pyle pointed out that on the second page, second paragraph, first line of the minutes for the Regular Meeting of July 21, 1992 that the word "not" should read "now" which changed the meaning of the sentence. Concurring, Commissioner Reynolds made a motion to- approve the minutes of the Regular Meeting of July 21 , 1992 as corrected. Commissioner Alsing seconded. The vote was: 3 yes - 2 abstain (Coppedge, Adams) III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Pyle made a motion to approve the previous month's disbursements as indicated by Payables checks 116626 through 116775 in the amount of $123,378.69 and Payroll checks 115505 through 115614 in the amount of $42,522.30. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no B. 4th Quarter Financial Statement: Fiscal Year 1991-92 The Commission having reviewed the Financial. Statement for the fourth quarter of fiscal year 1991-92, Commissioner Alsing made a motion to approve the report as presented. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no C. G.F.O.A. Award Director Mickelsen reported to the Commission that the department had just received notification that the Commission has been awarded the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for fiscal year 1990-91. The Commission expressed pride in the work of the department staff. Ashland Parks and Recreation Commission Page 2 Regular Meeting - August 26, 1992 IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Commissioner Reynolds on ISTP.A Grant Commissioner Reynolds and Karen Smith from Jackson County Parks presented an brief overview of, the new federal Intermodal Surface Transportation Efficiency Act (ISTEA) and its implications for possible funding for construction of the Bear Creek Greenway Trail system. Although all details concerning administration through Oregon Department of Transportation had not yet been finalized, it appears that the Greenway trail would well qualify for the proposed 90% to 10% matching grant. In discussion, the Commission generally concurred that providing funding for a 10% match could be met but that priorities may need to be addressed in order to do so. It was estimated that if such a grant were approved that it would impact the departments 1993-94 budget and that some hard decisions may have to be made. Considering the possible grant, the Commission stated that it would take a look at its priorities for its projected Capital Improvement Plan for the coming years. MOTION Commissioner Pyle made a motion to authorize Chair Adams to write a letter to the Oregon Transportation Commission indicating the Commission's full support for the Bear Creek Greenway Trail. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no B. Park emblem Superintendent Gies presented the Commission with a final copy of the design for the proposed park emblem with three swans and a green border. The Commission approved the design by consensus. VII. ADJOURN TO EXECUTIVE SESSION Chair Adams adjourned the Regular Meeting to Executive Session for discussion of land acquisition and employee negotiations. . VIII. RECONVENE TO REGULAR SESSION Chair Adams called the Regular Meeting back to order. Commissioner Adams indicated that she would need to be absent from the meeting for a brief time relinquishing the Chair to Vice-Chair Alsing. Vice-Chair Alsing added two items to the agenda under New Business: authorization for the Chair to sign note of promise to pay Southern Pacific regarding the Railroad District property and a discussion of trail easement on the proposed land swap between S.O.S.C. and Bill Cowger. Ashland Parks and Recreation Commission Page 3 Regular Meeting - August 26, 1992 IX. NEW BUSINESS A. Authorization to advertise for bids Director Mickelsen indicated that the department needed authorization to advertise for bids on two separate projects: a self-contained restroom facility for the Granite Reservoir area and water play components for Garfield Park. MOTION Commissioner Pyle made a motion to advertise for the self-contained restroom facility. Commissioner Reynolds seconded. The vote was: 4 yes - 0 no MOTION Commissioner Pyle made a motion to advertise for the water play components for the Garfield Park site. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no B. Land donation for open/space park purposes MOTION Director Mickelsen notified the Commissioners that the Dreschers have agreed to the terms stipulated for the donation of land to the open space/park program. Commissioner Reynolds made a motion to recommend to the City Council that the land be accepted as a donation to the open space/park program. Commissioner Pyle seconded. The vote was: 4 yes - 0 no C. Railroad District park site - note of promise to pay MOTION Commissioner Pyle made a motion authorizing the Chair to sign a note of promise to pay Southern Pacific $18,600 as earnest money for the purchase of property in the Railroad District with the understanding that prior to payment the following stipulations are met: that the final plat map is recorded, that the property is demonstrated appropriate for park usage as to environmental cleanliness, that the property is demonstrated free of all encumbrances which could affect its use as park property, and that an earnest money agreement is drafted which meets the approval of the City Attorney and the Ashland Parks and Recreation Commission. Commissioner Reynolds seconded. The vote was: 4 yes - 0 no D. Trail easement - S.O.S.C./Cowper properties MOTION Commissioner Reynolds made a motion stating that the Commission endorses the concept of creating a trail easement related to the land swap between Southern Oregon State College and Mr. Cowger, and, if the easement were created that, at the appropriate time, the Commission would accept responsibility for construction and maintenance of such a trail. Commissioner Pyle seconded. The vote was: 5 ves - 0 no E. Salary negotiation regarding personal leave day MOTION Commissioner Adams made a motion to deny the department employees ' request to establish two annual personal leave days on top of the regular current schedule for holiday, vacation, and sick leave due to the loss in overall department productivity; however, also stating that the Commission Ashland Parks and Recreation Commission Page 4 Regular Meeting - August 26, 1992 Salary negotiation - continued would review department personnel policy regarding family leave, flexible scheduling, and use of sick leave to respond to employees ' concerns for the need of personal leave days . Commissioner Coppedge seconded. The vote was: 5 yes - 0 no X. CORRESPONDENCE, COMMUNICATIONS, DIRECTORS REPORT The Commissioners addressed a letter from Virginia Vogel which stated that she and her. husband were very concerned about statements made by the Park Funding Task Force in a memorandum to the Chamber Board and by certain comments by members of the Task Force made to her personally regarding the Hersey Street property and its possible acquisition as a park. Director Mickelsen indicated that he had written to the Vogels stipulating that the Commission was very interested in working with theta on the Hersey Street site and that comments attributed to individuals in her letter were not representative of how the Commission would like to proceed in considering purchase of the property. The Commission also discussed the process and progress of the League of Women Voters committee(s) in studving possible funding sources for the Open Space/Park Program. Chair Adams indicated that the League had scheduled a Public Forum for September 17th and that it appeared that a general membership vote would occur on October 14th. XI. ITEMS FROM COMMISSIONERS Commissioner Coppedge indicated that the level of chlorine which was used in the pool was very irritating to some people and inquired as to whether or not the department had investigated other systems. Superintendent Gies indicated that the department was currently investigating one of the new systems which used ions to determine whether or not it would be practical as well as meet public safety standards . Commissioner Pyle suggested that an upcoming agenda item needed to be a thorough investigation as to what it would take to develop a trail system which would connect the upper part of I.ithi.a Park to the Granite Reservoir area including such various aspects as location and engineering. XII. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Wednesday, September 23, 1992 at 7:00 p.m. XIII. ADJOURNMENT With no further business , Chair Adams adjourned the meeting. Respectf Iv submitted, Ann Benedict, Management Assistant Ashland Parks and Recreation Department ASHLAND HISTORIC COMMISSION Minutes September 2, 1992 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Le Hook, Jean MacKenzie, Dana Johnson, Jane Dancer, Keith Chambers and Steve Ennis. Also present were Assistant Planner Kristen Cochran, Secretary Sonja Akerman and Council Liaison Susan Reid. Deane Bradshaw was absent. APPROVAL OF MINUTES MacKenzie clarified on page 7, Goal 3 should be statue, not fountain. Hook moved and Johnson seconded to approve the Minutes of the August 5, 1992 meeting as corrected. The motion was unanimously passed. GUEST Kay Atwood discussed the benefits and possibility of conducting research on the Ashland Cemetery and preparing a nomination to the National Register of Historic Places. She stated to be register eligible, the cemetery must have maintained its original character. The quality of mortuary art is also taken into consideration. She proposed doing an initial presentation to Elizabeth Potter of SHPO to find out the feasibility of acceptance. She emphasized it is not enough to have prominent city figures buried there. She would also need to clarify it is THE Ashland Cemetery. The Hargadine Cemetery also needs to be taken into account. The City has recognized the National Register before, in the Community Center and Reeder Reservoir. Cemeteries are considered to be new ground and are cultural landscape art relics. Reid wondered about the budget and if the Hargadine Cemetery could be incorporated in the nomination with the Ashland Cemetery. Atwood will investigate this. Atwood said there is no direct financial benefit, but listing on the National Register is a prerequisite and avenue to grants. She stressed it is a valuable first step, not a guarantee. She then submitted a copy of the grant the City of Jacksonville obtained for restoration of its cemetery. It serves as a work plan she explained. MacKenzie questioned Atwood about the possibility of Siskiyou Boulevard obtaining National Register status. Atwood answered it would be a major project to undertake. Lewis commented more vandalism is taking place, and some of the marble headstones are losing definition. Consequently, he is in favor of proceeding with this project. Atwood agreed this would be a step toward preserving the cemetery. She also said it would be helpful to solicit volunteers to photograph all the headstones and match them to the records. She will submit a proposal to the Commission for the eligibility proposal. The members all agreed this is a worthwhile beginning, and will support Atwood throughout the process. STAFF REPORTS PA 92-088 Site Review First and "A" Streets Ashland Community Food Store Cochran explained a food store is a permitted use in an E-1 zone. The applicants will be using an existing parking area and adding 12 spaces on the street. Staff is happy with the design and thinks it will be an attractive structure with nice landscaping. A concern is traffic that will be generated. A study has recently been completed and the current traffic is well below capacity. One neighbor had suggested making all of First Street one way (it is currently one way only between Lithia Way and 'B" Street). Cochran clarified this will be addressed by the Traffic Safety Commission, which will be coming up with a plan for the area. She then reviewed Staffs recommendations and conditions. Parking and truck traffic was discussed. ACFS owns half the existing parking lot by Valley of the Rogue Bank. The Commission agreed it is important to keep the access open between the parking lots. Johnson questioned the impact of parking on the existing houses on First Street. Cochran answered that side of the street will remain the same with parallel parking, while the other side will be widened to allow for head-in parking. When questioned by Lisa Blatte (from the audience) about the lighting, Joyce Ward (architect for the project) answered a Portland firm will be addressing it. Hook said the need for views of the streetscape has been discussed and would like to see one of this area drawn to scale. Ennis said he is a little disturbed by the scale since it most directly relates to the smaller houses across the street. When asked about the metal roof, Joyce Ward clarified the entire roof will be metal and that the wood trellises provide softness. (Reid left at this time.) Ashland Historic Commission Minutes September 2, 1992 Page 2 Hook moved to recommend approval of the application with the conditions as stated by Staff. Skibby seconded the motion. A discussion on traffic ensued. It was agreed the Historic Commission would like the Traffic Safety Commission to seriously consider making First Street one way from Lithia Way to "A"Street. This would help preserve the residential character of"B"Street in that area. Hook amended the motion to include the Traffic Safety Commission examine the possibility of making First Street one way from 'B" Street to "A" Street also. Skibby seconded the amended motion. The motion passed with all voting aye except Ennis. PA 92-101 Conditional Use Permit 223 Fifth Street Cooper/Silverman Cochran explained the applicants propose to remodel the existing house to accommodate two office spaces downstairs, with two office spaces and a one bedroom apartment upstairs. Two off-street parking spaces will be provided on the property and credit will be given for two on-street spaces. Concerns have arisen regarding traffic and loss of residential housing in the Historic District. The applicants will be required to improve the off-street parking area and install a sidewalk on the Fifth Street side. Lewis questioned the size of the off-street parking areas and observed there was no turn- around area. Lisa Cooper, applicant, said the cars would back out onto 'B" Street, and that they wanted to leave as much yard area as possible, so would be paving the minimum amount since only two spaces are needed. Dancer questioned how far the Railroad District was going toward business and losing its residential character. Lewis said each application had to be taken by its own merits. Cooper explained she and Nola Silverman are CPAs and are currently renting office space. The reason they bought the house was because they need more space and felt it was a good compromise to have the mixed use. They will only rent out one or two of the offices, as they need two or three themselves. They plan to have minimal impact on the area, as a CPA business does not generate a lot of traffic. They like the house the way it is and can put in an apartment without much structural change. It will look the same outside, and can be converted back to residential use. Two-thirds of the upstairs space will be used for the one bedroom apartment. Ennis questioned the type of heating system and wondered where the compressor unit would be placed. Cooper was unsure. Ashland Historic Commission Minutes September 2, 1992 Page 3 Lewis stated he would like to see the sidewalk placed as it is across the street on Fifth,with a parkway between the curb and the sidewalk. Chambers said he has mixed feelings about the commercial use versus residential use. He referred to the letter and map received from Laura Perloff, who has concerns about the parking situation. Ennis expressed his frustration with the loss of a good size house and stated it would be the first commercial use on that block. He also has concerns about the livability and traffic increase in the area. When questioned about the possibility of a duplex, Cochran stated there is not enough square footage on the lot. Lewis said he has a problem if the lot is not large enough for a duplex, how can it be large enough for four offices and an apartment. Cooper stated the nice stairway would have to be walled off if the apartment utilized the entire upstairs. She said they were not looking to rent out all the spaces. Lewis remarked four office spaces can generate a lot of traffic, and it seems as though this is maximizing the property. Ennis said it is feasible for three or four people to work out of one office, and there are only four spaces provided. Chambers stated the Commission has become more and more concerned about the loss of rental housing in the Historic District and would like the public to have a chance to state concerns. Cooper declared they had gone through the pre-application process and they were not aware of problems. Lisa Blatte said she lives only a couple blocks from the Historic District is very concerned with the amount of traffic and amount of parking spaces provided. She often walks down "B" Street and she recently counted the number of single family units left between Water Street and Fifth Street -- there are very few. The Railroad District has been one of the few remaining affordable housing areas in close proximity to downtown. Also, in looking at the site, it seems as though the off-street parking will be located less than ten feet from the neighbor's bedroom window, and doesn't like the fact that this is introducing traffic into the backyard, which happens to be directly off"B" Street. When she questioned Cooper about number of people in the office spaces, Cooper said there would be one for each office, plus a receptionist. Blatte continued there should be a minimum of five spaces required. Hook stated he also had a problem with the number of parking spaces required. Four spaces is not enough for four offices and a residence and customers. Skibby felt the amount of office space overpowers the residential, and it should be called up for a public hearing Ashland Historic Commission Minutes September 2, 1992 Page 4 in order to get public input. MacKenzie said she was sorry the applicants were caught in the middle of these concerns, but felt they need to be addressed. Johnson questioned why the applicants were requesting four office spaces if not that many were needed for their own use, then suggested they only apply for two on the main floor and use the entire space upstairs for residential use. Cooper said they would have to rethink their plans. Cochran commented the impact would be less with two offices. She also informed the Commission parking is calculated off the square footage, not the number of offices. Chambers said the quality of what's left in the residential area is important. (Dancer left at this point.) After discussing this application, the Commission agreed traffic,parking spaces, and the loss of rental housing are the main concerns. Therefore, Ennis moved to recommend the Hearings Board call this up for a public hearing. Hook seconded the motion and it was unanimously approved. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of August follow: 586 "C' Street Beth Giesler Repair 30 Water Street Lloyd Haines Deck 487 Rock Street Rick Landt Remodel 228 'B" Street John Ferguson Roof&Struc.Repair 180 N. First Street John Ferguson Interior Remodel 41 N. Main Street Dave Lewis Satellite Dish 501 Allison Street Daniel Greenblatt Foundation 44 Lithia Way Puck's Doughnuts Sign 87 Fourth Street Rogue Valley Unitarian Church Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: September 3 Lewis, Skibby, MacKenzie and Dancer September 10 Skibby, MacKenzie, Hook and Lewis September 17 Hook, MacKenzie, Johnson, Chambers and Skibby September 24 MacKenzie, Johnson, Chambers and Skibby October 1 Ennis, Skibby, Lewis and Dancer Ashland Historic Commission Minutes September 2, 1992 Page 5 (Chambers moved and MacKenzie seconded to extend the meeting beyond 10:30. The motion passed unanimously.) OLD BUSINESS Rental Housing in the Historic District Ennis explained that at the Joint Study Session with the Planning Commission on August 25th, Staff requested a copy of criteria with which the Commission is concerned. The criteria submitted by Ennis was then discussed. Chambers and Ennis will submit the final draft before the September 29th Joint Study Session. Mark Antony A copy of the letter from James Hamrick (SHPO) was briefly discussed regarding the marquee at the Mark Antony. NEW BUSINESS Skibby requested the Applegate Trail be put on the next agenda. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 11:00 p.m. Ashland Historic Commission Minutes September 2, 1992 Page 6 P Ashland Fire Department S.. P%OTEC, ,p ESE,, 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 (503)482-2770 . MEMORANDUM FAX (503) 488-5318 October 1, 1992 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief A0 SUBJECT National Home Fire Safety Campaign Each year over 5,000 Americans lose their lives in home fires in the United States. Approximately 80% of all fire fatalities in this country occur in our homes. There is clear evidence that early detection and warning, coupled with a well- rehearsed home escape plan, will result in substantial reductions in the frequency of home fire fatalities. In the City of Ashland last year, a residential fire death occurred in a mobile home without a smoke detector. The Ashland Fire Department has made a concerted effort to improve our community%s-fire_ preparedness, by going door-to-door and checking smoke-detectors for area <_ residents. In the past year we have observed several near- tragedies from fires involving homes with smoke detectors that had dead or missing batteries. This year the Ashland Fire Department is participating in "OPERATION CHECK AND CHANGE" , a national home fire safety campaign that urges Americans to adopt a lifesaving habit: Changing smoke detector batteries when they change clocks back from daylight-saving time each fall. On Saturday, October 24, 1992, fire departments nation-wide will briefly activate their sirens at 6 p.m. to announce the initiation of a home smoke detector check and emergency exit drill throughout their respective communities. It is our hope that our community will participate -by testing their smoke detectors and practicing their home fire escape drills with family members. Our most successful approach toward reducing the loss of life ,and property from fire in our community, is a strong and aggressive public education program. It is our hope that events such as "OPERATION CHECK AND CHANGE" will increase our awareness of the potential for fire in our community and its attendant , risks. ,pEVEy, Ashland Fire Department ' • EPOTEC! ,lEfEp Yf 455 SISKIYOU BOULEVARD ASHLAND,OREGON I i 97520 - !' (503)482-2770 "CHANGE YOUR CLOCK, CHANGE YOUR BATTERY" FIRE STATISTICS THE ISSUE: SMOKE DETECTOR NEGLECT * Although smoke detectors are in 82 percent of American homes, nearly one-third do not work because of worn or missing batteries. (International Association of Fire Chiefs, United States. Fire Administration) * Non-working smoke detectors are a factor in many of the thousands of deaths and injuries caused by home fires each year. The number of home fire deaths and injuries is difficult to pinpoint; however, some studies indicate that there are approximately 5, 000 deaths and 100, 000 - 200,000 injuries. (IAFC) * A working smoke detector cuts the risk of dying in a home fire by nearly half by providing an early warning and critical extra seconds to escape. (National Fire Protection Association) * Smoke detector maintenance is one of the simplest, most effective ways to reduce home fire deaths and injuries. (IAFC) HOME FIRES * Somewhere in the nation, a residential fire occurs about every 66 seconds. (NFPA) * The peak time for home fire fatalities is between 2 and 5 a.m. -- when most people are asleep. (TriData) In a recent survey by Energizer batteries, half of the 1, 000 respondents mistakenly believed they would be awaked by the smell of smoke in time to escape. In reality, smoke often disorients people and dulls their senses. In addition, most people die of smoke inhalation in home fires rather than of burns. * Most fire deaths occur in winter months -- December through February -- when most fires occur. Poorly installed, maintained or misused portable or area heating equipment is a main cause of fatal home fires. (USFA) * In 1991, home fires caused $5. 5 billion of damage to homes. (NFPA) - more - "Change Your Clock, Change Your Battery" Page Two FIRE STATISTICS BY REGION OF THE UNITED STATES * Compared to other states, Alaska has the worst fire death rates, with 49. 8 deaths per million population in 1990. (USFA) * Next on the list, with between 42 . 5 and 34.7 fire deaths per million people in 1990, are Oklahoma, Mississippi, Alabama, South Carolina and New Hampshire. (USFA) * States with the lowest rate in the country, with between 6. 1 and 10. 2 fire deaths per million people in 1990, are- North Dakota, Rhode Island, Nevada, Colorado and Washington. (USFA) * The United States has one of the worst fire death rates in the industrialized world. (NFPA) YOUNG CHILDREN AND SENIORS: DISPROPORTIONATELY AFFECTED * Preschool children and older adults have the highest fire death rates in home fires. (NFPA, USFA) * Children under 5 years of age are 2: 3 times as likely to die in a home fire than the population as-a whole (-TriData)-= * Older Americans are twice as likely to die in a home fire than the population as a whole. (TriData) Those 85 years old and above are almost four times as likely to die in a home fire. (NFPA) CITY OF ASHLAND AFFORDABLE HOUSING AGREEMENT FOR DEVELOPMENTS NOT INCLUDING FARMERS HOME ADMINISTRATION Agreement made this day of ��" ,tip,, 1992, between the City of Ashland ("City") and �ffe pL S'iir,< �oxs,G,�- Col (",Developer"). RECITALS: A. Developer has received outline and final plan approval of a nine-lot subdivision located at the end .of Patterson Street, planning action #92-086. The subdivision is described in the attached Exhibit A. B. As a condition of this approval, City required that the Developer enter into- an agreement with the City guaranteeing that at least 35% of the units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council. The condition requires this agreement is to be signed and recorded prior to the filing of the final plat. C. This agreement fulfills the condition of approval described in Recital B. D. This agreement is to be used only for housing in an affordable housing project which are not financed by the Farmer's Home Administration. See section 2.D of Resolution 91-32 of the Ashland City Council`adopted.August-20;.1991. City and Developer agree: 1. Covenants running with the property. Five subdivision lots designated as lots .2--, .S, 6 > 7 and 7 (further referred to in this agreement as "the lots") shall be held, sold, and conveyed subject to the following covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the lots, their heirs, successors and assigns. 2. Terms required on initial sale. The Developer shall not sell or otherwise transfer, nor permit the sale or transfer of, the lots: 2.1. Without the prior approval of City as to the qualifications of the buyer or buyers as moderate income persons in accord with the standards established by the resolution. 2.2. Without ensuring that a promissory note, in substantially the form attached as Exhibit "B", is executed by the buyer and secured by a trust deed in favor of the City. The amount of the promissory note shall be the amount of any deferred system development charges of the City for the particular lot as improved. In addition the note amount shall include the difference between the appraised value of the lot and dwelling less 110% of the purchase price, if such difference is a positive number. PAGE 1-NON-FmHA AFFORDABLE HOUSING AGREEMENT (F:p1annino\efor-aod.K1 2.3. Without improving the lots with single family residential dwellings substantially similar to those presented in the subdivision approval process. 2.4. For a purchase price, including all improvements, in excess of the following amounts: Two bedroom $ 89,601 Three bedroom $ 99,446 Four bedroom $107,365 2.5. Without first obtaining a fair market value appraisal for review by the City by an appraiser approved by the City, which approval shall not be unreasonably withheld, on each of the lots. The appraiser need not be approved by the City if the sale to a qualified purchaser is financed by a financial institution as defined in chapter 791, Oregon Laws 1989, section 2(4), the financial institution requires an appraisal and the appraisal is made available to the City. 3. Benefit to City. These covenants and conditions are intended to benefit the City of Ashland as part of a City program to create owner-occupied housing that is affordable for low and moderate income households and the City shall have the right to enforce such covenants and conditions through appropriate judicial proceedings at law or in equity. DEVELOPER CITY OF ASHLAND B BY Its Mayor Cathy Golden BY BY Its Nan Franklin, City Recorder REVIEWED AS TO CONTENT: BY Planning Director Date REVIEWED AS TO FORM: BY City Attorney Date PAGE 2-NON-FmHA AFFORDABLE HOUSING AGREEMENT (r:ciennino\efer-eoa.K) STATE OF OREGON COUNTY OF JACKSON This instrument was acknowledged before me on 9-11 �(� by l ca k,cj and OFIL SEAL •'�:. T NEA RA RUSSELL NOTAR: Pu u - OREGON Notary Public foe Oregon COMMISSION NO. 015187 _ MY COMMI SS �ION EXPIRES MAYS,1996 My commission expires: - �- - to PAGE 3-NON-FmHA AFFORDABLE HOUSING AGREEMENT (P:PIanninglafor-aed.K) EXHIBIT A Poplar Place Subdivision, a planned community development, in the city of Ashland, Jackson County, Oregon. EXHIBIT B PROMISSORY NOTE SECURED BY DEED OF TRUST $ Ashland, Oregon, 1992 For value received, I promise to pay to the order of the City of Ashland, Oregon, an ("City"), at City Hall or such other place as the City may designate, the principal sum Of ($ ), plus accrued interest, upon the terms and conditions set forth below. 1. RECITALS. I acknowledge that this note is given in connection with my purchase of certain improved real property ("the home") which was developed as part of a City program to create owner-occupied housing that is affordable for low and moderate income households. I recognize that in purchasing the home I am receiving the benefits of the City's assistance to the developer of the property upon which.the home is located, and that without such assistance I would not have been able to purchase the home. I understand that signing this note and complying with its terms are necessary to permit the City to fulfill its affordable housing goals. 2. INTEREST. The unpaid principal balance of this note shall bear simple interest at the rate of six percent (6.0%) per year from the date of this note until paid. 3. REPAYMENT. 3.1. During the first 30 years after this note is-executed no{payments of either principal or interest shall be due or payable so long as I continue-,to owneand occupy ==_ the home as my primary residence, and so long as I am not in violation of any of the terms of this note or the trust deed securing it. I may also make a qualified transfer of the home to an eligible buyer who shall assume this note, as set forth below, without violating the terms of this note. 3.2. During the first 30 years after this note is executed, the total amount of the principal and accrued interest shall become immediately due and payable in full upon my transfer of the home to any person or entity other than an eligible buyer as defined below or to an otherwise eligible buyer who does not assume this note and the trust deed securing it and agree to comply with all of its terms, or whenever I cease to occupy the home as my primary residence, or whenever I am in default for failure to comply with any of the terms of this note or the trust deed. At the end of 30 years following the date of execution of this note, if I am at that time the owner and occupier of the home and am not in default under any terms of this note or the trust deed, this note and my obligation to pay the principal and accrued interest shall be cancelled and forgiven by the City. 4. TRANSFER. As used in this note, "transfer" means any sale, assignment or transfer, whether voluntary or involuntary, of any interest in the home, including, but not limited to, a fee simple interest, a co-tenancy interest, a survivorship interest, a life estate, a leasehold interest, any right to possession under a rental agreement, or an PAGE 1- PROMISSORY NOTE (p:planning\afford.NOt) interest evidenced by a land sale contract in which possession of the home is transferred and I retain title. A transfer by gift, devise or inheritance to an existing spouse or surviving joint tenant, or a transfer to a spouse or former spouse as part of a dissolution of marriage proceeding or in connection with marriage shall not be considered a transfer for the purposes of this note. However, the provisions of this note shall continue in full force and effect as to such transferee. 