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1994-0906 Regular Meeting
jmivrtani: 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The Chair will recognize you and 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 h jd, and the length of the agenda. / AGENDA FOR THE REGULAR MEETING -•d^~� ASHLAND CITY COUNCIL September 6, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of August 16, 1994. IV. PROCLAMATIONS & AWARDS: dk 1. Mayor's proclamation of week of September 24 - October 2 as "Voter Registration Week" in Ashland. 2. Presentation of service award to Wes Eaton for 25-year employment anniversary with City. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - July, August, 1994. T--3. City Administrator's Monthly Report - August, 1994. zy 7 4. Authorization for Mayor and Recorder to sign quitclaim deed for easements on Lot 68 in Oak Knoll Meadows subdivision. Letter from SOREDI/SOEDD concerning city representation on newly merged organization. 6. Authorization for Mayor and Recorder to sign 3-year extension of Employment Agreement ,5. with City Administrator. VI. PUBLIC HEARINGS: (Must conclude by 9:00 p.m.) 1. Planning Action 94-081: Request for a Site Review to construct a 114-unit retirement facility located on the east side of North Main Street, opposit the Maple Street intersection.-Also _ request for a zone change from Employment (E-1) to Health Care (HC) and modification of Detail Site Review Zone boundary. Comprehensive Plan Designation: Employment; Zoning; E-1; Assessor's Map #: 5A; Tax Lots: 3900, 4000, 4100, 4200, 4300; Map #5AD; Tax Lot: 1100. (Applicant: Cliff Curry) 2. Planning Action 94-104: Appeal from a decision of the Planning Hearings Board, approving a request for a sign placement variance for a business at 10 Water Street (Applicant: Grady and Susan Golden). 13. Draft of "An Ordinance enacting a 0.40% real property transfer tax, exempting $50,000 of selling price for single family residences, and dedicating the revenue from the tax to the Ashland watershed and forest interface fire prevention and suppression and to affordable housing." 4. (Continue public hearing on amendment to the Procedures Chapter 18.108 of the Land Use Ordinance to September 20, 1994). VII. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). VIII.– 1jNISHED BUSINESS: 1 First reading by title only of "An Ordinance amending Section 18.08.300 and adopting Chapter 18.94 of the Ashland Municipal Code relating to Home Occupations. 2. Set date for study session to review sewage treatment plant upgrade alternatives and reports for State Agencies on water appropriations. 3. Set date for study session on Local Improvement District policies. NEW & MISCELLANEOUS BUSINESS: �, -1. Ratification of declaration of Stage 1 Water Curtailment by City Administrator. a 9 7-A Report by Director of Public Works on water availability and consideration of Stage 2 Water Curtailment. z.�n x :e e� Request by Councillor Reid to discuss concept of a moratorium on water connections outside the City Limits. Request by Mayor Golden for City Council to take a position opposing Ballot Measure 13 prohibiting government from approving or creating classifications based on homosexuality. X. ORDINANCES RESOLUTIONS & CONTRACTS: 1 F_ifst reading of an Ordinance amending Section 4.18.020 of the Ashland Municipal Code �� �� I relative to filing fees for vacation of public property. 0 2First reading of an Ordinance amending Section 10.64.010 of the Ashland Municipal Code relative to obstructing sidewalks and passageways. ®��,��i�// Second reading by title only of "An Ordinance adding Chapter 13.24 to the Ashland Municipal Code to establish standards for naming or renaming streets." V4 Reading by title only of "A Resolution submitting to the electors a proposed amendment to the City of Ashland Charter to rep ace a provision prohibiting interest in City contracts by ted officials with the State Code of Ethics." XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT bIINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 16, 1994 CALLED TO ORDER Mayor Golden called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Minutes of the Regular Meeting of August 2, 1994 were not accepted as presented. The minutes will be recopied to include the missing pages 2 and 4 and resubmitted at the September 6 meeting. . PROCLAMATIONS & AWARDS 1. Award for Nelson Lang of City Electric Department as finalist in annual Itron Meter Reader contest. Mayor Golden reviewed the criteria submitted for the nomination of Nelson Lang as finalist in the annual contest and presented the award to Nelson. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - June, July, 1994. 3. ' Authorization for Mayor and Recorder to sign agreement with School District No. 5 for Youth Activities Levy. 4. Letter from Joan Hertzberg regarding evacuation of the interface in the event of a fire. 5. Response to Alice Hardesty on issues relating to the Ashland forest interface. 6. Request for approval of agreement for the installation of automatic traffic signals at the intersection of Siskiyou Boulevard and Walker Avenue. Councillor Reid requested Item #5 be moved to New Business. Councillors Acklin/Winthrop m/s to approve remainder of Consent Agenda. Voice vote all AYES. Motion passed. Assistant Fire Chief Don Paul reported to Council on Chemical Spill/Injury Accident on I-5 that occurred at Sam today. Spill consisted of diesel fuel and chemicals that were being hauled by two trucks. The cleanup is continuing and the interstate will be closed until the cleanup has been completed. Wind direction has been southwest. Evacuation of approximately 100 homes took place with all but one residence being cleared for occupation by 4pm today. (r.Mhu %8-16-94.mW pW 1 PUBLIC HEARINGS: (Must conclude by 9:00 p.m.) 1. Planning Action 94-050: Request to amend 18.08.300 of the definitions section of the Land Use Ordinance and adopt a new chapter to the Ashland Municipal Code relating to home occupations. (Applicant: City of Ashland) Community Development Director John McLaughlin reviewed Planning Action with Council. Current definition does not allow home occupations to have employees other than the home occupants. This revision will allow outside employees to work in the home before the business must relocate to a Commercial property. Public hearing opened at 7:25 p.m. Those speaking in favor: Darrell Boldt, 1950 Tamarack Place, supports the proposed revisions. No one spoke in opposition. Public hearing closed at 7:27 p.m. Councillor Winthrop explained the purpose of the revisions. Council discussed proposed changes. Councillor Acklin asked that changes be made by staff to address concerns of Council on the number of deliveries under page 2, section E-2 and 18.94.100 Purpose and Intent, paragraph 2. 2. Planning Action 94-095: Request to amend the procedures chapter 18.108 of the Land Use Ordinance; reconciling other sections of the Land Use Ordinance and the Ashland Municipal Code to these amendments; amending the variance criteria and other sections in the Land Use Ordinance; and repealing Resolutions 78-38 and 88-20. (Applicant: City of Ashland) Community Development Director John McLaughlin reviewed request with Council. McLaughlin said Ibis was a result of Council's Goal Setting Session. Public hearing opened at 7:40 p.m. Jack Blackburn, 885 Oak Street, requested a copy of this Planning Action for his review prior to adoption. Cate Hartzell, 881 East Main Street, requested an opportunity to discuss revisions at another Public Hearing. Council would have to reopen Public Hearing in 2 weeks prior to adoption. Public hearing closed at 7:48 p.m. (nminu n%-1694.mW pW 2 Council discussed proposed changes. Staff will review and present proposed changes at September 6 meeting. 3. Resolution adopting storm drainage utility fees. Public Works Director Steve Hall reviewed Resolution and stated the Resolution implements the intent of the Ordinance adopted by Council. Public hearing opened at 8:12 p.m. Jack Blackburn, 855 Oak Street, requested whether a residence that had no inflow to the City storm drain system would be exempt. Hall responded that residence would probably be exempt. Public hearing closed 8:16 p.m. Councillors Laws/Hauck m/s adoption of Resolution 94-54. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. PUBLIC FORUM:Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). Patricia Adams, 980 Morton Street (P.O. Box 3519), read her comments on lack of fire prevention efforts on City property. Mayor Golden noted that the area was iniccessible during certain times of the year. This linuted access makes it difficult to maintain. City has implemented a fire prevention plan. . Money is an issue for anything further. Councillor Reid mentioned people had told her about a successful program of fire management in the hills above UC Berkeley that used goats to clear away vegetation. Councillor Laws noted the City has a Forest Management Plan. More resources are needed and a source of funding those resources is on tonight's agenda for consideration. Forest and watershed management programs are being actively pursued by City staff and commission members. NEW & MISCELLANEOUS BUSEWSS Consent Agenda Item X5. Response to Alice Hardesty on issues relating to the Ashland forest interface. Alice Hardesty reviewed items on her outline with Council in regards to fire prevention measures by City staff and citizens. [A copy of Hardesty's written statement is included per Mayor's request.] (r.Mimn %&1694.mW pap 3 i Councillor Winthrop suggested staff present information on fire prevention programs currently in effect at the September 6 meeting. Councillor Acklin suggested staff prepare; a brochure highlighting City programs and efforts in fire prevention and watershed and forest interface management for distribution to the public. Acklin stated that there was more work needed, but it would be beneficial to the public to be aware of what was being done currently. 1. Request from the Historic Commission that City Council set a public hearing to appeal a decision of the Planning Hearings Board on Planning Action 94-104, approving a sign variance at 10 Water Street. Councillor Laws/Winthrop m/s to request setting a Public Hearing on this issue on September 6, 1994. Voice vote all AYES. Motion passed. 2. Request from Councillors Hauck and Winthrop to discuss the concept of a real property transfer tax to fund affordable housing trust fund and/or fire . management activities in the forest interface and Ashland watershed. Councillors Hauck and Winthrop reviewed concept with Council. Councillor Laws requested the concept be pursued with information on ways to split the monies presented. Laws suggested using all funds for a specified period of time towards forest management and then allowing a percentage split to be allocated towards maintaining forest management and providing affordable housing. Bill Robertson, 2175 Tolman Creek Road, requested this concept be decided through an election rather than an Ordinance adopted by the Council. Diane Beamer, 333 Patrick Lane, requested Council review Affordable Housing policies. She stated an Affordable Housing development is costing $100/square foot and she does not consider it to be affordable. She is not in support of another selective tax. Carlene Hester, 820 Pinecrest-Terrace, spoke in opposition of the tax. She opposes a selective tax. Jack Blackburn, 855 Oak Street, spoke in opposition to the tax. He requested the tax be put before people through an election. 3. Request from Councillors Phil Arnold and Pat Acklin regarding a repeal vote on Article III, §6 of the Charter of the City of Ashland which provides "Interest in City Contracts". (r.Mkuwl8-1694.taW pW 4 Those speaking in favor of the repeal were: Darrell Boldt, 1950 Tamarack Place; Kip Lombard, 133 Manzanita; Dick Bernard, 440 Terrace; Ed Pentkowski, 436 Montevista Drive. Those speaking in opposition of the repeal were: Cate Hartzell, 881 East Main Street; Jack Blackburn, 855 Oak Street. Councillors Acklin/Arnold m/s to have the City Attorney bring forward language of the Charter amendment at the September 6 meeting for the November election. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. ORDINANCES RESOLUTIONS & CONTRACTS 1. First reading of "An Ordinance adding Chapter 13.24 to the Ashland Municipal Code to establish standards for naming or renaming streets." Councillors Arnold/Hauck m/s passage to second reading with addition to Section 13.24.010 A. #3 to include geological material. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. 2. Second reading by title only of "An Ordinance establishing conditions for the sale of water outside the city limits." Councillor Laws stated that he would like Council to study the issue further and consider it in the near future. Laws stated that until there was an Ordinance passed establishing conditions or a Charter amendment addressing the sale of water outside of the city limits, he would vote against any sale to any one that is outside the City limits. George Hutchinson, 270 Wimer Street, opposes the sale of water outside the city limits. He encourages further study of this issue. Eleanor Ward, 841 Beswick Way, supports proposed Ordinance. She asked that the Ordinance not be tabled. Glen Ward, 537 Dead Indian-Memorial Road, supports proposed Ordinance. George Ward, 841 Beswick Way, encouraged Council to not table this issue and vote in favor of proposed Ordinance. Russ Silbiger, 562 Ray Lane, supports proposed Ordinance. Ed Pentkowski, 463 Montevista Lane, spoke m opposition of proposed Ordinance or future consideration of sales of water to residents outside the city limits. (r.Minutul&1694.mia)polo 5 1 Ken Hagen, 548 Rock Street, spoke in opposition to the proposed Ordinance. Hagen stated residents pay higher property taxes for City services than those outside city limits. Hagen believes selling water outside the city limits may have an effect on undeveloped land inside the city limits. Cate Hartzell, 881 East Main Street, encouraged Council to devote more time to this issue before passing proposed Ordinance. Rick Parsagian, 247 E. Hersey Street, encouraged Council to study this issue more. Councillors Winthrop/Arnold m/s to continue meeting past 10:00 p.m. Voice vote: all AYES. Councillor Acklin noted that a memorandum from Public Works Director Hall responded to some of the questions being asked about this issue. There is a water supply plan that involves a report made by Synergy Resources, Inc. Conservation division used this data to project adequate water resources for residents to the year 2021. Water is sold to 90 customers outside the city limits. There'are approximately 32 residents outside the city limits within 100 feet of a city water main. Councillors Laws/Acklin m/s to postpone proposed Ordinance indefinitely. Voice vote: all AYES. Motion passed. Councillors Laws/Hauck m/s to place on agenda: Water Report and Curtailment Recommendation from Public Works Director Steve Hall. Public Works Director Steve Hall reviewed water level information with Council. Hall requested Council enact Water Curtailment Ordinance Stage 1 with the exception of the "Water Allocation Table". Councillors Laws/Reid m/s to enact Water Curtailment Ordinance Stage 1, with the exception of the "Water Allocation Table". Voice vote: all AYES. 3. Reading by title only of "A Resolution of intention to provide improvements to Ann and Clinton Streets and setting a Public Hearing." Councillor Winthrop requested reviewing this at September 6 meeting. 4. Reading by title only of "A Resolution of the City Council of the City of Ashland authorizing reimbursement of expenses from proceeds of Water Revenue Bonds." Councillors Arnold/Hauck m/s adoption of Resolution 9455. Roll call: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. (r.M�aut W16-%.w-;a)pg"6 . OTHER BUSINESS FROM COUNCIL MEMBERS Councillor Reid -- Asked to have City Attorney research the possibility of placing a moratorium on sales of water outside the city limits and prepare information for the September 6 meeting. Councillor Winthrop -- Received a brochure on a seminar being held on Forest Health and Fire danger on September , 8 and 9 in Spokane. He will not be able to attend and has information if anyone else would like to see it. Councillor Laws/Reid m/s to allow Glen Ward to speak to Council. Voice vote: all AYES. Motion passed. Glen Ward, 537 Dead Indian Memorial Road, spoke to council on his previous request for city water to his property as compensation for the garnishment of the 60 feet easement road he has across the city lot that abuts his property. He requested annexation to the City. Public Works Director Steve Hall stated that Ward has a 60 feet easement across the city property that was currently gravel and would become a paved access route for his property when the city developed their lot with the adjacent municipal airport. ADJOURNMENT The meeting was adjourned at 10:25 p.m. Nan E. Franklin, Recorder Catherine M. Golden, Mayor (r.Mimd=%&1696.mW page 7 t ,., <s4 rri (� r OUTLINE OF ALICE HARDESTY'S STATEMENT TO THE ---------- - ------------- ASHLAND CITY COUNCIL WITH RESPECT TO THE FIRE HAZARD AUGUST 16, 1994 1. I APPRECIATE -THE THOUGHTFUL RESPONSE TO MY STATEMENT BUT I CAN SEE THAT THERE IS MUCH MORE TO BE DONE. I'm glad to see that the City is concerned. It is clear from the material in the response to my statement, from talking to Ashland residents and city employees, as well as from my own observations, that there is still much to be done. 2. FURTHER EFFORTS TOWARDS PURCHASE OF PROPERTY IN WILDFIRE ZONE It is gratifying to see that some property 'is being purchased, but it would enhance the City's safety to make these purchases more rapidly. • 3. FUEL REDUCTION PROGRAM NEEDS TO BE EXPANDED AND TO BECOME A PERMANENT PROGRAM The City has made some inroads, but there's a great deal more to be done. A. WATERSHED - Dead and dried vegetation needs to be cleared out of the watershed because of many decades of build-up. B. FOREST INTERFACE - The same goes for the forest interface. It is my understanding that the City owns or manages nearly 1500 acres in the forest and forest interface areas. C. CITY PROPERTY WITHIN CITY LIMITS - Numerous.parcels need to be cleaned up, in addition to some road-side right-of-ways and "no- man's-lands. " D. PRIVATE PROPERTY WITHIN CITY LIMITS - 'There is still no ordinance requiring owners of vacant properties to cut their dry grass [correction - this should read "clear out dead tree limbs and other desiccated vegetation"] . If the expense is too much for some, the City should consider providing assistance. 4. REDUCING RISK IN DEVELOPED AREAS IN THE FOREST INTERFACE A. NEW PROPERTIES - The City should speed-up the purchase of new properties and/or development rights. B. EXISTING PROPERTIES - The City should work with owners of existing properties to bring them into compliance with the new- properties code. This could include, for example, installing fire- resistant roofing and sprinklers, cleaning up fuels, and planting fire-resistant vegetation. 5. ENCOURAGING FIRE-SAFE PRACTICES THROUGHOUT THE CITY Because firebrands (burning embers) can travel distances up to a mile, . residents in areas relatively near the wildfire zones should be discouraged from using flammable roofs and encouraged to use fire resistant vegetation. Homeowners associations should be required at least to allow composition roofs and should discourage the use of wood shakes. 6. PUBLIC EDUCATION The Ashland Fire Department has done some very good work with property owners in the forest interface, but people elsewhere in the city are also concerned. They need more information on evacuation procedures. For example, how .many people know about turning off the gas when they evacuate? How many know where the turn-off place is and how to do it? What are the signals to' evacuate? How can people help the Fire Department and not get in the way? 7. NEED FOR PERMANENT FUNDING SOURCES It is clear that present sources of funding are not sufficient or dependable. We need some sort of tax dedicated solely to fire prevention. Such funding could be from: a. A levy b. A real estate transfer tax c. Some other form of tax The funding source needs to be permanent because clean-up of all of these lands is an on-going project. If, for example, we've finished cleaning up City-owned property at the end of 5 years, it will be time to start over again. I have spoken to many Ashland residents about this issue and the overwhelming impression I get is that they would be willing to pay to ensure the safety and livability of their homes and their beautiful city. `fn{ .•:�. aw ` tilt yq q l{ i r h�►)1 i�� � ''� ro(f�A �iAPtS.�� � t{�lin ,w It Ilia } A ei hY o PROCLAMATION §r .. ;� WHEREAS, the health of our democracy depends on the i}<:�j ;4 informed and f in active participation of its citizens, and .....€= •yti jam. ;,. WHEREAS, voting.is the cornerstone of citizen participation, I x f`f a'xS and q$•?. {y)� y WHEREAS, the League of Women Voters of Ashland will bej `• ro m {�►�4i p moting voter registration and registering voters during the week of September 24 through October 2, 1994, is > ;Fjlhl NOW THEREFORE I Catherine M. Golden, Mayor of the City of Ashland. Oregon, do hereby proclaim the week of ill:JIM. September cl p 24 through October 2 1994 as: (hii=" YRA "VOTER REGISTRATION WEEK" �'f✓�r.r ull:y` Dated this 6th day of September 1994. 40 ` 1 1 = r Catherine M. Golden, Mayor Nan E. Franklin, Recorder J-1 `•� 1 , ty ' {: . . y;l, t►�li�,. � a,`II ltU \ l I 1 • ai I . pPEVfM Ashland Fire Department '.}}i��. pno iEti pPESE N6f 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 (503)482-2770 MEMORANDUM FAX (503) 488-5318 September 2, 1994 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief AO SUBJECT Wes Eaton Twenty-Five Year Service Recognition On September 1, 1969, Wes Eaton began his fire service career serving the citizens of Ashland as a paid firefighter with the Ashland Fire Department. Prior to this date, Wes worked as a summer wildland firefighter for the Ashland Ranger District. In this capacity Wes's firefighting abilities were put to the test on Saturday, August 8, 1959, when two small arson-caused fires in manzanita and brush erupted into the 2, 000 acre forest fire we know as the Ashland Canyon Fire. Wes worked as part of a ground crew to help control the fire before it could sweep into the Ashland Watershed. Wes was raised in Ashland, where his parents operated a bowling alley for many years. Over the last twenty-five years, Wes has become a well-known and familiar face to the citizens of the community. His good-natured personality and kind-heartedness has endeared him to those he associates with. He has rose through the ranks within the fire department, serving in capacities as Engineer, Captain and Battalion Chief. Wes has many skills and abilities that have resulted in the reduction of operating costs for the fire department. In addition to managing the protective clothing, uniform and safety programs for the department, Wes has the ability to repair almost anything. His ability to perform vehicle painting and body work has been relied upon all too often within the department. I remember thinking, as a probationary firefighter, that everyone over the age of forty should retire from the fire service and let the young people manage things. Well, at the age of forty-one, I am much wiser now and have learned to value the wisdom and experience of those who entered the fire service before me. I have seen our senior members consistently exhibit a common sense approach to their work that needs to be nurtured in younger employees. I have grown to respect and appreciate We's's judgement within the organization, and gratefully join with our Mayor and Council in honoring him on his twenty-fifth anniversary with one of the finest fire protection organizations within the State of Oregon. ASHLAND HISTORIC COMMISSION Minutes August 3, 1994 CALL TO ORDER r The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Terry Skibby, H.L. Wood, Larry Cardinale,Jim Lewis, Casey Mitchell, Bill Harriff and Keith Chambers. Also present were Senior Planner Bill Molnar and Secretary Sonja Akerman. Chloe Winston and Steve Ennis were absent. APPROVAL OF MINUTES Wood moved and Chambers seconded to approve the Minutes of the July 6, 1994 meeting as submitted. The motion passed unanimously. STAFF REPORTS PA 94-106 Conditional Use Permit 125 North Main Street Elaine Martens Molnar explained the owner is requesting permission to expand the existing travellers' accommodation from three to four units. The additional unit will utilize existing basement area. The only proposed exterior changes include a stairwell and door leading to the unit on the east side of the house. Plans have been submitted to the State Historic Preservation Office and an approval response has been received. The parking area is adequate. Molnar also noted the target use would be a seven unit multi-family residential structure, so the fourth unit is keeping with the overriding zoning. Staff is recommending approval. Skibby asked about the door. Molnar said it will be gridded glass, and the trim will be toned down from the existing trim. When Chambers questioned the cut, Molnar said it has already been done and can be seen in one of Skibby's photos. Skibby said he feels comfortable with the request and moved to recommend approval of this application to the Planning Commission. Chambers seconded the motion and it was unanimously approved. PA 94-107 Conditional Use Permit 299 Scenic Drive Bill Bachner Molnar explained the applicant would like approval for an accessory residential unit. The unit has been in existence since at least 1983, at which time a citation was issued to the previous owners because the unit was illegal. As a result, the kitchen was removed. Because the ordinance allowing accessory residential units was adopted a few years ago, this unit would now comply. The property is still very modestly developed, as only 15% of the total lot area is covered. Parking is adequate to accommodate the unit also. Mitchell stated she lives in the neighborhood and approval of this unit will not change anything. She then moved to recommend approval of this action. Cardinale seconded the motion and it was unanimously approved. PA 94-112 Front Yard and Side Yard Variance 24 Dewey Street Donald Murray The owner of this lot, Molnar related, is requesting variances in order to build a nice house on a 4,340 square foot non-conforming lot which was created before zoning came into effect. Because it is on the corner, 6,000 square feet are now required. The variances are for architectural projections in the setback area. The actual footprint of the house complies with the setbacks. The seven foot front yard variance is being requested to accommodate an open porch which will face Dewey Street. The three foot variance on each side of the home is being requested to allow for encroachment of the roof eaves. The existing alley will be used for access. Based on the unique circumstances of the size and location of this lot, Staff is recommending approval. Skibby reported the applicant has met with the Review Board several times. Lewis noted that condition 6.requires the posts to be a minimum 6" x 6". These posts are actually less than 6". It was decided the condition should read standard 6"x 6"posts. Chambers said be liked the design but wondered if the roof pitch could be a little steeper. Don Murray stated the design is patterned after the Craftsman style, which doesn't usually have a steep pitch. Philip Lang, 753 'B" Street, asserted some Craftsman roof pitches go below 4 x 12. If it is above 6 x 12, it is too high. He added the issue is a matter of aesthetics. Murray . clarified the roof pitch over the porch could get imposing and overbearing if it was too high. The Commission agreed. Skibby asked Murray about the siding. He said it will be stucco with horizontal or lap siding on the gable ends above the stucco. Skibby stated the wider eaves add to the design of the building. Lewis said he personally feels Ashland would get a lesser house if no variances were granted, and Chambers agreed Ashland will benefit from this home if built as proposed. When questioned about the old driveway cut, Molnar answered it will be reestablished, as the alley will be used for access. Skibby then moved to recommend approval of the variances and Harriff seconded the motion. It was unanimously passed. Ashland Historic Commission Minutes August 3, 1994 Page 2 BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of July follow: 164 Fifth Street Fred/Laura Perloff Replace Windows 774 "C" Street Myrtle Franklin Porch 147 Van Ness Avenue Robert Hirschboeck RemodelCatport/Shed 485 "A' Street Steve Hoxmeier Storage Warehouse 50 East Main Street Oregon Shakespeare Festival Structural Upgrade 785 "A' Street City of Ashland (Parks) Picnic Shelter 48 Fifth Street Ashland Foursquare Church Fellowship Hall 266 Fifth Street Ellen Downes Porch Demolition 917 East Main Street Jerry & Debra Quast Remodel 55 Granite Street William Sauers Porch Remodel 763 "B" Street Bonsell/Davidson Remodel 233 Fourth Street Tom Frantz Retail/Apartment Bldg 44 North Main Street Trinity Episcopal Church Sign - 64 North Pioneer Street Footlights Theatre Gallery Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday at least from 3:00 to 3:30 p.m. in the Planning Department: August 4 Skibby, Mitchell and Winston August 11 Chambers, Wood and Skibby August 18 Skibby, Cardinale and Mitchell August 25 Skibby, Lewis, Cardinale and wood September 1 Skibby, Lewis and Winston OLD BUSINESS "A" Street Development Molnar stated Staff is in the beginning process of reevaluating and modifying the design standards, which were originally adopted in 1984. Also commencing are the final adoption of the Interim Heritage Landmarks List and the Historic Preservation Ordinance. Study sessions will be scheduled, then public hearings will be held. Molnar declared Staff would like a consensus from the Commission tonight concerning the design for the four remaining vacant lots in the Railroad Subdivision in order to point applicants in an agreed upon direction. Ashland Historic Commission Minutes August 3, 1994 Page 3 Skibby stated Fourth Street is commercial, but it is also wider than "A" Street. If not careful, a "tunnel" effect might result. Mitchell related there is a need to look at the big picture and what is behind the proposed buildings. The beauty of the hills in the distance needs to be considered. The new structures need to be harmonious with the open space. Lewis reported at previous meetings, a large portion of the Railroad neighborhood did not want a brownstone row look, and he feels they got something more compatible with the immediate area. The district tends to become more commercial going toward the new Golden-Fields building. Harriff discussed uses of the proposed buildings which dictate traffic. He stated the uses will make the area unbearable, not the buildings. Lewis responded the ordinances don't deal with usage, only square footage. Harriff also said he does not feel the Site Design and Use Standards deals sufficiently with commercial buildings in the Historic District, as all the drawings are residential. Philip Lang stated his goal is to preserve the residential area of the Historic District. Parking can be a disaster and will spill over to the residential areas. He sees the eonversion of residences in the Railroad District to commercial uses a big problem. Lewis said the Commission agreed with this and has had many discussions and study sessions on the subject. Bill Emerson, 90 Fifth Street, said he sees nothing wrong with B & Bs in the district, however, new structures which are strictly commercial(as the new dentist office on Fifth and "A" Streets) are a potential threat for the residential aspect to diminish. It is more economically feasible to have a business associated with a structure rather than strictly residential. He suggested temporary approval, so if it doesn't work, it may be possible to come up with something that will. Lang rebutted B & B guests are not the same as local owners that live in a neighborhood. Lewis stated that owners are required to live in the structure so he felt the ordinance addressed that. He also added B & Bs can easily revert back to single family residences, whereas an office is not as easy to convert. Lang stated it still is not the same. The business owner is doing business at a B & B. Front porch sociability is what is so great about residential areas. Chambers stated the critical thing to remember is that the area has been historically residential and now it is rejuvenating. There needs to be a vision in order to get the best situation with what is best for the area. The comers of Fourth and "A" Streets are anchor corners and are clearly commercial. Vision is one thing, he added, but what you actually build is another. Lang stated there are two types of commercial -- one serves the area, but it is different now. Commercial development does not serve the local people. Ashland Historic Commission Minutes August 3, 1994 Page 4 Chambers said businesses change, and if it looks right; it doesn't matter about the use. If buildings are constructed and are abominations, the City is stuck. Emerson maintained beautiful scenery already exists, and there is a need for a mixture of commercial and residential in order to get the breaks so the hills can be seen. He also said the square footage dictates the use of the building. The Railroad District has never been all residential; if it were, it wouldn't survive. He said he does agree, however, the safe neighborhoods will be lost if cottage industries are lost. Ken Hagen, 548 Rock Street, questioned Molnar regarding the parking overflow, especially with respect to bike lanes and the removal of one side of the parking on "A" Street. Molnar answered parking on the north side of "A" Street is suppose to be removed, but it hasn't happened yet. Lewis and Harriff stated that may create more problems, because there will be no southbound bike lanes. Ron Thurner, 1170 Bellview Avenue, advised whatever is built on the corner of Fourth and "A" Streets will not only affect Peerless Hotel, but the area also. He asked the Commission to focus on the deficiencies of the documents, as he would like to see more-clear cut standards. This does not go to the issue of use. Right now, he said, there is the potential of real ugly things happening on the remaining lots. Harriff said the Site Design Standards were developed more for residential areas, and he would like to see standards for commercial areas. Because of the scale and use, commercial does not look like residential. He declared he is searching for scale. He also said we need standards beyond personal viewpoints. Thurner agreed there is a variety of perceptions, but said there is a need to start working toward a consensus for the benefit of the developers and the Historic Commission. A consensus will make the Commission work as a more effective body. Harriff agreed with Chambers the corner lots (on Fourth and "A" Streets) are anchor lots, and he would like to see modern buildings with a reminiscent look. Skibby also said he felt the corner lots should be like the downtown commercial area buildings. Thurner interjected the Historic Commission has the authority to generate and set standards. "A" Street is in the detail site review zone, so the Commission has authority. It also has the authority to take a position. The applicant has the burden of proof to meet the compatibility issue. He needs to prove to the Commission it is the best design for that lot. Appropriate findings also need to demonstrate that. It is important to remember compatibility is not with the other buildings just approved. It is with what is already there. Thurner also noted compatibility should remain a little vague so everything does not look the same. (It was agreed to extend the meeting beyond 10.00.) Ashland Historic Commission Minutes August 3, 1994 Page 5 Molnar restated it is important to make clear how the Commission interprets the design standards. The burden of proof is on the applicant. Harriff moved to direct Staff to develop a paper for scale and lot placement for the development of Fourth and "A" Streets (lots 1, 2 and 3) to follow the tradition of buildings in that area, such as the Peerless Hotel at 243 Fourth Street, 287 Fourth Street (,Mitchell- Powell Furnishings), and 215 Fourth Street(Bundini Building),incorporating existing design element standards. Chambers amended the motion to include a clear preference for masonry structures characteristic of the traditional commercial district in downtown Ashland. Cardinale seconded the motion and it was unanimously passed. Appeal Skibby reported the Planning Commission Hearings Board approved the Sign Code Variance requested by Grady and Susan Golden (The French Quarter) last month by a 2 to 1 vote. The Historic Commission voted 4 to 2 to recommend denial of the request. He said he is not in favor of the approval and would like the City Council to hold a public hearing on it. Chambers agreed and said it could set a precedence. Ken Hagen related he was at the Hearings Board meeting and he felt Barbara Jarvis, who opposed the request, implied this is the first step in chipping away at the integrity of the Sign Code Ordinance. Bill Emerson acknowledged it is a good ordinance as it is. Skibby moved to direct Staff to write a letter to the City Council addressing Historic Commission concerns. Chambers stated the City spent a lot of effort on the Sign Code Ordinance, and he does not want the variance to set a precedence. He then seconded the motion and it was unanimously passed. NEW BUSINESS Mitchell stated she feels strong guidelines with parameters are needed regarding color in the guidelines. This will be discussed at the next meeting. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 10:25 p.m. Ashland lEstoric Commission Minutes August 3, 1994 Page 6 CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES July 25, 1994 Chair Alsing called the meeting to order at 7:00 p.m. at the department office, 340 S. Pioneer Street. ATTENDANCE: Present Pat Adams, Al Alsing, Teri Coppedge, Laurie MacGraw, Bob Malone, Ken Mickelsen, Councillor Hauck. Absent None I. ADDITIONS OR DELETIONS TO THE AGENDA Commissioner MacGraw added a request by Master Swimmers to use the Meyer Pool under Old Business. II. APPROVAL OF MINUTES A. Regular Meeting - June 27, 1994 Commissioner Adams made a motion to approve the minutes of the Regular Meeting of June 27, 1994 as written. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Coppedge made a motion to,approve the previous month's disbursements as indicated by Payables checks#9343 through #9503 in the amount of $108,933.44 and Payroll checks #7226 through #7326 in the amount of $39,085.90. Commissioner Adams seconded. The vote was: 5 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Larry Roven - petition regarding dogs in parks Mr. Roven read a copy of a citizen's advisory petition which requested that the park ordinance related to dogs in parks be revised to model other city ordinances related to dogs. He said that he had personally collected approximately 200 signatures and that there were other forms still out. He gave the Commission a copy of the petition form but said that he was saving the actual petition for the Council. He would bring the Regular Meeting - July 25, 1994 Page 2 Ashland Parks and Recreation Commission Dogs in Darks - continued Commission a copy of the petition with signatures if it wanted one. He informed the Commission of statistics related to the number of dogs and families which owned dogs in Ashland. He said that because a sizable percentage of households in Ashland have dogs and because dogs have always been considered "man's best friend" that to prohibit dogs from parks was like saying to many households that you can't come to Ashland's parks with your best friend. He felt that the least the Commission could do would, be to find a small place in one park where people could take their dogs. At the end of Mr. Roven's presentation, Chair Alsing asked the Commissioners if they would like to make any comments. For clarification, Commissioner Malone indicated that he had understood that the Commission would be hearing Mr. Roven's petition at this meeting but that the Commission was not expected to take any specific action. Chair Alsing responded that the Commission could take some action if it chose to but that no action.was required. Commissioner Adams indicated that since the item was on the agenda and that there were obviously people in the audience who would like to address the topic, that they should be given the opportunity to be heard. She said that she had felt the topic had already been reviewed in a previous meeting, however. Bob Tabor (108 5th Street) said that he had great interest in Mr. Roven's proposal. He also indicated that he was not a dog owner and had a great fondness for Lithia Park. He was concerned about parks but he was also concerned about man's tendency to "disassociate itself from other forms of life." For that reason he supported Mr. Roven's proposal as a step to re-associate with another form of life. He requested that the Commission consider a balance somewhere and look at the proposal as a viable proposal. Jim Shute (1347 Prospect) indicated that he was surprised that the topic had come up for discussion again. He thought it had been resolved at a previous meeting. He again strongly opposed allowing dogs into parks. He felt that the existing ordinance should be enforced more strongly. He said if Mr. Roven's petition was going to be given serious consideration, if the number of signatures on a petition would decide an issue, to'give him the opportunity to circulate a petition in favor of the existing ordinance prior to changing it. He said he and many others did not want to have to worry about the behavior of other peoples dogs while enjoying the parks, "dogs and people just don't get along." Russ Silbiger (562 Ray Lane) said that it was news to him that "dogs and people just don't get along." He said that he felt the Commission could set aside a couple of acres for dogs, many households in Ashland have dogs and there is no place for them to run free. He said dog owners are taxpayers too. Regular Meeting - July 25, 1994 Page 3 Ashland Parks and Recreation Commission Dogs in Darks - continued Sandy Fletcher (609 Terrace) said that she was a dog owner but was did not believe that dogs should be allowed in city parks. She said that there are still many beautiful places, such as the Loop Road or around S. Pioneer Street, where people could walk with their dogs in open, forested areas. She said that many dogs don't get along with other dogs. She liked the system the way it is. She was opposed to any area in which dogs would be allowed to run free because of wildlife and for liability reasons. Deborah (264 Walker) said that some parks such as Clay Street Park was not heavily used by people at all and that she felt that setting aside a portion of a park such as that would be appropriate. She was not in favor of allowing dogs in Lithia Park. She also said that people take their dogs "all the time" to Hunter Park and to ball games and the ordinance is not enforced. She suggested changing the ordinance so that if dogs were under control they could be taken to some parks. She asked the Commission to come up with a solution whereby dog owners could take their dogs somewhere without being in violation of the law. She said that she was just looking for some place in her own town to be able to enjoy her dog. Lynn Thompson (505 Maple Way) said that she has become very frustrated by a lot of the rules which Ashland is adopting. She said that"everyplace" allows dogs in parks and that a park system should be a big back yard for everyone in the community to enjoy. She said that Ashland as a town has started alienating its residents in favor of tourism and keeping the town pretty. A lot of Ashland's rules seem stupid. She said a lot of people don't want to take their dogs into the forested areas because of ticks and wild animals. Commissioner Adams read a letter from Barbara Stout into the record which supported maintaining the existing ordinance. Ms. Stout related specific instances when she had personally witnessed dogs behaving in an unsafe manner around other people because they become excited by all the sights and sounds typical of a public park. She indicated that although she,was a dog owner, she felt that it would be inappropriate for dogs to be allowed in city parks. Commissioner Adams said that she supported the existing ordinance because in her experience many dog.owners were not responsible and that many people are frightened by strange dogs. She said that there are lots of places to take dogs around Ashland and did not believe it would be workable in parks. She referred to the recent Council action regarding dogs on the plaza which was taken due to irresponsible owners congregating with their dogs. Commissioner MacGraw indicated that she believed that the Ashland area still provided many trails and open spaces in which dogs can walk and roam with their owners. Living in Ashland is not like a large city with no access to open areas. Regular Meeting - July 25, 1994 Page 4 Ashland Parks and Recreation Commission Dogs in parks - continued MOTION Commissioner MacGraw made a motion to support allowing the existing ordinance regarding animals in parks to stand. Commissioner Adams seconded. The vote was: 5 yes - 0 no V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Revised policy for Bandshell rentals The Commission reviewed a memorandum from staff recommending a revision to current policy regarding Bandshell rentals for public gatherings or performances, particularly regarding sound levels related. Director Mickelsen explained that the way the current policy.was written no objective criteria could be used to determine. whether or not a renter was in compliance with the policy. The proposed revised policy would state objective criteria based on decibel readings. The recommended maximum level would be 75 dB; City Band registers at 70 - 75 dB. Commissioners generally discussed current policy for Bandshell rentals regarding frequency of usage and length of rentals as well as loudness from performances. 'MOTION Commissioner Malone made a motion to adopt the following policy: That no person shall make, continue, cause, or permit to continue any noise, the source of which is from an event approved by the Commission for the Bandshell which exceeds 75 dB when monitored from a point directly across from the Bandshell on the park side of Granite Street and when using a sound meter approved by the Commission for more than five (5) continuous minutes or for more.than fifteen (15) cumulative minutes • during a rental period. The maximum length of time for amplified sound or performance at the Bandshell.is one and one-half (1 1/2) hours per rental and will cease no later than 8:15 p.m. Commissioner Adams seconded. The vote was: 5 yes - 0 no B. Lease with Ashland Gun Club MOTION Having reviewed the revised lease with the Ashland Gun Club for lease of the Lithia Springs site, Commissioner Adams made a motion to authorize the Chair to sign the lease. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no C. Youth Activities Lew Contract MOTION Having reviewed the contract agreement between the Ashland School District and the Commission related to the Youth Activities Levy, Commissioner MacGraw made a motion authorizing the Chair to sign the contract. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no Regular Meeting - July 25, 1994 Page 5 Ashland Parks and Recreation Commission D. Review of Articles on Parks Foundation Commissioner Malone said that he generally supported the concept of creating a foundation but inquired as to what kinds of things a foundation could do that the Commission could not do on its own, what were the advantages to creating a foundation? Commissioner Alsing responded that he believed that a foundation could focus its energy on fund raising without having to address all the other policy related issues on which Commissioners must spend time. Commissioners generally had no difficulty with the articles as drafted by the City Attorney. MonoN Commissioner Malone made a motion to proceed in creating a foundation for parks along the guidelines set forth in the draft of articles. Commissioner Adams seconded. The vote was: 5 yes - 0 no Commissioners Alsing and Malone volunteered to continue to work with the City Attorney to continue the process. E Masters Swim Program Commissioner MacGraw reported that she had been contacted by the Masters Swim Program which requested that the program be allowed to use the Meyer Pool for the period of time which the SOSC pool will be closed prior to the fall quarter, approximately mid-August to mid-September. Director Mickelsen indicated that the Masters had used the pool similarly for several years, that the department provided one guard and that heat for the pool would be provided by the solar system only. Master Swimmers would pay the same rate as lap swimmers. By consensus, Commissioners authorized use of the pool along the guidelines presented. VII. NEW BUSINESS A. Dedication of Park Land Commissioners reviewed a memorandum related to the dedication of the Brevik and Superior properties commonly referred to as the Siskiyou Mt. park site: Director Mickelsen indicated that the two year process of clean-up of the property had been completed by the City. It has been the understanding between Commission and City that once the clean-up was complete, that the land would be dedicated for park purposes. MonoN Commissioner Coppedge made to motion to request that the City Council dedicate the property commonly referred to as the Siskiyou Mt. Park site as park property. Commissioner Malone seconded. The vote was: 5 yes - 0 no Regular Meeting - July 25, 1994 Page 6 Ashland Parks and Recreation Commission B. Land Acquisition Director Mickelsen reported that he had been contacted by a resident.of the hospital concerning a parcel of land which might be available and suitable for a neighborhood park: The property is approximately one acre in size and located at the end of Scenic Drive off Maple Street. When the Open Space/Park Land Acquisition map was being developed, no property in the hospital area was able to be identified for a possible neighborhood park. Director Mickelsen inquired as to whether or not the Commission would like to look into acquiring this parcel. It is currently zoned R-2 but there appears to be no plans for development at this time. By consensus, Commissioners authorized the Director to contact the property owner to make an initial inquiry. . Commissioner Coppedge mentioned a very small piece of property at the corner of Coolidge and N. Main which could make a stopover point for walkers and bicyclers on their way into town. After brief discussion, Commissioners concurred that pricing the property would be appropriate but that it would probably not be of high priority considering other obligations. Commissioners Alsing, Coppedge and Malone volunteered to work with the Director on the Falk view-shed property. The possibility of cooperating with the Forest Commission on the hiring of a timber cruiser was discussed to assist in determining the fair market value for the property. VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT Director Mickelsen reported that the public inquiry form concerning the community portion of the Youth Activities Levy was scheduled for the September-utility newsletter. He also indicated that he had contacted Youthworks which is the agency that oversees the Ashland Teen Center to express the Commission's interest in working with them on determining future programming needs. Commissioners reviewed a staff memorandum outlining recommendations for water curtailment related to maintenance procedures and modifying irrigation. Director Mickelsen reported that the outlined cutbacks would save better than 30% in water consumption. In discussion, one of the recommendations was to drain the Perozzi Fountain because of the volume of water required to maintain it. Commissioners authorized staff to follow the measures as outlined but to put off draining the Perozzi if at all possible. Director Mickelsen reported that a member of the Tayler Foundation board had inquired about the possibility of converting irrigation in Lithia Park to T.I.D. He said that the Tayler Foundation might be interested in funding a conversion if it proved feasible. After brief discussion, the Commission authorized staff to hire an irrigation consultant to assist staff in determining the feasibility and associated costs. Regular Meeting - July 25, 1994 Page 7 Ashland Parks and Recreation Commission IX. ITEMS FROM COMMISSIONERS Commissioner Coppedge indicated that she would very much like to see bicycle racks placed at the department office and at the Meyer Pool entrance. MOTION Commissioner Malone made a motion to extend the temporary rule related to noise in parks which was adopted at the July 18, 1994 meeting to the end of August. Commissioner Adams seconded. The vote was: 5 yes - 0 no X. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Tuesday, August 30, 1994 at 7:00 p.m.- XI. ADJOURNMENT With no further business, Chair Alsing adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department CITY OF ASHLAND PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES July 18, 1994 Chair Alsing called the meeting to order at 6:30 p.m. at the department office, 340 S. Pioneer Street. ATTENDANCE: Present Pat Adams, Al Alsing, Teri Coppedge, Laurie MacGraw, Bob Malone, Ken Mickelsen. Absent None I. ADDITIONS OR DELETIONS TO THE AGENDA None H. REVIEW OF PARK RULE RELATED TO DRUMMING Chair Alsing advised the audience that the Commission had called the Special Meeting related to the Commission's recently adopted rule on drumming in parks because that rule had been appealed to the City Council and, prior to the Council acting on the appeal, wanted to give the Commission the opportunity to review the rule if it chose to do so. He explained that if the Commission chose not to review the rule or to uphold the rule as it currently stands, then the appeal would be heard by the Council. If the Commission chose to rescind or change the rule, it would advise the Council prior to the meeting. He asked the Commissioners whether or not they would choose to review the rule. MonoN Commissioner Coppedge moved to have the Commission discuss the rule on drumming and percussion instruments in parks. Commissioner Malone seconded. The vote was: 5 yes - 0 no Chair Alsing also inquired of the Commissioners whether or not they would choose to hear testimony from the audience at this meeting. He said that if they chose to do so, he recommended that, having had several meetings where the Commission has heard public opinion on this topic previously, audience members be asked to only speak if they wanted to present new information and that the length testimony be brief. Commissioner Adams said that she felt that the Commission had two topics to address: first, the general issue of the Council becoming involved in park issues and, secondly, the drumming issue. In elaborating on the first point which did not specifically relate to drumming, she said that she would like to have the Commission express to the Council that the Commission had some concerns about the Council becoming directly involved in setting park rules. She said that Commissioners were elected directly by vote of the people to make decisions concerning the park system and that she would prefer that the Council not set a precedent for having park rules reviewed by the Council. Using the drumming issue as an example, she noted that the Commission had been studying the issue for two years. r r Special Meeting - July 18, 1994 Page 2 Ashland Parks and Recreation Commission Commissioner Coppedge indicated that she supported Commissioner Adam's position completely. She said that she also fully supported the citizen's right to take an appeal to the City Council. However, on such an issue in which the Commission has taken hours studying, hearing testimony and reading letters from interested citizens, she said that she would hope that the Council would respect the Commission's decision. She said that she felt that the Commission was perfectly capable to handle issues related to the park system. MOTION Commissioner Adams made a motion to have the Commission write a letter to the City Council recommending that it choose not to take a position on the Commission's decision regarding drumming and thereby not set a precedent for park rules being reviewed by the Council. Commissioner Coppedge seconded. Commissioner MacGraw commented that she strongly supported Commissioner Coppedge's statement regarding the citizens' right to appeal as well as to the Council's hearing the appeal. None the less, she also supported the point of view that having the Council review Commission decisions regarding park rules would set a cumbersome precedent not in the best interest of the park system. The vote was: 5 yes - 0 no Regarding the issue of drumming in parks, Commissioner Coppedge related that previously the Police Department had indicated that to regulate noise from drums or other noise within parks using decibel meters would be difficult or impractical. She said for that reason the Commission looked for a different avenue to achieve its purpose ultimately voting on the rule which currently prohibits drums and other percussion instruments from use in parks without special permit by the Commission. She said that Director Mickelsen continued to work with some people who felt that the restriction was selective and discriminated against a certain kind of music and, encouraged by them, bought a sound meter to test various noise levels throughout Lithia Park to attempt to determine a reasonable sound level for all kinds of sound. She said that she would be willing to try a rule which would help preserve the tranquility of the park by regulating all noise by decibel level rather than prohibiting certain noises. She said that this would take care of any problems which might arise in the future with specific other noise, perhaps from bagpipes or trumpets. Commissioner Malone said that he could support a rule based on decibel readings in concept but was concerned about the administration of the rule because it required a d.evise to record the sound, distance parameters, and a person to record it before it was enforced. In general he supported the concept because it could allow for "soft" drumming without prohibiting the activity entirely,and that it would be directed to noise in general, not a specific activity. He just didn't know if it was practical. Commissioner MacGraw indicated that she liked the concept because it did not single out drumming but could be applied to noise overall. Special Meeting - July 18, 1994 Page 3 Ashland Parks and Recreation Commission Commissioner Adams said that she felt that the initial investigation done by Director. Mickelsen was a good starting point to get a feel for what level of sound would work and still allow the park to remain a tranquil environment but she said that she believed that further study was necessary. She said that she wanted more information as to specific sounds and how far they carried and the practicality of enforcement. She said that she certainly had no problem with addressing noise in general but that she was still receiving a lot of input to keep the current ban in existence, particularly in Lithia Park. Commissioner Alsing said that his contact with the general public was still running 10 to 1 for holding the ban and that, prior to changing the rule, he would want to know that whatever new rule was adopted would still solve the problem. Other Commissioners concurred that the goal was to solve the problem and that although they were willing to investigate the decibel alternative, they would not forsake the goal of keeping Lithia Park reasonably passive and tranquil for most users and neighbors. Commissioner Malone said that he also would like it kept in mind that the Commission has been looking for an alternative location to Lithia Park or the neighborhood parks and that the school district has indicated that there would be no problem with drummers using the Middle School's middle field. Chair Alsing asked whether or not anyone in the audience would tike to address the Commission on the topic: Arthur Anderson (13 N. Main) Mr. Anderson wanted to know what happened to the "compromise." He said that the Commission had totally ignored the compromise proposal for limited hours of drumming which was recommended by the committee which met with Commissioners Malone and MacGraw. He said that his primary concern was that the ban on drumming was discriminatory. Chair Alsing said that the Commission discussed the compromise at its Regular Meeting in May and that the majority of the Commissioners did not agree with what came back from the committee. Commissioner Adams said that prior to the decision on the compromise she had received a lot of input from the public indicating that because drumming was a noisy activity that it did not belong in Lithia Park. She said that the Commission did not ignore the recommendation of the committee, it just did not agree with the recommendation. Commissioner MacGraw said that although she had served on the committee which reached the compromise recommendation that after much discussion and deliberation within the Commission meeting and hearing input from people who were concerned about maintaining the tranquility of the park, she changed her position and voted for the ban. Chris Wood said that at the Commission had chosen to form a committee of Lithia Park neighbors and drummers to try to reach a compromise and they did so. Now there was a whole new group of people he had not met called "park users" which he had not had an Special Meeting - July 18, 1994 Page 4 Ashland Parks and Recreation Commission opportunity to talk to prior to the compromise being "scuttled." He wondered who they were. He also said that he felt ignored by the public process. Jacqueline Peak (247 3rd Street) asked the Commission that if it were to consider using decibel levels to regulate noise/music within the parks that it also consider length of time. She said that during a musical number sometimes it gets louder for a brief period of time which is not a problem but that the drumming goes on, and on, and on so that it is a problem. She said that she comes to Lithia Park in the afternoons to relax after a stressful work day to enjoy the swans and ducks. She said she cannot do that if there is loud drumming. She said many people look on Lithia Park as a place to "just get away" for.a little bit. There are other places where people can drum. Marcie Mizerak (315 Scenic Drive) said that she had moved to Ashland eight years ago because of the park and the creek. She read a letter to the Commission which she had written and was submitting to the Tidings. Among the statements made in the letter she said that just because many park users do not want to have drumming in Lithia Park does not mean that they are opposed to drumming music or drummers, just that it is not appropriate for Lithia. Park. She also stated that because Lithia Park is located in a valley that percussion instruments echo up the canyon and advised that the Commission needed more information about how sound carries than simple decibel readings. Jed Meese (88 Granite Street) said that he had served on the committee on drumming as a park neighbor seeking the compromise. He indicated that when working with the committee, he and others had gone to the N. Mountain Park site to listen to a group of drummers and determine how the sound carried. He said that when walking on the flat about 300 yards from the drummers, that the sound was not intrusive. However, when walking on the hill above the drummers that it was much louder, as it is on Granite Street when drumming occurs in Lithia Park. He said that through this experience that he has come to believe that there are a group of individuals to whom drumming is important and that he would like to assist in finding a solution. He said that he believed that the Commission was doing its job. However, he said that he was a member of the YMCA Board and that the "Y" is looking into incorporating a place to drum and drumming classes into its programming. He also said that a number of his neighbors on Granite Street have commented about the peace and tranquility in the park which had returned since the drumming ban went into effect. He hoped it would be possible to find a spot for the drummers other than Lithia Park. If the Walker School site would be more appealing with a park bench, he felt that the Parks Department should put it in. Patricia Allick (456 N. Laurel) said that it was her letter to the Tidings which had referred to outhouses and shade at the Walker School site. She said that regardless of the amenities, that she did not find the school site a compromise because it has always been available to drummers. Her primary concern was that the drummers were being kicked out of Lithia Park. She said that she teaches drumming and relayed an incident in which she was in Lithia Park teaching a small child when other children and their parents ' -its . • r! 1"(,Jfin lr i � " t � +.• 1 :.fl'l:'i'1f ❑j;r ,! . 1. .Ll"I (l.�Zl�:i!Jf }ji`GIfC.I .rifi., t( . lfit .t(i. . A�. � •1 �I1. # it i.�al ' `,I . l l 1 ;1.11 Il.,'!n .�' ..I '�„J4��1' J�f 4 d j• ff ' # � n 1ft ' ., •} �" }�i;'S 1.Li 'i(1i t ! ' t :Iv #1f t��X E�y�: , - .t (. !�i,i., �( lt}sjcy� l'r: .F(Iwt}rrp• �,r i'l ?• ) L'Y'E i /, . . i tai Ci�'. i . fI Q(>t �9e ..r�ffffilFtru'f[) �zi ; �I E� ,7 ' +a''i ai i t ! {tJ E Nt'{t (4!( • t, a.. l' # ..� t, Ti �i , � I �. r (r8t 1�.#..•1 h illE ' It ' twit,, .d f: '•69ll[ JP, .IL,ew ,.1 „ t 1 (t•''t�.` tF '.'}S,t S+,r i V� :Fi•}:Ei ifi - . ta - m � L - .!&' 1'F• )� . , ,. ' .1915%r t ft' 1 _ lf �lif J i fl 6�{. 11 i..) !IJILi, ij f�f(6 fz �(79tar » aF raj 7 t gnjtn fs } . f 1 � ! - Fv�rihFFr' ;.ti �•'• I� '`� - :�,'. F7 ,ttl'la : �j� '� ''•'k 1 .� ..trr i ,�Gr.. �'; L- t'�; t ., y ( •1• ..ytl t}. �r��'a.'I(J l'Aa-1'i'� c f1' S9f� .1 Y 5..•. - t ',, C�Ttr y'�J:.i;'l I 'f ;elk �F S ' •�rr')LY� �'(fifj?. 1(rd ' (( • . ,y., ;'! � ri `. JI!Y1 f It'it (�b ? Ikt r 1 �7.1•. , �fa ` : -t`t.i `i'.�ytt ,.;µts+;'f�.ry ;�' ri_ '. ! .' 1. .« .y EF't�vl ,�PA • 1 I to ,} .� � .r. FIL 'n t, a #:�'it ✓ �. 1' r-' � . iS - c. a('�€f �9Zi tl�t. rC!(1 ! "t it fh"Y�.)t✓ t1 • r E� i'• .F 1 k y l �' i ).1 .1J v 5 ihu�l A I�1.tIF,(� d, ill «f. . tv t 1 I I Special Meeting July 18„!1'994 �� ,'j 1 Y Page 5 Ashland Parks an&Recreation Commission : ' 4 yfjSi��7 gathered.around interested and enJoying the activity with various kinds of percussion instruments. She feltAhat the Commission would be denying a positive activity from the Park. She said that it was a`creative opportunity for young people and should not be banned from,the park. Susan Powell said that she lived at the comer of Scenic and Nutley and also worked„for the Lithia Park-Cafe, 'directly across Winburn Way from Lithia,Park:..$he said that , previgusly she hadrnot participated in discussion on the issue beca use,sher elt that the,, original compromise which was discussed was reasonable. She said,:that�she would not want'to listen totidrm us-coming from the park all the time but,pehodically.would be okay. Iivher-opinion, it urns'-coming a^creative activity and should not be totally banned. She said that for 10 years living.,nea;,the park she had been listening to music not of her choosing ' corning froth the Bandshell but that that.was part of the,deal living near the park•: She,felC that other,,neighbors,could also-put up with some occasional drummiig: Larry Bressler ('1.51Strawberry•Lane),*right,up the street-from`the,,,Bandshell, said that<he 0bje,cfed'to the dn,"ing,very much. He felt that a corriprornise should be reached. But the monotonous noise from`,drums carries up to his house so that he has no-choice but to*'- go'inside: close,theewiddows an&doors, or leave the area. He did:not believeythat hear should have•to make•that;,ohoice. He said that he could understand occasional concerts but he was,opposed to "indescriminant drumming.” ;5 . In discussion,among Commis5i6liers therF'were dif) ng points of view.'aseto'whether or not the Commission should leave the existing rule in'tl'ace'or to'come'up with another, trial period using,decibels as'a critei ayfor regulating levels'of'soundror noise within the.,,, . parks°, Comrmssioner'Adams indicated thai'she did not have sufficient information;on how a t =rule based o•r n decibel levels would work. She'saidrthat shb believed that the Coinmissiori.hat heard-from many people on all sides;of the issue and that she believed most people did:not choose"to have noise-from drums occurring in parks particularly,. LithiaTark. She said.that she would not mind studying the•practicality,ofiusing decibel readings but was not in.support of making a change until it,,was studiedrfurther. ' Commissioners-Malone'said that he felt that if were kepi io a modestfdecibel ieadiug that the resulting sound would not;have an adverse affect on the�tranquiliWiof the park. 'He said that the Cdniinission had readily adopted the previous"rule and'sdw no difficulty, iii ' pa9sin '.4 rule,-f&<a;trial'period based on decibels:- He questioned whether•,or not it could really be studie&without a trial rule being in place' 'Commissioner Coppedge.concurred. She also:stated that.she was strongly interested in.keeping;Lithia Park a'tranquil environment but that this summer seemed like "an experimenial sum'ner" toary, to reach thd'best,and most equitable 'solution on the issue of drumming,.in parks: Commissioner MacG.raw stated that she believed adopting a temporary, emporary rule based on decibels;would give the Commission the information necessary to know whether of not that kind of rule would achieve the goal of keeping the park tranquil without prohibiting a specifiokiivity. Special Meeting - July 18, 1994 Page 6 Ashland Parks and Recreation Commission Monox After some further discussion, Commissioner Coppedge made a motion to prohibit for a 30 day period any noise in parks exceeding a 60 db level at a radius of 100 feet from the source of the sound except for those events authorized by the Commission and for sounds related to park maintenance or construction, and, to prohibit the playing of musical instruments in parks except for the hours of 2:00 p.m. to 6:00 p.m. on Mondays, Wednesday, and Saturdays. Commissioner Malone seconded. In discussion, Commissioner Adams indicated that she believed that the exceptions for musical instruments should include a specific location such as the front of Lithia Park rather than leaving it open to the whole park. Commissioner MacGraw indicated that she could not support the motion because of the times selected for allowing musical instruments to play. The vote was: 3 no - 2 yes (Coppedge, Malone) MOTION Commissioner MacGraw made a motion including all the specifics of the previously stated motion changing the exception for musical instruments to between 4:30 p.m. to 6:00 p.m. Tuesdays, Wednesdays, Fridays, and Saturdays. .Commissioner Coppedge seconded. The vote was: 3 yes - 2 no (Alsing, Adams) MOTION Commissioner Malone made a motion to suspend the rule prohibiting drums and other percussion instruments from parks during the time frame that the temporary new rule related noise and decibel levels is in effect. Commissioner Coppedge seconded. The vote was: 4 yes - 1 no (Adams) II. ADJOURNMENT With no further business, Chair Alsing adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department Monthly Building Activity Report: 07/94 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ` ADDENDUM TO #9309025 1 0 ADDENDUM TO PERMIT 1 0. ADDITION 2 15,377 CARPORT 2 9, 361 CONV APTS TO CONDOS 1 7, 109 DEMOLITION OF PORCH 1 0 FENCE 1 250 GARAGE 1 1, 812 GARAGE REMODEL 1 3 , 500 PORCH 2 8 , 000 PORCH REMODEL 1 10, 000 REMODEL 1 1, 500 REMODEL & ADDITION 1 13 , 000 REMODEL CARPORT/SHED 1 10, 000 REROOF 1 3 ,500 SEWER/WATER/SERV/SPECIAL 1 700 SFR 8 1, 430, 349 SOLARIUM & NEW ROOF 1 13, 200 i,NDERSTRUCTURE REPAIR 1 5, 000 C4 1 G=4, 3y Subtotal: $ _17-53-2-,6 Electrical: 1 BR CIR FOR A/C 2 300 1 BRANCH CIRCUIT 2 410 CHANGE PANELBOX . 1 500 FENCE 1 250 SECURITY SYSTEM 2 1,280 SERVICE + 2 BR CIR 1 300 SERVICE CHANGE 4 2 , 250 TEMP POWER 2 287 Subtotal: $ 5, 577 Mechanical: ADD A/C 1 2 , 106 GAS FURN & A/C (NO ELECT) 1 5,200 'GAS PAK + 1 BR CIR 1 4 ,200 GAS STOVE 1 950 GFAU + 1 BR CIR 1 2 ,300 Monthly Building Activity Report: 07/94 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCO_ MODATIONS: Mechanical: HEATING DUCT 1 100` INSTALL BLAZE KING GAS 1 2 , 100 Subtotal: $ 16, 956 Plumbing: GAS WATER HEATER 1 100 IRRIGATION SYSTEM 1 550 SEWER LINE 2 2 ,300 WATER & SEWER LINES 1 300 WATER AND SEWER LINES 1 375 Subtotal: $ 3 , 625 ***Total: $ 1, 558, 817 COMMERCIAL: Building: COMMERCIAL INTERIOR REMOD 1 11, 600 FELLOWSHIP HALL 1 91,449 FENCE 1 1, 000 INTERIOR REMODEL 2 38 , 000 PICNIC SHELTER 1 15, 000 RETAIL BLDG r. A -T 1 15 6,94g�r STORAGE WAREHOUSE 1 20, 346 STRUCT UPGRADE-PHASE I 1 120, 000 Subtotal: $ 454 , 343 Electrical: 1 BR CIR FOR ATM 1 550 ALARM SYSTEM 1 250 INSTALL CEILING FANS (4) 1 3 , 000 Subtotal: $ 3 , 800 Mechanical: 2 GAS FURN-NEEDS ELECT 1 15, 000 Subtotal: $ 15, 000 ***Total: $ 473 , 143 NEW CONSTRUCTION: 7/94 . RESIDENTIAL PAGE NO. 1 08/24/94 ADDRESS #UNITS CONTRACTOR VALUATION ** CARPORT ` 416 WIMER ST SCOTT, KEN 6712 . 00 ** Subtotal ** 6712 . 00 ** GARAGE 234 STRAWBERRY LN THIRKILL, LAURSEN 1812 . 50 ** Subtotal ** 1812 . 50 ** SFR 900 CYPRESS POINT LP KNAPP CLASSIC HOMES 175000 . 00 1093 OAK KNOLL DR OWNER 84595. 26 522 GRANITE ST ' WARREN CONSTRUCTION CO. 124479 .00 1011 CANYON PARK DR TO BE ANNOUNCED 120000. 00 234 STRAWBERRY LN THIRKILL, LAURSEN 231875 . 00 510 ASHLAND LOOP RD •PAGNINI CONSTRUCTION 450000. 00 816 ROCA ST TURRELL, JON CONSTRUCTION 130000. 00 1595 PEACHEY RD COX, TOM-GENERAL 114400. 00 CONTRACTOR ** Subtotal ** 1430349 . 26 *** Total *** 1438873 . 76 NEW CONSTRUCTION: 7/94 COMMERCIAL PAGE NO. 1 08/24/94 ADDRESS #UNITS CONTRACTOR VALUATION ** FELLOWSHIP HALL 48 FIFTH ST COSTER, JAY 91449 . 00 ** Subtotal ** 91449. 00 ** PICNIC SHELTER 785 A ST OWNER 15000. 00 ** Subtotal ** 15000. 00 ** RETAIL BLDG & APT 233 FOURTH ST OWNER 156948 . 00 ** Subtotal ** Monthly Building Activity Report: . 07/94 Page 3 Total this month: 70 $ 2 , 031, 960 Total. this month last year: 86 $ 1, 375, 113 Total year to date: 70 $ 2, 031, 960 Total last year: 86 $ 1, 375, 113 This month This month This year last year Total Fees: 23,935 19, 441 23, 935 Total Inspections: 591 496 591 156948 . 00 ** .STORAGE WAREHOUSE 485 A ST KLIMEK, RICHARD 20346. 72 W. -CONSTRUCTION ** Subtotal ** 20346.72 *** Total *** 283743 . 72 CITY OF ASHLAND I CITY HALL ASHLAND,OREGON 97520 telephone(code 507)r82-3211 TO: Honorable Mayor and City Council o FROM: Al Williams, Director of Electric Utilities SUBJECT: Electric Department Activities for JULY 1994 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR JULY 1994. INSTALLED 8 NEW UNDERGROUND SERVICES, 1 NEW OVERHEAD SERVICE AND 2 ALTERED SERVICE. . INSTALLED 4120 FEET OF CONDUIT AND 4415 FEET OF CONDUCTOR. 6 NEW TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 492 KVA AND NONE WERE REMOVED FOR A NET GAIN OF 492 KVA ON THE SYSTEM. RESPONDED TO 105 REQUESTS FOR CABLE LOCATES. HAD 377 CONNECT ORDERS AND 223 DISCONNECTS FOR A TOTAL OF 600. THERE WERE 323 DELINQUENT ACCOUNT NOTICES WORKED AND 74 DELINQUENT ACCOUNTS WERE DISCONNECTED. ONE 45' POLE AND ONE 30' POLE WERE INSTALLED UNDER NEW . CONSTRUCTION. 13 STREET LIGHTS WERE REPAIRED AND 1 STREET LIGHT WAS INSTALLED. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN. August 31, 1994 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - August 1994 The following is a report of my principal activities for the past month, and a status report on the various City projects *and Council goals for 1994-95. I. PRINCIPAL ACTIVITIES: 1. Entertained delegation from Nabari, Japan, including hosting luncheon at Winchester Inn. 2 . Met with Council candidates Jim Hibbert, Lois Wenker and Ken Hagen on different occasions. 3 . Attended monthly Cable Access Commission meeting at SOSC,. 4 . Attended Public Power Council members forum in Portland regarding upcoming power sales contract negotiations and BPA "reinvention". 5. Met with City Attorney and PW Director to discuss restraining order to require TID to deliver balance of our allocation through September 15th. 6. Attended monthly RVCOG Administrator's meeting in Central Point. 7 . Met with Pete Belecastro and Tim Bewley of RVTV to discuss plans for move of studios to basement of Music Building. 8. Met with business agent and job stewards of Laborers Union to review contract extension. 9. Met with Dick Wandersheid and Staff to review meeting Dick attended with BPA regarding "Unbundling of services" and its potential impact on Ashland. 1 10. Met with a resident on Beach Street regarding an ongoing neighborhood problem with Poplar tree roots and sewer backups. i 11. Spoke with acting Ashland Ranger regarding USFS plans for relocating the District office now on Washington Street. 12 . Was interviewed by Pam Lyons,, Reporter for Tidings regarding City Recorders position. 13 . Met for coffee on two occasions with individual Council members. 14. Met with our new BPA area representative and Conservation person to review Ashland's programs and to. express our concerns about BPA "Reinvention" and tiered rates. 15. Facilitated meeting with Jackson County officials regarding their administration of the proposed real property transfer tax. 16. Had luncheon meeting with Superintendent Daggett to discuss ongoing cooperation between our two agencies. 17. Met with Sam Wong to review electrical problems at 27 1/2 N.Main and to discuss rental of additional office space. 18. Met with Parks Commission candidate Bob Bennett. 19. Met with Councilors Winthrop, Hauck, Housing Officer Kelley Madden and Jill Turner to discuss Property Transfer Tax administration. 20. Met with City Recorder candidates Russ Chaddick and Dennis Slattery. 21. Participated in monthly Town Hall presentation on RVTV with Mayor Golden and Councilor Laws. 22 . Attended breakfast meeting with City Staff to hear presentation by Ken Pulscamp, Assistant City Manager of Santa Clarita, CA on their response to the earthquake last Spring. 23. Met with Lance Pugh to discuss progress on their lottery grant project. 24. Met with Jim Greene and Wayne Rollins to discuss their proposal for a personnel screening system. 25. Attended all-day meeting of League of Oregon Finance & Taxation Committee in Salem. 2 . _ _. _ .. .. ...... .. ... . .... ...... .. .. i........ .n..t.1..}..'v'Y'.kIL:]v..�•::.'GiY.R x:::'vT'. Y.49 1 e + 26. Met with OSFA official and their architect concerning the feasibility of a joint elevator at the rear of City Hall. 27. Met with Al williams regarding landscaping and irrigation plans for new Mountain Ave. substation. '28. Met with affected department heads on effects of "Son of 5" on LID bonding. 29. Facilitated meeting with affected staff on the enforcement of the water emergency restrictions. 30. Met with Alan Adams and Pete Belecastro concerning fundraising for remodel of basement of Music Building For Cable Access. 31. Met with Alice Hardesty on Watershed issues. STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. Construction of the substation began on May 23, and is expected to be completed by October 1, 1994 . Landscaping is to begin in the Fall during the cooler weather. 2 . Open Space Program. Ken and I are still investigating the acquisition of the 40 acre SOSC Perro2i tract, and the granite pit above Lithia Park. We are also looking into two 20 acre parcels in the interface and a large tract on the North end of town owned by Everett Falk. 3 . Wetlands Study. The 20/50 Committee is continuing its work to facilitate a basinwide solution to water quality and quantity. We are still awaiting reports from the State Water Resources Dept.on water availability, and the Dept. of Fish and Wildlife on the effects on fish production and habitat. 