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1992-1020 Council Mtg PACKET
Imoo : nt: 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 20, 1992 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers Il. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of October 6, 1992. IV. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of October 24 - November 1 as "Red Ribbon Week" for a drug-free community. 2. Proclamation of October 18-24 as "Unity in Diversity Week". 3. Proclamation of October 30, 31 and November 1 to recognize the "Vietnam Veterans Memorial" in Medford. V. CONSENT AGENDA: I 1. Monthly Departmental Reports. 2. Appointment of Mayor Golden as voting delegate and Rob Winthrop as alternate for League of Oregon Cities Annual Meeting. 3. Status report on Council Goals for 1992-93. --•v~' 4. Airport financial status report. _-` 5. Memo from Director of Planning rega-rding modification of conditions concerning acquisition of Railroad Park. VI. PUBLIC HEARINGS: 1. P.A. 92-097, request for zone change and Comprehensive Plan Map change for property located southwest of the intersection of Mountain Ave. and Hersey St. near Williamson Way (Mahar Property). Zone change in accord with mediated settlement regarding this property. (Applicant: City of Ashland) 2. Appeal of Planning Commission's denial of P.A. 92-093, request for Conditional Use Permit for 3-unit traveller's accommodation, including owner's unit to be located at 366 B Street. Includes variance request to waive requirement that residence be 20 years old. Application also involves construction of new structure for residence and traveller's accommodation. (Applicants/Appellants: Steve and Doreen Johnson) VII. NEW & MISCELLANEOUS BUSINESS: 1. Request by Gary Schrodt for special Council meeting on October 22 to consider wetlands treatment proposal. 2. Memorandum from Fire Chief concerning request by Gayle Titus, 1 Hillcrest Drive for waiver of fire flow requirement for building addition. 1 3. Request by Energy Conservation Coordinator to approve Long Term Energy Smart Design Assistance Program, and Res'olut of n authorizing Mayor & Recorder to sign contract with B.P.A. 4. Memo from Energy Conservation Coordinator requesting Council approval of Local Conservation Plan. /5. Approval of annual performance evaluation criteria for City Attorney. ! 6. Approval of revised Primary Fixed Base Operator Minimum Standards for Ashland Municipal Airport. 7. Memo from City Attorney requesting that Council rescind acceptance of open space grant from Jere Hudson to correct defect in transfer. 8. Request from Councilor Arnold concerning waiver of transient occupancy tax for rooms rented to homeless persons; and a drive to collect sleeping bags/blankets for the homeless. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. Second 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 j15.04.025, 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. 2. Second reading by title only of an ordinance requiring certain multi-family dwellings, apartments, condominiums and mobile home parks to provide tenants and occupants with opportunity to recycle. l n 3. Second reading by title only of 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. 4. Second 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. 5. 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) 6. 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) 7. First reading of an ordinance amending AMC 2.04.090 to provide for reading of resolutions by title only. 8. Modifications to lease agreement with Mt. Ashland Association. 9. Authorization for Mayor and City Recorder to sign quitclaim deed for termination 000 of electrical easement near Paradise Lane. \ 10. Authorization for Mayor and City Recorder to sign Boundary Line Agreement with \v Randy & Laurie Warren, 209 Crowson Rd. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL OCTOBER 6, 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, Reid, Williams, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of September 15, 1992 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS: The following proclamations were presented: 1) October 1992 "Disability Employment Awareness Monthil; 2) October. 4 - 10, 1992 - "Mental Illness Awareness Week1l; 3) October 4 - 100 1992 - ('National Fire Prevention Week"; 4) October 3 - 10, 1992 - IlRecycling Awareness Week". Opportunity to Recycle Ordinance. Tim Bewley, Chair of the Ashland Recycling Task Force, said a goal of Senate Bill 66 is to reduce the solid waste stream by 50% by the year 2,000. Lois Wenker, Ashland Sanitary Service, said the ordinance is very flexible and the Task Force will work with property owners to provide recycling opportunities to all multi-family housing residents. The recycled products crafts fair will be held Saturday October 10 from 11-3 at the recycling center on Water Street. It was noted that Ashland Sanitary Service won/ the Oregon Sanitary Service Institute Award for being #1 in the State last year for recycling efforts. First reading of an ordinance requiring certain mulit-family dwellings, apartments, condominiums and mobile home parks to provide tenants and occupants with the opportunity to recycle. Reid moved to second reading, Arnold seconded and the motion passed unanimously on roll call vote. CONSENT AGENDA: Winthrop asked that item 3 be pulled for discussion. Arnold moved to adopt the remainder as follows: 1) Minutes of Boards, Commissions & Committees; 2) Memo from Fire Chief concerning National Home Fire safety Campaign; and 4) Modification of easements for Ashland Community Foodstore. Winthrop noted that item 3) Authorization for Mayor and City Recorder to sign Affordable Housing Agreements for project at Garfield and E. Main St. should read for the Poplar Place project on Patterson Street. He said this is the first project in which the developer is allowed to build additional units if a portion are guaranteed affordable for 30 years. Winthrop. moved to authorize signing of the agreements, Arnold seconded, all AYES on voice vote. PUBLIC HEARING: Additions to Ashland Heritage Landmarks List. A memo was read from the Historic Commission explaining that structures at the following addresses were inadvertently left off the list when it was prepared: 550 East Main, 568 East Main, 586 East Main and 598 East Main. The public hearing was opened and there was no comment, so it was closed. Reid noted a letter received from the owner of Regular Meeting - Ashland City Council - October 6, 1992 - P. 1 I I I 598 E. Main asking that his home not be included on the list, and said i the structure meets the criteria for inclusion. She then moved to include the four structures on the Heritage Landmarks List, Williams seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Split Roll Property Tax Initiative. A letter was received from the Medford/Jackson Co. Chamber of Commerce requesting that the Council adopt a resolution opposing Ballot Measure No. 7 . Laws moved to accept the letter and place it on file, Acklin seconded and the motion carried on voice vote. Water Supply Report. Public Works Dir. Hall said the Reeder Reservoir drawdown curve is still above average an& recommended remaining in Phase I of the Curtailment Ordinance. On a question from Williams, Hall said sluicing. won't be possible this year unless heavy snowfall occurs. Hall then asked for a special work session with Council and DEQ staff to review the DEQ standards prior to the November 17 Council meeting. Acklin moved to put this item on the agenda, Arnold seconded, all AYES on voice vote. It was agreed to hold the work session on November 10th at 7:30 P.M. in the Council Chambers. Ron Roth asked that environmental groups be notified in time to prepare input. Donation of land for open Space. A memo was read from the Parks Commission recommending that Council accept the donation of a 3/4 acre piece of pr perty located between the Ditch Road and Grandview Drive on the east/ slope of the hill which overlooks the Plaza. The donor wishes to remain anonymous. Arnold so moved, Laws seconded, all .AYES on voice vote. City Administrator's Monthly Report. Almquist reviewed the status of various City projects and will provide an update of Council goals on October 20th. PUBLIC FORUM: No response. ORDINANCES. RESOLUTIONS & CONTRACTS: Amend Title 15 of the A.M.C. First reading by title only of an ordinance amending Title 15 of the Ashland Municipal Code relating to building and other specialty codes and adding a new Section relating to notices of non-compliance for buildings and occupancies. (Copies provided in accord with the Charter) Winthrop moved to second reading, Arnold seconded, all YES on roll call vote. Site Design and Use Standards. First reading by title only of and ordinance replacing Chapter 18.72 of the Land-Use Ordinance with respect to implementing the recommended programs for commercial development standards. (Copies provided in accord with the Charter) It was agreed to postpone this item until clarification is made by Staff on several issues. i Regular Meeting - Ashland City Council - October 6, 1992 - P. 2 Adopt New Site Design and Use Standards. First reading by title only adopting new Site Design and Use Standards in accord with Section 18.72.080 of the A.M.C. (Copies provided in accord with the Charter) This item was postponed. C-1/E-I Amendments. First reading by title only of an ordinance completely replacing Chapters 18. 32 and 18.40 of the Land-use Ordinance. (Copies provided in accord with the Charter) Acklin moved to second reading, Laws seconded, all YES on roll call vote. Sewer Main Connection Exemption. First reading by title only of an ordinance amending Sec. 14.08..020 of the A.M.C. by exempting existing single-family dwellings from connecting to new sewer mains if such mains are financed through a local improvement district. Williams moved to second reading, Acklin seconded, all YES on roll call vote. Opposition to Ballot Measure No. 9. A resolution was read in opposition to Ballot Measure No. 9 which will appear on the ballot on November 3, 1992. Arnold moved to adopt same, Acklin seconded, all YES on roll call vote. (Reso. 92-49) Advance Refunding Bonds. Acklin moved to place on agenda, Arnold . seconded, all AYES on voice vote. A resolution was read 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. Arnold moved to adopt same, Williams seconded, all YES on roll call vote. (Reso. 92-50) OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 9: 00 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (d:\mts\10-6-92) Regular Meeting - Ashland City Council - October 6, 1992 - P. 3 c \ , y,n . w/� _ ..t m nv!' - '� f. vr uvt• ..�w ,,.• ..�/ £FS£F �I N�ff4it k . mchanation WHEREAS, the problems associated with drug use and alcohol abuse are prevalent in all our communities, regardless of their size or location, with average age of first use being 11.5 years for alcohol and 12.5 _ ears for illicit drug use; and HE ' WHEREAS, reversing this trend will not occur overnight, making it imperative r i that patience arid continued commitment to visible, unified `I ,!€ prevention efforts in reducing demand for drugs be supported byr < j §`iw = community members; and u, WHEREAS, the Oregon Federation of Parents for Drug Free Youth is joining the National Federation of Parents in sponsoring the Fifth Annual Red Ribbon Campaign to promote this effort; and .,. ilil'y WHEREAS, the 1992 Red Ribbon Campaign theme is "Neighbor b Neighbor, �iljjf 9 Y _a�lj)r Ribbon by Ribbon, We are United for Drug Free Youth" the E_ focus of which is strengthening parent/community networks to ,n J create an environment in which drug use is not tolerated. c c�v J� e 9 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ashland does hereby support October 24 - November 1, 1992 as RED RIBBON (Ej�j f WEEK and encourages each of its citizens to wear and display Red Ribbons to G : i symbolize our joint commitment to establishing adrug-free community and one in which we may take pride. �'Ey �s R BE IT FURTHER RESOLVED that this body encourages its citizens to serve as role models for its children by visibly and enthusiastically participating in alcohol �fjn and drug prevention education activities within the community. >~<!r k Dated this 20th day of October, 1992. " I =ice Catherine M. Golden ' Mayor 1/�r . .,tea rtr I Nan E. Franklin ' r City Recorder {�ff= lm i:v ...��yp♦ .'... .�y/ +..:.,.q J..n;"r0. a" rv,8r c= .. .�.. .+�. �� y^,v •:;.Face X' �. �"1Y1_ r i uw a ryvu 1,w m w J' -ta vu m,r ^k+u n�- - rynu fj} WHEREAS, The Earth is but one country, and mankind its ~f0 � citizens; and Im �f� . i_ WHEREAS, The evidences of discord and malice are apparent everywhere, though all were made for harmony and ar. union; and WHEREAS, The supreme need of humanity is cooperation ands°�i� : - reciprocity! . . the oneness of mankind . . . must be } universally upheld if this problem is to be Y P P overcome; and - eG .. s WHEREAS, Recognition of this truth requires abandonment of prejudice - prejudice of any kind - race, class, color, creed, nation, sex, degree of material rrtt civilization; everything which enables people to y, consider themselves superior to others; and WHEREAS, )The well-being of mankind, its peace and security, ..€3 . . D are unattainable unless and until its unity is firmly established. of NOW, THEREFORE, I, Catherine Golden, Mayor of the City of � Ashland, do proclaim the week of October 18 - 24, 1992 as: "UNITY IN DIVERSITY WEERIN �=y and do hereby encourage all persons to celebrate the i a diversity of the human family. P Dated this 20th day of October, 1992 . y :#. Catherine Golden ,A Mayor T.. S �+ Nan E. Franklin ` City Recorder WE 3 %/ MIND !`.-,u \� m w...`&�'mti`:.. -t m qW^ t ° 't= 2Z 1 WHEREAS, it has taken many years for our country to acknowledge and recognize t< „; the service and sacrifice of all who served in Vietnam; and WHEREAS, the Vietnam Veterans Memorial created and built entirely through 'man. private donations was dedicated in our nation's Capitol 10 years ago; r: €£€ " and "„ f(r=_ 1({j WHEREAS, a replica of the Memorial is traveling throughout our nation to allow _. Americans an opportunity to reflect upon and honor those who gave . ._4 -•° so much; and .: � WHEREAS, Jackson County will serve as home to the "Moving Wall' on October = „t 1 30, 31 and November 1, 1992 at Memory Gardens Memorial Park. ?'{ NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland, do =::z hereby join ith the citizens of this City in recognizing the E : "VIETNAM VETERANS MEMORIAL" a7' in Medford, Oregon and furthermore set aside the period of October 30, 31 and November 1, 1992 as a time to honor and reflect upon the sakes made by those patriots who served their country during the Vietnam War. �. Dated this 20th day of Octobe r 1992. "cd ai � �F Catherine M. Golden gar Mayor M Nan E. Franklin ; gnu City Recorder . l� a .. „°--',n a rrt.—.•"d`� �s'� 1 t ! 1 pv �:i" V r Oii' r�ac:��L �tir\•'V.n" � '! �\ �C,. �.� N'rb� !'�'�_.� �"MW�� ! s.r�Y rFN i I I OG j �✓�mds� �J- a«de.ze, �.��rrrakci� �a�� P� ��lar4f ccz.� 1395 ARNOLD LANE/MEDFORD,OREGON 97501 TELEPHONE(503)773-7338 I September 24, 1992 i The Honorable Mayor City Hall Ashland, OR 97520 To The Honorable Mayor: As you may know, a 240-foot replica of the Vietnam Veterans Memorial will be exhibited October 30, 31 and November 1, 1992 at Memory Gardens Memorial Park. To launch this opportunity for our citizens to experience The Wall, we are requesting a mayoral proclamation designating Saturday, October 31, 1992 as Vietnam Veterans Day. This project, which will tour the country over the next 24 months, was developed in an effort to give all Americans an opportunity to have the "Vietnam Wall Experience," even though they may not have the chance to visit I the memorial in Washington, D.C. i To date, The Wall has received enthusiastic response from large metropolitan areas and smaller communities, alike. During the exhibit in our community, we look forward to full participation from all veterans groups as well as the involvement of numerous civic organizations, public and private schools and active duty military units. To many of our citizens, a visit to The Wall will be an emotionally cathartic experience. To others -- especially, those younger residents -- it will be an . j educational opportunity and a chance to see, first hand, the names of those who gave the ultimate sacrifice in the name of democracy. I, personally, invite you to attend any of the ceremonies scheduled during the "Vietnam Wall Experience." It promises to be a very meaningful and worthwhile opportunity for the citizens of our cammunity. iSincerely, Shannon L. Bewley General Manager mlh MUNICIPAL COURT VIOLATIONS BUREAU STATISTICAL REPORT SEPTEMBER - 1992 CASES FILED: TRAFFIC VIOLATIONS 231 FORMAL COMPLAINTS 62 TOTAL 293 CASES CLOSED: TRAFFIC VIOLATIONS 271 FORMAL COMPLAINTS 78 FINES SUSPENDED 11 DISMISSED (71) 174 FOUND NOT GIIILTY 1 WORK DETAIL @ 21 DAYS 5 JAIL SENTENCE @ 343 DAYS 10 TOTAL 550 APPEARANCES: BUREAU 422 COURT: TRAFFIC CITATIONS 52 FORMAL COMPLAINTS 51 PLEAD NOT GIIILTY 16 PARKING 0 TOTAL 541 ----------------------------------------------------------------- TRIALS: TRIALS HELD 25 DIVERSIONS: PERSONS PLACED ON 126 PROBATION: PERSONS PLACED ON 53 ----------------------------------------------------------------- (REPORTI) ASHLAND MUNICIPAL COURT MONTHLY ACTIVITY REPORT UTCIS FC18 CASES TRIALS TRIALS RECEIPTS MONEY ENTERED ENTERED ENTERED SET HELD ISSUED RECEIVED •JAN 203 76 875 7 10 242 13,961 •FEB 143 50 366 15 15 204 10,536 •MAR 215 45 420 23 13 375 15,856 *APR 215 59 511 6 11 264 13,740 OKAY 159 45 609 23 9 227 13,398 •JUN 226 70 545 33 10 250 12,717 •JUL 228 37 574 37 13 237 13,376 *AUG 239 59 530 13 34 259 16,037 •SEP 231 62 704 16 25 292 24,765 •OCT •NOV •DEC •YTD 1,859 503 5,134 173 140 2,350 134,386 * CASES/CITATIONS ARE ENTERED (TYPED INTO THE COMPUTER) DAILY FOR ANY OF THE FOLLOWING REASONS: CONTINUANCE OF CASES - PAYMENT SCHEDULES SET-UP - CITATIONS PROCESSED - MONTHLY/WEEKLY PAYMENTS MADE - DIVERSIONS (INITIAL/OR RECHECK STATUS AFTER 6 MONTHS) - SEATBELT/DRIVER AWARENESS CLASSES SET-UP - SUSPEND (COURT ACTIONS AGAINST DRIVER LICENSE) - PROCESS CASES FOR COLLECTION AGENCY -TRIALS SET/RESET - JAIL COMMITMENTS - WARRANTS FOR ARREST --------------------------------------------------------------------------- LETTERS TYPED/SENT FOR: CONTINUANCE OF CITATION 55 TRIALS SET/RESCHEDULED 12 DIVERSION REQUESTS 28 PAYMENT SCHEDULES 18 SEATBELT/DRIVER AWARENESS CLASSES 17 MISCELLANEOUS 16 TOTAL 146 (REPORT) APmoranAnm pREGO October 9 , 1992 `CID: r Mayor and City Council rum: Steven M. Hall, Director of Public Works ifly ' �1I�IjEt#: Monthly Reports Enclosed are the monthly reports for the Public Works department for the month of September, 1992 . SMH:rm\PN\MORPT.mem� / City of /Ishlaod � Fleet Maintenance | / September 1792 Report -- � E. mechanics completed work on 110 work orders | for various types of city equipment and vehicles.The divisions and � departments involved are as follows: � | Administration � 0 Building : 1 1 Cemetery: 6 |� Commvnity Service Volunteer 0 -|' / Flectric : 13 � � Energy: 1 � Engineer�ng : ' 1 | / r � Fire: 4 Police: 18 F. W.#1 � 1 Senior Van ; 1 Shop. 1 . Street: 31 ( | Warehouse, 3 � Waste-Water 4 | Water; 22 | � Airport 0 / � MISC. 0 / ' The cmergencly generators at City Hall and the Civic Center- were 'manually tested week.ly. | l I and M certificates issued for the month- City of Ashland : 1 - | SO3C ; 1 � | ^ ^ ` ' , . ° City of Ashland Street Division September 1992 Report ---- SWEEPER: Swept 380 miles. Collected 83 yards of debris. Responded to 144 utility location requests. ' Graded several streets and alleys . ` Patched potholes and sunken services" Prepared and pre-patched Alida St. . Re-surfaced Aljda St. . Prepared and pre-patched ' C' St. from 5th to 6th. . Re-surfaced 'C' St. from 5th to 6th. . Repaired ,alley above ' C' St. between 5th and 6th. . Prepared and pre-patched 7th St. from E. Main to ' A' Sts" ^ Prepared Hersey St. from Ann to Mountain for paving . Paved Hersey St. from Ann to Mountain . Paved 25 ft^ of Lynn St, and repaired several driveway, approaches on Hersey St, in conjunction with the paving of Hersey St. . Re-surfaced 7th St, from E. Main to ' A' Sts. . Repaired intersection of ' C' and 8th Sts. , Repaired intersection of Jennifer and Herbert Sts. . Paved intersection of Scenic and Grandview Drs. . - Patched large area on Nob Hill at Scenic Dr. . SIGNS: Installed all proper signs in the new 2nd St . parking lot. Re-set all signs on the newly paved section on Hersey St. . Added several "NO PARKING" signs on Garfield between Iowa and* Siskiyou. Repaired stop sign on Holman at Hersey Sts . . STORM DRAINS: - Cleaned off basins. ` Un -plugged basin at 633 Morton Sti . -- MISC. : Continued painting. Picked up several wood stoves for the Energy Dept. . Picked up 38.4 gals. of CSS-1 at Morgan Emul-Tech in White City. Hauled off sweeper pile. Cut brush in Merrill sub-division . Raised man-holes and valves in conjunction with our re-surfacing program. - - Replaced short section of curb and gutter in driveway at 843 So. Mountain Ave . . Cleaned up paving equipment for the winter. ' KPicked up 5.76 tons of sand from iiningers" Sand-sealed all paLching and j6ints on re-surfaced streets. Cleaned up equipment and facilities on a weekly basis. Helped in shop when needed . Held monthly safety meeting . Special guest this month: City Council Rbb Winthrop. person n rop. Water Quality Monthly Report September 1992 Water: Repaired 2 leaks in City owned water mains. Repaired 15 leaks in customer service and or meter. Repaired 1 TID leak. Repaired 1 Lithia leak Changed out 9 3/4" water meters. Installed 11 new water meters with hand valves. Installed 2 customer hand valves. Changed out 8 broken or leaking curb stops. Replaced 2 2" leaking valves in front of meters. Repaired 1 fire hydrant and replaced 1 hydrant. Installed 18 3/4" water services and two 1" services. j Split two existing water services into four services. 1 Replaced leaking 3/4" water service from main to meter. Installed new handicap drinking fountain at the Plaza. Installed new 8" tap for new subdivision off Terrace St. Sewer: Installed 3 new 4" sewer laterals. Replaced 5 old 4" sewer laterals. Rodded 2198% of city sewer mains using 7000 gallons of water. Used the camera system to record 4761 of City sewer mains. Repaired 3 sewer mainline problems. Responded to 5 sewer main line and service calls. Miscellaneous: There were 134 requests for utility locate calls. There was 122.80 million gallons of water treated at the water Treatment Plant and 45..47 million gallons of water treated at the Waste Water Treatment Plant. We used 75 yards of 3/4" minus rock at various chambered. i i i ENGINEERING REPORT for the MONTH OF SEPTEMBER 1992 1. Issued 24 street or alley excavation permits. 2. Issued 5 miscellaneous construction permits. 3. Issued 1 dust suppressant permit. 4. Issued 1 curb painting permit. 5. Issued 4 address change applications. 6. Responded to 9 certificate of occupancy reviews. 7. Performed field and office checks on 4 land partition plats. 8. Performed field and office checks on 1 subdivision plat. 9. Four staff members toured an asphalt patch plant in Medford. 10. One staff member attended a 2 day workshop on AUTOCAD software. 11. Performed the following work on the Tolman Creek Road project: a. prepared punch list of items to be completed, b. inspected work performed by contractor, C. measured quantities of work completed, and d. met with various property owners concerning final approval. 12. Performed the following work on the Tolman Creek Traffic Signal: a. distributed approved plans to interested parties, and b. acquired information and data for preconstruction conference and construction start up. 13. Performed the following work on the Lithia Springs Survey project: a. located newly constructed road, b. determined south property line, C. met with City officials - Re: driveway encroachment and fence removal, d: located camp site on property, and e. continued boundary survey. 14. Applied to Jackson County Public Works and/or O.D.O.T. for the following permits: a. Tolman Creek Road, and b. Siskiyou Blvd. I ' Engineering Report for September 1992 i Page a- 15. Engineering staff attended several sessions of the APWA Fall Conference at Ashland Hills Inn. 16. Responded to 2 claims for damages within the City. 17. Performed the following work concerning the Terrace Pines Subdivision: a. inspected work performed by contractors, b. reviewed alternate to storm drain plan, and C. reviewed storm drain easement. 18. Operated traffic counters at several locations. 19. Completed space needs analysis for the Engineering Division. 20. Performed the following work on the 1992 Storm Drain project: a. measured quantities and approved progress payment, b. inspected work performed by contractor, and C. staked and computed grades for the Clinton Street section. 21. Performed the following work on the Northwest Area Waterline project: a. inspected work performed by contractor, and b. reviewed and approved progress payment. 22. Performed the following work on the Digester Roof Repair project: a. reviewed bids submitted, b. prepared bid report, C. awarded contract to low bidder, and d. prepared contract documents. 23. Referenced monumentation along numerous streets. 24. Sent notice to the Granite Street residences concerning the waterline construction project. j 25. Updated City Street Index map. 26. Updated City storm drain maps. i 27. Began formation of the 1992 Miscellaneous Concrete Project. j 28. Inspected construction on the following subdivisions: a. Logan Drive, Phase II, b. Roca Canyon Subdivision, and Engineering Report for September 1992 Page,3 C. Summitview Subdivision, Phase II. 29. Performed the following work on the Poplar Place Subdivision: a. held pre-construction conference, and b. reviewed project plans. 30. Prepared final payment for Ashland Loop Road Improvement. JHOm\s pt.rpt r League of Oregon Cities Local Government Center, 1201 Court St.N.E., P.O. Box 928, Salem 97308•Telephone:(503)588-6550,, 1-800-452-0338 toll free:FAX:378-5859 October 6, 1992 TO: City Managers/Recorders FROM: League of Oregon Cities Enclosed are the voting delegate and equipment exchange forms. These forms need to be completed and returned to the League office by Friday, October 30. Please note that delegates may not vote without a voting card, and voting cards will be issued only to the person on the form. Voting by proxy will not be permitted. The voting cards will be available the morning of the 16th, prior to the business meeting. Thank you for your cooperation. JR/hs OFFICERS:Joe McLaughlin,Mayor,Pendleton,Pmldant•Mike DIRECTORS:Craig Mien,Counellor,West Unn•Candace Barba,Mayor,Greens Pass,/mmedeas Post President•M Brovn,City Lindberg,Commissioner,Portland.VictrPreaident•Charles Vies, Manager,Ontario•Jerry Edwards,Mayor,Tigard•Roger Jordan,CIry Manager,Dallas•DI Lyn Larsen-1911,Mayor is o-Tam,le Mayan.Corvallis,Treseurer•Richard Townsend,Eseeud"Dlnictor. Grande•Randy MacDonald.DoundlM,Eugene•Susan Real,Coundlor,Ashland•Marlon Rossi,Meya,Independence. LEAGUE OF OREGON CITIES 1992 ANNUAL CONFERENCE AND BUSINESS MEETING Designation of Voting Delegate At Annual Business Meeting The annual business meeting will be held Monday,November 16, at 7:30 am. Each city is entitled to cast one vote at the business meeting; all city officials are encouraged to attend. i Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Monday morning prior to the business meeting. NOTE: Delegates may not vote without a voting card and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. VOTING DELEGATE Name Title ALTERNATE Name Title Submitted by: (Signature) i Name (Print) t Title I City Telephone i l' Return by October 30 to: I League of Oregon Cities P.O. Box 928 Salem, OR 97308 . v+:GF AS11, o . Aemorttudum September 30, 1992 GREGO� ELI: Honorable Mayor & City Council r rIIm: Brian L. Almquist, City Administrator u�IQtl: Status of 1992 Goals GOAL 1. REVIEW OF LAND-USE PROCEDURES. Restructure our land-use hearing procedures to improve their efficiency, fairness and predictability. Completed. GOAL 2. WATER CONSERVATION. Implement water conservation programs. The 1992-93 Water Budget includes funding for a pilot program including a half-time Water Conservation Analyst, plus a $20, 000 appropriation for the following: 50 residential toilet rebates $3750 200' showerheads for gas homes 1000 20 commercial toilet rebates 3300 200 dual flush toilet devices 3200 800 hours temporary help for audits 8750 This will be an ongoing program, and depending on the results of the above pilot program, a more aggressive program may be proposed. GOAL 3. CAPITAL IMPROVEMENT PROGRAM UPDATE. Review, prioritize and adopt a schedule of projects in the updated C. I.P. , and carry out a program to communicate this plan to the public. The draft C.I.P. is scheduled for presentation to the Budget Committee and Council on November 19. (see schedule adopted on October 12) GOAL 4. NORTHWEST ASHLAND WATER SUPPLY. Develop a strategy to resolve water supply problems in Northwest Ashland. Construction of pipeline is at the 60% point and should be completed about November 6. Plans and Specifications for the Hitt Road Reservoir will go to bid about January 1st and will take about 12 months to complete after the bid is awarded. GOAL 5. FIRE AND FOREST MANAGEMENT PLAN. Work with public and ;private entities to develop a fire and forest management strategy for lands in and adjacent to the Ashland Watershed. STRATEGIC ISSUES MARCH 1992 HOW DO WE DEVELOP A COMMUNITY HEALTH CARE SYSTEM? HOW DO WE ANTICIPATE/IDENTIFY COMMUNITY'S HUMAN SERVICE NEEDS? CAN WE DEVELOP AN OUTCOMES-BASED BUDGET THAT IS BETTER THAN CURRENT SYSTEM? HOW DO WE PLAN GROWTH AND MAINTAIN QUALITY OF ASHLAND COMMUNITY? SHOULD WE LIMIT LARGE-SCALE COMMERCIAL DEVELOPMENT? SHOULD WE LIMIT/PROMOTE ADDITIONAL TOURISM? i SHALL WE USE FACILITIES PLANNING TO MANAGE GROWTH? SHOULD WE PROMOTE ECONOMIC DIVERSITY AND TO WHAT DEGREE? HOW DO WE DEVELOP AN INTEGRATED, SEAMLESS, EFFICIENT OPERATING SYSTEM INCLUDING: (GOVT ORGANIZATION) NATURAL RESOURCES HUMAN RESOURCES FINANCIAL RESOURCES AND WHICH CAN BE MONITORED, MEASURED AND EVALUATED? HOW DO YOU COMMUNICATE MORE EFFECTIVELY WITH PUBLIC? (2-WAY) CITIZEN OWNERSHIP DOES OUR REVENUE STRUCTURE NEED TO BE RE-STRUCTURED. WHAT IS PROJECTED FUTURE OF ELECTRIC SYSTEM? WHAT ARE THE OPTIONS? WHAT ALTERNATIVES ARE THERE FOR REVENUE SOURCES? HOW CAN CURRENT OPERATIONS BE MORE EFFICIENT? SHOULD SERVICES BE PRIORITIZED? HOW CAN WE USE MORE EFFECTIVE MANAGEMENT STYLES? TO WHAT DEGREE ARE WE USING THEM NOW? HOW DO WE DEVELOP A MULTI-MODEL TRANSPORTATION SYSTEM THAT WILL REDUCE CONGESTION, CONSERVE ENERGY, AND MEET NEEDS? HOW DO WE FINANCE FOREST MANAGEMENT PLAN? HOW DO WE PLAN FOR RE-DEVELOPMENT OF RAILROAD/HERSEY DISTRICT? HOW DO WE DEVELOP A COMPREHENSIVE STRATEGY FOR DEVELOPING AFFORDABLE HOUSING? i I I i Ashland Municipal Airport Statement of Revenues and Expenses For the month of September 1992 (1) Basis of accounting used is full accrual, where income reported when earned and expenses are reported when incurred. The report is for the period beginning September 1, 1992 and ending September 30, 1992 . a.Operating Income includes $525. 