5. NOTICE OF INTENDED TRANSFER. In the event I intend to transfer or vacate the home, I agree to promptly notify the City in writing at least 90 days before the actual date of the transfer or vacation, by certified mail, return receipt requested. 6. QUALIFIED TRANSFER. A transfer that meets the requirements set forth in this section shall be deemed a qualified transfer. At least 30 days prior to the transfer my proposed buyer and I shall provide the following information to the City: 6.1. The name, address and telephone number of the proposed buyer; 6.2. A financial statement signed by the proposed buyer and his or her spouse, if any, in a form acceptable by the City and accompanied by such supporting documentation as requested by the City. The financial information shall be used by the City to determine the income eligibility of the proposed buyer. 6.3. A copy of the proposed sales agreement and all related documents, which set forth the terms of the transfer; 6.4. A written certification signed by the-proposed buyer and me-in-a fora -�- acceptable to the City stating that: 6.4.1. The transfer shall be closed in accordance with the terms of the sales agreement and other documents submitted and approved by the City; 6.4.2. Neither the proposed buyer nor any other party has paid or will pay to me or for my benefit, and I have not received nor will I receive from the proposed buyer or any other party, either directly or indirectly or for my benefit, money or any other consideration in addition to what is set forth in the sales agreement and related documents; 6.4.3. In the event that a transfer is made in violation of the terms of this agreement, or that false or misleading statements are made in any documents or certifications submitted to the City, the City shall have the right to file a legal action to force the parties to terminate or rescind the sales agreement, or to declare the sale void notwithstanding the fact that the sale may have closed and become final as between the buyer and me; 6.5. An assumption agreement signed by the proposed buyer in a form acceptable to the City under which the proposed buyer assumes the obligations and duties and agrees to bound by the provisions of this note and the trust deed securing it. Recording of the assumption agreement in the official records of Jackson County, Oregon, shall be a condition of the City's approval of the proposed transfer. PAGE 2- PROMISSORY NOTE (p:planning\afford.Not) I agree to pay a reasonable assumption fee to the City and to reimburse the City for its expenses incurred in administering its rights and obligations in connection with any transfer under this note. Upon the close of any transfer, I agree to provide the City with copies of the recorded trust deed, final sales contract, settlement statement, escrow instructions, and any other documents prepared or used in connection with the transaction. 7. ELIGIBLE BUYER. To be an eligible buyer, a buyer shall meet the following requirements: 7.1° Such buyer shall certify that he or she will occupy the home as his or her principal home; 7.2. The buyer and all other members of the buyer-'s household shall meet the income guidelines established from time to time by the City for participation in its affordable housing program. 8. REFINANCING. I understand that I will be entitled to refinance the existing purchase money first mortgage or trust deed encumbering the home by securing a new first mortgage or trust deed on the home in an amount not greater than the then present balance of the said first mortgage or trust deed plus applicable loan fees and closing costs, without causing this note to become immediately due and payable. I also understand that I shall be permitted to take out a home equity loan secured by a third mortgage or trust deed on the home, which shall be subordinate to this note and the trust deed securing it, without causing this note to become-_imrnediately due and -. payable, provided that the proceeds of.such home:.equity loan shall--only-be used -fer--°'==- improvements to the home, including landscaping. 9. BINDING EFFECT: JOINT AND SEVERAL OBLIGATIONS. This note and its terms shall be binding upon my heirs, executors, administrators, personal representatives, successors, and assigns. Throughout this note, the terms "I," "me," and "my" refer individually and collectively to all persons who sign this note, and all persons signing this note shall be jointly and severally liable for its obligations. 10. ATTORNEY FEES AND COSTS. If a legal action is commenced to enforce any of the provisions of this note, including, without limitation, any arbitration, mediation, or action in any court, including the prosecution or defense of any proceeding in bankruptcy court, the prevailing party shall be entitled to recover from the other party costs, disbursements and attorney fees incurred both at trial.and on appeal. If the legal action results in a monetary judgment , injunction or other equitable relief, the prevailing party shall also be entitled to recover, in addition to prejudgment attorney fees, an amount sufficient to defray the expense of attorney fees and other costs and disbursements necessary for enforcement or collection of the judgment. As used in this section the term "costs" includes expenses for expert witness fees, pretrial and post-judgment discovery, title search and title insurance charges, and any other reasonable expenses, whether or not they would otherwise be-known as 'costs and disbursements." PAGE 3— PROMISSORY NOTE (p:plaming\afford.Not) 11. SEVERABILITY: GOVERNING LAW. If any provision of this note is or becomes inconsistent with any applicable present or future law, rule or regulation, such provision will be deemed rescinded or modified in order to comply with the relevant law rule or regulation, and all other provisions of this note shall continue in full force and effect. This note shall be governed by and interpreted under the laws of the State of Oregon. 12. NOTICES. Any notice required or permitted under this note shall be in writing sent postage prepaid, by certified U.S. mail, return receipt requested. Notices to me shall be sent to the home. Notices to the City shall be sent to City Hall. 13. PARAGRAPH HEADINGS. The paragraph headings in this note are used for convenience only and do not restrict the meanings of the paragraphs to which they refer. 14. NO WAIVER. Failure by the City to require strict performance of any term of this note, including the extension of any payment or acceptance of any part of a payment, shall not affect the City's rights or be considered a waiver by the City of the strict performance of all conditions of this note. No waiver by the City of any default shall be considered a waiver of any subsequent default or a waiver of this paragraph. EXECUTED this day of , 1992. NOTICE TO BUYER: THIS DOCUMENT CONTAINS PROVISIONS RESTRICTING RESALES AND ASSUMPTIONS. Signature Signature Printed Name Printed Name PAGE 4- PROMISSORY NOTE (p:planni ng\afford.Not) CITY OF ASHLAND AFFORDABLE HOUSING AGREEMENT FOR FmHA DEVELOPMENTS Agreement made this /14-k day of Ste, 1992, between the City of Ashland ("City") and IJ4,g , cr Sf rn s uz*r; , (30Tnc("Developer"). RECITALS: A. Developer has received outline and final plan approval of a nine-lot subdivision located at the end of Patterson Street, planning action #92-086. The subdivision is described in the attached Exhibit A. B. As a condition of this approval, City required that the Developer enter into an agreement with the City guaranteeing that at least 35% of the units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council. The condition requires this agreement is to be signed and recorded prior to the filing of the final plat. C. This agreement fulfills the condition of approval described in Recital B. D. This agreement is to be used only for housing in an affordable housing project which are financed by the Farmer's Home Administration. See section 2.D of Resolution No. 91-32 of the Ashland City Council adopted August 20, 1991 (further referred to in this agreement as "the resolution"). _ City and Developer agree: 1. Covenants running with the property. Two subdivision lots designated as lots 3 and 4 of this subdivision (further referred to in this agreement as "the lots") shall be held, sold, and conveyed subject to the following covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the lots, their heirs, successors and assigns. 2. Terms required on initial sale. The Developer shall not sell or otherwise transfer, nor permit the sale or transfer of, the lots: 2.1. Without the prior approval of City as to the qualifications of the buyer or buyers as moderate income persons in accord with the standards established by the resolution. 2.2. Without ensuring that a promissory note, in substantially the form attached as Exhibit "B", is executed by the buyer and secured bg a trust deed in favor of the City. The amount of the promissory note shall be the amount of any deferred system development charges of the City for the particular lot as improved. PAGE 1-FmHA AFFORDABLE HOUSING AGREEMENT 1p:P1an"ing\afar-fha.KJ 2.3. Without improving the lots with single family residential dwellings substantially similar to those presented in the subdivision approval process. 2.4. For a purchase price, including all improvements, in excess of the following amounts: Two bedroom $ 89,601 Three bedroom $ 99,446 Four bedroom $107,365 2.5. Without placing a condition, covenant and restriction on the lots that for the first five years after the initial purchase of the lot from the subdivider, resale can I only be to individuals from the same income category as the original purchaser or purchasers. 3. Benefit to City. These covenants and conditions are intended to benefit the City of Ashland as part of a City program to create owner-occupied housing that is affordable for low and moderate income households and the City shall have the right to enforce such covenants and conditions through appropriate judicial proceedings at law or in equity. DEVELOPER CITY OF ASHLAND BY BY .. - Its ,rt,c Mayor-Cathy Golden .....:-- BY BY Its Nan Franklin, City Recorder REVIEWED AS TO CONTENT: BY Planning Director Date REVIEWED AS TO FORM: BY City Attorney Date STATE OF OREGON COUNTY OF JACKSON This instrument was acknowledged before me one 11 la by La rL Weeli jg, ry- and tAICIAL SEAL R. RUSSELL Notary Public for O regon ION NO, 05187 My commission expires: F;�-b 1 N EXPIRES MAY 5,1996 AFFORDABLE HOUSING AGREEMENT (p:planning\afor-fha.IQ EXHIBIT A Poplar Place Subdivision, a planned community development, in the city of Ashland, Jackson County, Oregon. i . EXHIBIT B PROMISSORY NOTE SECURED BY DEED OF TRUST $ Ashland, Oregon, 1992 For value received, I promise to pay to the order of the City of Ashland, Oregon, an ("City"), at City Hall or such other place as the City may designate, the principal sum Of ($ ), plus accrued interest, upon the terms and conditions set forth below. 1. RECITALS. I acknowledge that this note is given in connection with my purchase of certain improved real property ("the home") which was developed as part of a City program to create owner-occupied housing that is affordable for low and moderate income households. I recognize that in purchasing the home 1 am receiving the benefits of the City's assistance to the developer of the property upon which.the home is located, and that without such assistance I would not have been able to purchase the home. I understand that signing this note and complying with its terms are necessary to permit the City to fulfill its affordable housing goals. 2. INTEREST. The unpaid principal balance of this note shall bear simple interest at the rate of six percent (6.0%) per year from the date of this note until paid. 3. REPAYMENT. 3.1. During the first 30 years after this note is-executed-no{payments of either principal or interest shall be due or payable so long.as I continue to own.and oo€upy�--= the home as my primary residence, and so long as I am not in violation of any of the terms of this note or the trust deed securing it. I may also make a qualified transfer of the home to an eligible buyer who shall assume this note, as set forth below, without violating the terms of this note. 3.2. During the first 30 years after this note is executed, the total amount of the principal and accrued interest shall become immediately due and payable in full upon my transfer of the home to any person or entity other than an eligible buyer as defined below or to an otherwise eligible buyer who does not assume this note and the trust deed securing it and agree to comply with all of its terms, or whenever I cease to occupy the home as my primary residence, or whenever I am in default for failure to comply with any of the terms of this note or the trust deed. At the end of 30 years following the date of execution of this note, if I am at that time the owner and occupier of the home and am not in default under any terms of this note or the trust deed, this note and my obligation to pay the principal and accrued interest shall be cancelled and forgiven by the City. 4. TRANSFER. As used in this note, "transfer means any sale, assignment or transfer, whether voluntary or involuntary, of any interest in the home, including, but not limited to, a fee simple interest, a co-tenancy interest, a survivorship interest, a life estate, a leasehold interest, any right to possession under a rental agreement, or an PAGE 1- PROMISSORY NOTE (p:planning\afford.uot) interest evidenced by a land sale contract in which possession of the home is transferred and I retain title. A transfer by gift, devise or inheritance to an existing spouse or surviving joint tenant, or a transfer to a spouse or former spouse as part of a dissolution of marriage proceeding or in connection with marriage shall not be considered a transfer for the purposes of this note. However, the provisions of this note shall continue in full force and effect as to such transferee: 5. NOTICE OF INTENDED TRANSFER. In the event I intend to transfer or vacate the home, I agree to promptly notify the City in writing at least 90 days before the actual date of the transfer or vacation, by certified mail, return receipt requested. 6. QUALIFIED TRANSFER. A transfer that meets the requirements set forth in this section shall be deemed a qualified transfer. At least 30 days prior to the transfer my proposed buyer and I shall provide the following information to the City: 6.1. The name, address and telephone number of the proposed buyer; 6.2. A financial statement signed by the proposed buyer and his or her spouse, if any, in a form acceptable by the City and accompanied by such supporting documentation as requested by the City. The financial information shall be used by the City to determine the income eligibility of the proposed buyer. 6.3. A copy of the proposed sales agreement and all related documents, which set forth the terms of the transfer; 6.4. A written certification signed by the-proposed buyer and mein a form'.— '=y acceptable to the City stating that: 6.4.1. The transfer shall be closed in accordance with the terms of the sales agreement and other documents submitted and approved by the City; 6.4.2. Neither the proposed buyer nor any other parry has paid or will pay to me or for my benefit, and I have not received nor will I receive from the proposed buyer or any other party, either directly or indirectly or for my benefit, money or any other consideration in addition to what is set forth in the sales agreement and related documents; 6.4.3. In the event that a transfer is made in violation of the terms of this agreement, or that false or misleading statements are made in any documents or certifications submitted to the City, the City shall have the right to file a legal action to force the parties to terminate or rescind the sales agreement, or to declare the sale void notwithstanding the fact that the sale may have closed and become final as between the buyer and me; 6.5. An assumption agreement signed by the proposed buyer in a form acceptable to the City under which the proposed buyer assumes the obligations and duties and agrees to bound by the provisions of this note and the trust deed securing ft. Recording of the assumption agreement in the official records of Jackson County, Oregon, shall be a condition of the City's approval of the proposed transfer. PAGE 2— PROMISSORY NOTE (p:plarning\af ford.Not) i I agree to pay a reasonable assumption fee to the City and to reimburse the City for its expenses incurred in administering its rights and obligations in connection with any transfer under this note. Upon the close of any transfer, I agree to provide the City with copies of the recorded trust deed, final sales contract, settlement statement, escrow instructions, and any other documents prepared or used in connection with the transaction. 7. ELIGIBLE BUYER. To be an eligible buyer, a buyer shall meet the following requirements: 7.1. Such buyer shall certify that he or she will occupy the home as his or her principal home; 7.2. The buyer and all other members of the buyer's household shall meet the income guidelines established from time to time by the City for participation in its affordable housing program. 8. REFINANCING. I understand that I will be entitled to refinance the existing purchase money first mortgage or trust deed encumbering the home by securing a new first mortgage or trust deed on the home in an amount not greater than the then present balance of the said first mortgage or trust deed plus applicable loan fees and closing costs, without causing this note to become immediately due and payable. I also understand that I shall be permitted to take out a home equity loan secured by a third mortgage or trust deed on the home, which shall be subordinate to this note and the trust deed securing it, without causing this note to become 1mrnediately due and - payable, provided that the proceeds of such home equity loan shall:onlybe.used-Jor - =-- improvements to the home, including landscaping. 9. BINDING EFFECT: JOINT AND SEVERAL OBLIGATIONS. This note and its terms shall be binding upon my heirs, executors, administrators, personal representatives, successors, and assigns. Throughout this note, the terms "I," "me," and "my" refer individually and collectively to all persons who sign this note, and all persons signing this note shall be jointly and severally liable for its obligations. 10. ATTORNEY FEES AND COSTS. If a legal action is commenced to enforce any of the provisions of this note, including, without limitation, any arbitration, mediation, or action in any court, including the prosecution or defense of any proceeding in bankruptcy court, the prevailing party shall be entitled to recover from the other party costs, disbursements and attorney fees incurred both at trial and on appeal. If the legal action results in a monetary judgment , injunction or other equitable relief, the prevailing party shall also be entitled to recover, in addition to prejudgment attorney fees, an amount sufficient to defray the expense of attorney fees and other costs and disbursements necessary for enforcement or collection of the judgment. As used in this section the term "costs" includes expenses for expert witness fees, pretrial and post-judgment discovery, title search and title insurance charges, and any other reasonable expenses, whether or not they would otherwise be.known as "costs and disbursements." PAGE 3- PROMISSORY NOTE (p:plannin9\afford.Not) 11. SEVERABILITY: GOVERNING LAW. If any provision of this note is or becomes inconsistent with any applicable present or future law, rule or regulation, such provision will be deemed rescinded or modified in order to comply with the relevant law rule or regulation, and all other provisions of this note shall continue in full force and effect. This note shall be governed by and interpreted under the laws of the State of Oregon. 12. NOTICES. Any notice required or permitted under this note shall be in writing sent postage prepaid, by certified U.S. mail, return receipt requested. Notices to me shall be sent to the home. Notices to the City shall be sent to City Hall. 13. PARAGRAPH HEADINGS. The paragraph headings in this note are used for convenience only and do not restrict the meanings of the paragraphs to which they refer. 14. NO WAIVER. Failure by the City to require strict performance of any term of this note, including the extension of any payment or acceptance of any part of a payment, shall not affect the City's rights or be considered a waiver by the City of the strict performance of all conditions of this note. No waiver by the City of any default shall be considered a waiver of any subsequent default or a waiver of this paragraph. EXECUTED this day of 1992. NOTICE TO BUYER: THIS DOCUMENT CONTAINS PROVISIONS RESTRICTING RESALES AND ASSUMPTIONS. Signature Signature Printed Name Printed Name PAGE 4- PROMISSORY NOTE (p:planning\afford.NOt) C I T Y O F A' S H L A N D - 1 I T Y H A L L qy ASHLAND,OREGON 97520 � '• - telephone(code 503)482-9211 24 August 1992 Mr. Eric Wallbank, President Ashland Community Food Stores 37 3rd St Ashland, OR 97520 Re: Modification of Easement Dear Eric: City Attorney, Paul Nolte has reviewed the modification of the easement form which you provided to me last month. He,feels that the intent and purpose of the document is clear and that this format will accomplish that which we wish it to do. However, the City's approval should be made by Mayor Cathy Golden and City Recorder Nan Franklin rather than by Brian Almquist. If you would please make this necessary adjustment and return an original document to me, I will schedule a hearing before the City Council as quickly as possible. Sincerely, James H. Olson Acting Public Works Director JHO:rs\.f..iw Enclosure cc: Brian Almquist Paul Nolte Steve Hall MODIFICATION OF EASEMENTS FOLLOWING IS an agreement to modify certain easements entered into this day of 1992 , by and between the City of Ashland, Oregon, a municipal corporation, hereinafter referred to as the "City" , and Ashland Community Food Store, Inc. , an Oregon corporation, hereinafter referred to as "ACFS" ; W I T N E S S E T H THAT WHEREAS, ACFS owns certain real property in Jackson County, Oregon, encumbered by certain utility easements as set forth in Document No. 81-21859 and 90-07425 of the Official Records of Jackson County, Oregon; AND WHEREAS, the City is the owner of said easements; AND WHEREAS, it is the mutual desire of the parties that the location of said easements should be modified for purposes of development of the servient�real property, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do hereby agree and bind themselves as follows: Effective with the execution -of--this-instrument,�.the t:= location of the easements identified in the documents referred to above shall be considered relocated to the strip described on Exhibit "A" attached. Except as expressly modified herein, said easements shall remain in full force and effect. This instrument was executed upon the authority of the Board of Directors of ACFS and the City Council of the City. ASHLAND COMMUNITY FOOD STORE, INC. By: Its President CITY OF ASHLAND By: CATHY GOLDEN, Mayor By: NAN FRANKLIN, City Recorder MODIFICATION OF EASEMENTS Page -1- STATE OF OREGON ) COUNTY OF JACKSON ) On this day of , 1992, personally appeared the above-named , President of Ashland Community Food Store, Inc. , and executed this instrument on behalf of and with authority of, its Board of Directors. Before me: Notary Public for Oregon ._ My Commission Expires: STATE OF OREGON ) COUNTY OF JACKSON ) On this day of 1992, personally ,appeared the above-named CATHY GOLDEN, Mayor of the City of Ashland, and executed this instrument on behalf of and with authority of the City of Ashland. Before me: Notary. Public for-.-Oregon.= - My Commission Expires: STATE OF OREGON ) § COUNTY OF JACKSON ) On this day of , 1992, personally appeared the above-named NAN FRANKLIN, City Recorder, and executed this instrument on behalf of and with authority of the City of Ashland. Before me: Notary Public for Oregon My Commission Expires: MODIFICATION OF EASEMENTS Page -2- An easement for construction and maintenance of public utilities , the location of said easement being described as follows : Commencing at the northeast corner of PARCEL NU. 3 of Minor Land Partition Plat recorded November 28 , 1990 , as Partition Plat No. P-138-1990 of "Record of Partition Plats" in Jackson County , Oregon, and filed as Survey No. 12304 in the Office of the Jackson County Surveyor; thence North 74' 08 ' 52" West along the northerly boundary of said PARCEL NO. 3 a distance of 127 . 64 feet to a point which bears North 23 ' 09 '13 East from an inside ell corner on the westerly boundary of said PARCEL NO. 3 ; thence South 23' 09 ' 13" West 70. 92 feet to said ell corner; thence along said westerly boundary South 23' 09113" West 120 . 10 feet to an angle point on said westerly boundary; thence South 66 ' 50 ' 47" East 4. 00 feet to an angle point on said westerly boundary ; thence South 23' 09 ' 12" West 10 . 54 feet; thence , leaving said westerly boundary, South 66 ' 53 ' 29" East 36 . 19 feet; thence North 23' 06 ' 31 " East 10 . 00 feet; thence North 66 ' 53 ' 29" West 25 . 18 feet; thence North 23' 09 ' 13" East, parallel with and 15 . 00 feet easterly of said westerly boundary and its northerly prolongation , 170.43 feet; thence North 36 ' 38 ' 41 " East 24 . 45 feet to the northerly boundary of said PARCEL NO. 3 ; thence North 74' 08 '52" West 20 . 87 feet to the poi.nt` of beginning . R E G I S T E R E 0 PROFESSIONAL LAND SURVEYOR O R E G O N JULY 11.1978 ROGER R. ROBERTS 1656 LANDMARK SURVEYING Public Utility Easement Ashland Community Foods May 13, 1992 [ASNCONM.�SC) e✓4 Gf ASIr,` , s ., . a _ � Qmorttn � um G4EGGa August 14, 1992 X110: Mayor and City Council >rOM: Ashland Historic Commission �UbjPCt- ADDITION TO ASHLAND HERITAGE LANDMARKS LIST In accordance with 15.04.120 (D) of the Ashland Municipal Code, the Historic Commission held a public hearing on August 5, 1992 to include four properties on the Ashland Heritage Landmarks List (Cultural Resource Inventory). Property owners were noticed 30 days in advance. Copies of the previous memo sent to you, the August 5' 1992 Historic Commission minutes, the notice mailed to the property owners and a letter received in response are included. The Commission respectfully requests the Council to set a public hearing to add these additions to the City of Ashland Heritage Landmarks List. Thank you. by the Council (but have owner sign in favor of improvements); 2) any addition to the existing house would have horizontal .siding (not vinyl or aluminum); 3) the owner trust Emerson's judgement on windows; and 4) the two large trees be saved and any other existing ones if possible. Dancer seconded the motion and it was unanimously passed. PUBLIC HEARING ASHLAND HERITAGE LANDMARKS LIST 550 East Main Street 568 East Main Street 586 East Main Street 598 East Main Street No one was present in the audience regarding this hearing. It was noted a letter had been received requesting deletion of 598 East Main Street from the list. The Commission felt, however, not enough evidence was submitted to warrant deletion. Bradshaw moved and Hook seconded to recommend Council add the four properties to the Ashland Heritage Landmarks List. The motion was unanimously passed. PA 92-089 Conditional Use Permit 128 Manzanita Street Bill and Henriette Brecheisen Cochran explained there are two existing structures on the property. The smaller one was built for the owner's office/shop space. Since it does not currently meet the habitable square footage requirement, an area behind the carport will be blocked off for extra storage space and garage. It will be necessary for the owners to sign an agreement stating that area will never be used as habitable space. A Minor Land Partition is not possible since there _ is not enough square footage. Hook said one of the positive aspects is that it increases affordable rentals. Johnson questioned the deed restriction. Cochran said it will go with the property. Bradshaw moved to recommend approval of this application with the qualifying factor the extra square footage be converted into garage space, and follow through with the deed restriction. Johnson seconded the motion and it passed unanimously. Ashland Historic Commission Minutes August 5, 1992 A Page 5 CITY OF ASHLAND " CITY HALL ASHLAND,OREGON 97520 telephone(code 503)192-3211 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Tuesday, October 6, 1992 at 7:30 p.m. in the Civic Center Council Chambers, 1175 E. Main St., regarding the inclusion of the following structures to the interim list of the Ashland Heritage Landmarks List: 550 East Main Street (ranked as secondary) e-w,,, 15zetuX 568 East Main Street (ranked as secondary) 586 East Main Street (ranked as secondary) _h8G f... /Yt . Sr 598 East Main Street (ranked as secondary) � .�9J f /nQ.cir The list and the ordinances implementing the list are in response to requirements of the State of Oregon for all cities to "Conserve open space and protect natural and scenic resources" as part of its Comprehensive Planning process. Included within these resources are Historic Areas (Oregon Statewide Planning Goals, Goal 5). The City of Ashland, through the implementation of the Comprehensive Plan, and specifically the City's Landmarks List, believes this is an opportunity to protect those historic resources which have resulted in much of the developed character of the City. Through the protection offered under this ordinance, future generations will have the opportunity to see and experience the development patterns of previous times. The main restriction associated with having your property on this list is that it cannot be moved or demolished without approval by the City Council. All other modifications, .expansions, restorations, additions, etc. are allowed as permitted under the City's Land Use Ordinance and Building Code. Such modifications do not require approval of the City Council but may require review by the Historic Commission and approval by the Planning Commission. Therefore, your inclusion on this list does not affect your property, except in your ability to move or demolish the primary structure. All other requirements associated with other modifications to the structure shall remain as they currently exist. However, should you decide that you would like to not have your property listed on the Ashland Heritage Landmarks List, you must follow the procedure as described in 15.04.210(D)(5), which is included with this notice. Copies of the interim list and criteria may be reviewed at the Department of Community Development, 20 East Main Street, on regular work days between the hours of 8:30 a.m. and 3:00 p.m. All interested. persons are invited to the public hearing to express their views on the proposal. /(., '/ E.W. BRADBURY 598 E. MAIN ST. ASHLAND, _OR. 97520 Re. ASHLAND HISTORICAL COMMISION I REQUEST DELETION OF HAVING IT LISTED. SEE SECTION 15. 04. 210 (D) (5) ?PROPERTY DOESNOT HAVE ANY HISTORICAL VALUE. 2. NOT CERTAIN OF THE EXACT AGE OF STRUCTURE. 