4.. Capital Improvement Plan. In light of the recently commissioned engineering study on seismic retrofitting City Hall and other cost data, we will postpone a public presentation on the overall plan until Fall. 5. Office Addition at Civic Center. Working drawings and specifications have been completed. All action has been postponed pending completion of final cost reports on the Ad Hoc Committee's recommendations. This past week, we received a preliminary draft of the seismic study of City Hall indicating improvement costs of around $150,000. 3 1 III. STATUS OF COUNCIL GOALS (Uncompleted items) : 1993-94: 1. Deal more effectively with public/media issues. The City Council and Staff agreed to become more active in writing guest editorials and in responding to letters to the editor. (Ongoing) 2. Review personnel policy effectiveness. The Council directed a review of our present employee evaluation process, training, and overall personnel policies. (A committee of middle management personnel has been reviewing the last issue, and I hope to report to the Council on this soon) . 1994-95: 1. Resolve A.D.A. requirements. including giving consideration to back wall defects and full accessibility for City Hall and Engineering offices. A recommendation on barrier removal was presented to the Council on June 5 and adopted. The 94/95 CBDG budget appropriates $22,500 per year for these projects. we are to do the items most beneficial to the handicapped first. The plan will take about 8 years to complete: Also, I am working with Paul Nicholson at OSF regarding a joint use elevator at the rear of City Hall. 2. Form Ad Hoc committee to develop strategies for improved two-way communication between citizens and the Council. Mayor, Councilor Laws and City Administrator are to meet to formulate a committee. 3. Council meeting scheduling. Implemented. 4. Revise Land-use procedures to enhance use of neighborhood i3roblem solving and mediation. Draft being prepared by City Attorney. 1994-95 NOTES TO STAFF (Uncompleted items) : 1. Directed City Administrator to investigate the status of the Railroad property; i.e. clean-up, availability for purchase, etc. 2 . Asked City Administrator to check into red/yellow/green light system for public input at meetings. C �2. Brian L. Almquist City Administrato BA:ba 4 yno..no a of ASNe Pma rand unt ??EGo� August 23, 1994 V1 u: Brian Almquist, Steve Hall, Paul Nolte rum: James H. Olson, Assistant City Engineer �$ubjtrk TERMINATION OF OAK KNOLL MEADOWS SUBDIVISION EASEMENTS James and Lisa Moms,owners of Lot 68,in Oak Knoll Meadows Subdivision,Phase III,have requested that three old water line easements crossing their lot be temvnated. The easements encumber the northerly one third of the lot and severely limit its buildability. BACKGROUND: The three easements were all acquired for water pipelines and were acquired in 1915, 1960 and 1963. The easements appear to cover the same general area and overlap somewhat. None of the easements are currently being utilized and we can see no future need for them. Jackson County Title Company has prepared a quitclaim deed whereby the City can extinguish all rights and interest in the easements urfivor of James and Lisa Morris. The quitclaim deed form has been approved by Paul Nolte. ACTION REQUESTED: The City Council hear this request at its September 6, 1994 meeting under the consent agenda and the Mayor and Recorder be given authorization to sign the quitclaim deed. Attachments: Quitclaim Deed Map Memo of June 14, 1994 cc: Dennis Barnts John MacLaughlin Lisa.Morris rcApwVo21.mo0 . OAK KNOLL MEADOWS * PHASE 3 . EASEMENTS TO BE TERMINATED _ 100.00 u; SCALE: 1°=100' . os #1138 p A P _ 538°4IafiE 291.3_ 57 775'.42_ /7'�/7 128.9. �•71 429.9 N31'20'39'* 10' PUE`-� ^~ y9 '', TO 10 PUE � 44'44'20•`I'I 340.00 108.00 3 89.25 N23.5j. 1 7�3• N 76.00 '�' I 3 31W '�' 10' S� in 88, III PUE IOPU 6.00 ut m #912 25 a E o S\PUE 80.00 S �� #900 p t7• #906 �Ir� N 3 i,� 56 #894 poJ'� o S2 b 53 �jh IO PUE / yp, Soa#1132 (� r? #eaa o 1 50 b � Sl 'o #91 a &1 ��/"', 49 .o� o _ ..•. (q�d� �'o #s18 o r �• J4. 'I• O d . �, 4 �.ni�v of ^ #1126 •fir �' #asz o,c. f a �..�-•�-- � Hd. rr/�yo.,� ~oast. 48 4 21T.67 m ` 03�*, a, ^oo / .s• r N .76000Ot�Y® S 'Y31.2E .\ ' L16 \ N• L14,-,n mot f899 .O�#905 a �t � p , /' e0 47 ® N31'S7• ;y. #893 ,rte 76 77 � u M o ® 4r i e 01/ SY �0' PU �°' ry�• p QJ /�? •#936 , 1• 87.99 1 m u� o0 04 M v ,�? 59 O�W /#a75 0° IVOii 'o�. 1c 76.00 4 76.0 IL #923 8 �"^pp J�, po 228. �® 704,PU .yeo: 4 7 N44 44.20'W 0 h y UE >'16,0&'61 Q 79 ® 3 97'SW coo 9/\ 10' PUE 9s .19 #929 Mro p i e ooi 0 109. N31;57'5YW 225.00 � `app Y m )Ow ` f 863 o co- . 75.00 3�4 P*,/!" 1iy 0°1� •�6 /y ®\ ri v� G .� 3 6.00 s n�^ GO 0 5 PUE io 3 ��+*90ors�v / ��9p . #941 1 7'SY 0 72 #87 39 op o o ,r�l q �13�s' /' 01?� 81 3 1000 \ 1 H #Ba5 n�10PUE 9330 'n #821 ,*•� s j 0a,3 �S0 PU 4►6 Ah#947 fasa ,yti 3 ' ° �0� ? � 4' •\� aoo seoo=�� e ?�$ ~p 43 ~o ° o#sa6 0 3 3 10' PUt� 3 ► 9 \ #852 Nry h p 42 r .#840 o c f834 0#828 �o' F9 ./ ;�j�• S? r�'SS�W d o 0 0 41 c 0 40 gig 39 0 . / a1 . o . / 10 PUE' > 9 /0 S i rn N •1°n ,-CPuE '�KO �n �/ 67 ,fv1 00 \ .\> �OPUE\ O 3 380 OOr -74.00-y T 74.84 69.54 ' #80 1. Op �`'u v 11a \ 1 31'57'52 N40'34'OYW / .`j,, 0 6 a6 gyp►'• �3 F /� IS'/j �� 7.• 9 #803 8 ✓ i w#806 0 \OPEN SPACE 8 PU E poi`` K o 667 o� . ►� j / (Pond area) p f #800 O QV 9 6 "Lk'► rp�'�' J yy `000 � c 6.1 p5 ,� o g uo 1 r'w opl silos sasemsnf '? o P �� 5• O �� 5 m0�r'-#111! 27.5 •11 ►5 �•'�f 10aa C 6\ � '`(�. � 04 •VO p� �1r �2v o N23 (City of Ashland Vr ► b Awl 7 W n: Vol 109/215 / e '. x•00 and Vol 109/208 . g55�5G 65 c � �'� 'd►1105 #t0a2 0 9'122 61.8 i #1076 '�.•+ �{3"1�•9� p'PUE `r1 0�'1'1'�110 'JE 27 ^'1 62. A #t >` `o„ 33 4 a66 w 93 °ati �6 *1k, S n�#1060_ . / > 00/ A'p r'. #1099 'w o "+GF AS& : ��:. � . � QmarttxtcFixm �4tood 14 June 1994 Steve Hall, Paul Nolte, Dennis Barnts I I I CraTCI: James H. Olson, Assistant City Engineer�-- *bjPtt: Termination of Easement in Oak Knoll Meadows Subdivision Phase III I have recently received a request through Jackson County Title Co. and Lisa Morris to terminate an existing easement which is platted across lot 68 of Oak Knoll Meadows, Phase 3. BACKGROUND My records indicate that there are perhaps three separate easements which affect lot 68 and include the following: 1•. Volume 540 page 362 Warranty deed from the city of Ashland to Oak Knoll Land Corporation in which easements were reserved under section 3 and 5. This document was recorded on 2/7/63. 2. Volume 490 page 255 An easement for pipe line purposes granted by George Helms to the City and recorded on 6/1/60. 3. Volume 109 page 208 An easement for water or gas pipeline granted by George W. Owen to the City. These easements affect the buildability of the lot and to my knowledge are no longer in use. Would you please confirm that the easements as shown on the attached map are no longer necessary and can be terminated. REQUEST If there are no objections to the termination of this easement, the request will be presented to the Council for their consideration. The original document has been returned to Jackson County Title Co. for modification. JH0:"%0Ak WII ___itlIM N..rf_I—_W_I_!QM_M OF FO IIM_I_r_Nw_IwC_gr.bl,___ ___ _ewpyax�mrJiiyyn)1uLL.wJVRxuwase..p_IITUxv.o[mw._. Nl.. ._.._.._... ,kLL, QUITCLAIM DEW emu' Cit Of Ashland KNOW ALL MEN BY THESE PRESENTS,That..................""."_.........._...._...X..._...,..,.,.""".."". .................._..."..".."................. _............................."......._.._...0..e._.._.._.t.......�_dd.........................................dd _............""".................................._,hereinafter called grantor, for the con MORRIS han�L bpAntM0R�s1 hereby r.miae,re/ease and quitclaim unto"_.._....."""_...._..""".."""__............... _".._.........._."."."_.._...._...".._....."_"._.._...""............_".S"............"".".."...."_.""".."".".."."..".""."".".._...._...."".".........._"""........."..............".".."". hereinafter called grantee,and unto grantees heirs,succesors and assigns all of the grantor's right,title and interest in that certain real property with the tenements, heredilaments end appurtenances thereunto belonging m in any way appertaining,situated in the County of----Jackson ................„Slate of Oregon,described as follows,to-wit: lot Sixty-eight (68) of OAK IQALL MEADOI's, PHASE 3, a Planned Unit Development to the City of Ashland, Jad®on Courrty, Oregon, aoca dinI; to the official plat thereof, now of reeord. Together with an easement of enjoyment in and to the common properties (opal apart,) and shall be appurtenant to and shall,pass with the title to every lot, and subject to rights, liens and charges in connection therewith, as set cut in Declaration of Covenants, Conditions, Restrictions and Easements recorded February 22, 1984 as No. 84-02751; Amnaded Declaration of Covenants, Conditions, Restrictions and Easements recorded April 19, 1984 as No. 84-06137: and Supplementary Declaration of Covenants, Conditions, Restrictions and Easements, recorded July 29, 1987 as No. 87-15602 and recorded August 16, 1990 as No. 90-20651 of the Official Reoords of Jackson County, Oregon. • R (Code 5-15, Amount #1-79149-0, Map #393E13®, Tex Lot #6300) I' i II ** I To terminate easement recorded February 7, 1963 Volume 540 page 362. and easement for pipe line recorded in Volume 490 page 255 recorded one June 1, 1960 and an easement for pipe line recorded in Volume 109 page 208 recorded on July 16, 1915. i )IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the grantee and grantee's heirs,successors and assigns*forever. The true and actual consideration paid for this transfer,stated in terms of dollars,is f......,."............................ O'However, the actual consideration consists of or includes other property or value given or promised which is the wAole consideration indicate which rba[enntt[bdew[en the (he rhol. C' ).of ryaawlrm,if not epplfreble,Nevkl be dNeted.Sae ORS 93.030.) el In construing this deed, where the Context co requires, the singular included the plural and all grammatical changes shalt be made m that this deed she//apply equally to corp rations end to individJn; 94 In Witness Whereof,the grantor has executed this instrument this..............day of."...__."..:.....................119....9.,; if a Corporate grantor,it her reused its name to be signed and its deal,it any,affixed by an officer or other person duly authorized thereto by order of its board of directors. ITHIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE """'"""'"""" "'""' "' ......................' SCRIBED IN THIS INSTRUMENT IN VIOLATION Of APPLICABLE LANG Clty o Astilani7����� � � ������'��"'� �"""""" USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING -Mayor..Catherine--rolden ................................ ..... THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD.CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Recorde"r IJari"'Fvrankl3:n'........................................... STATE OF OREGON,County of........"..................""..............""..,"_...-- v. This instrument was Acknowledged before me on.............................._...................19........, by........".........._.............................................................................................................._.............................. This instrument was acknowledged before me on.....................................................19........, by.,Catherine Golden,._Mayor._and Nan Franklin, _Recorder _. ...". . .. . . ......... .". .. . . '.... .............. as..........._...._......................_.........._...._................................................................................................. ...". Of..................._...._.........._...._.._.........._......................................................................._............... :. ....".._.._......................""."...................."..."...............".......................".. Notary Public for Oregon Mycommission expires........................................""...................... City of Ashland STATE OF OREGON, ._...._.......... .._..__.-._.... County of_..__._._.._..........__.......... Bs' .__.._...................................................____._.._..__ I certify that the within instrument Morris �W.New w*Au�.r was received for record on the___.day .._----_._,o'clock."._.M.,and recorded in ............._._._..__._...._..........____._..... ._._.._ book/reel/volume No..___...__.on page o,.nw•.x.x..M ANd�w. Aew.wwNM[nYM N Lx.,,,..- . Md.. xy11� Inaoa s uu ____..._._....-..end/m as lee/file/instru- JAI+�ES 6 LISA MORRIS men!/microfilm/reaption No_..__...__., _815 Cypre s s._PO in t_LOOP_._ __ Record of Deeds of said County. Ashland OR 97520 ______ ___ Witness my hard and Beal of unuAwu.w„.Y. .a.n Y Ywx.xN Y RR.x.,ANMw,:MI, County affixed. _,_No change _ .__ ..._..-_..__...._.........._.-. .. .._.__.. MAY[ TIT'[ ._...._..._.._...._...___...._...._...._._____,,.._._ By .Deputy Southern Oregon Regional Economic Development, Inc. 132 %V. Main,Ste. 101 Medford,OR 97501-2746 (503)773-8946 (503)479-2502 Fan:779-0953 August 22, 1994 City of Ashland Brian Almquist, City Administrator Ashland City Hall Ashland, OR 97520 Dear Mr. Almquist: We wish to thank the City and City Council for renewing your membership dues and for their generous donation to our Revolving Loan Fund. The Fund will help us to achieve our mutual goals of strengthening our economy while preserving our quality of life by helping existing businesses to expand and new businesses to get off to a good start. The Fund will also help to create jobs and the controlled economic growth needed to preserve our quality of life. The merger of SO-REDI/SOEDD will be a positive experience for all concerned. We are confident we will be a more streamlined, efficient organization, able to meet the needs of economic development in a timely and productive manner. The new Board of Directors of the merged organization will be appointed by the Jackson and Josephine County Commissioners. We feel confident that Mary Lee Christensen will be appointed, as she is the only representative of Ashland on both of the current Boards. We look forward to working with her. Taking part is the first step to strengthening our economy and improving our region. Thank you for all your support. If there is anything we can do, or if you have any questions, please contact us. Sincerely, Michael Nelson Marketing Director MN/pg f/nde does A&B Properties Cokhacll Banker/Donn Taylor,Inc Kosmatka,Donnelly&Co..CPAs Pacific Poa<r&Light Co. Southern Oregon State College Ashland.City of Order&Country Inc Lithia Auto Ounce, Rd Lion Hoteh&Inns TO Fbst,Inc Cable ocni Bank.of America Esorpcen Federal Savings&luan Marclueas&Assoc.Inc Rogue Community College u5.Bank Batear Construction Co. Pot Interstate Bank of Ortgon,N.A. Consullivg Engineers Rogue Valley Martyr US WFSI'Communications Bear Crock Corporation Grants Pas,City of Medford,City of Rogue Wane Systems,Inc Uni Telephone Company Burnu Rut Fstare Co. Jackson County Medford Mail Tribune - S&B J.Construction Co. WP Natural Gas Eugene R Burrill lumber Co. The Job Council Wbstern Bsnk Central Point,City of Josephine County EXTENSION OF AGREEMENT OF EMPLOYMENT That certain Agreement of Employment dated September 17, 1985, as extended to August 31, 1994, is hereby extended to August 31, 1997, subject to the same terms and conditions thereof, except that a new subsection 5 shall be added to read: "5. The City agrees to maintain its existing retirement plan and will continue to assume and pay the employee's contribution required by O.R.S. 237.071 at a uniform rate of six (6) percent for the term of this agreement." By action of the City Council this day of September, 1994. Catherine M. Golden Mayor Attest: Nan E. Franklin City Recorder Accepted this day of September, 1994. Brian L. Almquist City Administrator Approved as to form: Paul Nolte City Attorney I v � Contents of Record for Ashland Planning Action 94-081 REQUEST FOR SITE REVIEW TO CONSTRUCT A 114-UNIT RETIREMENT FACILITY LOCATED ON THE EAST SIDE OF NORTH MAIN STREET, OPPOSITE THE MAPLE STREET INTERSECTION. ALSO REQUEST FOR A ZONE CHANGE FROM EMPLOYMENT (E-1) TO HEALTH CARE (HC) AND MODIFICATION OF THE DETAIL SITE REVIEW BOUNDARY. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: El; ASSESSOR'S MAP #: 39 lE 5DA; TAX LOTS: 3900, 4000, 4100, 4200, 4300; MAP # 5AD; TAX LOT 1100. APPLICANT: CLIFF CURRY Notice of Public Hearing before City Council & criteria . . . . . . . . . . . . . . . . 1 Criteria for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Affidavit of Notice . ... . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 4 Notice of Public Hearing (Daily Tidings) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Ashland Planning Commission Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Letter From John McLaughlin to Cliff Curry . . . . . . . . . . . . . . . . . . . . . . 116 Staff Report Addendum, June 14, 1994 . . . . : . . . . . . . . . . . . . . . . . . . . . . 17 Ashland Planning Commission Minutes, June 14, 1994 . . . . . . . . . . . . . . . . 18 Letter to Planning Commission from Cliff Curry . . . . . . . . . . . . . . . . . . . . 26 Letter to Planning Dept from Cliff Curry . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Notice of Initial Public Hearing before the Ashland Planning Commission - May 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Staff Report, May 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Ashland Tree Commission Comments, April 29, 1994 . . . . . . . . . . . . . . . . . 42 Ashland Planning Commission Minutes, May 10, 1994 . . . . . . . . . . . . . . . . 43 Ashland Historic Commission Minutes, May 4, 1994 . . . . . . . . . . . . . . . . . . 52 Revised Site Plan, Landscape Plan, Architectural Perspectives and Exterior Elevations . . . . . . . . . . . . . . . . . . . . . . . 52A - 52G Applicant's Findings of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-79 Applicant's Housing Market Analysis . . . . . . . . . . . . . . . . . . . . . . . . . 79-103 Letter to Cliff Curry from Craig Black, Transportation Engineer, Oregon Department of Transportation July 31, 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Letter from James J. Gix, ODOT Region Engineer, to Charles Tracy - January 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Letter to Jerry Siven from Bob Aldrich, ODOT Region Construction Engineer - June 9, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Miscellaneous Letters in Favor and in Opposition to the Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108-211 Notice is hereby given that a PUBLIC HEARING on the following A copy of the application,all documents and evidence relied upon by the applicant request with respect to the ASHLAND LAND USE ORDINANCE and applicable criteria are available for Inspection at no cost and will be provided at will be held before the ASHLAND CITY COUNCIL on September reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost,if 6, 1994 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 requested. All materials are available at the Ashland Planning Department,City Hall, East Main Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97520. The ordinance criteria applicable to this application are attached to this notice. During the Public Hearing,the Mayor shall allow testimony from the applicant and Oregon law states that failure to raise an objection concerning this application, those in attendance concerning this request. The Mayor shall have the right to limit either in person or by letter,or failure to provide sufficient specificity to afford the the length of testimony and require that comments be restricted to the applicable decision maker an opportunity to respond to the issue, precludes your right of criteria. Unless there is a continuance, if a participant so requests before the appeal to the Land Use Board of Appeals ILUBAI on that issue. Failure to specify conclusion of the hearing,the record shall remain open for at least seven days after which ordinance criterion the objection is based on also precludes your right of the hearing. If you have questions or comments concerning this request,please feel appeal to LUBA on that criterion. free to contact Susan Yates at the Ashland Planning Department.City Hall,at 488 5305. •r.•• saetete aansorr _ zVI flHaRltlpE K ST. A 6 canny n. �Cin,C P.ra)r i rPW .,...«..� I CaQNaawt PL s� {.� �OM n , OJeC` j 3 I WrTME s �St HOSPITAL C.00tlgpC� cS� _ �Q SITE EL.AN z _____ __7�. VICMTY MAP ra. r/yr�r 4g A��1[D]RIE'Il'I�IE�RT7P 1�]®IEFICIE j i PLANNING ACTION 94-081 is a request for a Site Review to construct a 114-unit retirement facility located on the east side of North Main Street, opposite the Maple Street intersection. Also request for a zone change from Employment (E-1) to Health Care (HC) and modification of Detail Site Review Zone boundary. Comprehensive Plan,Designation: Employment; Zoning: E-1; Assessor's Map #: 5DA; Tax Lots: 3900, 4000, 4100, 4200, 4300; Map #5AD; Tax Lot: 1100. APPLICANT: CLIFF CURRY a Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes c) The need to adjust to new conditions d) Where compelling circumstances relating to the general public welfare require such an action. Z r . SITE REVIEW 18.72.050 Criteria for Approval. The following criteria shall be used to approve or deny a site plan: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review Chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991 ) 3 _ AFFIDAVIT OF NOTICE On August 24 1994, the attached notice was mailed by the Ashland Planning Division to the attached mailing list for Planning Action 94-081 The total number of notices mailed was 52 BY Sonia Sue and Nancy DATE August 24, 1994 Notice checked by: Bill and Mac Planners Date: August 24, 1994 Property Owner Notified X Applicant Notified X NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will conduct a public hearing on Tuesday, September 6, 1994 at 7:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street to discuss the following subject: Request for a Site Review to construct a 114-unit retirement facility located on the east side of North Main Street, opposite the Maple Street intersection. Also request for a zone change from Employment (E=1) to Health Care (HC) and modification of Detail Site Review Zone boundary. Request for a sign placement variance to allow for a sign to be maintained on an awning at 10 Water Street not in accord with the City sign code. Nan E. Franklin City Recorder PUBLISH: Daily Tidings 8/27/94 8/23/94 S � 1 BEFORE THE PLANNING COMMISSION IN THE MATTER OF PLANNING ACTION 94-081, ) A REQUEST FOR A COMP PLAN MAP CHANGE/ZONE )FINDINGS CHANGE, MODIFICATION OF THE DSR ZONE BOUNDARY, )CONCLUSIONS AND SITE REVIEW, FOR PROPERTY ON EAST SIDE OF )AND DECISION NORTH MAIN STREET OPPOSITE MAPLE STREET. ) APPLICANT: CLIFF CURRY ) -----------------------------------------------) 'RECITALS: 1) Tax Lots 1100, 3900, 4000, 4100, 4200, and 4300 of 3 9E 5DA are located on the east side of North Main Street opposite the Maple St. intersection and are zoned E-1. 2) The applicant is requesting a Site Review to construct a 114-unit "congregate care" facility, a Plan Amendment/Zone .Change to Health Care (HC) , and a modification of the Detailed Site Review Zone boundary. 3) The Planning Commission, following proper public notice, held public hearings on May 10 and June 14 , 1994, at which time testimony was received and exhibits were presented. The Planning Commission approved the Site Review, and recommends approval of the Plan Amendment/Zone Change, subject to conditions pertaining to the appropriate development of the site. Now, therefore The Planning Commission of the City of Ashland finds, concludes and recommends as follows: - 1 - f 1 Section 1.. Exhibits For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. 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 "M" All information presented to the Planning Commission and included as exhibits are incorporated as part of this decision abd made a part of the record for this action. 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: A. With Regard to the Plan Map Change/Zone Change: 1. This is an application for a Comp Plan Map Change/Zone Change from Employment (E-1) to Health Care (HC) , and a modification of the Detailed Site Review (DSR) boundary, for a site of approximately four acres located east of North Main Street, opposite the Maple Street intersection. The purpose of the application is to allow development of a congregate care residential facility, which provides for the housing needs of the senior population. This type of housing facility is a permitted use in the HC zone. - 2 - 9 2. The project is for a congregate care residential facility for elderly citizens. There is no similar facility of this type in Ashland, and the community is lacking .in this type of housing. The lack of this type of housing opportunity is contrary to the housing goal of the Comp Plan. Currently, Ashland residents must leave the community to seek this type of residential facility. This facility will provide needed housing, and offer the opportunity for residents of Ashland to remain in the community .during their later years. The Planning Commission finds that it is necessary and appropriate, and to the advantage of the community, to provide this type of housing facility so that the elderly residents of Ashland can remain in the community. Provision of this type of housing is consistent with the housing goal of the Comp Plan. 3 . The project will in-fill vacant urban land at a site that is physically and locationally appropriate for this use. The physical characteristics of the site, including the slope, the existing vegetation, the bordering railroad right of way; and the water course, contribute to the site's aesthetics and the ability to design the project in a manner that is compatible with the surroundings. In-fill of vacant urban land contributes to the maintenance of a compact urban area, and makes efficient use of public facilities, including public transit. The site is located in convenient proximity to the hospital, an important consideration for elderly housing. It is also in close proximity to downtown. " The City's Inventory of Vacant Residential Lands shows there are no other parcels of similar characteristics located within the City Limits. Currently, the largest vacant property that is zoned for this type of use is 1.9 acres, only half the size of the subject site. Based on these factors, . the Planning Commission finds that the site and the 3 S location are appropriate for the proposed use and the type and scale of development that is proposed. 4. The project will provide direct financial benefit to the Ashland Community Hospital. The hospital is an essential community facility. Maintenance of a viable, functioning hospital benefits all of the citizens in the community. The Planning Commission believes this project will contribute to the long-term financial stability of the hospital, which will be to the benefit of the current and future residents of the community. 5. Traffic movement at the intersection of North Main and Maple is a concern at present due to congestion caused by left turn movements from northbound North Main onto Maple. Concern was expressed over the effect of the proposed dvelopment on .this situation, since the site driveway will access North Main opposite the Maple Street intersection. According to the applicant's traffic generation data, the project is estimated to generate 247 trips per day. This is below the volume necessary to require a traffic signal. Traffic volumes from this development are expected to be low because the management company's experience shows that many of the elderly residents give up their private autos and no longer drive, the development provides a van service to transport the residents, and public transit will be available at the transit stop to be provided at the property's North Main frontage. The applicant will participate in improvements to North Main, which will include a northbound left turn lane for traffic entering Maple Street and a southbound left turn lane for traffic entering the development. The new left turn lanes will leave the regular travel lanes open for through traffic to - 4 - 9 proceed without delay, which will result in an overall improvement in conditions. ODOT has commented that a traffic signal is not warranted at this time, and will not be needed as a result of the traffic generated by the proposed development. A traffic signal cannot be installed at this intersection without agreement from ODOT. Based on the low traffic volumes to be generated by the proposed development, the alternatives to the private auto that will be available, the street improvements to be made at the North Main and Maple intersection, and the ODOT comments, the Planning Commission finds that with the recommended measures the development will not create an adverse impact on the street system. 6. The site is 'proposed for removal from the DSR zone. The DSR zone imposes a limit on building square footage which will be exceeded by this development. However, the DSR zone was formulated to apply to industrial and commercial development. The type of project proposed in this application was not anticipated during the formulation or adoption of the DSR standards. Use of the DSR standards to limit the size of commercial and industrial development remains appropriate and necessary. The Planning Commission finds that the type of development proposed in this case is neither commercial or industrial, and was not intended to be regulated by the provisions of the DSR zone. _ The proposal conforms to the DSR standards in all ways except the square footage limitation. The layout and design of the project is appropriate for this site, and for the location. For these reasons, the Planning Commission finds that removal of thib site from the DSR zone for this project is appropriate. - 5 - I , 7. The applicant has submitted facts and evidence that address all criteria and standards applicable to the request, has provided testimony at the public hearings, and has justified the proposal. This information has been considered along with all of the testimony in favor and opposed to the application. The applicant has addressed the criteria for a zone change/comp plan map amendment, the applicable goals and policies of the Ashland Comprehensive Plan, and the applicable Statewide Planning Goals and Guidelines. This information is presented in the . "Applicant's Statement" .report, which is included in the record of this case and made a part of these findings by reference. Based on consideration of all of the facts and evidence in the record, the Planning Commission finds that the applicant has met the burden of proof for the Comp Plan Map Amendment/Zone Change, and modification of the DSR boundary, and the proposal is justified. The Planning Commission recommends approval of the application. B. With regard to the Site Review: 1. The layout and design of the project has been adapted to the site. The project includes extensive landscaping, screening, and internal walkways that connect to the public sidewalk to be constructed along North Main. The buildings include features to break up the vertical and horizontal mass including variations in heights, materials, colors and textures, and structural features such as gables and dormers. These features give the project a residential character that fits in'with the other residential styles in the area, which include single family and multi-family dwellings. 2. The building layout on the site includes a large setback from the residential area to the east. The setback is larger - 6 - than required and helps to diminish the visual effect of the buildings. The buildings are about 330' from the closest residence to the east, which is sufficient distance to minimize potential adverse impacts. 3 . The three main buildings have been reduced below 45,000 s.f. each. They are joined by an enclosed walkway to provide the elderly residents with safe and secure passage between buildings. This is necessary to allow access to the dining hall and other common facilities from the individual living units. There is no other connection between the individual buildings. The Planning Commission finds that connecting the buildings for this purpose does not conflict with the intent to .limit buildings to a maximum of 45,000 s. f. 4. The design and layout of the project provides an appropriate streetscape along North Main with regard to building locations, height, mass, and landscaping. The Historic Commission was supportive of the proposal and in general was favorable towards the design. . 5. The applicant has demonstrated compliance with the Detail Site Review Zone Standards by presenting site plans, testimony at the hearings, and a document submitted at the June 14 hearing entitled "Ashland Retirement Residence- Relationship to the Detailed Site Review Zone Standards". This document is a part of the record in this case and made a part of these findings by reference. 6. Based upon these considerations and features, the Planning Commission finds that the scale, design, mass and bulk of the development is appropriate for the site and the location, and the project will not have an adverse impact on 7 12 surrounding development. On this basis, the requested Site Review is approved. SECTION 3. DECISION 3 .1 Based on the record of the Public Hearng on this matter, and on consideration of all of the facts and evidence presented, the Planning Commission concludes that the proposal represents a needed type of housing in Ashland; that the 45,000 s.f limitation of the DSR zone was not intended to apply to this type of development and 'the development complies with the intent of the square footage standard; that the project will benefit the elderly population of the community, and the hospital, and therefore is in the best interests of the community in general; and that the location of the property is appropriate for this type of use considering the proximity to the hospital and downtown, access to a major street, and the character of the surrounding neighborhood. For these reasons, the Plan map change and rezoning the property from E-1 to HC to provide for this facility, and removal from the DSR zone, is appropriate and justified. Further, the applicant has demonstrated compliance with the intent and purpose of the DSR zone and the project conforms to the site review standards. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, ' we approve the Site Review, and recommend approval of the Plan Map Change/Zone Change and DSR boundary modification to the City Council. Further, if any one of the or more of the conditions are found to be invalid, for any reason whatsoever, then Planning Action # 94-081 is denied. The - 8 - 13 following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a bus stop/shelter, designed to the standards of the City of Ashland, be installed along the project's street frontage. The final location and design shelter to be approved by the Staff Advisor prior to the issuance of a building permit. Installation of such improvements within State Highway right-of-way to be done under permit from the Oregon State Highway Division. 3) That a public sidewalk be installed along the entire North Main Street frontage of the property prior to issuance of a certificate of occupancy for the new building. 4) That all requirements of the Ashland Fire Department (included in the memorandum dated February 24, 1994), including but not limited to hydrant installation, interior sprinkler system and ladder installation for roof access, be met prior to the issuance of a certificate of occupancy. 5) That a drainage plan be for the parking areas be submitted at the time of a building permit for review and approval by the Ashland Building Division. 6) That all proposed landscaping be installed as per the approved plan prior to the issuance of a certificate of occupancy. 7) That the design plans for the relocation of the existing drainage way be reviewed and approved by the Ashland Engineering Division. On-site storm drainage facilities to an engineered retention system to regulate flow into the channel, if deemed necessary by the Ashland Engineering Division. 8) That additional right-of-way be dedicated along North Main Street to accommodate future road improvements (i.e. turn lanes). 9) That all public utility easements be provided as required by City Departments. 10) That load and voltage needs of the project be provided to the Electric Department prior to the issuance of a Building Permit. Customer to do all excavating, backfilling and compaction. 11) That an opportunity to recycle site be located on the site in conformance with the standards adopted under AMC 9.22.030 prior to issuing a certificate of occupancy. Location and facilities to be reviewed and approved by Ashland Sanitary. ' 12) That the management company of the facility agree to participate in a local improvement district for the installation of a traffic signal at the intersection of Maple and North Main Streets. 13) That all building height calculations be shown at the time of a building permit. 14) That authorization for modifications to the existing wetland on the property be approved by the Oregon Division of State Lands prior to the issuance of a building permit. 15) That all on-site catch basins incorporate oil separators. Catch basin design to be included at the time of a building permit.] 16) That the site plan be revised to show the pathway surrounding the project to be widened and improved for emergency vehicle use (one ton pick-up bearing). Access to the path to be provided from the driveway. V 17) That the ingress/egress driveway for the project be a minimum width of 24 feet. 18) That a provision be made to allow for a pedestrian easement to connect with the parcel to the east. 19) That all irrigation rights be protected and preserved and that all modifications to the existing irrigation ditch be approved by the State Watermaster in conjunction with the Ashland Engineering Division prior to l issuance of a building permit. . 20) That all proposed outdoor lighting be shown on the building plans and comply with the City's Light and Glare Performance Standard outlined in 18.72.140 which prohibits the direct illumination of any residential property. 21) That covered bicycle parking be shown on the site plan at the time of a building permit and that it be installed in accordance with the specifications and design standards outlined in section 18.92.040 of the Land Use Ordinance. 22) That a public sidewalk be installed along the entire North Main frontage of the property and extend up to Glenn Street. Such improvements be installed prior to the issuance of a certificate of occupancy. Planning Commissi Approval Date r f CITY OF ASHLAND CITY HALL , �• ASHLAND,OREGON 97520 telephone(code 503)492-3211 June 23, 1994 Mr. Cliff Curry Curry/Brandaw Architects 471 High Street Southeast Salem, OR 97301 FAX: (503) 399-0565 Cliff. Since the Planning Commission approved your request for a Site Review, and recommended approval to the City Council on the zone change requests, it is now time to prepare findings documenting the decision for adoption by the Planning Commission, and prepare draft findings of the zone change requests. The City will not be preparing findings for this action, in that it is likely to be appealed, and the burden of proof lies with the applicant. Should an appeal to LUBA be filed, you will be responsible for representing your interests in this application. It has been our experience that since you will ultimately be representing your interests on appeal, it is best that you be wholly responsible for the preparation of findings. Therefore, I would recommend that you either have your attorney or land use consultant prepare the necessary findings for this decision, and have them delivered to our office by July 7, 1994 for adoption by the Planning Commission on July 12. That will then allow an opportunity to schedule the remaining zone change hearing before the City Council on August 2, 1994. Bill Molnar and myself will be glad to review any draft findings, and encourage the early preparation of the findings for our review and comment. If you have any questions regarding this issue, please contact me. Sincerel ohn McLaugh ' Planning Director City of Ashland (503) 488-5305 FAX: 488-5311 c: Pat Flannery, Ashland Hospital Foundation Paul Nolte, Ashland City Attorney Brian Almquist, Ashland City Administrator 16 ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM June.14, 1994 PLANNING ACTION: 94-081 APPLICANT: Cliff Curry LOCATION: East side of North Main Street, opposite the Maple Street intersection. ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment I. Additional Information Staff met with David Boyd, Asst. District Manager, of Oregon Department.of Transportation to inquire about the feasibility of installing a traffic signal at Maple and North Main, with the cost of the improvements financed through local sources (i.e. Applicant, City, Foundation). Mr. Boyd informed Staff that as long as North Main was a State Highway, the determination of whether or not a signal is warranted is based strictly upon the methodology found in the Uniform Traffic Control Manual, and how the signal fits into the overall transportation system for this segment of the State Highway. While ODOT is planning to update the traffic analysis of the intersection that was performed over a year ago, Mr. Boyd seemed certain that the new analysis would again demonstrate that the intersection would not operate beyond a Level of Service 'B", even after the construction of the congregate care facility. Consequently, the intersection would not meet the warrants and ODOT could not approve its installation, even if local sources were relied upon to finance.the installation. The bigger picture focuses on if this is the most appropriate location along North Main Street for a new signal. The issue would take much further study and require Staff to look at the area's overall transportation network, existing and projected land uses and traffic generation, anticipated residential densities, etc. Such a study may conclude that it may be more appropriate to locate a signal at the intersection of Wimer/Hersey/North Main. Hersey Street is a designated arterial that can be used to bypass the downtown. Possible and plahned increases in residential densities in the area around North Mountain Avenue and between East Main, Fordyce and Mountain Avenue would place more demand on-Hersey Street in the future. I� ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 14, 1994 CALL TO ORDER . The meeting was called to order at 7:10 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Bingham, Cloer, Giordano, Carr, Armitage, Powell, and Hibbert. Staff present were McLaughlin, Molnar, Knox and Yates. APPROVAL OF MINUTES AND FINDINGS Carr moved to approve the Minutes and Findings of the May 10, 1994 meeting. Powell seconded the motion and it carried unanimously. PUBLIC FORUM No one came forth to speak. HEARINGS BOARD BUSINESS PLANNING ACTION 94-087 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS FOR THE PROPERTY LOCATED AT 25 WESTWOOD STREET APPLICANT: ANNA HASSELL McLaughlin explained that this application is in accord with the Strawberry Neighborhood Plan. The property owner is on board with the neighborhood planning process. This action was approved. TYPE III PLANNING ACTION PLANNING ACTION 94-081 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 114-UNIT RETIREMENT FACILITY LOCATED ON THE EAST SIDE OF NORTH MAIN STREET, OPPOSITE THE MAPLE STREET INTERSECTION. ALSO REQUEST FOR A ZONE CHANGE FROM EMPLOYMENT (E-1) TO HEALTH CARE (HC) AND MODIFICATION OF DETAIL SITE REVIEW ZONE BOUNDARY. APPLICANT: CLIFF CURRY (continuation of hearing from May 10, 1994) The hearing will be re-opened in its entirety and all testimony will be heard. IS Site Visits and Ex Parte Contacts Bingham, Carr, Giordano, Armitage, and Hibbert had additional site visits. Cloer had a site visit and looked at a possible pathway from Otis to Randy Street. In addition, Cloer explained that over the past several years he has been concerned about the need for a retirement center in Ashland. He looked at this site with the SOSC Emeritus Faculty because they have been interested in promoting a facility of this type. Cloer said he was more.interested in the proposal located on Helman that came to the Planning Commission because it was closer to the downtown. However, he believes he can give an unbiased opinion of this action. Powell attempted another site visit but the blackberries and grasses.were so tall, she could not see from the rear of the property as she had hoped. Jarvis went to the house at 349 Orange Street to look at the site. Also, she has read every article in the Tribune and Daily Tidings and all extra papers that have been circulated with regard to this action. STAFF REPORT McLaughlin explained that the applicant has made some modifications to the site plan by moving the buildings closer to North Main Street thus providing a better streetscape and giving a feeling of enclosure along North Main Street which Staff feels is more appropriate. The rear portion of the building will be over 100 feet away from the rear property line. This will provide a better area for landscaping where a water feature will be incorporated. The layout of the buildings has changed somewhat also. The building mass has been split more evenly into three buildings with the square footages on each building falling below 45,000 square feet. The massing and height will remain essentially the same. McLaughlin said he met with David Boyd of ODOT and Bill Molnar and Cliff Curry to discuss the traffic light at Maple Street and North Main. According to Boyd, if the City chooses to put in a light and has the funding and State was not involved in the monetary end, unless the State agreed and saw a need for it, they would not agree. By their standards and measurements, this intersection is no where near the requirements for a light at this time. The applicant can be required to sign in favor of future improvements for a light, but without the State's concurrence requiring the developer to install a light, it would be futile at this point. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JUNE 14,1994 i9 McLaughlin addressed the process the Commission is going through for this application. A number of requests are involved in this one application and because it affects the overall community, it is necessary to look at all the information possible to make a decision. Some citizens have felt this process has flagrantly circumvented the Detailed Site Review Zone. All the information is before the Commission and the applicant has even attempted to meet the Detailed Site Review Zone ordinance. The only item not met is the distance between buildings. The ordinance is not perfect and ordinances evolve out of public input. It is Staff's opinion that the application has met the intent of the ordinance. Staff also considers the walkways as part of the structures. Cloer thought it was time to take a look at the traffic speed in the area of the site, especially with more right turns that require almost stopping. The widths of the driveways at the doctor's offices on North Main are very narrow. McLaughlin said the State sets the speed and it has been lowered to 30 mph. He added that as part of the access permit, the design of the entrance can vary in terms of a turning radius. McLaughlin said the road will be widened with bike lanes on both sides. PUBLIC HEARING CLIFF CURRY, 471 High Street SE, Salem, OR, said the changes have been made to reflect the input from the last meeting and to improve the plan and make it more acceptable to the community. . By moving the buildings closer to North Main, the large flat area in the rear will have natural landscaping with a water feature and the blackberries will be retained. The buildings are about 330 feet to the closest residence. A memo from Curry regarding the Detailed Site Review Zone to the Planning Commission dated June 14, 1994 was entered into the record. Curry also submitted a letter from ODOT to Jerry Sivin. Curry did not feel a stop light would be needed and does not believe this project will be contributing any traffic problems. They will.not be using the roads during peak traffic times. Also added to the record by Curry, were building height calculations. Bingham asked if there were going to be residents who would want to walk to the hospital but Curry responded that the average age of the residents would be about 83 years and they would not be wanting to walk. The facility provides a van for trips away from the facility and even though walking around the site will be a major activity, the residents will rarely walk off-site. Curry mentioned the facility would have one elevator. ASHLAND PLANNING COMMISSION S -REGULAR MEETING MINUTES - - JUNE 14,1994 Armitage asked Curry why he didn't think he had to comply with the Detailed Site Review Zone at one time. Curry responded that when he first read the ordinance, he thought it was speaking to a commercial use and he views this project as residential. After consultation with the Staff and City Attorney, he felt it was best to deal with the issue directly. Cloer read the letter from Brent Thompson into the record regarding an alternate pedestrian walk. Curry is willing to work out a pedestrian way. Powell noticed a road stub coming off the turnaround and heading toward Glenn Street. Curry explained this was a service access. Powell's main concern was that there is no traffic circulation in the project. There would be no way in or out in an emergency. Curry considered this when they added the service stub, but rejected it because a dip in the road would be necessary and a bridge. This would create two retaining walls and elevator access would be lost. Powell envisions lots of truck delivery traffic coming into the development. Curry said most of the service will be in the stub. Carr noted that since the elevator would be used for deliveries, it would be larger than a passenger elevator and more the size of a service elevator. With regard to health care, Curry said there would be a central place where groups could do wellness programs and spaces will be available for home health providers. They will not be providing medical care and they do not provide medical insurance. Giordano questioned the internal circulation of the facility. Curry described that residents, food service, maintenance, etc. all go through the same main door. The bottom floor of the facility will not have much residential space. This is typical of other facilities they own. Giordano mentioned the issue of mass, bulk and scale and asked Curry why he had not provided a model to show relative scale. Giordano felt a model would help sell the facility to the community where there is a strong concern with mass, bulk and scale of the facility. Curry said they would have needed to hire a professional model maker and that would have taken time and money. Armitage wondered how the number of cars would be limited. Curry said they do everything they can to make it as convenient as possible for the residents not to drive. Carr asked the percentage of slope from North Main to the facility and Curry replied ft was about 12 percent. Curry said there would be a platform of sufficient depth that a ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES _ JUNE 14,1994 ZI car would not roll back. MICHAEL DONOVAN, stated that several letters were delivered which he asked to be read into the record. The letters were from Judy Uhberleau, Allen Drescher, and Bob Edwards. Donovan submitted a letter from Darrell Boldt for the record. Donovan said he did not believe the intent of the Detailed Site Review Zone would include a retirement home. If it had been the intent, it would have been brought up at the time and it was not. Traffic is a legitimate concern. The Planning Commission has to look at how the area is going to look in the future. There will be two left lane turns in the future. Donovan also said the $4.5 million financial impact is a lot of money to a small community hospital. Carr asked about the lease with Holiday Retirement and Donovan said the lease payment to the Foundation is based on an assessment of the property value. This valuation should go up and $4.5 million is conservative. Jarvis denied Donovan's request to read the letters into the record. The letters will be entered into the permanent record. Letters already entered in the record are from: Trudie Revoir Ted Kovtunovich Robert and Charleen Edwards J. Ellen Austin Mr. Tracy Brent Thompson. Harry and Luanne Cook Lorraine Cuffel Judith Uherbelau John Fischer Smith Testimony request forms were submitted but those not wishing to speak were: Trudie Revoir R. C. Cuffel Lorraine Cuffel Dennis Slattery Kenneth Ehlers Paula Brown Chuck Butler Richard Nichols Frank Billovits ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES -- JUNE 14,1994 2Z Betty Kester Jerry Sivin Sandra Slattery Robin Osborne Helen Jensen JED MEESE, 88 Granite Street, said that employment at this facility will provide employment for graduates of Ashland's nursing school, physiotherapists, counselors, and others that will earn a decent living. Each dollar generated from the Foundation will be used to buy equipment and this will bring in revenue and will save lives. The proposed facility will provide excellent care for senior citizens and will assure long-term stability of Ashland Community Hospital. Carr thought there would be a greater number of support people than health care professionals at this facility. WESLEY HOXIE, 821 Hillview Drive,,said he could be looking at moving into a facility such as the proposal in the future and he is supportive. He believes public transportation is important. JIM WATSON, 515 Guthrie, said he would support the zone change. There is need for a facility that is reasonably priced. He asked the Commission to imagine what the intersection (No. Main and Maple) will look like going north and south in the future. Holiday would be a real force in the community to make a traffic light happen. Watson said there are people on the Foundation Board who have contacted Senator Hannon and Representative Peterson in an attempt to see who can make a decision and whose attention you have.to get regarding a traffic light. The $4.5 million would be very meaningful to the hospital. STEPHEN LUNT, 145 Manzanita, reminded the Commission the hospital is City owned. The hospital is here for a good purpose and he totally favors the project. STEPHEN JENSEN, 355 Otis Street, expressed several concerns and submitted his remarks for the record. His concerns included water rights and maintenance of irrigation ditch, building bulk and height, and traffic. His comments were entered into the record. MIKE GARDINER, 349.Orange, stated he is not looking at the intent of the restrictions of the 45,000 square foot size building. It is going to be larger than intended. ASHLAND PLANNING COMMISSION _ 6 REGULAR MEETING MINUTES JUNE 14,1994 73 MARY GARDINER, 349 Orange Avenue, said she is not opposed to a retirement facility. but it is still 90,000 square foot and four stories in the rear. One elevator does not seem like it would be enough. Gardiner is also interested in an emergency access from Glenn Street to the project and she would like it evaluated now,. not later. JOE ECKHARDT, 108 Bush Street, a retired psychiatrist, remarked that he is concerned with the care of geriatric citizens. He would object to the Planning Commission allowing variances to the size of buildings and square footages. He objects to lifting the Detailed Site Review Zone. Of course a facility is needed, but he feels seniors would be at a considerable risk in escaping a fire or earthquake. The presence of only one entrance to the facility is disturbing. If safety issues are not met, they could be open to lawsuits. He wondered, too, how seniors can be restricted from crossing North Main Street. Older people are not always going to be making good judgments. If the Commission recommends favorably on these changes in the- Detailed Site Review, it would be a violation of some City codes and ordinances. JOHN FIELDS, 845 Oak Street, asserted he is not in opposition to the project, but he would like to evaluate what is a commercial zone. He is concerned with the size of the buildings and said that at sidewalk level, the depth and mass of the buildings will be seen. The Commission will be setting a precedent by what is meant by the Detailed Site Review Zone. The developer would be a fool not to maximize density. The community asks how does it fit, how does it feel, and with some lots left to infill, is an exception being created to maximize this lot? Will the next person be restricted? The Commission needs to look at the biggest gain to the community if this facility is permitted. Fields would like to see more distance between the buildings so you can. see through the buildings. JACK BLACKBURN, 805 Oak Street, is not opposed to the project, but he agreed that Commissioner Powell raised a legitimate argument about only one entrance. Also, he is concerned that one elevator will have traffic jams. He does not want the Site Review rules violated. Staff Response McLaughlin mentioned that bus pockets were considered but with the widening of North Main for the turn lanes and extension of the right-of-way, there would be a drop- off requiring.a great deal of fill and retaining walls. With the left-hand turn lane, a bus can stop in the right hand lane. McLaughlin referred to the single access and explained that the limitations.for a single access are similar to that of a dead end street. Traffic generation is approximately 250 ASHLAND PLANNING coMMissibN .7 REGULAR MEETING MINUTES _ JUNE 14,1994 24- vehicle trips per day. The retirement facility will generate approximately 240-247 vehicle trips per day. As a member of the Site Design Committee, Giordano would have been one member that meant that not just commercial buildings be restricted to 45,000 square feet but all buildings. The space between buildings was to mimic a street corridor between blocks of buildings. However, he also believes ordinances are good, but some discretion is needed. He is disappointed there is no model and he does not have enough information to make a decision. CURRY, in rebuttal, said the building is not monolithic. The building has lots of built-in safety features. It is fully sprinkled and the walls are fire walls. Even though there is a main entrance, there are probably 15 exterior doors for common use. Most units have patios and all units on the ground floor have access to the outside. He did not know how wide the entry to North Main would be, but they will work with ODOT and will make it as wide as possible. There is handicap accessibility within the building and to the street. He has been sensitive to the Site Design Guidelines. Powell asked how the 14 foot emergency access, worked out with Brent Thompson, could be created after the building breezeway is built. Curry is totally confident it will not be needed, however, it could be worked out along the back.of the project. Curry said the walkway could be paved to the width of a road, but again, does not feel it will be necessary. Curry said there is one exit that meets the City standards. COMMISSIONERS DISCUSSION AND MOTION Zone Change (E-1 to HC) and removal of Detailed Site Review Zone McLaughlin asked if the Detailed'Site Review Zone would apply to non-commercial zones. There can be some flexibility with breezeways. Do they constitute a common wall? Cloer was uncomfortable in thinking that the issue of size, scale and design are enough to sink the project. He does not want the 45,000 square foot limitation to get in the way of approving the application. Jarvis addressed Debbie Miller's comments about the HC zone and are people living there in need of health care. Jarvis said that everyone in the health care zone are not "sick". It is just presumed if you enter a facility as proposed, a person would presumably have a health problem. Jarvis feels this facility would fit in a Health Care Zone. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES _ JUNE 16,1994 Curry• Brandaw Architects DATE: June 14, 1994 TO: Ashland Planning Commission FROM: Clifford Curry RE: Ashland Retirement Residence - Relationship to the Detailed Site Review Zone Standards The site is proposed to be removed from the detail site review (DSR) zone boundary. One of the review requirements is to limit a building to 45,000 s.f. It is not our intent to avoid a detail site review, but to make an efficient retirement residence possible. We have met and /or exceeded the other DSR standards. The square footage limitation of the DSR zone was conceived and enacted primarily to prevent the adverse impacts associated with excessively large retail commercial and industrial "box' buildings. These buildings are typically absent of architectural character or distinguishing features, and are not designed with regard for nearby structures or land use patterns. The proposed development is nothing like that. It is a specialized type of residential care facility. It cannot be measured by a number derived for another purpose. The total project is planned to exceed 45,000 s.f., but the total building square footage is divided among multiple structures. Each individual structure is less than 45,000 s.f. The structures are architecturally designed, and screened. The site layout and design has a goal of making the structures fit into the terrain, and compatible with adjacent uses. The Comp Plan encourages the efficient use of land for innovative residential development. In this case, the gross square footage limitation of the DSR zone would prevent the efficient use of the property. A congregate housing building has to have one connected space because a persons private living suite is not complete. The resident needs to go to the common dining room three times per day. The elderly resident can not be required to go outside in bad weather and still have the use function properly. The need for the proposed housing, and the ability to provide for it at this location, justifies removing the site from the DSR zone. The proposed development is not a commercial or industrial use, and has been designed with regard to the physical characteristics of the site, and the surrounding land uses. - Z6 I 477 High Street Southeast Salem, Oregon 97301 (503) 399- 1090 Fax (503) 349-0565 (11-C-1 a) Basic Site Review Standards Orientation and Scale The retirement residences has been divided into three buildings and a series of small buildings. The central building houses the central dining and common areas of the residence and some suites. No resident has an excessively long walk to the dining three times per day. North Main Street is addressed with a one "gate house" cottage and one of the suite buildings. The building has a covered entry for pedestrians with a handicap sidewalk leading up to North Main Street The two buildings are separated by the site's vehicular entrance. Street trees @ 30'-0" o.c. a public sidewalk and bus stop are planned along North Main Street. (11-C-1 b) Street Scape As mentioned above, street trees are planned for every 30' of N. Main Street frontage. (11-C-1 c) Landscaping 1. Landscaping has been designed so that 50% coverage will occur after one year and 90% will occur after 5 years. 2. The landscape design has taken great care to provide an abundance of drought tolerant native vegetation in the trees, shrubs and flowering plants selections. 3. The portions of the residences adjacent to N. Main Street are designed to have landscape areas well over 10' in width. Outdoor storage areas are not anticipated. 4. Irrigation systems are planned to maintain the designed landscape . 5. There are few healthy shrubs and trees on the site to save. The black berries along the railroad tracks provide a'natural buffer to abutting residential areas. They will be maintained. (11-C-1 d) Parking 1. Parking has been screened from North Main Street and is located behind of beside buildings in pockets so as not to be obtrusive. 2. Landscape screening of parking to surrounding neighbors and to North Main Street has been designed. Shade trees have also incorporated in the design to keep temperatures lower and visual impact minimal. �� 2 (11-C-1e) Creek Protection This section is not applicable, however an irrigation ditch running through the property will be relocated and become an amenity to the overall site plan. (11-C-1f) Noise and Glare This section in not applicable. (11-C-1 g) Expansion of Existing Site This section is not applicable. DETAIL SITE REVIEW STANDARDS (11-C-2a) Orientation & Scale 1. The Retirement Residence's floor area ratio is in compliance. 2. The building frontage is designed to have offsets, gables and varying roof heights to create an interesting exterior elevation. 3. The facade of the residence building is just over 30'=0" from North Main Street. It is designed to have covered porches, patios, windows, doors and a public entrance. 4. The public entrance is the closest mass to North Main Street. It is delineated with a one story roof and the lighting will be designed to further define this pedestrian entrance. 5. This portion does not apply specifically to this project, however, in the fabric on North main Street this particular project does appropriately infill into a mixed use neighborhood. 6. The retirement residence design incorporates a covered pedestrian entrance, a covered vehicular drop off area and covered public porches. Private suites have their own patios and balconies. (11-C-2b) 1. Several landscape areas are provided throughout the design of the site. In addition to the covered areas mentioned above there are paved pedestrian walks planned throughout the site. 2. While the building is currently positioned to sit a little over 30'-0"from the public sidewalk to accommodate the minimum 20'-0" set back of the requested zone change, the residence could move closer to North Main Street to be 20'-0" and continue to meet the DSR requirement. 3 2-b (11-C-2c) 1. The design has several pedestrian raised walkways circulating in and around the parking areas. 2. The site has been designed in such away as to separate parking areas by landscaped areas, walkways, and buildings. 3. Pedestrian circulation paths are designed to meander in and around the building. They hook up various areas of the community and provide code approved means of access and egress to each building within the residence. The lighting design is such that residents and staff can use and feel comfortable using the path at night. (11-C-2d) Buffering and Screening 1. Extensive landscape buffering of plant material has been incorporated in the design. The blackberry bushes along the railroad tracks will be saved and maintained as a natural buffer. Further buffering enhancement of that area is also planned. Buffering at the existing apartments is also planned, as well as the parking areas. Fencing is something to be avoided as it serves to "Disconnect" elderly residents form the outside community. 2. Parking areas are designed to be buffered with plantings to the adjacent neighbors although they are not residentially zoned. (11-C-2e) Lighting Lighting fixtures along pedestrian pathways will be two foot tall bollards. Parking lot lighting will be on ten foot tAll poles. The bulbs will be in a rectangular box that allows the light direction to be controlled. Light will not shine into the Retirement Residence or neighbors yards. (11-C-2f) Building Materials 1. Relief in the buildings exterior walls will be achieved with Fenestration, Fenestration Trim, and changes in siding (stucco & wood combination) 2. Bright and neon colors will not be incorporated into the design. While fenestration is an important element glass is not a majority of the buildings skin. (11-C-3) Additional Standards for Large Scale Projects. (11-C-'3a) Orientation and Scale 1. Each building over one story has a series of elements that serve to bring the buildings into human scale. The facades are designed with offsets and a Z5 recesses. Roof heights taper down at the ends to provide one story beginnings and ending dormers are incorporated to reduce building heights and provide a varied roof line. One and two story porches further reduce mass. Facades have lots of windows to provide a welcoming and a change of material. Trees along the building provide framing further reduce horizontal mass. Residential style lights assist in scale reduction as well. 2. Each building within the retirement residence has been design to be under 45,000 s.f. The three main buildings have been connected with 8'-0" wide weather proof circulation corridors to allow elderly tenants to get their meals and use.the public facilities without being exposed to the.elements. These corridors will be a separate element that will appear more like a breezeway then a large building. 3. In the interest of keeping trips to the dining room a manageable distance we have not separated the buildings by more than 24'-0". 4. All on-site circulation systems are design to incorporate curbs, sidewalks, pedestrian scale light standards and street trees as described above. (11-C-3b) Public Spaces One s.f. of plaza/public space for 10 s.f. of gross floor area is requested. This requirement has been established for a commercial type use. .It does not directly translate to the private residential congregate living of this project. Exterior public areas are private throughout the site. The North Main Street public area is along the front of the residence. It is a combination of turf walking paths and landscaping. The second public space is at the rear corner of the residence. It is a combination of turf, landscaping covered and open hardscape and a water fixture. Each public space incorporates at least four of the six items listed. Spaces have sitting space consisting of wooden bgnches. Both spaces have a mix of sun and shade both spaces are partially protected from wind by buildings and planting screens. Both spaces have trees, much more than one per 800 s.f. The rear space also has a water feature consisting of an organic shaped pond incorporating the water from the existing irrigation ditch. The third public space is at the entry. There is a covered place where people can greet guest and be seated while waiting. The walkway connects these common areas. Each unit also has outdoor space for their use. (11-C-3c) Transit Amenities A bus shelter is planned on North Main Street and will be built to city standards. (11-C-3d) Recycling Recycling areas are planned off the service drive. c:or/ashland/dsr.doc 30 5 Curry • Brandaw Architects To: Bill Milnor Ashland Planning De From: Clifford Cur Date: June 8, 1994 Re: Ashland Retirement Residence The enclosed site plan has been prepared in response to the suggestions that have been made during the public hearing. All the buildings are now less than 45,000 square feet. The project now complies with the large scale development site review ordinance except for the enclosed connectors between the buildings. We need these connectors because climate control is necessary for our resident access to all their meals. We have moved the building further from the west property line. We now have approximately a 60 foot set back rather than 30. With the railroad ROW there is approximately 300 feet to the Gardener residence. The building is now closer to Main Street which, according to David Boyd at ODOT, will tend to slow traffic in this location. We are now able to get a 14 foot emergency access along the west side to Brent Thompson's property. With his cooperation there could be access to Glenn Street. We do not believe this access is necessary for our operation. If after some operational experience you feel it would be beneficial we would cooperate with you and Mr. Thompson for it's achievement. This letter will be followed at the hearing with more detailed written documentation on how the site review ordinance has been addressed. 3.1 471 High Street Southeast Salem,. Oregon 97301 (509) 399- 1090 Fax (503) 999-0566 F 16o e N P L I ___ __- 1 � I I ' •'kl P 1�1 I I i m g $V t 11 ° aC ILe � It i I 1 I Wi J sW ¢ I 1 I F \ � d \ s ; \ 1 4 8 1 - t t 11 I I . 1 4 � � Vol Py„{ •� WN 6 1 / d / l 1 s I , 5 � 1 1 1 r i 1 11 / \1 i 32. Notice is hereby given that a PUBLIC HEAF ^ ; on the following A copy of the application,all ments and evidence relied upon by the applicant request with respect to the ASHLAND LAND USE ORDINANCE ' and applicable criteria are avar--re for inspection at m cost and will be provided at will be held before the ASHLAND PLANNING COMMISSI reasonable cost, if requested. A copy of the Staff Report will be available for ON On inspection seven days prior to the hearing and will be provided at reasonable cost,If May 10, 1994 at 7:00 p.m. at the ASHLAND CIVIC CENTER, requested. All materials are available at the Ashland Planning Department,City Hell, 1175 East Main Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97620. The ordinance criteria applicable to this application are attached to this notice. During the Public Hearing,the Chair shall allow testimony from the applicant and Oregon law states that failure to raise an objection concerning this application• those in attendance concerning this request. The Chair shell have the right to limit either In person or by letter,or failure to provide sufficient spacirroity,to afford the the length of testimony and require that comments be restricted to the applicable decision maker an opportunity to respond to the issue, precludes your right of criteria. Unless there Is a continuance• If a participant w requests before the appeal to the Land Uoe Board of Appeals(LUBA)on that Issue. Failure to specify conclusion of the hearing•the record shag remain open for at least sewn days after which ordinance criterion the objection is based on also precludes your right of tha hearing. If you haw questions orcommen[s concerning this request,please foal appeal to LUBA on that criterion. free to contact Susan Yates at the Ashland Planning Department,City Hag,at 48a. 5305. NOTE: This Planning Action will also be heard by the Ashland Historic Commission on May 4, 1994 in the Ashland Community Center located at 59 Winburn.Way at 730 p.m. NOTE: This Planning Action will also be heard by the Ashland Tree Commission on May 5, 1994 in the Council Chambers located at 1175 East Main Street at 7:00 p.m. imin G41BRIaf; F cwva� 9L%r wwoy i r- �C Al! ..... r�Lat.M PL qM � Ao � 2 •I 5 ' � Ir 4p 2 i LOi<M! rIIM.UPIE Sr. 4Ss � - : O �� —_ Q r ---- - "gam - ---= ��-W.L PLAN VICgaTY MAP a� p Si�lti ARM Iff]R 1� �0 1 1V ll 1Rlln VIII�/ffj(,]CE .s.r see. PLANNING ACTION 94-081 is a request for a Site Review to construct a 114-unit retirement facility located on the east side of North Main Street, opposite the Maple Street intersection. Also request for a zone change from Employment (E-1) to Health Care (HC) and modification of Detail Site Review Zone boundary. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 5DA; Tax Lots: 3900, 4000, 4100, 4200, 4300; Map #5AD; Tax Lot: 1100. APPLICANT: CLIFF CURRY 3 3 ASHLAND PLANNING DEPARTMENT STAFF REPORT May 10, 1994 PLANNING ACTION: 94-081 APPLICANT: Cliff Curry LOCATION: East side of North Main Street, opposite the Maple Street intersection. ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: Type III Amendments 18.108.060 Site Review Chapter 18.72 HC Health Care Services 18.54 REQUEST: Site Review to construct a 114-unit "congregate care" facility. Also involves request for a Zone Change/Comprehensive Plan Map change from Employment (E-1) to Health Care Services (HC), and a modification of the Detail Site Review Zone boundary. I. Relevant Facts 1) Background - History of Application: There are no previous actions of record for this site. 2) Detailed Description of the Site and Proposal: This property is owned by the Ashland Hospital Foundation and is located on the east side (downhill side)) of N. Main Street, at the intersection of North Main and Maple Streets. The site is approximately 4 acres in size and is bounded on the east side by the railroad tracks. The property drops 30 feet in elevation from North Main to the tracks. The proposal involves the construction of a 114-unit "congregate care" retirement residence for seniors. A zone change/comprehensive plan amendment has been requested to rezone the property from E-1 (Employment) to HC (Health Care Services), in which "congregate care facilities" are a permitted use. Generally, congregate care facilities provide a residential environment which includes a variety of services, such as meals, housekeeping and cleaning, social activities and classes, and a van service that will be available for transportation to shopping, personal appointments, and recreation outings. The project consists of six 34 , structures, with a total of approximately 90,000 square feet of gross floor space, and provides two types of living arrangements - suites and garden apartments. The main structure comprises three buildings, connected by an enclosed breezeway. The three buildings will contain 109 suites, including studio, one and two bedroom apartments. These suites will provide private living quarters, but do not include separate kitchen facilities. As part of the rental agreement, meals will be prepared and served in a separate kitchen/dining area. Three separate, single story buildings will house five garden apartments, which are designed for residents who prefer a more independent living arrangement. One of the garden cottage buildings will be constructed along North.Main Street, with a 20' setback, while the other two similar buildings will be situated at the north end of the property by the railroad tracks. On-site access and circulation The entrance to the development will be located opposite Maple Street. The access drive will slope gradually toward the railroad tracks leading to a circular drop-off area at the main entrance. A turnaround for emergency vehicles will be provided at the end of the access drive. Pedestrian traffic will be accommodated through a series of walkways to be installed throughout the development, ultimately connected to a public sidewalk which will be constructed along the North Main street frontage. II. Project Impact Zone Change/Comprehensive Plan Map Amendment A zone change/comprehensive plan map amendment from E-1 (Employment) to HC (Health Care Services) is required in order to construct the project. As . discussed above, congregate care facilities are a permitted use in the HC Zone, subject to site review approval by the City. The applicant has submitted findings of fact addressing the applicable criteria for approval of a Zone Change/Comprehensive Plan Map amendment. The information received from the applicant describes the following conditions that exist which justify the request: A public need, supported by the Comprehensive Plan The Housing Goal found in the Plan states: PA94-081 Ashland Planning.Department — Staff Report Cliff Curry May 10, 1994 Page 2 3S ...... ._.. .... -....W.al..a[>.v...>.>...1.>.Aa[,v.X.M.a�vt>:>.>..w.,.tiw.�ni....t........e.J....V....e�ev..v..N.w.ws..:aJLJ LV�LV.:l\1'Jp.>.a.xK<w.v`—^vim.•vim a.. .. .. 