00 in uncollected Hanger and Tie-Down Rentals as well as $6, 000. 00 in Operating Expenses payable. b.Non-Operating expenses are ongoing expenses of the Airport will continue regardless of management policy. (2) Cost of Fuel includes: Fuel on hand at August 31, 1992 $ 4 , 697 . Plus Purchases 12 , 860 Less ending Inventory 8, 337 $ 9,220 (3) City management annual charges put to bear on Ashland Municipal Airport by the City of Ashland and it's Components consist of: Central Service Charge $ 8, 600 Insurance Service Fees 2 , 000 Debt Service requirements (T-Hanger acquisition) 20, 000 Grounds Maintenance (APRC) 5, 360 ------------ $ 35,960 Monthly Equivalent 2 ,997 Ashland Municipal Airport Statement of Revenues and Expenses For the month of September 1.992 Revenues: Operating Revenues: $ 10,913 Fuel Sales ' Rental Income t 2, 195 Hangers 1, 058 Monthly Tie-Downs 538 Daily Tie-Downs ___ Total Operating Revenues 14,704 Cost of Operations: 9, 220 Fuel (2) Net Operating Revenue 5,484 Expenses: 2, 331 Wages and Salaries 189 Payroll Taxes 370 Maintenance 725 Utilities 540 Office supplies _ Total Expenses -------4, 155 Net Operating Income (Loss) 1, 329 Non-operating Revenue: 150 Miscellaneous Income 10 Interest Earnings ___ Total Non-Operating Revenues 160 Non-Operating Expenses 2 ,997 City Management Charges (3) 18 FBO Advertising 22 Travel Expense _____ Total Non-Operating Expenses _------3 , 037 Net Non-Operating Income (Loss) -----(2 , 877) Net Income (Loss) $----_(1, 548) I oft A.Ss, Memorandum '.OREGO ,. October 15, 1992 T a. Ci y Council raw: Planning Director p�UIIjPCt: Condition of Approval regarding acquisition of railroad park This past summer, the City Council approved a subdivision of the Southern Pacific-owned property along "A" Street. As part of the conditions of approval of that action, the City reserved a portion of the land for acquisition as a neighborhood park. The condition relating to this acquisition is as follows: 14) That the area described as Lots 10,11,12,13,14,15 & 16 on the tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a period of one year from the filing of the plat, for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18.80.020.G.1. Southern Pacific has indicated, through their agent Donna Andrews, that it was their understanding that the City would have the right to acquire the land for one year from the date of approval rather than from the filing of the plat. This is a substantially shorter period of time, but Staff concurs that the intent of the negotiations at the time of the subdivision hearings was that the City would have reservation rights for one year from the approval date. Discussions with Ms. Andrews have indicated that if the City chooses not to modify this.condition to reflect the original agreement, that Southern Pacific may choose to not proceed with the subdivision, denying the City the opportunity to purchase the park land. Therefore, we believe that in order for the agreements to remain in effect and to keep negotiations moving in a forward manner, the condition should be modified to reflect the intent mentioned above. Staff recommends the following condition: 14) That the area described as Lots 10,11,12,13,14,15 & 16 on the tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a time period ending July 1, 1993, or on the date the final plat is recorded, whichever is later, for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18.80.020.G.1. i The Planning Staff is requesting your approval to proceed with the ordinance procedure to modify this reservation. Modifications of conditions of approval are required to follow the TYPE I procedure, with administrative approval by the Staff Advisor, then notice to surrounding property owners (and all parties involved in the original subdivision approval' notifying them of the approval by the City, and informing them of their right to request a public hearing on the matter. After you have reviewed this request, Staff will prepare the appropriate documents and process the application, should you concur. i i i f I Contents of Record for Ashland Planning Action 92-097 REQUEST FOR A ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FOR THE PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF MOUNTAIN AND HERSEY STREETS, NEAR WILLIAMSON WAY (MAHAR PROPERTY). ZONE CHANGE INVOLVES CHANGE FROM E-1 TO R-2 AND R-1-3.5 P. ZONE CHANGE IN ACCORD WITH THE MEDIATED SETTLEMENT REGARDING THIS PROPERTY. COMPREHENSIVE . PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #: 04DC; TAX LOT. 3502. APPLICANT: CITY OF ASHLAND Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Minutes of Planning Commission Meeting 8/11/92 . . . . . . . . . . . . . . . . . . . 2 - Planning Department Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Mediation Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Mediation Exhibit "A" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . 11 Mediation Exhibit 'B" . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . 12 i Notice is hereby given that a PUBLIC HEARING on 'he objection is based on also precludes your right ofappealtoLUBAon that criterion. the following request with respect to the ASHLAND A copyofthe application,all documents and evidence relied upon by the applicant and LAND USE ORDINANCE will be held before the applicable criteria are available for inspection at rw cost and will be provided at I reawubleooat,ifrequested.A oopyoftbe staffteport will be available forinspuaioo ASHLAND PLANNING COMMISSION on s evendaysprimtothebear i ngand,„ubepmvidedatreasombleonst ifregnested Nl thel I TH DAY OF AUGUST, 1992 AT 7:00 P.M. materials are available at the Ashland Planning Department,City Ha11,20FwaMain, at the ASHLAND CIVIC CENTER, 1 175 East Ashlan40R 97520. Main Street, Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and Owsemattendanaconcemingthisrequ est.The Chair shall have the right to limit the length ofteslimony and require that comments be restricted to the applicable criteria Theordinweecriteriaapplicableto this applicationarcattachedmthis notice.Oregon law slates that failure to raise an objection concerning this application,either in person If you have any questions or comments concerning this request,please feel free to or by letter,or failure to provide sufficient specificity to afford the decision maker an contact Susan Yates at the Ashland Plannin opportunity to respond to the issue,precludes your right of appeal to the Land Use 8 Department,City Hall,at 488-5305. Board of Appeals(LUBA)on that isuct Failure to specify which ordinance criterion ? C O d�1GA CV Z QT < C 1St �oN - z ST PA I RSON ST. ri Z bS J HERSEY F r ° zot:e E � - cwartye 1 o IJ� 2 t c� Spy "li � ~ 'Af • , r�� c..L � i y \ I 99 �viti eY 9x C. lb ; o s � z 99 Lt 3 sr 2 lz S�EUREKA I0 Y O PLANNING ACTION 92-097 is a request for a zone change and comprehensive plan map change for the property located southwest of the intersection of Mountain and Hersey Streets near Williamson Wa y (Mahar Property).rty). -Zone change involves change from E-1 to R-2 and R-1-3.5 P. Zone change in accord with the mediated settlement regarding this property. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 9AB; Tax Lot: 6400; Assessor's Map #: 4DC; Tax Lot: 3502. APPLICANT: City of Ashland do ntown. Spa ific location emed dang ous to traffic pon site vis . Hi ert heard n ghbor's con ms. Need set standar and this w' take time. Ap licant needs o research a d submit for lanning Sta review. M inger agree about settin standards. ad difficulty conomically nd en ironmentally ith huge RV and did not ant to enco age them. Bi ham had di culty with th large total o RVs next to residential ea. He was ag inst RV park if they had t be dense t be economi Ily viable. CI r was again t action give Ashland's t ography an the limitatio of E-1. Staff ne ded to look ' to what oth cities do. was surpris d at the co issions en ouragement t the June eting. Ar itage was a inst idea. Th mpson felt t at an Ashlan RV park w Id be closet public tran ortation and th fore redu the amount RVs down wn. He was n favor. Ja is did not a ee with argu ent that a park would roduce mo traffic. Her cc cern was wi putting the in E-1 zone nd also dis rees with ru I use ar ment. She grees with ncept. C R MOVED O CONTIN THE ME E ING UNTIL 1:30. MOT I NED S ONDED A CARRIED. Ja is remarked hat Staff did of have tim to research nd write Ord ance and C missioners id not want pplicant to it. HI BERT MO D TO DEN DOPTION F THE OR NANCE AS RESENTED. M TION SEC DED AND NANIMOU Y CARRIE PLANNING ACTION 92-097 IS A REQUEST FOR A ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FOR THE PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF MOUNTAIN AND HERSEY STREETS, NEAR WILLIAMSON WAY (MAHAR PROPERTY). ZONE CHANGE IN ACCORD. WITH THE MEDIATED SETTLEMENT REGARDING THIS PROPERTY. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT, ZONING: E-1; ASSESSOR'S MAP #:9AB; TAX LOT: 6400; ASSESSOR'S MAP #: 4DC; TAX LOT: 3502. ASHLAND PLANNING COMMISSION 14 REGULAR MEETING MINUTES AUGUST 11, 1992 - i APPLICANT: CITY OF ASHLAND I Exparte Contacts and Site Visit Cloer, previously on CPAC, was interested in E-1 development and was a proponent for approval of Mahar project. Armitage had site visit. Thompson visited site and had lunch and visit with Mahar with brief discussion on merits of mediation and the length of the process. Bingham visited site and noticed slope and native grasses. i Powell had site visit. Carr had site visit and originally voted against. Conversations with Joe Murphy about mediation. Jarvis, site visit, discussion with mediator about mediation agreement. STAFF REPORT McLaughlin stated the applicant had begun action in April of 1988. Staff initially argued design and after agreement was in favor of project. Four years have passed and the mediation process was necessary for agreement. As per Agreement (13), the City has agreed to pursue a zone change for the property in accord with maps (Exhibits A and B) included in packet. Previously City approved apartment complex with E-1 subdivision development. Through mediation a different development evolved as a benefit to neighborhood and 1 City. The proposed zone change is logical because of sloping hillside. R-1-3.5 would i control density and R-2 on upper part of lot would allow for different density. The number of units varies from 49-62 units in R-2 (depending on density bonuses), the R- 1-3.5 is 32 units with requirement for open space. i E-1 land had been adopted by the Commission and forwarded to the Council for action on August 18. E-1 zone will not permit residential development on this land. An RR? overlay doesn't extend to this area. I Zone change complies with previous approval and includes issues regarding open I ASHLAND PLANNING COMMISSION is REGULAR MEETING MINUTES AUGUST 11, 1992 I 3 portion being zoned E-1, inventories and suitability. Staff recommends for the zone change. PUBLIC HEARING JOHN HANSEN, 129 N. Oakdale, Medford, attorney for Mike Mahar, Mayor suggested mediation and process was worthwhile. Plan of development for zone change and is appropriate for R-1 being located on the hillside with E-1 on the flat part. Applicant agreed E-1 would not be used for residential purposes. MARTY McCALLOUS, 394 E. Hersey Street, mediation group member, was in favor of zone change. BRUCE ABELOE, 816 W. Tenth, Medford, recommended mediation as a process and was in agreement. MIKE MAHAR, 1014 N. Riverside, Medford, agreed that the four years of mediation was worthwhile. COMMISSIONERS DISCUSSION AND MOTION Jarvis agreed with the benefits of mediation. MEDINGER MOVED TO APPROVE 92-097 WITH NO CHANGES. MOTION SECONDED AND UNANIMOUSLY CARRIED. OTHER August Study Session date was set for Tuesday, August 25, 1992, at 7:30 p.m. Hearings Board Assignments for September, October, November, and December is Brent Thompson, Hal Cloer, and Michael Bingham with Hal Cloer and Larry Medinger trading places in September. ADJOURNMENT The meeting was adjourned at 11:35 p.m. ., ASHLAND PLANNING COMMISSION 16 REGULAR MEETING MINUTES AUGUST 11, 1992 y i ASHLAND PLANNING DEPARTMENT STAFF REPORT August 11, 1992 PLANNING ACTION: 92-097 APPLICANT: City of Ashland LOCATION: Southwest of the intersection of Hersey/Mountain, near Williamson Way (Mahar Property). ZONE DESIGNATION: E-1 I COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.108 i i REQUEST: Zone change from E-1 to R-2 and R-1-3.5 P for a portion of the property. I. Relevan 4 Facts 1) Background - History of Application: This property has a long and colorful history of land use in Ashland. The original applicant (Mike Mahar/Pacific Trend) received approval for an apartment complex on this property. That approval was appealed to LUBA, and remanded to the City. The parties involved ultimately went to mediation in an attempt to resolve the conflicts. An agreement was reached regarding the development of the property, and that agreement is included in the packet. 2) Detailed Description of the Site and Proposal: I In reaching the mediated agreement on this property, the City of Ashland agreed to pursue a zone change for the residential portion of the development. This is indicated as Item 13 in the agreement, and the zone change is indicated in Exhibits "A" and "B". Basically, the request involves taking the area agreed to for residential i development and re-zoning to a residential standard consistent with the agreed to level of development. The area along Hersey Street has been indicated to develop under the R-1-3.5 zone, while the area in the middle property has been indicated to develop under the R-2 zone.. II. Project Impact The City is very happy to be initiating this zone change, following the mediated agreement. It provides the density protection requested by the neighborhood for the long term, while also protecting the property owners interest in pursuing residential development in this area. This zone change essentially follows the previous approvals, rezoning the area for residential development that was approved under the CUP process on E-1 lands. All of the findings supporting the CUP would also support the zone change (sloping lands; inventories, etc...). But beyond that, this rezoning represents the reaching of a consensus and agreement in the neighborhood regarding the development of this property. This is probably more important in the land use process than the specific criteria and findings used to make the original decision. III. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment are as follows: Type III amendments are applicable whenever there exists: a public need, the need to correct mistakes; the need to adjust to new conditions; or where compelling circumstances relating to the general public welfare requires such an amendment. The evidence in support of this zone change request was previously presented as part of the Conditional Use Permit application. Basically, it involves the unsuitability of the sloping portion of the property for employment development, and that there is adequate land within the E-1 inventory to support further commercial expansion without requiring this land. Staff believes that this, information applies to the need to adjust to new conditions, since these points are new since the original zoning of this property. IV. Conclusions and Recommendations Staff strongly recommends approval of this application, in accord with the mediated agreement reached regarding the development of this property. b if MEDIATION AGREEMENT The parties of the Hersey/Mountain dispute hereby agree to the following terms of the mediated settlement: (1) The parties agree to the general uses and layout of the property as defined on the attached map (referred to as Exhibit A). (2) The residential portion of the property will be comprised of a maximum of 76 residential units. (3) 18 out of.the 76 residential units may be apartments. No additional apartments will be permissible. (4) The 18 unit apartment complex will be located next to Hersey Street and side of the property closest to Mountain Avenue. (5) Adjacent to this section of apartments will be a condominium complex with a maximum of 10 units as per Exhibit A. I (6) The remaining 48 condominiums will be located as per Exhibit A. I (7) The road which accesses the E-1 subdivision and the private drive is also mutually agreeable by the parties. This general layout is defined on Exhibit A. (8) The only access off Hersey Street will be the ingress/egress to serve the apartments and the condominiums along Hersey Street nearest Mountain Avenue as depicted on Exhibit A. (9) No other roads have been contemplated or agreed to except for those as defined in this agreement. i (10)' The E-1 subdivision portion of the property will be for E-1 uses only, and will not include any residential uses. I (11) As per Exhibit A, a large portion of the property adjacent to Hersey will remain in open space. A pedestrian path will run through the open space as per Exhibit A. (12) The parties agree to fencing part of the property as shown on Exhibit A. i (13) The City has agreed to pursue a zone change for the property. See attached map regarding zone changes referred to-here as Exhibit A and further defined as Exhibit B. All parties agree to the contemplated zone changes as per Exhibits A and B. (14) The parties agree to form a site review committee which will be advisory in nature. The committee will consist of the following members exclusively: John Fregonese, John McLaughlin, Mark Murphey, Mara Mikalis, David Sebrell, Mike Mahar, Bruce Abeloe, and Paul Mace. The purpose of this committee is to perform an advisory role prior to the Planning Department's site review for the property in question, and the Planning Commission or City Council hearings on the proposed development of the property. The committee can offer recommendations only. The committee shall remain in existence as long as two'of the following members remain in the neighborhood: Mark Murphey, Mara Mikalis, David Sebrell, and Paul Mace. (15) The building of the road that will service the E-1 subdivision portion of the property will be done during the first phase of the entire project development, as per Exhibit A. (16) The parties agree that Mike Mahar will, as a sign of good faith, record this agreement as a deed restriction on the property. The restriction shall terminate at the expiration of ten years or as soon as a zone change is /,completed in a manner consistent with Exhibit B, whichever is first. Provided that, if a zone change is completed prior to ten years from the date.hereof, Mike Mahar agrees that, prior to the expiration of said ten- year period, no more than 48 residential units shall be constructed on that part of the property shown on Exhibit A which is designated for 48 condominiums. In any event, upon the expiration of the ten-year period, the development of said property shall be governed by the applicable zoning map and regulations of the City of Ashland, Oregon. (17) The parties agree that if future problems arise that cannot be solved by the parties themselves, mediation will be the first avenue attempted to resolve the difference(s) before going through litigation or appeal channels. (18) The parties agree that this mediation agreement will become a part of the record and application for this planning action. Failure to comply with any stipulation of the mediation agreement will negate this agreement.\ (19) Any changes required by the approving body on this planning action will require signatories to be given 15 days to review such changes, a chance to address the approving body at a continued public hearing, or to proceed to mediation as per paragraph 17 above. V i i Agreed to this -'5-/'/-day of 1992 v ,,dMl Fregones David Sobfell f ohn McIau Paul M i I Mark Murphey z ar 1v Ara Mikalis ruck a Abeloe j David S hieber I i 9 The following neighbors who live adjacent to the- area in question also endorse this mediation agreement. By signing below, we endorse this agreement and believe it is in the best interest of the City and community-to adopt it. NAME ADDRESS 3 E c Sfi p Q$2 L ,v 1MEZ 664W 02 7�za /0 I � x p ` p O p t IZ L m a Z D I m I i a a ' 0 I . / ♦1111 � WIN sm Al i c, Contents of Record for Ashland Planning Action 92-093 REQUEST FOR A CONDITIONAL USE PERMIT FOR A 3-UNIT TRAVELLER'S ACCOMMODATION, INCLUDING THE OWNER'S UNIT TO BE LOCATED . AT 366 "B" STREET. A VARIANCE IS ALSO BEING REQUESTED TO WAIVE THE REQUIREMENT THAT THE RESIDENCE BE 20 YEARS OLD. APPLICATION INVOLVES THE CONSTRUCTION OF A NEW STRUCTURE FOR THE RESIDENCE AND TRAVELLER'S ACCOMMODATION. COMPREHENSIVE PLAN DESIGNATION: MULTI- FAMILY RESIDENTIAL; ZONING: R-2; ASSESSOR'S MAP #: 09BA; TAX LOT: 6400. APPLICANT: STEVE AND DOREEN JOHNSON - Applicant's letter of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Findings of Denial adopted by Planning Commission . . . . . . . . . . . . . . . . . . 3 - Minutes of Planning Commission meeting 8/11/92 . . . . . . . . . . . . . . . . . . . 6 Planning Department Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Pre-Application Comment Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Petition in support of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Letter from Dr. Susan DeMarinis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Letter from Steven J. Asher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Applicant's rough draft findings with Planning Staff comments . . . . . . . . . . 36 Public Hearing Notice . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Conditional Use Permit Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Traveller's Accommodation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 - Variance Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Letter from John Stacy . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 43 Applicant's Findings and Application Materials . . . . . . . . . . . . . . . . . . . . . 44 = Topographic Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Application Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 i r I j . September 25, 1992 ` i City,of Ashland City Hall 20 East Main Ashland, OR 97520 RE: Planning Action #92-093 iWe formally request an appeal to the Ashland Planning Commission's recent denial of Planning Action #92-093—a conditional use permit to operate a 2-unit travelers' accommodation with owner's unit, to be located at 366 B Street, and a variance to waive the requirement that the structure be at least 20 years old—in view of the following: Both the Ashland Planning Department and the Ashland Planning Commission agree that the intent of the 20 year requirement does not apply to the proposed structure. The modification to the travellers' accommodation ordinance in 1991 was designed to prevent the construction of motel-style buildings which could not return to single-family or apartment .use. According'I to the Ashland Municipal Code, an ordinance can be modified through the variadce process where "...results inconsistent with the general purpose of this Title may result from the strict application...". According to the Ashland Planning Department, the travellers' accommodation ordinance is regularly modified with regard to its six-foot side yard requirement and its 20 year requirement could have been. modified had a small portion of the house remained standing. j The proposed structure meets the criteria for approval of a variance as follows: 1. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.. A. A Victorian home was originally located on the site, and it was the original owner's intent to convert the structure to a Bed & Breakfast. B. The home was destroyed by fire and the remaining original structure was demolished at the request of the City of Ashland. (Following the fire and before the demolition, the original structure's entire facade was intact.) C.. There are no other vacant lots within this portion of Ashland's Historic Railroad District. D. The construction of a modern, single-family dwelling would damage, the integrity of the historic•neighborhood. E. The proposed structure has the full support of 28 neighbors. F. The proposed structure has the approval of Ashland's Historic Commission. 4 2 That approval of the application is.necessary for the preservation of ,property rights. A. The proposed structure will preserve the property rights of surrounding neighbors through contributing to the overall integrity of Ashland's Historic Railroad District. B. If it were not for the fire, the original property would have allowed a Bed & Breakfast as a property right. C. If it were not for the demolition of the original property at the request of the City of Ashland,.a Bed & Breakfast could have been allowed as a property right through the preservation of the existing structure. 3. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The proposed structure will: A. serve as a single-family home. B.' provide accommodations for the handicapped and elderly. C. contribute to the historic character of Ashland's Historic Railroad District. D. provide non-polluting economic benefit to the community. E. provide off-street parking. F. encourage pedestrian, bicycle and mass transit use. G: incorporate the City of Ashland's Water Conserving Landscaping Guidelines' & Policies. H. incorporate the latest building technologies for energy and water efficiency. I. comply with Comprehensive Plan goals and policies: Housing Goal, Policy VI; Economy Goal, Policy VII; and Energy Goal, Policy .XI. 4.. That the conditions or circumstances have not been willfully or purposely self-imposed. The fire and subsequent demolition occurred prior to our purchase of the subject property. We have never intentionally violated any ordinance, nor have we taken any action except for that which has been mandated by the Ashland Planning Department and the Ashland Planning Commission. We have meticulously followed all of their instructions and complied with the purpose and intent of the law. Thank you for your consideration. Sincerely, Steve and Doreen Johnson . 530 Dogwood Way r Ashland, OR 97520 488-2703 i CITY OF ASHLAND ''' CITY HALL. ASHLAND,OREGON 97520 j . tel"M Oode 503)482-211 September 11, 1992 i j RE: Planning Action # 92-093 Dear Steve and Doreen Johnson At its meeting of . August 11, 1992 the Ashland. Planning Commission denied your request for a Conditional Use Permit and Variance for the property located at 366 "B" Street A copy of the Findings and Orders is enclosed. Please feel free to call me at 488-5305 if you have questions. sincere) , hn M cLa lin enior Planer „J grre4j -f, -Ke Ce 0-0uuw7 Enclosure j I . 3 t BEFORE THE PLANNING COMMISSION AUGUST 11, 1992 IN THE MATTER OF PLANNING ACTION #92-093 , REQUEST FOR A ) CONDITIONAL USE PERMIT TO OPERATE A 2-UNIT TRAVELLERS' ) FINDINGS, ACCOMMODATION WITH 'OWNER'S UNIT, TO BE LOCATED AT ) CONCLUSIONS 366 B STREET. A VARIANCE IS ALSO REQUESTED TO WAIVE THE ) AND ORDERS REQUIREMENT THAT THE STRUCTURE BE AT LEAST 20 YEARS ) OLD. ) APPLICANT: STEVE AND DOREEN JOHNSON ) -------------------------------------------------------- RECITALS: 1) Tax lot 6400 of 391E 9BA is located at 366 B Street and is zoned R- 2; Multi-Family Residential. 2) The applicant is requesting approval of a two-unit Travellers' Accommodation with owner's unit, and a Variance to waive the requirement that the structure be at least 20 years old. A site plan and architectural elevations are on file at the Department of Community Development. 3) The criteria for approval of a Variance are found in 'Chapter 18. 100 and are as follows: (1) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. (2) That approval of the application is necessary for the preservation of property rights. . (3) That the proposal's benefits will be greater than any negative . impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (4) That the conditions or circumstances have not been willfully or purposely self-imposed. 4) The Planning Commission, following proper public notice, held a Public Hearing on August 11, 1992; at which time testimony was received and exhibits were presented. The Planning Commission denied the application as presented, noting that the applicant had failed to meet the burden of proof for a Variance. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. y i Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with. an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "Mn SECTION 2 . CONCLUSORY FINDINGS 2. 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 .2 The Planning Commission finds that the proposal to construct a two-unit Travellers' Accommodation with owner's unit, and a Variance to waive the requirement that the structure be at least 20 years old does not meet the criteria for approval for a Variance as outlined in Chapter 18. 100. 2.3 The Planning Commission specifically finds that there is insufficient evidence contained in the record that would suggest: "that approval of the application is necessary for the preservation of property rights, " as required under 18.100. 