3. PROPERTY ALSO LISTED AS SECONDARY. PLEASE REFER ENCLOSED DOCUMENTS , SINCERLY F W�BRADBURY • 1 0 George Kramer . Historic Preservation Consultant 386 North Laurel, Ashland, Oregon 97520 (503) 482-9504 SOME GENERAL COMMENTS ON THE McCALVS ADDITION AND THE EAST MAIN ADDITIONS TO THE ASHLAND CULTURAL INVENTORY The six properties included in this study, all located within the local Ashland Historic District,were not previously documented for inclusion during the Clay/Atwood Ashland Cultural Resource Inventory due to budget and time constraints. In May4une 1992 the Ashland historic Commission contracted to have them surveyed, evaluated and thereby complete the documentation of the historic district. The west side of the block of East Main Street between Lithia Way and Sherman Streets includes all of Lots 1-7 of the McCalls'S Addition to the City of Ashland, originally filed in June 1888 by Martin L. McCall. McCall was a prominent citizen of Ashland, arriving in 1866 following work on the survey of the O&C Railroad line through the Wilamette Valley. McCall served a number of terms as Ashland's surveyor: His wife, Aliena was the daughter of noted pioneer Jesse Applegate. Contrary to what might be a normal assumption, there is no indication whatsoever of any familial°relationship between the McCall's Addition and pioneer John McCall, still remembered by local residents because-of- his impressive Oak Street home. Following the completion of the north-south rail link in December 1887; Ashland was ripe for development;the.6 acre addition to the city that McCall filed was one of 10 additions to Ashland platted in 1888. Martin McCall died on' 19-May4895 and three years later Aliens sold most of the southern portion of the addition, including Lot 7 of the study area, to the Ashland Building and Loan Association. Lots 1-6 were deeded over to the McCall's son,Jesse A. who had followed in his father's profession and was then serving as Ashland's surveyor. The north, wedge-shaped, portion of the McCall's addition was prominently sited at the intersection of East Main, the major thoroughfare into town, and "The Boulevard" the recently laid out broad avenue that extended south of the.city.':In the I 890 local contractor Baldwin Beach built the steepled Congregational Church at the comer itself, and the building was a local landmark until its demolition in 1926. The manse associated with the church, located immediately south [on the E. portion of Lot 2] was also, apparently razed at this time. The church site, first used for a small service station,was soon occupied by Steve Zarka's garage. This building in turn was remodeled into the Present fire station. Other buildings once located in the study area include the "Temple of Truth" built c. 1910, which was constructed along Siskiyou [where Blue Mountain Cafe is today]. This impressive stone structure was later known by a variety of names including • 1 City of Ashland East Main Survey 6/92 the Ashland Four Square Lighthouse [1928], Ashland New Thought Society [1934] and the Assembly of God Church [c. 1950s-],. which apparently remained in the building until its demolition. A two-story frame apartment building, built c.1920 and located on the W. portion of Lot 4, was condemned and demolished in the late-1980s. The site today remains vacant. The social history of the six dwellings on East Main between Lithia Way and Sherman presents some rather intriguing problems and greatly complicates an understanding of the study area. Following the major transfer from Aliens.McCall to her son, a relatively large number of individuals, some of whom resided in the buildings and others who did not continually appear and reappear in the many deeds and mortgages that concern the area. This ever-present buying, dividing, selling, redividing and reselling of the original seven lots [in at least one instance four separate transfers of various portions of the same two lots occurred between three separate individuals within a two day period] is further complicated by the vacation of one street and the original series of alleys that were contained in the original plat of the addition. Various residents resided in one structure, owned and rented another, or moved from house to house within the study area. Finally, two long-time residents,upon the deaths of their respective spouses; married each other and retained ownership of all the properties they had.previously held.. None of the surviving buildings of the East Main study area represent landmark structures within the Ashland context. Collectively,they remain a relatively intact early 20th-century streetscape,an area that once served as a major entry:point into the downtown business district. Future development that maintains that sense should be encouraged whenever possible. Prepared by: George Kramer 'storic Preservation Consultant for the Ashland Historic Commission 1-June-1992 ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY: JACKSON IDENTIFICATION: Hist . Name Jesse A. McCall House Date of Construction: c. 1890/1902 Common Name: Studio 55 Original Use: Residence Address : f,550 East Main Street Present Use: Commerical Ashland, Oregon Architect: Owner: Littlefield , Sandra et alBuilder: 670 Glenwood Drive Style: . Vernacular Ashland , Oregon 97520 X Bldg. Struc. _Dist . Obj . T/R/S: 39S R1E 9 Ranking: Secondary Map No: 9AC Tax Lot : 14900 Addition: McCall ' s Block: _ Lot : p,2&3Quad: Ashland THEME: Statewide Inventory of His toric• Properties Theme: _Archaeology Industry _Mining _Agriculture _Military _Social/Education Commerce —Politics/Government—Transportation _Exploration and Settlement _Religion _Other DESCRIPTION: Plan Type/Shape: L-Shaped Nb. of Sto'ries .r.Two --t---_-"r Foundation Material: Concrete Basement(Y/N) : Yes Roof Form and Material: Gable with hipped and shed additions; *Comp. S ingle Wall Construction: Wood Structural 'Frame: rame Primary Window Type: One-over-One double hung wood sash Exterior. Surfacing Materials: Asbestoes. shingles Decorative Features: Porch posts and brackets, orial win ow on S. Other: Early concrete retaining wall along E. Main sidewalk Condition: _Excellent X_Good _Fair Poor _Moved(Date) Exterior A] terations/Additions (Dated ) Porch, 2-story wing to N. and one-story rear addns added to .orig. volume by 1911, c. 1920s garage razed Noteworthy Landscape Features : (n.d. Associated Structures: Known Archaeological Features: Negative No: 92-1-31 Recorded By: George Kramer Slide No: 91-01 Date: 1-June-1992 SHPO Inventory No: Jesse A. McCall Rse, 550 East Main SETTING: This vernacular style two-story dwelling is located on the west side of East Main Street just south of its intersection with Lithia Way and Siskiyou Boulevard. SIGNIFICANCE: The main portion of this dwelling dates at least as early as October 1890 according to Sanborn Fire Insurance maps. In July i902 the Ashland Tidings reported that "Jesse McCall [is building] an attractive dwelling on E. Main Street at a cost of about $1500. " Likely this refers to additional remodeling or major addition to the subject structure. Susequent additions to the rear occurred prior to 1911. Jesse A. McCall, son of Martin L. McCall, the original developer of the McCall Addition, is documented as living "on E. Main at the head of 4th Street" by 1906 and likely had resided in this location for many years prior. McCall was then serving as the Acting City Engineer of Ashland and had been Ashland's surveyor, a position his father had held as far back as the 1870s, on and off for at least 15 years. McCall shared the subject house with Lillian McCall, probably his sister, who was employed as a music teacher and his widowed mother, Aliens McCall, a daughter of .noted pioneer Jesse Applegate. By 1907, Jesse [who presumably.-was named-after his famous maternal grandfather] and his wife Orliena..Mccall_were-_i.n-_.� —_ the process of being divorced. Probably as a part of the settlement, McCall sold the house in September of that year to Charles Rose who maintained it as a rental until 1923. Jesse McCall apparently left Ashland for Nevada and no further information regarding his activities are known. A series of intermediate ownerships ended with the purchase of the dwelling by George L. and Sarah E. Cary who lived here until the late 1940s. The building was converted to its present commercial use in the 1970s. SOURCES CONSULTED: Ashland Tidings, 12-July-1902 3:3. U.S. Federal Census (Jackson County) 1900, 1910 Polk City Directories, 1906-1966 Pacific Bell Telephone Directories, 1922-1930 Sanborn Fire Insurance Maps, 1890, 1898, 1907, 1911, 1928, 1949, 1961 ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM Name: Jesse A. McCall House T/R/S: 39S R1E 9 Address: 550 East Main Street Map No: 9AC Tax Lot: 14900 Ashland, Oregon 97520 Quadrangle: Ashland (1937T - 'a : r .!7Y�A •• 92-1-31 .92-01 :. .- Negative No. : Slide No*. i Nox M7g0 142D0 1 I § • 8 6'. T of I P118 S 1 0 i ram• w #4 Graphic and Photo Sources: City. of Ashland Topographic Map; . Jackson County Assessor flap SHPO Inventory No. : ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY: JACKSON IDENTIFICATION: (list . Name Chas. &Laura Rose Hse Date of Construction: pre-June 1907 Common Name: Clark Cottage Original Use: Residence Address: 568 East Main Present Use: Restauran Commerica Ashland, Oregon Architect : F. Clark Owner: McMillian, Glenn Jr. Builder: 416 Libert y St Style: Bunga ow Cra sman Ashland, Oregon 9752 x Bldg. Struc. _Dist. Obj . T/R/S: 39S R1E 9 Ranking: Secondary -Map No: 9AC Tax Lot: 14803 Addition: McCall' s Block: . Lot : 4 ,p3 Quad: Ashland THEME: Statewide Inventory of Historic- Properties Theme: _Archaeology Industry Mining — 4 _Agriculture _Military _Social/Education X Commerce _Politics/Government_Transportation _Exploration and Settlement _Religion Other LAN DESCRIPTION: Plan Type/Shape: Rectangular No. of Stories: One Foundation Material: Wood & concrete Basement(Y/N) : drawl Space Roof Form and Material: Hip; wood shingle Wall Construction: wood Structural Frame: rame Primary Window Type: One-over-One double ung wood. sash Exterior. Surfacing Materials: Wood shingles, orizon a ou a rop Decorative Features: Arcnea porched area, stucco panels on pos s, owed window on S. , diamon_ff_-17�gEf windows on main elevation, eco ra er tails Other: Rear patio area with concrete hearth Condition : _Excellent _Good _ Fair Poor _Moved(Date) Exterior Alterations/Additions (Dated ) Substantial rennovation 1992, front yard garden, rear and side walls/fences aclaea. CoUblestone fr-o-n-E--wa-11 Noteworthy Landscape Features: Associated Structures: Known Archaeological Features: Negative No: 92-1-28 Recorded By: George Kramer Slide No: 92-02 Date: 1-June-1 92 SHPO Inventory No: Charle and Laura Rose Hse, 568 East Main SETTING: This bungalow/craftsman style dwelling is located on the west side of East Main Street just south of the intersection on 4th Street. SIGNIFICANCE: Attributed to local architect Frank Chamberlain Clark and known locally as "Clark Cottage" after a 1980s-era commercial use, this building is most associated with early Ashland shopkeeper Charles Rose, co-owner 'of Rose Brothers Confectioners. Rose, born in 1874, arrived in Ashland with his parents in 1893. With a brother, Rose operated the confectionary store for over 20 years. He died at age 82 in San Jose, California on 8-February-1967. Rose bought the subject parcel from Jesse A. McCall in September 1907. Although it has long been assumed that Rose then commissioned architect Clark to. design the dwelling in anticipation of Rose's upcoming marriage to Laura Ellis of Cave County, Kentucky, Sanborn Fire Insurance maps show the dwelling in existence prior to June 1907, a time when McCall still retained ownership. It at least possible that it is this dwelling referred to in the Tidings article of 1902 regarding McCall's "attractive dwelling._" [See form for 550 East Main Street] . Charles and Laura Rose retained :ownership: of the property until the mid-1920s although by 1923 Osmer.,W. Long,__ a__con_ductor__for the Southern Pacific Railroad was living here with his 'wife Eliza. Following Eliza's death Long married his neighbor, the former Minda DeWitt, Minds. Long would remain at 568 until her own death in the late 1960s. In 1981 the property was converted to restaurant use by Vern Weiss and christened "Clark Cottage" after its architect. Shostrom Brothers were the contractors.. At this writing a major remodeling, including extensive alteration to the exterior patio at the rear and the installation of a raised bed garden along East Main street are underway. SOURCES CONSULTED: Frank Chamberlain C1ark. Inventory, 1982 [Site 8119] Medford Mail Tribune, 30-November-1981 B:1 Ashland Daily Tidings, 13-February-1967 [Rose Obituary] Jackson County Deed Records, 61:111, 336:160-61' Polk City Directories, 1906-1966 Pacific Bell Telephone Directories, 1922-1930 Sanborn Fire Insurance Maps, 1890, 1898, 1907, 1911, 1928, 1949, 1961 ASHLAND CULTURAL `RESOURCE INVENTORY SURVEY FORM Name: Charles . &.-Laura Rose House T/R/S: 39S R1E 9 Address: 568 East Main Street Map No: 9AC Tax Lot : 14803 Ashland, Oregon 97520 Quadrangle. -Ashland (I533r- 1 i { Negative No,* : 92-1-28 Slide -No. d ""92=02:- r- - p : . ..• .oe 6 • 4r VC X lV:I Graphic and Photo Sources: City of Ashland Topographic Map; Jackson County Assessor ap SHPO Inventory No. : ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY: JACKSON IDENTIFICATION: Joseph T. Currie Hist . Name Boarding House Date of Construction: C. 1908 Common Name: Edinburgh Lodge Original Use: Residential Mu ip e Address: 586 East Main Street Present Use: Bed & Breakfast Ashland. Oregon Architect : Owner: Lewis , Floyd G. & Bunny D. Builder: 586 East Main - Style: Vernacular Ashland. Oreaon 97520 x Bldg. _Struc. _Dist. Obj . T/R/S: 39S R1E 9 Ranking: Secondary Map No: qAr _ Tax Lot: 14802 Addition: _Mrrall 's Block: .— Lot : _Quad: Ashland THEME: Statewide Inventory of Historic- Properties Theme: _Archaeology _Industry Mining _Agriculture _Military —Social/Education X Commerce —Politics/Government—Transportation _Exploration and Settlement _Religion Other DESCRIPTION: Plan Type/Shape: Rectangular: No: of Stories_ .— Two.= --: Foundation Material: Concrete Blk Basement(Y/N) : CrawTSpac Roof Form and Material: Hip, with intersect gables Wall Construction: Wood Structural Frame: lt. Frame Primary Window Type: One-over-One double-hung wood sash Exterior. Surfacing Materials: Horizontal wood Decorative Features: Corner boards , wide plain board frieze, hipped front porch, decorative front door, enclosed "returns" at eave Other: SONS Marker, "J.T. Currie Boarding House, 1908" Condition: X_Excellent _Good _Fair _ Poor —Moved(Date ) Exterior A] terat ions/Additions (Dated ) Rear additions, porch (pre-1928 ) , rear hipped-roof addition on cone. slab - Notewo.rthy Landscape Features: Associated Structures: Known Archaeological Features: Negative No: 92-1-24 Recorded By: George Kramer Slide No: 92-04 Date: 1-June.T 1992 SHPO Inventory No: Joseph Currie Boarding House, 586 East Main SETTING: This vernacular style two story dwelling is located mid-block on the west side of East Main Street between its intersection with Lithia Way and Siskiyou Boulevard to the north and Sherman Street to the south. SIGNIFICANCE: In June 1908 the Ashland Daily Tidings reported that "Jos. Curry [sic] is building a large modern house of nine rooms on lots on East Main Street in the Congregational Church block." Currie, who had interests in gold mining and prospecting in Jackson County and northern California, ran a boarding house at the site for many years. Margaret Thom, apparently Currie's sister, managed the house in Currie's absence and by 1910 a variety of laborers, nurses, and others were listed as occupants. Thom, a "hospital matron" at the Southern Oregon Hospital, reportedly permitted the structure to be used as a temporary hospital following the devastating fire of the Southern Oregon Hospital in 1909. In 1923 Currie sold the property to William and Minda DeWitt who resided here but continued to rent out rooms to others. Following William's death, and Kinds's subsequent remarriage to Osmer Long, [See form for 568 East Main] the property remained in use as a boarding house under the management"`of; Mrs. Nellie-F:_Henson. During the 1950s the property was used.:as a single_, amily. re still under the ownership of Mrs. Long. In 1965-Long sold the property to a Robert M. Hendrix, a long-time tenant, who resided there until 1981. At that time the house was sold to Lawrence and Lynda Thirwall. The Thirwall's undertook substantial renovation, including the large addition to the rear, and converted the house into the Edinburgh Lodge, a bed & breakfast usage which, under different ownership, continues. SOURCES CONSULTED: Ashland Daily Tidings 27-August-1908. U.S. Federal .Census (Jackson County) 1900, 1910 Polk City Directories, 1906-1966 Pacific Bell Telephone Directories, 1922-1930 Sanborn Fire Insurance Maps, 1890, 1898, 1907, 1911, 1928, 1949, 1961 [Thirwall, . Lawrence] , Application for SONS Marker, c.1981 Southern Oregon Historical Society Collection, MS 456. e Y' 11 � Yk s LIM ^ h- -� u ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY: JACKSON IDENTIFICATION: Hi.st . Name Unknown House Date of Construction: c. 1920 Common Name : Original Use- Residence Address : 598 East Main Present Use: Residence Ashland, Oregon Architect: Owner: Bradbury, E.W. Builder: 598 East Main Style: Bungalow Ashland, Oregon X Bldg. _Struc. _Dist. Obj . T/R/S: 39S R1E 9 Ranking: Map No: 9AC Tax Lot: 14300 Addition: McCall 's Block: Lot : --- Quad: Ashland THEME: Statewide Inventory of Historic- Properties Theme: _Archaeology _Industry _Mining _Agriculture _Military —Social/Education x Commerce —Politics/Government—Transportation Exploration and Settlement Religion Other DESCRIPTION: Plan Type/Shape: Rectangular No: -of Sto :ries ` -One "T Foundation Material: oncr Basement(Y/N) : Crawl Space Roof Form and Material: Gable; Comp. Shingle Wall Construction: Wood Structural Frame:Lt. FrFime Primary Window Type: One-over-One Double Hunge wood sash Exterior. Surfacing 'Materials: Horizontal double-drop Decorative features: Massive porch posts , exten a ,: s eppe , beam ends Other: Condition : _Excellent X—Good _Fair Poor —Moved(Date) Exterior Alterations/Additions (Dated ) Noteworthy t,andscape Features. Associated Structures: Gable garage to rear with later shed-roof addition Known Archaeological Features: Negative No: 92-1-23 Recorded By: George Kramer Slide No: - Date: 1-June-1992 SHPO Inventory No: Unknown House, 598 East Main SETTING: This one-story bungalow style dwelling is located mid-block on the west side of East Main Street one structure north of the intersection of East Main and Sherman Sherman Streets. SIGNIFICANCE: In the original plat of the McCall's addition, the parcel associated with the subject dwelling was designated as a roadway, in line with 5th Street to the east. In -1901, in connection with the construction of East Side School (located where Safeway is now] the Ashland City Council vacated the street in exchange for a widening of the right-of-way along modern Sherman Street. By 1907 a small single-story structure is shown at the site. Sometime before August 1928 the present structure was built. to replace the earlier building, possibly as the result of a fire. Social history during the historic period is only sketchy. Ezekiel Sutherland, a retired widower lived in the earlier dwelling from prior to 1906 through the early teens with his sons, C.A. and George, each of whom listed his occupation as "street laborer. " Sutherland however is not listed as a property owner for that year and likely simply rented the dwelling. As early as 1890 an "Ezekial Sutherland" was ranching on a large tract along Emigrant Creek and he may have retired here following the death of his wife. By 1937 the house,, now the subject bungalow structure, was the- fiome ? r , of Chester A. Roberts, also a laborer. No deeds of transfer prior to the house's sale from Elizabeth Morrison to C.O. Sears in 1941 were located for this study. SOURCES CONSULTED: City of Ashland Ordinance No. 209, 3-July-1901, pg. 108. Jackson County Deeds, 229:256. U.S. Federal Census (Jackson County) 1900, 1910 Polk City Directories, 1906-1966 Pacific Bell Telephone Directories, 1922-1930 Sanborn Fire Insurance Maps, 1890, 1898, 1907, 1911, 1928, 1949, 1961 ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM Name: Unknown House T/R/S: 39S R1E 9 Address: 598 East Main Map No: 9AC Tax Lot : 14300 Ashland, Oregon 97520 Quadrangle: Ashland (rgS-JT- mss, a tt- Negative No. : 92-1-23 Slide . No._: . _92-05: .- 1 , 4 ,. � W, T Cl T! �• M �/ .. Ali S �.1 r- Is 5 Graphic and Photo Sources: City of A;2and Topographic Map; Jackson County Assessor i4ap SHPO Inventory No. : THE CH"BEk OF MEDFORD/JACKSON COUNTY September 10, 1992 Cathy Golden City of Ashland 20 E Main Ashland OR 97520 Dear Mayor Golden, The Chamber of Medford/Jackson County needs your help this November in opposing Ballot Measure 7, the Split Roll Property Tax. The Chamber is looking for support from public agencies that recognize the harm this initiative could cause the Rogue Valley. The measure would circumvent the intentions of Ballot Measure 5 by setting a business property tax rate at $30 per $1,000 immediately, while owner-occupied dwellings continue to decline to $15 per $1, 000 over five years. The Split Roll will double the property tax rate on businesses and all other non owner-occupied property, including apartments, rentals, vacation homes, and farm and forest lands. Oregon would have one of the highest business property taxes in the country. This would add -to the financial burdens of our existing • businesses while discouraging _:expansion_-=.:and°-ems=- location to Jackson County. In addition to these concerns, the implementation of Measure 7 would raise more than $850 million per year, none of which is dedicated to schools.. All monies received would go into the state general fund, rather than being dedicated to local school property tax relief. I 'm sure you can recognize the damage such a measure would do to the economic future in Jackson County. We encourage you to join with The Chamber in publicly opposing Measure 7. Please send us a copy of your resolution of opposition as soon as possible. We look forward to your support opposing Measure 7. Sincerely, Mary Foster, President LEN YE1N5 w ALCPEDIT ED 304 SOUTH CENTRAL/MEDFORD,OREGON 97501 /(503)779,4847(HUGS)/FAX(503)7764808 ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONERS: 'y+. 'f, KENNETH J. MICKELSEN PATRICIA ADAMS Director ALLEN A.ALSING "- TERI COPPEDGE p'• THOMAS W. PYLE *too WES L. REYNOLDS i iLi_iVRLii\LVl'1 TO : Mayor Golden and City Councilors FROM : Ashland Parks and Recreation Commission DATE : September 3 , 1992 SUBJECT: Recommendation concerning donation of land for Open Space The Ashland Parks and Recreation =Commission=recommends to the Council the acceptance of. the fol-l-owing. :p.roperty Ahat- isibeitr-f-.- donated by a family to Ashland's Open Space/Park Program. The three quarter acre piece of property is located between the Ditch Road and Grandview Drive on the east slop of the hill that overlooks the Plaza . The zoning on this parcel would allow for development . By including the property in the Open Space/Park Program the community would benefit by preserving a section of the east slope forest interface. The family that is donating the property wishes to remain anonymous . I,OPEM�MEMOS,92 Home of Famous Lithia Park Fatt N.-r,3­8ARGAIN AND WE DEL(IRA.4. 01 CW_11110 1-6—AS LAW P-1-15"ING Ca..PORTLAND.DR NE BARGAIN AND SALE DIED KNOW ALL MEN BY THESE PRESENTS, That..... ....... ..... ....... ......... ........................................ hereinafter called grantor for the consideration hereinafter stated,does hereby grant,bargain, sell and convey unto, ......... ............City , ...of.AS.h land,_Oregon... ........................... .................. .................... hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining,situated in the County of ...tlackspn.. .... ..........State of Oregon,described as follows, to-wit: See Exhibit "A" attached hereto. Subject to the following: 1. No improvements, structures, signs (other than signs appropriate for park management not to exceed two square feet) or other man—made objects may be placed II upon the property. 2. No living trees may be cut or removed from the property, II except where such trees endanger public safety, are diseased, or must be removed for fire safety reasons. 3. The foregoing restrictions shall be enforceable by Grantors, their heirs, assigns and successors in interest for the beneift of Grantors' adjoining real property and by the City of Ashland for the benefit of the people of the City of Ashland, Oregon. 4. In addition to all other remedies provided by law, if- any of the foregoing restrictions is violated by Grantee or grantee's employees, agents or assigns, then the real property conveyed hereby shall revert to Grantors and their heirs. JIF SPROE INSUFFICIENT. CONTINUE DEWRIPTION ON REVERSE SIDIJ To Have and to Hold the mine unto the said grantee and grantee's heirs,SUCCE33013 and assigns forever. The true and =fuel consideration paid for this transfer,stated in terms of dollars,is$.....None.............. WHowever, the actual consideration consists of or includes other property or value given or promised which is 'hs=considerisfion(indic ta-which).O(Thftft.Wt...eM.y.,bol.4Ditme pli.blo,ahmldbodoloted.S"ORS93.030.). In construing this dead and where the context RES requires, the singular includes the plural and all grammatical changes shelf be implied to make the provisions hereof apply equally to corgorationi,and(0 individuals. In Witness Whereof,the grantor has executed this instrument day of......J.W.k.V.P.............. if a Corporate grantor,it has caused its nami to bifaitied and its Deal affixed by en officer or other person duly author- ized to do RED by order of its board.pt directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPER" DE• SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND ..........................4............... USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE ...... ..........A......................_................. PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. . ........ II STATE OF OREGON,County of.....kT.4Q.X5_QX1...............................)S3. This instrument was acknowledged before me on..... .........L?........19....9.2 Y:... ................... ......................................... ................. ........................................ is instrument was acknowledged before me on....................................................A 19........, . . ....................... ......................................................................................................................... 0 ....... ..................................................................................... II ............. ............................ I.................................................................... Notary....u .........*------ My comm t6VO'p, � commission expires..... .....................Q............................ .. .......... .......... STATE OF OREGON,..............- Countyot.............. ........................ ....T.R R A..A.?.A.. Is. I certify that the within instru- City of Ashland ment was received for record on the City Hall ..........day of..................................19......., Ashland,.­..O.R.._97520.­ .................... ....... .............. at...............:o'clock......M.,and recorded osnnrcu..DR..ono. ..Il. ........Is. in book/reel/volume No........_.............on All ,NNa4p N 11 ADD Ashland ,Parks Department.... page.....................or 83 feellilelinsirt, mentlinicrotilmIrecaption No...*.............. 340 South Pioneer Record of Deeds of said county. II Ashland,. OR 97520 Wifmss, my hand and met of RAN., County affixed. W111.daRap.k nqDWARd.11 1.OR;411.wIM"I... Ashland Parks Depa tinept .............I.IL[ _......• 3*40 South Pioneer -1, . A.r T KEIhalfid .1 ­ ­2 -1.�.......... .......... Deputy 9 7 5 0 .*.**...... By.................................................... Order No. 705219-EZ Exhibit 'A' Commencing at a found 2" iron pipe situated at the accepted east-sixteenth section corner common to Sections 5 and 8 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 89°42158" West, along the section line common to said Sections 5 and 8, a distance of 233.38 feet to a 3/4" iron pipe situated in the Southwesterly right of way line of Grandview Drive, as set forth on that Road Plat drawn by F. Walker, Ashland City Engineer, and approved by the Common Council of the City of Ashland, for the true point of beginning; thence North 49 035122" West (Plat Record North 49°56' West) , along the Southwesterly right of way. line of said Grandview Drive, for a distance of 279.19 feet to a 3/4" x 24" iron pipe; thence continuing, along said Southwesterly right of way line, North 27°05122" West (Plat Record North 27 026' West) , for a distance of 162.44 feet to a 3/4" x 24" iron pipe situated in the Southerly right of way line of an alley situated in the WOOLENS ADDITION to the City of Ashland, Jackson County, Oregon, according to the Official Plat thereof, now of record; thence, leaving said Southwesterly right of way line, North 89°48114" West, along the Southerly right of way line of said alley (Plat Record West) , for a distance of 59.70 feet to a 3/4" x 24" iron pipe situated at the intersection of said Southerly right of way line with the Northeasterly right of way line of Ditch Road, as set forth in Volume 109, Page 153-4 of the Deed Records of. Jackson County, Oregon; thence, leaving the Southerly right of. way _line of said alley, South 21 005 '00" East (deed record ' North 210051 - ' West) , along- the Northeasterly right of way line-of Ditch-Road,- for a�dtstance`df�- 184:77 feet to a 3/4" x 24" iron pipe; thence, continuing along said right of way line, South 35 027100" East (deed record North 35°27' West) , for a distance of 160.36 feet to a 3/4" x 24" iron pipe; thence, along said road right of way line, South 41°11 '00" East (deed record North 41 011 ' West) for a distance of 29.16 feet to a found 5/8" iron rod situated in the section line common to said Sections 5 and 8; thence, leaving said road right of way line, South 89°42158" East, along said common section line, for a distance of 158.27 feet to a found 5/8" iron rod; thence continuing South 89 042158" East, along said section line, for a distance of 9.31 feet to the point of beginning. October 2, 1992 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - September 1992 The following is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1992. I. PRINCIPAL ACTIVITIES: 1. Met with Lance Pugh, Sue Hart and Ken Mickelson to discuss feasibility of city managing main hall in Old Ashland Armory. 2. Met with Talent City Administrator Tony Paxton and Councilman Jim Walker to discuss their request for purchasing the WWTP discharge water. 3 . Attended 5-day International_C ty Management Association annual conference in Lake Tahoe/Reno. Received my- 3.5--year _ certificate for service to lacal government: 4. Met with Lee Clinton of Laborers union to finalize language for new 3-year contract. 5. Met with Bob Laffel and Lou Dreissen of B.P.A. to discuss Council hearing regarding siting of Electric Substation. 6. Met with Interim Airport Manager Greg Reeser to review financial progress at the airport. 7. Attended monthly meeting of Ashland Airport Commission to discuss budget issues and strategy for securing new FBO. 8. Met with subcommittee of Airport Commission to modify Request for Proposals for new FBO. 9. Met with Mayoral candidate Jim Sims to answer his questions about Sewage Treatment Plant alternatives. 10. Met with Dick Hicks, board member of Mt.Ashland Assn. and City Attorney Paul Nolte to discuss several requested modifications to lease agreement. Paul will prepare draft, and after review by Hicks will present to Council on October 20. 11. Attended meeting of Sister City Committee's French subcommittee to discuss progress toward formal relationship with Sarlat. 12 . Met on several occasions with department heads to review progress on budget presentations scheduled for October. 13. Met with Conservation Manager Wandersheid and Director Fregonese to discuss major expansion of commercial and residential weatherization programs with BPA. Dick will make a presentation to Council on October 20. 14 . Met with City Attorney Nolte and City Engineer Olson to discuss proposed major L.I.D. for sewers on North Mountain Avenue, and request by property owner for modification of sewer ordinance. 15. Attended committee meeting of League of Oregon Cities in Salem to discuss changes to franchise laws being proposed by others. 16. Participated in depositions regarding Thormahlen lawsuit filed in Federal Court. 