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. A Housing Market Analysis has been submitted by the applicant, conducted by a firm specializing in research and analysis for congregate care. A summary of the major conclusionS from this study are presented in the application (pages 11-12). The study demonstrates there.exists a need for additional senior housing within the community which is not being met. In general, the information shows that.there is a study increase of the population in the ages groups of 65 and greater and 75 and greater. From 1980 - 1990, the age group (75 and >) most likely to seek congregate care facilities increased at a rate greater than the overall population growth rate of the area. The study points out that while this section of the population is on the rise, the majority of the choices for this type of senior living facility are located in Medford. The need to adjust to new conditions The applicant contends that the trend toward an increasing senior population represents a new condition within the community which necessitates additional housing services, while the market analysis indicates the demand appears to be unfilled. Approval of the zone change and construction of the facility would enable the City to successfully adjust to these new conditions by meeting the needs of the senior population. Circumstances relating to the general public welfare The proposal points out that the accommodation of the special needs of the senior population is an important part in ensuring the general welfare of the community. The applicant believes that the lack of housing within the community to meet the needs of the growing senior population, represents a compelling circumstance that requires a zone change and Comprehensive Plan amendment. Modification of Detail Site Review Zone (DSR) The application proposes that the entire property be removed from within the boundary of the City's Detail Site Review Zone. Buildings with a gross floor area in excess of 45,000 square feet are prohibited within the DSR zone. Because three PA94-081 Ashland Planning Department — Staff Report Cliff Curry May 10, 1994 Page 3 -36 of the buildings are attached using a multi-level connector (i.e. breezeway), serving as a hallway between buildings, it would be considered a single structure with a gross floor area in excess of 45,000 square feet. The applicant's have stated that the floor area limitation, imposed in the DSR zone, prevents efficient use of the property. The effective operation of the project requires that the suites be internally connected, in order to be accessible to the variety of services located within the buildings throughout the year. Site Review With the exception of the limitation on total gross floor area, the project adequately addresses the City's Site Design and Use Standards. The garden apartments will be housed in three "single story cottages". The three larger buildings will consist of a two-story, three-story, and three-story with a daylight basement structure, which faces the railroad tracks. The primary orientation of the buildings located along North Main Street is towards the street. This includes a one story cottage and a larger two-story building containing individual suites. On-site parking will be located behind buildings in the center and at the rear of the property to reduce its visibility from North Main Street. A turnaround for fire trucks will be situated at the north end of the site, at the end of the access driveway. The building materials proposed reflect those found on the mixture of land uses seen in the surrounding area. Synthetic stucco and horizontal hardboard clapboard. siding. Single hung, white vinyl windows with 4" wood trim will be used for glazing, while the roofing material will consist of asphalt shingles. A pedestrian path circulates through the complex and connects the entire project to a public sidewalk to be constructed along North Main Street. Also, a preliminary location along North Main Street for a transit stop has been shown on the site plan. The applicant has agreed to design and construct a transit shelter to comply with the specific shelter design standards of the City of Ashland. Public facilities City services are available to serve the project. City sewer, water and electric service are located in the adjacent right-of-way along North Main Street. Storm runoff would likely be directed into the existing drainage way which crosses the property. The irrigation channel is proposed to be PA94-081 Ashland Planning Department --Staff Report Cliff Curry May 10, 1994 Page 4 37 relocated, with a small water feature incorporated into the overall modification of its course. The Engineering Division has suggested the potential need for an on-site retention system from storm runoff that would regulate the flow into the channel during periods of increased precipitation. The findings submitted by the applicant estimate that a congregate care facility of this size will generate approximately 247 vehicle trips. This is based on figures derived from the ITE Trip Generation Manual. A van service is provided as part of the rental agreement to all residents with the complex. Further, the management company's experience has shown that the number of residents who continue to drive decreases during their first year of residency, and fewer than 25% of the residents keep their cars. The North Main and Maple Street intersection has always been point of much discussion and concern. A letter from Craig Black, Transportation Engineer for Oregon Department of Transportation, has been included with the application. The letter states that even with the construction of the retirement center, a traffic signal is not warranted. The Oregon Department of Transportation, however, is scheduled to carry out some improvements to the intersection in the next year or so. The current roadway will be widened to accommodate a left turn lane for the north bound traffic onto Maple Street. The Department of Transportation has suggested that a left turn lane into the project for southbound traffic along North Main may also be heeded. III. Procedural - Required Burden of Proof Type 111 amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. Further, the Criteria for Site Review approval are as follows: PA94-081 Ashland Planning Department -- Staff Report Cliff Curry May 10, 1994 Page 5 38 A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the*Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations The information provided by the applicant demonstrates that there is evidence of a unfilled demand for congregate living rental units in the area. While the demographics for the region point to the increasing need for this type.of housing, the majority of the facilities are located in.the City of Medford. Further, the City's Inventory of Vacant Residential Lands shows that there are no other parcels of similar characteristics located within the City Limits. Currently, the largest vacant piece of property zoned for multi-family use (R-2) is 1.9 acres in size, approximately half that of the subject property. Staff believes that the proposal is consistent with the Housing Goal of the City which is to provide housing opportunities for the total cross-section of Ashland's population. We recommend approval of the application with the attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a bus stop/shelter, designed to the standards of the City of Ashland, be installed along the project's street frontage. The final location and design shelter to be approved by the Staff Advisor prior to the issuance of a building permit. Installation of such improvements within State Highway right-of-way to be done under permit from the Oregon State Highway Division. 3) That a public sidewalk be installed along the entire North Main Street frontage of the property prior to issuance of a certificate of.occupancy for the new building. PA94-081 Ashland Planning Department -- Staff Report Cliff Curry May 10, 1994 Page 6 39 .,-uv�vcmioaunao�c.vw-.aa,00ccewooe:�aw.vv.a.:srr•• •••.�:.�aarxac:.-zuy.:�x:rxr:wa._,e.., .. ... . .... . 4) That all requirements of the Ashland Fire Department (included in the memorandum dated February 24, 1994), including but not limited to hydrant installation, interior sprinkler system and ladder installation for roof access, be met prior to the issuance of a certificate of occupancy. 5) That a drainage plan.be for the parking areas be submitted at the time of a building permit for review and approval by the Ashland Building Division. 6) That all proposed landscaping be installed as per the approved plan prior to the issuance of a certificate of occupancy. 7) That the design plans for the relocation of the existing drainage way be reviewed and approved by the Ashland Engineering Division. On-site storm drainage facilities to an engineered retention system to regulate flow into the channel, if deemed necessary by the Ashland Engineering Division. 8) That additional right-of-way be dedicated along North Main Street to accommodate future road improvements (i.e. turn lanes). 9) That all public utility easements be provided as required by City Departments. 10) That load and voltage needs of the project be provided to the Electric Department prior to the issuance of a Building Permit. Customer to do all excavating, backfilling and compaction. 11) That an opportunity to recycle site be located on the site in conformance with the standards adopted under AMC 9.22.030 prior to issuing a certificate of occupancy. Location and facilities to be reviewed and approved by Ashland Sanitary. 12) That the management company of the facility agree to participate in a local improvement district for the installation of a traffic signal at the intersection of Maple and North Main Streets. 13) That all building height calculations be shown at the time of a building permit. 14) That authorization for modifications to the existing wetland on the property be approved by the Oregon Division of State Lands prior to the issuance of a building permit. 15) That all on-site catch basins incorporate oil separators. Catch basin design to PA94-081 Ashland Planning Department — Staff Report Cliff Curry May 10, 1994 Page 7 4a be included at the time of a building permit. ' r PA94-081 Ashland Planning Department — Staff Report Cliff Curry May 10, 1994 ,4- Page 8 ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant C k ( f C&,rI,, Date Address (ux Lot //ce; fc Commercial Residential Proposed Action: c. s.7/F Recommendation: [ /�Cr 5}'. L am:[/G,n A,v; [LQ ho•1ev/ �r !-LP k,i/a.✓: nr�. /7cA/..,5 a) /•F/:ny .S o.n+/S/4�2-' Noi {4/4t /'.,/ (.n i:y4�f� �' /+�fA:./�S ✓n r�✓G' 17 IY4 f'rPrlp fa �re::.</ ,•, (aid. wi.,;Prl... t/��:,�4 }�•rr c4 r✓srir�l. �/ ✓�.=' ScrP L. . � }G lACr }Aun {°n i!'PrY:f IIPPl i4 �'% J /Gf Si/u'Y'ri S. L'i�. ` SC✓ {�z �, j i 9 Crk I' r - % •- s , N J"/!k `fI ;",kr' yc., r�.t,SF ri� icoc LNG tAe o5o cr 514r Street Tree Commission Representative Date Follow-up: COMMISSIONERS DISCUSSION AND MOTION The Commissioners came up with several ideas for redesigning the parking area but decided it should be looked at more thoroughly. McLaughlin said Staff could work with the applicant on a new design of the parking area and work on the front landscaped portion. k Jarvis asked the applicant if he would extend the 120 day limit for approval and Greene said he did not wish to do so. Even though the zone change could move ahead to the Council, Greene thought the Council would prefer to see the entire project. Thompson moved to approve Planning Action 94-056 with the additional wording on Condition 2 that the applicant work with Staff on the final details of the site plan, addressing the removal of the asphalt area in front, pedestrian routing through the project, traffic flow and parking. If an agreement cannot be reached between Staff and the applicant, the application will be continued or returned to the Planning Commission. The Zone Change has.been unconditionally approved. Condition 1 is unchanged. Condition 2 has been rewritten. Condition 3 has been rewritten. Conditions 4, 5, and 6 remain the same. Conditions 7, 8, 9, 10 and 11 remain the same. Add Condition 12 (ODOT). There is no need for Condition 13. The motion was seconded and approved with Hibbert voting "no". PLANNING ACTION 94-081 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 114-UNIT RETIREMENT FACILITY LOCATED ON THE EAST SIDE OF NORTH MAIN STREET, OPPOSITE THE MAPLE STREET INTERSECTION. ALSO REQUEST FOR A ZONE CHANGE FROM EMPLOYMENT (E-1) TO HEALTH CARE (HC) AND MODIFICATION OF DETAIL SITE REVIEW ZONE BOUNDARY. APPLICANT: CLIFF CURRY Site Visits and Ex Parte contacts Cloer had a site visit and talked with Jack Morris talked about traffic concerns. Cloer too has concerns with traffic. He was almost rear ended while turning into Dr. Epstein's lot. Thompson abstained because he is a neighboring property owner. Carr had a site visit. Bingham had a site visit and noticed the proximity of the property to the railroad tracks. He noted that the traffic turning left from Maple Street to North Main had to wait a long time (at 6:05 p.m.). If it was during rush hour, it would be a ASHLAND PLANNING COMMISSION 5 REGULAR MEETING - MAY 10,1994 MINUTES q3 very long wait. Armitage had a site visit and when leaving the property, he had to turn right and find a place to turn around and come back, instead of turning left to begin with. He had an ex parte contact with someone and discussed where the property line was in relationship to this person's property. He also had a phone conversation with Mary Gardiner and discussed the meeting process, not the action. Powell made a site visit and looked at the property from the Epstein lot. She noticed an area of cattails and red-winged blackbirds. She wondered if it was a wetland area. She received a letter from Debbie Miller but did not bring it with her to the meeting. Hibberf had a site visit. Giordano had a site visit and met with John McLaughlin and a staff person from RVTD. He is working on a design for the bus stops. Bingham read a letter from Debbie Miller into the record. Powell said the substance of her letter from Miller was similar to that of Bingham's. Miller thought the proposed application had an institutional look and she is concerned with traffic, zoning and density. She hoped the Commission would not be emotional in the desire to have something like this for Ashland. A letter from Don Cowan was read into the record. The letter from Charles Tracy to Barbara Jarvis and a copy of the article in the Daily Tidings were read into the record. STAFF REPORT The property for the proposed facility is located opposite the Maple Street intersection and is approximately 4 acres in size. The application involves the construction of a 114-unit congregate care facility. The total square footage will be 90,000 square feet of gross floor space and will consist of six buildings. Three of the larger buildings will be connected by an enclosed walkway. The buildings along North Main will be one- story. Access to the development will be via a 20 foot wide driveway to the site. The applicants have provided evidence that there is a public need for this type of housing to support their request for a Zone Change (E-1 to HC). This project complies with all the standards except it's considered one structure because of the walkway connections. The applicants believe the area should not be in the Detailed Site Review Zone since the requirement was written for commercial and industrial purposes. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MAY 1%1994 MINUTES 1 1 The design materials have a residential flavor. The Historic Commission was supportive. An effort has been made by the applicant to break up the design with gables and dormers. There is information in the packet with regard to public facilities and the intersection of Maple and No. Main. A widening of North Main Street which would include a.left hand turn lane and a widening of the curb radius where the BP station was locatedeis being planned. At this point, there is an irrigation ditch running across the property. The applicants have proposed to relocate the ditch and incorporate a water feature as part of the relocation. Some type of on-site retention of storm water may need to be added. There have been some comments from the neighbors regarding building height. The project will be roughly four stories in height looking from the railroad tracks. There is residentially zoned property to the north of the property, however, the height limitation in the HC Zone is 35 feet and the applicant will comply. The Historic Commission noted that though they liked the overall design, there was some concern about the connectors between buildings gave a more commercial and institutional look. They would like to see a redesign of the connectors. Overall, Staff feels there is evidence in the record to support a Zone Change to provide this type of housing. Staff has recommended approval with the attached 15 Conditions. Some items will need further discussion and may need. some fine-tuning. Jarvis asked if any consideration.given to Mr. Tracy's suggestion about traffic movement and relocation. Molnar said that even with a relocation, Maple Street or Glenn Street would still need a traffic signal. McLaughlin'said Tracy's idea has been investigated, but the problem is, the routes would not go anyplace. Armitage noticed that there are not densities in the HC zone, but there are in the R-2 zone. McLaughlin said the traffic impacts are not as great with this proposal as for instance an apartment complex. The proposed development would be similar to a 40- unit apartment complex and will generate approximately 250 vehicle trips per day. McLaughlin said this proposal falls between a retirement home and a nursing home and the parking demand for these types of uses are different than what our ordinance refers. The Commission may request the applicant to provide more data for an unspecified use. Cloer wondered if Staff was willing to accept the traffic data taken in December of ASHLAND PLANNING COMMISSION - 7 REGULAR MEETING MAY 10, 1994 _ MINUTES 45 1991. McLaughlin said a representative from ODOT might want to speak to this issue. Again, the Commission may find further information is needed. Bingham inquired if the Planning Commission requires a traffic signal and ODOT does not, who prevails. McLaughlin thought it would mean the applicant would have to comply with the Conditions and if he could not comply, the application could not go forward. Carr said she spoke with Kip Osbourne of ODOT and he said a traffic signal will not be planned for the Maple/No. Main intersection for quite some time. Folders with information, plot plans and elevations have been provided to each Commissioner and have been made a part of the record. PUBLIC HEARING CLIFFORD CURRY, 471 High Street, Salem, OR, stated he is the applicant and the project architect. He said they would be able to comply with everything required in the Staff Report. He has submitted material with the application that describes the project. Curry described in more detail the project that is being specifically designed for the elderly that is not fully independent living. Medical services are not provided, however, they are working with the hospital to provide home health care. Holiday Retirement Corporation is based in Salem and they have been building complexes since 1972. The corporation starts a facility and does not sell it --they are in it for the long-term as an operator. There is a tremendous unmet demand for this type of housing. There is nothing in Ashland now: Curry thinks this is an ideal site for the retirement facility. It is between medical facilities and the downtown. This type of facility works best on a busy, active spot. This site complies with the Comp Plan because it is an infill site on flatland, in an area that makes sense. A market research study showing a tremendous need has been submitted. Curry mentioned several design features -- extensive walkway, drought tolerant plantings, handicap accessible all around, compatible with the Historic District, and a storm retention system.has been planned. Curry intends to comply with all requirements of ODOT. This development decreases the dependency on the automobiles. They will work with the City, hospital and community to get a traffic signal. ASHLAND PLANNING COMMISSION g REGULAR MEETING MAY 10,1994 _ MINUTES 46 The visual impact was considered by Curry and the view from the east. They made a lot of design decisions that relate to the neighbors on the east. The setback is larger than required and it is about 180 feet to the nearest house.. The use of dormers lowers the overall effect with the one-story portion and different heights adding variation. The berry bushes along the railroad track will be retained for screening. There will be a number of plantings along the facade. He passed around photos showing different views. ; CARR MOVED AND HIBBERT SECONDED TO CONTINUE THE MEETING UNTIL 10:30 P.M. THE MOTION CARRIED. Bingham had some operational questions for Curry. Curry said they do not rent to any specific age group but that it is totally self-regulating with no age limits. There will be 12 employees at peak times. A manager and co-manager live on-site. A home health care office will be set up. There can be services provided by outside groups, but the facility provides none. There will be a specific room for a dispensary. Powell wondered if a person needs some assistance with their daily care, can they stay in this facility. Curry said this would fall under home health care. This would be in addition to the 12 employees and there would be some traffic impact. The employees that work at the facility come and go during off-peak times (e.g., cooks). The 250 vehicle trips per day include visitors. Curry said that the units have a six foot counter and a small refrigerator. Some people bring in a microwave or toaster oven. In answer to a question by Carr, Curry stated that walkers and wheelchairs are allowed, but a person needs to be able to exit the building in case of an emergency. Jarvis read comments from the following who favor the proposal. Lorraine S. Cuffell, 291 Terrace Street Laurence Powell, 306 Hillcrest Betty H. Kester, 1644 Parker Trudie Revoir, 725 Frances Lane Leote Frakes, 80 Pine Street Grace Sledge, 415 Azalea Court, Talent A. J. Sledge, 415 Azalea Court, Talent Patricia A. Adams, P. 0. Box 3519, Ashland Ruby J. Stewart, 1188 Linda Avenue Harriette Cummens, 211 Glenview Drive David Boyd, ODOT District.Operations Mgr., 2692 N. Pacific Hwy., Medford, OR 97501 Milton/Natalie Padno, 573 Carol Street ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MAY 10,1994 - MINUTES Al Tom Kennedy, 400 W. Hersey Jim Watson, 515 Guthrie Robert Blair, 745 Park Street Betty Jespersen, 390 Cambridge Patrick Flannery, 800 Cambridge Brent Thompson, Allison Street 2 MICHAEL DONOVAN, 1120 Beswick, President of Ashland Community Hospital Foundation, explained this project is being done in conjunction with the Foundation, not the Ashland Community Hospital. It will benefit the hospital. The land for the project site was donated with the provision it be used for a retirement center. The Foundation believe they have come to the best possible end by working with Holiday Retirement Corporation. Everyone knows North Main Street is a traffic concern. The improvements made to the area should vastly improve the situation and fortunately the applicant is willing to contribute to the cost of improvements. The traffic signal is out of our hands. This project is for the citizens that live in Ashland and there will be a return to the Ashland Hospital Foundation and a direct benefit to Ashland Community Hospital. KEN HAGEN, 548 Rock Street, #5, lives near the proposed site and favors this proposal because he advocates making Ashland more compact. Hagen wondered what existing trees will remain after the project is built. Also, what provisions have been made for recycling and garbage service? Where will the driveway be located in relationship to Maple after Maple is moved over? It appears the facility's driveway will be coming out and have to cross through the left turn lane. The buildings look too massive unless lots of trees are planted, but Hagen hoped this would not be the ultimate solution. He requested that a Condition of approval would be included that if and when the railroad tracks become a bicycle/pedestrian way, that it would tie into the rest of the system. Will there be any on-site amenities, such as a small market? Photos appears to be taken from some distance away but the vast majority will be viewing the facility from No..Main Street and from the rear. JERRY SIVIN, 1552 Lilac Circle, said the view from the east is'a non-issue. A bank of trees completely obscures the back of the property. Sivin believes the issue of an 85,000 square foot facility is for commercial/industrial. There is no place for the older population now and we need to provide for and take care of that segment of our population. Holiday Retirement Corporation is the best there is. Things are changing to the detriment of the hospital and we don't want to turn down $4.5 million. Sivin cannot understand ODOT saying we do not need a traffic signal, however, 12 employees will not cause much impact. With van service, the residents will give up their cars. We cannot lose this proposal because of traffic impact. Sivin is willing to ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MAY 10,1994 _ MINUTES 4S form a committee and go to the State and work to get a'traffic signal. CARR MOVED AND HIBBERT SECONDED TO CONTINUE THE MEETING UNTIL 11:00 P.M. THE MOTION CARRIED. MICHAEL ELTON, 17311 S.W. Canyon Drive, Lake Oswego, OR, is partner of Curry's, said this architecture is a little more unique than their othei projects because of the gables and bridges. He believes the left hand turn lane will solve the traffic problem on North Main Street. JACK MORSE, 588 N. Main Street, stated he is concerned with limited access for emergency equipment at the proposed facility. Average delivery trucks will have trouble turning out of a 10 foot lane into an 11 foot lane. He would like to see a traffic signal. JED MEESE, 88 Granite Street, is a member of the Hospital Board and has worked the last three years on this project. The project is needed by so many citizens in this community. So many can't afford to move to the Manor and we don't want to see these people leave the community. MAUREEN MEISER, 151 Nursery Street, thinks the applicants need to have a new traffic study done because she has seen a change in the traffic since 1991. Approval of this application should all be conditional upon whether something can be done with the State Highway Department. It is completely impossible to cross the street as a pedestrian without a light. MICHAEL GARDINER, 349 Orange Street, owns the property adjacent to the rear of the building. He is concerned with the mass and scale of the building. The surrounding buildings are residential. He is approximately 180 feet from the structure and believes it is important there be some transition in this building. In some places along the back, the building will be close to 50 feet tall. JOHN FIELDS, 845 Oak Street, discussed the Detailed Site Review Zone. The City has worked to establish it and it doesn't say anything about whether it is commercial or not. Its purpose was to look at breaking up building mass (18.54 - maximum height is 35 feet). It is difficult to speak against the proposal because there is so much economic opportunity and Fields knows the residents need this facility. He questions the presentation of the design and scale -- let's see what we can cram onto this. This is a test case -- what does the Detailed Site Review Zone mean? Is this a health care facility? That is marginal. He believes another traffic study needs to be done. Secondary access should be considered. He would ask for cooperation from the ASHLAND PLANNING COMMISSION 71 REGULAR MEETING MAY 10,1994 _ MINUTES 49 applicant to go another round of refining. Approval of this application will be setting a standard for our infill pattern. If this property is taken out of the E-1 zone, it will deplete the E-1 supply of land. BARBARA.STOUT, 356 Otis, lives to the north side of the project. The trees blocking the proposed buildings are deciduous so it would create a visual barrier part of the year. Ashland already decided they do not want a project this massive when$they decided on smaller buildings. Stout thought the pictures submitted by the applicant are deceptive. She would like to make sure the drainage is addressed. If any of the drainage goes onto the railroad tracks, it goes onto her property. What about the possibility of a right turn lane from downtown into the property? A traffic signal needs to be pursued. MARY GARDINER, 349 Orange Avenue, said she takes offense to Sivin's comments that the project is not that big. Given the amount of time the Gardiners spend in their yard, the facility is a huge mass. By approving, the Commission is setting a precedent. Some of the design elements need to be examined. Outside lighting is a concern. LARRY MEDINGER, 695 Mistletoe, stated that it is important Ashlanders don't have to retire in Medford. What is important to the hospital is those people who don't leave will become bigger clientele to hospital. He is involved in a project similar to this in the sense it serves the senior community. Medinger is wondering about traffic, not just now, but what about in the next ten to 20 years. The property between the proposed facility and Glenn Street is bare land. Should consideration be given for traffic to connect more through Glenn? The backs of the properties on North Main could be served with a street in the rear. He urged the Commission to look at the bigger picture. MOVE FOR CONTINUANCE The applicant stated they are willing to continue the hearing and they are willing also to extend the 120 day limit for the application. Giordano told the applicant he would like to see a model of the site including some of the adjacent properties. What are the cumulative effects of traffic? Look beyond the boundaries of this property. Bring the data up to date. The community should push for a signal. He would like more study done on the pedestrian linking of the project to the downtown and other activities -- also bus access and other transit. ASHLAND PLANNING COMMISSION 12 REGULAR MEETING MAY 1%1994 _ MINUTES 5a The public hearing will be continued on June 14, 1994, 7:00 p.m. at the Council Chambers. .Carr moved to continue PA94-081, Powell seconded the motion and it carried unanimously. PLANNING ACTION 94-050 will be continued. i ADJOURNMENT The meeting was adjourned at 11:00 p.m. ASHLAND PLANNING COMMISSION 13 REGULAR MEETING MAY 1%1994 MINUTES 151 PA 94-081 Site Review and Zone Change East. Side of North Main Street Cliff Curry Molnar explained since a zone change is part of this application, it will also need to be approved by the City Council. Existing zoning is E-1 and Health Care (HC) is the proposed zoning. The property is owned by the Ashland Hospital Foundation, which has agreed to a long-term lease for the development of a retirement facility with 114 units., Elevations of the buildings were discussed. Only two of the structures will be in the Historic District. There is a 35 foot limit to buildings in the HC zone; and the highest point in this development will be 35 feet. Material will be synthetic stucco and horizontal clapboard, composition shingles for the roof, and white vinyl windows with white trim. Ennis stated this is a nice design, but he has a problem with the connectors, which should look more residential than commercial or institutional. Skibby said there used to be a cottage on the site and this design has kept the cottage feel, especially with the foreground structures. He said he agreed with Ennis the applicant has designed a nice complex. Mitchell related she was recently appointed to the Ashland Hospital Foundation and stated the need for such a facility in Ashland. She feels it is extraordinarily well designed. Acklin stated there would be no conflict of interest here because although the land was donated to the Foundation, it is leased to the applicant, who will be doing business with the City. The Commission agreed the facility will look nice, but would like the breezeways (connectors) to look more residential with less glazing. Ennis moved to recommend approval of this application as submitted with one amendment- that the connectors which are shown with storefront glazing and a flat roof be redesigned to be more compatible with a residential look. Winston seconded the motion and it was unanimously approved. PA 94-074 Conditional Use Permit and Variance 298 Hargadine Street Will Carr Knox related this is a unique request for a traveller's accommodation because it is directly across from the multi-unit Winchester Inn and in close proximity to the Cabaret Theater, etc. Staff has no problems with this request. No exterior changes will be necessary, as it meets all the requirements except it is not within 200 feet of an arterial or collector street. That requirement was made to encourage people to walk. This property is in the downtown Ashland Historic Commission Minutes May 4, 1994 CL Page 5 z a w t wo ap )3 e.( i 8 ' 0 w.21 U < ! qr 3,w u7i ! R'i2_Ir. r iz i I � 0 «4 I it m 9 s@ s 0 i # O� Is 52- A . � . � HP11.1 kim m it lit l , m %| ® — h] ! R k \!| ! A @{ )G m §l k! |u &! 1q! ] § k &s ! m !§} ] , ! | \ 4Ill § �!� Iigh! | ! �i ! � l� 1l gla A !!| k!! � li I hill 11 191 m o . f. , . Ill , . Ngill n _ I j l \ \ i m | fui / . 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TROSS Land Planning and Development Consultant 1720 Liberty St. S.E., Salem,Oregon 97302 (503) 370-8704 April 18, 1994 Bill Molnar Senior Planner City Hall Ashland, Oregon 97520 RE: ASHLAND HOSPITAL FOUNDATION/RETIREMENT RESIDENCE PROPOSAL Dear Bill : Cliff Curry has provided me with updated ITE traffic estimate data for the retirement housing proposal, and I have revised the Applicant's Statement report to reflect this new information. Enclosed are revised pages 5-7 , to replace the originals. The only text changes are on page 5, with regard to the traffic generation estimate. The other pages result from shifts in the text layout. According to the new ITE numbers, the garden apartments are now estimated at 2.51 trips per day for a total of 12.55 trips/day (2.51 x 5 apartments) . Trip generation for congregate care remains the same, at a total 234 trips/day for the 109 suites. The change in the estimate for the garden apartments reduces the total estimated trips/day for this project to 247. Please include this information in the case record, and please let me know if you have any comments or questions. Thanks. Sincere , Je rey R. Tross encl. � 3 04/15/94 09:58 j V 503 399 0565 CurryBra ,w Arc 11 03 ' APR-14-1994 06:25 FROM 2837 TO 3990565 P.02 Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units J On a: Weekday i i Number of Studies: 2 Average Number of Occupied Dwelling Units: 183 i Directional Distribution: 50% entering, 50%exiting { Trip.Generation per Occupied Dwelling Unit i Average.Rate Range of Rates Standard Deviation 2.15 2.12 - 2-16 t Data Plot and Equation caunon - use Csiref lly-Small sample Sine 700 x 3 eoo W W800 .. .. .... ... ............ ... ... .. . ...... . .......... . . .. . .. .. .. ........ F 0 400 . ... .. . . . ............. . . .... . .. . . .. . .. . ... .. .. CD Q3D0 . ./.! ......... .. ........ .. ............. 200 . . . ..... . ... ..... . ..... .. ... ........ ...... ........ .. X• 100 0 too 200 _ 300 X= Number of Occupied Dwelling Units X Atlud OMa Pd,da ------ Average Rata Fitted Curve rquntlon: Not given S RPR-14-1994 06:25 FROM 2f TO 3990565 P.04 Land Use: 253 Elderly Housing -Attached Independent VeHables With one ObserveNon The fOIWWhg trip generation data are for Independent variables with only one observation. This Information is shown in this table only;there are no related plots for these data. Users are cautioned to use these data with care due to the small sample size. Trip Sire of Number Generetlon Independent of DayMMa Psriod Haut yoriab Studies Direelonal DlsMbutfon Occupied Dwelling Units Saturday 2.51 r+ 67 1 50%entarin 50%ex ' Saturday Peak Hour of 0.30 67 1 Not AvalWAs, Generator -Sunday 2.70 07 1 60%entering, 50%ex Sunday Peak Hour of 0.55 67 1 Not AvW We Generator Trip Generatlon,January 1991 483 Institute of Transportation Engineers 'iii `. JEFFREY R. TROSS Land Planning and Development Consultant 1720 Liberty St.S.E.,Salem,Oregon 97302 (503) 370-8704 APPLICANT'S STATEMENT AND FINDINGS OF FACT FOR ASHLAND RETIREMENT RESIDENCE PROPOSAL Rti�E\V�� PpR 819° S� BACKGROUND The Ashland Hospital Foundation owns a four acre tract located on the east side of North Main St. , opposite the Maple Street intersection. This property is identified as Tax Lots 1100, 3900, 4000, 4100, 4200, and 4300, on Jackson County Assessor's map 3 9E 5DA. The property is vacant. The Hospital Foundation has agreed to a long-term lease of the property for development of a "congregate care" retirement residence for active seniors. The property will . be leased to an Oregon partnership composed of individuals experienced in the development and management of this type of residence facility. Mr. Cliff Curry of Curry-Brandaw Architects in Salem, the project architect and one of the partners, is the applicant in this case. Congregate care living is designed for individuals desiring a residential environment that includes a variety of routine and daily services. In this case these services will include, among others, meals, housekeeping and cleaning, social activities and classes, and a van service that will be available for transportation to shopping, personal appointments, and recreation excursions. Trained staff will be available on a 24-hr. basis to provide these services. In addition, the Community Hospital has expressed an interest in providing medical services to this facility. The intent of this type of development is to maintain the privacy of the individual, while providing a managed and secure living environment. The facility will be managed by Holiday Retirement Corp. , of Salem, one of the largest and most experienced providers of retirement living in the U.S. Holiday Retirement currently - 1 - :7 f manages 150 retirement facilities in the U.S. and Canada, including projects in Medford, Grants Pass and Roseburg. The Proposal The Hospital Foundation property is currently designated "Employment" by the Comprehensive. Plan, and is zoned E-1 Residential Overlay. These categories do not provide for the proposed use. In order to allow the proposed housing facility the site must be designated "Health Care" and zoned HC. This application, then, is a request for a Plan Amendment from "Employment" to "Health Care" with a concurrent zone change from E-1 Residential Overlay to HC. In addition, the site is within the Detail Site Review (DSR) zone. This limits a building or a contiguous group of buildings to a gross square.footage of 45,000 s.f. , 18.72 .050 C. This site is in the DSR zone to prohibit large commercial buildings. The proposed development is residential, and is planned to total ±90,000 s.f. This total is divided among six structures. Although the proposed use is not a commercial development, in addition to changing the Plan and zone designations the applicant requests an amendment to the DSR boundary to remove this site. The result of this proposal will be infill development of vacant urban land for a needed housing facility. Development Design A site plan prepared by the project architect is provided as a part of the application to show the development design, site features, and the type and style of buildings that are planned. - 2 f� 1 � r The proposed development is planned to provide two types of living arrangements, private suites and "garden apartments". The main building, consisting of three connected structures, will consist of private suites ranging from studios to two bedrooms in size. 109 suites are planned. The suites will be private living spaces, and will not have kitchens. As a part of the rental arrangement, residents will receive meals that are prepared and served in a central kitchen/dining area. In addition to the suites, there will be five "garden apartments" in three, one-story cottages. These will be free-standing structures, designed for individuals who wish to maintain a more independent lifestyle but still desire a managed and secure living environment. The total building gross square footage will be ±90,000 s.f. The building footprint lot coverage will be 19.7%, and paved areas (parking, driveways) will cover an additional 19.4%. Together, this results a total lot coverage of 39.1%. The development has been planned and designed to take advantage of the shape and physical characteristics of the site. From its western border along North Main St. the property slopes to the east, to its eastern border with the railroad right of way. The elevation difference from west to east is approximately thirty feet. Due to the slope, most of the property is below the elevation of North Main St. only part of the property borders the street frontage, and much of the property lies to the east, below grade and behind existing buildings. - 3 - s� The placement and orientation of the buildings has been designed to take advantage of the slope. From North Main St. , the view will be limited to a two story building, and a one story cottage. The street frontage landscaping will include view-obscuring plants to further reduce the view into the site from the street. An existing, open ditch crosses the site from south to north, and supplies irrigation water to a pond that is located on property north of this site. This ditch will be rechannelled along the east line of the property and incorporated into the development design as a landscape feature, as shown on the site plan. The new channel will be improved with a liner to prevent leakage, which will retain water that is currently lost. - The existing ditch has been investigated for wetlands characteristics, and has been determined not to be a regulated wetlands. A copy of the wetlands determination accompanies this application. The site landscape design includes extensive drought- tolerant plantings, an internal walkway system for resident use, and a pond to be created from the water channel that will replace the existing ditch. There will be a minimum of lawn. The landscape plan retains the heavy blackberry growth along the railroad right of way, which serves as an attraction for birds and wildlife. The landscape features total 60.9% of the site. The site has no physical features that will limit or restrict the proposed use. The physical character of the site has been incorporated in the development design with regard to the location and orientation of buildings, and the landscaping plan. - 4 - oO Access and Traffic Due to the age and generally reduced abilities of the residents, this type of speciallized residential development creates substantially less traffic impact than housing developments that serve the general population. The management company's experience has shown that the number of residents who continue to drive decreases during their first year of residency, and fewer than 25% of the residents keep their cars. The van service that is provided as a part of the rental arrangement encourages residents to sell their private autos, which reduces private vehicle trips from the property. The ITE Trip Generation Manual estimates 2.15 average trips per day per unit for congregate care facilities (code 252) . For 109 suites, this totals 234 trips/day. The ITE estimate for elderly housing (code 253) is 2.51 trips/day. For the five garden apartments, this totals 12.55 trips/day. The estimated traffic volume totals 247 trips/day. With the small percentage of residents who keep their cars, however, the actual number of trips will likely be lower. One driveway access from North Main is planned, located directly opposite the Maple St. intersection. One driveway is consistent with the estimated 247 total trips/day. The management company's experience has shown that most trips are made during off-peak hours, which decreases the traffic impact on the adjacent street. The development plan provides 65 on-site parking spaces. Nine of these spaces will be in garages, ten will be in carports, and the remaining 46 will be open. The management company's experience has shown that the number of parking spaces will be adequate to accomodate the residents who 5 - 6 ► retain their cars, and employee and visitor parking. None of the parking areas will be located along the street frontage. According to an ODOT comment .on this project, the Maple Street intersection currently operates at Level of Service (LOS) "B". The traffic that will result from this development will not change the LOS, according to the ODOT comment. A left turn lane for southbound North Maple traffic may be required. Relationship to the Neighborhood The Hospital Foundation property is located in an area that includes a varied mix of residential uses and densities, professional and service offices, and miscellaneous small ( commercial businesses. Nearby residential uses include single family homes, condominiums and high-density multi- family apartment complexes, and an elderly care facility. Offices include both new construction and residential conversions, and consist primarily of medical services and related activities. A major feature of the site's location is its proximity to the Community Hospital, located three blocks to the west off Maple St. On the north, the site is bordered by a single family home and two medical offices. These uses border the east side of the North Main frontage and are within the E-i Residential Overlay zone. The northern part of the subject property lies to the east of (behind) the medical offices, and does not border the street frontage. - 6 - The site is bordered by residential development on the south. A single family home, then apartments, are located to the south along the North Main frontage. Extensive multifamily development is located to the east of these properties. The lands along the street frontage are zoned E-1 Residential overlay, and the apartments to the east are zoned R-3 Multi-family Residential High Density. The lands to the east of the site, across the railroad, are developed in single family homes and are zoned R-1-5P. There is no direct access across the railroad between the subject property and this area. The lands bordering the west side of North Main, across from the site, include office uses, single family and multi- family residences, and' commercial services. The northwest corner of Maple and North Main is the former site of an auto service station, which has been demolished and is now undergoing remedial environmental clean up. An auto body shop is located immediately north of this site. Both of these sites are zoned E-1 Residential Overlay. An administrative office for a church occupies the southwest corner of Maple and North Main, in a converted residence. A single family home,• a small apartment building, and another office border the North Main frontage to the south. These activities are zoned R-2 Multi-family Residential . The neighborhood to the west, along Maple Street, includes single family homes, an elderly care facility, and an office building for medical and professional services. Maple St. runs through the middle of the large area zoned R-2 extending N-S from Wimer St. to north of Sheriden St. , and E-W from North Main to Chestnut. 7 = 63 Considering the mix of uses, residential densities, and zoning districts in the area, and the proximity to the medical facilities, the subject site is appropriate for the HC zone and the proposed use. The. site is bordered by high density development on the south, and mixed commercial and residential uses along the arterial frontage. With regard to the depth of the site from the street frontage, the proposed use is more appropriate than commercial development at this location, the gross square footage limit of the DSR zone notwithstanding. The railroad provides a buffer with the single-family neighborhood to the east and there is no direct access between the property and this neighborhood. The area to the west of North Main includes a variety of uses including an elderly care facility, and this area is zoned for increased residential densities. Based on the location, the land uses and zoning in the area, and the project's purpose and design, the proposal will be compatible with the surrounding neighborhood. - 8 - ANALYSIS Relationship to the HC Health Care Services Zone, Chapter 18 . 54 18.54.010 Purpose. The HC zone is designed to provide the type of environment suitable for the development of health related services and residential uses, and related activities, while reducing the conflicts between uses through appropriate design. The proposal is consistent with the purpose of the HC zone. The proposed use is a health related residential facility. The purpose and design of the project is to provide a "congregate care" living environment for elderly individuals who desire various services. The types of services to be available will include meals, social activities, housekeeping, and transportation. The development site is located approximately three blocks from the hospital, in an area that already includes a variety of medical and health care related services. The site is within a mixed-use area. The proposed development is self-contained, and has no direct access to any adjacent property. It has been designed to take advantage of the physical characteristics of the site, and it will not conflict with other uses in the area. The proposed use is included as a permitted use in the HC zone, 18. 54.020 G. 18.54.040 General Regulations Compliance with these standards is demonstrated on the site plan, as follows: A. Minimum lot area: The site exceeds the 5,000 s.f. minimum lot area. B. Minimum Lot Width: The site exceeds the minimum lot 9 6�, i width of 501 . C. Minimum Lot Depth: The site exceeds the minimum lot depth of 801 . The depth of the site does not exceed 2.5 times its width. D. Standard Yard Requirements: The development will meet or exceed the yard requirements of this section, and of 18.70. E. Special Yards (does not apply) . F. Max. height 35' - The maximum building height will be 34' . G. Max. coverage 65% - The lot coverage of the proposed development is 39.1% . The development is consistent with the purpose of the HC zone and will meet the development standards. Comp Plan Amendment/Zone Change Criteria The proposal for a Comp Plan Amendment, Zone Change, and removal of the property from the DSR zone, is. a Type III procedure, 18 . 108.060 A.I . and 3 . Under B. 1. , these actions may be approved when one of the following conditions exist: a. A public need, supported by the Comprehensive Plan b. The need to correct mistakes. c. The need to adjust to new conditions d. Where compelling circumstances relating to the general public welfare require such an action. Criteria a. , c. , and d. are addressed by this proposal. a. Public need for 'the project: A Housing Market Analysis has been performed for this project. This Analysis was performed initially in October 1992, and updated in March 1994, by URBEK, a firm specializing in research and analysis for congregate care - 10 - housing development proposals. A copy of the URBEK analysis accompanies this application. In the URBEK study the overall market area is defined as Jackson County. The housing requirements for seniors are analyzed. as a specialized segment of the overall housing market. The general methodology of the study followed standard HUD-FHA market analysis techniques (p. 5) . Following is a summary of the major findings and conclusions of the analysis: -The current population of the county is estimated to be 158,113, of which more than 16% are age 65 and over, and more than 7% (11,068) are age 75 and over. -By March 1997, the total population is expected to be 167,063 . At that time, 16.9% (28,234) will be age 65 and over, and 7.4% (12,363) will be age 75 and over. -From 1980 to 1990, the population age 75 and over increased by 362 persons annually, or 5.9% annually. This is faster than the overall population growth rate. In the three year forecast, this population is projected to increase by 341 persons annually; 3 .0% a year. -Without additional housing, many of these seniors will have to move elsewhere as they age further and require personal care services. -After age 75, an increasing number of householders choose a congregate lifestyle and/or need personal care services. -Using data from a survey conducted by the National Center for Health Statistics, the market for congregate care servcies by March 1997 is estimated to be 1,848 persons (p. 14) . -Currently in Jackson County there are a wide range of residential choices available to the frail elderly, ranging . - 11 - 67 from adult foster care homes to a "buy in" at a life care facility. -With the exception of adult foster care homes and several small, older residential care developments, the majority of existing residential choices are in Medford. -The portion of the market to be served by the. proposed development is currently served by five rental developments. -The current high occupancy among these five units illustrates the market is not overbuilt. (p. 21) -As of the date of the report, there were no similar developments either planned or under construction in Ashland. -"Based on the findings, there is evidence of an unfilled demand for good-quality independent living rental units in the market area. With the aging of the population, this i market will continue to expand." (p. 25) -From initial renting in the second quarter of 1995, 95% occupancy would be reached within 18 months. The increasing numbers of the population age 75 and over requires the provision of additional housing to meet the specific needs of these individuals. The housing analysis . concludes that the need is unfilled. Without locally provided housing opportunities to fill the need, the senior population will either be without this type of housing or be forced to move out of the community to obtain it. Neither option is desirable. The proposal will address this identified need for community. Relationship to the Comp Plan The proposal is supported by the Comp Plan. Allowing a lack of adequate housing when a need has been identified is contrary to the housing policies of the Plan. The Plan - 12 - 68 supports providing sufficient housing to meet the needs of all segments of the community. Chapter IV - Housing Element This section states the City's responsibility to accomodate various housing needs. The Housing Analysis performed for this project identifies an unfilled housing need that the project will address, with regard to price range, rent levels and the financial capabilities of the market. The Housing Goal states: 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. The proposed project will provide a new type of housing in the city. This will be a housing opportunity intended specifically for the elderly segment of the population. There is currently a lack of opportunity for this type of housing to be obtained locally. The site is located in an area of mixed commercial and residential uses, which includes mixed residential types and densities. Higher density housing is encouraged in proximity to the hospital. The project will preserve the character and appearance of the city through the location and orientation of the buildings, minimizing exposed parking areas, minimizing r traffic impacts, maintaining existing vegetation to the extent practical, and by incorporating appropriate landscaping into the project design. For these reasons, the proposal is consistent with the housing Goal. Policies: 1) The proposal will conserve land by infilling on vacant property within the city. The property can support the 13 - 69 proposed density. The project combines two types of housing within the development. No new public streets are required, and the area of impervious surface has been kept to a minimum relative to the number of units by the use of multi- story buildings, and by minimizing the parking area. The lot coverage will be significantly below the allowed standard, and the landscaped area will be significantly above the required minimum. 2) The site is located in an area of mixed uses, including mixed residential types and densities. The location is also appropriate with regard to its proximity to the. hospital. The development will have no direct access into any bordering residential area. Due to the nature of the development it will not create. a significant traffic impact on the adjacent street. The development will be self- contained with regard to access, parking, and on-site recreation, and it will not be disruptive to any surrounding residential uses. 3) The lot coverage of the proposed development is ±39%, significantly below the 65% allowed standard. The slope is within the typical range for a building site, and does not present any restrictions or limitations to development with regard to erosion or cuts. The development is innovative wth regard to its combination of housing types, the use of the site features for building placement, and incorporation of landscape features such as the waterway and railroad right of way. No new public streets are needed, and the parking area has been minimized. For these reasons, the proposal is consistent with the housing Goal and policies. - 14 - 70 Chapter XI - Energy Policies 3) New Housing: The buildings will be designed to be energy-efficient and reduce the amount of energy required. The facility will be the equivalent of a "Good .Cents" home. The buildings will be required to meet all current building codes for energy efficiency. A van service will be provided for the transporation needs of the residents, thereby reducing the use of energy by private vehicles. 7) Water Conservation The water usage in this type of facility is expected to be less than 60 gallon per day per person, exclusive of irrigation. This is lower than in other types of housing. Landscaping will make use of native plants and will be drought-tolerant to minimize the' need for irrigation water. The existing open ditch that passes through the site will be relocated, and lined to prevent water loss. Through these measures, the development will act to conserve energy, and reduce water usage, in keeping with these policies. Additional Comp Plan Considerations Chapter II - Introduction and Definitions This section recognizes that Ashland is part of a larger marketing area centered around Medford. The Housing Analysis for this project includes all of Jackson County, including Medford. By providing a type of housing that is designed and intended for a specific segment of the community, the change will result in a living environment that is better than the present. A premise of the Plan is that there will be - 15 - �1 � continued changes. By providing needed housing, this change will be in the best interests of Ashland residents. Residential Land Uses - General This classification allows and encourages housing clusters. Although not occuring under the Residential classification, the project design is consistent with this guideline. The location of the development in proximity to the hospital is consistent with multi-family residential densities. Removal from DSR zone The Comp Plan encourages the efficient use of land for innovative residential development. In this case, the gross square footage limitation of the DSR zone prevents the efficient use of the property. The proposed development will total 90,000 s.f. Limiting the development to a maximum of 45,000 s.f. gross floor area will not make the maximum efficient use of the property. The need for the proposed housing, and the ability to provide for it at this location, justifies removing the site from the DSR zone. The proposed development is not a commercial or industrial use, and will be compatible with the surrounding mix of residential uses. Based on the increase in the senior age population in the community, the projected population trends, the type of housing needed to provide for this population, the lack of adequate housing of this type currently available in the community, and the support for adequate housing of all types expressed by the goals and policies of the Comp Plan, there is a supported public need for the proposed Comp Plan and Zone Change, and removal from the DSR zone. - 16 - ']2 C. The increase in the senior population represents a new condition. This new condition presents a need for additional housing services that are designed to meet the specific needs of this part of the community. There is evidence of an unfilled demand for this type of housing. The proposed project is designed to provide for congregate care housing for this senior population. The lack of sufficient existing housing of this type creates the need to adjust to new conditions. By meeting an unfilled need, the proposal warrants the proposed Comp Plan and Zone Change. d. The need to provide adequate housing to address the special needs of the senior population concerns the general welfare of the community. The property is owned by the Ashland Hospital Foundation, a non-profit organization i dedicated to improving the type and quality of health care services available in the community. There is currently evidence of an unfilled demand for housing of this type in the community. Providing sufficient housing that is appropriate the elderly segment of the population is necessary for the general public welfare, and is a compelling circumstance that requires this Comp Plan and Zone Change. The Type III procedure allows a Comp Plan Amendment or a Zone Change to be approved when one of four conditions exist. In this case, three of the four conditions exist for the proposal to be approved. - 17 - 73 Statewide Planning Goals Amendments to an Acknowledged Comprehensive Plan must be consistent with the LCDC Statewide Planning Goals. The proposal addresses the Goals as follows: GOAL 1 - CITIZEN INVOLVEMENT This application will be reviewed according to the public hearing process established by the City of Ashland. Notice of the request will be provided to affected property owners and published in the newspaper. Public hearings to consider the request will be held by the Planning Commission and the City Council. Through the notice and public hearing process all interested parties are afforded the opportunity to review the application, comment on the proposal and participate in the decision. These procedures meet the requirements of this Goal for citizen involvement in the land use planning process. GOAL 2 - LAND USE PLANNING The Ashland Comprehensive Plan is acknowledged to be in compliance with the Statewide Planning Goals. This proposal is made under the goals, policies and procedures of the Plan and its implementing ordinances. A description of the proposal in relation to the applicable Plan goals and policies, the Type III procedure criteria, and the purpose and development standards of the HC zone, has been provided. Facts and evidence have been presented that support and justify the proposed change. On this basis the proposal conforms to the land use planning process established by this Goal. GOAL 3 - AGRICULTURAL LANDS, GOAL 4 - FOREST LANDS, and GOAL 5 - OPEN SPACES, etc. , do not apply. ' - 18 - GOAL 6 - AIR, .WATER and LAND RESOURCES QUALITY The quality of the air, water and land can be affected by discharges to the atmosphere, to water bodies or to the ground, and by alteration of natural features. City sewer and storm drainage facilities are available to this property. The appropriate connections to these facilities will be required at the time of development. Waste water from the development will be discharged into the sewer system, and surface water runoff will be collected and removed by the storm drainage system: The City treats wastewater discharges to meet the applicable standards for environmental quality. Through the use of public facilities there will be no wastewater discharges directly to a water body or into the ground. The major impact to the air quality in the vicinity is vehicle traffic on the adjacent streets. North Main is an arterial and is the major route through the northern part of the city. The subject property is currently undeveloped, but new urban development of any type will generate traffic. Traffic generated by the proposd use will be less than that generated by typical commercial or residential development. Considering the type of use proposed, the effect of the proposal on air quality will be minimal. The site is vacant urban land. There are no special, unique, or protected features that will be adversely affected by the proposed use. The open water ditch will be relocated on the property. No off site features will be affected. - 19 - Based on these factors and considerations there will be no significant adverse impacts to the quality of the air, water or land as a result of this proposal. GOAL 7 - AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS, and GOAL 8 - RECRATIONAL NEEDS, do not apply. GOAL 9 - ECONOMY OF THE STATE The property is currently vacant. The proposal will result in development of the site. The proposed development will contribute to efficient land use in the urban area. The new development will generate an increase in property tax revenues, and contribute revenues for the use of public facilities and services. In this way, the proposal will contribute to the economy of the city and the state. GOAL 10 - HOUSING The property currently provides no housing. The E-1 zone formerly retained the capability for housing, but the recent amemdment eliminated this provision. The proposal will restore the use of the site for housing. The type of housing proposed will address an unfilled need in the community. The proposal will contribute to the provision of adequate housing for all segments of the population, in keeping with the requirements of this Goal . GOAL 11 - PUBLIC FACILITIES AND SERVICES All necessary services and utilities including water, sewer, storm drainage, streets, fire and police protection, public transit, electricity and telephone, and solid waste disposal, will be provided to this property at levels adequate to serve the proposed use. The public service needs of the proposed use will be specified by the City at the time development permits are requested. Facility and - 20 - service levels will be specified at that time. By providing City services for the proposed use, the requirements of this Goal will be met. GOAL 12 - TRANSPORTATION The property fronts on North Main. One driveway access is proposed, opposite the Maple St. intersection. North Main is an arterial street that provides access to other parts of the community, including the central business district. .Maple St. provides a direct route to the hospital. No new public streets are required for the proposed. use.. Due to the type of development proposed, the traffic impact from the development will be low. A van service will reduce vehicle trips, and public transit can be provided to the site. The site is adequately served by the existing transportation system, and no new facilities will be needed. GOAL 13 - ENERGY CONSERVATION The project will be designed and built to conserve energy. Energy requirements will consist of space heating and lighting. The buildings will be the equivalent of a "Good Cents" home. Energy consumption will be less than typical multi-family dwellings. The site borders arterial streets, which makes vehicle access direct and efficient. Pedestrian and bicycle access for employees and visitors will be possible. For these reasons, energy consumption will be low. At this location, the proposal will serve to -conserve energy and be energy efficient. GOAL 14 - URBANIZATION The proposal will result in development of vacant urban land that can be provided with all necessary public services and utilities. This will contribute to the efficient use of urban services and the maintenance of a compact urban area, - 21 - 1� consistent with the intent of this Goal. The property has access to arterial streets. The proposal does not affect the Urban Growth Boundary. The proposal will contribute to the goal of providing adequate housing within the community. On this basis, the proposal conforms to the Urbanization Goal. On the basis of the facts and evidence presented, the proposed Comprehensive Plan change conforms to the applicable Statewide Planning Goals. - 22 - � 8 �, URBFIC® Specializing in Housing Markel Analysis HOUSING MARKET ANALYSIS -� Proposed Retirement Residence Ashland, Oregon March 1994 by Gilbert Till _3 i f I 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 96109 (202)347-6161 -79 (206)292-93D0 UMEW Specializing in Housing Market Analysis TABLE OF CONTENTS SUMMARY 1 PART'I SUBJECT DEVELOPMENT A. Housing Market Area. 5 B. Subject Development and Environs. 6 _Y PART II MARKET AREA DEMAND/SUPPLY ANALYSIS A. Local Economic Trends. 9 B. Population Trends. 11 C. Functional Limitations for Age 75 and Over. 14 D. Income Distribution of Persons Age 75 and Over. 15 E. Household Trends. 16 F. Current Housing Market Conditions. 18 G. Projected Demand for Housing. 2p PART III MARKETABILITY OF SUBJECT DEVELOPMENT A. Potential Market for the Subject Development. 21 B. Characteristics of Comparable Units. 23 C. Under Construction and Planned Developments. 24 D. Unit Mix and Rent Levels. 25 E. Anticipated Absorption Rate. 25 ABOUT THE AUTHOR 655 Fifteenth Street.N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 88109 (202)347-8181 `O (206)282-9300 ' ` URBFIC® Speda0zing In Housing Market Anayeia HOUSING MARKET ANALYSIS Ashland Retirement Residence Ashland, Oregon March 1994 SUMMARY The site for the proposed 112-unit retirement development is located in Ashland, Oregon, southwest of Medford which is the largest city in the county. The four-acre parcel is located on Main Street, at the foot of Maple Street, north of the downtown and three blocks from the Ashland Community Hospital. The immediate neighborhood includes single-family homes, apartments, and medically-oriented specialists serving the hospital. As analyzed by URBEK®, the proposed development would include mostly studio and one- bedroom units. Each unit would have a kitchenette with microwave, small refrigerator, and sink. Services include weekly housekeeping;. three meals daily; transportation; and, all utilities. For this report, the overall market area for the proposed development is Jackson County. With this overall market definition, changes in local employment, population, migration, and the housing market can be analyzed simultaneously using regularly published data. The general methodology follows standard HUD-FHA market analysis techniques. The major findings and conclusions are as follows: ■ Data through March 1994 show that in the past four years total employment has increased in Jackson County. In general, the local economy has performed better than the national economy. Total employment gains, during the three-year forecast period from March 1994 to March 1997, are projected to average 2.3 percent annually. Most of the gains in the forecast period will be in the trade and service sectors. ■ Total population in the county has grown steadily over the past four years. The current population of the county is estimated to be 158,113. By March 1997, total population is expected to rise to 167,063, and more than seven percent will be age 75 over. ■ Households will number 66,208 by March 1997, including 8,055 age 75 and over. - o 1 855 Fifteenth Street,N.W.,Suhe 320 1200 Westlake Ave.N.,SuRe 414 Washington,D.C.20005 Seattle,WA 98109' (202)347-6191 (206)292-9300 I M URBEK® Specializing in SUMMARY (continued) Housing Market Analysis ■ The "middle/ upper middle" income portion of the congregate and personal care.market is currently served primarily by five rental developments, built since 1975, offering a variety of units from independent living through various levels of personal care. With the exception of adult foster care homes and several small, older, residential care developments, the majority of existing residential choices are in the City of Medford. At the upper end of the market is the 450-unit Rogue Valley Manor, a life care buy-in facility, also in Medford. ■ The oldest of the five rental developments is the Madison House with a total of 84 units. This development now offers both independent living units and personal care accommodations licensed as residential care.in a section remodeled during 1984. ■ The very successful 88-unit Royal Oak, built in 1984 by the same developer as the subject in Ashland, remains as an independent living development, though a portion of the residents receive home health care. Given the age and location, these two developments — Madison House and Royal Oak — would compete in only a limited way with the Ashland proposal. By - the time the subject development reaches the market, the newest section in the Madison House and the Royal Oak will be more than ten years. ■ In contrast, three recently completed rental developments include: the Heritage, Monterey Village, and Fountain Plaza. All three of these developments have been built during the past three years. Monterey Village, with 30 units, offers personal care in small studio units with less than 250 square feet. The 77-unit Heritage, like Monterey Village, serves mostly a personal care market, including six units set-aside for persons eligible for Medicaid. ■ In contrast, the 132-unit Fountain Plaza offers 96 independent units and 36 personal care units is 98 percent occupied. This development, financed by Oregon State revenue bonds also includes 26 below market units (all of the studio units, plus a few one-bedroom units) among its independent living and personal care units, leaving 106 market rate units. The market-rate independent living units at Fountain Plaza offer the most direct competition with the proposed development in Ashland. The cdrrent high occupancy among these units illustrates, however, that this market is not currently over-built. s ■ If we assume all of the 106 market-rate units at Fountain Plaza are potentially competitive with the subject development, the total inventory of rental units, including the subject will be s 218. If ten percent of the units (45) at Rogue Valley Manor also were competitive, the total would be 263, or about 50 percent of the 485 income eligible households would be served. 9 , 3 885 FlReenth Sheet,N.W.,SuRe 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20008 Seattle,WA 98109 (202)347.8181 ^ (206)282-9300 URBEK® specfa�izirg Hau ng Markel AnalySig SUMMARY (continued) ` ■ Currently, there are several assisted-living.developments under construction, recently completed, in the planning stage, all oriented toward an older, more frail age group than the ' subject development. Monterey Village, in Medford, is adding a 23-bed building, licensed as residential care, and specializing in care for persons with Alzheimer's Disease. This development will be the first free-standing market-rate development of its kind in Jackson County. Depending on the degree of personal care required, monthly rent levels will range 1 from $2,200 to $2,750 for a semi-private room. Initial occupancy is expected to begin during the first quarter of 1994. ■ In the southwest part of the county, a small nursing home in the town of Phoenix has recently completed the first assisted-living development in the county. This 36-unit development will have 24 studios and 12 one-bedroom units. Each unit will have a small cooking area, but three meals a day will be offered in the nursing home. Rent levels will range from $1,250 to $1,450. Another 60-unit assisted-living development is under construction in Central Point on the site of an old nursing home.. K; ■ There are no 100 percent independent living market-rate rental developments under E construction or planned, except for the proposed subject development in Ashland. ■ Based on these findings, there is evidence of an unfilled demand for good-quality congegate living rental units, particularly in the southern part of the county. With the aging 4. of the population, this market will continue to expand. From initial rent-up in the second l quarter of 1995, 95 percent occupancy will be reached at the subject development in 18 months, an average rent-up of 5.89 units per month. 4dS 1... r' r,. L 1- s 4 L 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 : Washington,D.C.20005 Seattle,WA 981119 .... (202)347-8181 b (206)282-9300 URBEK® Specializing in Housing Market Analysis PART I SUBJECT DEVELOPMENT A. Housing Market Area. The site for the proposed retirement development is located in Ashland, Oregon, southwest of Medford which is the largest city in the county. For this report, the overall market area for the proposed development is Jackson County. With this overall market definition, changes in local employment, population, migration, and the housing market can be analyzed simultaneously using regularly published data. The general methodology for analyzing this market follows standard HUD-FHA market analysis techniques. The housing requirements for seniors are analyzed as a specialized segment of the overall market. The estimated total population of the county, as of March 1994, is 158,113, of which more than 16 percent are age 65 and over, and more than seven percent are age 75 and over. Market Area Euprn.O�pMOMW -EUGENE-SPRING FIELD LANE DOUGLAS Coos MEDFORD CURRY JOSEPHINE JACKSON R Mlole I j CALIFORNIA 0 20 40 00 a0 100 MiNa 5 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 84 (206)282-9300 _J URBEW t Specializing in Housing Markel Analysis I B. Subject Development and Environs. The subject four-acre site is located on Main Street, at the foot of Maple Street, north of the downtown and three blocks from the Ashland Community Hospital. (See project vicinity map, page seven.) The immediate neighborhood includes single-family homes, apartments, and medically-oriented specialists serving the hospital. Also nearby is a small residential care facility. (See site photos on page eight.) The general location for the subject development is excellent. As recommended by URBEK®, the proposed development would include mostly studio and one-bedroom units. Each unit would have a kitchenette with microwave, small refrigerator, • and sink. Services include weekly housekeeping; three meals daily; transportation; and, all utilities. Subject Development N' yryak=..'CMa:o'CViN rbJ.CO S .1.�. : .'.P :(... .... . .'. � :.`s�'i¢y, g''`•aD... Studio 301 - 50 415 sqr.ft. Congregate 1BR, 1B 506 - 50 living 785 sqr.ft. Vi 2BR,. 2B 904 12 950 sqr.ft. Total 112 Upper floor will offer views of the mountains. Common areas will include a dining room, activity room, library, and laundry area. ;y Rent levels are discussed in PART III. 6 655 Fifteenth Sheet,N.W.,Suite 320 1200 Westlake Ave.N..Suite 414 Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 (206)282-9300 URBEK® Specializing in Housing Market Analysis I B. Subject Development and Environs. (continued) Project Vicinity Map YOR'R J \tom/ i ,aL4�CUa SON. S SENT " 4 W .. L/••• SCNOEIELO ST. _� u ALOERar N, Cvl� E41a1arc 4(C F 1, .. I $NERDAN ..A � ST�y A UYBREICE ST, '^ + 4� U GRANT ST. qC/,(� � RAND T a ST. N / ST. g � TUCKER ST, j C yyr li N OREENBRYR R. 't' d OTIS ftrvoA 1 b ST. ST. L: v; WI.CT � F N MAPLE ST, o W J e Co+aYT! w 14 d COOLOCE ST. f:. °pW ` L VISi1 CIT.�e• �_ J• NURSERY �r WNEa - ti• � r � ®I rt.�ad N N �W E1 Y S� JfA WEST St. SUSAN LN I wINDVKW OR. Cq S Y Y F ■ r^+ r V YIN21N17' - X �T µNfs, S�• �uaat O 4y Q• s p F RO ORCHARD ST. 't N , t � INTLI LN, � S •lj O , L _ : Vp0�O St• �'� Y fy 4, . I • Y 4 NUTLET S T. n N O'O Jl�. .`l C`.• � W ENVIEW w. LANE LITHIA I \ y 7 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 _ Seattle,WA 98109 (202)347-8181 �� (206)282.9300 r,y ..P�•L�Sxx'1.v�o 4-" ;-""' t+tY' x '2 fT� i5 s r'•�5 a cc gum . w�� o'k@3s-• T?Y IKYR� 9 i t�k�_ •T 11 . 