020 b. The Commission believes that a Variance to allow for a conditional use (Travellers' Accommodation) does not constitute a property right. A conditional use is not a permitted use, but rather a privilege. and subject to compliance with several specific conditions outlined by the ordinance. The Planning Commission finds that denial of the application does not deny the applicant or property owner use of the parcel. The parcel can be developed as a single family residence as an outright permitted use, without variances or further planning commission review. SECTION 3 . DECISION 3 .1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to construct a two-unit Travellers' Accommodation with owner's unit, and a Variance to waive the requirement that the structure be at least 20 years old is not supported by evidence contained in the whole record. Therefore, based on our overall conclusions, we deny Planning Action #92-093 . Planning Comm sion ate ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 11, 1992 CALL TO ORDER The meeting was called to order at 7:03 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Powell, Medinger, Carr, Thompson, Hibbert, Bingham, Armitage and Cloer. Staff present were McLaughlin, Molnar and Slocum. APPROVAL OF MINUTES The minutes of the July 14, 1992 and the July 23, 1992 meetings were approved. PUBLIC FORUM Brent Thompson talked about recycling. Jarvis suggested getting a recycling program together with the recycling center and showing it on the cable access station. TYPE II PUBLIC HEARING PLANNING ACTION 92-093 IS A REQUEST FOR A CONDITIONAL USE PERMIT FOR A 3-UNIT TRAVELLER'S ACCOMMODATION, INCLUDING THE OWNER'S UNIT TO BE LOCATED AT 366 B STREET. A,VARIANCE IS ALSO BEING REQUESTED TO WAIVE THE REQUIREMENT THAT THE RESIDENCE BE 20 YEARS OLD. APPLICATION INVOLVES THE CONSTRUCTION OF A NEW STRUCTURE FOR THE RESIDENCE AND TRAVELLER'S ACCOMMODATION. COMPREHENSIVE PLAN DESIGNATION: MULTI-FAMILY RESIDENTIAL; ZONING: R-2; ASSESSOR'S MAP #: 9BA; TAX LOT: 6400. APPLICANT: STEVE AND DOREEN JOHNSON Exparte Contacts and Site Visit Cloer had a conversation with Keith Johnson, Historic Commissioner. Johnson had not attended Historic Commission meeting, but was in favor of the design yet felt the 20 year requirement should be upheld. Cloer did not draw a conclusion from discussion. Made site visit and noticed new construction next door. Armitage visited the site and noticed the small lot size in comparison with the size of the proposed project. Bingham visited the site. I Hibbert lives in the neighborhood and is very familiar with the lot site. i Powell visited site and noticed construction and character of the neighborhood. Carr made a site of visit, noticed construction and walked through the area. Spoke with Jac Nickels and asked about design difficulties working within the design guidelines. Jarvis had made site visit. STAFF REPORT Applicants are requesting to build a 2500 sq. ft. residence with a two unit traveller's accommodation. The Staff sees three major issues: 1) Variance for ordinance requirement that the residence be at least 20 years old, 2) evaluation of architectural compatibility, and 3) comparison of impact of proposed use to targeted use for CUP. Traveller's Accommodation Ordinance was changed in 1991 during which a concern was raised about using older structures for traveller's accommodation to discourage new hotel construction. The solution was to add the 20 year restriction. All TA complied with this part of the ordinance as well as all planning applications until now. Because the original house was burned, declared unsafe and demolished, the lot is back to a vacant lot status and new applications would have to comply with any ordinances in effect at the time of the application. The Staff knows that the intent of the applicants is not to build a hotel-style structure,. but the ordinance is clear on its requirement of a 20 year old structure and a variance is required. The most difficult criteria is 2, 'That approval of the application is necessary for the preservation of property rights". In this case a variance request is being used to approve a conditional use. Conditional use is not a property right, the property right is to build a single-family home. Staff believe that criteria is clear and that the Planning Commission needs to change the ordinance if it disagrees. The Staff's view on architectural compatibility conflicts with Historic Commission. Staff and remainder. Staff feels applicant's choice of design is an imitation style not represented in the Railroad District. Staff also has concerns about height and bulk. Design guidelines recommend avoidance of replicating styles and that dwellings ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES AUGUST 11,1992 I should not be a focal point for the neighborhood. Staff's final concern is the Conditional Use criteria C, 'That the conditional use will have no greater adverse material affect on the livability of the impact area when compared to the development-of the subject lot and the target use of the zone". The applicant must prove that the Traveller's Accommodation will have no greater impact on the area than a single-family home. In summary, applicants have attempted to address the issues of design, impact, etc., but criteria is strict and clear (especially the criteria for variance) and the Staff recommends denial of the application. Video of the neighborhood was shown. QUESTIONS TO THE STAFF Medinger noted that we are encouraging commercial adaptations in that neighborhood to preserve the original structures and asks if this is done through conditional use permits. Fregonese pointed out that the criteria for conditional use permits just went through a year long process. The old criteria was unclear. P Medinger wanted clarification on "self imposition" (variance criteria 4) of the fire on the lot and how it meets the criteria. McLaughlin stated that the applicant's unique and unusual circumstance, the house no longer exists, cannot be made because the application would have to have been made before the house burned. The right would then be vested with the property. The slate was wiped clean. Staff would not argue "self imposition" as part of the criteria. Medinger wondered what kind of ordinance change would be required to gain approval. McLaughlin answered that the 20 year requirement needed to change as well as the comparison with the target use in the zone of traveller's accommodation compared to the target use in this application. Medinger asked if the density of the zone would also have to be changed. Fregonese stated that if the Commission agrees with applicant that they could make a ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES AUGUST 11,1992 j low density traveller's accommodation a permitted use. Cloer wondered if the single family residence is the target use. Fregonese stated, in the R-2 zone, only one house is permitted on a 6700 sq. ft lot. I j Cloer wondered about impact on a R-2 zone if there is a 20 unit/acre density. This works out to about 3.units for a lot this size. ! Fregonese said the target use is a residential use complying with all ordinance requirements developed at the density permitted in the zone rather than saying the overall density is three. Cloer commented that in the Shuttle House recommendation it states that this type of confusion lessens the overall integrity of the district. . I Fregonese stated the RR district is a group of modest working-class homes built in 1890 to early teens. Eastlake victorians were an earlier style in the city. The larger structures were boarding houses. The goal of site design guidelines in the historic district follows national guidelines avoiding imitation, should be compatible in size and I scale, but look modern. I Cloer, as a previous member of the Historic Commission, was confused by distinction between an imitation and an attempt to blend. He notes the difference in opinion between the Historic Commission and the Staff. Fregonese stated that first an applicant must get through the variance and conditional use. The design is not as important to the Staff and is more open to interpretation that is the criteria. Armitage asks if applicant had tried to replicate the working class home, would the Staff still recommend denial. Fregonese says although the working class home is easy to design around, the size and scale of the applicant's house would not still fit in. . PUBLIC HEARING DOREEN JOHNSON, 530 Dogwood Way, read a written statement (made part of the irecord). Stated that they are willing to work with the Planning Department. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES - - AUGUST 11,1992 9 Related to the footprint of the proposed residence, original footprint was 1526 sq. ft., the proposed structure is 1311 sq ft. The height would be modified from the 35' proposed to one that would fit the surrounding neighborhood. The original structure was a one story with a full attic and the structure next door is 28' in height. In reference to the 20 year old criteria for CUP, they would not be requesting the variance if the original house had not burned down and the planning department had not presented it to them as an option. All of the Historic Commission's concerns were addressed. Staff stated that the variance criteria are designed to "alleviate unusual hardships to protect property rights". However, Municipal Code 18.100.10 addresses the purposes of variances and grants other circumstances: "Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this title, be result from strict application of certain provision thereof, variance may be granted as provided in this chapter." Staff considered important criteria (2) which is inconsistent with the planning department's instructions. During the preapplication conference, the summary stated that "this is the most critical criteria of the application, if there had not been a fire then a B&B could have happened allowed previously as a right. The planning department recommends that " should you believe that the 20 year old requirement of the ordinance is unduly burdensome than initiate an ordinance change." They disagreed, the purpose of the 20 year old rule is clear and effective, however, we also believe that those involving extraordinary circumstances, such as fire, be granted a variance. On the Staff's concern of architectural compatibility, we had these same concerns and worked closely with Planning Department and Historic Commission. The Historic Commission was allowed to pick the design, a vernacular-style version of the Eastlake victorian. "Vernacular" relates to the contractors interpretation of the style and would therefore restrict imitation and instead encourage individual interpretation. Staff is concerned this style would be out of place, but this area of B Street is predominately victorian. (Photos entered as Applicant's Exhibit #7) The concern about gingerbread detailing could be addressed by removing some of it. The third Staff issue is the comparison of impact with target use of the zone. The CUP criteria C states "that the conditional use will have no greater adverse material effect"—not impact. (Entered into the record was petition from 28 neighbors in support of project - Applicant Exhibit #8.) Twenty-eight neighbors who would be directly impacted by the proposed project and its use believe it will have minimal impact on livability of the neighborhood. They felt this project would serve as a single ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES AUGUST 11, 1992 �O i pk family home, make provisions for the handicap and elderly, contribute to the character of the historic railroad district, provide economic benefit to the community, provide of- street parking, encourage bicycling and mass transit, incorporate water conservation landscaping guidelines and energy efficient building. They are willing to work with the Planning Commission and the Historic Commission and comply with any conditions outlined in the Staff report. Bingham asked how the original structure came to be demolished. Ms. Johnson stated that it was demolished by order of the City of Ashland. They have purchased the lot on the condition that this action would be approved. McLaughlin commented that the Planning Department informs everyone of their options and schedules a preapplication conference. At the conference, Staff stated they could not support an application of this nature and would recommend denial based on the variance of the 20 year rule. It is difficult to provide findings for a variance for a conditional use. (Preapplication Summary entered as Staff Exhibit #4) Fregonese reiterated that the Planning Department's job is to help the public with their application and then give Staff's opinion; the Planning Commission decides. Jarvis asked how approval of variance would preserve property right--the Staff states that the property right is a single family home. Johnson stated a traveller's accommodation would be a property right if there had not been a fire. Jarvis asked Johnson to address the target use as one of no greater impact. .Johnson agrees that the usage is different and will impact neighborhood, but the criteria specifically states that it must have a greater adverse material effect. They would provide off-street parking and neighbors agree it would benefit the neighborhood. Fregonese commented the applicant must prove if there is a difference, it is either insignificant or that it is not adverse. Judgement must be used. I STEVE JOHNSON, 530 Dogwood Way, coapplicant, brought letter from Susan Demarinis and their contractor, Steve Asher, in support of application. He addressed the letter from Mr. Stacy in Seattle opposing the application stating that 28 neighbors ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES AUGUST 11,1992 support his application. He understands the impact of a traveller's accommodation would be greater, but not a "greater adverse material effect." They worked hard to research the ordinances and agreed with the law, but because of the fire they have an unusual circumstance. (Letters entered as Applicant Exhibit #9 and #10.) Medinger wondered If the design could adapt the proposed design to fit in better with the neighborhood. Mr. Johnson says that the roof is already being modified and the gingerbreading can be removed. TERRY SKIBBY, member of the Historic Commission, referenced the neighborhood petition and the staff report of August 11. Noted that the applicants were willing to work with the City and the Historic Commission. The HC review board chose a design they thought compatible and recommended a lower roof design and less gingerbreading. HC saw a unique circumstance in the fire; if a portion of the foundation remained it could be built upon it. He believes the traveller's accommodation would be an asset. He recommended study session to clarify the no imitation guidelines. (Entered Historic Commission Pamphlet with design guidelines as Misc. Exhibit #1.) Medinger wondered how the HC came to pick out the Eastlake Victorian style. y Skibby stated that it was the best of the choices and assumed that the Planning Staff had seen them. Carr noticed the guidelines state new construction must well represent our own time yet enhance the nature and character of the historic district. The guidelines are clear and are available to anyone. Armitage asks if the Johnsons were to propose a single family residence, would it's design go before the HC for architectural compatibility and would it be an outright permitted use. McLaughlin stated yes. A SFR would not be a Planning Commission action. Jarvis thought the design would be detrimental to the block and wondered why the HC recommended approval. Thompson wondered why Staff has problem with the design. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 11, 1992 w r DEBBIE WHITEALL, 350 B Street, lives next door to empty lot. She supported the action. Stated the original house was a run-down rental house and proposed structure would be less of an impact then the original. She was impressed that the Johnson's were willing to work with the roof pitch issue. FREDRICKA WEISHAHN, 338 B Street, neighbor whose house is 28' in height, believed the size of proposed design would balance out neighborhood. No objection. i COMMISSIONERS DISCUSSION AND MOTION Cloer wondered about the purpose and intent of the 20 year old requirement for traveller's accommodations. Believed intent was to limit the construction of hotels. Fregonese said that because the language of the ordinance is clear, the intent of the ordinance is not relevant. Oregon law forbids the use of purpose and intent'when the language is clear. I Jarvis agreed. Stated the criteria is clear and if there is disagreement than the law needs to be changed. Variance in such a clear Case is hard to support. Carr wanted Staff's clarification of Page 8 of the Applicant's Findings (differences between B&B,.Traveller's Accommodation, hotels, hostel). Fregonese stated that they all fall under the traveller's accommodation ordinance. Medinger was curious about the different variance criteria mentioned by the applicants. He had concerns with Staff's recommendation when the neighbors are in favor of the action. Fregonese reiterated that the Staff advised the Commission of the strict law so they can make a decision. Medinger asked that the purpose and intent section of the variance be read. DOREEN JOHNSON restated that the vernacular-style is not an exact replica, but an interpretation. They wanted to live in the Railroad District and concerned with it. Their intent was not for a business, but to make payments and allow her to work from her home. Application is for a house with two extra bedrooms. Worked with the Planning Department and the Historic Commission and now felt that has worked against them. COMMISSION DISCUSSION AND MOTION ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES AUGUST 11, 1992 13 Jarvis felt the discussion should focus on whether or not the variance should be granted. Powell is satisfied with the present ordinance. She felt criteria had not met therefore the discussion on style was not relevant. The property had been an empty lot for two years so the criteria cannot be met. Hibbert agreed with Powell. Carr agreed that issue was variance. The intent for a SFR was is clear and knew how she must vote. THOMPSON MOVED TO DENY PA92-093 DUE TO THE FACT THE VARIANCE REQUEST DOES NOT MEET CRITERIA 2. MEDINGER SECONDED MOTION. Armitage questioned whether Article 5 of the Traveller's Accommodation Ordinance needed to be discussed and clarified. Medinger believed as a member who helped draft the ordinance if this application was in front of them, they may have drafted it differently. Cloer would vote to approve and wants an ordinance change. This proposed design is much more preferable to many others. Bingham stated the law is clear and the variance has not been met despite the nice application. Thompson mentioned that the building can be built even if variance is denied. Jarvis stated that the applicants did an excellent job presenting their case, however the intent of the 20 year rule was to help restore 20 year old homes. If application was approved the law would become unclear. She felt adequate property rights can be preserved therefore applicants cannot meet variance criteria. Medinger felt some decisions must not be made based on exact definitions. He will vote in favor of application. THE MOTION PASSED WITH CLOER AND MEDINGER VOTING "NO." Steve Johnson tried to ask a question and Jarvis called him out-of-order. ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES AUGUST 11, 1992 1'� i ASHLAND PLANNING DEPARTMENT STAFF REPORT August 11, 1992 I PLANNING ACTION: 92-093 APPLICANT: Steve and Doreen Johnson LOCATION: 366 "B" Street ZONE DESIGNATION: R-2 COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ORDINANCE REFERENCE: 18.24, 18.100, 18.104 i REQUEST: Conditional Use Permit for a 3-unit traveller's accommodation, including the owner's unit. A variance is also being requested to waive the requirement that the residence be 20 years old. Application involves the construction of a new structure for the residence and traveller's accommodation. 11 1. Relevant Facts 1) Background - History of Application: There are no planning actions of record for this parcel. The house previously on this property partially burned, and was ultimately approved for demolition by the City Council, leaving the property in its current vacant state. 2) Detailed Description of the Site and Proposal: The site is located on "B" Street within the historic railroad district, and is presently vacant. Surrounding uses include single family and multi-family residences, along with other uses conditional in the R-2 zone, including a medical facility, and other traveller's accommodations. j The applicants are requesting to construct a new 2595 sq. ft. residence which will serve as their residence as well as providing 2 traveller's accommodation units. The structure is designed to represent the Eastlake Victorian style, with 12 in 12 pitched roofs, architectural detailing in the eaves of the gable ends, as well as on the front porch. Height from grade to the peak of the roof is slightly in excess of 35'. The average height, as calculated by the land use ordinance, is approximately 26'. Parking is provided off of the alley at the rear of the property - 2 spaces for the owner's unit and 2 spaces for the two accommodation units. . II. Project Impact There-are basically three issues of concern from Staff regarding this application: 1) Variance from the requirement that "the primary residence on the site be at least 20 years old (18.24.030 K5.):' 2) Evaluation of the architectural compatibility with the impact area, as required in 18.104.050 C.3. 3) Comparisons of the impact of the proposed use to that of the target use of the zone, as required in 18.104.050 C. 1) Variance: In 1991, modifications were made to the traveller's accommodation ordinance. At that time, a new requirement was added that stated that the primary residence on the site must be at least 20 years in order for the site t qualify for consideration as a traveller's accommodation. The purpose o this change was two-fold - first to encourage the upgrading of older, possibly historic structures, and secondly, to discourage the construction of new buildings primarily designed to accommodate travellers. This idea supports the concept that existing homes can be modified to accept travellers, but should a person wish to purchase the structure and not operate a travellers accommodation, the building could easily be reconverted to a single family residence or apartments. The concern was that a new building would be constructed in a "motel" style which would be difficult to return to a single family or apartment use. Of course, none of these type of concerns are included in the ordinance, and it is written in a very clear and concise manner to require the primary residence to be 20 years old. In this application, the proposed structure will be new and will not comply with the ordinance. As the Commission is well aware, variances are one of the most difficult requests for applicants to meet the criteria for approval. The criteria are designed.to only alleviate unusual hardships to protect property rights. The criteria are as follows: PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 ' Page 2 I , ,I (I) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. (2) That approval of the application is necessary for the preservation of property rights. (3) That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.. (4) That the conditions or circumstances have not been willfully or purposely self-imposed. The main difficulty involves criterion (2) above - preservation of property rights. A variance to allow for a conditional use (travellers accommodation) does not constitute a property right, in Staffs opinion. A conditional use is clearly not a permitted use, but a use that is subject to j meeting several specific conditions outlined by ordinance. Failure to meet those requirements results in the conditional use being unable to be approved. It is an inappropriate use of the variance process, in staffs opinion, to grant a variance to allow for approval of a conditional use. This is further supported in the ordinance by the first criterion for approval of a conditional use, which states: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. In this instance, the use is not in conformance with all standards, essentially the 20 year requirement. The denial of the variance does not deny the applicant or property owner use of the parcel. The parcel could be developed as a single family residence as an outright permitted use, without variances or further planning commission review, making it more difficult for the Commission to find that the variance is necessary for the preservation of property rights. As in most applications such as this, Staff is very sympathetic to the applicants, since it clearly appears that they are not purposely trying to circumvent an ordinance requirement, or requesting the variance to waive i an economic hardship. i PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 1 Page 3 But Staff cautions the Commission to clearly follow the criteria for approval, and should you believe that 20-year requirement of the ordinance is unduly burdensome, then initiate an ordinance change. It is much more appropriate, and legally defensible, to change the ordinance when it is wrong rather than approve an insupportable variance. 2) Architectural Compatibility Staff has concerns regarding the design of the residence, and its compatibility with this portion of the "B" Street area. In Staff's opinion, the structure is clearly imitative of a historical design, and one which is not appropriate for this area of "B" Street. As described in the applicant's findings, "the proposed structure would closely replicate a vernacular-style Eastlake Victorian built in 1891:' Further quoting the applicant's findings: 'More specifically, the exterior of the proposed structure would closely replicate the Sarah J. Biltmore House, circa 1891, located in Albany, Oregon. As noted in the book ARCHITECTURE OREGON STYLE by Rosalind Clark this restrained version of the Eastlake Victorian is considered on of the state's best representations of the style. ... The interiors and floor plan of the proposed structure would closely replicate 'a cottage built on Sherwood Avenue, in Bridgeport, Connecticut. The main issues regarding compatibility are addressed in the current Site Design and Use Standards. On page 57 of those standards, the following statement is written in regards to "IMITATIONS:" Avoid replicating or imitating the styles, motifs, or details of older periods. Such attempts are rarely successful and, even if well done, presents a confusing picture of the true character of the historical area In this instance it clearly appears that the applicants are attempting to construct a structure that they believe is historically appropriate for the area. However, it is Staff's opinion that its style is substantially different from that normally seen in the surrounding impact area. Further, we believe that the most important portion of the above referenced section regards the presentation of a "confusing picture of the true character of the historical area." Two doors away from this site is a structure currently listed on the National Register of Historical Places - Renaissance Chiropractic. This structure will be larger, newer, have more gingerbread PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 I Page 4 r detailing, and will overall appear as a more impressive structure than that which we have already recognized as a resource worthy of protection.- ; Further, this area of 'B" Street, and in fact most of the Railroad District, is composed of modest structures. Staff would recommend that should this lot be developed, that the structure follow the recommendations of the Site Design Standards, page 57, which state: For new construction, contemporary architecture that well represents our own time, yet enhances the nature and character of the his_toric district. The other recommendations of the Standards should also be incorporated in the design. f Staff has been noticing an increase in the number of Victorian-style structures proposed in Ashland. We see a similarity in the use of this style as what was done in the late 60s, early 70s with Tudor-style structures. At that time, it was considered an appropriate design upgrading the existing buildings. However, even though it was new and somewhat improved, it resulted in structures being out of place. Similarly, the construction of Victorian-style buildings in areas where they are not predominant appears atJ times to be equally out of place. In that the proposed structure would not be allowed, or probably considered, for construction next to the Sarah J. Biltmore House in Albany, due to the impact of lessening the importance and value of the fine original by a replica, neither should it be allowed to be constructed in the Ashland Railroad District. This is an area made up of many important structures, independently being modest, but as a district, comprising one of the finest examples of architecture of this era in the state. Therefore, it is Staffs opinion that the proposed structure is not architecturally compatible with the impact area. j3) Comparison of impact with target use of the zone. In the Conditional Use Permit process, it must be shown: I That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. i PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 '� Page 5 In the R-2 zone, the target use is a "residential use complying with all ordinance. requirements, developed at the density permitted by the zone." This lot is 6700 sq. ft. in area, with an allowable density of one unit, as determined by 18.24.040 A. 1. a. and b. The required area for two units is 7000 sq. ft. It is Staff's opinion that it is very difficult to show that the development of a single family residence, and two unit traveller's accommodation, will have no greater adverse material effect than only a single family residence. And the applicant's findings do not appear to clearly make the case for this criterion. III. Procedural - Required Burden of Proof The criteria for approval of a Conditional Use Permit are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. Tfiat 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. C That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a) Similarity in scale, bulb and coverage. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c) Architectural compatibility with the impact area d) Air quality, including the generation of dust, odors, or other environmental pollutants. PA92-093 Ashland,Planning Department— Staff Report Steve and Doreen Johnson August 11, 1992 2O Page 6 i i e) Generation of noise, light, and glare. i D The development of adjacent properties as envisioned in the Comprehensive Plan. g) Other factors found to be relevant by the Hearing Authority for review of the proposed use. The specific criteria for approval of a Traveller's Accommodation are as follows: Traveller's accommodations, 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. Travellers accommodations shall also be subject to the following: 1) That the property used for the Travellers Accommodation be business- owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travellers accommodation location being the primary residence of the owner during operation of the accommodation. Business-owner shall be defined as a person or persons who own the property td accommodation outright; or who have entered into a lease agreement th the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 2) That each accommodation unit shall have l off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in i conformance with the requirements of the Off-Street Parking section of this i Title. 