17. I actually managed to get in a 3-day vacation ! STATUS OF VARIOUS CITY PROJECTS: '— 1. Electric Substation. BPA has selected- the site on the North side of the RR tracks, East of Mountain Avenue, owned by Jessie Hodgins. Presuming they will be able to complete the land acquisition in the next few months, they are still projecting that construction will be completed in late Spring. They will provide a temporary mobile transformer to meet this Winter's load. 2. Downtown Project. Completed, except for remaining island for Holiday Tree in front of City Hall. Work should begin in mid-October and take about thirty days. . 3. Northwest Water Project. Construction of the pipeline is about 50% complete and should be finished in about one month. Plans and Specs for the reservoir on Hitt Road are underway. 4. open Space Program. I will continue my meetings with the LWV in an attempt to reach a compromise. The next meeting with the LWV is set for November 9. 5. Hersey Street Paving. Completed. 6. Digester Roof. Construction should begin within the next two weeks. While the digester is down, we will have to haul a greater quantity of sludge. However, if the weather stays dry, we . should not have any problems. 7. Tolman Traffic Signal. Although the bid has been awarded, the light will probably not be completed until some time in March. III. STATUS OF COUNCIL GOALS: A quarterly report will be ready for the October 20 Council meeting. n B ian L. Almqu'st City Administr to BA:ba ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15.04.010, 15.04.020, 15.04.030, 15.04.090, 15.04.200, 15.04.205 AND REPEALING SECTIONS 15.04.025, 15.04.050, 15.04.060, 15.04.070, 15.04.110 AND 15.04.185,E OF THE ASHLAND MUNICIPAL CODE RELATING TO BUILDING AND OTHER SPECIALTY CODES AND ADDING SECTION 15.04.250 RELATING TO NOTICES OF NON COMPLIANCE FOR BUILDINGS AND OCCUPANCIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: (Words lined threugh are deleted and Ah words are added. SECTION 1. Section 15. 04. 010 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 010 Code Adoption. In additie n to eemplianee with this and ether er-dinanees e€ the Gity, building and related ruetu -- -_------1 and Fire and Life ..__e_, Gede (1 987 . Uniferm Building Gede with Oregen Amendments) , and with the State meehanieal Speeialty Gede and Fire and Life Safety with the State Plumbing Speeialty Gede (1987 Uniform Plumbing Gede with Oregen Amendments) and with the State €leetr€eal-6peeialty Gede (1987 Natienal Hleetiieal Gene dT3}<" 'I;hi'. dl awa ng CiatiES art ac r iced psit eaf th15•'Chap: eY.' 8Tf( 8re forth @rE3ferred © i� t1Y15 .�.'�I,i�Y�33... 'rah specty cocee'f. 2 O egtin 1 90 Structural Specialty code a finId In �xec�?ri AS�Ah�111f�trcC�i'Ye Rule X18=46C� 0�€1. Argon Sa�elutnbing,, Specialty C( cie as �nlnsc Yx eg n Admt�lsbra��.'�t'� Rine �18�-35Q Ls !.E�t 3 i99raxtsn Mechanlc7 Specialty `code as' d�rfined iri egahssami aast3i Rule 9�a-44U a e. 4 Oregon t99t} lne; and 'i'wA F8m11y DwE<llanc a ialpucty 00: .es defitedn ceean Adtt�iizxt RLe X18»48t1SD. " ,5 lsl'�ctrlc�l�Speelalty �odeyas"deginedrih O�ec�ry zldmlSiffita�U Rule 3?8 29Q a7fl. B Ttfe Fo13 eswl n codes are ad©pter2 a a +art ©F 3 s C Sapke C pt thdB pakCltTrily etf t eae #fides ttHO CC1i�I i� with. ar a�e(rQ�ia�ys+�tYyi_e ysypecsayLty y�odeys�y y.j y+a A�y'j µ�y yj, 'a�. 41-,�e 0.ir :�r a ' .. Hang rc us Hulldings," as publ lstied" the tnternat3.... d e �ttc f Bct3 d o t a �also eapy a Wb", h a.s xx we �zith the 'S� ldlnq t3ffic�al .� . 191 edltaaat� of the i3ifOYmSwitnmyYsc� Poa�, 5p� �t�( Hot ' ctb Code, as publashed by the Tnernalonal Cctnferen of EilfiidlllcJ f1f��.C1&1st ac�py cif wlhich oh fart�zx tie $ulldiTlL, ir�1C"U., 3 Ch�ptQx 7p of the App�t�dSac txf kh� 2�s&°ec�itian of the ifnlf�srmBu12d3nc,� Carlef as �;ublis�ed bar the �nternationaY PAGE 1-ORDINANCE (p:ord\bd-noncm.drf) w�.th: the Bua.lda,ng Off�ca ;. SECTION 2 . Section 15. 04 .020 of the Ashland Municipal Code is amended in its entirety to read as follows: 15.04. 020 City Code Administration. The City shall provide for the administration of a plan checking, permit and inspection program for structural, mechanical an plumbing work, - electrical work. This City program is applicable to public building, including state building, as well as private building. SECTION 2 . Section 15. 04 .030 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 030 Buildings Official Designated. The City Administrator shall designate a City employee to carry out the functions and duties of the Building Official as described in the t reg 3Ytzt 19 #1 Stuctul Spc� lty Gt)de stake Gede, unless such ifidiv'iduaI is a department"'head, in `which case such designation shall be by the Mayor with confirmation by the City Council. Such person shall be state certified as a Building Official in all the speeia'-`='_`_1 codes administered by the J t ad-ft i- by M Chiafr ,"': and may delegate portions of responsibility 'as"may` be deemed necessary. Designation by the City Administrator of the Building Official shall be done in writing in a document filed with the City Recorder. SECTION 3 . Section 15.04. 090 of the Ashland Municipal Code is Amended in its entirety to read as follows: 15. 04. 090 Building Permits Generally. Building permits shall be obtained as required by the Pte Gede It General . Codes. General contractors .shall obtain all permits for a ................... given job at one time. No building permit that would result in the construction of new structures, or the enlargement or change in use of existing structures shall be issued prior to the presentation of a zoning permit to the Building Official by the applicant. Such zoning permit shall be issued by the Planning Director, or a designee, and shall verify that the contemplated project is in accord with all applicable zoning and planning regulations. It shall also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any other planning and zoning related conditions to be enforced by the Building Official. The issuance and continued validity of any building permit issued by the City of Ashland shall be contingent on compliance by the applicant with all applicable city, county, state, or other regulations. On properties or in areas designated to be of significant historical value or interest applications for building PAGE 2-ORDINANCE (p:ord\bd-noncm.drt) permits, not requiring review by the Planning Commission pursuant to Title 18 of the Municipal Code, shall be referred to the Ashland Historic Commission for review and recommendations, who shall have a period of time not to exceed seven {7} days to complete such review and recommendations. SECTION 4 . Section 15. 04 .200 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 200 Board of Appeals. _ e_ _rr_________ in this ___, , subseetien e - 'gjpt ll 2p?� i )E'CT #� tl i�7x1 `1 913 H T iL" [IY ' Sp 3,U bode and 806VIan. 20T(to:_ £ 1584 OrecJ it MsCh niG�l' 1 Specaltyr�d are rep laced°cdih the "following: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of standards applicable to building and related activities administered through this city, there is created a Board of Appeals consisting of five voting members who are qualified by experience and training . to pass upon matters pertaining to building related activities. The Building Official shall be an ex officio non-voting member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor and hold office at the Mayor's pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with duplicate copy to the appellant. The administrator of the State Building Codes Division shall be furnished copies of decisions interpreting state building code requirements. SECTION 6. The following Section 15. 04. 250 is added to the Ashland Municipal Code as follows: 15.04. 250 Notice of Non-Compliance and Violation perm�� or pertif�cate of�any 7ca.nd shall 13e ssued >ki�x'�th� : vio�.��e arty. pro�isien of the #�shland. Mun�,��;pal CpeIe �. P�ovic� Fwr�.t�sn ttot3be a�5d art oppo�tt�l��.ty td,:_ ri�ar+� �.s first given, •t2s� �vr.2v3ing 0�Fzelal�, neon:detertnininq .t2ta �i1e a nptice of non �ampliange in the d`acksprt �punty �te��tr�� a�� �e upa� �aa� prop��ty �r2�i�� �anfins � �tx �t�zz nr ls; pccuped fn xrialataAn of .thss cYtapter; , the property as rsfleated in the O`acksan County Records 4ffi.CGr t��.;pr�p�xty ��aC�1p��.cn, the.' �21t� anc� �ki�f . description af` they viala`ti�xn and the eitatc�n to 't,h1s :~hapter seCti�.an. : _ D Wheyynevyeyr tthe �r�{.A}la��tyyijsnyµfr�ryy}w}yyha.eh.} th�,'Snat1ica of npxxny` CCl3ttp�liinc� Y!�q �7�£S;� ��Ml F{i%MMrer*li�rd� ��Q �M���Ia<hg A ��Wxai PAGE 3-ORDINANCE (p:ord\bd-nomm.drf) shall, upat �ymtenG Cs£ the �e�ardz�ig fee far th2 riata.�a�of nan pmap3iance and the rec©rd3nq fee far the notices of carreata.an immediat�ly�f�l+e a nat�.�e of aia�rec:t3a». notice f�f �arreot!i�sn sha3.i resferesncey the notice QE nano<._.: oomp3.�ax�ce: a»d eecx£y ti�at tke ��.ol�rt3ari has �Se�» .. .....................................: SECTION 7. Sections 15.04. 050 (Agricultural Buildings) , 15. 04.060 (Excavation and Grading) , 15. 04. 070 (Local Interpretations) , 15. 04 .110 (Used Materials) , 15.04 . 185.E (Variances to Heat Pumps and Mechanical Devices) and 15.04 .205 of the Ashland Municipal Code are repealed. Chapter 11, Agrieultural 15. 94 . 950 Aerieultural !2 • Buildings, e f the }tea the} the 1987 Editien e f he the internatlenal published Gen€erenee e€ Ballding Offieials,� shall be in e ffe .L in this- GAY. 15 94. 969 Emeavatlen and Ehapter 70, Emeavatlen and e f the Appendix to the !987 edit of the RTIITGrading, ' F Building d:.. Ged.. published shed by the international eenferenee e€ Building affleials, shall L. effe .L in this Eity : (9rd. 1981 64, 1978ford 2192 64, 1980y Grd. 2394 63, 1986f Ord. 2442 63 1988) 15. 94--7-0 T e al i nt et at in additlen to L1 eenstreetien net : Firma previded it is feend that the prepesed design i-9 sa€i €aetery and that the material, method er e-,. e f fee .d is €er the-purpese intended, at least the equivalent ef that speeifieally y 1n_: d by this ordinanee ., al .1 effe L • s, €ire resistanee durability- safety, and energy eenservatien, and that the ,l<..eeter e f the T.n.n-.a.L..ere lfiaterial er methed €er the purpeses The Building offieial may refer the prepesed design te the Gity Beard ef Appeals as-previded in 6eetien 294 (a) e€ the strueter_l . : L.. within thirty (39) days ef the date ef the ruling. The ef this seetien shall net be interpreted te C the Department e f P.`. L.. subraitting an 3:5. 04 . 340 Used Material Used lu-mber may be used by a `'erne ewner en a persenal residence, it appreved by the Building effleia3. (Ord. 1981, 9 8) 15 94 185 E. Varianees rn1...r praetieal d, FF: eu Y: . PAGE 4-ORDINANCE (p:ord\bd-nomm.drf) unneeessar}+--hardships, er results ineensistent ..:ah the r £ this seet:en emist, a yarlanee net to emeeed .... L.:is�..._ (..e) ef the se levels permitted he-ei be granted by the BiAlding Gffiela€ writing dissatisfied with the deeisien ef the Building effieial may appeal sueh deeisien in the f Geuneil within ten(l6) days e€ saeh dee#sien. The Gity ----.:-- may grant tebeeenslstent with the terms of this-Geetien. (Ord. 2159 15 ^4 205 Straetxral Seeelalty reds A. Struetur-' speelalty eede fees. e'er applleatlen in this city,Seetien the fee sehedule applieabie in this eity. B. One and tife family dwelling eede Fe-r applleatlen-ln this elty ,, the One and Twe - --..-ll Dwel `-- 7 Eede-and-fee sehedele adepted by the State Department of the Department-e€ Gemmeree,pursuant to ORS 486.759 et. seq. , shall be in e€€eet in this =:a.._ PAGE 5-ORDINANCE (p:ord\bd-noncm.drf) ORDINANCE NO. AN ORDINANCE COMPLETELY REPLACING CHAPTER 18.72, SITE DESIGN AND USE STANDARDS, OF THE LAND USE ORDINANCE OF THE ASHLAND MUNICIPAL CODE WITH RESPECT TO IMPLEMENTING THE RECOMMENDED PROGRAMS FOR COMMERCIAL DEVELOPMENT STANDARDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.72, Site Design and Use Standards, of the Ashland Municipal Code is replaced in its entirety as follows: "Chapter 18.72 SITE DESIGN AND USE STANDARDS Sections: 18.72.010 Purpose and Intent. 18.72.020 Definitions. 18.72.030 Application. 18.72.040 Approval Process. 18.72.050 Detail Site Review Zone. 18.72.060 Plans Required. 18.72.070 Criteria for Approval. 18.72.080 Site Design Standards. 18.72.090 Administrative Variance. 18.72.100 Power to Amend Plans. 18.72.110 Landscaping Standards. 18.72.120 Controlled Access. 18.72.140 Light and Glare Performance Standards. 18.72.150 Review by Conservation Coordinator. 18.72.160 Landscaping Maintenance. 18.72.170 Development Standards for Disc Antennas. 18.72.010 Purpose and Intent. The purpose and intent of this Chapter is to regulate the manner in which land in the City is used and developed, to reduce adverse effects on surrounding property owners and the general public; to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high quality 1 development is maintained throughout the City. 18.72.020 Definitions. The following terms are hereby defined as they apply to this Chapter: A. Floor-Area Ratio (FAR) - The gross floor area of all buildings on a lot divided by the lot area. B. Infill - The development of more intensive land uses upon vacant or under-utilized sites. C. Primary Orientation - Direction of the front of a building with the main entrance to the public. 18.72.030 Application. Site design and use standards shall apply to all zones of the city and shall apply to all development indicated in this Chapter, except for those developments which are regulated by the Subdivisions (18.80), the Partitioning (18.76), Manufactured Housing (18.84) and Performance Standards (18.88). 18.72.040 Approval Process. A. Staff Permit. The following types of developments shall be subject to approval under the Staff Permit Procedure. Any Staff Permit may be processed as a Type I permit at the discretion of the Staff Advisor. 1. Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. 2. Any addition less than 2,500 square feet or ten percent of the building's square footage, whichever is less, to a building. 3. Any use which results in three or less dwelling units per lot, other than single-family homes on individual lots. 4. All installations of mechanical equipment in any zone. Installation of disc antennas shall be subject to the requirements of Section 18.72.160. Any disc antenna for commercial use in a residential zone shall also be subject to a Conditional Use Permit (18.104). (Ord. 2289 S5, 1984; Ord. 2457 S4, 1988) 5. Any exterior change to a structure listed on the National Register of Historic Places. 2 B. Type I Procedure. The following types of developments shall be subject to approval under the Type I procedure: 1. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined by the zoning regulations of this Code. 2. Any residential use which results in four dwelling units or more on a lot. 3. All new structures or additions greater than 2,500 square feet, except for developments included in Section 18.72.040.(A). 18.72.050 Detail Site Review Zone. A. The Detail Site Review Zone is that area defined in the Site Design Standards adopted pursuant to Section 18.72.080. B. Any development in the Detail Site Review Zone as defined in the Site Review Standards adopted pursuant to this chapter, which exceeds 10,000 square feet or is longer than 100 feet in length or width, shall be reviewed according to the Type 2 procedure. C. No new buildings or contiguous groups of buildings in the Detail Site Review Zone shall exceed a gross square footage of 45,000 square feet or a combined contiguous building length of 300 feet. Any building or contiguous group of buildings which exceed these limitations, which were in existence in 1992, may expand up to 15% in area or length beyond their 1992 area or length. 1832.060 Plans Required. The following submittals shall be required in order to determine the project's compliance with this Chapter: A site plan containing the following: A. Project name. B. Vicinity map. C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) D. North arrow. 3 E. Date. F. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. G. Lot layout with dimensions for all lot lines. H. Zoning designations of the proposed development. I. Zoning designations adjacent to the proposed development. J. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. K. Location and size of all public utilities in and adjacent to the proposed development with the locations shown of: 1. Water lines and meter sizes. 2. Sewers, manholes and cleanouts: 3. Storm drainages and catch basins. L. The proposed location of: 1. Connection to the City water system. 2. Connection to the City sewer system. 3. Connection to the City electric utility system. 4. The proposed method of drainage of the site. M. Location of drainage ways or public utility easements in and adjacent to the proposed development. N. Location, size and use of all contemplated and existing public areas within the proposed development. O. All fire hydrants proposed to be located near the site and all fire hydrants proposed to be located within the site. P. A topographic map of the site at a contour interval of at least five (5) feet. 4 Q. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. R. Use designations for all areas not covered by building. S. Locations of all existing natural features including, but not limited to, any existing trees of a caliber greater than six inches diameter at breast height, except in forested areas, and any natural drainageways or creeks existing on the site, and any outcroppings of rocks, boulders, etc. Indicate any contemplated modifications to a natural feature. T. A landscape plan showing the location, type and variety, size and any other pertinent features of the proposed landscaping and plantings. At time of installation, such plans shall include a layout of irrigation facilities and ensure the plantings will continue to grow. U. The elevations and locations of all proposed signs for the development. V. Exterior elevations of all buildings to be proposed on the site. Such plans shall indicate the material, color, texture, shape and other design features of the building, including all mechanical devices. Elevations shall be submitted drawn to scale of one inch equals ten feet or greater. W. A written summary showing the following: 1. For commercial and industrial developments: a. The square footage contained in the area proposed to be developed. b. The percentage of the lot covered by structures. C. The percentage of the lot covered by other impervious surfaces. d. The total number of parking spaces. e. The total square footage of all landscaped areas. 2. For residential developments: a. The total square footage in the development. b. The number of dwelling units in the development (include 5 the units by the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc). C. Percentage of lot coverage by: i. Structures. ii. Streets and roads. iii. Recreation areas. iv. Landscaping. V. Parking areas. 3. For all developments, the following shall also be required: The method and type of energy proposed to be used for heating, cooling and lighting of the building, and the approximate annual amount of energy used per each source and the methods used to make the approximation. 18.72.070 Criteria for Approval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) 18.72.080 Site Design Standards. A. The Council may adopt standards by ordinance for site design and use. 6 These standards may contain: 1. Additional approval criteria for developments affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose of this Chapter applied to specific examples. 4. Other information or educational materials the Council deems advisable. B. Before the Council may adopt or amend the guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary of the hearing forwarded to the Council for its consideration. 18.72.090 Administrative Variance from Site Design and Use Standards. An administrative variance to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18.72.090 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B. Approval of the variance will not substantially negatively impact adjacent properties; C. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the difficulty. 18.72.100 Power to Amend Plans. When approving an application the Planning Commission or the Staff Advisor may include any or all of the following conditions if they find it necessary to meet the intent and purpose and the criteria for approval: 7 A. Require the value of the landscaping to be above two percent, but not greater than five percent of the total project costs as determined from the building permit valuation. R. Require such modifications in the landscaping plan as will ensure proper screening and aesthetic appearance. C. Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover. D. Require the retention of existing trees, rocks, water ponds or courses and other natural features. E. Require the retention and restoration of existing historically significant structures on the project site. F. Require the City Engineer's approval of a grading plan or drainage plan for a collection and transmission of drainage. G. Require the modification or revision of the design or remodeling of structures, signs, accessory buildings, etc., to be consistent with the Site Design Standards. H. Require the modification of the placement of any new structures, new accessory uses, parking and landscaping on the project site to buffer adjacent uses from the possible detrimental effects of the propose development. I. Restrict heights of new buildings or additions over 35 feet and increase setbacks up to 20 feet. J. Require on-site fire hydrants with protective barricades. K. Require the type and placement or shielding of lights for outdoor circulation and parking. L. Require new developments to provide limited controlled access onto a major street by means of traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to insure the viability, safety and integrity of the major street as a through corridor. M. Require pedestrian access, separate pedestrian paths, sidewalks and protection from weather in new developments. 8 N. Require developments to provide access to improved City streets and, where possible, provide access to the lower order street rather than a major collector or arterial street. (Ord. 2425 S2, 1987) 18.72.110 Landscaping Standards. A. Area Required. The following areas shall be required to be landscaped in the following zones: R-1 - 45% of total developed lot area R-2 - 35% of total developed lot area R-3 - 25% of total developed lot area C-1 - 15% of total developed lot area C-1-D - 10% of total developed lot area. E-1 - 15% of total developed lot area M-1 - 10% of total developed lot area B. Location. Landscaping shall be located so that it is visible from public right-of-way or provide buffering from adjacent uses. Landscaping shall be distributed in those areas where it provides for visual and acoustical buffering, open space uses, shading and wind buffering, and aesthetic qualities. C. Irrigation. All landscaping plans shall either be irrigated or shall be certified that they can be maintained and survive without artificial - irrigation. If the plantings fail to survive, the property owner shall replace them. D. Parking Lots. Seven percent of all the parking lot area shall be landscaped. Such landscaping shall consist of the proper mixture of deciduous trees and shrubs so that all of the landscaped areas shall be covered within five years by a spreading evergreen ground cover or by shrubs and shaded by the trees. E. One street tree per 30 feet of frontage shall be required on all projects. 18.72.120 Controlled access. A. Prior to any partitioning of property located in an R-2, R-3, C-1, E-1 or M- 1 zone, controlled access standards shall be applied and, if necessary, cross easements shall be required so that access to all properties created by the partitioning can be made from one or more points. 9 B. Access points shall be limited to the following: 1) Distance between driveways. On arterial streets - 100 feet; on collector streets -.75 feet; on residential streets - 50 feet. 2) Distance from intersections. On arterial streets - 100 feet; on collector streets - 50 feet; on residential streets - 35 feet. C. Vision clearance standards. 1) No obstructions greater than two and one half feet high, nor any landscaping which will grow greater than two and one half feet high, with the exception of trees whose canopy heights are at all times greater than eight feet, may be placed in a vision clearance area determined as follows: The vision clearance area at the intersection of two streets is the triangle formed by a line connecting points 25 feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points ten feet along the alley and 25 feet along the street. When the angle of intersection between the street and the alley is less than 30 degrees, the distance shall be 25 feet. No structure or portion thereof shall be erected within ten feet of the driveways. 2) State of Oregon Vision Clearance Standards. The following stopping site distances shall apply to all State Highways within the City with the prescribed speed limits. Vertical stopping sight distance to be based on distance from three and one half feet above pavement to a point six feet above the pavement. (Ord. 2544 S1, 1989) 10 30 mph 200 feet 35 mph 225 feet 40.mph 275 feet 45 mph 325 feet 55 mph 450 feet 3) The vision clearance standards established by this section are not subject to the variance section of this title. (Ord. 2605 S2, 1990) D. Access Requirements for Multi-family Developments. All multi- family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. (Ord. 2544 S2, 1989) 18.72.140 Light and Glare Performance Standards. There shall be no direct illumination of any residential zone from a lighting standard in any other residential lot, C-1, E-1 or M-1, SO, or HC lot. 18.72.150 Review by Conservation Coordinator. A. Upon receiving an application for a Site Review, the Staff Advisor shall refer the application to the Conservation Coordinator for comment. B. Prior to final approval of a site plan, the Conservation Coordinator shall file an oral or written report to be entered into the record of the proceedings consisting of: 1. An assessment of the energy use estimates by the applicant. 2. . An assessment of the applicant's energy use strategies. 3. Recommendations to the applicant of cost-effective methods to further reduce energy consumption, if any exist. 11 18.72.160 Landscaping Maintenance. A. All landscaped areas must be maintained in a weed-free condition. B. All landscaped areas required by this Chapter must be maintained according to the approved landscaping plans. (Ord. 2228, 1982) 18.72.170 Development Standards for Disc Antennas. A. Building Permit Required. All disc antennas shall be subject to review and approval of the building official where required by the Building Code. B. Development Standards. All disc antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. Antennas shall be installed and maintained in compliance with the requirements of the Building Code. 2. Disc antennas exceeding 36 inches in diameter shall not be permitted on the roof, except where there is no other location on the lot which provides access to receiving or transmitting signals. In no case shall any part of any antenna be located more than ten feet above the apex of the roof surface. Antennas mounted on the roof shall be located in the least visible location as viewed from adjacent right-of-ways, and residential structures in residential zones. 3. No more than one disc antenna shall be permitted on each tract of land. 4. Ground mounted disc antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Antennas shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. 5. Antennas may be ground-mounted, free standing, or supported by guy wires, buildings, or other structures in 12 compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. 6. The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas shall be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Whenever possible, disc antennas shall be constructed out of mesh material and painted a color that will blend with the background. 7. , Antennas shall meet all manufacturer's specifications. The mast or tower shall be non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and similar type equipment if used, shall be protected by plating or otherwise to guard against corrosion. 8. Every antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriters' Laboratories, Inc., and both sides of the line must be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath. 9. Antennas may contain no sign or graphic design as defined in the Ashland Sign Code, even if the sign is permitted on the property. (Ord. 2457 S5, 1988)" 13 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of 1992, and duly PASSED and ADOPTED this day of 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1992. Catherine M. Golden Mayor Approved as to form: p� Paul Nolte City Attorney 14 l - � ORDINANCE NO. AN ORDINANCE ADOPTING NEW SITE DESIGN AND USE STANDARDS IN ACCORD WITH 18.72.080 OF THE ASHLAND MUNICIPAL CODE, PROVIDING ADDITIONAL APPROVAL CRITERIA, INFORMATION, RECOMMENDATIONS, AND INTERPRETATIONS FOR CHAPTER 18.72 OF THE LAND USE ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.72, Site Design and Use Standards, of the Ashland Municipal Code provides a process for adoption of additional standards to support this chapter. These standards are adopted in whole as shown on the attached "EXHIBIT A". The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 1992, and duly PASSED and ADOPTED this _ day of 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1992. Catherine M. Golden Mayor Approved as to form: cwt Paul Nolte City Attorney 1 "EXHIBIT A" I1 , Iti City of, As:hI d £ sl 1 I Xfr Y sl s 1 F Ill/ ihl 1 j.11, 1 � - J SITE DESIGN AND USE e Cit Council Y �k Adopted ° Ue:rsion ,e. Augmft '4 1992 " 1 ` UnprUbiished ,k f �F `V� I - 'Il f111 Fsi �kX tix Y yl���l'a I s I I M 1i 1 Adopted by Council 814192 Page I r � I . Introduction Background ANALYZETHE SITE This handbook is intended to illustrate currentneeds and trends toward site design The first step in any project is to and review, and to demonstrate the prin- analyze the site and design the project ciples for the planning and design of sound INTO the site.This is especially important development.Many of the ideas presented in Ashland with its many unique features. here are suggestions or illustrations that are Where one site may contain steep slopes educational and informative. As the term and significant existing vegetation,another handbook suggests,it is intended as aguide site may have high ground water,intermit- for use by home builders, developers, and tent streams,magnificent views,or obnox- community representatives inthepursuitof ious neighboring uses. Because all sites quality development practices. The hand- vary in some manner, it is important to book also contains specific approval stan- consider as many physical features as pos- dards that will be used to guide land use sible. The most common mistake of a site decisions. While only the approval criteria layout and analysis is to conceive and Be- have legal weight in a land use action,the sign the project in a vacuum and then try to entire document is a supporting document manipulate the site and the regulations to fit to the City's Comprehensive Plan, and the preconceived idea. This may be pos- sible in some cities which have little terrain Section I discusses general elements diversification,but is a sure source of con- and concepts of site design. Section II flict in Ashland. The best course of action combines these concepts and ordinance is to analyze the site before the project is requirements in the form of standards and designed and let this knowledge influence policies necessary to accomplish sound site the final design. design consistent with the Site Design and Use Chapter of the Land Use Ordinance. A site analysis shall begin with a con- Section III discusses development in straints inventory. A constraints inventory Ashland's Historic District. Section VI includes such things as permitted uses for covers development along the Ashland the particular parcel, setbacks requited, Street Corridor, and Section V covers the solar access, easements, location of flood Downtown areadefined in Ashland's Down- plains,excessive slopes,poorsoils,andsite town Plan. accessibility.Also included in a constraints inventory shall be proximity to off-site negative impacts such as excessive noise from traffic or other fixed features. Page 2 Adopted by Council 8/4/92 �nr�you do 8f1... It is also necessary to identify a site's 1. Topography good qualities and to incorporate them into 2. Existing trees the site plan. The location of good views, 3. Utility locations breezes,gentle slopes,potential noise bar- 4. Prevailing storm winds riers and existing vegetation can prove 5. Good and poor soils invaluable for the final site location. A site 6.Access to the site analysis and inventory should record the 7. Good and objectionable views following: S. Natural drainage ways 9. Solar access 10.Cool summer breezes 11. Off-site undesirable activities 12.Other pertinent characteristics Adopted by Council 814192 Page 3 In addition to a site analysis you should this, Ashland's landscaping requirement be aware that the City also has a number of for multi-family, commercial, and indus- regulations designedto protect the project's trial uses is one of the most scrutinized neighbors from as many adverse affects of areas of a site review. the project's development and use as pos- sible. These regulations, along with the Trees,shrubs,and living ground cover discretionary and public process of the site provide shade and shelter, aid in energy review,are designed to preserve Ashland's conservation and moderate the local cli- unique urban character, and enhance the mate in developed areas. Plants eliminate City's beauty. pollutants from the air we breathe and maintain physical health and mental equi- FUNCTIONAL librium by fulfilling an instinctive need for LANDSCAPING contact with the natural environment. Because trees and plants serve in these Ashland's adoption of landscaping capacities, they can be used for architec- standards in the early 1970's has made a tural, engineering,and climatological pur- dramatic difference in the appearance of poses which add to the aesthetic atmo- the City. Major gateways to the City and sphere of an area. The functional uses of key travel routes through the City and its plants are their ability to control sound and urbanized areas give alasting impression to light, to articulate space for privacy, to the visitor and resident alike. Because of block windand to lessen the effects ofsolar 1 a wtattn uK ' ®o �i � � I 1 1 .