111 1• 1. • ` URBEK® Specializing in Housing Market Analysis PART II MARKET AREA DEMAND/SUPPLY ANALYSIS The following analysis establishes specific relationships among projected changes in employment, population, households, and housing demand for the three-year period from March 1994 to March 1997. All of the estimates in this report have been made by URBEK® and incorporate the most recently published population data from the U. S. Census Bureau and Portland State University. The general methodology is consistent with the "HUD-FHA Techniques.of Housing Market Analysis." The housing requirements for seniors are analyzed as a specialized segment of the overall housing market. Local economic conditions influence both the level of demand and the absorption rate of seniors housing. Economic growth and job creation, for example, stimulates in-migration. Employment gains among the non-elderly portion of the work force, particularly those between the ages 45 to 60, often result in the relocation of a frail parent following offspring to other-parts of the country. In contrast, the absence of congregate and/ or personal care options locally can result in out-migration of seniors. The projected demand for housing among all age segments of the population has been developed for this report, with special emphasis on the demand, and competing supply, for the subject development. Housing market conditions also influence absorption of congregate and personal care ' developments. For example, elderly homeowners must be able to sell their residence in order to relocate into specialized housing for seniors. In addition, tight rental markets limit housing choices, particularly for the elderly. For this reason, the report also includes an assessment of current conditions in both the sales and rental markets. II A. Local Economic Trends. In the past three years, the percentage gain in total employment locally has been greater than the change nationally, but the seasonally unadjusted unemployment rate remains above the comparable U.S. rate for the same month. Most of the employment gains have been in trade and services. Estimates of total employment, used in this report, include self-employed and = also eliminate any double-counting among job-holders. Data for resident employment are not to be confused with "jobs". The latter, non-farm wage and salary employment, measure employment at place of work. Resident civilian labor force measures employed and unemployed workers, by place of residence. } v 9 655 FlNeenth Sliest,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,O.C.20005 /1� Seattle.WA 96109 (202)347-6181 SI•J( (206)292-9300 URBEK® Specializing in Housing Market Analysis II A. Local Economic Trends. (continued) The non-farm data do not identify workers who hold multiple jobs; the resident labor force data can. The two series will always differ in magnitude. Many times they disagree in the rate of change. Iris when they disagree in the direction of change, that the analysis becomes difficult. For this report, resident labor force data is used to relate employment and population currently, and in the forecast period.. Actual total employment is shown below, as reported in the 1980 and 1990 Census. An estimated 66 percent of the working age population (noninstitutional population age 16 and over) in the county are employed, which is identical to the 66 percent nationally. TOTAL CIVILIAN EMPLOYMENT AND UNEMPLOYMENT RATE Jackson County, Oiegon "° Troth aa ° va Arnua ange 9� err zit SHE ♦ Apr. 180 51,792 - - 11.6 6.6 Apr. 190 62,704 1,091 2.1 7.4 6.3 Mar. '94 73, 323 2, 655 4.2 8.9 6.8 Mar. '97 78,422 1,700 2 .3 8.1 6.0 Sources: 1980 and 1990 Census; current data from the U.S. Department of Labor; projections by URBEK®. :u Employment growth during the remainder of 1994 is expected to be near a two percent annual rate. During the 1995-1997 period, employment gains locally are projected to increase, as the local economy benefits from a recovering national economy. Employment growth will continue to be in the trade and service sectors. r 10 655 Rtteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suits 414 Washington,D.C.20005 �� Seattle.WA 96109 (202)347-9161 (206)282-9300 URBEW Specializing in Mousing Markel Analysis II B. Population Trends. Total population increased from 1980 to 1990, with most of the gains occurring at the end of the decade. In April 1990, total population in the county was 132,456; as of March 1994, the estimated population is 158,113. Total population change has been the result of natural increase (births minus deaths) and net migration. Among non-elderly, migration trends generally coincide with short-term economic changes. Elderly migration often follows more historical patterns which differ from area to area, but these trends also eventually relate to changing local economic conditions. During the early and middle 1980's, the county experienced near zero net migration of non- elderly. By the end of the decade, with improvement in the local economy, there was a gradual increase in net migration of persons under age 65. Over the same ten-year period, annual net migration of persons age 65 and over averaged slightly less than two percent annually. POPULATION TRENDS Jackson County, Oregon ..�:.. ..S.x-•,x.y„<x.:..;::y2"s.;..,:>::i>.>i��:<::g::^:::>.F ti•2<¢x��; .:�i::..M:n�::.�.;::e>�x.>-.vv'<.:,rz:.s.::;:::,�:.:.: �:�s���t `3t�ar;�� ta,�as2�$$t:�,t)r't f�uL�a ,��:,•ay�`�roq�c',' �`a� y yys,r «�,,.,�, ya,,, l Apr. 180 132,456 - - Apr. 190 146,389 1,393 1.1 Mar. 194 158,113 2,931 2. 0 Mar. '97 167, 063 2,983 1.9 ( Sources: 1980 and 1990 Census; current and projected by URBEK®. In the three-year forecast period, total population will continue to increase. Net migration of both non-elderly persons and elderly will be in the one to two percent a year range. The demographic data shown above were estimated using a computer simulation model of year-to-year changes in population and households at the county level. Estimates of current and projected population are consistent with the employment level and unemployment rate data shown on the previous page. I 11 l 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 L Washington,D.C.20005 Seattle,WA 98109 (202)347-8161 90 (206)282-9300 URBEW Specializing in Housing Market Analysis II D. Income Distribution of Persons Age 75 and Over. Nearly all of the projected 1,809 individuals in need of personal care are one-person households (owners and renters), or are individuals living with children, spouse or other relatives. The projected congregate market of 1,848 includes some couples, but most of this market also serves individuals. Since the vast majority of the congregate and personal care market serves individuals rather than couples, the income distribution for all one-person households age 62 and over is used as representative of the older group of persons age 75 and over. This data is available for each.of the more than all 3,000+ counties. PROJECTED SIZE OF THE CONGREGATE AND PERSONAL CARE MARKET BY INCOME Jackson County as of March 1997 .:a�'ti> <?x' . a;, ..y.^..a,�>;,. • g3$q�, 9 § ar ,"" 3 "° .Il"8yta.� .. aCa �y ? Less than $12, 500 50.7 937 917 $12, 500 to 24,999 31.3 578 566 25, 000 to 37,499 8.3 153 150 ' 37,500 and over 9.7 . 180 176 Total 100. 0 1,848 1, 809 Median Income $12,335 $12,335 Source: Estimated by URBEK using the income increase adjustment factor based on 1990 U.S. Census. The most recent 1990 census data show that the median income for families in Jackson County more than doubled during the decade of the 1980's. Details of changes in income by age group shows that the income of householders over age 75 has been increasing at a faster i rate than the median for all families. The faster rate of increase reflects, in part, the conversion of home equity to additional income savings. 15 855 flReenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 91 (208)292-9300 ` URBEK® Specializing in Housing Market Analysis II E. Household Trends. From 1980 to 1990, the number of households in the county grew at a faster rate than the population. In 1980, households totaled 49,011; by 1990, households numbered 57,238, an increase of 1.7 percent a year. In March 1994,-total households are estimated to have increased to 62,314, or 2.2 percent a year. The increase in the number of households is largely the result of a decline in household size. As of April 1980, household size was 2.62; by March 1994, household size had declined to 2.48, slightly below the number reported for 1990. The decline in household size follows a national trend and reflects the changing age distribution of the population. Locally, household size is below the national average, largely because of a higher proportion of elderly age 65 and over. HOUSEHOLD TRENDS Jackson County, Oregon e..vb 4uw,4.Y..,........, ,;,•u,>-<,:: :<y:>::»:k.�o�.»'s::;wm..>.::...;<., .'.�.:r.4 .4n,.,..:..:),< ,..4,4:,.:.«..:...:a:,.:.;:Sra.- �i$f�r k>xr'.. ..!.<rys.>: _ r.k >xi":'>•" "4',�. : ..,,}:.,>w>•>:o^a;v!:yoi�Y,:..::'.-.:k::.;:<.,..,,.:avE..R�gY! .. . , >'.J���,.yY�..::k}:k':. ... .4.u5. c'a>:Ea...4,.i._tyz.,<..<!>:jYj.<:"♦a1vi:`.:z�:<..,,</:.>�,.+:1.,,yaa:�kw:::.. �<Yxl�v.< � xA �M oli k Ek F�1 �� OFM} 5 � GCI� �.RYN�j �uyo 0 t�pc s 'ekz e..° s 9G'O Q O ....... ..)...°.S'..«. ..Y.:' �'Y^r43".. Apr. 180 49,011 - - 2. 62 2 .75 Apr. 790 57,238 823 3,.7 2.50 2.63 Mar. X94 62,314 1, 269 2.2 2.48 1 2. 60 . Mar. 797 66,208 1,298 2. 1 2.46 2.58 Sources: 1980 and 1990 Census. Current and projected by URBEK®. In the three-year forecast period, households will grow at a 2.1 percent annual rate locally. This rate of growth is above the 1980 to 1990 rate, and near the rate for the past several years. Household size was calculated directly from the population by age shown previously,.after adjusting for non-hqusehold population. The aging population locally and nationally is contributing to a continued low household size over the long term, in part because of the increasing numbers of persons age 65 and over. Often these persons are one-person householders, particularly among the age 75 and over group. 16 655 Rtteertth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 . (206)282-9300 Specializing in II E. Household Trends. (continued) Mousing Markel Anatpis The total number of households in Jackson County is projected to be 66,208 by March 1997. This total includes the following details of owner and renter households by age and tenure. HOUSEHOLDERS BY AGE GROUP Jackson County, Oregon as of March 1997 izi'u.�'.£'?k°•3:��aa.'' L�i!tx`><',?'aga<sgr?:3�UW ".a': }, .C, 4bx"J. �:Qi:: Under 25 394 2,855 25-34 4, 119 5,948 35-44 . 9,315 5,403 45-54 8,336 2,730 55-64 7;647 .1, 600 64-74 8,119 1,687 75+ 6,021 2,034 Total 43,951 1 22,257 Source: Estimated by URBEK®. By March 1997, there will a total of 8,055 householders age 75 and over in the county. This result will useful later in the report to cross-check our estimate of the size of the age and income eligible market for the subject development. i i 17 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suhe 414 Washington,D.C.20005 Seatlie,WA 98109 (292)347.6181 9 3 (206)282-9300 Specializing in Housing Market Analysis II F. Current Housing Market Conditions. Typically, over a five-year period, total housing production will correspond closely to overall demand (owner and renter_combined) after adjusting for vacancy rates at the beginning of the period. The most recent five-year production data are shown in the table below. The average production (excluding mobile home placements) from 1988 through 1992 was 1,241 a year. Net mobile placements (many of these are seasonal units) have added another 450 units annually, bringing total additions to nearly 1,700 units a year. HOUSING UNITS AUTHORIZED BY BUILDING PERMITS Jackson County, Oregon nQ ni lu u z oaKx: .::..:.;... x..r::ia,3:., %4x:'�'^;',n'��f^rou[�`:'W ..,.��:.. aac,b:F%SGdi:.o:i:..� "x: :r3ira?: 1989 1, 376 909 467 1990 1,511 933 578 1991 1, 161 882 279 1992 947 876 71 1993 1,208 1,028 180 5-year 1,241 926 315 average Source: U.S. Department of Commerce, Monthly C-40 report; multifamily includes condominiums. When compared to overall demand for housing during the same five-year period, however, estimated additions to the housing stock have been slightly less than the number required to satisfy household growth and replacement needs. Housing units authorized by building permits report type of structure, not tenure of the occupant. Developers' expectations as to occupancy (owner or renter) can differ substantially from what housing consumers will accept. As a result, building permit data are only a general guide as to actual absorption in the sales and rental markets. Condominiums, for example, may be built for owner occupancy, yet be purchased as investor owned units serving the rental market. 18 655 FNteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 88109 (202)347-8181 (206)282.9300 Specializing in II F. Current Housing Market Conditions (continued) Housing Market Anatysis Currently, county-wide, the sales market is generally balanced. Prices continue to rise at about the general rate of inflation. The rental market, however, remains moderately tight. The renter vacancy rate is estimated to be near. 3.5 percent, as new multifamily production continues to lag increased demand. TENURE AND VACANCY TRENDS Jackson County, Oregon <j;i..w :.Hwr a, "aw' v9,2:bYR:2Y."w,'.as � ..:g..:b'-A. .n @.o«?• r..:c, uw.:Y'$""i.N< 'r, xxc»`F:'i'?>:^n::.gu<::.�:m '.l k ,L"^`." �.`'j, Total Households 49, 011 57,238 62,314 Owners 33,781 37,920 41, 145 Percent 68.9 66.2 66.0 Renters 15, 230 19, 318 21, 169 Percent 31. 1 33 .8 34. 0 Vacant Available 1,803 1,364 1,395 For sale 515 538 627 Percent 1.5 1.4 1.5 For rent 1,288 826 768 Percent 7.8 4 . 1 3.5 Sources: 1980 and 1990 Census. Current estimates by URBEKO. Overall, housing market conditions typically influence the initial rent-up of an assisted living development. When the sales market is strong, prospective residents of an assisted living development are able to sell their homes and relocate. Today, the Jackson County sales market remains strong. Seniors who own reasonably well maintained and located homes will have little difficulty selling, if they choose to do so. 19 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 96109 (202)347-9191 9 5 (206)2112_9300 URBFIC® Specializing in Housing Market Analysis II G. Projected Demand for Housing Based on the assumptions and projections shown previously, the average annual demand for additional housing (projected absorption) from March 1994 to March 1997 is 1,729 units. Of this total, there is an annual demand for 1,096 sales units and an additional 633 rental units. The changing pattern of demand, over time, is largely the result of the changing age distribution of the population. . AVERAGE ANNUAL HOUSING PRODUCTION REQUIREMENTS Jackson County, Oregon 1W. owner Rents srw>.kM �S S > .k114 u t c o >3 y+w o' <oop£ C1 C u s e s"5 .n°wug ` . . � rt 3/94 to 1,729 1, 096 63 .4 633 36. 6 3/97 Source: Estimated by URBEK®. The overall demand projections can be compared with recent levels of total housing production, shown previously. For example, total housing unit authorizations in the county, plus mobile home placements, averaged 1,700 units a year during the 1989 to 1993 period. With caution, recent production data by structure type (single-family and multifamily) can be compared to the demand estimates by tenure (owner and renter), recognizing that multifamily permit authorizations may include for-sale units in condominiums. When the county-wide demand estimates are compared with current vacancies (after allowing for normal vacancy levels) and units under construction, there is a two-month supply of sales housing, but less than a one-year supply of rental housing. Housing market conditions continue to favor the development of an assisted-living property. Note: According to the U.S. Census, living quarters areclassified as either housing units or group quarters (institutional and noninstitutional). Separate living quarters are those in which the occupants live and eat separately from any other persons in the building. Assisted-living "units" are, for purposes of market analysis, noninstitutional group quarters. For the most part, these living quarters are in addition to the demand estimates shown above. A free- standing Alzheimer's development, licensed as a boarding home, is clearly a substitution for j what would otherwise be nursing home beds, or group quarters. 20 655 Fifteenth Sheet,N.W.,Suite 320 1200 Westlake A".N.,Suite 414 Washington,O.C.20005 Seattle.WA 06109 (202)347-0161 96 - (206)2629300 ,� URBEK® SpeclalWng in PART III MARKETABILITY OF SUBJECT DEVELOPMENT Housing Market Analysis A. Potential Market for the Subject Development. Currently, in Jackson County there are a wide range of residential choices available to the frail elderly. These choices range from more than 500 beds among 125 Adult Foster Care homes to the "buy-in" alternative at the Rogue Valley Manor, a life care facility with more than 450 units. The "middle/ upper middle" income portion of the market is served primarily by five rental developments, built since 1975, offering a variety of units from independent living through various levels of personal care. With the exception of adult foster care homes and several small, older, residential care developments, the majority of existing residential choices are in the City of Medford. The oldest of the five rental developments is the Madison House with a total of 84 units. This development now offers both independent living units and personal care accommodations licensed as residential care in a section remodeled during 1984. The very successful 88-unit Royal Oak, built in 1984 by the same developer as the subject in Ashland, remains as an independent living development, though a portion of the residents receive home health care as they have "aged in place". Given their age and location, these two developments would compete in only a limited way with the Ashland proposal. By the time the subject development reaches the market, the newest" section in the Madison House and the Royal Oak will be more than ten years. In contrast, three recently completed rental developments include: the Heritage, Monterey Village, and Fountain Plaza. All three of these developments have been built during the past three years. Monterey Village, with 30 units, offers personal care in small studio units with less than 250 square feet. The 77-unit Heritage, like Monterey Village, serves mostly a personal care market, including six units set-aside for persons eligible for Medicaid. In contrast, the 132-unit Fountain Plaza offers 96 independent units and 36 personal care units is 98 percent occupied. This development, financed by Oregon State revenue bonds also includes 26 below market units (all of the studio units, plus a few one-bedroom units) among its independent living and personal care units, leaving 106 market rate units. The market-rate independent living units at Fountain Plaza offer the most direct competition with the proposed development in Ashland. The current high occupancy among these units illustrates, however, that this market is not currently over-built. d 21 655 Fifteenth Street,N.W.,Sulte 320 1200 Westlake Ave.N.,Suhe 414 Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 (206)282.9300 URBEIV Specializing in Housing Market Analysis III A. Potential.Market for the Subject Development (continued) If we assume all of the 106 market-rate units at Fountain Plaza are potentially competitive with the subject development, the total inventory of rental units, including the subject will be 218. If ten percent of the units (45) at Rogue Valley Manor also were competitive, the total would be 263. Based on the estimated income distribution for persons age 75 and over in Jackson County, and on actual experience in the market area as evidenced at the Fountain Plaza, a monthly payment of$995 (in current dollars) for the basic shelter/ service package is used to calculate the income-eligible market (this rent is the lowest rent among Ashland units). Assuming a cost-to-income ratio of 60 percent for the basic service/ shelter charge, a prospective tenant would need an annual income of$19,845; other units would be priced higher, attracting a higher income market, but consistent with the price for the smallest unit. The total size of the potential market for congregate housing in Jackson County, by income, was shown on page 15. The projected number of persons with the ability to pay the minimum rent, or more, in the market area, is shown below: CONGREGATE MARKET ABOVE $995 MONTHLY RENT Jackson County as of March 1997 • a�� ��+y, > ..z:g:., 'e'$h 1..>.4Y;>,;�'c�.a�,,e.%=""3. kio:�':k:5<Y .... }L� °:^�s�ui':>:� f�>�.zt�. '�S.aye.:..)u,.,`✓»?'u':�{' ' °2° ¢¢aF5' .pyd LA 2: "h R $se «° F £s�sk5inb �, f•aGy..c },�� yyKao���.o S .852 Less than $12,500 937 na $12, 500 to 24,999 578 238 25, 000 to 37,499 153 153 g 37,500 and over 94 94 4 u Total 1, 848 485 Median Income $12,335 $26,062 Source: Estimated by URBEK6. By March 1997, the total number of householders age 75 and over are projected to number 8,055. Using the calculation above, 485 are expected be willing and able to pay for congregate housing -- or six percent of the households. 22 855 Rkeenth Street,N.W.,Suhe 320 1200 Westlake Ave.N.,Suite 414 . Washington,D.C.20005 Seattle,WA 98109 (202)347-8181 (208)292_9300 8 �� .. ...... _. .. ....... URBEK® . . Specializing in Housing Markel Analysis III B. Characteristics of Comparative Units Fountain Plaza 1441 Morrow Road, Ashland, OR This 132-unit development, financed through the sale of bonds by the state of Oregon, opened in June 1991 and includes 96 independent living units and 36 units licensed as a residential care. A portion of the independent units are reserved for below market rents. The site is situated in a residential area convenient to shopping and Providence Hospital. The independent living section offers a variety of studio, one- and two-bedroom apartments. Common areas include a dining room, lounge, laundry room and beauty/ barber shop. The basic shelter/ service package includes: three meals daily; weekly housekeeping.and change of linens; scheduled transportation; and, all utilities, except telephone. This basic package starts at $1,255 a month for a market-rate 455 square foot one-bedroom unit; a similar unit with personal care services rents for $1,670. Occupancy in the total complex is 98 percent. a ' 23 655 Fifteenth Sheet,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 96109 (202)347-a161 �� (206)292-9300 . URBEK® Specializing in Housing Market Analysis III B. Characteristics of Comparable Units (continued) SELECTED RENT COMPARISON Fountain Plaza -- 132-units (with 36 personal care units) +.y p ,T.; .� ♦y , :FY�N.o;y`3'` $:f .,.`.;'=' i-.'.x7ox: , pas 12 OBR, OB 432 $995 $2. 30 90 1BR, 1B 456-552 $1255-1495 $2.75—$2.71 30 2BR, 1B 864-912 $1745-1840 $2. 02 The basic service package, available in both sections includes: -- three meals daily; transportation; weekly housekeeping; all utilities; change of linens; staff on duty 24 hours a day; personal . care adds $415 per month. III C. Under Construction and/or.Planned Developments Currently, there several assisted-living developments under construction, recently completed, in the planning stage, all oriented toward an older, more frail age group than the subject development. Monterey Village, in Medford, is adding a 23-bed building, licensed as residential care, and specializing in care for persons with Alzheimer's Disease. This development will be the first free-standing market-rate development of its kind in Jackson County. Depending on the degree of personal care required, monthly rent levels will range from $2,200 to $2,750 for a semi-private room. Initial occupancy is expected to begin during the first quarter of 1994. In the southwest part of the county, a small nursing home in the town of Phoenix has recently completed the first assisted-living development in the county. This 36-unit development will have 24 studios and 12 one-bedroom units. Each unit will have a small cooking area, but three meals a day will be offered in the nursing home. Rent levels will range from $1,250 to $1,450. Another 60-unit assisted-living development is under construction in Central Point on the site of an old nursing home. 24 655 FNteenth Street,N.W.,Suite 320 1200 Westlake A".N..Suite 414 Washington,D.C.20005 Seattle,WA 08109 (202)347-9191 160 (206)262-9300 Specializing in Housing Markel AnaWs III D. Unit Mix and Rent Levels. The unit mix and rent levels are consistent with the ability to pay of residents in the county. The basic service/ shelter package includes: three meals daily; weekly housekeeping; mini- van transportation; all utilities, except telephone. Subject Development Z'3A< E\T:3,:. c:. A2YSJF iRi:;. vQj� iron`"� Studio 301 - $995 - 50 540 sqr.ft. $1, 185 Congregate 1BR 1B 545 - $1, 195 - 50 living 785 sgr.ft. $1,475 2BR, 2B 904 - $1, 695 12 950 sqr. ft. Total 112 III E. Anticipated Absorption Rate. Based on these findings, there is evidence of an unfilled demand for good-quality congregate living rental units in the market area. With the aging of the population, this market will continue to expand. From initial rent-up in the second quarter of 1995, 95 percent occupancy will be reached in 18 months, an average rent-up of 5.89 units per month. The anticipated absorption rate on a quarterly basis is shown in the following table: 25 655 Fifteenth Street,N.W.,Suite 320 1200 Westlake Ave.N..Suite 414 Washington,D.C.20005 /O I Seattle,WA 98109 (202)347-8181 (206)282.9300 ` URBEW Specializing in Marring Market Anaysu III E. Anticipated Absorption Rate. PROJECTED ABSORPTION RATE 9�' Rya bf py£�F dc3Qp'Dry�Q<kay�v:4.o1�4R ➢'9h ��t,,���s�s �QL Ja�! ,��Qwr.^J'A � E ���F.���t o d �tt�al.,a�3. } Sc � • fYu�kE�oy<r�s do ,�K � ,,�jw,�°n e4' 3rd Qtr. 1995 30 10. 00 27 4th Qtr. 1995 25 8.33 49 1st Qtr. 1996 19 6.33 66 2nd Qtr. 1996 16 5.33 80 3rd Qtr. 1996 10 3 .33 89 4th Qtr. 1996 6 2. 00 96 Total 106 5.89 96 Source: Estimated by URBEK®. 26 - 8S5 Fifteenth Sheet N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,O.C.20005 102. Seattle,WA 98109 (202)347-6181 (206)282-9300 _. URBEK® Specializing in Housing Markel Analysis Gilbert Till, DBA URBEK® Background Information Gilbert Till has over 25 yeas experience in providing housing market analysis services. From 1968 to 1980, Mr. Till was an economist with the U.S. Department of Housing and Urban Development. During this period he designed the Department's first computerized housing market analysis model, which is a methodology for analyzing local employment, population and housing trends. With his knowledge of data sources and methodology for estimating local housing requirements, he provided periodic training to HUD field economists for more than decade. Mr. Till also directed the publication of local market studies, as well as producing a quarterly economic report. In 1978, he was a member of the U.S. delegation to the United Nations Economic Commission for Europe symposium on "Human Settlements Planning and Development in the Arctic" held in Godthab, Greenland. The symposium's monograph was a collaborative effort of the representatives from Canada, Denmark,.Norway, Iceland, Sweden, the Soviet Union and the United States. Since 1980, Mr. Till has been providing arms length professional market analysis services mi the private sector. Currently, from his offices in Washington, D.C. and Seattle, he serves clients (both U.S. and Canadian) in real estate development, syndication, mortgage banking, insurance, finance and government. Mr. Till earned his degrees from Virginia Polytechnic Institute. 655 FlReenth Street,N.W.,Suite 320 1200 Westlake Ave.N.,Suite 414 Washington,D.C.20005 Seattle,WA 98109 (292)347.8161 /O (206)282-9300 RE�71VED APR 8 1994 r�egon 1ECENk; July 31, 1992 AUg 0 3 199A u1:rnlrnn_ r cat 2 TIZAN51'01\' I \I10N CLIFF CURRY Curry CURRY BRANDAN ARCHITECTS 471 HIGH ST SE 1uc11�c:\vu1r151uN SALEM OR 97301 RE: Proposed Ashland Hospital Retirement Home FILE CODE: Rogue Valley Highway (North Main) at Maple St. Dear Mr. Curry: As per our phone conversation July 30,' 1992, outlined below is the information requested in your July 10, 1992, letter to Kipp Osborn. Based on our preliminary assessment due to the time limit, the existing level of service (LOS) at the above intersection for the heaviest. 15 minute period is LOS B without left turn lanes. If the proposed retirement home access is installed across from Maple Street, the projected LOS remains at B for the Highway. Enclosed is data from a traffic count taken at North Main and Maple St. Our traffic counts are based on 15 minute intervals instead of 20 i minutes as called for in the City of Ashland. We have studied the need for a traffic signal at this intersection and at this time, a signal is not warranted. This intersection is currently being designed for constructing a left turn lane for the north bound highway traffic onto Maple St. If the retirement center goes in, for safety reasons a separate left turn lane will be required for southbound traffic on North Main turning into the center. The minimum standard storage length for a left turn lane, in an urban setting is 100 feet. This length would need to be confirmed for the proposed left turn into the retirement center. The typical section for the proposed construction at this intersection is as follows unless unforeseen circumstances change it:. 1-14' center turn lane 2-11' travel lanes 2-15' curb lanes 2-6' sidewalks 78' Total Width . Should you have any questions or concerns, feel free to call me at 440- 3399. Sincerely, Craig Black, P.E. 3099 NE Diamond Like 1"k Transportation Engineer Po Box 1128 Roseburg, OR 97470 (503) 440-3399 cb:rs /0 FAX (503) 440-346; Attachment OREGON STATE HIGHWAY DIVISION TRAFFIC ENGINEERING SECTION TWENTY- FOUR HOUR VEHICULAR VOLUME (lacLsct- Co DATE ...). ol,`F...�R.I.9.1.................. .� .... INTERSECTION O OF�12°hy.o r1da61�.... � DAY OF WEEK .m....:LP•••�,•••� �• _ 1. ACTUAL COUNT (VEH.) .........�.SP....... HRS. �34••••.•••••.••• HOURS COUNTED ......�t7Q!0-..�Q�.Sn......... (Ff�.�.. '��.9.Q�......... . J PEDESTRIAN COUNT ....0. �O••••••••••• HRS. CLASSIFSICATION11�. 11l•Cd•GS................. HOURS COUNTED ...... ........ .14.�SR......... WEATHER ...C.IRQ-A 4...l.R4l!�.................... rI 49 Q No. I I` ( 70TG1 VEHICLES q�J ( I ENTERING 'g 1�0 100 iNTER9EOTION �1 �I ENTERING FROM '78 3 I 0-1 T NORTH 8 90VTH ( Go I I �I I QOI Q ENTERINO FROM a5Z WEST 1 O H PED. TO - - ---- ---- - F0 1551 CL qq� Indicate 1 a5 --l-- w North ---- - 1) a C PED. d i W STREET OR AVE. 1 � � rl Rema COrks: 1(2\105�� --_ j , I C0 Clo Tripox\ �OOtt ---- I ar—I A I cIw \L COI �J - f's__ 7_gam� l05 -� �Z-��-�- � �5"a� k►k. ... . ................Oi ' on DLPARI'Mil- T 01 January 23, 1992 Tlt(1NSPORTAl IOV 111CI MIA), 1711'1~1( l.`; R, Own 2 MR CHARLES TRACY 103 NURSERY ST ° 1 c1i1 ASHLAND OR 97520 Dear Mr. "I'r;rcy: This will further acknowledge your loU.cr of Clovember 2, 1991, requesting the installation of a traffic srgrral at the intersection of North Main Street (OR E 99) and Maple Str-mA in Ashland. As promised, signal warrants wore alr;dn investigated in order to determine if any of the warr;:int:. requ.ireQ for• signalization are met. The result of this most recent investigation still shows that none of the warrants required arc met. at this time. The accident analysis during this most recent investigation continues to show that the major problem is northbound left turning vehicles onto Maple Streett being rear-ended on•t.he highway. It is believed that the proposed left turn refuge project in 1993 will eliminate the majority of accidents now occurring at this intersection. Thank you aguiu for your interest an(I run('c rn in traffic safety, it is appreciated. Cordially, games J. hix . Region Engineer jjg:kdo:ras cc: Steve Hall Ashland 'traffic and Suk.'Iy COrm:i::sicn Mtl,c Anhorn _ P 0. Box/ 1 128 . 1099`li Diamond L4 v Bki. PO Box 1 128 Rosaburh, ()R 9:470 (S03) 440-.3,399 FAX (503) 440-3li,-i n rExHISIT ity of Ashland anning Exhibit' June 9, 1994 DEPARTMEN T OF STAFF TRANSPORTATION HIGHWAY DIVISION Region 3 JERRY SIVEN FILE CODE: PO BOX 670 ASHLAND OR 97520 Dear Mr. Siven: You requested some information on the Rogue Valley Highway at Maple St. project in Ashland. I am 98 percent sure that this project will be let for construction by May of 1995 if the Commission adopts our Transportation Program in July of 1994. If other information is required, please do not hesitate to contact John Read at 6475 Crater Lake Highway, Central Point, OR 97502, ph: 826-1627 or me at PO Box 1128, Roseburg, OR 97470, ph: 440-3399. Sincerely, Bob Aldrich Region Construction Engineer ba:rs cc: Senator Hannon 240 Scenic Dr. Ashland OR 97520 3099 NE Diamond Lake Blvd PO Box 1128 Roseburg,OR 97470 (503)440-3399 734-1829(4-91) FAX (503)440-3465 /07 AUG 3 1 1994 �1Za L:L 1 Ahaand Design Alliance Comprehensive Design Services' Healthcare Commercial-Residential August 30,'.1994 To. Ashland City Council .. I Re: Ashland Community Hospital Foundation Proposed Retirement Facility This•letter is in complete support of the Senior Congregate Care Facility proposed by the.Ashland Community Hospital, Foundation. As Nurses and as Design Professionals specializing in the Healthcare field, we understand the need for a facility such as this and realize what an asset it would be for our community. . j This particular site is ideal for the purposes of this facility. The retirement centers close proximity to medical services;transportation, shopping and recreation, the variety of housing options, attractiveness and practicality of the design-which allow a "senior" population to remain in the community are all:positive attributes for you to consider. We propose that.you fully endorse this project at your next City Council meeting on September 6, 1994.Thank you! Si erely, Casey Mitchell R.tV, F.D.A. Denise Ewing R.N. Casey Mitchell RN - j D- • - \ i .1 i AVG 3 1 iyy, City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve. as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this .project. Your affirmative action on this project would be greatly appreciated. Sincerely, J Name l UL.CAI V1 Address Phone # X09 f1�°( ,}rrggr .r 1904 Vj i City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address Phone City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City .Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, f_ , ame ` Address Phone v, s� l�,a�, ea V W 4e, V Cu ee �� �-�l a►',aQ %..ro cl� �I7ve� CEO re.w���Lk- v �' o%6X U\_o vw-e. w Z_ r�-�t l� v� +Lk-o'+ w asp ta,{e n rego.tsi 1t � l� W e. I/�AN e W enJ1 -t V Y' sLV eV'� t S eat V ' Fore CA��(q . Sv Qs to 1 o s¢D` l'o c�,tig �riJ��t GCS /O ��. AUG .94 City Council �y 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I �J strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland, in I can no onger maintain my own residence, this facility will make an ideal option for me. The proposed facility is clo a �o town and bus service. It is also close to emergency e ical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. 4 R• C'. �rr-aim.¢. Z-0 Name 7 � mace. Address ����`/��" �� U',�- C�-✓�c.�a Phone Ice 4�4 3 v �r�ricco� cry e- �/- /07r-h <i.f�',q//�n/�' p1� aLY -)V•/`/a%ti nc Q— /l/O `/Jf/ �YL il/�/<rw, � 1 City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address a/9z Phone # ��3 AU C• '{ 191�;11 City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to. be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative. action on this project would be greatly appreciated. Sincerely, Name Address � � � o Phone I 114 AUG 2 3 199; I City Council -------------------------- 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care .which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, JA Name +82-r -L S-f- Address Phone # City Council 20 East Main Street l � .3 'jyg • 1 Ashland, Oregon 97520 :1Li Dear City Council: - Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I an a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address Phone # //6 M4 1 ; J City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. -- Sincerely, Name /34 U�c � xwiit,� Addre Phone e G«l/JUAY� Xal) �a"'/"""''d'4'�pG Mph 70 . alt Mt d t Ut, jd // 7- 1004 f --_`-------L L1 ---------- City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence,. this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, game Address z1g,�_-�/ T7 Phone City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council:* Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at MaDle Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will. make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address ............... .._,,.:....---°°..Phone__#.__� f19 li ; 7. City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on_ this project would be greatly appreciated. Sincerely, Name 1042 Oak Kmit 61r. ablf}1dz 97529 Phone # /ZO r. City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would . like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address' Phone /2 / City Council 20 East Main Street Ashland, Oregon 97520 U Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address 17 Phone /22 16 1994 i, City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, ame Address Phone # ✓�J. V` L/ii mil' L fJ�� a-l2 �3 / � ��� City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on . North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address Phone # 124 _.:I City Council 20 East Main Street Ashland, Oregon 0 520 Dear City Council: Please let this letter serve as. notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, dame Address �9�-I- 76 Phone # Zr iU . LJIJ City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, , Nam . (/ G • 7 . .2 .A.s Address w.e OPXA 4 ��C32 bra ,2 0 �h ; � �.. s� Phone /'► ♦ c X4001 !26 .... C,&>h C Von ' �-eku,� c���E;,t "t�lt,,� c� �eL; .�; ice• � '{n} IS cx-+� i'S'•ctiznl-t,� /lRn� �.� Q7hL�.=r..�� \1,',-*,y •v Ci �hs2�, .� l�t v Leh Y �' V1/1'�ll.til Slh'tri ��.� V'] t�1' �N✓� Ct l.U;�l kv� �i.:Sc 4 lcl,inn ti-:lri �7cc��'N.'%4 1 -2 C41 h C� 2c � s�o /Z,8 - s YR f ' Y use u; v �r �, �,e•, CLa�- bL Yt7 �cC-e2A-,�aC.�,,, �- . . ��- •�•; �;-?J �:K, .�O.I�•�-�� rte-.�aV 4�'f. �:;: '/4z Milton and Natalia Padno �y ,,nn '� Jy_n//n• r Ashland,OR 87520 17-7 . t f1 +\ �f If l City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would .like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, N e / / 30 Alt G1X44tz� 97 say Address Phone T-77--,�(� ' a AL i - � zq i City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built.on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, �/•1 w/S /yllCaL.Z41 Name A Address '789- a�G / Phone 130 � rf �,;au 15 1994 1 City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It. is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address �S 686 Phone /3 / '�- AUti 1 { 265 Grant Street Ashland , OR 97520 August 12 , 1994 ------ City Council 20 East Main Street Ashland , OR 97520 Dear City Council : As a 71 year old resident of Ashland , I strongly support a retirement facility to be built on North Main at Maple St . It would be wonderful to continue living in Ashland when I can no longer live in my home. However, the facility presently planned has a very serious flaw. There are no kitchens in the apartments . Never would I give up the need/necessity of making a cup of tea or making a breakfast cereal if I don ' t wish to dress and use the dining room. Even a small efficiency kitchen would serve the purpose but without a kitchen, the facility, to me (and I think if one were to poll other seniors) is unthinkable and untenable ! Please consider this and build Ashland a retirement facility which seniors can really utilize and which would serve us well . Sincerely, cc: Mr. Patrick D. Flannery Director of Development Ashland Community Hospital 13 2 qq i City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name�L��yZ�V�+ Vila y "6&.J.,s� . Address 149/- 0.116 /Phone .cu crc� � ,//Z Q!•AfNt� !v 14�lz�- /LO�fl7j CT�C�L'iLCC�/ '144 ILT / 33 fi 1 ? 14i!() `t: is City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, ame Miles T Armstrong 548 Rock St Apt 11 Ashland OR 97520 Phone # 01 e tl /34 1�!_r f AUu i 5954 City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, s Name s re d �� 97 6-9-VSlp-- 1�-7 g!