3) That only one ground or wall sign, constructed of non plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveller's accommodation in violation of 18.72.110. 4) That the number of accommodation units allowed shall be determined by the following criteria: PA92-093 Ashland Planning Department — Staff Report Steve and. Doreen Johnson I August 11, 1992 OR Page 7 a) That the total number of units, including the owner's unit, shall . be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travellers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travellers accommodation with primary lot frontage on designated collector streets, or for traveller's accommodation not having primary frontage on an arterial and within 200 feet of an arterial or collector. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b) Excluding the business-owner's unit, and the area of the structure it will occupy, there just be at least 400 sq. ft. of gross interior floor space remaining per unit. 5) That the primary residence on the site be at least 20 years old The primary residence may be altered and adapted for traveller's accommodation use, including expansion of floor area Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 6) Transfer of business-ownership of a travellers accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All traveller's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7) An annual inspection by the Jackson County Health Department shall be required for all travellers accommodations regardless of the number of guest rooms. Proof of such inspections shall be provided by the owners to the City on an annual basis. 8) That the property on which the travellers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 A Page 8 City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. The criteria for approval of a variance are as follows, i (I) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. i (2) That approval of the application is necessary for the preservation of property j rights. (3) That the proposal's benefits will be greater than any negative impacts on the development of the adjacent user and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (4) That the conditions or circumstances have not been willfully or purposely self-imposed. W. Conclusions and Recommendations From the submitted materials, it is clear that the applicants have done a substantial amount of work attempting to meet the requirements for approval. And it also appears they have a personal vision for this property and its future, as well as that of the surrounding neighborhood. However, the criteria are clear on the application and Staff does not believe that the application can be approved. Specifically, we believe that the variance provides the most difficult portion of the application. The requirement for the conditional use permit that the primary structure on the site be 20 years old is very clear and straightforward. And we do not believe that a variance should be granted to waive the specific requirements of a conditional use, in this case a traveller's accommodation. Should the Commission feel that the 20 year requirement is unnecessary, then the ordinance should be changed, not ignored through the variance process. i Further, Staff has raised concerns regarding the design of the structure. It appears that the design is imitative of a design not normally seen in this area, and will result in confusion in the years to come, over the historic integrity of the area. In our opinion, this is a very similar situation as that created by the Shuttle House on Granite Street (former Applegate House that was moved), near the Perrozi House. The Shuttles constructed a new residence, very imitative of the historic period. And now, Staff has heard comments from visitors about the restoration of PA92-093 Ashland Planning Department — Staff Report Steve and Doreen Johnson August 11, 1992 *13 Page 9 the Shuttle house when it is actually a brand new structure. It is our opinion that this type of confusion lessens the overall integrity of the entire district, and especially the nearby historic homes. It is our opinion that the structure is not architecturally compatible, as outlined in the Site Review ordinance and required by the Conditional Use criteria, with the impact area. And finally, there is the concern over the comparison of the impact of the traveller's accommodation use versus the target use of the zone. It is our opinion that the proposed use will have a greater impact than that of a single family residence, the target use for the property. While Staff is sympathetic to the requests of the applicant and understanding that they have presented a structure they believed to be historically compatible with the area, we must recommend denial of the application based upon the above mentioned items. Should the Commission choose to approve this application, we would ask the Commission to make specific findings regarding the criteria in question, and attach the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That all landscaping be installed as indicated on the submitted plans. 3) That the parking areas be installed as indicated on the submitted plans, but that all spaces be fully improved with asphalt, concrete, brick, or grass pavers. Surface to not be gravel, granite, or dirt. 4) That the applicants not be required to pave the alley at this time, but to sign in favor of future alley improvements that may be required by the City of Ashland. 5) That the applicants obtain a business license from the City of Ashland prior to operation of.the traveller's accommodation. 6) That the applicants receive approval from the Jackson County Health Department prior to the operation of the traveller's accommodation. 7) That all sidewalks from the parking area be constructed of concrete rather than the gravel shown. PA92-093 Ashland Planning Department -- Staff Report Steve and Doreen Johnson August 11, 1992 Page 10 y , ASHLAND PLANNING DEPARTMENT SITE: 336 B Street PRE-APPLICATION CONFERENCE APPLICANT: Steve Johnson and Doreen COMMENT SHEET Ambrosio-Johnson June 4, 1992 REQUEST: 2 unit traveller's accommodation plus owner's unit; variance to 20 year requirement ZONING: R-2 Multi-Family Residential - Traveller's Accommodations are a Conditional Use in this zone, subject to review under the CUP process and criteria LANDSCAPING REQUIREMENTS: 35% -- site, size, and species specific landscaping plan required at time of formal application. Include street trees, 1 per 30' of street frontage. Also include trees in parking area - 1 tree per 7 parking spaces. Avoid using lawn. Provide irrigation system. PARKING, ACCESS, AND INTERNAL CIRCULATION: 4 parking spaces are required. The parking area will be required to be paved as a condition of approval LOT COVERAGE: 65% maximum coverage by impervious surfaces - structures, parking, sidewalks, etc. SETBACKS: Standard setbacks for the zone --20' front yard, 6' side yard, 10' per story rear yard - plus applicable solar setback SIGNS: maximum 6 sq.ft. for traveller's accommodation OTHER: Criteria for a Conditional Use Permit are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on �5 the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale, bulb and coverage. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c) Architectural compatibility with the impact area d) Air quality, including the generation of dust, odors, or other environmental pollutants. e) Generation of noise, light, and glare. J) The development of adjacent properties as envisioned in the Comprehensive Plan. g) Other factors found to be relevant by the Hearing Authority for review of the proposed use. itf it Yit RR#tit RRRRRt ttii tt YRf iiittii YRf Y##titi YYYttitf ili Ri Yi##ittf Yi YR#iiitii Traveller's accommodations, 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. Travellers accommodations shall also be subject to the following: 1) That the property used for the Travellers Accommodation be business- owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travellers accommodation location being the primary residence of the owner during operation of the accommodation. Business-owner shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 2) That each accommodation unit shall have I off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in P6 conformance with the requirements of the Off-Street Parking section of this Title. 3) That only one ground or wall sign, constructed of non-plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveller's accommodation in violation of 18.72.110. 4) That the number of accommodation units allowed shall be determined by the following criteria: a) That the total number-of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travellers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travellers accommodation with primary lot frontage on designated collector streets, or for traveller's accommodation not having primary frontage on an arterial and within 200 feet of an arterial or collector. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b) Excluding the business-owner's unit, and the area of the structure it will occupy, there just be at least 400 sq. ft. of gross interior floor space remaining per unit. 5) That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveller's accommodation use, including expansion of floor area Additional,structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 6) Transfer of business-ownership of a travellers accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this sectiotL All traveller's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond 27 the existing approvals shall be in conformance with all requirements of this section. 7) An annual inspection by the Jackson County Health Department shall be required for all travellers accommodations regardless of the number of guest rooms. Proof of such inspections shall be provided by the owners to the City on an annual basis. 8) That the property on which the travellers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. The criteria for a variance is as follows: (1) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. (2) That approval of the application is necessary for the preservation of property rights. (3) That the proposal's benefits.will be greater than any.negative impacts on the develop "ent of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (4) That the conditions or circumstances have not been willfully or purposely self-imposed While the application appears reasonable, the ordinance clearly states that the primary residence on site be at least 20 years old. The intent of this requirement ensures that a hotel/motel is not built within a residential neighborhood. Although this doesn't appear to be the intent of the applicant, staff would not be able to support an application of this nature and would recommend for denial. It is very difficult to provide findings for a variance for a conditional use. BUILDING DEPT: See attached comments. Obtain all necessary permits prior to construction. ENERGY CONSERVATION: See attached comments. FIRE DEPARTMENT: See attached comments. STREETS AND TRANSPORTATION: WATER AND SEWER SERVICE: Contact Dennis Barnts of the Water Quality Division for further information - 488-5353. �V I STORM WATER DRAINAGE: Provide drainage plan for all paved areas at time of building permits. ELECTRIC SERVICE: See attached comments. Contact Al Williams of the Electric Department for further information - 482-3211. APPLICATION PROCESS: TYPE 2 NEXT APPLICATION DEADLINE: JUNE 12, 1992 ADAIINISTRATIVE HEARING DATE: N/A PLANNING COMMSSION MEETING: JULY 8, 1992 FEE: $450 Applications accepted on a first come-first served basis with the first 15 COMPLETE applications submitted each month processed. Additional applications will be processed the following month. Kristen Cochr'n, Assistant Planner Date I i �9 "t 7 ii FaF T- 8 July 7, 1992 F John McLaughlin Community Development Department 20 East Main Street Ashland, OR 97520 RE: JOHNSON BED & BREAKFAST We fully support the Bed 8 Breakfast, located at 366 B Street, as proposed by Steve and Doreen Johnson. AME � J A/D�DRESS "o, 0 F� " g S- 9 -7 ,P.c 1//i8�1/.t,�-� ��U v� � • ��1`Y'`ti'I-a-.-.oi j I FIE: JOHNSON BED 8 BREAKFAST We fully support the Bed 8 Breakfast, located at 366 B Street, as proposed by Steve and Doreen Johnson. NAME ADDRESS l LAS i f c2�v� I K� N Sid atom. 3 i P 31 i RE: JOHNSON BED 8 BREAKFAST We fully support the Bed & Breakfast, located at 366 B Street, as proposed by Steve and Doreen Johnson. F NA ADDRESS tjA It �7 5 f� I' a. 3� 1PPcic1PV7 5WWr- i RENAISSANCE CHIROPRACTIC CLINIC j Dr. Susan DeMarinis J7�/G�G Chiropractic Physician I I �Z' wx /le 4izc" �h J 4 -A �``` C� L z V,FueAwdaq-�� ' L � a 386 "8"Street • Ashland, OqP7520 • (503) 482=3362 /It I we �Z�x ll/d 34 H O 10 E S Ashland Planning Commission Ashland Civic Center 1175 East Main Street Ashland, OR 97520 RE: Planning Action 92-093 Dear Planning Commission: As an Ashland native, I have a genuine interest in maintaining the integrity of the City of Ashland and its Historic District. It is my opinion the project proposed by The Johnson Family will further that goal. Having known The Johnsons for over four years, I believe them to be honest, geeppuine and very thorough. I can honestly say that they care as much abou;!',this City as any native. As regards to the building itself, I can assure you that it will be of the highest quality., I have been a general building contractor in Jackson County for over fifteen years and in 1990, won both the Jackson County Homebuilder's Association and the CP National Gas "Homebuilder of the Year" awards. I would ask that you approve The Johnson's application Thank you StevWJhe;r Asher Homes, Inc. 331 Crater Lake Ave. • Medford,Oregon 97504 • (503) 779-3221 . Uc. # 56026. PPUC.frm?. FKf 78 rr kof' # fl CRITERIA FOR VARIANCE: 1. UNIQUE OR UNUSUAL CIRCUMSTANCES There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. A Victorian home was originally located on the site, and it was L°�LP�1J the original owner's intent to convert the structure to a Bed & Breakfast. Unfortunately, the 4k*t home was destroyed by fire. In the confusion caused by the fire, the original structure was 'tS a al.(Iccc demolished (at the request of the City of Ashland) as the Bed & Breakfast ordinance was �'rIM' / amended. This new amendment, adopted in 1991, now included a 20 year age requirement. The �u1""� Q J proposed structure would seek to comply with the amendment's intent by replicating a 110- V4vr2utP year-old structure, although using today's materials. 2. PRESERVATION OF PROPERTY RIGHTS Approval of this application is necessary for the preservation of property lrights. As outlined by the Ashland Historic Commission, 'sensitivity to the surrounding oC "} buildings and the existing land use patterns is essential to a successful development." In keeping ,deol F with the surrounding office, residential, church and multi-family uses, the proposed project i I. - would be the best use of the subject property. A Bed & Breakfast Homestay, designed as a Jul CS - t�.k C 111 o f-�IA single-family home with added guest rooms, could easily accommodate elderly or handic� ,n}e- travellers as well as extended family. Its flat elevation, close proximity to downtown and friendly f l Ica neighborhood provide easy access and increased mobility to elderly and children alike. Afth 9� . 6d the participation of the John on family and their,overwhelming attention to historic detail would be 5061 I� 16 11 1 n � liwc e.�unli ly. al 3. BENEFITS GREATER THAN NEGATIVE IMPACT �� The proposed project's benefits will be greater than any negative impacts of the a3 development of the adjacent uses, and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The proposed project would not r i adversely impact the existing neighborhood any more than the residential unit that could be built 4 without a Conditional Use Permit. However, it is our intent to go beyond the norm. S The proposed structure and use would: 1. serve as a comfortable home for the Johnson family; " , fx--r--� ep/O Iq i� L � 9 � , 2� y i Notice is hereby given that a PUB a-aC HEARING on the object ion is based ona.__precludesyourrighto f appeal toLUBAon that eriterion. the following request with respect to the ASHLAND A cDpyofthe application,all documents and evidence relied uporn by the applicantand! LAND USE ORDINANCE will be held before the applicable criteria are available for inspection at no cot and will be provided at reasonable oust,ifrequened.AoopyoftbestaffrcpatwillbeavailablefwbLg)cnion ASHLAND PLANNING COMMISSION on seveoda yspriorat hehearingandwillbepmvided atrammblecoa,vrequesta An the I I TH DAY OF AUGUST, 1992 AT 7:00 P.M. materials areavailable at the Ashland Planning l3cpaitment,City Hall,20 East Main, at the ASHLAND CIVIC CENTER, 117S East Ashland,OR 97520. Main Street, Ashland, Oregon. Wring the Public Hearing,the Chair shall allow testimony from the applicant and thmeinattenduaeconcermogthisrequat The ChairsluU have the right to limit the i7Leordin critniaappliwblcwthisapplicatimn aaadwdothisnotim.Oregon length oftestinony and require that comments be restricted to the applicable criteria law states that failure to raise an objection ooncmtingthis applioation,eithain person If you have any questions or comments concurring this request,pleaae feel free to ar by letter.or failure provide suffnoaem specificity,to afford the decision maker an opportunity o respond o the issue,precludes your right of appeal o the land[hx contact Susan Yates U the Ashland Planning Department,City Halt,at 488-5305. Board of Appeals(LUBA)onthat imse. Failure to specify which ordinance criterion NOTE: This Planning Action will also be heard by the Ashland Historic Commission on August 5, 1992 in the Ashland Community Center located at 59 Winburn Way at 7:30 p.m. 30 43 ate,, Uj 60 0 ? / sit 16, s� //0 / / . r 30 \ \ b y° \ ?gam 20 \ Q \ 2z .26 \ 23 20 J o PLANNING ACTION 92-093 is.a request for a Conditional Use Permit for a 3-unit traveller's accommodation, including the owner's unit to be located at 366 B Street. A Variance is also being requested to waive the requirement that the residence be 20 years old. Application involves the construction of a new structure for the residence and traveller's accommodation. Comprehensive Plan Designation: Multi-Family Residential; Zoning: R-2; Assessor's Map #: 913A; Tax I&t:: 6400. APPT.TCANT• Steve. and Dnreen Tnhneon 3 CONDITIONAL USE PERMITS 18. 104.050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development .of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk; and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are . considered beneficial regardless of capacity of facilities. 3 . Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light,' and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. i I Ili 34 ! ORDINANCE NO. , AN ORDINANCE AMENDING SECTIONS 18.24. 030(x) AND 18.28.030(J) OF THE ASHLAND MUNICIPAL CODE WITH RESPECT TO TRAVELLER'S ACCOMMODATIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: i SECTION I. Sections 18.24.030(K) and 18.28.030(J) of theeAshland ! Muncipal Code are hereby amended to read as follows: "Travellers Accommodations, 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. Travellers accommodations shall also be subject to the following: 1) That the property used for the Travellers Accommodation be business-owner occupied. The business-owner shall be required to reside.on the property occupied by the accommodation, and occupancy . shall be determined as the travellers -accommodation location being the primary residence of the owner during operation of the accommodation. Business-owner shall be defined as a person or-.persons who own the property and acoommodation- dutright; . br who have entered into a lease agreement with the property owner(s) allowing for the. operation of/'the accommodatiori. - Such lease. agreement to specifically state that the property owner -is not involved in the day to day-Operation or financial management of -the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 2) That each accommodation unit shall have l. off-street parking Space,, and the owners shall have 2 parking .spaces. All spaces shall be in. conformance with the.requirements of the Off-Street,Parking section of this Title. 3) That only one ground or wall sign, constructed' of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size be - allowed.- Any exterior illumination of 'signage shall -be installed such that it does not directly illuminate any. residential structures adjacent or nearby the traveller's accommodation' in violation of : 18.72.110. . 4) That the number of accommodation units allowed shall .be determined by the following criteria: ja) That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots -under .the same ownership may . -. be combined to increase- lot area and the number of units, but not ..-_ in excess of the maximum established -by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travellers accommodation with primary lot frontage on arterial streets_ The maximum number of units shall be 7 per approved travellers accommodation with primary lot frontage on . �0 designated.collector streets; or for traveller' s accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b) Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. . ft. of gross interior floor space remaining per unit:' 5) on the site be at least 20 years old. That the primary residence adapted for traveller's The primary residence may be altered and ada accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6) Transfer of business-ownership of a travellers accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance 'with the criteria of this section. All traveller's accommodations receiving their initial approvals . . prior to the effective date of this ordinance shall be considered as approved; conforming uses• with all previous approvals; conditions and requirements remaining in effect upon change eof xisting limy further modifications beyond the eng approvals shall be in conformance with all requirements of this section. 7) " .An annual inspection by.the Jackson County Health Department. . shall be required for all travellers• accomm odations regardless of the number'of guest rooms: Proof of such inspections shall be provided by the owners to the City on an -annual basis. 8) That_the property on which the travellers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive .Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. _ The foregoing ordinance "was• first read by title only in accordance with Article X, Section 2(C) " of the City Charter on the �5t -day of .February; " 1991, and duly PASSED and ADOPTED this /7—=• day of 1991. Nan E. ranklin City Recorder. SIGNED Arid APPROVED this . day of , 1991: Catherine M. Golden Mayor yl i CRITERIA FOR VARIANCE The criteria for the approval of a Variance are found in 18.100.020 and are as follows: i 1) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. 2) That approval of the application is necessary for the preservation of property rights. 3) That the approval of the application will not create a negative impact on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4) That the conditions or circumstances have not been willfully or purposely self-imposed. j 4330 32nd Ave_W. Seattle,,WA 98199 July 3I, 1992 City of Ashland city Hall Ashland, OR 97520 Re: planning Aaron 92-093,Travelers Accommodations at 36613 Street Dear Sirs, Wuh the fi ranee of cottage industries in the historic district of Ashland,the atmosphere of the neighborhood is changing_ Families and neighbors are becoming a scarce commodity. The sidewalks are filled with strangers,traffic is incxeasing,and Pig more of a problem. As the appeal of the neighborhood decreases so does the h�es_ The Ashland historic district is beginning to resemble a business park I own the 375 B. Street property. I wish to return to Ashland as soon as possible, and live in the old neighborhood I once knew, but things have 1986,my home has been hemmed in on 3 sides chang ed. Since I moved in Si by businesses;to the south on plat 4200 is an old folks rest home,to the north on lot 4400 is a psychiatrist office and across the street on lot 6600 is a chiropractors office_ Now on lot 6400 there is a proposal to build traveler'accommodations. I would like to go on record as stating that I am against this proposal- The impact to the adsti g neighborhood is too great, Thank you for your consideration. Best regards, $Ohn Stacy (206)283-2936 y3 I July 10, 1992 i John McLaughlin jCommunity Development Department 20 East Main Street Ashland, OR 97520 RE: JOHNSON BED & BREAKFAST This request is to apply for a Conditional Use Permit to allow for a Bed & Breakfast in an R-2 Zone and to request a variance which requires 'that the primary residence on the site be at least 20 years old CRITERIA FOR CONDITIONAL USE PERMIT: A. ZONING CONFORMANCE The proposed use would be in conformance with all standards within the zoning district in which the use is proposed to be located. The subject property is located in Ashland's Historic Railroad District and is zoned R-2, Multi-Family Residential. The surrounding zoning and existing land uses directly adjacent to the subject property are as follows: North of the Site (across B Street) Zoning R-2 Land Use Residential/Office East of the State Zoning R-2 Land Use Residential/Office South of the Site (across alley) Zoning R-2 Land Use Residential West of the Site Zoning R-2 i Land Use Residential Specific land uses within the surrounding area include: Christian Church of Ashland, Renaissance f , Nk Chiropractic Clinic and Catalta Tree Senior Care Home. The proposed use would be in conformance with relevant Comprehensive Plan policies. The Comprehensive Plan designation for the subject property is Multi-Family Residential within the Historic District. The subject property would seek to preserve the historic significance of Ashland's Historic Railroad District. Applicable goals and policies are listed below: HOUSING GOAL "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the City." POLICY VI - 2a "Do not allow deterioration of residential areas by incompatible uses and developments. Where such uses are planned for, clear finding of intent shall be made in advance of the area designation. Such findings shall give a clear rationale, explaining the relationship of the area to housing needs, transportation, open space, and any other pertinent Plan topics. Mixes uses often agate a more interesting and exciting urban em' nm nt and should be considered as a development option wherever they will not disrupt an existing residential area." ECONOMY GOAL "To ensure that the local economy grows and diversifies in the number, type and size of businesses and industries consistent with the local social needs, public service capabilities, and the retention of a high quality environment." POLICY VII - 3 'The City shall develop and implement °n eronomi al development program which will attempt to increase the number. variety and size of light industrial activity employers within the urban area with particular emphasis on employers of fewer than 200 employees.' ENERGY GOAL "The City shall strive, in every appropriate way, to reduce energy consumption' within the community. These reductions will be achieved primarily by increasing the effectiveness of energy end use, rather than by sacrificing living standards. Moreover, the City shall promote appropriate substitutions of energy forms to avoid the use of electricity for other than specialized requirements and thereby achieve further reductions in total resource utilization." 