• . Ar 100 I � Yi 5 p a '��� B/ l I t �I • p�ieW utilit S `SC[C66 E — Ehru SIrtC/ to Awwwg —; d7// rk erne ii 1rldu5triAI Arta I Page 4 Adopted by Council 8/4/92 ANN radiation. Local landscape professionals extreme temperatures and winds. Local are a useful source of information which nurserymen know which plants do well and can help achieve these benefits at very little should be consulted if there is any doubt of cost. a plants' success. Prevailing surface winds in theAshland Climate and Landscaping area vary with the seasons. During the summer, cooling winds travel from the Temperature control is possible northwest up the Rogue Valley during the through the manipulation ofclimatic forces. day,while in the evening cool winds travel For example, providing shade while not down the canyons in the Siskiyous and restricting wind can cool an area consider- Cascades from a south and southeasterly ably. Controlling the.wind while allowing direction. In the winter, cool winds travel thesun's rays to penetrate will yield a much from the south and south east on overcast days and brisk winds travel from the north- west on west on clear days. Site design consider- Ashland's climate can best be de- ations should take into effect the cool sum- scribed as mix between Western Oregon's mer breezes and brisk winter winds. For marine temperate and California's example,steeply pitched roofs on the wind- Mediterranian, with an occational twist of ward side can reflect wind and reduce the alpine harshness. We expierence extreme wall area affected by the winds. conditions where both frigid and torrid conditions exist at times during the year. The use x garages and storage areas Even though the average temperatures are making northem exposures will reflect wind, temperate, the record lows and highs for dur coweperioduchhe protection of each month indicate that such temperature during cool periods. The protection v- extremes do occur. These extremes will northern enalls an •fences earth mounds, m- have an effect upon the success of lan d- plash this effect.Often,plants which do well in one Plash this effect. part of Ashland may do poorly just a few In addition,plants should be used that blocks away because they are exposed to Adopted by Council 814192 Page 5 are adapted to this climate,and can survive uniform screen to filter a view. A grouping without agreat deal of water.Rhodendrons ofmixed plants with different forms,shapes, and azealeas arebueatiful,but requireabout densities and heights, can produce an infi- 80 inches of water annually. As our aver- nite variety of view filtration. age precipition is less that 20 inches, and water is an increasingly scarse resource, The form, texture, color and density, plants such as this should be used sparingly, of a plant as well as the manner in which it in shaded, protected locations, if at all. is used,determines the ability of a plant or Lawns should be used as an area for people a mass planting to become an architectural to use,or as a carpet of green,not as a filler element.Plants may stand alone,in agroup in planter strips or in narrow landscaped with others of the same variety,or may be areas that will see little interaction with grouped with other varieties in endless humans. combinations to form architectural elements. Since plants have architectural potential Architectural & and can be used to create architectural elements,their functions may be character- Engineering Uses ized for space articulation, buffering and screening, and privacy control. Plants, because they are alive, are dynamic in density and character-growing Screening and changing daily,seasonally,and yearly. A single plant standing alone may block or interrupt a view. A group of plants planted Screening unsightly tly with something more in sequence may form a wall which blocks which is unsightly with something more or screens a view.The variability and char- harmonious (or less offensive). We are acter of the layers formed by growing surrounded a our contemporary objects we is determined by the density,height, would with areas,activities,and objects we volume, and width of the plants chosen to Would rather not see. We screen or hide these parts of our environment to make make up the architectural element. them less objectionable and the total envi- The spacing of the individual plants ronment more acceptable. Screening is a when used in a mass or.grouping deter- means of providing visual control through mines the opacity or translucency of the view direction and negation of ugliness plantings.The character of plants,coupled simply by hiding it.Screening implies isola- with the predictable nature of their known tion, confinement, and concealment of the form and growth rate,enables experienced unwanted,while allowing free access tothe landscapers to select plants according to remainder of the landscape. The size of an the density of the walls,canopies or layers object or type of activity together with its which are desirable for the particular situ- relative distance from the viewer is the ation. determining factor in screening. A grouping of plants having similar An analysis of the site will reveal the form and density may be used to create a direction from which screening is needed. The angle of view or approach may dictate Page 6 Adopted by Council 8/4/92 the sequence or distance of spacing of the Buffering elements for effective screening.The speed of movement past an offensive view plays Buffering is a means to visually pro- a determining role in the selection of the tect and separate conflicting uses from one most effective screening method. Gener- another. Areas where buffering is required ally,the faster the movement past the view, are referred to as buffer zones. Buffer the more widely the screening materials Zones can be looked upon as engineering may be spaced. The height, distance, and devices to control noise and filter air. In location of the viewer are the determining addition,buffer zones can provide atransi- factors in the use and placement of the tion from one type of privacy level to screening element. another. L 1 Adopted by Council 814192 Page 7 . Plant materials in combination pro- more densely are best used for sound con- vide the ingredients for buffer zones to trot.The width of planting is also a decisive condition the air and abate noise.Asafilter, factor. Plantings used to control noise also plants condition and cleanse our air. Some have psychological advantages which actu- of the ways which plants act in doing this ally magnify their buffering effectiveness. are similar to those of commercial interior air conditioners which cleanse, heat, cool, Where btiffer zones are limited inarea, humidify, dehumidify and circulate air. acombinationof planting,earth forms,and Plants also absorb sound.The vibrations of architectural structures can be effective. sound waves are absorbed by leaves, An example would be a masonry wall with branches, and twigs of trees and shrubs. a dense evergreen hedge at aheight relative The mosteffective plant for absorbing noise to the noise source. An additional advan- is one which has many thick fleshy leaves. tage is gained by planting the wall with ivy i• � � ��?� tfS�. ., III I -� � � f�i or other vines. Other solutions include Lower growing plants located near suppressing the noise itself and the use of the noise source and graduating in height landscaped berm_ s to reflect the noise up- toward the listener direct unwanted noise ward. away and upward from the listener. For year-around effectiveness,a narrow plant- ing requires a greater portion of evergreens than does a wide planting. Plants that grow Page 8 Adopted by Council 8/4/92 r i for outdoor storage and become visually OUTDOOR SPACE unpleasing. The private outdoor space should provide areas for quiet relaxation,a Private Outdoor Space catnap, reading a book or newspaper and for outdoor cooking and dining. Private outdoor spaces provide a nec- essary extension of indoor living spaces. Shared Outdoor Space Major considerations include privacy,view and spatial requirements for outdoor activ- Many of the same ingredients neces- ity. The most satisfactory private outdoor sary to provide successful private outdoor spaces are on ground level. Successful spaces are needed for successful shared outdoor living areas are attached to dwell- spaces.The main difference is access to the ings to the extent necessary to define the area by more than one person or unit. areas as either,semiprivate or private. The Shared open spaces should provide for articulation of an outdoor space will deter- both active and passive activities..Passive mine its usefulness and safety, although activities include areas for quiet conversa- other aspects play an important role. tion, resting, walking, and enjoyment of nature and scenery foryoung and old alike. Access to the sun and the materials Active uses include sports such as croquet, used to construetthese areas are important. volleyball, and frisbee. People are attracted to areas with sun, therefore, spaces with sun tend to be used Active areas should be large and as more often. Decks and balconies with no level as Ashland's topography will allow. solar access or view tend to become places Additionally, the surface of these areas Adopted by Council 814192 Page 9 Y ly—ft Adarior �s ganr.PuWic �piva'�c aids Semi- PUMP �Hras � Pri ya fG fitt�ri0►' -5wice PWM7 —yey,si�edrd —?arla Acfi►C —Itfn� 5P3ce, outdoor RClirafion 5Cm1�Wi Public s++rct',sidcwalk should be compatible for the activity for such as vacant homes and the like. Oppor- which they were designed. For example, tunities for crime can be exacerbated by turf for basketball or concrete for soccer poor site layout. It is important to consider are incompatible surfaces which would this factof modem life in designing projects, cause personal injury and receive little use. whether they be residential,commercial,or Play areas for young children should be industrial. included in outdoor space and should be designedto promotetheir mental and physi- Historically,design for crime preven cal development. Again, as much care tion is usually thought of as the application should go into the design of these outdoor ofheavy hardware such as bars,fences,and spaces as goes into the interior of the . security stations. This is not always the dwelling. most desirable approach as it gives the impression ofa forbidding fortress.Oppor- tunity,the major cri me factor,can be greatly reduced through sound site layout and CRIME PREVENTION design. Considerations for crime preven- tion should be included at project's incep- AND DESIGN tion instead of relying upon aftermarket hardware. Ashland is blessed with a relatively low crime rate. One reason for this is that the open neighborhoods of the city allow for surveillance of potential trouble spots, Page 10 Adopted by Council 8/4/92 Defensible Space The provision of defensible space In residential areas, the concept of mechanisms is best achieved at a project's defensible space should be employed to inception because it involves major deci- reduce the opportunity for crime. Defen- sions with respect to project design.Defen- siblespace is aterm used to describe aseries sible space mechanisms should utilize vari- of design characteristics that maximize ous elements of site layout and architec- resident's control of behavior. Defensible tural design through the articulation and space defines areas as being either public, design of outdoor spaces, grouping and semi-public, semi-private or private. In positioning of unit paths, windows, stair- doing so, it determines who has the right to wells, doors, and vegetation. Nil i t..___—`__- _ =`_- -. _� 1 itlIrr�Irdip 11� A ii �rrrr�rr;�IlNar;r:�•r _ .. . . 7­1-M IT m 1� R fI1Q P!I!!!71!I�,nu In�nn al. a la.�um_nlg0.�t2:!At R!__. Tjmn_'fmn'^Si L'"'L`'.'SE4!�_j3YR r be in each space and allows residents to be confident in controlling activity in that space. Real & Symbolic Barriers Residents are encouraged to extend their private realm which results in a sense of One method of limiting access is to responsibility toward the care and mainte- use a physical barrier, such as a fence, to nance of these areas. prevent a potential criminal from entering an area. While no barrier is impregnable, A series of techniques can be used to physical barriers of this type are real and, create defensible space and,subsequently, therefore, relatively difficult to overcome. reduce crime. It is necessary to define the zones of privacy with real and symbolic It is also possible to use psychological barriers and to establish zones of influence or symbolic barriers which,while present- by allowing residents to extend their pri- ingnophysical restriction,discourage crimi- vate realms. These techniques consist of nal behavior by making an obvious distinc- subdividing a project or building to limit tion between a resident and a stranger or access, improve neighbor recognition and intruder and bringing all activity under surveillance opportunities. more intense surveillance.Improved neigh- Adopted by Council 814192 Page bor recognition plays a key role in defining the traffic in the area will serve to detract psychological barriers.It allows neighbors from any criminal activity in public view. to recognize one another and a potential Avoidsituations which will allowcriminals criminal would not only be seen, but be to enter a building out of view of the main perceived as an intruder. traffic flow. In areas which do not have much traffic after working hours,sensitive Real barriers require entrances to pos- areas should be easily observable from the sess a mechanical opening device such as a street. Areas where criminals can conceal key or a combination. Symbolic barriers themselves should be avoided. define areas psychologically preventing in- trusion. The success of symbolic versus real barriers in restricting entry varies from PARKING AREA person to person and is dependent upon LANDSCAPING & several conditions. A successful symbolic barrier may include many features such as DESIGN a short run of steps,a change in the texture of a surface, a change in the level of light, From both an aesthetic and practical an open gate or low wall, or anything that view,parking area landscaping and design Will call attention to the fact that one is is an important consideration for all types moving from one kind ofan area to another; of development.B ecause parki ng areas are one that is pri vate an d und er th e contro I and usually large in size to accommodate cars surveillance of the users of the site. and trucks they are insensitive and domi- In commercial areas where adjacent neering to the human scale. Additionally, residences exist, rely on the neighborhood noise, light, heat, and exhaust odors are to be the eyes and ears which will report any commonly associated with parking areas. suspicious activity to the police. Where the These ill effects associated with parking projectis adjacent to heavily traveled streets, areas can be mitigated through good design I Page 12 Adopted by.Council 8/4/92 and well placed landscaping. For example, STREETTREES large canopied trees placed among the park- ing stalls can greatly reduce a parking area's temperature while making the auto Since ee program,a dramatic change h s street much more comfortable for human use occur ed along a Ashland's streets angehas during warm summer days. occurred along Ashland's streets and in its urban environment. Often a tree along a The provision of screen and buffer street is only appreciated for its physical landscaping,such as berms landscaped with . beauty;however,street treesperform many shrubs,hedges,and trees around the perim- other important functions. Street trees ab- sorb noise and light from automobiles and eter ofaparking area will great noise, light, and unsightliness the park- clean se the air we breathe. Street trees add i a rural character to the urban environment ng area to its neighbors. Automobile ac- and fill an instinctive need for human con- cess entering and exiting the parking area tact with natural elements. should be designed to provide quick and simple access and facilitate circulation. Street trees create a canopy over Clear pedestrian paths, including raised streets and sidewalks, provide shade dur- walkwaysthroughthemiddleoflargepark- ing summer months and decrease the warm ing lots, must be included in all designs. climatic effects from sunlight striking the Bicycleparking,close to building entrances and protected from weather must also be pavement.Because deciduous trees change provided. color with the seasons and drop leaves during the winter,they are preferred street Landscaping in vision clearance areas trees. Winter leaf drop is especially impor- should consist only of low growth varieties tant because it allows solar access which to ensure safe access from the facility to the decreases energy consumption . street. The use of wheelguards will assist circulation and protect landscaping from damage by autos. l T,v Adopted by Council 814192 Page 13 SECTION II Approval Standards and Policies A. Ordinance Landscaping Requirements These percentages are the minimum The following percentages of land- required. At times, more landscaping is required to meet the needs of other sections scaping are required for all properties fall- oftheSiteReviewOrdinance,suchasscreen- ing under the Site Design and Use Stan- ingofparking areas,landscaping ofsetback dards. areas, and providing usable outdoor space. In general, all areas which are not used for Zone Landscaping percentage building or parking areas are required to be R-13.5 45% landscaped.You should also be aware that, R-2 35% as a condition of approval of your project, R-3 25% you will be required to submit a site and C-1 15% species specific landscape plan to the Plan- C-1D 10% ning Division for Staff Advisor approval. E-1 15% M-1 10% Page 14 Adopted by Council 8/4/92 B. Multi-family Residential Development For new multi-family residential de- Crime Prevention and Defensible velopments, careful design considerations Space: must be made to assure that the develop- ment is compatible with the surrounding Parking layout - Parking for resi- neighborhood. For example, the use of dents should be located so that distances to earth tone colors and wood siding will dwellings are minimized. However,avoid blend a development into an area rather designs where parking areas immediately than causing contrast through the use of abut dwelling units because there is little or overwhelming colors and concrete block no transition from public to private areas. walls' Parking areas should be easily visible from Landscaping in residential areas is adjacent areas and windows. basically of three types; decorative land- Orientation of windows-Windows soaping such as in front yard setbacks, should be located so that vulnerable areas screening landscaping such as is adjacent to can be easily surveyed by residents. parking areas, and landscaping of outdoor recreational spaces. Each type has its own Service and Laundry areas - Ser- unique design criteria. vice and laundry areas should be located so that they can be easily observed by others. Decorative landscaping gives the de- Windows and lighting should be incorpo- signer a freer hand in the design than the rated to assure surveillance opportunities. other two types. These areas shall contain Mail boxes should not be located in dark a variety oftrees,shrubs,and groundcover. alcoves out of sight. Barriers to police They must be designed to be 90%covered surveillance such as tall shrubs and fences by vegetation in 5 years. Extensive use of should be avoided. flowering varieties of trees, shrubs, and ground cover to provide seasonal color, as Hardware-Reliance solely upon Se- well as a selection of plants with some fall curiry hardware in lieu of other alternatives color is recommended. Plantings and irri- is discouraged . gation systems should be designed to be efficient in their use of water. Lighting - Site development should utilize lighting prudently. More lighting Included with this type of landscaping does not necessarily mean better security. is the street tree. This subject is treated in Lighting should be oriented so that areas greater depth in the Street Tree section. vulnerable to crime are accented. The purpose of the street tree is to form a deciduous canopy over the street.Thesame Landscaping - Plant materials such effect is also desired in parking lots and as high shrubs should be placed so that internal circulation streets. Rows of street- surveillance of semi-public and semi-pri- type trees should be included in these areas vate areas is not blocked. Thorny shrubs where feasible. Adopted by Council 814192 Page I S will discourage crime activity. Low shrubs 11-13-1) Orientation: and canopy trees will allow surveillance, hence, reduce the potential for crime. II-13-1a) Residential buildings shall have their primary orientation toward the Approval Standards: Multi-family street when they are within 20 to 30 feet of residential development shall the street. conform to the following design 11-B--B-16) Buildings shall be set back from the street according to ordinance requirements, which is usually 20 feet. Multi-Family Conceptual Site Design On street Buildings oriented Street Trees (One parking to street each 30 feet) 4 Private ou .orspace Common open space ' Covered bike parking - 0 Preserve existing Screened trash Public alley access trees enclosure Page 16 Adopted by Council 8/4/92 II-B-1c) Buildings shall be accessed from the street and the sidewalk. Parking II-13-3f) Irrigation systems shall be areas shall not be located between buildings installed to assure landscaping success. and the street. Refer to Parking Lot Landscaping and Screening Standards for more detail. II-B-2)Streetscape: II-B4) Open Space: II-B-2a) One street tree for each 30 feet of frontage,chosen from the street tree II-114a)An area equal to at least 8% list, shall be placed on that portion of the of the lot area shall be dedicated to open development paralleling the street. Where space for recreation for use by the tenants the size of the project dictates an interior of the development. circulation street pattern, a similar streetscape with street trees is required. II-B-4b) Areas covered by.shrubs, bark mulch and other ground covers which II-B-2b)Front yard landscaping shall do notprovide a suitable surface forhuman be similar to those found in residential use may not be counted toward this re- neighborhoods, with appropriate changes quirement. to decrease water use. II-B-4c) Decks, patios, and similar II-B-3)Landscaping: areas are eligible for open space criteria. Play areas for children are required for II-B-3 a)Landscaping shall bedesigned projects of greater than 20 units that are so that 50% coverage occurs within one designed to include families. year of installation and 90% landscaping coverage occurs within 5 years. II-B-S)Natural Climate Control: II-B-3b)Landscaping design shall in- II-B-5a)Utilize deciduous trees with clude a variety ofdeciduous and evergreen early leaf drop and low bare branch densi- trees and shrubs and flowering plant spe- ties on the south sides of buildings which cies well adapted to the local climate. are occupied and have glazing for summer shade and winter warmth. II-B-3 c)As many existing healthy trees on the site shall be saved as is reasonably feasible. II-B-6) Building Materials: II-B-3d)Buildings adjacent to streets II-B-6a)Building materials and paint shall be buffered by landscaped areas of at colors should be compatible with the sur- least 10 feet in width. rounding area. Very bright primary or neon-type paint colors which attract atten- II-B-3e)Parking areas shall be shaded tion to the building or use are unacceptable. by large canopied deciduous trees and shall be adequately screened and buffered from adjacent uses. Adopted by Council 814192 Page 17 C. COMMERCIAL, EMPLOYMENT, AND INDUSTRIAL DEVELOPMENT only unsightly but results in a development Commercial and employment devel- form which the City discourages. opments should have a positive impact upon the streetscape. For example, build- The altemative desired in Ashland is ings made of unadorned concrete block or to design the site so that it makes a positive painted with bright primary colors used to contribution to the streetscape and en- attract attention can create an undesirable hances pedestrian and bicycle traffic.This effect upon the streetscape. is accomplished through thefollowing three level review process. Landscaping and site design for com- mercial and employment zones is some- The following development standards what different from that required for resi- apply to manufacturing and commercial dential zones.The requirement for outdoor zones. Their application depends on what spaces is,ofcourse,much less.The primary area of the City the property is located. function is to improve the project's appear- Generally speaking, areas that are visible ance,enhancethe City's streetscape,lessen from highly traveled arterial streets, and the visual and climatic impact of parking that are in the Historic District, are held to areas, and to screen adjacent residential ahigherdevelopment standard than projects uses from the adverse impacts which com- that are in industrial parks. This diffrence mercial uses may cause. is detailed by the maps, which delineate a Detail Site Review Zone. Properties out- Oneareain which Ashland'scommer- side the zone only have to comply with cial development differs from that seen in Basic SiteReview Standards,while projects many other cities is the relationship be- in the Zone have to comply with both Basic tween the street, buildings, parking areas, and Detail Site Review Standards. and landscaping. The most common form of modern commercial development is the placement of small buffer of landscaping between the street and the parking area, with the building behind the parking area at the rear of the parcel with loading areas behind the building.This may be desirable for the commercial use because it gives the appearance of ample parking for custom- ers,however, the effect on the streetscape is less than desirable because the result is a vast hot, open, parking area which is not Page 18 Adopted by Council 8/4/92 3 _ Defar/ Site Review Zone s rth Main; Historic District;°.'and Oa/.Street x j14♦....«.................... r Y� • ua „ ' cm uurrs "• a 9�iF n i� wwo - wac + • AIL � � � enrv. ;Py G d Ja 3 A n �� C� n � _ .� EJ G � Rpql k 4 �Sy Muwuw�wr ' g a� V `�; M4: II Adopted by Council 814192 Page 19 R Detai/Site Rewew Zone Siskiyou Blvd.°and shland andl WalkertSt 0. I WALKER y� GRADE D hd ' B 3 SCHOOL � G Tj�, of ti s S�{ 6 .x ST. S r 2 F W S fl D0 < b HONES AVE. y�J Jai "NJ WEOSfER t+ 5r SOUTHERN PARKER ST. OREGON II COL EGE iu > ST p,� ' - r j � ly NADRONE ST. N n �PWSL ♦a kryr Cr ='°pia n og 3 AVE a (RENO / 4. OREGON ST. z p+ u Fpr ST. o Si.LiliL pR.sr. N5 fly, r•r'v 1 L I 5h. Detail Site+Rewew Zonei� Ashland-Streee4nd Tolman Creek Road r,� <, H "l jR O PaMa g EyX MbiE O O ♦ n ykahG Y uti�l�J:.. ' m0 � 1 Ay {MypypJ € Y « "N ST. 3��' 1• g T '.. J: w cR�zziv w+. �q d x' I rr Page 20 Adopted by Council 8/4/92 Basic Site Review Conceptual .Site Plan Truck loading bays Employee % Parking ry Screened trash c and recycling c (vn Covered bike parking Service entry Visitor parking Prominent entry from street II-C-I. Basic Site Review than the parking area Building entrances Standards shall be oriented toward the streetand shall be accessed.from a public sidewalk.Public APPROVALSTANDARD:Devel- sidewalks shall be provided adjacent to a opment in all commercial and employ- public street along the street frontage. ment zones shall conform to the follow- 2)Buildings that are within 30 feet of follow- ing development standards: the street shal l have an entrance for pedes- II-C-1a) Orientation and Scale: trians directly from the street to the build- mg interior. This entrance shall be designed 1) Buildings shall have their pri- to be attractive and functional,and shall be mary orientation toward the street rather open to the public during all business hours. Adopted by Council 814192 Page 21 11-C-I d)Parking: 3)These requirement may be waived if the building is not accessed by pedestri- l) Parking areas shall be located be- ans, such as warehouses and industrial hind buildings or on one or both sides. buildings without attached offices,and au- tomotive service uses such as service sta- 2) Parking areas shall be shaded by tions and tire stores. deciduous trees, buffered from adjacent non-residential uses and screened from non- II-C-1b)Streetscape: residential uses. 1) One street tree chosen from the 11-C-le)Designated Creek Protec- street tree list shall be placed for each 30 tion Areas: feet of frontage for that portion of the development paralleling the street. 1) Designated creek protection areas shall be considered positive design ele- II-C-lc)Landscaping: ments and incorporated in the overall de- sign of a given project. 1) Landscaping shall be designed so that 50% coverage occurs after one year 2)Native riparian plant materials shall and 90%landscaping coverage occurs af- be planted in and adjacent to the creek to ter 5 years. enhance the creek habitat. 2) Landscaping design shall use a II-C-1f)Noise and Glare: variety of low water use deciduous and evergreen trees and shrubs and flowering 1) Special attention to glare (AMC plant species. l 8.72.110) and noise (AMC 9.08.1 70(c) & AMC 9.08.175) shall be considered in 3) Buildings adjacent to streets shall the project design to insure compliance be buffered by landscaped areas at least 10 with these standards. feetin width,except in the Ashland Historic District. Outdoor storage areas shall be I1-C-1g) Expansions of Existing screened from view from.adjacent public Sites and Buildings. rights-of-way,except in M-I zones. Load- ingfacilities shall bescreened and buffered 1)For sites which do not conform to when adjacent to residentially zoned land. these requirements,an equal percentage of the site must be made to comply with these 4)Irrigation systems shall be installed standards as the percentage of building to assure landscaping success. expansion,e.g.,if building areais to expand by 25%, then 25% of the site must be 5) Efforts shall be made to save as brought up tothe standards requiredbythis many existing healthy trees and shrubs on document. the site as possible. Page 22 Adopted by Council 8/4/92 II-C-2. Detail Site Review encouraged and desirable. 6) Buildings shall incorporate ar- Developments that are within the De- cades, roofs, alcoves, porticoes and aw- tail Site Review Zone shall, in addition to nings that protect pedestrians from the rain complying with the standards for Basic Site and sun. Review, Conform to the following stan- dards: I I-C-2b)Streetscape: II-C-2a)Orientation and Scale: I) Hardscape(paving material)shall 1)Developments shall have a mini- be utilized to designate "people" areas. mum Floor Area Ratio 0£.35 and shall not Sample materials could be unit masonry, exceed a maximum Floor Area Ratio of.5 scored and colored concrete,grasscrete,or for all areas outside the Historic District. combinations of the above. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the 2) A building shall be setback not minimum floor area ratio. more than 20 feet from a public sidewalk unless the area is used for pedestrian activi- 2) Building frontages greater than ties such as plazas or outside eating areas. 100 feet in length shall have offsets,jogs,or If more than one structure is proposed for have other distinctive changes in the build- a site, at least 25%of the aggregate build- ing facade. ing frontage shall be within 20 feet of the sidewalk. 3) Any wall which is within 30 feet of the street,plaza or other public open space 11-C-2c) Parking and On-site Cir- shall contain at least 20% of the wall area culation: facing the street in display areas,windows, or doorways. Windows must allow views 1) Protected, raised walkways shall into working areas or lobbies, pedestrian be installed through parking areas of 50 or entrances or display areas. Blank walls more spaces or more than 100 feet in within 30 feet of the street are prohibited. average width or depth. Up to 40% of the length of the building perimeter can be exempted from this stan- 2) Parking lots with 50 spaces or dard if oriented toward loading or service more shall be divided into separate areas . areas. and divided by landscaped areas or walk- ways at least 10 feet in width, or by a building or group of buildings. 4)Buildings shall incorporate lighting and changes in mass, surface or finish to 3)Developments of one acre or more give emphasis to entrances, must provide a pedestrian and bicycle cir- culation plan for the site.On-site pedestrian 5) Infill of buildings, adjacent to walkways must be lighted to a level where public sidewalks,in existing parking lots is the system can be used at night by employ- ees, residents and customers. Pedestrian A �I dopted by Council 814192 Page 23 I Detail Site Review Conceptual Site Plan Pedestrian Areas Primary Street Frontage Prominent Entrance from Street Bike Parking i — s Display Windows i. `wall Articulation Q O n� m Lam ' • U/ (n o Service Edtly F- I walkways shall be directly linked to en- . trances and the internal circulation of the 2)Parking lots shall be buffered from building. the main street, cross streets and screened from residentially zoned land. II-C-2d) Buffering and Screening: ll-C-2e) Lighting: 1) Landscape buffers and screening shall be located between incompatible uses 1) Lighting shall include adequate on an adjacent lot. Those buffers can con- lights that are scaled for pedestrians by sist of either plant material or building including light standards or placements of materials and must be compatible with no greater than 14 feet in height along proposed buildings. pedestrian path ways. Page 24 Adopted by Council 8/4/92 11-C-2f) Building Materials: 11-C-3a) Orientation and Scale: 1) Buildings shall include changes in 1) Developments shall divide large relief such as comices,bases, fenestration, building masses into heights ana sizes that fluted masonry, for at least 15% of the relate to human scale by incorporating exterior wall area, changes in building mass ordirection,shel- tering roofs, a distinct pattern of divisions 2) Bright or neon paint colors used on surfaces, windows, trees, and small extensivly to attract attention to the build- scale lighting. ing or use are prohibited. Buildings may not incorporate glass as a majority of the 2) No new buildings or contiguous buildingskin. groups of buildings shall exceed a gross square footage of 45,000 square feet or a 11-C-3: Additional combined contiguous building length of 300feet. Any building or contiguous group Standards for Large ofbuildings which exceed these limitations, Scale Projects and which were in existance in 1992,may expand up to 15%in area or length beyond Developments (1) involving a gross their 1992 area or length. floorareain excess of 10,000 square feetor 3)Buildings not connected by a com- a building frontage in excess of 100 feet in mon wall shall be separated by a distance length, (2) located within the Detail Site equal to the height of the tallest building. If Review Zone,shall,in addition to comply- ing to the standards for Basic and Detail buildings are more than 0f eet. feet in length Site review,shall conform to the following the separation shall be 60 f standards: 4) All on-site circulation systems shall incorporate a streetscape which includes curbs,sidewalks,pedestrian scale light stan- dards, and street trees. Adopted by Council 814192 Page 25 Large Scale Development Conceptual Site Plan Screened Service Area TV Protect and :1 Incorporate 1 - Natural i + Features . v •a 1 i w m f- Z h � 11 I• a i Pedestrian 0 1t Walkway V II y II - 1 I s' o I 1 1 1 1 _ � 1 - m y Outdoor Seating h I _ c o , Pedestrian Amenities Public Art Prominent Entries from Street Primary Street Page 26 Adopted by Council 8/4/92 Large Scale Development Conceptual Elevation Screened Mechanical — ?� Equipment Pedestrain Scale 11 ® ® Light Fixture Street I Trees ® / Bus Shelter 1 Seating and Protection " for Pedestrians Display Windows and Doors II-C-3b) Public Spaces d) Trees - provided in proportion to the space at a minimum of 1 tree per 800 1) One square foot of plaza or public square feet,at least 2 inches in diameter at space shall be required for every 10 square breast height. feet of gross floor area. e) Water features or public art. 2)Aplazaor public spaces shall incor- porate at least 4 of the 6 following ele- 0 Outdoor Eating Areas or Food Ven- ments: dors. a) Sitting Space - at least one sitting 11-C-3c) Transit Amenities space for each 500 square feet shall be included in the plaza. Seating shall be a 1)Transit amenities,bus shelters,pull- minimum of 16 inches in height and 30 outs and designated bike lanes shall be inches in width.Ledge benches shall have a required in accordance with the City's minimum depth of 30 inches. Transportation Plan and guidelines estab- lished by the Rogue Valley Transportation b) A mixture of areas that provide District. both Sunlight& Shade ll-C-3d) Recycling c) Protection from wind by screens and buildings. 1)Recycling areas shall beprovided at all developments. Adopted by Council 814192 Page 27 D. PARKING LOT LANDSCAPING AND SCREENING STANDARDS Approval Standard: All parking 11-D-3) Landscape Standards: lots,which for purposes of this section include areas of vehicle maneuvering, 1)Parking lot landscaping shall con- parldng,and loading,shall be landscaped sistofaminimumof7%ofthetotal parking and screened as follow: area plus a ratio of I tree for each seven parking spaces to create a canopy effect. II-D-1) Screening at Required Yards: 2)The tree species shall be an appro- priate large canopied shade treeand shall be 1) Parking abutting a required land- selected from the street tree list to avoid scaped front or exterior yard shal l incorpo- root damage to pavement and utilities,and rate asight obscuring hedge screen into the damage from droppings to parked cars and required landscaped yard. pedestrians. 2)The screen shall grow to be at least 3)The tree shall be planted in a land- 36 inches higher than the finished grade of scaped area such that the tree bole is a least theparking area,except forrequired vision 2 feet from any curb or paved area. clearance areas. 4)The landscaped area shall be planted 3)The screen height may be achieved with shrubs and/or living ground cover to by a combination of earth mounding and assure 50% coverage within 1 year and plant materials. 90% within 5 years. 4) Elevated parking lots shall screen 5) Landscaped areas shall be evenly both the parking and the retaining wall. distributed throughout the parking area and parking perimeter at the required ratio. II-D-2) Screening Abutting Prop- erty Lines: 6) That portion of a required land- scaped yard,buffer strip or screening strip 1) Parking abutting a property line abutting parking stalls may be counted shall be screened by a 5' landscaped strip. toward required parking lot landscaping Where a buffer between zones is required, but only for those stalls abutting landscap- the screening shall be incorporated into the ing as long as the tree species, living plant required buffer strip, and will not be an material coverage and placement distribu- additional requirement. tion criteria are also met. Front or exterior yard landscaping may not be substituted for the interior landscaping required for inte- rior parking stalls. Page 28 Adopted by Council 8/4/92 11-D-6) Other Screening: II-D-4) Residential Screening: 1)Other screening and buffering shall 1)Parking areas adjacent to residen- be provided as follow: tial dwelling shall be set back at least 8 feet from the building,and shall provide a con- Refuse Container Screen. Refuse tinuous hedge screen. containers or disposal areasshallbescreened from view by placement of a solid wood H-D-S) Hedge Screening: fence or masonry wall from five to eight feet in height. All refuse materials shall be ' The required hedge screen shall be contained within the refuse area installed as follow: Service Corridor Screen.When ad- 1)Evergreen shrubs shall beplanted jacent to residential uses, commercial and so that 50% of the desired screening is industrial service corridors shall bescreened. achieved within 2 years, 100% within 4 Siting and design ofsuch service areas shall years. reduce the adverse effects of noise, odor and visual clutter upon adjacent residential 2) Living groundcoverin the screen uses. strip shall be planted such that 100%cov- erage is achieved within 2 years. Light and Clare Screen. Artificial lighting shall beso arranged and constructed as to not produce direct glare on adjacent residential properties or streets. Adopted by Council 814192 Page 29 E. STREET TREE STANDARDS Approval Standard: All develop- at the back edge of the sidewalk), fire mentfrontingon public orprivatest•eets hydrants, or utility poles. shall be required to plant street trees in accordance with the followingstand ards c) Street trees shall not be planted and chosen from the recommended list closer than 20 feet to light standards. Ex- of street trees found in this section. ceptforpublic safety,no new light standard location shall be positioned closer than 10 II-E-1) Location for Street Trees: feet to any existing street tree, and prefer- ably such locations will be at least 20 feet 1)Street trees shall be located behind distant. the sidewalk except in cases where there is a designated planting strip in the right-of- d) Trees shall not be planted closer way,or the sidewalk is greater than 8 feet than 2 1/2 feet from the face of the curb wide. Street trees shall include irrigation, except at intersections where it shall be 5 root barriers, and generally conform to the feet from the curb, in a curb return area. standard established by the Department of Community Development. e) Where there are overhead power lines,tree species are to be chosen that will II-E-2) Spacing, Placement, and not interfere with those lines. Pruning of Street Trees: 0 Trees shall not be planted within 2 All tree spacing may be made subject feet of any permanent hard surface paving to special site conditions which may, for or walkway. Sidewalk cuts in concrete for reasons such as safety, affect the decision. trees shall be at least 10 square feet,how- Any such proposed special condition shall ever, larger cuts are encouraged because besubjectto the Staff Advisor's reviewand they allow additional air and water into the approval.The placement,spacing,andprun- root system and add to the health of the ing of street trees shall be as follow: tree. Space between the tree and such hard surface may be covered by permeable non- permanent hard surfaces such as grates, a) Street trees shall be placed at the bricks on sand, or paver blocks. rate of one tree for every 30 feet of street frontage.Treesshall beevenlyspaced,with g)Trees,astheygrow,shall bepruned variations to the spacing permitted for spe- to provide at least 8 feet of clearance above cific site limitations, such as driveway ap- sidewalksand 12 feet above street roadway proaches. surfaces. b) Trees shall not be planted closer h)Existing trees may be used asstreet than 25 feet from the curb line of intersec- trees if there will be no damage from the lions ofstreets or alleys,and not closer than development which will kill or weaken the 10 feet from private driveways (measured tree.Sidewalks of variable width and eleva- Page 30 Adopted by Council 8/4/92 tion may be utilized to save existing street trees, subject to approval by the Staff Ad- visor. II-E-3) Replacement of Sheet Trees: Existing street trees removed by de- velopment projects shall be replaced by the developer with those from the ap- proved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. II-E4)Recommended StreetTrees: Street trees shall conform to the street tree list approved by the Ashland Tree Commis- sion. Adopted by Council 814192 Page 31 SECTION III Water Conserving Landscaping Guidelines and Policies Introduction Water has always been a scarce,valu- spring and summer,after rainfall has dirnin- able resource in the Western United States, fished, recharging the groundwater that where winter rains give way to a dry season continues to flow into Ashland Creek,long spanning five to seven months in the Rogue after the last of the snowpack has melted. Valley. . Lack of water during the dry summerseason was amajorproblem facing Presently, Reeder reservoir's capac- earlysettlers. Their creative solutions have ity is just barely sufficient to supply the greatly altered the development of this . City's current water demands in a.severe region. .Talent Irrigation District's acid drought. With Ashland's semi-arid climate other district's reservoirs and many miles that includes periodic multi-year droughts, of reticulating canals are an engineering a fixed reservoir size, and growing water marvel. demands, it is clear that additional steps to Ashland's early development centered insure a secure water supply are now nee- around Ashland Creek and its year-round essary. water supply flowing from the flanks ofMt. There are two main ways of insuring Ashland, a mile in elevation above the a reliable water supply;either increase the town. PP Y: supply,byfinding additional watersources, or reduce the demand through water con-' servation strategies. The traditional supply As the town grew,the old reservoir at ide solutions, are economically and envi- the top of Granite Street and later, Reeder ronmentally expensive. Demandsidesolu- Reservoir were built. They remain as r testament to the town's need for more tions are relatively inexpensive, although water than the quantity that flows through they require One of them n strategies and usage the City during the dry season. The reser- patterns. One of the main strategies for voirs collect the winter rain behind its dams, reducing water use are landscape designs that for use durin these g the dry season. Snowfall e m order to reduce the use less water. Ashland has adopted adds to this system by slowly melting in the guidelines Page 32 Adopted by Council 8/4/92 amount of water wasted by many standard than narrow arms and other shapes that landscaping practices. make the even distribution of applied water nearly impossible. The advantages to guidel ines like these are that they avoid the costs of increasing Plant in fall or early spring, rather the water supply, and they also avoid the than late spring and summer when plant draconian measureof mandatory rationing. dormancy leads to lowinitial waterrequire- While guidelines limit plant materials, the ments and cool temperatures and rainfall is choices offered by drought tolerant plants, likely. give ample opportunity to create beautiful. landscapes at no additional cost. Group water hungry plants together and have separate ii&rigation circuits for The goal of these guidelines is to them. decrease water usage, while encouraging attractive landscaping. Further,the guide- Spread 2-3 inches of bark mulch in lines and policies are aimed at ,reducing shrub beds. Use medium sized mulch,not water demand when it is most crucial, large nuggets or fine mulch. Mulch com- during the dry late summer months when posed of large nuggets is an inferior water water reserves are low. conserving mulch, and excessively fine mulch compacts so tightly that water runs Advice and Recommendations: off or is absorbed by only the uppermost portion. The following recommendations, if implemented, would reduce water con- Maximize the amountof undisturbed sumption,while providing sufficient water soil during construction and excavation, to create and maintain attractive landscapes. fence it off and avoid running heavy equip- These landscape design and installation ment over it, storing materials on it and practices are not mandatory,yet they con- dumping waste solids and liquids on it, tain prudent advice for reducing outdoor Long term storage(longer than six months) water consumption and contain general also deteriorates the quality ofsoil. Healthy concepts, that if followed, will make any soil is better able to retain water. landscape water conserving. Plants General & Miscellaneous Specify and use drought tolerant Limit lawn and turf to areas where it plants and turf varieties and species. is actively used and eliminate it from areas where its purpose is strictly ornamental, Backbone plants (trees, screening. replacing it with drought tolerant, attrac- plants, and other plants required by other five ground covers. city ordinances)will be of a large size, the rest of plants mayof small sizes(1-3 gallon Concentrate lawn areas together into size). Smaller initial sizes establish more basically round or square shapes, rather extensive root systems, and are thus better Adopted by Council 814192 Page 33 able to withstand drought conditions. Adjust the watering period and fre- Water hungry plants that can tolerate quency to rainfall and temperature, with shade (use Sunset Western Garden Book less water applied in thespring and fall and as aguide)should be planted on north sides more water applied during the hot, dry of structures or in full day shade if they are summer months used at all. Use a more conservative setting in Plants to avoid due to high water spring than after hot, dry summer weather needs include: rhododendrons, camellias, begins. azaleas,and hydrangeas. Precipitation sensors and ground Watering within drip line of existing moisture sensors incorporated into thecon- nativeoaks,pines and machonetrees;should troller will result in substantial water con- be avoided except for temporary drip sys- nervation. tems for maximum of two years for estab- lishment of dry shade tolerant plants. In many parts of the city, water pres- sures are too high for properly functioning Drought tolerant trees and shrubs irrigations systems,resulting inwaterlosses . should not be placed within lawns as their from overspray. The use of pressure water needs, for the most part, are incom- regulating devices will solve this problem. patible with lawn needs. Develop maintenance watering sched- ule for irrigation systems and modify it for Irrigation seasonal differences. Use drip irrigation for shrubs and No matter how sophisticated an irri- trees. gation system is, it must be properly pro- gramed and maintained, or it still has the For native plantings, water later in potential of wasting large quantities of spring, let soil dry out in summer,water in water- fall. This mimics the natural system that plants have evolved in,but allows for addi- Tu rf tional water in order that plants look better and grow faster. Turf should be avoided in: Automatic timer controllers reduce Median strips wateruse ifproperly programed and moni- tored. Areas less than eight feet wide. Turn off in fall after temperatures Note: in the above areas, it is dii fi- decreaseand/orrains begin(usuallytheend . dill to minimize overspray, consider of September). ;roundcovers that do not reyuiringsprin- Page 34 Adopted by Council 8/4/92 ational areas. klers (ie that use babblers or drip) or hardscape. The functions of berms can often be met by fences, walls, and vegetation. Specify and use perennial rye and tall turf fescue lawn seed that tolerates the hot Slow water movement to increase summers here, rather than bluegrass or amount absorbed by soil by: bluegrass mixes, developed for the cooler summers of the Willamette Valley. Terraces Trees and shrubs within lawn areas Terraces on slopes con- increase the difficulty of providing even serve water (particularly if impermeable water coverage to turf. Uneven watering, retaining walls are used or retaining wall invariably leads to over-watering. faces to the north), but raised beds and berms dramatically increase waterdemand. Topography Terracing on east and north slopes Bemis,moundsand raised beds should will save more water than terracing on beavoided,since they greatly increasewater south or west slopes. evaporation through increased surfacearea and higher soil temperatures. Reasonable Onsiteswales not only naturallyslow exceptions would be the creation of berms water movementbutalso allowforground- for sound barriers, for safety, or for recre- water recharge on site. Adopted by Council 814192 Page 35 Mandatory Policies similarly well-suited for this climate of re- Don as determined by the Staff Advisor. The City has established the following Up to 10% of the plants may beofanon- policiesforusewheneverwaterconserving drought tolerant variety or species as long landscaping is required by ordinance, by a as they are grouped together and can be condition of approval of a planning action, irrigated nl an ts. separately from the drought toler- t in consideration for a density bonus or ant pl other development incentive,or in consid- No watering within the drip line of eration for reduced systems development existing native oaks, pines and madrone charges. These policies have the weight of trees is permitted, except that a temporary law,and landscapes installed and certified drip system may be installed for maximum as water conserving must be maintained according to these guidelines,or will be in sh ade tolerant plants. two years for the establishment of dry violation of the Municipal Code. shade General and Miscellaneous Screening hedges must be planned to attain 50% coverage after two years. The combined turf or water areas(i.e. Water conserving designs are not re- pools,ponds and fountains)shall be limited quired to meet the standard of a 50% to 20% of the landscaped areas. Turf coverage within one year. However,they limitations do not apply to public parks, must meet the coverage standard for private common open space,required out- plantings of 90%after five years. door recreation areas, golf courses, cem- eteries and school recreation areas. Irrigation A minimum of two inches of mulch Irrigation system shall be designed so (neither large nuggets nor fine bark may be that overspray is minimized. used)shall be added in non-turf areas to the soil surface after planting. Non-porous material shall not be placed under the nuilch. Fonklers must irrigated e ncluded i, penm- eter sprinklers must be included in irriga- All fountains shall be designed to tion pattern. recycle their water. Sprinkler heads with a precipitation Turf is restricted to slopes with less Fate of.85 inches per hour or less shall be o used on slopes exceeding 15/o to minimize than 10/o grade. runoff,or when slope exceeds 10%within Plants 10 feet of hardscape. Precipitation rates are to be matched At least 90%of plants in the non-turf for all irrigation heads for each circuit. areas are to be listed as drought tolerant in the Sunset Western Garden book, or be The same type of irrigation heads Page U Adopted by Council 8/4/92 shall be used for each circuit. than 1/6 of their width. Valves and circuits shall be separated Landscape plans are required that based on water use. include,in addition to thestandard plan requirements,the following: Drip irrigation systems are required for trees unless within lawn areas. The area irrigated (in square feet). Precipitation rates for each valve cir- Serviceable check valves (or pres- cuit. sure compensating emitters for drip sys- Monthly irrigation schedule for the tems)are required where an elevation dif- pkint establishment period (6-12 months) ferential greater than 20 feet exists on any and for the first year thereafter. circuit A watering schedule for each circuit Sprinkler head spacing shall be de- from the plan must be posted inside the signed for head-to-head coverage. corresponding controller The system shall be designed to mini- A grading plan with sufficient con- mizes runoff and overspray to non-irri- tours so that slope may be measured. gated areas. For lots with less than 5000 square All irrigationsystems shall beequipped feet of landscaped area no grading plan is with a controller capable ofdual or multiple required. programming. Controllers must have mul- tiple cycle start capacity and a flexible Exceptions calendar program. Controllersinust allow seven day or greater timing cycles. The Staff Advisor may substitute or make exceptions for cause of any of the Topography plants listed. No more than 5%of landscaped area Variances: The above mandatory of any lotor project may be berms or raised policies maybe varied ifthe applicantproves beds higher than one foot unless there is that the water consumption for the project demonstrated need for sound or safety as a whole is equal to or less than what barrier. would occur if the policies were strictly applied. All plantings on berms one foot or greater in height must be drought tolerant. Definition of terms Onlydrip irrigation is allowedon berms berm = any area where the soil is more than one foot in height. raised 30 percent or more on its sides and has no retaining wall included. If allowed, berms must be no taller Adopted by Council 814192 Page 37 9 drip line = perimeter of outermost above ground branches or leaves extrapo- lated to ground raised beds=areas of soil with retain- ing walls one foot or greater in height terrace=creation of horizonal areas on sloped land through a series of steps, retained on the downhill side Page 38 Adopted by Council 8/4/92 Section IV HISTORIC DISTRICT DEVELOPMENT A. DEVELOPMENT IN been sacrificed for a more contemporary ASHLAND'S HISTORIC design. For this purpose, the following standards were conceived as a guide to DISTRICT design decisions in the hope that the archi- tectural integrity of Ashland's homes and commercial buildings will no longer be Ashland's Historic District is very im- unnecessarily lost. portant to all the of City's residents. Not It is suggested that you think of your only does this area contain the City's begin- building as a whole-a single unit with no nings, but it is also the area of some of the emovable parts. Every change that you most prominent landmarks in Ashland, in- make can chip away at the integrity of the cluding the Plaza, East Main Street cony whole,like surgery.Efforts to personalize mercial area, Lithia Park, and many impor- ;u�t{updatethebuildingwill leaveyou with theth residential districts. For the most part, an assortment of miscellaneous parts that e main architectural themes have already bear no relation to each other, or to the been laid down, and must be considered in original design. Wrought iron columns, the design of any new structures or renova- sbestosshinglesandaluminumframewin- tion of existing structures. This does not dowshaveonlyonethingincommon-the mean that all newstructures must be a lavish local hardware store. Older buildings in imitation of an architectural style whose Ashland hardware store.e. Old timeanngs in heyday is past,but sensitivity to surrounding buildings and the existing land use patterns added options can obscure their individu- is essential to a successful development. ality. While it is critical that buildings be Restoration,Rehabilitation&Re- made habitable and safe,it is equallyimpera- modelling tive that the architectural character of a Because there is so much activity building be respected in the process ofstruc- these days in the improvement of older tural improvements. Unfortunately, this has housing, new terminology has been intro- not always been done in Ashland.The arc hi- duced The difference between "restor- tectural merit of a building has too often mg","rehabilitating',and"remodelling" Adopted by Council 814192 Page 39 may seem academic, but each results in a Unfortunately, it is quite common for major difference in the way ajob or project a house to be remodeled and totally di- may turn out. vested of its valuable characteristics when conditions do not i equire such radical treat- To"restore"is to return a building to ment. Hence, the expression "remodel" its original condition as if it were a precious can have bad connotations.To many people museum piece. This technique is typically it suggests a wasteofvaluable resources.It used for structures of particular signifi- is possible, however,to remodel with sen- cance, such as historic landmarks where sitivity, especially with the help of a tal- accuracy will serve an educational purpose ented architect. as well as a visual one. Restoration is the most painstaking improvement process and To"rehabilitate"is to take corrective usually the most expensive because it re- measures which will make a structure liv- quires technical skill and historical preci- able again. Some aspects of rehabilitation sion for successful results. It can involve entail renovation and the introduction of the removal of extraneous elements as well new elements. For example,it is likely that as the recreation of original features which outmoded electrical circuits would be re- may have become deteriorated or been quired to be brought up to code to ensure destroyed. A fine example of a restoration safety and to provide adequate service for project in Ashland is the Swedenberg home today's modern appliances.When rehabili- found on Siskiyou Boulevard. Great care tating a building,it is essential to protectthe has been taken to assure that the architec- structural and decorative characteristics tural integrity of the building exterior is which belong to the architectural style. practically identical to that when it was These are the very features through which built in the early 1900's . the visual integrity and the economic value of the building are preserved. Modem ele- Remodelling a building is normally at merits shall only be introduced when abso- the opposite end of the improvement spec- lately necessary, and in a manner which is trum from restoration. Unless it is done sympathetic to the original design. An ex- with sensitivity,to remodel a building is to cellent example of a successful rehabilita- redesign it so that the generic features are tion is the Ashland Community Center on obliterated and thebasic character destroyed Winburn Way. in the name of modernization. A remodel- ling job is too often considered a success if The rewards of sensitive home im- the original structure is unrecognizable in provements are many. First there is the the end result. Remodelling is appropri- satisfaction of knowing you have done the ately used for buildings which were con- job right. Second, there is the gratification structed of inferior materials or for build- from compliments of other people who ings which have fallen into a state of disre- appreciate what you have done. Third, pair due to vacancy or vandalism. Remod- there is the pleasure of living in an attrac- elling can also be a proper course of action tive,comfortable and historically preserved when a structure undergoes a change in home. While these benefits are difficult to use, say from a single-family residence to