2 i POLICY XI - 3a "A density bonus shall be allowed wherever possible on the basis of a i measurable increase in energy efficiency in new housing.' i B. ADEQUATE CAPACITY 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. The � Ashland Planning Department Pre-Application Conference, held on June 4, 1992, rendered the j following comments: Building Department "UBC R-3 Occupancy—Oregon Structural Specialty Codes is the controlling document for this project." t i Energy Conservation Department "No comment.' I 1 l Engineering Department 'No comments.' I Fire Department 'Hydrant locations and available fire flow are adequate at this time. Fire Department does not have any further comment at this time." Street & Transportation Department "No comment at this time." The subject property is located on the widest portion of B Street, which serves as a collector, is paved and has existing sidewalks. In addition, the following information has been gathered: I Water & Sewer Service I The subject property has underground sewer and water services located on B Street. i i I Storm Water Drainage i The subject property has a drainage plan for all paved areas. see site plan 3 Electric Service The subject property has utilities (electrical, telephone and cable television) located along the alley above ground. New construction, however, can and will locate utilities underground. C. NO GREATER ADVERSE EFFECT The Johnson Bed & Breakfast use will have no greater adverse material effect_ on the livability of the impact area when compared to the development of the subject property with the target use of the zone: Multiple-Family Residential. a. similarity in scale, bulk and coverage The original structure (known as the Stone-Loomis House) complied with standard front- and rear-yard setbacks. However, it violated the standard side-yard setbacks as detailed in the Ashland Cultural Resource Inventory Survey. (The original structure was located directly on the northern property line.) The proposed structure meets all standard setbacks for the zone, i.e.. 20' front yard, 6' side yard and 10' per story rear yard. Solar setbacks are not applicable. see site plan solar access I The original�(structure covered 1,526 sq. ft. as recorded in the Jackson County Assessment Information. The structure also had an associated shed of an undetermined size as recorded in the Ashland Cultural Resource Inventory Survey. Therefore, the total coverage of the original structure could be assessed at well over 1.526 sq. ft. The proposed structure has a total coverage of 1,711 sq. ft., i.e.. 1,311 sq. ft. for the residence and 400 sq. ft. for the detached garage. The subject property has a total coverage by impervious surfaces (structures, parking, sidewalks, etc.) of 53.5%. The proposed structure closely replicates the detailing of the original structure as it is outlined in the Ashland Cultural Resource Inventory Survey—an irregular-shaped, frame dwelling with a truncated hip roof, composition shingles, one-over-one double hung sash windows, horizontal 'v' joint shiplap siding and porch. b. generation of traffic The original structure did not provide any off-street parking. The target use would provide only 2 off-street parking spaces. However, the proposed use will provide 4 off-street parking spaces. The target use would generate a limited amount of traffic, since the subject property is in 4 �� i proximity to downtown Ashland. Although the proposed use would slightly increase traffic, the subject property would continue to encourage pedestrian, bicycle and mass transit use. Guests would welcome the opportunity to limit driving to a single destination, thus restricting driving in unfamiliar surroundings. i C. architectural compatibility The proposed structure will be architecturally compatible with the impact area—Ashland's Historic Railroad District. The subject property is surrounded by residentially-scaled, one- and two-story structures, predominantly Victorian in style. see attached photographs i The original structure, according to the Ashland Cultural Resource Inventory Survey, was a vernacular-style Victorian built in 1896. The proposed structure would closely replicate a vemacular-style Eastlake Victorian built in 1891. The proposed structure also closely follows the guidelines established by the Ashland Historic Commission 'to prevent incompatible structures and design, and ensure the proper use of material and details in the Historic District,' namely: 1. I exterior wall finish matches original material; 2. windows duplicate original windows: 3. roof pitch is the same as original roof; and 4. style of porch and entry match original. d. air quality The proposed structure will not adversely affect air quality. The generation of dust, odors or other environmental pollutants will be similar to that of the original single-family residence. The proposed structure may, however, contribute to improved air quality, through increased pedestrian, bicycle and mass transit use. e. generation of noise, light and glare The proposed structure will not adversely affect the impact_area. The generation of noise, light l and glare will only slightly increase over that of the original single-family residence. Guests will be restricted to interior living space and instructed to use public sidewalks after hours. i f. development of adjacent properties The Comprehensive Plan has envisioned the development of adjacent properties Multiple- Residential. However, as stated in the Comprehensive Plan: 'This is intended to be a higher 5 . �� density area, up to 20 units per acre, for multiple-family units, single-family homes. small professional offices, and small, home-oriented, light retail commercial uses in the Historic Railroad District. Implementing codes should not encourage the removal of structurally sound housing for new units. They could allow, however, for older homes to be converted to multiple- family use." In addition, the development of light industrial activity is, in many ways, responsible for the general upgrade of the Historic Railroad District. 9- water use The proposed structure will use landscape materials representing the Victorian period and incorporate the City of Ashland's WATER CONSERVING LANDSCAPING GUIDELINES & POLICIES. The subject property has 46.5% coverage by landscaping and Includes 2 street trees along street frontage, 1 tree in parking area and a fully-automated, drip irrigation system. To maintain architectural compatibility with the impact area, some lawn is required along street frontage. However, drought tolerant, attractive ground covers will be used elsewhere. see attached lapdscape plan I The proposed structure will also incorporate the latest water-saving devices to include aerated shower heads, etc. h. energy use The proposed structure will incorporate the latest building technologies for energy efficiency, namely, Super Good Cents or equivalent standards. L neighborhood support The proposed use has the support of residence and businesses owners located adjacent to the subject property. see attached signatures j. Ashland Historic Commission support It is the purpose of the,Ashland's Historic Commission to "review and make recommendations concerning the improvement of designated historic properties in connection with the issuance of building permits, zone changes, conditional use permits, variances, sign permits and site reviews." On May 21, 1992, and again on June 2, 1992, the Ashland Historic Commission Review Board offered its support to the proposed structure and its use. 6 �� II I � I CRITERIA FOR TRAVELER'S ACCOMMODATIONS: I I 1. BUSINESS-OWNER OCCUPIED The property used for the Travellers Accommodation would be business-owner i occupied. The proposed structure would serve as the year-round, primay residence for Steve and Doreen Johnson, along with their 6-month old daughter Alexa. They will be wholly responsible for all operations associated with the accommodation and will hold actual ownership of the business. 1 2. PARKING, ACCESS &'INTERNAL CIRCULATION Each accommodation unit would have 1 off-street parking space, in addition to 2 off-street parking spaces for the owners. The subject property has 1 two-car detached garage for the owners and 2 paved parking spaces for the guests. The spaces are in conformance with the requirements of Off-Street Parking. I 3. SIGNS The subject property would have one 6 sq. ft., non-illuminated ground sign, rl constructed of non-plastic material. I I 4. NUMBER OF ACCOMMODATION UNITS The total number and size of units would comply with Traveller's Accommodations criteria. The subject property has three accommodation units, including the owner's unit. There is also 512 square feet of gross floor space per unit, excluding the owner's unit. 5. 20 YEARS OLD The subject property would not comply with the Traveller's Accommodations criteria: 'That the primary residence on the site be at least 20 years old.' However, the proposed structure will I closely replicate a "vernacular" house constructed at the turn of the century. . More specifically, the exterior of the proposed structure would closely replicate the Sarah J. Biltmore House, circa 1891, located in Albany, Oregon. As noted in the book ARCHITECTURE OREGON STYLE by Rosalind Clark, this restrained version of the Eastlake Victorian is considered one of the state's best representations of the style. see attached photocopy As noted in AMERICAN SHELTER AN ILLUSTRATED ENCYCLOPEDIA OF THE AMERICAN HOME by Lester Walker, the Eastlake Victorian enjoyed countrywide popularity throughout the late O 1880s. The interiors and floor plan of the proposed structure would closely replicate "a cottage built on Sherwood Avenue, in Bridgeport. Connecticut" as reported in SCIENTIFIC AMERICAN. ARCHITECTS AND BUILDERS EDITION, September 1888. The black and white facsimile pages appear in the book AMERICAN VICTORIAN, FLOOR PLANS AND RENDERINGS FROM THE GILDED AGE compiled by Eugene Mitchell. see attached article The proposed structure would be in conformance with all setbacks and lot coverage of the underlying zone. Also, as remarked by Assistant Planner Kristen Cochran in the Ashland Planning Department Pre- Application Conference Comment Sheet. dated June 4, 1992, "The intent of this requirement ensures that a hotel/motel is not build within a residential neighborhood." The proposed project would serve the intent of this amendment by providing a Bed & Breakfast Homestay rather than a commercial Bed & Breakfast Inn. The proposed structure would allow traveller's to stay within a private home, with host and family in residence as was common of Bed & Breakfasts of the past. The proposed structure would not relegate its host and family to the position of caretaker as common of most commercial Bed & Breakfasts of today. 6. INITIAL APPROVALS The proposed use would be subject to an annual Type 1 review for at least the first 3 years. This provision greatly limits any risk to the City of Ashland, since at any time during those first 3 years the Planning Commission may revoke the Conditional Use Permit. 7. ANNUAL INSPECTIONS The proposed use would be subject to annual inspections by the Jackson County. Health Department. This provision greatly limits any risk to the City of Ashland, since at any time the Planning Commission may revoke the Conditional Use Permit. 8. LOCATION The proposed use would be operated within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. The subject property is located on B Street, which is a collector street. It also has alley access. 8 �� i I CRITERIA FOR VARIANCE: 1. UNIQUE OR UNUSUAL CIRCUMSTANCES There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. A Victorian home was originally located on the site, and it was the original owner's intent to convert the structure to a Bed & Breakfast. Unfortunately, the home was destroyed by fire. (Ashes placed on the back porch caused the near-fatal fire.) In the confusion caused by the fire, the original structure was demolished, at the request of the City of Ashland, as the Bed & Breakfast ordinance was amended. This new amendment, adopted in 1991, now included a 20 year age requirement. The proposed structure would seek to comply with the amendment's intent by replicating an 110-year-old structure, although using today's materials. The unusual circumstances created by the fire and subsequent demolition would require a variance of the 20 year age requirement. i 2. PRESERVATION OF PROPERTY RIGHTS Approval of this application is necessary for the preservation of property rights. If it were not for the fire, the original property would have been allowed a Bed 8 i Breakfast ap a property right. If it were not for the demolition of the original property at the request of the City of Ashland, a Bed & Breakfast could also have been allowed as a property right through the preservation of the existing structure. As outlined by the Ashland Historic Commission, 'Sensitivity to the surrounding buildings and the existing land use patterns is essential to a successful development.' In keeping with the surrounding office, residential, church and multi-family uses, the proposed project would be the best use of the subject property. A Bed & Breakfast Homestay, designed as a single-family . . home with added guest rooms, could easily accommodate handicapped or elderly travellers as well as extended family. The proposed use would not only preserve property rights, but would also contribute to the preservation of the Historic Railroad District by allowing a structure of historic significance. Without the approval of this application, the participation of the Johnson family and their overwhelming attention to historic detail would be unlikely. i 3. BENEFITS GREATER THAN NEGATIVE IMPACT The proposed project's benefits will be greater than any negative impacts of the development of the adjacent uses, and will further the purpose and intent of this 9 solo ordinance and the Comprehensive Plan of the City. The proposed project would not adversely impact the existing neighborhood any more than the residential unit that could be built without a Conditional Use Permit. However, it is our intent to go beyond the norm. The proposed structure and use would: 1. serve as a comfortable home for the Johnson family; 2. provide guest accommodations specifically designed to meet the special needs of the handicapped and elderly; (According to the City of Ashland, only 3 Bed ii Breakfasts currently offer handicapped accommodations.) 3. contribute to the historic character of Ashland's Historic Railroad District by replicating the form. massing, detailing, colors and materials of an original Eastlake Victorian; and 4. provide non-polluting economic benefit to the community. The preservation of the.Historic Railroad District is of foremost importance—not only for its historic significance to the City of Ashland. but to the nation as well. Following, the driving of The Golden Spike on December 17, 1887, as.reported in ASHLAND THE FIRST 130 YEARS by Marjorie O'l�arra, "More were to come to build homes, rear families and participate in the development of the community.' The Johnson family would like an opportunity to share in that vision. 4. CIRCUMSTANCES The conditions or circumstances have not been willfully or purposely self-imposed. The fire occurred prior to the Johnson's purchase of the subject property. Thank you for your consideration. Steve Johnson Doreen Ambrosio Johnson 10 �� ' i i July 7, 1992 r John McLaughlin I . Community Development Department 20 East Main Street Ashland, OR 97520 RE: JOHNSON BED & BREAKFAST I We fully support the Bed 8 Breakfast, located at 366 B Street. as proposed by Steve and Doreen Johnson. AME AlDDR/ESSSS f J 3 114 /� n Ir 14 S�f��c ��.,—tom sa Azy J RE: JOHNSON BED & BREAKFAST We fully support the Bed 8 Breakfast, located at 366 B Street, as proposed by Steve and Doreen Johnson. NAME ADDRESS 33.8 5-3 2 S Al . Zh Lai J 4� 7 chef.`_ l K N ' -�d —jaw-"" iZ AW S/ fie 5 \�njP4 �S RE: JOHNSON BED & BREAKFAST We fully support the Bed & Breakfast, located at 366 B Street, as proposed by Steve and Doreen Johnson. 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RECOMMENDED AVOID SENSE OF ENTRY ID 8 H E3 Articulate the main entrances Avoid facades with no strong to the building with covered sense of entry. porches, porticos, and other pronounced architectural forms. • , ; RECOMMENDED AVOID IMITATIONS Utilize accurate restoration Avoid replicating or imitating of, or visually compatible the styles,motifs,ordetails of additions to, existing older periods. Such.attempts buildings. 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WiLlin,Or wh..61, U, td. and tatel.al . wink tire.huprt,r. eleltd. pre,ld,dalthlutt.adcold .1.1 to -�i.djal water,• pounry erred up IlIlber I"" oorell'.. with ..utue, lohelf. a,ith Itay windawc .r attic el.te rute,slad srleel�. rt.n,are h"iI tc,t,-o- Il.ek turd. from .11. nnulit.1r.will.0. untIr W us. Cue w...I, I'll.dining ronall has L. in.11 ,,,If Unt ro"It". 'Inent.. or UP Ill the E�tinlnl� Plan., ..'Ll uIul way. &wwi., rrau,ul, rr. Th. I.ill run. 1. pro� Trans I....I-nu. lillrd with lnah huh..wsh Aloo.L C..,341 11 I.W1.and .1,not,.11 New Y.,k. vniijilieclwithbotanderial A eturtel, fll-r wn,or,and fi,ted.,in ille hr11.manner. Wwl,ton I.raid 1.I-Im m,—tr.l me pro"dOtl In scum. wra,lw..whirl,will n- .-I—I a the ah. 'n.j. and Five cane I'lea w to their rttlmtben. ill/ T IT P 78 FIRST FLOOR. A COTTAGE FOR 92,500. SECOND FLOOR. 1 N •f .. 111 t �.. L , r a Off f p cm IVA d ' f � �s PLANNING APPLICATION TYPE:. �9 Date received �' /O -/ �? File No. - 9 Filing Fee ��.5 p� Land Use: Zoning Comprehensive Plan designation APPLICATION IS FOR ( ) Land Partition ( ) Subdivision # of units_ ( ) Zone Change j (✓Y Zone Variance ( ) P.U.D. # of units ( ) Comp. Plan Change M Conditional Use Permit ( ) Site Review ( ) Staff Permit ( ) Boundary Line Adjustment ( ) Annexation Application pertains to of the Ashland Muncipal Code. chapter, section, subpart ! APPLICANT Name 5}evG o rid Phone. 4 g$-x.""103 : Address -55D Oxwood ( PROPERTY OWNER Name Z:c..... . .1", Phone -18".1.--3141 ! Address_ ' (. have notified the mortgage holder, which is SURVEYOR, ENGINEER, ARCHITECT (if appropriate) Name--rcug-_ Phone49'ZL- -EPA 93--Z .. Address_-:C-AG DESCRIPTION OF PROPERTY (attach legal description) Street Address 3 4a<a 25 S lr -k- .Assessor' s Map No". 39 E 9A$' Tax Lots) Go"1GG _ (Above described property was acquired by owner on I month ay year (List any covenants , conditions or restrictions , concerning use of property, 'of improvements contemplated; as well as yard set-back and area or height (requirements that were placed on the property by subdivision tract developers . 'Give date said restrictions expire. j FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and attach it to this form. Keep in mind that your responses must be in the form of factual statements or findings of fact and supported by evidence. List the finding criteria and- then the evidence which supports it. I hereby certify that the statements and information contained in this application, including the attached drawings and the required findings of fact, .are in all respects true and .correct . I understand that all property pins must be shown on the drawings and visible upon site inspection. In,'the event that the pins are not shown or their location fo the owner assumes full responsibility. found to be incorrect, I further understand that if this request is subsequently contested, the burden will be on me to establish: that I produced sufficient factual evidence at the hearing to support this request; that the evidence adequately justifies the granting of the request; that the findings of fact furnished `. by me are adequate, and further that all structures or improvements are properly located on the ground. Failure in this regard will result most likely .in not only the request being set aside, but also possibly in any structures being built in reliance thereon being required to be removed at my expense. If I have any doubts , I am advised to seek competent professional advice and assistance. s _1 Applicant's Signpture ate As -owner of the property involved in this request,. I have read and understood t'heicompl'ete`application and its consequences to me' as a'properCy owner? r . _2Z13 /q2 Pr ert Owner' s Si ature ?Is/9L Date NOTICE: ection 115 .-04.240 of the Ashland Muncipal Code prohibits the occupancy of a building or a release 'of utilities. prior to the issuance of a certificate of occupancy by the Building Division AND the completion of all zoning requirements and conditions' imposed by ehe' Planning Commission UNLESS a sati.sf4cgory performance-,-.,bond has been posted to insure completion. VIOLATIONS may result in prosecution and/or disconnection of . Utilities : 1 October 12, 1992 Dear Mr. Almquist, Iam writing on behalf of the Ashland Wetland Park Coalition. We respectfully request a special council meeting on the evening of October 22 in order to present our proposal on the Ashland effluent problem. We are fortunate to have the foremost authority on wetlands treatment, Dr. Robert Gearhardt, from Humboldt State University available to attend our meeting in order to better address questions and concerns council may have about our proposal . This date is the only date he has available. He designs wetlands treatment facilities worldwide and has plans to be in Klamath Falls on October 23 where he is engineering a treatment facility. Our intention is to provide preliminary findings on the feasibility of a wetlands filtration system combined with chemical phosphorous removal system on site. We will also present our findings on possible water trades and/or a lake designed to delay the water for further treatment during the summer months. Thank you for receiving our request. We hope that our contribution on this very important issue will be helpful in finding a solution which provides beneficial uses, reduces costs and leads to the primary goal of returning Bear Creek to the quality blue ribbon fishery that we all seek. Sincerely, Ga ch rod t la d Wetlands Park Coalition ASHLAND FIRE DEPARTMENT MEMORANDUM October 14, 1992 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief}! J SUBJECT City Water Requirements For New Construction Last August we adopted the 1988 edition of the Uniform Fire Code within the City of Ashland. An important part of this code addresses the need for water for fire protection services for new construction. Simply stated, the code requires 750 gallons per minute for one and two family dwellings. This requirement may be reduced to 375 gallons per minute, if the property owner chooses to install an approved automatic fire sprinkler system. The State of Oregon standard is 1000 gallons per minute, however because of the existence of water deficient areas within Ashland, we felt it prudent to adopt 750 gallons per minute as a base standard and allow the reduction for fire sprinklers. Gayle Titus, 1 Hillcrest Street, has petitioned the Planning Department for a permit to add a guesthouse on the Glenview side of her property, over the top of an existing garage. The current fire flow standard will not allow this addition to her structure due .to deficient water supply. This issue has raised the question of minor additions to existing homes, such as a bedroom or recreation room, in water deficient areas. Under the prevailing language in the code, these additions could not be allowed. Ms. Titus has requested the opportunity to address the Council on this issue. The Fire Department does not have the authority to ignore the adopted standard and allow the issuance of a building permit for this project. Inasmuch as this is an issue of determining the acceptable level of risk that should be allowed in water deficient areas of the city, the question now comes before the Council. Attached to this memo, please find a copy of the Fire. Department's plan review comments. ASHLAND FIRE DEPARTMENT MEMORANDUM i September 15, 1992 i TO Planning Department FROM Don Paul, Fire Marshal SUBJECT i Hillcrest, Gayle Titus Review of the proposed guesthouse addition on the Glenview side of this property finds deficient available fire flow. The most recent flows from the closest hydrants indicates readings of 240 gallons per minute from hydrant #66 at 91 Meade St. , 373 gallons per minute from hydrant #601 at 215 Glenview Dr. , and 334 gallons per minute from hydrant #611 across from 9 Hillcrest St. None of the listed hydrants are within the required 2501of the proposed addition. In that the available fire flow is not the minimum required 750 gpm construction cannot be conducted even with the addition of an automatic fire sprinkler system. Due to this required factor the fire department recommends denial of the proposed addition. `9� � >emarttn � nm OREGON c October 6, 1992 Mayor and City Council ram: Dick Wanderscheid �ubjg& LONG TERM ENERGY SMART DESIGN ASSISTANCE PROGRAM Background The City of Ashland signed a contract with BPA on September 6, 1988 to operate the Energy Smart Design (ESD) Assistant Program. On May 20, 1992, the City signed Amendatory Agreement No. 3 to the ESD program. This amendment allowed us to begin offering financial incentives in addition to design assistance for commercial buildings. It also allowed the program to be offered to existing commercial buildings instead of just being available for new buildings. We are currently working on a couple of projects under this agreement. The Long Term Program BPA has been working with utilities in the Northwest for the last two years to develop a contract and program to implement Energy Smart Design over the long term. This effort has culminated in a program which has now been formally offered to the utilities of the Northwest. This proposed agreement would be effective on the date the City signs it and would be in effect until June 30, 2001. The technical requirements are the same as in the short term ESD program, but administrative reimbursement and marketing and training funding are different. Under the Short Term Program, administrative funds were provided on a building analysis and completion basis. In the new program, a flat administrative fee of $40,000 for each FTE assigned to the program would be paid yearly to the City. Since a 3/4 FTE Energy Analyst and at least a 1/4 FTE of my time would be devoted to this program, we.would receive $40,000 per year to operate this program in Ashland if BPA budgets are sufficient to support this level of program activity. i Also new under the Long Term Program, would be availability of funding for marketing and training. We could receive up to $3,000 per year for marketing and $1,000 per year for training. The other big departure from past BPA programs is the idea of a three year rolling budget, which will give more predictability and stability to the program. The City has not accomplished much commercial conservation in the past ten years so we feel there is a vast conservation potential to be tapped. This I program would give us the opportunity to plan a long range program which can help our commercial customers save electricity over the next decade. We are excited about this possibility and would recommend the City execute the Long Term ES program so we can begin this task. Feel free to give me a call at 488-5306 if you have questions prior to the imeeting. I RESOLUTION NO. 92- A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN THE LONG TERM ENERGY SMART DESIGN ASSISTANCE PROGRAM CONTRACT (DE-MS79-92BP93796) RECITALS: A. The City of Ashland is already operating the Energy Smart Design Assistance Program under a short term agreement; and B. The Long Term ESD Program will allow predictability and stability in acquiring commercial conservation; and C. This program will help Ashland achieve its regional share of conservation; THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The Mayor and City Recorder are authorized and directed to sign on behalf of the City, the Long Term Energy Smart Design Assistance Program (DE- MS79-92BP93796) . The foregoing resolution was READ and DULY ADOPTED at a I 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 Reviewed as to form: Paul Nolte, City Attorney A Em V X anAum EGO, ' October 13, 1992 1llII: Mayor and City Council rum: Dick Wanderscheid ,,6UhjCCf: LOCAL CONSERVATION PLAN Background The 1991 Northwest Power Plan developed and adopted by the Northwest Power Planning Council has indicated a need for the region to acquire 1500 average Megawatts (AMWs) of conservation over the next decade. BPA's share of this regional target is 660 AMWs. Typically, BPA has always centrally planned and designed conservation programs and then offered them to utilities to operate. Never has BPA asked its local utility customers to assess and plan for conservation from the local level. l This has now changed and BPA has requested all its utility customers prepare local conservation plans. These plans should contain an estimate of the amount of conservation potential available in the utility's service area and then an estimate as to how much of this potential the utility feels it can acquire. BPA informed its customer utilities it would like them to begin working on local conservation plans this summer, and it expected them to be completed this fall. OMEU Grant Proposal Last spring, the Oregon Municipal Electric Utility Association (OMEU) began exploring the possibility of using recent legislative changes in Oregon law to form a joint operating agency (JOA) which could be used to raise money to fund conservation in their respective service territories. Early on, it became apparent that before a meaningful study could be completed, we needed to know the load conservation potential and its acquisition before we could tell if a JOA was feasible. Also, since BPA was asking its customers to prepare local conservation plans, we felt that these local plans would be very useful in ascertaining the feasibility of a JOA. The OMEU submitted a grant proposal to the Lower Columbia Area Office of BPA to fund a two-phased study. One was to study the legal aspects of forming a JOA or an intergovernmental agreement for joint conservation funding. The second was to ascertain the conservation potential and possible local strategies to acquire conservation in each utility's service area. BPA funded this proposal and subsequently Pacific Energy Associates (PEA) was selected to complete the conservation potential and local strategies portion of the proposal. This study was completed in September. Local Conservation Plan BPA is requesting we submit a local conservation plan which will give an idea of what kind of conservation commitment it can plan from each of its customer utilities. This will require a policy level decision by the Council, which can then be used as a basis to develop our local conservation plan. In working with PEA, we asked them to analyze three possible future scenarios for Ashland's conservation future: 1) continue our current path of conservation, 2) initiate a more aggressive path which would meet Ashland's regional share of the conservation needed, and 3) launch the most aggressive path possible. In order for these paths to make any sense, you first have to look at what has been accomplished over the last decade by our BPA-sponsored conserva�iion programs. PEA looked at all the programs we have operated which have been funded by BPA and estimated savings of 5,744 MWh. Also, you need to understand the concept of the regional share of conservation that has been set by BPA. To develop these local conservation shares, BPA took the total utility sales for 1990 and divided the regional target for conservation by the percentage of each utility's share of the 1990 public utility sales. This prorated target indicates how much conservation each utility would have to produce if each utility conserves an equal portion of its current load. Based on this methodology, Ashland's prorated target is 16,381 MWhs. This target is 2.85 times (or nearly triple) the amount of conservation that has been acquired over the last ten years. Needless to say, this will be a monumental task. With these numbers in mind, we asked PEA to prepare three strategies for Ashland to consider. The following table gives projected conservation savings for each strategy: Annual MWhs Forecasted Growth (1992-2003) 25,385 Conservation Achieved (1982-1992) 5,744 Ashland's Prorated Target 16,381 Strategy 1 8,438 Strategy 2 17,291 Strategy 3 21,249 TOTAL CONSERVATION TECHNICAL POTENTIAL 34,774 I I (See attachment 1 for a graphic display from the report of this data.) I have attached pages from the report which explain each strategy, give savings and expenses by year, and also give some of the advantages and disadvantages of each. It is important to note the dollar amounts in these strategies depict the complete cost of conservation. This includes all the costs for the measures, whether the costs are paid by BPA, the local utility, or the end user, as well as all of the costs for program administration, whether the administrative expenses are at BPA or the local utility. The total cost estimates of these strategies are $4,001,000 for #1, $10,006,000 for #2, and $12,352,000 for #3. The PEA study points out that: "...different types of energy gy resources have differing benefits to the local economy. The bulk of oil and gas expenditures, for example, go to purchase the fuel, which is often imported, so money flows out of the local area to create economic benefits elsewhere. Money spent on coal-generated electricity sends energy dollars in two directions, for construction of the plant itself, and then for the fuel. Conservation is a relatively labor-intensive resource which tends to create more local jobs than most other resources. A second and more significant economic factor in determining local economic impacts is the cost of the resource. Less expensive energy resources permit consumers more discretionary spending. The local economic benefits of discretionary spending are much greater, according to the studies, than money spent directly to purchase any type of energy resource, even if the resource is conservation." Staff Recommendation Because we strongly believe in conservation and perceive it as in the best interest of Ashland's citizens and all of the people in the Northwest, we would like to pursue a strategy in Ashland's local conservation plan, which at least meets our prorated share of BPA's 660 AMW conservation target. However, we are also aware that most of the utility conservation benefits accrue to BPA, while directly negative impacting electric revenue at the local level. Ashland's Conservation Division is already subsidized by local revenue, and we feel that ramping up our program should not increase this subsidy. We have pointed this out to both PEA and BPA during work on this study and they perceive this as a reasonable position. They have suggested these things be detailed and made part of our local conservation plan that we submit to BPA. Therefore, we would suggest the following i assumptions be added to any aggressive conservation strategy we submit i to BPA. A) That all the additional administrative costs of pursuing this strategy should be paid by BPA, so that Ashland's subsidy to the conservation programs not be increased as a result of this additional conservation acquisition. B) That BPA commit to funding these programs on a long term basis so we can be assured of a stable funding source tied to these increased program levels. C) That the training and technical assistance necessary to accomplish these increased conservation targets be provided by BPA. D) That BPA develop a funding mechanism that is flexible enough I to allow us to move funding from one program to another on a timely basis to facilitate changing local conditions. E) That BPA be willing to fund professional technical assistance for acquiring conservation in the commercial sector. This sector is diverse and the scope of the work will often be beyond the abilities of the local conservation staff. We need to be assured of timely professional assistance in working with our large commercial, industrial and governmental customers. Assuming the Council agrees that we should at least meet our prorated share of regional conservation, that leaves either strategy 2 or 3 as the basis for our plan. The Council must choose whether we should just meet our share or decide to continue to be a regional leader in conservation. While we realize either strategy will require extraordinary effort, we feel we should rise to the supreme challenge and pursue strategy 3. This strategy will result in over $12,000,000 in funding expended in our local economy, and will result in the lowest electric bills for our citizens. It would also demonstrate to the region our commitment, and if we are successful, will demonstrate the feasibility of aggressive conservation acquisition to other j utilities of the region. I I will be present at the Council meeting, but if you have questions or need to talk to me about this sooner, please give me a call at 488-5306. ATTACHMENT 1 ' VI. COMPARING STRATEGIES ' The purpose of this section of the report is to help the utility decide which strategy is the most preferable. The different strategies will be compared in a variety of ways. ' A. Comparing Growth to Conservation The relative magnitude of the savings is an important factor in the local decision. Do the strategies produce nearly equivalent quantities of energy savings?Does one produce twice, or three times as ' much as another? In addition to understanding the difference between the strategies in terms of conservation output, a comparison with other benchmarks may be useful. ' Growth in electrical demand has necessitated acquiring more generating and demand-side resources. A logical benchmark for comparing conservation savings is the expected local growth in electrical demand. Figure S compares the expected growth in electrical demand to the amount ' of energy savings that would be produced by the three alternative conservation strategies. j Figure S. Conservation vs. Load Growth f 35,000 .. "'.: .. 30,000 25,000 z d 20,000 � 15.000 ;�r;� eo• M s Ew t 10000 I5,000 M:'� r �. 0 ? t � y N (J L � m m g v y h w U m U ' Conservation Assessment for City of Ashland[2] f Pacific Energy Associates Page 11 ATTACHMENT 2 L 8. `.Yrin � 7A 7�1F�[AIiQSLi MiFfi� l�I F CiC Y M 9 YCt /So: I ,4'shland has becorrte one of fite,tegtonss Jeadmg abirtt*rs of its srze rn the conserira>'xon � a �na, and has sfg>red up farevery 9PA resklentlaJ sector conservatron;program; The uttilty 6as'aireadjr alectdef!to trove$head wlth spree riewlnJtlaftvas A showerhead proggram,just underway,should ecH�eve hrgJa Jetrsts of saturation by fhe ye9r'2#JOD ]4'shJand is begrrnning to offerrncenfives rn the commercralseczoras an"Optron 3" tlttlPly!n 8.cnnevllte`s Energy Smart[3eslgn F'tpgram New coramercta!t� rtldings are �fpeeted to achteve a larger praport3on of saYfngs than the eX►st/ttg corrrmerctaf sector Tie rrrdustrral secta�rs 81so expectad�fo yreld nearly iuli potentrel,through ,?�shl and's:srrpportufBPA'sJrnergy5avrngs!?Jan New Conservation 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 MWh/Year 563 700 836 847 1,838 847 847 490 490 490 490 = Q]+38 nW Cost(thousands) $343 $362 5381 $386 8691 5386 5386 $363 $363 $363 $363 10011000 Measure mstatla6on and pmgram admmistra6on Advantages Disadvantages No staffing increase beyond current plans a Aggregate electric bills for Ashland necessary. consumers higher than more aggressive options. No changes necessary to BPA programs. • The strategy does not produce Ashland's proportional share of regional conservation targets, which contributes to higher regional costs for more expensive resource alternatives. Conservation Assessment for City of Ashland[2] ffol�O Pacific Energy Associates Page 8 • ATTACHMENT 3 o a.y i':zryy43.1: > `a �49.u"y am g S° £s s c s Ex ?A E] nSY 9.0 St1n8.'Ci.4yU1`1y� f S' y.Fi'a�j�•Y Ey%; `.n kR 'C ` f•.b k .; 6 > k ,R 3t �'::`.^ .k : 9.: s•� v<.n,npo �S,yoEOA' �7.<.. Y°<. ..,.:: .......;..:_o: 7 wv mafar elemems are added#a the t ampartents of&frat>ygy _a strong effctrtto aanserve#n extstrrrg commerclai buttdngs, attd a Hare irttenstve residetttat sireTlzat(an�ca tiite exPsTnggtttir�erctaf nectar yrauld undetga same type ot8ffictency ac#tvatyt ,attd Heartytwo- Its nfiite t�9nta�?gtng trwea#hsrzeYt .; hares way#d da the same a >; r«�•%4s T'Toorsx ��o.. New Conservation 1993 1994 1995 1996 1997 1998 1999 2000. 2001 2002 2003 MWh/Year 815 1.529 2,243 2,566 3,126 2,135 1,261 904 904 904 904 = r�r�9lMVwr� Cost(thousands) $566 $1,037 $1,507 $1,655 $1,576 $1,271 $498 $474 $474 $474 $474 = �oloo6iova Measure instafladon and Program administration b .. Untr.S'ro�:...a ..E.i..:.._:»:.,:.< .x.�•.4>�. x.C,.Y xnN<k`C'2?:Mn.: .C,:S.. .r M .<,fr^`3es ;:..R3ne:,„y�:• •r'�x.:ys..kky>:Ry • ,✓�1t1 .f. 7S '.n n � :` �`r^'9 �" ;tt, ..az..tr »f `"/�i ads s,'sy s`.<".:>'R, wAn. .F;E: <.:... : ... .t,°?s:.d`;•'?n.,tu.e?<4: :new` °K � nx� Advantages Disadvantages 1 • Twice as much conservation as Strategy 1. • Higher levels of production will require the addition of one more person to the utility's conservation staff. • Utility contributes more than its proportional • BPA's current program may not cover share of the region's target. 100% of the administrative costs of this program. • Twice as great of a reduction in power purchases from BPA as Strategy 1. 1 1 iConservation Assessment for City of Ashland[2] Gq� Pacific Energy Associates Page 9 >� ATTACHMENT 4 t�1`�.,"�� i1Al>�$����t�� ��♦��,�!1���`� � Q ��,4�s )4 �• 4 4 v)n a 3�f v < n 1 lrt:reaseaf�ncentives and marketrng.are adder to exrsteng resrtleniraf and commercfai, ' resufttng 1»higher penetration rates A suoaess€ut effort fs made to encourage satar v uiater3reafrny Reglonat programs came On 1f�e fry the areas clftilcult€or,tf+e iota/xrtltttyJ. i to be t3tf>ecttvg;on�rerr nwn,srach as �esidextfal ap�anCes andcommercta!gq!utpmeret• repiarement. hIV 4 Q 2MQ 4 y4f:,,Q�»4S S 9 6 kR `f F S l 5< 5.9C k @ •`b y`.... New Conservation 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 MWh/Year 794 1,572 2,384 3,249 4,377 2,723 1,913 1,134 1,106 1,016 981 = 111aN4Nk Cost(thousands) $557 $1,052 81,560 $2,124 $2,473 81,467 8974 8569 $555 $511 8492 =i713521oor Measure installation and program administration Advantages Disadvantages • Conservation benefits nearly three times as • BPA does not yet have effective efforts to great as Strategy 1. deal with commercial equipment replacement and residential appliances in Ashland's markets. . The issue of who pays for the program's administrative costs is aggravated at a s. higher level of production. I i I 1 Conservation Assessment for City of Ashland(21 G� Pacific Energy Associates Page 10 0* ASjj rmoran u A: October 13, 1992 Q- City Council and..,City Administrator rum: Mayor Catherine Golden p City Attorney Annual Evaluation our esteemed City Attorney, Paul Nolte, has been with us for a whole year and its time to evaluate his performance. Please do so on the attached form and return it to me by October 23rd. Thank you. i City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM October 8, 1992 TO: Mayor Golden FROM: (r Paul Nolte, Attorney i SUBJECT: Annual Review and Evaluation ,I Section Four of my employment contract wish the city requires an annual review and evaluation of my performance by the mayor, city council, and city administrator. "SECTION 4. Performance Evaluation The Mayor and City Council and the City Administrator shall review and evaluate the performance of the employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by City and Employee. Further, the Mayor and Council shall provide the Employee with a summary written statement of the findings of the evaluation process and provide an adequate opportunity for the Employee to discuss his evaluation with the Mayor and Council." Attached is a suggested evaluation form plagiarized from the cities of Reedsport and Springfield. I will leave it in your good hands to move forward with the evaluation or to develop other criteria should you so choose. Attachment I (p:daily\evaluatn.Mem) i,I H ro v xy c� m H z bD ✓y A H n , y > K r K v A v v v v v v v .... v O (D O C N z Yyo n> r a > O O O 0 w n O O O z i O O a H. N (D a N 'O '(Y 10 a rt Y• a (D O O O (D 'd b 'o 'J n M m Fi O rt rr N 4 0 (n P. P. W. r N " W G a J < Y- Y• W H N < x' 7 rt�< Y• a r•Y• O O O •• a CI ft w 7 rt Y• 7 m r N () (D N r J N P. P. Y• b G Y• r 0 rt " N Y• Y- Y• •• •• Y- Y• H N rt P.(t O O O 'o N n H. Y-a E O O O m p r m rta 0 N a O J' O " N Y- 'G r V n ".3 O J c w Z a rt Z N N N - O Y-'O " (D rt O N N N 71 7G' m ft 0 10 O w O w F, (A M Fi m M N rt 0) (D a w w n 7 ft tr' a K w a w 0 ea N rt H " K H. Y- r < a 0 n N ki tia rt Old ri 010 (D (D (D a a O (D P. fi K (D (D (D �i J " N fi r( rt 7 t$ 5 N (D a o (D Y• O O a rt n (D a N (D Y• w rt 0 ... z N O ti < O < 0 H. r Y- a w :1 () a r N M o P. o Y- 0 5 N r Y• O o w () () (D O G a a c (D_ a (D O O n Z 9L rt w . m rt (D (D N r H < " n rd 0 n N M fi Y- a Oa a K (DGO " N a G (D O O rt r (t z .'0 a V) rt r a (D O rt n (D \ � O rt (D a rt P.Y• rt a () ' rt (D a n H O r � 7 rt r•n Y• (D M H ro (DK (DN r rt a w K r N H a y tD rt O O O �1 fD 'L H N K tC EXCELLENT GOOD w SATISFACTORY F Elm (D r UNSATISFACTORY C NO OBSERVATION y�( r DO H H °z 0 rzj z H Cl) fn H N n (0 r) n W > t U1 Y' C > 0 n w > n t" z v H v G�i v H v v .07 I w H a rt s 0 £ 0 O O w 0 0 W a n H () N tl] H m 0 tt4 L n H. H O r- P LQ a r- rr r! •b P- 0 O n o n 5 O (D (D r• M M r- w n \ I•-A < N- H � N NN• rrt (nDrt"< H Z' UI � Q- N7A- y °•roar z (D (D n P. m C C) r- !n 0 L 0 7 M O O (D r• n G 5 O G H O O H N xd 0 r t d z A. r- •• r- a (D N G rt r• r- z N N r- w (D r- w C O t$ (D M rt H- (D 0 H M (p N H rt' N rt H r• N N •• rt H Z H H Z M G P. a P !O H• 7 N r• n < N (D H. N H O (D 0 K o n (D M (I < (D N rt H ;N N O O w RK f] n 7 P• N P. (D n rt W M n t9 (D NK b C M G n 'r O (D rt r- N M r• N O (D a (D U1 G N t" M (D K (D G' t$ Ro n - a n - 0; O rt r• H (D b c .Y '0 r• w N n £ (D N (D z G O n G Vl N n > r- o rt m r- P. P. U) N rt rt fD r- rt (D t'7 (n r• N N •• UI N •'3, c H (D w rt rt H rt (D � P. N O r• N C G O rt (D H --Ai (D 7 < r•K (D (DG CO : CO •• a MEn 0 z rt 0 W N 7 rt rt (D r (D r G% G H Iz M r• r- w rt rt (D ,'Y (d G N G ::1 rt n rt (n O w a rt Old P. (D rt rt (D O P' (D O H in n H (D r- O £ w r• w P. n H (D LP n P. o w rt H. Fl. 0 n O n 0 (D w llrD x r p < (D rt G omo mZ ann a H < a (D tf O 7 ::r G N N n r• P. G H LP K r- (t H G O 'U - rt P. rt O c R, w P. r- O r- O H F{ K G r• z H 'H H- a o rt. H• (D w (D w rt LP (D r- �l H G r• r a G 'i7 �5 r• w m � G 13 M Gto - n ¢ w P. 5 n rt W r• o o O w N n (D (D G' £ rt n F-! r• rt w o (D o H (D P. rr M w r r• rt P. rt K rt, H 7 N J (D r- (D `�• N I EXCELLENT I GOOD SATISFACTORY UNSATISFACTORY NO OBSERVATION A tl7 tz3 I i m C H H U] w O z m > z H h] C H �o ro u O O O m H O z H --q z ro z M H M > ro K H 0 ro O H ° 0 M 0 H H ;D' ro H > H H r ro 0 M ho m 0 H m H x H z r C (n O h7 H G) ro H H C Z z H > 0 H H> z 'd [TJ O H > H a z W K H C > r z 0 H :r H M 0 H F-3 H to. V] tl H G) > V H O z r< H H r< O r H m > H H z ro O O z n c K m H m H x cn z z > r r M x r H K (n [+ r H H r I Z' 0 crn K K H O H cn Ly N r . (n O w � c w o, EXCELLENT GOOD SATISFACTORY UNSATISFACTORY NO OBSERVATION n r� z H V emsOf . O ' A Pm V 4 Gf. ndum OPEGG� • lll��. October 13 , 1992 0. Council YQ1IT. Pam Barlow, PW Admin. Asst. 06UhjCCt: Airport Minimum Standards REQUEST That Council approve a shortened and slightly modified version of the minimum standards to clarify which apply to the primary fixed base operation. These would be called the Primary Fixed Base Operator Minimum Standards. BACKGROUND The general aviation minimum standards as written include detailed standards for thirteen different areas. When using this document to present the minimum standards for a fixed base operation, it could appear that all thirteen areas must be performed by the primary fixed base operator. The Airport Commission has developed a truncated version to more clearly define the minimum performance standards for just the primary fixed base operation. The standards for the other areas remain unchanged. i I CITY OF ASHLAND PRIMARY FIXED BASE OPERATOR Minimum Standards at ASHLAND MUNICIPAL AIRPORT Ashland, Oregon j PURPOSE - The following "Minimum Standards" and requirements for general aviation commercial aeronautical activities APPLY TO ANY FIXED BASE OPERATION AT THE ASHLAND MUNICIPAL AIRPORT AND have been established in the public interest for the safe and efficient operation of the Ashland Municipal Airport (AIRPORT) to enhance the orderly growth; to comply with Federal, State and local government legal requirements; and to provide information to parties operating or desiring to operate at the Airport. These standards establish minimum levels of service that shall be offered in order to protect the public welfare and prohibit irresponsible, unsafe, or inadequate services. The City of Ashland (CITY) reserves the right to waive these standards, or portions thereof, when it deems in its discretion, such waiver is in its best interest and would not be discriminatory to those operations at the airport. FOR OTHER ACTIVITIESt PLEASE INQUIRE REGARDING STANDARDS FOR THOSE PARTICULARS. Set forth below are minimum standards and criteria applying to the general aviation commercial activities at the - airport. SECTION 1. Definitions The following terms used in the Minimum Standards are defined as follows: Aeronautical Activity - Any commercial activity which involves, makes possible, or is required for the operation of general aviation aircraft, or which contributes to or is required for the safety of such operations, but does not include activities of Air Carriers, Air Commuter service providers, or the military. Aeronautical Activity Provider - A commercial enterprise providing one or more aeronautical activities for the general aviation public as hereafter enumerated, also hereinafter called a Specialty Operator. Air Carriers - The commercial system of air transportation, consisting of the Certified Route Air Carriers, Supplemental Air Carriers, commercial operators of large aircraft (Aircraft Charter) , and Air Travel Clubs, all using aircraft capable of carrying 60 or more passengers. i I I I t Air Commuter Service - An Air Taxi which. performs at least five round trips per week between two or more points and publishes flight schedules which specify the times, days of the week, and points between which flights are performed. Operators which are registered under 14 CFR Part 298 may also operate aircraft of less than 60 passenger, and less than 18, 000 lb. payload capacity. Air Taxis in this category are required to have a lease and/or operating agreement with the City. Aircraft Charter - The provision of aircraft larger than Air Taxi for hire, with pilot, on an irregular or unscheduled basis in accordance with FAR Part 121. Aircraft Rental - The rental of an aircraft without a pilot. Air Taxi - The carriage in air commerce of persons or property for compensation or hire, on a demand basis, as a commercial operator (not an. air carrier) in aircraft having a maximum seating capacity of less than 20 passengers or a maximum payload capacity of less than 6,000 pounds, or the carriage in air commerce of persons or property in common carriage operations solely between points entirely within any state of the United States in aircraft having a maximum seating capacity of 30 seats or less or a maximum payload capacity of 7,500 pounds or less. These operators operate in accordance with FAR Part 135. Air Travel Club - An operator who engages in the carriage by aircraft of persons who are required to qualify for that carriage by payment of an assessment, dues, membership fee, or other similar types of remittance. Ashland Municipal Airport - Sumner-Parker Field, a municipal general aviation airport operated by the City of Ashland, also referred to as "AIRPORT" . Aviation Related Business - A business in which the service, product, or activity is directly used in the operation or service of aircraft. Certificated Route Air Carrier - An air carrier holding a Certificate of Public Convenience and Necessity issued by DOT to conduct scheduled services. Non-scheduled or charter operations may also be conducted by these carriers. City of Ashland - The City of Ashland, Oregon, an Oregon Municipal Corporation and owner of the Ashland Municipal Airport, also referred to as "CITY" . Fixed Base Operator - An Aeronautical Activity Provider meeting specified minimum standards contained herein and providing one or more Aeronautical Activities for general aviation users. i I 1 Flying Club - An association of pilots who collectively own, lease, or rent aircraft. Each club must be a non-profit corporation (in accordance with IRS rules) or partnership. Each member must be a bona fide stockholder in the corporation. The club's aircraft may not be used by other than bona fide members I for rental and by no one for commercial operations as defined by these standards. I General Aviation - The following aviation activities: Use of aircraft for private, business, recreational or agricultural purposes, but not including the activities of Aeronautical Activity Providers, Air Carriers, or military activity. Minimum Standards - The qualifications established by the City in this document as the minimum requirements to be met, as a condition for the right to conduct an Aeronautical Activity on the Airport. Non-Commercial Aviation Operation - A business or corporate group engaging in general aviation activity only for the private or internal purposes of such business or corporate enterprise and not offered as a commercial activity or service to the general public. Normal Business Hours - Eight (8) hours per day except as otherwise authorized by the City. Person - Individual, partnership, joint venture, corporation, stock company, association, or any other business organization. Primary Fixed Base Operator - The Fixed Base Operator leasing the City terminal building, maintenance hangar and fueling facilities from the City. Ramp Service - The provision of minor services for aircraft including loading and unloading, cleaning, washing, adding oil, parking, and tying down of aircraft. Ramp Service may also include minor repairs performed on the ramp that can be completed in an 8-hour period and that do not require major disassembly of aircraft. Scheduled Air Carrier - An Air Carrier performing regularly scheduled air transportation over specific routes to and from Ashland. Scheduled Air Carriers are required to have an operating agreement with the City. Specialty Operator - See Aeronautical Activity Provider. Supplemental Air Carrier - An Air Carrier holding a Certificate of Public Convenience and Necessity issued by DOT authorizing the carrier to perform passenger and cargo charter services supplementing the scheduled service of the Certificated Route Air Carriers. Such carriers are not directly covered by the Minimum i Standards unless based at the Airport. Such carriers are required to have an operating agreement with the City. SECTION 2. Permit - No person, including an Aeronautical Service Provider, shall offer or perform an Aeronautical Activity, operation, or service at the Airport without written authority for such service, operation or activity having first been obtained from the City. Such authority will generally be contained in a permit from, or lease, or operating agreement with, the City. Aeronautical Activities of Scheduled Air Carriers and municipal, state and federal agencies shall be required under other appropriate regulations and agreements with the City. SECTION. 3. Exclusive License Prohibited. No permit, license, or lease for exclusive rights to provide an aeronautical activity, service, or operation at the Airport shall be issued by the City, unless such licenses or leases are permitted by law. The City may grant permits or leases to other persons for the performance of services as provided in these standards, provided that said person complies with the minimum requirements as set forth in these standards. SECTION 4. Ground Lease and Structures. Operators who are required by the nature of the Aeronautical Activity at the Airport wholdesire, or who are required by these Minimum Standards, to provide or obtain ground space and to occupy structures at the Airport for such activities, shall enter into a lease agreement(s) with the City for rental of such land and/or structure on such terms and provision as the City shall require; provided, however, the terms and provisions of the lease shall not be arbitrarily discriminatory to the lessee. All lessees must first be approved by the City and lease proposals shall be evaluated against, and guided by, these Minimum Standards. The City shall allocate ground space to Lessees in accordance with the City's policies, Airport Master Plan and land use plans adopted by the City. Such leasees shall be required to obtain a business license and a license for commercial activities at the Ashland Municipal Airport_ to engage in the specified Aeronautical Activity. 4. 1 All structures erected at the airport shall comply with all applicable building regulations, including fire, electrical and plumbing codes. Structural and architectural design of all structures shall be subject to written approval of the City. 4. 2 Termination of Lessee's ground lease or operating agreement without other satisfactory arrangements for ground use by the Lessee having been made with the City shall automatically revoke the license or permit for all Aeronautical activity, service or operation at the Airport. SECTION 5. Fixed Base Operator Categories This section describes the various categories of Aeronautical Activity Providers (Fixed Base Operators) that are permitted to conduct commercial Aeronautical Activity, and to have a leasehold upon the airport. An FBO may combine any or all of the categories below, subject to the City's FBO Operator Standards for the Airport and the prior approval of the City. Also included within this section are descriptions of aviation related activities which may have a leasehold but which are not FBOs and may not conduct commercial aeronautical activities, i.e. , flying clubs and corporate/private use tenants. The primary Fixed Base Operator shall provide services as defined herein. CATEGORY A. PRIMARY FIXED BASE OPERATOR STANDARDS In order to conduct a fixed base operation at the Ashland Municipal Airport (Airport) , the City of Ashland (City) requires the Primary Fixed Base Operator (PFBO) to meet the qualifications and minimum requirements for conducting a nonexclusive fixed base operation on the Airport as set forth below. I. Oualifications A. Prior to entering into a fixed base operator agreement, the proposed PFBO shall demonstrate the following to the satisfaction of the City: 1. Experience in fixed base operations, or other aeronautical experience prior to the date proposed to commence a nonexclusive fixed base operation on the Airport. 2 . Demonstrate good moral character, including but not limited to no convictions for: a. Criminal offenses incident to a public or private contract or subcontract; b. Violations of the Organized Crime Control Act of 1970; C. Violation of Federal Anti-Trust statutes; d. Embezzlement, fraud or similar crimes which are indicative of a lack of business integrity, or the suspension or debarment from award of public contracts or terminations of a public contract. 3 . Financial ability to carry out all of the terms and conditions of a nonexclusive fixed base operator agreement. i 4. Ability to furnish good, prompt, efficient and courteous service on a nonprejudicial basis, adequate to meet all reasonable demands of the public. i , 5. The applicant for Airport lease will submit a financial statement including all names of owners, of. officers if applicant is a Corporation. Any subsequent change in Officers will be submitted to the City during the duration of the lease. II. Minimum Requirements and Performance Standards A. The PFBO or a subtenant operating under a sublease duly authorized by the City, shall provide the following minimum goods and services at the Ashland Airport. The City reserves the right to enter into a non-exclusive agreement with an individual other than a PFBO to provide one or more of said minimum goods and services on the Airport. The PFBO shall provide to the General Aviation market the following minimum goods, services and facilities: 1. A sufficient number of PFBO owned-leased aircraft shall be permanently based at the Ashland Airport: a. For flight training requirements, and b. To reasonably satisfy the needs of the community for rental aircraft. Other types of aircraft are at the option of the lessee. 2r: Line services, on a non-contract, on-demand basis during business hours, seven (7) days a week, consisting of: a. Aircraft parking facilities, including transient, term and/or monthly aircraft tie-down as indicated on lease map, Exhibit A; b. Fuel sales and fuel handling services to General Aviation aircraft, during normal business hours. c. The PFBO shall provide 80, 100 and turbine fuel unless otherwise authorized by the City. d. Collection of certain airport fees levied by the City. e. An aircraft maintenance and repair shop in an enclosed hangar building(s) capable of holding a minimum of one light twin engine aircraft, within 12 months from executing lease, if building construction beyond the additional structure is required. f. Maintenance, inspection and repair of airframes, aircraft engines and aircraft accessories by at least one airplane and power plant mechanic (A&P/IA) certified by the FAA to provide such maintenance, inspection and repair services. g. An adequate store of aircraft maintenance and service components. h. The existing terminal building with a total area not less than 1,000 square feet of ground floor space, providing office area and public facilities, including a pilots' lounge, public restrooms, public telephones and access to ground transportation. i. A manned Unicom radio transceiver. i j . An adequate supply of merchandise and materials related to the operation and safety of General Aviation such as, but not limited to: 1. flight materials 2. maps and charts 3 . log books 4. flight computers 5. manuals such minimum goods, services and facilities must be provided directly by the PFBO or by a subtenant operating under a sublease approved by City prior to the initiation of the sublease. For the purpose of these standards and services Commercial Aviation is defined as all operations and aeronautical activities performed by air carriers, air charters, air taxis, non-scheduled operators and military. General Aviation includes all other aeronautical operations. 3 . Fuel Storage and Handling. a. The PFBO shall have personnel, trained in FAA fuel handling procedures, on the premises during normal business hours, and on-call seven (7) days a week, who will provide fuel sales and fuel handling procedures shall be in accordance with FAA Advisory Circular 150/5230-4 "Aircraft Fuel Storage, Handling and Dispensing on Airports" . b. All fuel storage and dispensing facilities I constructed, installed and/or maintained on the Airport must be approved by the City. 1 C. Any fuel delivered into any aircraft by the PFBO shall be dispensed through a filter, conforming to FAA requirements, at the Ashland Airport. d. Fueling of aircraft by a PFBO at a location other than the PFBO's leased premises shall be permitted only in the event the PFBO is requested to do so by the customer being served. 