measure, such restoration or rehabilitation commercial office space. Page 40 Adopted by Council 8/4%92 can result in significant economic benefits. A perceptive combination of restoration and remodelling will actually contribute to the resale value of your home. Finally, a good rehabilitation project can be surpris- ingly influential on an entire neighborhood. The City of Ashland has adopted ordi- nances to assure that all development, in- cluding development in the Historic Dis- trict, remains compatible with the existing integrity ofthe district.In new construction of a singlefamily residence, the Historic Commission will use these standards to make recommendations to the applicant. Ifan applicant requires a StaffPermit, Site Review, or a Conditional Use Permit which involves new construction, a re- model, or any use greater than a single- family use,the authority exists in the law for the Staff Advisor and the Planning Com- mission to require modifications in the de- sign to match these standards. In this case the Historic Commission advises both the applicant and the Staff Advisor or other City decision maker. Adopted by Council 814192 Page 41 B. REHABILITATION & REMODEL STANDARDS The purpose of the following standards is to prevent incompatible structures and design and ensure the proper use of materials and details within the Historic District. IV-B-1)Be sure the remodeled portion has exterior wall finish that matches the existing or original material. IV-B-2) Design window additions are to duplicate existing or original windows. N-B-3)Design the roof on additions or remodels to have the same pitch as the original roof. Extend the ridge lines where possible. On one-story rear additions, shed roofs are acceptable. IV-B-4) Match the style of any porch or entry addition to the original or existing style of the front of the structure. IV-B-5) Match colors of any additions to the colors used on the existing exterior. N-13-6)Try to rehabilitate and restore as many features as possible. IV-B-7) Sawn shingle and, for economy, composition roofs are preferred. Asphalt shingles which match existing color and texture are acceptable. Shake shingles,tile and metal roofs are not compatible with most Ashland architectural styles(there are a few exceptions). IV-13-8) Diagonal and vertical siding are not compatible in most cases. IV-B-9) Imitative materials such as asphalt siding, wood textured aluminum siding or artificial stone are not compatible. IV-B-10) Any detached structures shall be compatible with the existing building and conform to the above standards. N-B-11) Styles of other eras or locales, such as Tudor and Western styles, are to be avoided. Page 42 Adopted by Council 8/4/92 C. HISTORIC DISTRICT DESIGN STANDARDS In addition to the standards found in Section 11, The following standards will be used by the Planning and Historic Commissions for new development and renovation of existing structures within the Historic District: RECOMMENDED AVOID HEIGHT IV-C-1)Construct buildings to a height of Avoid construction that greatly varies in existing buildings from the historic period height ftoo high or too fowl from older on and across the street. buildings in the vicinity. SCALE ° a 8 0 0 e m jD]= IV-C-2)Relate the size and proportions of Avoid buildings that in height, width, or new structures to the scale of adjacent massing, violate the existing scale of the buildings. area Adopted by Council 814192 Page 43 RECOMMENDED AVOID MASSING ® m0 ® n n IV-C-3)Break up uninteresting boxlike Avoid single, monolithic forms that are forms into smaller, varied masses which not relieved by variations in massing. are common on most buildings from the historic period. SETBACK B a a IV--C-4/Maintain the historic facade lines Avoid violating the existing setback of streetscapes by locating front walls of pattern by placing new buildings in front new buildings in the same plane as the or behind the historic facade line. facades of adjacent buildings. Page 44 Adopted by Council 814/92 RECOMMENDED AVOID ROOF SHAPES C - a IV-C-51 Relate the new roof forms of the Avoid introducing roof shapes, pitches, or building to those found in the area. materials not traditionally used in the area. RHYTHM OF OPENINGS H o B B e e o e IV-C-61 Respect the alternation of wall Avoid introducing incompatible facade areas with door and window elements in patterns that upset the rhythm of the facade. Also consider the width-to- openings established by the surrounding height ratio of bays in the facade. structures. I Adopted by Council 814192 Page 45 PLATFORMS ' LY IV--C-71 The use of a raised platform is a Avoid bringing the wads of buildings traditional siting characteristic of most of straight out of the ground without a sense the older buildings in Ashland. of platform. DIRECTIONAL EXPRESSION \�I/.,, , IV-C-81Relate the vertical, horizontal or Avoid horizontal or vertical facade nondirectional facade character of new expressions unless they are compatible buildings to the predominant directional with the character of structures in the expression of nearby buildings. immediate area. Page 46 Adopted by Council 8/4/92 ` SENSE OF ENTRY i OD g 9 Bp b IV-C-91Articulate the main entrances to Avoid facades with no strong sense of the building with covered porches, entry. porticos, and other pronounced architectural forms. IMITATIONS !d ® 0 IV-C-101 Utilize accurate restoration of, or Avoid replicating or imitating the styles, visually compatible additions to, existing motifs, or details of older periods. Such buildings. For new construction, attempts are rarely successful and, even if contemporary architecture that well well done well, present a confusing represents our own time, yet enhances picture of the true character of the the nature and character of the historic historical area. district. Adopted by Council 814192 Page 47 Section V Ashland Boulevard Corridor Introduction determined that the image.of the corridor portrays a typical "strip development". The Ashland Boulevard Corridor is These types of development are in the located between the intersection ofSiskiyou fringe areas oftowns throughout the United Boulevard to the west and the Interstate 5 States. Vast areas of asphalt paving,mini- interchange to the east. In general,the area mal landscape,and uninspired architecture boundary includes the lots fronting(to the are indicative of these strip developments, north and south)the Highway 66 right-of- resulting in large part to the dominance of way. This main City arterial street is com- the automobile as the only form of transit. prised of Ashland Street, Greensprings In Ashland, a town noted for its charm, Highway and Highway 66. natural beauty and culture, this type of development is a contradiction. The corri- Presently, a variety of land uses (re- dor does however offer opportunities such tail/commercial,employment,institutional as views to the mountains and foothills, and residential) as well as a collage of landscaped open space, and large lots. building types and vacant lands are located along this corridor. This City arterial is an Recognizing these opportunities, the important transportation element because City of Ashland desires to develop this area it is one of the three entrances to Ashland, according to standards which will create an it links the downtown with hotel accomno- environment reflective of Ashland's com- dations and the airport,and it is a commer- munity image. A key factor in achieving cial and retail center, primarily for local this goal is to reduce the auto-orientation of residents. this environment by encouraging pedes- trian amenities and urban design strategies, In addition, the land within and adja- thereby instilling a sense of community cent to the corridor, both commercial and pride in the property owners and merchants residential,is for the most part,underdevel- of this area. oped or undeveloped. Much of the future economic growth in the City will probably Thedesign standards listed belowwill be centered in this location. provide the city with direction for the fu- ture development of this key commercial The City Council and Planning Com- and retail corridor. It is important to note mission have recognized the potential of that this work must be a cooperative effort the corridor and requested special design between the private and public sectors of studies be performed to insure its planned the community. development. During those studies it was Page 48 Adopted by Council 814192 Design Standards V-13-3) Six foot wide, textured or scored concrete sidewalk in addition to the street tree area (total width would be a Public Land in the Street Right-of- minimum of eight feet). Way V-13-4) Pedestrian scaled light fix- In concert with the design standards tures, placed in the street tree strip. for the private development of the corridor, thedesign standards forthepublic right-of- V-13-5)Specially designed street name way are intended to provide an attractive signs. street environment which will encourage pedestrian usage and public safety. V-C)Special Pedestrian Areas: V-C-I) Pedestrian refuges protected Policy: Improvements in the public from weather shall be placed near transit right-of-way shall meet the following stan- stops, or at intervals of 400 feet in the dards: corridor if no transit stop is nearby. V-A) Landscape Median: V-C-2)Textured concrete or unit ma- sonry paving shall be used in these areas to V-A-1) Twelve foot wide minimum differentiate them from other areas. with left turn pockets in limited but appro- priate locations, approximately every 400 V-C-3) Street furniture (benches, feet. drinking fountains, news racks, etc.) shall be included for the comfort and conve- V-A-2) Small Flowering trees, low nience of the pedestrian. water use and low maintenance (12 foot spread max.)shrubs and ground cover shalI be planted. V-A-3) Lighting shall be scaled to highway scale light standards. V-B)Sidewalk: V-B-I) A two foot wide minimum area for street tree placement is required. V-13-2) Trees shall be drought toler- ant and hardy,placed with root barriers and either bricked in plantings, tree grates, or on landscaped strips with ground cover. Adopted by Council 814192 Page 49 SECTION VI DOWNTOWN ASHLAND Introduction Historically the city center,the down- town,began at the Plaza areaand extended Ashland's downtown is withoutiioubt southeast along East Main Street. Only the most important fifty-five acres in the about one-half mile long, the area now city. For over 100 years it has been the extends from the intersection of Heiman community's economic center. Thedown- and North Main Streets on the northwest, town boasts oneof the most beautiful parks to the Ashland Library on the southeast. It inthe country,and die Oregon Shakespeare ixtends fain yone-gine Street t deand Festival annually draws thousands of extends from e a are the Street to 'B" theatregoers. Ashland's charm, cultural Street. ance to Lithia ark and Guanajuato offerings and lovely location have not been they, the Or to Lithia Park and Guanajuato lost on those who visit, and during the last Way,tthe Eason Shakespeare Fes business dis- two decades the city's population has risen acres, the East Main Street business and ty p p trio, the business area around the Ashland from 11,000 to 16,000. However, down- gnificantly Library, Lithia Way/"C" Street,the prop- town economic growth has siexceeded population growth. The down- erty surrounding the old armory, and the town retail spaces have increased, office Newbry property--the large vacant parcel spaces have doubled and tourist traffic has of land bounded by the viaduct and by grown over 600 percent. Downtown auto- Helnran, Commercial, and Water Streets, mobile traffic has nearly doubled and pe- know as the Water Street Annex. destrian traffic counts have risen firm 200 This downtown area is the employ- percent to 900 percent. ment center of the community,and in 1988 Suchgrowth demands changes inplan- employed 25 percent of all city employees. ning and development, but Ashland's citi- Sixty-three percent ofthese wereemployed tens insist that these changes allow the by restaurants, the Oregon Shakespeare downtown to maintain its integrity and its festival and retail businesses which cater unique character. Community participa- primarily to tourists in the summer months. tion has always been integral to Ashland's With 197 businesses,the development. Citizens' affection for the downtown is also a thriving business center. The busi- city and desire to increase the culture, physical grace, and the economy have en- nesses are diverse ranging from light manu- couraged residents to support Southern facturtng and auto repair to tourist gift shops and law offices. Retail businesses Oregon State College, Lithia Park, the comprise most of the square footage and Shakespeare Festival and numerous other are concentrated along Main Street. Many community enterprises and improvements. Page 50 Adopted by Council 8/4/92 ofthese retail businesses are specialty stores larly during the peak touristsummermonths. which attract consumers throughout south- Although facts indicate that parking de- em Oregon and northern California. Cater- nand is not entirely met by existing facili- ing to the local, tourist and regional mar- ties, it may not be financially or environ- kets has preserved the downtown's eco- mentally wise to accommodate the highest nomic vitality and health. peak days. As traffic congestion continues to increase,the city and residents will have In addition to being the employment to adapt to different traffic patterns and use and business center, the downtown is also alternative forms of transportation in order the community's social and arts and enter- to alleviate the problem. tainment center. Increased pedestrian amenities and bike paths have encouraged Pedestrian Traffic: The substantial residents and tourists alike to enjoy the increase in pedestrian traffic has spurred downtown by foot or bicycle or simply by improvements in pedestrian amenities such sitting on the many benches and planters as benches, planters and fountains to en- which have been furnished. The Oregon courage pedestrian flow through the length Shakespeare Festival, several smaller the- of the downtown. Ongoing renovations atres, nightclubs and restaurants provide will be needed to help accommodate the tourists and residents with numerous op- ever-growing number of people. portunities for a pleasurable night out. The combination of these factors-- ASHLAND economic health,cultural andartisticoffer- ings, attractiveness, location, a pleasant pedestrian and bicycling environment--have endowed Ashland with the attractive quali- The City of Ashland Downtown Plan ties of a tourist town and the advantages of is the guiding document for all downtown being a real center for a rural town. site design. It provides a comprehensive review of downtown Ashland's historical There are, of course, some problems development and current trends andneeds. which exist as a result ofgrowthandchange. In addition, it outlines specific actions in- The major problems which havebeen iden- tended for implementation within fiveyears. tified are: These actions are divided into four major sections: Physical Development, Down- Economic: The need to be less depen- town Management, Regulation, and Eco- dent on the tourist industry, particularly a nomic Development. Although most of single facet of that sector--the Oregon these actions will be taken by the municipal Shakespeare Festival--and to promote government, it will include the city's part- growth in the retail and services sectors, nersindowntownimprovements--theParks especially those that service the local,tour- and Recreation Commission,the Chamber ist, and regional markets. of Commerce, the Ashland Downtown Association,the Oregon Shakespeare Fes- Automobiles and Traffic: Parkingisa tival and others. It is imperative that build- problem throughout the year, but particu- Adopted by Council 814192 Page 5 1 ers and developers are familiar with these VI-5) Two-story development is en- actions and follow current guidelines. couraged downtown, with the second sto- ries in commercial, residential, or parking uses. Redevelopment in the Downtown VI-6) Uses which are exclusively au- Three largehistoric buildings willprob- tomotive such as service stations,drive-up ably see very different and more intense windows, auto sales, and tire stores are uses in the next twenty years--the Masonic discouraged in the downtown. The city Lodge, the Elks lodge, and the Mark An- shall use its discretionary powers,such as thonyHotel.Other buildings will undoubt- Conditional Use permits,to deny new uses, edly redevelop,and conformancewith both although improvements to existing facili- the city's historic guidelines and the down- ties may be permitted. town development criteria should insure that the developments are positive. The following criteria are adopted with this plan and shall be used as part ofthe land use approval process. Approval Criteria for Downtown Area Development: VIA) Parking lots adjacent to the pedestrian path are prohibited. VI-2) Pedestrian amenities such as a broad sidewalks, arcades, alcoves, colon- nades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasable. VI-3)Weather protection on adjacent key pedestrian paths are required byall new developments. VI-4)Windows and other features of interest to pedestrians shall be provided adjacent to the sidewalk. Blank walls adjacent to sidewalks are prohibited. Page 52 Adopted by Council 8/4/92 ORDINANCE NO. AN ORDINANCE COMPLETELY REPLACING CHAPTERS 18.32, C-1 RETAIL COMMERCIAL DISTRICT AND 18.40, E-1 EMPLOYMENT DISTRICT OF THE LAND USE ORDINANCE OF THE ASHLAND MUNICIPAL CODE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.32, C-1 Retail Commercial District, of the Ashland Municipal Code is replaced in its entirety as follows: "Chapter 18.32 C-1 RETAIL COMMERCIAL DISTRICT Sections: 18.32.010 Purpose. 18.32.020 Permitted Uses. 18.32.025 Special Permitted Uses. 18.32.030 Conditional Uses. 18.32.040 General Regulations. 18.32.050 "D" Downtown Overlay District. 18.32.010 Purpose. This district is designed to stabilize, improve and protect the characteristics of those areas providing commercial commodities and services. 18.32.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services. C. Eating, drinking, entertainment and dancing establishments. D. Theaters, but not including a drive-in. E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet. i F. Mortuaries and crematoriums G. Printing, publishing, lithography, xerography, copy centers. H. Temporary tree sales, from November 1 to January 1. I. Public and quasi-public utility and service buildings, and public parking lots, but excluding electrical substations. J. Kennels and veterinary clinics, with all animals housed within structures. 18.32.025 Special Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section and the requirements of Chapter 18.72, Site Design and Use Standards. A. Commercial laundry, cleaning and dyeing establishments. 1. All objectional odors associated with the use shall be confined to the lot upon which the use is located, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectional odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 2. The use shall comply with all requirements of the Oregon Department of Environmental Quality. B. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If parking areas are located within 200' of a residential district, they shall be shielded from residences by a fence or solid vegetative screen a minimum of 4' in height. C. Automobile fuel sales, and automobile and truck repair facilities. These uses may only be located in the Freeway Overlay District as shown on the official zoning map. D. Residential uses 1. At least 65% of the total gross floor area of the ground floor, or at least 50010 of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and 60 dwelling units per acre in the C-1-D District. 2 I Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying C-1 or C-1-D District. 4. Off-street parking shall not be required for residential uses in the C- i-D District. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. E. Drive-up uses as defined and regulated as follows: 1. Drive-up uses may be approved in the C-1 District only. 2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan. 3. Drive-up uses may only be allowed in the C-1 districts east of a line drawn perpendicular to Ashland Street, at the intersection of Ashland Street and Siskiyou Boulevard. 4. Drive-up. uses are subject to the following criteria: a. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. b. All facilities providing drive-up service shall provide at least two designated parking spaces immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service while parked. C. A means of egress for vehicular customers who wish to leave the waiting line shall be provided. d. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during the wait in line. e. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. 3 L Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed. g. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. h. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed 1 per location, even if the transferred use had greater than one stall. F. Kennels and veterinary clinics where animals are housed outside, provided the use is not located within 200' of a residential district. 18.32.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a special permitted use in 18.32.025. C. New and used car sales, boat, trailer, and recreational vehicles sales and storage areas, except within the Historic Interest Area as defined in the Comprehensive Plan. D. Hotels and motels. E. Temporary uses. F. Outdoor storage of commodities associated with a permitted, special permitted or conditional use. G. Hostels, provided that the facility be subject to an annual Type I review for at least the first three years, after which time the Planning Commission may approve, under a Type II procedure, a permanent permit for the facility. H. Building material sales yards, but not including concrete or asphalt batch or mixing plants. 1. Churches or similar religious institutions. 18.32.040 General Regulations. 4 A. Area, Width, Yard Requirements. There shall be no minimum lot area, width, coverage, front yard, side yard, or rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required by the Site Review Chapter or where abutting a residential district, where such setback shall be maintained at ten feet per story for side and.rear yards. B. Maximum Building Height. No structure shall be greater than 40 feet in height. 18.32.050 "D" Downtown Overlay District. A. In all areas within the "D" Downtown Overlay District, all uses are not required to provide off-street parking or loading areas, except for hotel, motel, or hostel uses. All parking areas provided shall comply with the Off-Street Parking chapter and the Site Review chapter. B. Structures which are greater than 40 feet in height, but less than 55 feet, may be permitted as a conditional use. C. The solar access setback does not apply in the "D" Overlay district." 5 SECTION 2. Chapter 18.40, E-1 Employment District, of the Ashland Municipal Code is replaced in its entirety as follows: "Chapter. 18.40 E-1 EMPLOYMENT DISTRICT Sections: 18.40.010 Purpose. 18.40.020 Permitted Uses. 18.40.030 Special Permitted Uses. 18.40.040 Conditional Uses. 18.40.050 General Regulations. 18.40.010 Purpose. The district is designed to provide for a variety of uses such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. 18.40.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, and business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services, except that retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor space per lot. C. Eating, drinking, entertainment and dancing establishments. D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery. E. Light manufacturing, assembly, fabricating, or packaging of products from previously prepared materials, such as cloth, plastic, wood (not including saw, planing, or lumber mills or molding plants), paper, cotton, precious or semi- precious metals or stone. F. Manufacture of electric,"electronic, or optical instruments and devices. G. Administrative or research establishments. H. Motion picture, television, or radio broadcasting studios operating at an established or fixed location. 6 I. Mortuaries and crematoriums. I Building material sales yards, but not including concrete or asphalt batch or mixing plants. K. Kennels and veterinary clinics, with all animals housed within structures. L. Bakeries M. Public and quasi-public utility and service buildings and yards, structures, and public parking lots, but excluding electrical substations. N. Manufacture of pharmaceuticals and similar items. 18.40.030 Special Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section, including all requirements of 18.72, Site Design and Use Standards. A. Bottling plants, cleaning and dyeing establishments, laundries and creameries. 1. All objectional odors associated with the use shall be confined to the lot upon which the use is located, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectional odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 2. The use shall comply with all requirements of the Oregon Department of Environmental Quality. B. Wholesale storage and distribution establishments. Provided, however, that for the uses specified in subsection A and B above, no deliveries or shipments shall be made from 9pm to lam where the property on which the use is located is within 200 feet of any residential district. C. Recycling depots, provided the use is not located within 200' of a residential district. D. Kennels and veterinary clinics where animals are housed outside, provided the use is not located within 200' of a residential district. E. Residential uses. 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 15 dwelling units per acre. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. 4. Residential uses shall only be located in those areas indicated as R- Overlay within the E-1 District, and shown on the official zoning map. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. F. Cabinet, carpentry, machine, and heating shops, if such uses are located greater than 200' from the nearest residential district. G. Manufacture of food products, but not including the rendering of fats or oils. For any manufacture of food products within 200' of a residential district: 1. All objectional odors associated with the use shall be confined to the lot upon which the use is located, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectional odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. Odors which are in violation of this section include but are not limited to the following: a. Odors from solvents, chemicals or toxic substances. b. Odors from fermenting food products. C. Odors from decaying organic substances or human or animal wastes. 2. Mechanical equipment shall be located on the roof or the side of a building with the least exposure to residential districts. Provided, however, that it may be located at any other location on or within the structure or lot where the noise emanating from the equipment is no louder, as measured from the nearest residential district, than if located on the side 8 of the building with least exposure to residential districts. Mechanical equipment shall be fully screened and buffered. H. Cold Storage Plants, if such uses are located greater than 200' from the nearest residential district. I. Automobile and truck repair facilities, excluding auto body repair and paint shops. All cars and trucks associated with the use must be screened from view from the public right-of-way by a total sight obscuring fence. Facilities of 3 bays or larger shall not be located within 200' of a residential district. 18.40.040 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Mini-warehouses and similar storage areas. C. Contractor equipment storage yards or storage and rental of equipment commonly used by a contractor. D. Automobile fuel sales. E. New and used car sales, boat, trailer and recreational vehicles sales and storage areas, provided that the use is not located within the Historic Interest Area as defined in the Comprehensive Plan. F. Hotels and motels. G. Any use which involves outside storage of merchandise, raw materials, or other material associated with the primary use on the site. H. Private college, trade school, technical school, or similar school. I. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or equal to 200' from the nearest residential district. J. Cold storage plants, if such uses are located less than or equal to 200' from the nearest residential district. K. Automotive body repair and painting, including paint booths. 1. The use shall not be located within 200' of the nearest residentially zoned property. 2. All objectional odors associated with the use shall be confined to the lot, to the greatest extent feasible. For the purposes of this provision, 9 the standard for judging "objectional odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 3. The use shall comply with all requirements of the Oregon Department of Environmental Quality. L. Churches and similar religious institutions. 18.40.050 General Regulations. A. There shall be no area or width requirement except as may be required for conditional uses. B. There shall be no yard requirement except when a lot or parcel adjoins a residential district, in which case a side and rear yard of at least ten feet per story shall be required, and except as required in the Site Review and Solar Access — chapters. C. No structure shall be greater than 40 feet in height. D. There shall be no manufacturing, retailing, or other activity on the site which is not entirely conducted within a building, except as specifically permitted in Section 18.40.040." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of 1992, and duly PASSED and ADOPTED this _ day of 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1992. Catherine M. Golden Mayor 10 Approved as to form: Paul Nolte City Attorney 11 . 4+`oF ASN,`°C ..- `9yll•.j7.�1` �4goo� ' September 21, 1992 Q. Mayor and City Council r (�qrtl= Tim Bewley, Ashland Recycling Task Force 1 Chairperson 0i UPV_jECI: Renters, Opportunity to Recycle Ordinance Attached is a copy of an ordinance your Recycling Task Force is proposing you adopt. This ordinance requires that renters have an "opportunity to recycle side" in their multi-family complex. It also allows exemptions to provide. a specific site when appropriate and other methods are available. This ordinance has been thoroughly discussed and rewritten a couple of times by our task force. We mailed an earlier copy to all the 5-unit or more apartment owners in Ashland and invited them -to come tel1- -us what they thought of it at an ..informa-l: pnb-lic-.hearing.. -We-_-,, made some changes to the ordinance after that meeting. TB:MUM\Recycord.m Attachment ORDINANCE NO. AN ORDINANCE REQUIRING CERTAIN MULTI—FAMILY DWELLINGS, APARTMENTS, CONDOMINIUMS AND MOBILE HOME PARKS TO PROVIDE TENANTS AND OCCUPANTS WITH OPPORTUNITY TO RECYCLE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.22 is added to the Ashland Municipal Code and shall read as follows: Chapter 9. 22 OPPORTUNITY TO RECYCLE Sections: 9. 22 . 020 Generally 9.22 . 030 Standards 9. 22 . 040 Appeals and exemptions 9. 22 . 050 Enforcement 9.22 . 010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Common solid waste receptacle" means a receptacle where solid waste is deposited from more than one dwelling unit for collection by a solid waste. franchisee„ -, . : -• -_•- _- --a—=�-,- B. "Dwelling" or "dwelling unit" has the same meaning as defined in the land use ordinance at AMC 18.08.230 and includes a mobile home park space. C. "Multi-family complex" means a multi-family dwelling or any other dwelling, apartment, condominium, facility, mobile home park or location where two or more residential units share a common solid waste receptacle. Transient accommodation facilities such as hotels or motels are not included in this definition. D. "Multi-family dwelling" has the same meaning as defined in the land use ordinance at AMC 18.08.220 and includes mobile home park spaces. E. "Opportunity to recycle site" means a place for the deposit of tenant separated recyclable material. F. "Recyclable material" means all material collected by the local solid waste franchisee under its residential on-route collection program for purposes of recycling. G. "Responsible person" means the owner o'f a multi-family complex in those complexes where the tenants individually PAGE 1-ORDINANCE (p:planning\recycle.ord) contract directly with the local solid waste franchisee for solid waste collection. otherwise responsible person means the person or persons who contract with the local solid waste franchisee for solid waste collection of solid waste from the common solid waste receptacle in a multi-family complex. H. "Tenant" includes owner in the case of a condominium or other multi-family complex where the dwelling unit is individually owned and the owner resides in the unit. 9 . 22. 020 Generally. A. Every multi-family complex shall include on the premises an opportunity to recycle site provided by the responsible person or owner of the multi-family complex or both. .B. All multi-family complex leases or rental agreements or any other type of agreement providing for the lease of property or space for residential purposes may, at the discretion of the landlord or owner, state that tenants or occupants shall deposit recyclable materials in the opportunity to recycle site provided on the premises. C. Within thirty days of the effective date of this chapter and at least once a year thereafter, the responsible person, or the owner of a multi-family complex, or both, shall inform tenants of the multi-family complex of the location of the opportunity to recycle site and of information _about how to recycle. New tenants shall be informed by the -responsible person, or by the owner of a.°multi-family .complex; or.-both, - arbout the opportunity to recycle at the time of entering into a lease or rental agreement or any other type of agreement providing for the lease of property or space for residential purposes. 9.22 . 030 Opportunity to recycle site standards. The opportunity to recycle site: A. Shall meet the reasonable requirements of the local solid waste franchisee. B. Shall, whenever reasonably feasible, be centrally located in a single repository in the multi-family complex. Small multi-family complexes may use individual curbside containers for recyclable material if permitted by the local solid waste franchisee. 9. 22 . 040 Exemptions. The City Administrator, or designee, may exempt a multifamily complex from the requirements . of this chapter upon a showing by the applicant that the conditions of this chapter would cause undue hardship. The phrase "undue hardship" shall be construed to include, but not be limited to: 1. Situations where the physical environment of an existing complex cannot be reasonably adapted to provide the opportunity to recycle; PAGE 2-ORDINANCE (p:ptanning\recycle.Ord) 2. Situations where the opportunity to recycle is being met is some other manner; or 3. Situations where compliance with the requirements of this Ordinance would deprive a person of a legally-protected right. 9. 22 . 050 Enforcement. A. A warning notice of a violation of this ordinance shall be given prior to the issuance of a citation. Warning notices shall give a brief description of the violation and a statement that failure to correct the alleged violation may result in issuance of a citation to the City of Ashland Municipal Court. The warning notice shall be served upon the person accused of the violation. B. A responsible person, or an owner of a multi-family complex, who violates this chapter shall be deemed guilty of an infraction, and shall be punishable as set forth in Section 1. 08 .020 of the Municipal Code. The foregoing ordinance was first READ on the day of 1992, and duly PASSED and ADOPTED this day of 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1992 . Catherine M. Golden, Mayor A �oved as to form: Paul Nolte, City Attorney PAGE 3-ORDINANCE (p:plenning\recycle.0rd) oFh ° Emorttxtixm G4EGO October 1, 1992 Q• Mayor & City Council rI2tTI: Brian L. Almquist, City Administrator p�1I�IjEtf: Amendment to Sewer ordinance We have received an inquiry from Madeline Hill, who has .purchased property on N. Mountain Avenue near the I-5 -_ Freeway, and who wishes to facilitate the formation of a local improvement district for sanitary sewers. One of the impediments to formation of the district is a requirement in Section 14 .08. 020 of the Code, which requires everyone within 100 feet of a newly installed sewer line to connect to that line within six months of installation. This requirement was enacted a number of years ago when the City installed. sewer mains itself, and needed to recover its costs through connect fees and monthly charges. Use of the local .improvement district process for the installation of sewers is a `fairly recent development, and staff would recoinineri3 an aineridment to° the ordinance to waive the connection requirement where the costs are being paid through an L.I.D. (d:\council\new.0rd\sewer.0rd) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14.08.020 OF THE ASHLAND MUNICIPAL CODE BY EXEMPTING EXISTING SINGLE FAMILY DWELLINGS FROM CONNECTING TO NEW SEWER MAINS IF SUCH MAINS ARE FINANCED THROUGH A LOCAL IMPROVEMENT DISTRICT. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE -LF THRGUGH AND ADDITIONS ARE EKED LINEtI. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 14 .08.020 of the Ashland Municipal Code is amended to read in its entirety as follows: 14. 08 . 020 Connection Fees - Charges. A. Normal curb line is defined generally, in cases where there are no curbs, at twenty (20) feet perpendicular distance from the street centerline. Unusual circumstances shall be negotiated on a cost basis for labor and materials. B. All charges shall be made for laterals up to six (6) feet in depth in excavation classed as common. Extra depth on rock construction shall be negotiated on a cost basis for labor and materials. C. Sewer connection charges shall be paid, cash in full, in advance, at the time of request for service. Sewer connection work shall not begin until such charges are. paid.- In the event that connection is made to in existing- service prior to payment of fees as set forth above, water service shall bd'withheld-&Y-- disconnected until payment is made. D. All constructed premises located within e hundred +100} feet of existing sewer trunk lines shall complete a lateral connection to, and obtain service from, such line within six +6+ months from the effective date of the ordinance codified in this Chapter. XOep as praricd �h 14: 08.02UAll constructed premises located wittiii) "" T'00} 'feet of newly constructed sewer trunk lines shall complete a lateral connection, to and obtain service from, such line within six {6} months from the date that service is available; provided, however, that in each situation, sewage will flow by gravity to the sewer main. Any person failing to connect to the sewer trunk lines as heretofore provided shall be charged the appropriate rate as heretofore provided in this Chapter. � �`©r berisf3b�as� prflisert,i�s sub�e�t to a :local :�.�n�rr©vaent c'(iBtik'iCt ��31*med �d Cq'l�s �l�t .r�: saritary se+xe�� the City O(��iN�11___ may; exempt single family swellings exsEirtg on:.:tkxs prapery the: ti2�e the ( istrlGCsdexne , xom theequieu(ento ()mplet a lateral:oonDetzorif or abbaln ssrvle Fr©m a newly Gflrist2e ed �evte� "CZ*un3C lane, �'he»sXa�lliitllah fpx`�any pbcspez�y shall " " '. . terminate, hOwevert if`; 1. Ts substtrfae swage dasposal systsm �r altrnatazre sewaga dasposal system ;serving theiraperty is ban t�pex�teci o� maf,�t�3.n�cl: �.� �ra:clatian �f any role ;adopted purs��rnt PAGE 1-ANNOTATED ORDINANCE (p:ord\sewer.Arm) „x 'the dwell�n� x� �apla.�ed ccr� subshan��aiy enlarq�eds; 3.. Thy p��+p,;��y ate d�v'e�, 7pdd � � m�zrier x�elu�.rinc� . appraisal .,cif a planning;antYCS7i under: Ashland Mun .��pal �c�de CtlgkeY PAGE 2-ANNOTATED ORDINANCE (p:ord\seuer.Ano) DRESCHER & ARNOLD ATTORNEYS AT LAW 300 E. MAIN • P.O. BOX 760 ASHLAND. OREGON 97520 ALLEN G. DRESCHER. PC;. TELEPHONE (603) 482.4935 3. PHILIP ARNOLD October 1 , 1992 FAX (503) 4824941 MEMO t. To: Mayor and City Council From: Phil Arnold <;W subject: Resolution ion Opposition to Measure 9 Attached is a proposed resolution which I have prepared in opposition to Measure 9. I understand that perhaps someone else may be submitting one for our consideration as well . I don' t care about the form of the resolution which is passed, but I do believe it is important that, as elected officials, we be on record against this terrible ballot measure. In addition to the legal, governmental , and economic objections which I have put in the resolution, for me, and I am sure for you, the issue is really a moral one. The idea that our government would declare the very lives of a substantial number of people to . be abnormal is simply intolerable. Of course, it is not just a segment of our population ; it is our colleagues , our acquaintances,, and our friends who would be subjected to the bigotry of Measure 9. _ - = - I am sure you will agree with me that this Measure must be defeated and that it is important for us as individuals. and as the elected members of the City government to oppose it. I RESOLUTION NO. 92- A RESOLUTION OF THE ASHLAND CITY COUNCIL IN OPPOSITION TO BALLOT MEASURE 9 - STATEWIDE GENERAL ELECTION ON NOVEMBER 3, 1992. RECITALS: A. An initiative measure; known as Measure 9, which is on the ballot at the November 3, 1992 General Election, would amend the Oregon Constitution to declare certain sexual preferences as abnormal and perverse and would ban civil rights guarantees for gays and lesbians. B. Measure 9 would be unprecedented in the United States if it passed, making Oregon the first state to require government and public schools to discourage homosexuality. C. In addition to denying basic freedoms and equal rights in our society to a segment of the population, Measure 9 promotes hate, fear, intolerance and bigotry and is a step backward for the recognition of human rights in our society. D. The people of Ashland and the government of the City of Ashland are proud of the positive contributions made by all the citizens of Ashland, without regard to the sexual orientation of those citizens. E. Ashland and the State of Oregon stand for tolerance and against prejudice and intolerance. F. The passage of Measure 9 could have severe negative impacts on our State and our City due to boycotts of Oregon products and reductions in tourism and business and convention activities in the State. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Ashland opposes State Ballot Measure 9 in the November, 1992 .General Election and urges all the citizens of Ashland to vote and work against Measure 9. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of ; 1992 . Catherine M. Golden, Mayor OCT 02 '92 13:55 RANKIN NERSERERU & SHANNON P•2 RESOLUTION NO. RESOLUTION OF THE CITY OF ASHLAND AUTHORIZING THE ISSUANCE AND NEGOTIATED SALE OF GENERAL OBLIGATION ADVANCE REFUNDING BONDS, SERIES 1992; TO ADVANCE REFUND AND TO IRREVOCABLY CALL FOR REDEMPTION THE GENERAL OBLIGATION HYDROELECTRIC BONDS, SERIES 1983 AND THE GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1985; AUTHORIZING ESCROW AGREEMENT; AUTHORIZING EXECUTION OF BOND PURCHASE AGREEMENT; APPOINTING AN EXPERT ADVISOR. Oregon Revised Statutes Sections 288.605 to 288.695 authorizes the issuance of bonds to advance refund outstanding bonds. The City of Ashland, Jackson County, Oregon.(the "City"), is advised that debt service savings may be achieved by advance refunding the interest due and the callable portions of the outstanding principal of the City's General Obligation Hydroelectric Bonds, Series 1983 maturing March 1, 1994 through and including March 1, 2004 (the "Series 1983-Prior Bonds") and of the City's General Obligation Water Refunding Bonds, Series 1985 maturing September 1, 1995 through and including September 1, 2002 (the "Series 1985 Prior Bonds") (collectively referred to herein as the "Prior Bonds"). The Series 1983 Prior Bonds issued as of September 1, 1983 in the principal amount of $700,000 and the proceeds thereof were expended for the purpose of financing the design, construction and reinstallation of a hydroelectric generator and to pay the costs of issuance of the Series 1983 Prior Bonds, The Series 1983 Prior Bonds maturing March 1, 1995 through and including March 1, 2004 are first subject to call and optional redemption on March 1, 1994 in the principal amount of $500,000. The Series 1985 Prior Bonds issued as of September 1, 1985 in the principal amount of $1,690,000 and the proceeds thereof were expended for the purpose of refunding the City's outstanding General Obligation Water Bonds, Series 1982 and to pay the costs of issuance of the Series 1985 Prior Bonds. The Series 1985 Prior Bonds maturing September 1, 1996 through and including September 1, 2002 are first subject to call and optional redemption on September 1, 1995 in the principal amount of $1,035,000. The proceeds of the General Obligation Advance Refunding Bonds, Series 1992 (the"Series 1992 Bonds") will be for the purpose of providing funds sufficient (1) to pay the interest due on the Series 1983 Prior Bonds to and including March 1, 1994; (2) to pay the principal amount of the Series 1983 Prior Bonds maturing March 1, 1993 and March 1, 1994; (3) to pay on March 1, 1994 the redemption amount of the Series 1983 Prior Bonds maturing March 1, 1995 through March 1, 2004; (4) to pay the interest due on she Series 1985 Prior Bonds to and including September 1, 1995; (5) to pay the principal amount of the Series 1985 Prior Bonds maturing September 1, 1993, September 1, 1994 and September 1, 1995; (6) to pay on September 1, 1995 the redemption amount of the Series 1985 Prior Bonds maturing September 1, 1996 through RESOLUTION • Page 1 (pp�p,bnd4shlsnd�•nt•P2U.eo.14:: OCT 02 '92 13:56 RANKIN NERSEREAU & SHANNON R-3 September 1, 2002; and (5) to pay the costs of issuance of the Series 1992 Bonds. The Series 1992 Bonds will be issued as general obligations of the City payable from ad valorem taxes levied upon all taxable property within the City without limitation as to rate or amount, to the extent sufficient revenues are not available from other sources. The Prior Bonds are payable from these same sources of funds. THE CITY OF ASHLAND, OREGON RESOLVES AS FOLLOWS: Section 1. Issuance of Series 1992 Bonds. The City authorizes the issuance and the private • negotiated sale of not to exceed$2,200,000 General Obligation Advance Refunding Bonds, Series 1992. The Series 1992 Bonds shall be issued in denominations of $5,000 each, or integral multiples thereof, as negotiable general obligation bonds of the City and shall bear interest at a true effective rate not to exceed six and one-half percent(6.5%)per annum payable semiannually. The Series 1992 Bonds shall be sold at not less than ninety eight percent (98.0%) of par.value. The City authorizes the Finance Director (the "Authorized Representative") to determine and designate the principal amount, dated date, the maturity dates, the principal serial maturities, the optional redemption dates and premiums, if any, and the term bond maturity or maturities, with or without premium, and to fix the interest payment dates and to determine such other provisions as are deemed necessary and desirable for the sale and issuance of the Series 1992 Bonds. Section 2. Title and Egecution of Series 1992 Bonds. The Series 1992 Bonds shall be entitled "City of Ashland, Jackson County, Oregon General Obligation Advance Refunding Bonds, Series 1992" and shall bear the manual signature or the facsimile signature of the Mayor of the City and the manual signature or the facsimile signature of the City Recorder. The Series 1992 Bonds shall be issued in fully registered form and may be issued in book-entry form as a single typewritten bond for each single maturity in the registered name of the nominee of The Depository Trust Company, New York, New York. Section 3. Book-Entry &stem. Ownership of the Bonds may be recorded through entries on the books of banks and broker-dealer participants and correspondents that are related to entries on The Depository Trust Company book-entry-only system. If issued in book-entry form, the Bonds shall be issued in the form of a separate single fully registered type-written bond for each maturity of the Bonds (the "Global Certificates"). Each Global Certificate shall be registered in the name of Cede & Co. as nominee (the "Nominee") of The Depository Trust Company (the "Depository") as the "Registered Owner", and such Global Certificates shall be lodged with the Depository until redemption or maturity of the Series 1992 Bond issue. The Paying Agent shall remit payment for the maturing principal and interest on the Series 1992 Bonds to the Registered Owner for distribution by the Nominee for the benefit of the bondholder (the "Beneficial Owner" or 'Record Owner") by recorded entry on the books of the Depository participants and correspondents. While the Series 1992 Bonds are in book-entry-only form, the Series 1992 Bonds will be available in denominations of$5,000 or any integral multiple thereof. The Authorized Representative shall file with the Depository a Letter of Representations to induce the Depository to accept the Series 1992 Bonds as eligible for deposit at the Depository. RESOLUTION - Page 2 (pp�psW¢d.aLh¢db-ref-92 eno.192 OCT 02 '92 13:57 RANKIN NERSEREAU & SHANNON - F.4 The underwriter for the Series 1992 Bond issue is authorized to provide the Depository with the Preliminary Official Statement, together with the completed Depository's underwriting questionnaire. The execution and delivery of the Letter of Representations and the providing to the Depository of the Preliminary Official Statement and the underwriting questionnaire shall not in any way impose upon the City any obligation whatsoever with respect to persons having interests in the Series 1992 Bonds other than the Registered Owners of the Series 1992 Bonds as shown on the registration books maintained by the Paying Agent and Bond Registrar. The Paying Agent and Bond Registrar, in writing, shall accept the book-entry-only system and shall agree to take all action necessary to at all times comply with the Depository's operational arrangements for the book-entry-only system. The Authorized Representative may take all other action to qualify the Series 1992 Bonds for the Depository's book-entry-only system. In the event: (a) the Depository determines not to continue to act as securities depository for the Series 1992 Bonds, or (b) the City determines that the Depository shall no longer so act, then the City will discontinue the book-entry-only system with the Depository. If the City fails to identify another qualified securities depository to replace the Depository, the Series 1992 Bonds shall no longer be a book-entry-only issue but shall be registered in the registration books maintained by the Paying Agent and Bond Registrar in the name of the Registered Owner as appearing on the registration books of the Paying Agent and Bond Registrar and thereafter in the name or names of the owners of the Series 1992 Bonds transferring or exchanging Series* 1992 Bonds in accordance with the provisions of Section 9 herein. With respect to Bonds registered in the registration books maintained by the Paying Agent and Bond Registrar in the name of the Nominee of the Depository, the City, and the Paying Agent and Bond Registrar shall have no responsibility or obligation to any participant or correspondent of the Depository or to any Beneficial Owner on behalf of which such participants or correspondents act as agent for the Registered Owner with respect to: (i) the accuracy of the records of the Depository, the Nominee or any participant or correspondent with respect to any ownership interest in the Series 1992 Bonds, (ii) the delivery to any participant or correspondent or any other person, other than a Registered Owner as shown in the registration books maintained by the Paying Agent and Bond Registrar, of any notice with respect to the. Series 1992 Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interest in Series 1992 Bonds to be redeemed in the event the City redeems the Series 1992 Bonds in part, or RESOLUTION - Page 3 acics�oa�,htaoas• �[•vzrew.iez OCT Be 'S'c 1 3.58 RRNKIIJ MERSEREAU 8.: SHRNNON P. (iv) the payment to any participant, correspondent or any other person other than the Registered Owner of the Series 1992 Bonds as shown in the registration books maintained by the Paying Agent and Bond Registrar, of any amount with respect to principal or interest on the Series 1992 Bonds. Notwithstanding the book-entry-only system, the City may treat and consider the Registered Owner in whose name each Series 1992 Bond is registered in the registration books maintained by the Paying Agent and Bond Registrar as the Registered Owner and absolute owner of such Series 1992 Bond for the purpose of payment of principal and interest with respect to such Series 1992 Bond, or for the purpose of giving notices of redemption and other matters with respect to such Series 1992 Bond, or for the purpose of registering transfers with respect to such Series 1992 Bond, or for all other purposes whatsoever. The City shall pay or cause to be paid all principal of and interest on the Series 1992 Bonds only to or upon the order of the Registered Owner, as shown in the registration books maintained by the Paying Agent and Bond Registrar, or their representative attorneys duly authorized in writing,and all such payments shall be valid and effective to fully satisfy and discharge the City's obligation with respect to payment thereof to the extent of the sum or sums so paid. Upon delivery by the Depository to the City and to the Registered Owner of a Series 1992 Bond of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee then the word "Nominee" in this Resolution shall refer to such new nominee of the Depository, and upon receipt of such notice, the City shall promptly deliver a copy thereof to .the Paying Agent and Bond Registrar. Section 4. PrinciRal Amount. The principal amount of the Series 1992 Bond shall be sufficient for the purchase of United States Treasury Obligations(the "Government Obligations") for deposit into the Escrow Deposit Fund under the Escrow Deposit Agreement between the City and the Escrow Agent and to pay the costs of issuance of the Series 1992 Bonds. Section 5. Optional Redemption. The Series 1992 Bonds may be subject to optional redemption at par value together with accrued interest to the date fixed for the redemption, in whole, or in part, in integral multiples of $5,000, and by lot within a maturity as determined by the Authorized Representative. Notice of redemption shall be published as provided by law and shall be given by registered or certified mail not less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption to the registered owners of each Series 1992 Bond to be redeemed at the address shown on the registration books of the Paying Agent and the Bond Registrar acting for and on behalf of the City. In addition, the notice of redemption shall be mailed to Moody's Investors Service, Inc., New York City, New York and to Standard and Poor's Corporation, New York City, New York. Section 6. PPMent of Series 1992 Bonds, If the book-entry-system has been discontinued, then the principal of the Series 1992 Bonds shall by payable upon presentation of the Series 1992 Bonds at maturity at the principal corporate trust office of the Paying Agent in Portland, Oregon, Payment of each installment of interest due each year shall be made by check RESOLUTION - Page 4 OCT 02 '92 13:59 RANKIN MERSEREAU R SHANNON P.6 or draft of the Paying Agent mailed on each interest payment date to the registered owner thereof whose name and address appears on the registration books of the City maintained by the . Paying Agent as of the close of business on the 15th day of the month next preceding any interest payment date. Section 7. Form of Series 1992 Bonds. The Series 1992 Bonds shall be issued substantially in the form as approved by the Authorized Representative. Section S. Appointment of PAyjgg Agent and Bonds Registrar. The Authorized Representative is authorized to designate a Paying Agent and Bond Registrar of the Series 1992 Bonds. The Authorized Representative is authorized to negotiate and execute on behalf of the City the Paying Agent and Bond Registrar Agreement. This Agreement shall provide for compliance with Oregon Administrative Rule 170-61-010. In addition, the City requests and authorizes the Paying Agent and Bond Registrar to execute the Certificate of Authentication as of the date of delivery of the Series 1992 Bonds. Section 9. Transfer of Series 1992 Bonds. If not issued in book-entry form or if the book- entry system is discontinued the Series 1992 Bonds will be issued in certificate form. Then the Series 1992 Bonds are transferable, or subject to exchange,for fully registered Series 1992 Bonds in the denomination of$5,000 each or integral multiples thereof by the registered owner thereof in person, or by the owner's attorney, duly authorized in writing, at the office of the Bond Registrar, The Bond Registrar shall maintain a record of the names and addresses of the registered owners of the Series 1992 Bonds. The records of the registered bond ownership are not public records within the meaning of Oregon Revised Statutes 192.410(4). All bonds issued upon transfer of or in exchange for Series 1992 Bonds shall be valid general obligations of the City evidencing the same debt and shall be entitled to the same benefits as the Series 1992 Bonds surrendered for such exchange or transfer. AU fees, expenses and charges of the Paying Agent and Bond Registrar shall be payable by the City. The Bond Registrar shall not be required to transfer or exchange any Series 1992 Bond after the close of business on the 15th day of the month next preceding any interest payment date or transfer or exchange any Series 1992 Bond called or being called for redemption. Section 10. Printing of Series 1992 Bonds. If the Series 1992 Bonds are not in book-entry form, then the Authorized Representative is authorized to contract for the printing of the Series 1992 Bonds. The Authorized Representative may provide for the printing of, in addition to the original issue of Series 1992 Bonds, if any, additional bonds to be printed in blank form as to registration and to be designated by appropriate number for the Bond Registrar for delivery to the registered owner upon transfer or exchange of Series 1992 Bonds. The additional bonds shall bear the dated date of the Series 1992 Bonds, shall be signed by the manual or facsimile signature, of the Mayor of the City and by the manual or facsimile signature of the City Recorder and the Paying Agent and Bond Registrar shall manually sign the Certificate of Authentication as of the date of delivery or transfer of the Series 1992 Bonds. RESOLIMON- Page 5 (pp)jpiYndVa6undu-ref-V24ua192 OCT 02 '92 14:00 RANKIN MERSEREAU R SHANNON P.7 Section 11. Tax L=and Pled". The City shall levy annually, as provided by law, a direct ad valorem tax upon all of the taxable property within the City in.sufficient amount, without limitation, to pay the principal of and interest on the Series 1992 Bonds promptly as they become due and payable, to the extent sufficient revenues are not available from other sources. The City covenants with the owners of the Series 1992 Bonds to pledge such ad valorem taxes in sufficient amount to pay the principal of and interest on the Series 1992 Bonds as they respectively become due and payable. Section 12. Covenant as to Arbitrage. The proceeds of the Series 1992 Bonds shall be used and invested in such manner that the Series 1992 Bonds shall not become "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and the applicable regulations. The City covenants that within its lawful powers, it will not do, and will refrain from doing, anything in the issuance of the Series 1992 Bonds and in the investment and expenditure of the proceeds thereof which would result in the interest on the Series 1992 Bonds becoming taxable for federal income tax purposes. Section 13. Compliance 3&ith RefundingPlan. The City shall enter into an Escrow Deposit Agreement for the establishment of an Escrow Deposit Fund to which shall be deposited sufficient proceeds from the Series 1992 Bonds to acquire Government Obligations to provide funds sufficient to pay the interest due and to pay at maturity or earlier redemption the principal amounts owing on the Prior Bonds after the date hereof. The Authorized Representative is authorized to designate and appoint an Escrow Agent to administer the Escrow Deposit Fund. The Authorized Representative is authorized to execute the Escrow Deposit Agreement for and on behalf of the City. Section 14. Irrevocable Call and Redemption of Prior Bonds. The Series 1983 Prior Bonds are first subject to optional call and redemption on March 1, 1994 at par value. The City does irrevocably call and redeem on March 1, 1994 at par value the principal of the Series 1983 Prior Bonds maturing March 1, 1995 to and including the final maturity of March 1, 2004 in the principal amount of$500,000. The Series 1985 Prior Bonds are first subject to optional call and redemption on September 1, 1995 at par value. The City does irrevocably call and redeem on September 1, 1995 at par value the principal of the Series 1985 Prior Bonds maturing September 1, 1995 to and including the final maturity of September 1, 2002 in the principal amount of $1,035,000. This irrevocable call and redemption of the Prior Bonds is subject to the sale and delivery of the Series 1992 Bonds and the full funding of the Escrow Fund as provided in the Escrow Deposit Agreement. Section 15. Effect of Refunding on Prior Bonds. The City determines that, upon deposit into the Escrow Deposit Fund of Government Obligations in an amount calculated to be sufficient to pay the interest on the Prior Bonds and the refunded principal of the Prior Bonds, such deposit shall fully defease the Prior Bonds. The funds on deposit in the Escrow Deposit Fund for the redemption and payment of the refunded principal of such Prior Bonds shall be deducted from the amount of outstanding indebtedness of the City. In addition, such refunded RESOLUTION - Page 6 walaFwaaa h�"ate-:�;.gcrao.isa I • OCT 02 '92 14:01 RRNKIN MERSERERU & SHAHNON P.8 principal amounts of the Prior Bonds shall be deemed fully defeased for the purpose of any statutory debt limitation. Section 16. Appointment of Expert A vijoK. Moore Breithaupt & Associates, Inc. is hereby appointed the Expert Advisor to the City for the issuance of the Series 1992 Bonds. Section 17. Preliminary and EYnal Official Statement. The City shall cause Moore Breithaupt & Associates, Inc. to prepare a preliminary official statement for the Series 1992 Bonds which shall be available for distribution to prospective investors. In addition, an official statement shall be prepared and ready for delivery to the purchasers of the Series 1992 Bonds no later than the seventh (7th) business day after the sale of the Series 1992 Bonds, When advised that the final official statement does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements contained in the official statement not misleading in the light of the circumstances .under which they are made, the Authorized Representative is authorized to certify the accuracy of the official statement on behalf of the City. Section 18. Closing of theme and Delivery of the Series 1992 Bonds, The Authorized Representative is authorized to negotiate with the Underwriter as to the terms and conditions of a Bond Purchase Agreement providing for the negotiated sale of the Series 1992 Bonds. The Authorized Representative is authorized to execute the Bond Purchase Agreement for and on behalf of the City and to execute such additional documents, including a Certificate as to Arbitrage, and any and all other things or acts necessary for the sale and delivery of the Series 1992 Bonds as herein authorized including the funding of the Escrow Deposit Fund for defeasance of the Prior Bonds. Such acts of the Authorized Representative are for and on behalf of and are authorized by the City. Passed by the City Council of the City of Ashland this 6th day of October, 1992. AYES NAYS ABSTAIN Signed and approved by the Mayor this 6th day of October, 1992. ATTEST: Mayor By City Recorder RESOLUTION • Page 7 crp?iae,t�a'wnmoaV-: r-v�W�a.ir