4 . The PFBO shall obtain and keep in full force and effect at all times all approvals, licenses, permits and certificates necessary to conduct a fixed base operation on the Airport. 5. The PFBO shall comply with all laws, ordinances, rules, regulations, directives and circulars issued by any federal, state or local government agency having jurisdiction over the Airport, including but not limited to the requirements of Title VI of the Civil Rights Acts of 1964, any Exclusive Right prohibitions, all Affirmative Action requirements of Title 14 Code of Federal Regulations Part 152 and lease provisions required by the FAA. 6. The PFBO shall comply with all the rules and regulations established and maintained by the City. 7. The PFBO shall obtain FAA approval, by way of. FAA Form 7460-1 or any other appropriate approvals, prior to commencing any construction or installation on the leasehold. 8. The PFBO shall provide reasonable security for the leased premises. 9. The PFBO shall provide necessary and appropriate training of all employees including, but not limited to, training in fuel safety and fire and accident procedures. 10. The PFBO shall submit to lessor monthly reports of operations, such reports to include but not be limited to data relative to fuel sales, landings and takeoffs, hangar occupancy, number of tie-downs occupied, special events, and narrative information as to overall usage of the subject airport. 11. It is mutually understood and agreed that City shall have access to the PFBO's accounts and records at any time during the normal business hours upon three days' notice for the purposes of audit. It is further understood and agreed that the City shall have the right to one unannounced audit per year at the City's expense. 1 . It is mutually understood and agreed that incidental to this right of inspection, that the PFBO shall keep acceptable I accounting records according to standard approved accounting procedures for income tax purposes during the term of this lease and for at least three (3) years after the expiration of the lease or the extension thereof. I III. Other FBO Rendered Services The PFBO will serve as the City's representative disseminating and monitoring the Rules and Regulations Pertaining to the Ashland Municipal Airport as adopted by Council Resolution No. 78-10 or as amended by the City Council (Exhibit A, attached) . IV. Other Services In the conduct of its fixed base operation, the PFBO may conduct other types of business listed in categories B through K on its leased premises subject to the approval of the Airport Commission and City Administrator or authorized designee, or at such other locations as may be approved by the City Administrator or authorized designee. CATEGORY B. AVIATION FUEL SALES AND RAMP SERVICE CATEGORY C./ FLIGHT INSTRUCTION AND AIRCRAFT RENTAL CATEGORY D. AIRCRAFT CHARTER AND AIR TAXI CATEGORY E. CROP DUSTING AND SPRAYING CATEGORY F. AIRCRAFT SALES CATEGORY G AIRCRAFT ENGINE, PROPELLER AND ACCESSORY MAINTENANCE CATEGORY H RADIO AND INSTRUMENT MAINTENANCE, REPAIR AND INSTALLATION CATEGORY I. SALE OF PARTS I CATEGORY J. AIRCRAFT PAINTING I CATEGORY K. HANGAR KEEPER CATEGORY L AIRPORT TENANT (CORPORATE ADN PRIVATE USE) CATEGORY M. FLYING CLUBS i i I I SECTION 9. Noise Impact. Due consideration for the noise impact on the community surrounding the Airport will be given by the FBO in the selection of aircraft and related activities. In the event the above standards conflict with the provisions of the City or other applicable local, state or Federal regulatory agency, the most restrictive standard shall be applied. SECTION 10. Facilities Development. The City has the right to further develop and improve the airport, its property, improvements and future facilities, including hangar construction as the City deems appropriate to the public interest and shall have no responsibility to the FBO for any loss of revenue which might be caused by such development or improvement. SECTION 11. Standard Lease Provisions: Lessee and Persons entering into operating agreements will be required to sign agreements containing standard lease language in accordance with the following: i A. Insurance - The City imposes certain insurance requirements on all permittees and Lessees. The types of insurance coverages and amount of insurance (minimum limits) may be adjusted periodically by the City Administrator or authorized designee and may be tailored for a specific permit or lease. A copy of the types and amounts of required insurance can be obtained from the City. The following list is an example of what the City may require, but not necessarily be limited to. 1. Airport Premises Insurance: This insurance . protects the City and the public against any and all liability by reason of licensee's conduct incidental to licensee's business at the Airport caused by or arising out of any wrongful act, or omission to act, of licensee. 2. Fire Insurance. Fire insurance will provide coverage on buildings and all facilities occupied for full replacement value unless other coverage amounts have been approved by the City. The proceeds from any fire insurance shall be used for the restoration or reconstruction of the facility(s) should the City so elect that this be done. 3. Hangar Keeper's Legal Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee's use, control, or storage of aircraft. i 4. Aviation Product Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee conducting a repair station, selling lubricants, products, or equipment, and other such services. 5. Automobile Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee's vehicles, whether owned, leased, borrowed, or used in licensee's operations at the Airport. 6. Aircraft Liability Insurance. This insurance iprotects the City and the public against any and all liability by reason of aircraft operation by licensee. 7. Worker's Compensation Insurance. Operators will be required to obtain the statutorily required workers compensation insurance, for all of its . employees engaged in work under the terms of the license. 8. General Requirements - All Insurance. Operators will be required to name the City as an additional insured on Licensee's insurance policies. Each policy shall contain an endorsement entitling the City to 30 days prior written notice of any material change or cancellation. Insurance policies required shall be placed with companies acceptable to the City and shall be in such form as the City prescribes. A copy of all policies or certificates of insurance thereof satisfactory to the City shall be delivered to the City prior to commencement of licensee's operations showing the City is an additionally named insured, a certificate of insurance evidencing the coverage in effect, limits and expiration date. B. License and Permit Fees. The fee for licenses and permits shall be as determined by the City. These fees shall be due at time of issuance or renewal of license or f permit, and shall be payable in such manner as determined by the City and specified in the permit, license, lease, or other applicable regulation. C. Exclusive Use of Premises. Any licensee wishing i exclusive use of any premises upon the airport must enter into a lease agreement with the City, upon such terms, conditions and provisions as contained in the lease agreement. D. Termination of Lease or License. The failure of a lessee, permittee, or licensee to comply with the terms of the lease, license, permit, or operating agreement will give the City the right to terminate the agreement or permit. A licensee may appeal any license termination to the 'City Administrator upon filing written notice of appeal with the City Administrator within 10 days after termination. E. Notice. All Aeronautical Activity Providers shall notify the City Administrator or designee in writing of Aeronautical Activity Providers current mailing address. Any notice given by City to Aeronautical Activity Providers shall be deemed to have been received upon personal receipt, or if mailed, either the date of receipt if mailed by certified mail, return receipt requested, or three days after the date of mailing, whether mailed by certified mail or first class mail, whichever occurs first. F. Operation of Business. No Aeronautical Activity Provider shall conduct their business so as to cause a nuisance or to disturb the quiet enjoyment of others, or unreasonably interfere with the operation of other Aeronautical Activity Providers at the Airport. No Aeronautical Activity Provider shall interfere with the convenience or safety of transient aircraft or other operations of the airport. If Aeronautical Activity Provider's flight operations interfere with the safety or convenience of other aircraft, airport users, or air operations, the City may impose restrictions upon such Aeronautical Activity Provider. G. Registration of Aircraft and Commercial Pilots. Any aircraft owned or operated by the licensee and used in its j operation shall be registered with the State of Oregon in compliance with ORS 493. 030 except as individually registered or covered by a current aircraft dealer's license. Any pilot employed by licensee or any pilot using any of licensee's aircraft shall be registered with the State of Oregon as required by ORS 493.040, except as exempted by said statute. 1 H. Non-discrimination. Aeronautical Activity Provider, permittee, licensee, or lessee, their heirs, personal representatives, successors in interest and assigns shall not discriminate on the grounds of race, color, religion, sex or national origin in the conduct of its business, furnishing of services, or construction of any improvements if permitted by City. I. Combination with Other Operator. No operator shall combine their operations or quarters with any other operator without prior written approval of the City. J. Use of Airport Premises. Operator shall use the airport premises in compliance with all rules and regulations imposed by City, State, or United States Government, including those imposed pursuant to Title 49, Code of Federai .Regulations, Department of Transportation, Subtitle j A, Office of the Secretary, Part 21, Non-discrimination of Federally Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said rules regulations or statues may be amended after issuance of the license. SECTION 12. Severability. The sections and subsections of these minimum standards are hereby declared severable, and the invalidity of any one section or subsection, word, paragraph or sentence shall not effect the validity of the remaining sections, subsections, words, sentences or paragraphs. APPROVED BY THE CITY COUNCIL Catherine M. Golden, Mayor I 22 I I I CITY OF ASHLAND ASHLAND MUNICIPAL AIRPORT MINIMUM INSURANCE REQUIRE14ENTS FOR AERONAUTICAL ACTIVITY PROVIDERS JULY 1989 The City , of Ashland will require any or all, but not be limited to, the following minimum insurance types and amounts for aeronautical activity providers at the Ashland Municipal Airport. Each individual Aeronautical Activity Provider will be analyzed by the City for specific requirements. Aeronautical Activity Providers are required to produce proof of insurance as required by the City of Ashland prior to issuance of a Business License (Ashland Municipal Code Title 6, Chapter 6.04) or Licenses for Commercial Activities at the Ashland Municipal Airport (Ashland Municipal Code, Title 6, Chapter 6. 38) . General definitions of the types of insurance are contained in section ll.A of the General Aviation Minimum Standards for the Ashland Municipal Airport as adopted by the Ashland City Council. GENERAL REQUIREMENTS-ALL INSURANCE Operators will be required to name the City as an additional insured on Licensee's insurance policies. Each policy shall contain an endorsement entitling the City to 30 days prior . written notice of any material change or cancellation. Insurance policies required shall be placed with companies acceptable to the City and shall be in such form as the City prescribes. A copy of all policies or certificates of insurance thereof satisfactory to the City shall be delivered to the City prior to commencement of licensee's operations showing the City is an additionally named insured, a certificate of insurance evidencing the coverage in effect, limits and expiration date. AIRPORT PREMISES INSURANCE The minimum insurance coverage shall be $1, 000, 000. FIRE INSURANCE The minimum insurance coverage shall be for the full replacement value of the facilities. The proceeds from any fire insurance shall be used for the restoration or reconstruction of the facility(ies) should the City so elect that this be done. i - ,I HANGAR KEEPERS 'LEGAL LIABILITY INSURANCE The minimum insurance coverage shall be $100, 000 for each aircraft and $500, 000 each occurence. AVIATION PRODUCT LIABLITY INSURANCE i The minimum insurance coverage shall be $1,000,000. AUTOMOBILE LIABILITY INSURANCE The minimum insurance coverage shall be $500,000 combined i single limit liability for bodily injury including death, and property damage in any one occurence. AIRCRAFT LIABLITY INSURANCE i The minimum insurance coverage shall be $1,000, 000 provided however that if licensee operates aircraft with the capacity of more than four (4) persons, including pilot and/or flight crew, minimum amount of coverage required shall be $2, 000, 000. If operation of aircraft with a capacity of more than four (4) persons is occaisional, licensee shall furnish proof of insurance prior to each operation. WORKER'S COMPENSATION INSURANCE All Aeronautical Activity Providers will be required to obtain the statutorily required workers compensation insurance, for all of its employees engaged in work under the terms of the lease. I i I , I I' I City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM October 16, 1992 TO: Mayor and City Council FROM: Paul Nolte SUBJECT: Open Space Park donations from Jere Hudson In late 1991, Jere Hudson donated to the City of Ashland's Open Space Park Program two small parcels of property (both together totaled less than one acre). These parcels were encumbered by a Department of Veteran's Affairs (DVA) mortgage. This donation triggered an increase by the DVA in the interest rate, payment amounts, and other consequences of Hudson's remaining property. DVA has been unrelenting in its insistence that it is required to penalize Hudson for this transfer. DVA will, however, if the property is conveyed back to Hudson, revert to the original terms of the mortgage. DVA will then consider an application for release of the donated property from the mortgage at which time Hudson would be able to donate the property again to the City. The council is requested to approve such actions as may be necessary for staff to implement the above and to authorize the Mayor and City Recorder to sign such documents as may be necessary to effect the reconveyance of the property back to Hudson upon the condition it be donated back to the City when free of the DVA mortgage. Open 5p� � (3aRw I � i i ` of aAR�Of-, t I Iv-81891 O � 1 1 i . (V.)Y:9) i 5100 .000 ;900 9800 Jere P�-oposeJ Opel, UT--EY -`— - -STREET- ...., 600 900 T u. i 700 \'^' f f`. � 1 (P4W881 Soo ; QpNASe� 5 I.zex (v 26) �1 � p'W�afl11��pRtll I/ 1 I . I 1 �Pt• one" October 16 , 1992 MEMO TO: Ashland City Council FROM: G. Philip Arnold Re: Homeless Committee/Projects The committe on the homeless which was confirmed on July 21 , 1992 has met six times . for approximately 1 hour each time. As seems to be my fate these days, we have spent a fair amount of those six hours discussing process and philosophy, we also have done some concrete things and have some specific proposals which include City involvement. The most important thing we have done to date is to familiarize ourselves with all of the programs operating in Ashland and Jackson County . This has been of significant importance to the Police Department as they - now have more information to make referrals when they encounter someone in need. We have made an analysis of the question of whether any new ordinances are needed. Captain Bernard and .I met with Paul Nolte and discussed various problem areas which have arisen. We have concluded at this point that no new ordinances are needed but we did discuss ,some additional health and safety measures which can be taken within the confines of existing ordinances. There are two proposals that I request council action on at this point. First, I ask that the City undertake a drive to collect clean blankets and sleeping bags which will be delivered to homeless persons on request . This drive is to be in conjunction with the Ashland Interfaith Care Community (AICC ) which is currently providing services to the homeless in Ashland. The Ashland facility operates parttime out of the Trinity Episcopal Church, but they do not have the space to store blankets. I have discussed this with the City Administrator and we propose that blankets be stored at the City warehouse and that this project be denoted a project of the City in cooperation with AICC . Secondly, AICC collects donations from its member churches and purchases nights at motels here in the City for homeless persons. In the last quarter in which it was reported, AICC purchased an average of 42 room nights per month at the average cost of $35 . per room. I request that we amend our transient occupancy tax ordinance to allow the City to waive the transient occupancy tax on such rooms. My proposal is that we authorize Jill Turner to certify any group or ageney _ whieh provides rooms for indigent, homeless ,persoris and °that those persons be exempted from paying the transient ddbupancy tail for the purchase of such rooms. The cost to the City will be approximately $1235 . per year . This will allow AICC to purchase approximately 35 additional room nights per year. Jill Turner has calculated the total cost to be approximately $1235. per year. In the interim, I would like for us to resolve now to adopt this procedure allowing such a waiver so it can go into effect immediately. Future issues that we are currently working on involve trying to find an existing facility which could be used as a shelter and to see if we can work out the various problems connected with operating such a. shelter. We are also looking into making some restroom . and shower facilities available . Longer term we are keeping in mind the need for some transitional housing which could be available for those persons who can stabilize their lives economically and eventually move into long term housing. All in all I would assess the progress as being quite good ! for six hours of meeting time and I am optimistic about making continued progress in providing some assistance to homeless persons in Ashland. Finally, working with this group of like minded individuals who demonstrate such caring and concern . towards homeless persons is inspiring and contributes to my sense of Optimism. J G. Philip Arnold City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM October 14, 1992 TO: Mayor and City Council FROM: Paul Nolte SUBJECT: Amendments to be made to the ordinance entitled "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" presented to the council on October 6, 1992. Pursuant to the council's request to review language ensuring that the "hard cap" for building size could not be varied, the following language is suggested to section 18.72.050.0 of the above referenced ordinance. (ADDITIONS ARE . 's.) 18.72.050 Detail Site Review Zone. I 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 IJer#her the gross square footags sir c�srl€tEslit�d tx5trrzcus3uld>itg ter7gth � sat fCtft111F1 thtstror3 "a be �ubj�:t?t.�t ariy�tariart�authQt�ed�tht♦tLar�,.t3�e Qrt�rtar►te ORDINANCE NO. AN ORDINANCE AMENDING AMC 2.04.090 TO PROVIDE FOR READING OF RESOLUTIONS BY TITLE ONLY. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THR88GH AND ADDITIONS ARE SfthbVb. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2 . 04. 090 of the Ashland Municipal Code is amended to read as follows: 2 .04 .090 Ordinances and resolutions. Every ordinance shall be enacted in accord with Article X of the Ashland City Charter. Every resolution shall receive one {1} reading previous to the vote on its passage, provided however, that it may be read by title only if e_r1-• of the =_____`_' __ prnvi ded fna each ....unell -..memo., r and three (3) provided €er—publie ___-r_-_-_-_ in the -- Reeerdei', net less than leer-- ------ --1 - befere they are t6 be 3eted upen, and ...__ .tded that the title the resellut-iien is ineluded in the Geuneil agenda published in a newspaper printed and published in the Gity ef X1C ©unci� member present sthe n�seting requestsa hax ' (p:ord\resoread) DRAFT October 16, 19MRS ADDENDUM TO MT. ASHLAND SKI AREA LEASE First addendum to Mt. Ashland Ski Area Lease made October 20, 1992, between the CITY OF ASHLAND ("Lessor") and the MT ASHLAND ASSOCIATION, an Oregon not-for-profit corporation ("Lessee") . Recitals: A. On July 9, 1992, Lessor and Lessee entered into the "Mt. Ashland Ski Area Lease" (further referred to in this addendum as "the lease") . The lease provides for the operation of the Mt. Ashland Ski Area by the Lessee. B. Lessor and Lessee desire to amend the lease to establish a restoration fund, to fix ownership of installed equipment and fixtures and to clarify subleasing and payment of taxes. In consideration of the mutual promises set forth in this addendum, Lessor and Lessee agree as follows: 1. The following paragraph is added to the lease as paragraph 2. 1.8: 2.1.8. "Mt. Ashland Restoration Fund" shall mean and refer to a segregated trust fund which shall be held, invested and maintained by the City of Ashland, as trustee, and shall be administered and distributed for the benefit of the Lessor in accordance with the provisions of this Agreement. There shall be no principal initially contributed to the Fund but the Fund shall consist of sums deposited as provided in paragraphs 7.1. 1 and 7. 1. 1. 1. 2 . The following paragraph is added to the lease as paragraph 2. 1.9: 2.1.9 "Mt. Ashland Agency Fund" shall mean and refer to a segregated agency fund which shall account for assets held for the Lessee by the Lessor as custodian or agent. 3. Paragraph 5.2 of the lease is amended to read (words lined threegh T are deleted and �;�1�" words are added) : 5.2. Lesser shall net aequire any ewnership, title er interest in any machinery, equipment, appurtenance or fixture hereinafter placed by Lessee in or upon the Permit Property e b - integral art ef the #eiidiegs struetures, faeillties or mprevements leeated en the Permit ,l_ al: "oe<` ditia3 " t tipuxCy iibi a. x $1 sS+ 'q p evided, heweaer; tha :r ..:: morel eery =eqa}pme�it, appaxtenanee er €13etare repiaees .,.,rtie_ the Permit Property er the Bgalpment er serves a similar funemien to the Permit Property p or the B q'a#pment, or 7 1, then-suehinaehinery, equipment, appurtenanee-ez--fixture a 4 . Paragraph 7 of the lease is amended to read (words lined threugh are deleted and shaded words are added) : 7. Repair and Maintenance. Lessee shall not cause- or permit any waste, damage or injury to the Leased Property. Lessee, at its sole expense shall keep the Leased Property as now or hereafter constituted (with all improvements made thereto) clean and in good condition (reasonable wear and t tear excepted) and shall make all repairs, including all structural repairs, necessary to maintain the Leased Property. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the Leased Property. Lessor shall in no event be required to make any repair, alteration, or improvement to the Leased Property. Any fixture, equipment or materials replaced by Lessee shall belong to Lessor, and all proceeds from the disposition thereofatt usecl.'tpu�rchase ar rmpkce €te, 82cu� sme . (sx materials shall°belong to` Lessor. Lessee shaYY "ini3emnify Lessor against all costs, expenses, liabilities, losses, damages, suits, claims and demands because of Lessee's failure to comply with the requirements of this Paragraph 7, and Lessee shall not call upon Lessor for any disbursement or outlay whatsoever in connection therewith, and hereby expressly releases and discharges Lessor of and from all liability therefor. 5. Paragraphs 7. 1.1, 7. 1.2 and 7. 1. 3 of the lease are amended to read (words lined threugh are deleted and shaded words are added) 7. 1. 1. Lessee shall not be required under this Paragraph 7. 1 to replace any portions of the Equipment which are not needed in Lessee's operations, except that this provision shall not operate as a waiver of Lessee's t obligation to maintain the actual liquidation value of the Leased Property at a level not less than the Minimum Liquidation Value of the Leased Property. If for any reason the actual liquidation value of the Leased Property declines below the Minimum Liquidation Value of the Leased Property, then Lessee shall deposit into the GIE T-ru ` a C; sh7 td lestorat on un3 a sum of money ("the Restoration Sum"`) equal to"the difference between the actual liquidation value of the Leased Property and the Minimum Liquidation Value of the Leased Property. The Restoration Sum shall be so deposited within ninety days after delivery to Lessee from Lessor of written demand therefor. If Lessee disputes I the Lessor's determination of deficiency, then Lessor shall proceed as provided in Paragraph 7. 1.3. Except as provided idea in Paragraph 7.1.2 er as otherwise agreed in writing by Lessor and Lessee, amounts deposited by Lessee into the Gk4 Area ^- -} a at �Sshland 12estoat, an Fund pursuant to this Paragraph shall be used*"" y``for costs of restoration of the Permit Property as required under the Permit, and the trustee shall not use or permit the use of the assets of the PAGE 2-FIRST ADDENDUM (p:egree\mea.add) i C,_: „_,._ In_....4 �..soot.. ,Ashland Restrtrats.on:;:,Ft1Ytc"1 for any other purpose. 7! Y 1 1; Zessee shall axxrfua3,ly depositlir �eptg�nber df each:; year, :Iaegxrir`ittg in 1.99�� ?;i» the; tat. Ashland l�esfi�srati;an Burt , a ruin equal to ten percent og Lessee's nit profits fez Lessee's pze�xxou ' fiacalyear. Net profits, as, used sn thxs paragraph, shall mean the net profits, before ta�cee, that the Lessee earns frr�mthe operation o� the .eased Property Net profits shall be determxnedand certified by' L�ssee'szndependerit �ertlfiel public accountants, in accordance wit2r geriQrally taccepted` accaiantxng princxp3.es. 'No dep°asxt shall be requxi-ed, . . . however, iri; axsy.year where th�B! amount in tie �1t Ashland �testaratzdn Fund exaeed� the Minimum Lxqus�tation �7alue. " 7. 1. 2 . In recognition and support of Lessee's intention to provide educational and recreational programs to residents of the City of Ashland and to operate the Leased Property in a manner which will stimulate the economy of the City, and in recognition of Lessee's inability to commence ski area operations for the 1992 - 1993 ski season without financial support from the City, Lessor authorizes the trustee to pay and distribute to Lessee, within 30 days after the effective date of this Agreement, the entire principal of the Ski Area Trust Fund. f any sums are rema ning n tae:ski AT a' Trust Fundsae of Ghe date of N4 first addendum to;.the isasel all such. sums � inclu3xng interest eai ned on surlx €siims,. .shall Sae imtndlately: transferred: by the trustee into the,Pit T�s� land Agenoy dr•<.: Thereafter: Leeaee may ctepos3t ta, art+ �t3.tt�draw frotn, ,.�hq' I+It Ashland; Agent Funel„suoh sums as ;Ixessee" deems� " appreprxate ar floe apexatiori Of the Leas.... ertyF Provided, kowever wxthrrawais from the 2it:; Ashland Agerscx Fund shall occur nc� moxe frequently than Lessor piys .... .::.. ..7 1. . • .......-..` 41........._.1.:..4 cxxc acQOC cc>:m, the trustee Shall distribute t:eLessee, ther-ete€ere depesited by the T es s see to the ..,_: Area rtl..ust Fund pursuant te Paragraph d emteat-thatthe sum-e€-the value -- the -=sets -- -- - ..- -a Trust Fund (after- making that withdrawal) �Ius the act;aa- liqu_--ties• aloe -_ the ._ease- Preperty at ewe____ the __-.___..__.. _-Z--_..._-__ Value ef the Leased T.....-.......4-• at LL..4_ 4:....._ Lessee shall met under any C l ' eir-eumstanees, be, entitled to receive any income earned with respect to the Ski re "~ �4 'Mt;; AshJ and Agency Fuiic . All 1Re GAZ seta__ be __edited a (-_._ shall be deemed fe all L,..-L...ses to have been earned by-)-the-city of Ashland, but shallbe held and retained by the trustee-xir the Ski Area Trust-Fund €er use eeti ... with the eventual: ....4.......4: en _.0 the Permit Prepe-4•• All income and principal remaining in the Ski Area Trust "••-aMt Ashland;.,';Agency FuriCt upon termination of the Lease shall be distributed by` the steel sadr to ..................... ...................... ....................... PAGE 3-FIRST ADDENDUM (p:agree\maa.add) I I the City of Ashland. 7 . 1. 3 . Whenever Lessor reasonably determines that the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the SR-1 Area Trust Ashland 12estoratien Fuitid is less than the Minimum Liquidation Value of"the Leased Property, Lessor may request an appraisal of the Leased Property by an independent qualified appraiser chosen by Lessee from a list of not fewer than three submitted by Lessor in conjunction with the request. If Lessee does not make the choice within five days, Lessor may do so. The appraiser shall have access to all of Lessee's records as necessary for the appraisal and shall take such steps as the appraiser deems necessary to make a competent appraisal. The appraiser shall report to the parties within 30 days after being chosen. The report shall be final and binding upon both parties. The cost of the appraisal shall be borne by the Lessee if the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the GIA Area t A>a and uri is less than 110% of the Minimum Liquidation 'Value R�staxat3nz of fheleased Property. otherwise the cost of the appraisal shall be borne by the Lessor. 6. Paragraph 11 of the lease is amended to read (words wed threug are; deleted and 111 words are added) : 11. Real property taxes. In the event any property subject to this Lease shall be assessed for property taxes, such taxes shall be paid by the Lessee on or before the 15th day of November of the taxable yearn prcavldsd, however, Lessee may elect tc pay " u ttaes in; aaodhee with ....azi inst�l3.menf:'Fmethocl provided b latii.:< 7 . Except as modified above the terms of the lease shall remain in full force and effect. Lessee: Lessor: . I 1 MT. ASHLAND ASSOCIATION CITY OF ASHLAND I BY BY Its Mayor Cathy Golden BY BY Its Nan Franklin, City Recorder PAGE 4-FIRST ADDENDUM (p:agree\maa.add) RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND TERMINATING A PUBLIC EASEMENT BY QUITCLAIM DEED THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The ten-foot wide electrical easement as recorded in Volume 228, Page 413 of Jackson County Deed Records, is not needed for public use and therefor may be relinquished by quitclaim deed to Bruce Barrett. 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 . I Catherine M. Golden Mayor Rev��� Paul Nolte City Attorney (d:\council\resos92\ease nt.Res) 1 e.�.. O ' � E iL� V i K L► Li 41 •L► GREGO 12 October 1992 Z Q. Brian Almquist, Steve Hall WrDIII: James H. Olson, Assistant City Engineer p�1T�ljEtt: Termination of Electrical Easement near Paradise Lane We have received yet another request for termination of an existing easement, this being an electrical easement located across property owned by Bruce Barrett on Paradise Lane. The easement is a ten foot wide electrical easement granted to the California Oregon Power Company in 1940 (recorded in Volume 228, Page 413) and is located as shown on the attached map. Newly acquired easements running along boundary lines enable this easement ! to be terminated. Approval has been received from Paul Nolte and Al Williams (see attached memo). A quitclaim deed has been prepared by American Pacific Title & Escrow Company which would terminate the City's right,title and interest in the easement to Bruce Barrett. Could this deed be presented to the council for their approval and a resolution prepared authorizing the Mayor and Recorder to sign. The escrow closing is pending on this property and both the owner and the buyers are hoping for a quick remedy. Would it be possible to schedule this for the meeting of the 20th of October? If you require further information, please contact me. JHO:rs\nu«az... Attachments cc: Al Williams Paul Nolte ORIGINAL DOCUMENTS ATTACHED /11�4 mencan Pacific 346 East Main Street Title &Escrow Company d.Oregon 97520-7x33 p y (503)Ashland. �ao3�4aa-o77a October 9, 1992 City of Ashland Attn: Jim Olson Re: Escrow No. : 705771 Parties: Barrett/Duncan Property: Paradise Lane Ashland, OR 97520 Dear Jim, Per your request, I am enclosing a newly revised QuitClaim Deed that needs to be executed by Cathy Golden and Nan Franklin. Once this deed has been executed, please contact me at the number listed above and I will have someone pick up said deed for recordation. I appreciate your assistance in this matter. Sincerely, American Pacific Title and Escrow Company V Eva-'Ziemba Escrow Officer Branch Manager Encl. 1 � p American r, Pacific 346 East Main Street Ashland,Oregon 97520-1833 o Title &Escrow Company (503)488-0778 SCRIVENER INSTRUCTIONS TO: AMERICAN PACIFIC TITLE & ESCROW CO. 346 E. MAIN STREET ASHLAND, OR 97520 American Pacific Title and Escrow Company is instructed to prepare a Transamerica form QUITCLAIM DEED from The City of Ashland , a municipal Corporation to Bruce Barrett . There shall be a "0" conveyance placed on this deed . The legal description to be used is Parcel 2 of Minor Land Partition No. : P-125-1991 , filed December 10, 1991 in Jackson County, Oregon Index Volume 2 , Page 125 and County Surveyor File NO. : 12770 . (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland may have acquired from the California Oregon Power Company, Recorded December 13 , 1940 in Volume: 228, page 413 in the official records of Jackson County, Oregon, for the transmission and distribution of electricity over a portion of the NW Quarter of the° SE Quarter of Section 15. You are hereby instructed to record this deed in the official records . It is understood and acknowledged that there shall be no title report nor subsequent title policy issued insuring the parties hereto, and that no representation , expressed or implied , has been made as to the condition of the property being transferred herein and that American Pacific Title and Escrow Company shall be held harmless from any liability or responsiblity regarding said �f property. IT IS HEREIN UNDERSTOOD THAT AMERICAN PACIFIC TITLE AND ESCROW is acting as a scrivener only and has not given any advice or interpretation of the affect of these documents to the undersigned . The undersigned have/has been advised to seek legal advice to ensure that their interest are being met and /or secured . The undersigned parties hereby acknowledge that they have read and reviewed the documents as drawn to content and accuracy and hereby hold American Pacific Title & Escrow Company harmless from any liability IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS , OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO, THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT, WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. BRUCE BARRETT THE CITY OF ASHLAND, A MUNICIPAL OREGON CORPORATION BY: 1 QUITCLAIM DEED (CORPORATION) THE CITY OF ASHLAND, A MUNICIPAL CORPORATION a OREGON corporation, releasesand quitclaims to BRUCE BARREIT (State of incorporation/ all our right,title,and interest, if any in that k;fusement recorclecl in Volume 228, Page o t e Ja County Deed records located on the real property situated in Jackson County,State of Oregon,described as: Parcel 2 of Minor Land Partition No.: P-125-1991, Filed December 10, 1991 in Jackson County, Oregon, Index volume 2, Page 125 and County surveyor File No.: 12770. (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland tray have acquired from the California Oregon Power Company by that easement, Recorded December 13, 1940 in volume: 228, Page 413 in the official records of Jackson County, Oregon, for transmission and distribution of electricity over the above described property. The true and actual consideration for this transfer is$ 0.00 /Cit Council in open meeti of , 1992 Signed by authority of the ward-of-directors, with tie sea o saT-f id corporation affixed, this day of (Corporate Sea)) ,I- Instrument will net al!ew use Of the property described C.ik mcimrenl in violation of apGlicac By hind use laws and Y Before signing or acecpiwg this Instrument,-the CATHY GOLDEN (MAYOR) r-cn c:GUirng fee title to}he prop:•rly should check'wlth C.Igireprlale city or county Planning Dept. to wtrlry Ne ep- BY s:'.d uces, t STATE OF OREGON,County of Jackson ) ss. t9 saS �odtnaS. ( Personally appearrEhdd CATHY GOLDEN AND NAN FRANKLIN who, being; �u Q O� duly sworn,did say that he-fs theLe MAYOR AND RECORDER of �� THE CITY OF ASHLAND ,and that the seal affixed to the foregoing instrument '! .�s is the sa corporate seal of id corporation and that said instrument was signed and sealed in behalf of said VSCI qv" plo3 corporation by authority of its Beerd-of•9ireeeer9 and he acknowledged said instrument to be its voluntary act egg MNar,,��•eM• and deed. CITY OCUNCIL ,..+•7 Oa OMIM.,�N M. Before me: U((itial S<•ril Notary Public for Oregon My commission expires: i ' The dollar amount should include cash plus all encumbrances existing against the property to which the -e property remains subject or which the purchaser agrees to pay or assume. . If consideration includes other property or value, add the following: "However, the actual consideration ...... .. .... .. ._._._ . .._ t consists of or includes other property or value given or promised which is part of the/the whole I consideration."(Indicate which) - 1 QUITCLAIM DEED(CORPORATION) STATE OF OREGON, ) 1 ss. (THE CITY OF ASHLAND A MUNICIPAL CORP County of ) 1 TO I certify that the within instrument was received for record f Y o . 19_, ,BRUCE on the da C BARREIT 1000 PARADISE LANE at—,o'clock—M.and recorded in book - 85HLAND OR 97520 on page Records of Deeds of said County. After Recording Return to: Witness my hand and seal of County affixed. ASHLAND AMPAq #705771 Title By Deputy ~yo`a�"_4y Atmvrandnm �REGGa 28 August 1992 �1 Q: Al Williams, Paul Nolte a rum: James H. Olson, Acting Public Works Director . LIUjPt Termination of Electrical Easement near Paradise Lane We have received yet another request for termination of an electrical easement located across property on Paradise Lane. The easement is a ten foot wide electrical easement which was granted to the California Oregon Power Company in 1940 (recorded in Volume 228, Page 413) and is located on the property as shown on the attached map. Would you please let me know your feelings on the following questions: AL WILLIAMS — Is this line now unnecessary with the new easements and lines recently installed on Paradise Lane? Do you know of any reason why we should not terminate the old easement? i PAUL NOLTE — Is the form of the quitclaim deed acceptable?. I have made some suggested alterations; do you have anything else which should be changed? Any comments as to procedure etc? If there are any comments or questions, I would be happy to pass them along to the title company. Attached 1 cc: Brian Almquist American Pacific Title&Escrow Company American AI/ Title�� '�' 346 East Main St. Ashland, Oregon 97520 EVA ZIEMBA &ESCrow Company (503) 488-0778 Branch Manager August 26, 1992 City of Ashland ' Engineering Department 20 E. Main Street Ashland, Or 97520 IAttn: Jim Olson City Engineer lRe: Escrow NO. : 705771 l Parties: BARRETT/DUNCAN iProperty: Lot on Paradise Lane ;Dear Jim, jPer our telephone conversation today, I am enclosing a Quitclaim deed (that will need to be signed by the appointed officers for the City of Ashland, removing the easement from the above property. IPlease notify my office once the enclosed deed has been executed so that I may record this deed in our escrow transaction. IIf you have any questions, or if I can be of further assistance, please ' ado not hesitate to contact our office. I appreciate your assistance in this matter. Sincerely, American Pacific Title and Escrow Company . gEv a Z4 iemba Escrow Officer r. ,Branch Manager Encl . II I 1 APP OVAL MINOR LQ N A/W Ia-s-9. PARTITION PLI LAt . as U Locoed a PA 191-148 Boundary LLne Adjustment - Southeast Quarter of Sect: Range I East, of the 'Will APPROVAL n . JACKSON , CO Examined art AP roved th Ls> �ay Bf LkCffR(Mi-, 1991 CL Surveyar BRUCE - 1065 Pot L Ashland, z - �I x89°.i Ji w J9J.9i PEACHEY RDAD r° wn:016vaME.D ,f P..a.moe EM.ao1. -0 119113 W - ►ROFESSItTiAL•, YI « re r4 116 71' I I] LAND SURV2YOR J• 227.26, I 3, J0 •\y I= ��r�R �Sa C 120 to O [DON i JAMES E.ANONi1LrH ga4r UN4ry6 a°nMs,Cow y.e It L626 Pwr Nen P'RI P']6-19fO wxrl;m I Psx aC.D o / I LEGEND GpFn!]JB-Lea.<IFm iNi-R.II®ERlS L316L5 SNUOM-M61•3E0EE 7.69' Y _ f.Q•FM S/B'a.se..hao RLWS l51626f 1 O e I I ]x126.] N]•291rL 0.518 O.]I PARCEL 1 41 Q m I 0.884 Arm I. fC).FM.aA Pw 54 06 Y n: se,,.Mu... ' A (Bl•�1.YER.4a.ImR.4.ANORCWS LS.K26' ' W � 9x12665 I. I 000nUrlY L•NE IER OReM.16-YJBTN I I I ORJL.O. (a NI I A (fl•fn1s6-R.6ae•kP � MS 162E OSS 12036 - �I �b H2•]11SF . . IO.Oi Srrq On:n FfN. I V� 2•IF � . I IFl•Fw..:/ll P;n s:�F..Fn•JO'yf 1.61 i :•..J,.nr; SCI C�`� '--" 9 LF:f1S0' +. '- i >'y� 6l 0m NOV 11,1991 M03 ° � .� ✓406 Mn (0)•FR4.1/2%Pw S62 6 s E •]622"E 210 efY9in VnaeNln L I 20 (N1.iM.Y6�R.6.f•�4np M,.�ROBERTSl51ME Sx12O36 l _ w dz n I O•Sa15/8112ER.4a.km am 9roRE03 L5 162E \\ SM.iUMET xOM6ER n i . 1 \\� I�8 Oa.DFfO aLCaD V: P 1j wN OR.OFfICIAI RECOROS 1•_ V _ Y N ' h E.PRIVATE IOtER ROLE ' _ 2 AD?USTED PROPERTY U OVERHEAD MWER LINE Y—M,rLLL W!5E:�51r,3dR.ORe ife°sue. It z .OREWfi I v <•It! C � 1 SE ar D.LC...] Ct 614° .f 1B.m.rw w.e Q nl b L w C. « 1 xx•]Srj'[ / 8 W ` \ 2A0 °fewmn.en.a RECEIYEJ 2? vat W ENN63 « e EL 2 PAR UE1E12_��1 By O.9D this al—a Gasists ol: : . MO9 I� >e - �. s:..e4s; (E) ?. •^• ly o • IACMON COUNTY 1, W� F• ) .gd I « BUAYEYOR nm aws anu wee lM La $I,RV: ]0 -xLLNS'w11. J.:MES J 9500` CO S P.0 80) MELMS MEDFC 1 2•`ti O°j Ob �e 5.., (e I 1966 P477. _. .., I x89°]daf'W ' `GI x69°Sd JSW 2L4.Bfi I2O Ol M69•JOJ]�W 5N 1268]1 rN?Idl 1n!�)t01 Po ' 1J.J4P39-IE-t5D TAX L07 54'1 &903 •`r.0 f`AS ~4Z P YII II X �t 1i TE �i 11t Or I'll OREGON 15 October 1992 ri71' o-Brian.Almquist Paul Nolte rum: James H. Olson, Assistant City Engineer 1IbjEC : Adjustment of Boundaries: Randy Warren / City of Ashland Attached is a boundary line agreement which was prepared by the office of Ainsworth, Davis, Gilstrap, Harris & Balocca P.C. and is intended to complete a mutual land transfer between Randy Warren and his wife, and the City of Ashland (Oak Knoll Golf Course). By this agreement the City would quitclaim to the Warren's all its interest in the land situated south of the described boundary line. Concurrently, the Warren's would quitclaim to the City all their interest in the land situated east of the boundary line (see attached map). The areas of land transfer are identical and I would assume that the values are also similar, although no appraisal has been made. Paul Nolte has reviewed the document and has found it acceptable. Would you please submit this to the Council for their approval and authorization for the Mayor and Recorder to sign the easement. I will retain the original document as I am acquiring some new description pages. The original will be presented as quickly as the new descriptions arrive. Attachment cc: Steve Hall John Fregonese John McLaughlin Ken Mickelsen i LAW OFFICES j AINSWORTH, DAVIS, GILSTRAP, HARRIS, & BALOCCA, P.C. SIDNEY E.AINSWORTH SIS EAST MAIN STREET SAM R.DAVIS-setae JACK DAVIS - ASHLAND, OREGON 87820 DONALD M.PINNOCK-Reli,e DAVID V.GILSTRAP DANIEL L HARRIS (503)482-3111 FAX(503)488-4455 MICHAEL G.BALOOCA October 7, 1992 JIM OLSON CITY OF ASHLAND CITY HALL 20 E MAIN STREET ! ASHLAND OR 97520 Re: Randy & Laurie Warren and the City of Ashland Boundary Line Agreement File No. 92-435 Dear Mr. Olson:. Enclosed find the proposed Boundary Line Agreement executed by Randy and Laurie Warren. If the document meets with City approval, please obtain the signatures of Cathy Golden and Nan Franklin and return it to me at your earliest opportunity. Yours truly, AINSWORTH, DAVIS, GILSTRAP, HARRIS & BALOCCA, P.C. I CHRISTOPHER, Legal Assistant encl i I BOUNDARY LINE AGREEMENT . THIS AGREEMENT, made and entered into the day of October, 1992, by and between RANDY WARREN and LAURIE WARREN, husband and wife, hereinafter referred to as "First Party", and The City of Ashland, an Oregon municipal corporation, hereinafter referred to as "Second Party"; W I T N E S S E T H• THAT WHEREAS, First Party is the record owner in fee simple of that certain real property situated in Jackson County, Oregon, and more particularly described on Exhibit "A" attached hereto and incorporated herein; AND WHEREAS, Second Party is the record owner in fee simple of that certain real property which is adjoining and more particularly described on Exhibit "B" attached hereto and incorporated herein; AND WHEREAS, it is the mutual desire of the parties that the boundary separating their parcels should be modified as set forth herein for the better advantage of each; I NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties do hereby agree, for themselves and their successors and assigns, that the boundary line described on Exhibit "C" attached hereto, and incorporated herein shall serve as the boundary line between the subject parcels for all purposes. First Party does hereby quitclaim unto Second Party all of First Party's interest in the real property situated to the east of said boundary line. Second Party does hereby quit claim unto First Party all of Second Party's interest in the real property situated to the south of said boundary line. THIS AGRFDW►aP was prepared on behalf of First Party. IN WITNESS WHEREOF, we have hereunto set our hands on the d above-mentioned. DY WARREN LAURIE WARREN THE CITY OF ASHLAND By: CATHY GOLDEN, Mayor NAN FRANKLIN, City Recorder BOUNDARY LINE AGREEMENT Page -1- LAW OFFICES AINSWORTH,DAVIS,GHSTRAP,HARRIS&BALOCCA,P.C. 515 East Main Street Ashland,Oregon 97520 (503)4823111 FA%(503)4884455 STATE OF OREGON ) County of Jackson ) Personally appeared the above-named RANDY WARREN and LAURIE WARREN and acknowledged the foregoing instrument to be a vo me: I OFFICIAL SEAL ' JOAN HOLY " NOTARY PUBLIC . OREGON 2: NO. 000368 tart' ubl' for Oregon { d' MY COMMISSON EVO SM.17.IV y y Commissi Expires: OREGON ) County of Jackson ) Personally appeared the above-named CATHY GOLDEN and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: STATE OF OREGON ) 1 ) $ County of Jackson ) Personally appeared the above-named NAN FRANKLIN and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: i BOUNDARY LINE AGREEMENT Page -2- LAW OFFICES I - _ AINSWORTH,DAWS,GILSTRAP,HARRIS&BALOCCA,P.C. - 515 East Main Street Ashland Oregon 97520 1{ (503)482-3111 FAX(503)4884455 1 Commencing at the Northwest corner of Donation Land Clain No. 54 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence along the North line of said Donation Land Claim, South 890 46 ' 09" East (Record North 89 ° 44 ' East) 1258 .2 feet to the TRUE POINT OF BEGINNING; thence North 600 18 ' S1° East ( Record North 59 49 'Fast) 175 .00 feet; thence South 70" 01' 09" East 169.51 feet (Record South 700 31 ' East 162.00 feet) to the North right-of-way line of Crowson Road; thence along said right-of-way line North 890 46 ' 09" West 123. 61 feet (Record South 890 44 ' west 80. 00 ,feet) ; thence South 500 20 ' 43" West 46 .78 feet (Record South 51" West 40. 00 feet) to the North line of said Donation`Land Claim No. 547 thence along said North line North 89° 46' 09" West 151.72 feet (Record South 89° 44 ' .West 200.00 feet) to the True Point of Beginning. "T EXHIBIT—a—�- PAGE_ PARCEL 1 Beginning at the southwest corner of Donation Land Claim No . 53 in Township 39 South, Range 1 East of the Willamette Meridian in Jack- son County, Oregon; thence North 2306 . 2 feet to the southerly- northwest corner of said Claim; thence South 89 047 ' East 177 . 52 feet to the westerly line of the Pacific Highway; thence along said line the following: South 38 056 ' East 738 . 25 feet, thence South 34°30 ' East 1478 . 9 feet, thence South 21°21 ' East 100 . 0 feet; . thence South 8 020 ' East 417 . 0 feet to the south boundary of said Claim No. 53 ; thence South 89°44 ' West, along said boundary, 1576 . 0 feet to the point of beginning. ALSO, Beginning at the northwest corner of Donation Land Claim No. 54 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon ; thence East, along the north line of said Claim, 618 . 42 feet to the southwest corner of Donation Land Claim No. 53 , said Township and Range ; thence North, along the west line of said Claim No. 53 , a distance of 2306 .2 feet to the southerly-northwest corner thereof ; thence South 89 047 ' East 177 . 52 feet to the westerly line of the Pacific Highway; thence North 38 056 ' West, along said line, 282 .9 feet; thence South .'163. 8 feet; thence North 380 West 350 . 0 feet; thence North 43 042 ' West 200 . 0 feet; thence North. 64 012 ' West 60 . 0 feet; thence South 87 013 ' West 221. 0 feet to an intersection with the north-south line between Sections 13 and 14 , said Township and Range; thence South 00 021 ' East, along said line, 2800 .0 feet to j the point of beginning. EXCEPTING THEREFROM the following: Be- ginning at a point North 89°44 ' East 1258 . 2 feet from the north- west corner of Donation Land Claim No.•.5.4 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon ; thence North 59°49 ' East 175 .0 feet; thence South 70°31 ' East 16.2 . 0 feet, more or less, to a point on the north right-of-way line of Crowson Road; thence South 89 044 ' West, along said right-of-way line, 80. 0 feet; 'thence South 51° West 40 . 0 feet, more or less , to a point on the north .line .of said Claim No. 54 ; thence South 89 044 ' j West, along said line , 200 . 0 feet to the point of beginning . ALSO, EXCEPTING THEREFROM the following: Beginning at the northwest corn- er of Donation Land Claim No. 54 in Townhip 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 0 002 ' 10" East, along the west line of Section 13, said Township and Range, a distance of 1220. 0 feet; thence South 44°46 ' East 1718 . 0 feet, more or less , to an intersection with the north line of said Claim; thence West, along said line, 1210 . 0 feet, more or less , to the point of beginning. ALSO, EXCEPTING THEREFROM the following: Commencing at the brass cap monument marking the corner common to Sections 11 , 12, 13 and 14 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence South i 00 002101" West 449 . 74 feet along the west boundary of said Section 13 to a 5/8" iron pin for the true point of beginning; thence , j EXHIBIT c PAG _L J: leaving said west boundary, South 58 029 ' 49 " East 300 . 0 feet to a 5/8 " iron pin ; thence North 43 017 ' 33 " East 130 . 00 feet to a 5/8" iron pin ; thence South 38 042 ' 51" East 445 . 00 feet to a 5/8" iron pin ; thence North 51 017 ' 09" East 150. 00 feet to a 5/8" iron pin on the westerly right of way boundary of Oregon State Highway 66 ; thence North 38 042 ' 51" West, along said westerly boundary 180. 00 feet, more or less, to the point of beginning Parcel A described in Instrument No. 66-08873 of the Official Records of Jackson County, Oregon; thence along the east and southerly boundary of said Parcel A the following courses and distances : South 163 . 80 feet; North 38 000 ' West 350 . 00 feet; North 43 042 ' West 200 . 00 feet; North 64°12 ' West 60 . 00 feet; South 87 °13 ' West 221 . 0 feet, more or less, to the west line of said Section 13; thence, along the west line of said Section 13, South 00 002101" West 101 .97 feet, more or less, to the true point of beginning. (Code 5-15, a portion of Account #1-11630-4 , Map #391E13B, a portion of Tax Lot #2200) PARCEL 2 Commencing at the concrete and brass cap monument marking the northwest corner of Donation Land Claim No. 54 in Township 39 South, Range 1 Ea"st of the Willamette Meridian in Jackson County, Oregon, thence North 00°08 ' 39" East a. distance of 490 . 93 feet to the concrete and brass cap monument marking the Quarter corner common to Sections 13 and 14 of said Township and Range, thence North 00 002 ' 01" East, along the section line common to said Sections 13 and 14 , a distance of 729. 07 feet to a 5/8" iron pin for the true point of beginning , said point being North 00 104 ' 41" East (Record North 00 002 ' 10" East) 1220. 00 feet from the afore- mentioned northwest corner of Donation Land Claim No. 54 ; thence, con- tinuing along said section line , North 00°02 ' 01" East 221. 26 feet to a 5/8" iron pin, at a point East of the 5/8 " iron pin marking the south- east corner of GREENSPRINGS SUBDIVISION, EXTENSION NO. 1 in Jackson County, Oregon, according to the official plat thereof, now of record; thence West 0. 62 feet to said southeast corner of said Greensprings Subdivision, Extension No. 1; thence, along the southerly boundary of said subdivision, South 32 033 ' 13" West (Record South 32°32 ' 20" West) . 150 . 30 feet to a 5/8" iron pin; thence South 63 020 ' 19" west 105 . 82 feet (Record South 63 021' West 106 . 25 feet) to a 5/8" iron pin at the south- west corner of said Greensprings Subdivision, Extension No. 1 ; thence, leaving said subdivision boundary, South 26 °41 ' 05" East 5. 00 feet to a 5/8" iron pin; thence South 63°18 ' 55" West 48 . 39 feet to a ' 5/8" iron pin on the northeasterly boundary of Lot 70 of GREENSPRINGS SUBDIVISION in Jackson County, Oregon, according to the official plat thereof , now of record; thence along the easterly boundary of said subdivision South 26°34 ' 04" East (Record South 26 039 ' East) 55 . 04 feet to a 5/8" iron pin at the most northerly corner of Lot 71, said subdivision ; thence , con- tinuing along said easterly boundary, South 26 034 ' 04 " East (Record South 26 139 ' East) 5 . 00 feet to a 5/8" iron pin; thence ; leaving said easterly boundary, South 63 123 ' 50" West, and parallel with the boundary line com- mon to Lots 70 and 71 of said subdivision' (Record South 63 021 ' East) , a EXHIBITS— PAd -2— �I I distance of 100 . 02 feet to a 5/8" iron pin on the easterly right of wav boundary, of Twin Pine Circle; thence, along said easterly right of wad- boundary, South 26038 ' 07 " .East (Record South 26 039 ' East) 17 . 00 feet tc a 5/8" iron pin; thence along the arc of a 160. 00 foot radius curve to the right (the long chord to which bears South 11 020 ' 53" East 84 . 57 feet' a distance of 85 .59 feet to a 5/8" iron pin; thence, leaving said easter- ly right of way boundary, South 86°01 ' 27" East 95 . 00 feet to a 5/8" irc: pin; thence North 86 104 ' 10" East 96 . 64 feet to a 5/8" iron pin; thence North 63 022 ' 08" East 160. 00 feet to a 5/8" iron pin; thence South 26° 3" East 177 . 57 feet to a 5/8" iron pin; thence North 45 015140" East 72 . 27 to a 5/8" iron pin on the northeasterly. boundary of that parcel describ=c` as .Tract B in Volume 553 page 87 of the Deed Records of Jackson County, Oregon; thence, along said northeasterly boundary, North 44°44 ' 20" West (Record North 44 046 ' West) 298 . 19 feet to the true point of beginning . (Code 5-1, a portion of Account #1-10167-6 , Map #391E14AD, a portion of Tax Lot #6200) (Code 5-1, a portion of Account #1-11774-9, Map #391E14AD,. a portion of Tax Lot # 800) (Code 5-15 , a portion of Account #1-11631-2, Map #391E13B,, a portion of Tax Lot #2300) i 1 I 1 l 1 I i El(HI917l- PAGE-., _ Y' 1 I ` I Commencing at the Northwest corner of Donation Land Claim No. 54 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County; Oregon; thence South 890 46 ' 09" East along the North line of said Donation Land Claim No. 54, 1258 .20 feet to a 5/8 inch iron pin being the Southwest corner of that tract of land described in Instrument No . 86-12776 of the Official Records in Jackson County, Oregon for the TRUE POINT OF BEGINNING; thence North 560 52 ' 55" East 169 .05 feet; thence South 71° 00.' 51 " East. 90 .73 feet; thence South 150 22 ' 02" East 35 .05 feet to the northerly right-of-way line of Crowson Road for the Point of Terminus . $f ' A EXHIBIT-!=- PAGEr. APPROVAL.: MINOR LAND PARTITION PARTITION PLAT No. N NG MIS � - FAt (PROPERTY LINE ADJUSTMENT) APPROVAL LOCATED IN his day of Is NW 1/4 SECTION. 13, T39S., R1E., WM. CITY OF ASHLAND JACKSON COUNTY, OREGON FOR p<aM.d h e. by m. A.hWM M...I., - _� IR_Md. map h Mn►, epprw.d. RANDY WARREN _i ••a 209 CROWSON ROAD o ASHLAND, OREGON d i N. . .. al it E< } QG LF CrU65 ResuiliTy r1l . �OAh � � Adjusted Lot Line 5L (� _ 1 I Lw.d , Sj - ',t1s°2"d'a'stn 9p`J 1,00.St-E . x.A. 6oR _ 05 D.L.C. x0. 64 I t,L9 6y. �' ►9 fl 09('0q S;p la --) wl disa in ao gte` i2 �. : ay4 4 6_ 575,0,31.f \�J 51 35.057E dr.. b h atw.d ush with 0,&ENOLL DRNd N14'28'fYd .S y6y1y y00109bb69yo 4' 0001 .. OBE 69Q0�`2L .~t asfstj't d .I 7995 RfE 4.38' \ �'1 a5t F,. ' ► V {�1LC, \\ .f ,Qdt 3 '1e _ OR 80.00)-- )NA64 .� 1258.20' \� �O 60�8 PARCEL 1 Sti ►d \-N89'46'09'W 138.94'-1 o 1lS q. 11.727.5 stn 0s �_ ��— 1046.06'. 1990 ��_ 58546.0151.72 (OR 200.00) 06 f 2502.73' c Aalnel P.ME (OR 58444W) ► . . n «w6 5/B 4er,pen vAN .a•a sdrx Scr sP s°'I (BARRINGTON PLACE - .u1.5/C2'Av w' w1. O. .tl...P sberp.[ n BrrR�soot : SUBDIVISION) q9 � ►� ' � � - � - � , �D.LC. NO. as - �.. SIN 12939, O� bb .tr.ass cap on IC7►St b/� T3y Rf6 pin . 1 Nd54 \yam 1c. G �yd o / cs 1991 0. S. Mel e. RaM, W.T.'OM L.W. / i0.d tM SURVEYORS U"FICATE. rp.lt M aRa�e M 1M . 1 Rand,Warne '" TEREO i PROFESSIONAL ' % CRER A. Ns .. LAND SURVEYOR Y 'a y� NOTARY KMLK 'ORRE�GO�N� _ d1' C--n t aw Y p".L.L7 1t.51 MT Caww<uo.•rv.w_a�111y_ - .._ _. . . IOREGON OA2EELL L NUOC au _ � �-. - a . � PmorttncEnm 04EGOa,.' . .. October 20, 1992 V1 0. Brian Almquist, City Administrator r ram. i Steven Hall, Public Works Director Water Report ACTION REQUESTED None, information only. WHERE WE ARE As I write this, my window is open and I am enjoying the light rain. The weatherman says that we will have rain for a few days and then back to temperatures in the 80 degree range. The two graphs attached are self-explanatory. Essentially no change, other than consumption has dropped below 3 million gallons per day. Ashland Creek remains stable and consistent at a little over 1. 4 million gallons per day; 50% below 1977 levels. As with the last report, I am not recommending the lifting of Phase I water curtailment until the flows in Ashland Creek consistently equal or exceed demands. Restricted hours for outside irrigation will be relaxed due to the time change taking place this Sunday. SMH:rm\PY\ocriRr.Rpt cc: Dennis Barnts, Water Quality Superintendent encl : Graphs (2) ASHLAND CREEK FLOWS OCTOBER 1977 AND 1992 Q 18 n rr16-.. ..........................-...... .... ....... ....... ...... ...... ...... w 1 q .. ............. ............_ ........... .......................................... ............. First Rain in 1977 ...... _ ...... ..... _ 12 ._............_.............i............_..................... To .... ....... ..... ....... ......................i..................... Flows in 1992 50% below 1977 10 C7 z8 ._............. .__......._ ...... ...... ... O 6 .. ............. ............ _........... ......_..._.._._.......... . ... _.. ....... 4-__._.......__....._......._........__.__........._ _ _ .......... ...... . ....._ .._. _ ....... _... . ...... ...... _ .. .. zT 2 .__. __...._._.. _.._........._........_......... ...... ..... ....... O 0 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 DAY OF MONTH �- 1992 -+- 1977 REEDER RESERVOIR VOLUME AUGUST, SEPTEMBER & OCTOBER 1992 100- 90—................. . ................. ................................. . ............................................................................. ................ ................................................... ...................... ........................ ..... .. 80- 7............... .............. ......... _j 70 ...................................... . ......... LL60- ........... . ................. ................................................ z504 .............................................................- ................................... .................. ............. ......................... Lu rr40-: .......... ............... .......................... ... ...... .................... . .................. w . ........ .... ............. .............. 30-: ........... .. . ....................... ...........L 20 10/20/92, reserve of 24% or 46 days above normal use -: .............. 10 .............. ............... 0 1111111111in I I 1-r-TTTTT-r-TTTT-H 01 -Aug 16-Aug 31 -Aug 15-Sep 30-Sep 15-Oct 30-Oct DATE Normal Drawdown Actual Drawdown