� Phone # /3 S ----------------------- City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, C--1VLS k !L-" DnStL\ Name 7- Ti Address ys a - 1773 Phone 136 '1 AUG 4 (114 1 City Council 20 East Main Street Ashland, Oregon 97520 Dear City Council: Please let this letter serve as notice to the City Council that I stronaly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, --� e S�.S- �, AA e-;t� Address �/'pzs-9Zl Phone 137 LAWRENCE L POWELL '06 HILLCREST ASHLAND, OR 97520 August 15, 1994 City Council Ashland, Oregon Dear Council Members: This note is to inform you of my interest and support for the proposed senior residence facility planned at N. Main & Maple. I have lived in Ashland since 1912 and expect to continue calling it my home if assisted-care housing becomes available. Together with my wife, some places in Medford have been investigated. But If11 be d---d if I am forced to spend my final days breathing polluted air in Smoggy Bottom! After viewing the plans for the N. Main facility, I am doubtful a better complex could be found. I trust your _...._..................Juugemeno ui Lnla mactier- aiia awn cowacv—yoria ayya uvn , _._.....__ Yours sincerely, /38 108 Nursery St Ashland, Ore 97520 Telephone June 22, 1994 Area Code $y�..tr.l 4•.oc(a�.� 503 UnRej ":t• ine, ' Local Music M&4(c �nl ' �/ gwOORI.O ((82-oj6o ' elwtu PLANNING C00dSSION & TRkFFICE SAFETY COMMISSION CITY HALL, ASHLAND, OREGON 97520 To friends of MY FAVORITE TURN: - Let's be serious about what is best for Ashland and the Retirement Complex. There is a need for a FOUR KAY INTERSECTION at Maple & N. Main Streets. To extend Maple over N. Main for one block aid connect with Glenn, would be easy and cheap to do at this time; moreover, this innovation of the origional plan, should clinch the installation for a traffic light. This revision would mearly shave off the two little stores and place them on the north side next to N. Main on one side and the Retirement Complex on the other side. This would provide the necessary space for the bypass, and an entrance to the Retirement Complex would be accessible from all four direc- tions. This would provide a safe short-cut to the hospital,as well as safety for pedestrains, and save time with a safe move in all FOUR DIRECTIONS. Instillation of this bypass will ease the congestion in the plaza & central Ashland, and make a short-cut from the East side of town, with a safe route to the hospital. The builders must not be allowed to proceed with the origional plan until the bypass is constructed. Perhaps, someone in your department will take the proper action, and offer this revision when the site is reviewed at the meeting scheduled for this July. This FOUR 'RAY INTERSECTION, BYPASS and TRAFFIC LIGHT must receive priority because it is beneficial to the entire city of Ashland, visitors, tourist and all the friendly people in MY FAVORITE TaWN. Sincerely yours for THE BEST OF THE VERY BEST in MY FAVORITE TO'.YN, Charles Tracy ENCLOSURES Origional planning design with marked necessary change Clipping from Daily Tidings with correction on drawing. ^� 1.3g w ica I w"ry atr % HARTIOL tBa0=1093 Astamd, 0mg m 91510 lamas .• t,atw -- cowmtttcaa .••• cokIM+ctau .. tnnunldnrta -- Jtwtia DOWNS 60 ! au . 'yrJU � y�ua � u � u� I.,.,. j Y �y 0. u.u '$ N c. O t. N O .,y V 4; U $.: (! f ✓'� H. NN'y 'yO a a� � � •y•� 7 y �U F�CAy .: 'O W ' • h �111f� a'.: �� w �U �? �h '7 � pp, � SCI U .d t'a � s� GUUO � $ ,a°,8 U Cam ° ? �vy °3� Vg n $ o ° dQ ^1Q � oo v ^ N ° oy . NNa 8 S� ;;y �'. i�. e C a �0 °n � •cOi i° o a 0 z p $ $'•5 a�°� � •o u u O .. g ' a ° a o F�0 coo f C � avi3 �y .u8 .'3u� °c 'acc 5 0H 3� •� tlua ' c �` uc Auo �y � e • 'i C � '� � � � mq � ;d9 � F.�p � O 000 �uog OuE= 005xx ° � ° O� No �0 .2 � aoitlwau °a ° C '3 wsl�c .$ 1 ! d �udd ]d `'d auO •dW Ou c a.9 yb p$ � a' v o o too a � 8 BaQ '8 Cd C4 to a° 2 8u1u MO yy>' �. :;. ' . 8zu ° `" � 'gympgN�o �$A� g7N^' o �" aZ p A 3 w w 3 � 3 •�h:� A 'O .� A �. Q .�.. '� �'.p pOw Ju'Wppqpy7,"���� •�€�°y ?(! i. - a yy v >�. .. �d.5 7 ° i a- u.u N Rd 7 oo 46 .:-� a1 0 ai.a 6. 0. 5 I a W a , 0 O Q °5 O wx 20 A a d A. W" O 0 O . a 8�j�j�• 3�'iSp�C 9vS2 o�•WQ a�1�o�. .�:Q{�5g:'A¢�>d,sU,.'�Oua°N•yb�w y. m.fl5 Y. $aeu1 :y�u'3�°'�`a�5 C�•9C'•g o5a�,.�G.�xa. r��on U�aa3 �ga�o,:���ocua9$�am te'•$�da,d5°s1'i'',w.•5�^ �BI 'C£7?I,.¢'I�O�'II:,�''flu�^`�'.,�5 Q c�' �iiot o.w�u$ �8:>�'i'N �-�Bp4.$a G 'o{o% .°8$ : 4 .81 O Al. Ce9 4 �y ;q t u-> 8 ? 1u••��0 8O.•$'pQppu�°�° o a. 1 ,%la., .>. 4 oo , �° p ° 5 03 . 2 .3 0 �>;'8 aeo J 1 4 � $ � � � I l '6•a O cz5ui 'p g u u� . �l�l8 gQ �o+3 � � w o � � T �a 5 + ;, X - so e < �2 a o :. Q 140 TO ASHLAND PLANNING DEPARTMENT, CITY HALL, 20 EAST MAIN,, ASHLAND, OREGON 97520 IN ORDER TO INSTALL THE NEEDED BYPASS, AND MAKE THE SHOPPING CENTER MORE ACCESSIBLE. TO CUSTOMERS FROM ALL PARTS OF ASHLAND, PLEASE CONSIDER THE FOLLOWING ALTERATION OF THE ORIGIONAL PLAN. THE TWO STORES BUILDING ON THE SOUTH-WEST CORNER, MUST BE MOVED TO THE NORTH-WEST CORNER. THIS CHANGE SHOULD HELP CLINCH THE DEAL FOR A TRAFFIC LIGHT, HELP SOLVE THE TRAFFIC HAZARD, PROVIDE A SAFE AND SHORT ROUTE TO THE HOSPITAL FROM ALL DIRECTIONS, MAKE IT EASY AND SANE TO ENTER AND EXIT FROM EITHER NORTH MAIN OR MAPLE STREETS; MOREOVER, HELP EASE CONGESTION IN THE PLAZA AND CENTERAL ASHLAND. A LITTLE FORESIGHT CAN PICTURE THE MANY ADVANTAGES, WHICH CAN PREVENT REGRETS AND FILL THE FUTURE WITH SATISFACTION FOR ALL CONCERNED. RIGHT NOW THIS CAN BE ACCOMPLISHED WITH MINIMUM EXPENSE AND LITTLE EFFORT. PLEASE CONSIDER THIS PROPOSAL AT THE PUBLIC HEARINGS IN RESPECT TO THE ASHLAND USE ORDINANCE TO BE HELD BEFORE THE ASHLAND PLANNING COMMISSION . IMPORTANT BUT MINOR REVISION OF ORIGIONAL MAP BY APPLICANTi CLIFF CURRY. Minor Change suggested by Charles Tracy for residents interested in promoting THE BEST OF THE VERY BEST right here in ASHLAND, OREGON. JJI� E ///� Tl,IT T I�1 Li I11C lI1 1`, `� i �• \ /••••••• ZONE JIB 6UTE � REMEMENT FACIITY I— 1--- , CgIIAGE. m•o..r 1 z COO) i v ai PgJJECT GA M 6fR � SUI E9': / J VICINITY MAP �� IN STREET THIS PROPOSAL FOR TWO STORES RECTANGLE l � _ BUILDING MAY FACE IN ANY DIRECTION. _ M PLANNING ACTION 92-136 is a request for Site Review and Conditional Use Permit for a 119 unit retirement (assisted living) facility located on the east side of North Main Street near Maple Street. Comprehensive Plan Designation: Employment; Zoning: E- 1; Assessor's Map #: 5DA; Tax Lots: 1100, 3900, 4000, 4100, 4200, 4300. APPLICANT: Cliff Curry /�/ Memorandum To: Planning Commission _ From: Ashland Chamber of Commerce City d Ashland Date: June 14, 1994 Planning Exhibit EXHIBIT_ Subject: Ashland Community Hospital's Planned Retirement Center nA u -%TE STAFF The Chamber supports the development of the Ashland Community Hospital's Retirement Center. Housing for seniors is in great demand in Ashland and a center of this dimension is critically needed by our community. Why should Ashland residents have to relocate to Medford for these services? We believe the zone change to Health Care Zone and the modification of the detailed site review zone boundary is necessary. When the commercial standards square footage limitation was enacted,the purpose was to limit large retail development,not medical, senior services, human services or industrial development. Therefore, we encourage you to grant this application in that it would be an asset to the community. /4L r V Qy ti rN y W .......... _ ... . June 14, 1994 To: Ashland Planning Commission City of Ashland Planning Exhibit From: Darrell A. Boldt 1950 Tamarack Pl. Pn x Ashland, Oregon DATE sTLif Ref: Planning Action 94-081 Dear Planning Commissioners, I regret not being able to attend the meeting tonight and, therefore, have asked that my letter be read into the record. I urge to you to approve Planning Action 94-081. The Ashland Community Hospital has shown a need for the facility. The location, so close to the hospital, is excellent in that it provides easy access by the residence to the hospital. I recommend the rezoning of the parcel from E1 to HC for the hospital use. I also recommend a modification to the Detailed Site Review Zone boundry to permit this complex in its proposed size. In my discussions with some members of the Commercial Standards committee that developed the zone standards, I have found that the intent of the 45,000 sq. ft. limitation was aimed at the large boxy construction frequently found in large retail structures. The nature of this project's design in how it is divided up into three buildings with several facets does not have the massive box appearance. It has more of a residential appearance. I think the style of structure is quite compatible with the surrounding neighbor hood. I would also recommend that you not require a traffic light at the Maple and North Main intersection. As you know, North Main is a state highway under thejurisdiction of the State Department of Transportation. They have determined that based on the volume of traffic, the continuous flow of traffic and the infrequent interruptions of flow, and the low level of accidents at that intersection that it is a Level of Service B and therefore does not justify the installation of a traffic light per their standards. They will not be willing to install a traffic light. They have agreed to install a center turning lane at the Maple intersection. That is in process now and should be installed soon. If you require a traffic signal and the state refuses to put one in, you are imposing a condition that the development has no control over and can not meet. You are, therefore, denying the Owner the rightful use of the property. Again, I urge you to approve Planning Action 94-081 Thank you Sincerely, Darrell A. Boldt JUN 1 4 1994 ROBERT L. EDWARDS 1001 Pinecrest Terrace Ashland, OR 97520 488-0115 June 13 , 1994 Mr. Michael J. Donovan, President Ashland Community Hospital Foundation P.O. Box 98 Ashland, OR 97520 Dear Michael: Charleen and I wish to express to you in the strongest possible terms our support of the retirement center which you are planning to build on North Main Street. We moved to Ashland from upstate New York nine years ago because of the stimulation provided by the college and the many cultural opportunities which are offered here. These advantages have met our every expectation. Our five children are scattered literally coast-to-coast, so as the years pass we must plan to move eventually into a situat- ion where health care is offered. We are very hopeful that the move may be made to just such a facility as you are planning. We do not wish to move to Medford. Not only will our retirement dollars remain here in town, but substantial income will also come over the years from our five children and eleven grandchildren who will continue to visit. Facilities of the size, quality and scope that you plan to build do not now exist in Ashland and we earnestly hope that you will proceed with the planned construction with all possible speed. Sincerely Robert and Charleen Edwards Ashland Planning Commision City Hall JUN 1 4 1994 Ashland, Oregon RE: Retirement Center - North Maple As a Senior Citizen, builder/property owner living above theHospital/maple St proposed complex, I strongly agree with the concept of a retirement community but not this particular site nor proposal of land use at this dangerous traffic intersection. 1. I agree with John Fields concern with the enormous trafiic dangers at Main and North Maple right now and any futre increase in traffic. A walkway over n. Main? for the seniors, a rear exit for a secondary access? PLEASE 2. The density and height are ridiculous for seniors whose major impediment is Arthritus. I see no mention of a heated pool for bathing and lap swimming (covered, year round)Ashland Hospital removed the gift pool from the Schneiders for more administrative space. A new one is a must for any care facility for seniors. 3.Michael Sandford' s letter to the editor was to the point. Why do we even think about competing with Medford' s Medical facilities. The Ashland Hospital Administration and Foundation need to reassess and think of COMPLEMENTING facilities not competition witchinvolves duplicating expensive machines and higher health costs direct and indirect. I favor improving emergency and Birthing and dying services, well clinics.----How about a Death and Dying Hospice in Ashand to show we care. Do we have one in Oregon? 4 . Please think of the senior citizens when you consider this project and the people who will service and visit them! ! !.! ! ! The Rogue valley Manor Olympic pool facilities do not allow non resident seniors to use their pool or excellent therapy rooms,will this be so for we senior Ashland. residents?,-- Ellen G. Austi 521 Thornton Way June 13, 1994 Ashland,Oregon ( 503) 488-2474 r � i /47 AIN Judith H . Uherbelau 69 Manzanita, #2 Ashland, Oregon 97520 June 9 , 1994 Ashland Planning Commission City Hall Ashland, Oregon 97520 RE: Planning Action 94-081 Applicant : Cliff Curry / Holiday Retirement Center Dear Planning Commission: At its last meeting , the Ashland Community Hospital Board, of which I am a member , unanimously approved a resolution in support of the retirement facility proposed by Mr. Curry. Un- fortunately, I cannot be at the Planning Commission hearing on June 14th, as I have a prior commitment , but I did want to share with the Commissioners a few personal thoughts I have concerning the project . At this time. Ashland does not have a retirement facility along the lines of what is being offered by Holiday. The choices available to seniors now living in Ashland, if they want to re- side where they can still live independently but yet have certain amenities, such as food service , transportation, etc. , available to them, lay outside of Ashland. We not only stand to lose these very valuable members of our community, but Ashland also stands to lose their purchasing power. How much better to have a facility that accommodates their needs where they are already a part of the community. On a personal level , I know that my family would like to have that option for my 82-year-old very active and independent mother who lives in Ashland, if living in her . own home was no longer viable . I would ask that you give very thoughtful consideration to this proposal . S ' rely, J ith H. Dherbelau JHU:kn " I�b john fisher-smith Sun, Jun 12, 1994 City Planning Commission JUN 13 1994 Planning Director City Of Ashland Subject: HRC Proposal for Zone Change and Boundary Removal. References: 1. Commentary by John Fields, Ashland Gazette, June Issue. 2. Curtis Hayden Article, Sneak Preview, June 8th. To: Members of the Planning Commission and City Planning Director I am a Registered Architect and was in charge of the planning of two senior citizens communities of 200 plus units in the 60's while working for the firm of Skidmore, Owings and Merrill in San Francisco. I know how crucial are the decisions about size, budgets and costs. As an Architect I know there are many decisions and considered choices made during the planning phase that have a lasting and irreversible affect upon the environment. In both projects we had large sites in the country to work with. In both cases we assumed a fit clientele who would find it healthy to walk between the residence units and the dining/social facility. In both cases we were concerned with scale. We did not want anyone to be able to grasp the size of the project at a glance. We kept the roof lines low and broke up the spaces into interconnecting gardens and courtyards. We were working with a campus project. We never exceeded two stories in height. From what I have learned from the subject proposal it qualifies more as an 'old peoples home' than a retirement complex. The buildings are massive and urban in scale. It is assumed that the residents will be enclosed in three story buildings like a hotel—an indoor environment of corridors and elevators. I think it would be a tragic error for the City of Ashland to be swept away by the Hospital Foundation, as if this were the only use for the site. This proposal is totally out of scale for Ashland and for its location. Both the changes to the E-1 Employment Zone and the DSR Zone floor area limit were specifically designed to prevent this type of misuse of city land and view scape. While it is human to want to cooperate and help out our friends, the commissioners will be aware that no amount of redesign or bending will alleviate this problem. The scale problem is fundamental to HRC's proposal. What is needed is for the Hospital Foundation and the City to conduct a study of all the lands surrounding the hospital to evaluate what are permissible uses that can be profitably built in this area at a scale consistent with the City of Ashland. I urge the Commission to refuse to grant both lifting of the E-1 Boundary and waiver of the 45,000 SF limit. I agree with John Fields of Friends of Ashland that the area limitation is the essence of the DSR Zone and was specificaft intendejEto AWvent 12roects of this scale. Sincerely; John Fisher-Smith, Registered Architect #2437 p.o. box 1283 ashland, OR 97520 (503) 482-3269 /49 JUN 11 3 1.994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name 72S7k� ? 7 Address Phone Pie- ,gee- 5t4e- ° �" 'o e aayw000e::iro....a.,w.,.i. ..w...... ...,.w y.,..v .:.. .,....a.s..:.;.un .. ...,..+.,. :.. ,.a...>.. .. :..... :.. . ..: ..... ..�.... .,,.:..x ...... _ J U N 13 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. ��� „�. C.a�_� l--c-c-V I-t LL� Ivf2ol`aJ ��ly � � `� � o 7 �a_Q�.�-ter-✓ n 5S , `w Address Phone _ I _ p ® . Al -ION 1 3 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, d dag Name �-8 z T�►y I o� s+. Addre s 4-82 -59LF5 Phone # /SL Brent Thompson P.O. Box 201 Ashland. Oregon 97520 JUN 13 f9g� 10 June 1994 Ashland Planning Commission 20 East Main Ashland Oregon 97520 Re : 94-081 To the commission, Because of the undesirability of walking on North Main due to the heavy traffic, I believe that the applicant should seek an alternate pedestrian route to the physicians offices and the Breadboard Restaurant to the north. The pathway could terminate at the northern most point of the parcel and connect to a pathway along the rear of the adjacent parcels . I don' t believe that the applicant objects to this proposal , and the owner of the Breadboard, Tim Richardi , indicated that he would be in favor of such a pathway. I believe that another connection can ultimately be made across the Glenn St parcel to the south towards Lori Lane. I believe that the applicant is in favor of this also . Further, I believe we should plan for a pedestian crossing over the railroad tracks to connect with quiet village . That access could be restricted by means of a gate to daylight hours , but we do need it because Quiet Village remains too isolated. Thank you for considering these ways to reduce the amount of vehicle trips generated by the proposal . Sincerely, Brent Thompson /5"3 June 7 , 1994 JUN 13 19% Ashland Planning Commission 20 E . Main Street Ashland, OR 97520 re ! Planning Action 94-081 As a long time advocate of senior issues , I wish to go on record as supporting Cliff Curry' s proposal . A very real need exists for the type of facility he wishes to build. To my knowledge, no residential facility currently exists in Ashland for relatively independent seniors that provides such things as three meals per day . For elderly persons no longer able to manage the responsibilities of a house and yard, moving to such a facility can have both physical and psychological benefits . Sincerely , �&�well Madeline Hill P .O . Box 1334 Ashland , OR 97520 �S I ,I 108 Nursery St I it I I o. Ashlandd Ore 97520 I , Telephone Area Code June 8, 1994 Sy��.l A.::ot.�d 503 U-i1sd n".`: 4 L•• Local Mu.ic M.4ia i 'WORLO 482-0560 CL o thu 8c, Mr. Chuck Butler, Chairman Special Project Committee Ashland Community Hospital Foundation 280 Maple Street, Ashlandl Oregon 97520 Dear Butler: - Please review the inclosed letters about the need to extend Maple Street. Since you are familiar with the facts and terrain about the location for the planned Retirement Residence, and in an'authoritative position, you must be aware of all the advantages that a four 'way intersection has over the proposed refuge, and how extending. Maple Street will more than double the need for a traffic light at this emergency exitp so please present the proposed revision of the ori.gional plan: at the''June 14 meeting for the Planning Commission. Sincerely yours for THE BEST OF THE VERY BEST in, MY FAVORITE TOWN2 Charles Tracy CC/ Administration & Mayor MY FAVORITE TOWN CC/ Chairperson Barbara Jarvis, PlanninF Commission MY FAVORITE TUNN CC/ Holiday Retirement Corp CC/ Editor Daily Tidings I I i ' • � Inl �R { � { 1045 AW-7 I Lt[.LL 0i10p I IIA.n1m• oretm 91$20 I, {{ {N I7A0AL4 .. URICS • COMVSITIW .•• C0NUMIAL7 Le UMENxrs « JMLIS « D93MI S I: Y 5 g w ^Fm a< c f Oaw<n°•v Ho5•�ti^r wo N Oa•o e�n^ 0 pco`a3.b o O H Ha°,�C>")•�Hga.��b+ cA d' °5 .97 ....p°p+' cE E� °92 y�9k BO+ ,p✓t�no:cd�?!i$�E�^r:.�. o� : y cy^Fy^r.w 0 z EE^ ° ,a0 ° m ° C a ' '.: 5 - o. E $o 0 °° A o. o „ e &°ot:r0 O I+ Q � a . rvm 5 Er O . ^ Er. E w 0R E C rm 99 .o ,0 0 g�rn�6 oc".°�g.^°•`°�o rn w2.°, od�a`�°4^m 1e o n' S. ao5 wR• Da c .. O �ro �c3+ g Ow •n ° � . p g o H a c a ?c^ a r mE w a0 ' E �a EL o ( •S : y^,^ � o 0 C, t:r °; 0 7 o S ^ 1'� 00 v:e r 0c c cs .^o� a S ti � .< "' y =• `� co .�C.. N C° w �, o a tr] � 8 c° R• C3 : .1'-m 0 �w y ° a000SN go5' � Lx1 �' GF ., 00 G� ° Dorn �i co fin° o� aP+'ESo0 6a � ° da o :^;; ,r...M�'� p0<' E °,°oo: �' ., `e a.wee : .» w a m F'o °' R •e 5 •e 0, tt55 eo gg S °^co5R�X�°`a i" a •c°i'R Rm �Q.+', E cd < o° °ssP g N oa 'F^I IC a r a -0 "" go, 13 O 0 0 14� M13 r p , r R' 1 - N 0 �+.p8R HH . F in`eOOE ,C m � u 6 E. tJd"oKw ^°� c. 6' A w N g zn m-o z Q d E Oa E'8 <Q ! avKnn EccG� <• " 0m° a ° oEr° `4 r a _• an w5 i n ' wG ° � �' � 6 � 00 oEEcB c' H Er rA �° c.� c a 5 cw n ° c3 ° a3 cap H n �. �' O H t5•. p J. a O'G .00 C �' �' .�' � �i � 11. . �' aGp oE.R� ca- F Fr S. g• ' 5'° c <9a � N' �`� c O o `n' to a a. �. E �, c &' o ' t III ..;, � w Oho °c w p no g n acs, � r p ° m H H • w o o y o a gw° p °o °o a �^ o.G °� S �t • �yi '� d o rnw � -ow 0.p = 8 o o g;'am w a :�J ' �.�' t 1 9 co A °, _ g ° 9 2- F- 9- 60 ,�� o Fo' i ' 1 4. „ c"° O ° v' � � `E° c oEnE ? rA \ i � c°Co ? 0 'A � an a S woRo' OE'p,~d 9 o' �rC. < & O° rr g G°' S' n '� G:••: �' ° a p ii ;li, f� •i O N Fo w w ^ a ry N � "�» t^ �' ”'".�. �;: i •j: q ' �1 '• c: 0 °° ° i . /J � TO ASHLAND PLANNING DEPARTMENT, CITY HALL, 20 EAST MAIN, ASHLAND, OREGON 97520 IN ORDER TO INSTALL THE NEEDED BYPASS, AND MAKE THE SHOPPING CENTER MORE ACCESSIBLE, TO CUSTOMERS FROM ALL PARTS OF ASHLAND, PLEASE CONSIDER THE FOLLOWING ALTERATION OF THE ORIGIONAL PLAN. THE TWO STORES BUILDING ON THE SOUTH-WEST CORNER, MUST BE MOVED TO THE NORTH-WEST CORNER. THIS CHANGE SHOULD HELP CLINCH THE DEAL FOR A TRAFFIC LIGHT, HELP SOLVE THE TRAFFIC HAZARD, PROVIDE A SAFE AND SHORT ROUTE TO THE HOSPITAL FROM ALL DIRECTIONS, MAKE IT EASY AND SAFE TO ENTER AND EXIT FROM EITHER NORTH MAIN OR MAPLE STREETS; MOREOVER, HELP EASE CONGESTION IN THE PLAZA AND CENTERAL ASHLAND. A LITTLE FORESIGHT CAN PICTURE THE MANY ADVANTAGES, WHICH CAN PREVENT REGRETS AND FILL THE FUTURE WITH SATISFACTION FOR ALL CONCERNED. RIGHT NOW THIS CAN BE ACCOMPLISHED WITH MINIMUM EXPENSE AND LITTLE EFFORT. PLEASE CONSIDER THIS PROPOSAL AT THE PUBLIC HEARINGS IN RESPECT TO THE ASHLAND USE ORDINANCE TO BE HELD BEFORE THE ASHLAND PLANNING COMMISSION. IMPORTANT BUT MINOR REVISION OF ORIGIONAL MAP BY APPLICANTS CLIFF CURRY. Minor Change suggested by Charles Tracy for residents interested in promoting THE BEST OF THE VERY BEST right here in ASHLAND, ORTON. \�� /�O,T^�\\ �/'�I=I I'T��LL}j11IL�J�J11'I IC�•I ITL_I7] ���� rc )Ib SUTE �I�!_.. MEN C T FA 41TY ., 'kn' M I1nGR CTE 1 GAI GEN SVI GS VICINITY MAP ' M jN $TREET. 5 ITT HIS PROPOSAL FOR TWO STORES RECTANGLES UILDING MAY FACE IN ANY DIRECTION. — 4 PLANNING ACTION 92-136 is a request for Site Review and Conditional Use Permit for a 119 unit retirement (assisted living) facility located on the east side of North Main Street near Maple Street. Comprehensive Plan Designation: Employment; Zoning: E- 1; Assessor's Map #: 5DA; Tax Lots: 1100, 3900, 4000, 4100, 4200, 4300. APPLICANT: Cliff Curry /177 Planning Commission 20 East Main Street JUN - 8 1994 Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, 1,441 104 _ Name Ad ess Phone # i sB 1UN - 81994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, i Name Address hone JUN ° 8 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that, I strongly support the proposed retirement facility to be built on North Main at Maple Street. I an a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name a 1 Zc cN ✓���/ �� Address ¢AZ-- 4Zo Phone # 160 i 11 P� 8 19% Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maole Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address i Phone ¢ 161 ATN ASHLAND COMMUNITY HOSPITAL June 6, 1994 JUN - 1 1994 Barbara Jarvis, Chair Ashland Planning Commission 20 East Main Ashland, Oregon 97520 Dear Barbara, Enclosed is a Board of Trustee Resolution regarding the proposed retirement facility at North Main and Maple here in Ashland. The Resolution enclosed was approved by unanimous vote by our Board during its May meeting. This is to ask that this Resolution be shared with Commission members in your packet for the June 14th meeting. It is my understanding that the packets will go out this Friday. If you have any questions, please feel free to contact me. Sincerely, James R. Watson, Administrator JRW/gdc cc: Stephen B. Lunt, Chairman, Board of Trustees 280 Maple Street P.O. Box 98 Ashland, OR 97520 • 503482-2441 162- 'IN 7 1994 ASHLAND COMMUNITY HOSPITAL This resolution expresses the commitment of Ashland Community Hospital to provide a retirement living facility in Ashland and supports the Ashland Community Hospital Foundation's activities. WHEREAS, Ashland Community Hospital is committed to providing medical services to the senior community, and WHEREAS, Ashland Community Hospital Foundation has undertaken the strategic goal of the Hospital to develop a quality retirement facility in our community, and WHEREAS, the results of the Foundation's efforts are expected to result in a financial benefit to the Hospital's future viability. NOW THEREFORE, BE IT RESOLVED by the Ashland Community Hospital Board of Trustees, as follows: Section 1. That the Board of Trustees commend the Ashland Community Hospital Foundation for agreeing to undertake the retirement living facility goal of the Hospital's strategic plan. Section 2. That the Board of Trustees strongly supports the retirement facility as designed and location proposed. Section 3. The Board of Trustees affirms that providing this level of service to our seniors is of paramount importance and that having the facility in close proximity to existing medical services is desirable. The foregoing Resolution was READ and DULY ADOPTED at the regular meeting of the Ashland Community Hospital Board of Trustees on the 24th day of May, 1994. jXch4ad'rCf-A-. Nicho Secretary , /7 SIGNED and APPROVED this 6-e4 day of ✓u.vE , 1994. � en B. Lunt /63 JIJN — 7 �yyy EDMANDS UPTOWN PAINT and PASTE 667'/: N. Main • Ashland, OR 97520 • 482-8580 r cs� �e-Pcti yt^E� p—F Iv_ 187 A-) u w CDV..V'eU.gP�AOb— IACr.A-� UUIV..S c�V- 1DotT�2�l�c�.�� O V� �a 1 f , �fJC� VWSeQ"� \ �p-ck- f-P- I%-AI--P- \n A JI.Ji ♦I r.\V Vtia-C-Q— au c w(� Pow 4D -L�' 1f� lL A L�A j \ _l.5 C2.. 2sz— C— �JV�Iy cv' 4 -6A F"D YT2 c(k-S Q/rj a a O V-CA7 �4 Q n L?c2 t'Y 667 /65- _,dun<Y I � �t ea ,n JUN O MAI 7 70'. nn <� COrnmi.]�,on frCVn: I�.eY.]L,,p f1,11(:r the ".F ' inu oposcl not Me rbuwnOn a renrcmenr 4nq neectea .n rhia . C4r,man,f�, rr ;he " hew ip lJa-tln 6la e'ii,en�n9 and _ be(,RAM, !-of 10,3 <, 4rc pa,1-(uAlar po'n 6 'that -ha.tca tne. ern5,a e.�e ct :. 0.,.a re;aot ucd ph•,a app, G per"k e deF'aled Sle. rev,eA., zone 1 wee. 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Ire(fio - G Cegl.}Qf,�ailJ( )e:at,rr,ute oP .]Y7 m[+re vc hole . +Y,po da.(,d a( iY,at 5twt u•+h !2^ s,h ,c l wk 4 iv e1x. f,oS�.Ca( ' We knot 4K at o }f4(Ri (eve-1p are horre.r aouot�j 1�,5h moz,k fee opte. do not (a,< to iolc a(e e.c(n a C IE-„el .. : �Ihb 1�lerx l*,on Can n.M accornnodcce mcuc CCt)J,f`p , es�nc ai(� c bus 5(op o pcaesraan X-v:5 hi older people.. Q Second ecj reo5 XOnI <he �rC?Je Ct n'ubt' IJe de s,9ned. One bOt((enect. 'al <he elltla-nee Cq.cld be cl,s G-lcoD-5 if an e✓v,es5cocj ve6„cle t-Kre. t,'cfp,d. /67 1 J , . .. �.S:9n .�{"C�rcd ard5 - i�ne ju_Ik ¢rid Scale '+� Jhb . .. QV aJect a,Q IVe Ch Grader anm QpPuv- . (into. O( clhE„' ti n,of hOUSiti5 :Y L�Cu Ime.'U.. Thu a <SpCC - tall the c ,., C- h,c.+i fnera rt hd".;c a :!;±::r::y:i:�'�"�i?::•,y �..' :'• ;:E>rv'c: 'i:e : :'•�'jiie. `� ase I zmes. � � � Kates aloo rc a pe Ua a �,ne yes. (ld mrl�ed ly , �h¢ QICnn Vi hla r� Ct].�GlD m�ntwry nepar,by d0 Look S,m,tar - a Io�� cml.nucu3 for im:�5 l.ke L-,CAI. `Jltf "rvm hq,e+'.ilvj, rot that J_,e ,.-Ja..t irrhey are not cemfxU- NC u•IF, +he are a e abet C."t or e v the 4et,.kty. 71)e tAc4tq Slit.ua ands Jinitf Ma..ticlate tk.uta,,05 - . JMGIIG vina•n Gj" coo �5y e SM 1..t115 of MnO:' bon fi" �n IL.�yfL�, afe ♦ti nSwe thRi ne;.) c9'+.Str r.tt,Cn J�tS 'I' C' eharac*ce cu,a ecacafoi,�hed pa Kerns >(- Me cJ9 Lets" use. i'r,e:,e. ad�tiance5 fo dne beneCf 91: oll. 3. liecedenc<. - 7h,� MaJ i...•cll be the {first of 5eve,al .. laycpooa'S (or ca'?. senior rewicrcc �Lc.Lf.e•i '•; ,A:,thlgM. If the 61a7i,ca. t fe :C)t\QT 41e. rutc5 icfcne Phe hpr(e.l, � '- It�naz the ba(bc CpneMnS 4na ecceec) all slre �im,14h.On5r ho'J Is . .. .. Can J4x, ord,,4nce� lx en eed n«✓• fim6 ' L bellc!+e the. �voje.t can ba �io-v+ bene"(i cw.( find Pto�lu+oie . Lj,,ikl :)i it mee4,4 the S:X&nAdr•do 04 vhe (0�. Yh-¢nk yo,A. /6B v,. . ... .. JUN - 7 1991, Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name 3 � Address V9.7 13 Phone 7 S, AzIle P JUN Planning Commission 1994 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Nam J r Address Phhone # / / 1 Fay ; A* , 00, / na.n /7a JUN - 6 19,% Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name .� Address Phone # JUN - 6 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address ' Phone f /7Z JUN - 619% 3 June 1994 Planning Commission 20 East Main St Ashland OR 97520 Gentlemen and ladies As senior citizens residing in Ashland , we are well aware that retirement housing for seniors in Ashland is not presently available (other than for seniors of limited income . ) We are concerned as to the lack of housing of this type in Ashland and , therefore , strongly support the proposed retire- ment facility to be constructed on North Main at Maple Street . While we feel there are some disadvantages to the proposed facility , we feel that the advantages far outweigh the disadvantages and , accordingly , urge that the Planning Commission approve the construction of the project . Yours truly Carl P Strand Jean R Strand 1070 Terra Av Ashland OR 97520 /'73 Planning Commission 20 East Main Street Ashland, Oregon97520 SUN " 3 1994 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name �Erlpr iT, Address Phone # 1741 Planning Commission 20 East Main Street Ashland, Oregon97520 ��� 3 198E Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main. at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, ame Address f ' — c"'S/31 C) Phone # 7S" - Planning Commission JUN 3 199 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I stronaly support the proposed retirement facility to be built on North Main at Maole Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, 0 i Name AdStess Phone # / / 6 JUN - 3 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name a g 3 19LI. Aaddress .µ r� Phone I p _ciao J71 /77 JUN -- 2 ;�yu Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very. reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, yZ cti - m Address Phone # �7� JUN ° 2 1991, Planning Commission v �� �c�, l 20 East Main Street I Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I stron 1 support the proposed retirement facility to be built on ort Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name �C i C1/-KIICiv� Address 1F- z ar;I Phone j 179 JUN ° 2 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, /me Address Phone # /go .11!N _ 2 1994 Planning Commission `' 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address Phone J �8 JUN W21994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, i Name Address ` Llfa -a1 ; a y Phone # /B2 JUN - 2 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name .56 Address Phone I �n JUN ° 21994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. when I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address 'fro? —liJ Phone $ /62 JUN - 2 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, c�Name # Address 746 ell Phone DRESCHER & ARNOLD ATTORNEYS AT LAW 300 E. MAIN • P.O. BOX 760 ASHLAND, OREGON 97520 ALLEN G. DRESCHER, PC. TELEPHONE (503) 482-4935 G. PHILIP ARNOLD May 23, 19 9 4 FAX (503) 482-4941 Ashland Planning Department J�r p 1994 Ashland City Hall Ashland, Oregon 97520 Re: Planning Action No. 94-081 Applicant: Cliff Curry Dear Friends : I simply want to share with you my recollection of the original proposal to the Planning Department by myself and Jim Ragland, acting in behalf of the Friends of Ashland, concerning what eventually became the commercial development standards ordinance. Our original proposal was that the size restrictions would apply to any commercial development, excluding non- profit entities such as the college, the Festival, the hospital, and the YMCA. I did not serve on the committee that developed and drafted the ordinance , and I am aware that the final product does not reflect that original intent. I would urge you to exempt the applicant from these use restrictions . Thank you for your consideration of this matter. Ve Za AGD/amy Pat Flannery Allen G. Drescher, P.C. Ashland Community Hosp. Foundation Jim Fields, Friends of Ashland �8 l n' May 31,1994 Si CONSTRUCTION COMPANY, INC. � '• `'+ - i lyy4 Ashland Planning Commission City Hall Ashland, Or 97520 re: Planning Action 94-081 Applicant: Cliff Curry I want to reiterate my support of proposals of the type submitted by Mr. Curry. They will definitely benefit Ashland seniors and our hospital. signed edinger copies to Jed Meese, 88 Granite Street, Ashland Kurt Knudsen, Attorney, 622 Siskiyou Blvd., Ashland Allen G. Drescher, Attorney, 300 E.Main Street, Ashland Michael Donovan, 1120 Beswick Way, Ashland Stephen Lunt, P.O. box 923, Ashland P.O. Box 702, Ashland, Or. 97520 Telephone: (503) 482-3961 /c9,t JUN - 9 999# Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name 7 Address Phone �/ /L _P� /(. /� / ={-c��Z.C-»:-C�✓" /}��C2�C%CtiC/�' . J , i/ X86 JUN � 1 194 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. when I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Since r 1 , c D � SHi4,e.aN Ltl-SrcoS Name 171� LD ef2- Address �Z CAS Phone # 187 J1JN ' 1 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Address Phone .9- J eD � '-4` �,te�e ,, Aid /86 J U N - 1 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name/ Address `ff12 '3!.? e- Phone # 189 JUN - 1 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. when I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name Mlles T.Armstrong 349 Rack SL Apt 11 .. Ashland,Ora 97320 — A414L Phone # /90 JUN - 1 1994 Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, tJ A N P- ao b rZ_ Name 5 2 7 tLn .Ac 4_ Address Phone /9 / i ,JUN - 1 19% Planning Commission 20 East Main Street Ashland, Oregon 97520 Dear Planning Commission: Please let this letter serve as notice to the Planning Commission that I strongly support the proposed retirement facility to be built on North Main at Maple Street. I am a resident of Ashland and would like to continue to live in Ashland. When I can no longer maintain my own residence, this facility will make an ideal option for me. The proposed facility is close to town and bus service. It is also close to emergency medical care which is very reassuring. Please help the seniors of our community and support this project. Your affirmative action on this project would be greatly appreciated. Sincerely, Name -D- '3 1-1 1 i S Address Phone 6-4 6t'Act cJ sGQO k / yZ RECEIVED MAY 2 6 1994 Ashland Retirement Complex- Is it too much of a good thing? John Fields-President, Friends of Ashland 845 Oak Street Ashland, Oregon 9720 482-8442 It is an interesting problem when you feel obligated to criticize a planning proposal that in principal you support. When I had my original meeting with Cliff Curry(Chief Architect and investor) and Pat Flannery(Director of Hospital Foundation)to view schematic drawings for the retirement complex planned for North Main street at Maple street, I was struck by their enthusiasm. They had formulated a plan that had all the bases covered. Thev had an unsinkable project that was professionally packaged and was politically supportable. They must be commended on their eIIorts to draw in the community's support. They sought out opinions of the neighborhood, and solicited those who would like to live there. They identified their market niche, and proved to me beyond a shadow of a doubt that this type of Retirement complex is desirable to our community. I am not convinced,however that the size and scale of this project is acceptable, especially at this particular location. I had the impression that voicing an objection would be down right tmAmerican, and felt as though I shouldn't speak out against "MOTHERHOOD, FREEDOM AND APPLE PIE"! At the first planning commission hearing on May 10, 1994, I felt how seriously I had underestimated their footwork. The Holiday Retirement, Inc. had the support of the hospital foundation. 'The foundation is committed to the success of the hospital: encour- aging financial viability,broadening its services and reinforcing its expansion. To bring higher quality healthcare to Ashland, we must compete with Medford. To remain competitive we must expand the range of service. With the shifting medical care policies, we must be in the forefront of this highly competitive market. Those members of the foundation speaking in favor-of the project are active members of the business conmrunity. The hospital received the parcel as a donation, and they would like to maximize the return of the bequeathal. The opportunity created by this development is twofold. First: the hospital will receive 4 million dollars over the next 60 years according to the lease terms. Second: and more importantly, the hospital will gain a large market of eighty year old plus people within two blocks. Seniors who have lived in Ashland, or have moved here to be closer to family have in the past had to move to Medford to attain the kind of services offered by this complex. When they have needed hospital services, they have been transported not to Ashland Community Hospital for care,but availed themselves of the more sophisticated services ofRVMC. If this complex is developed,Ashland Community Hospital would provide these services along with ancillary care that would involve visiting nurses, caregivers, physical therapist and other services that reinforce the strength of the hospital. These are all valid and positive consideratons, but the question it raises, is what are the trade offs,and what do we have to give up for success? There are several points of argument that affect the sacrifice. The first is the continuing impact of traffic on our city. We ignore resolving our transportation crisis,because it is X93 __f. .. .. _ . such a complex problem due to geographical and historical development of our city. Yet,the location of this project, with only one point of egress, on one of our poorest traffic intersections begs the question. The fact presented by the applicant that only 25% of the residents retain their cars and most will take advantage of the provided transportation by the facility is evidence that this project could be placed anywhere in town. The residents are relatively healthy yet there is minimum pedestrian accessibility. Residents may desire to take advantage ofwalking to the hospital,but it would be nearly impossible to cross North Main(withoul a light), and another chore to walk up Maple street. Secondly. this project also disregards one our city's most recently adopted ordinance-Detail Site Review Zone (DSR). This ordinance, which seeks to define what is Ashland's scale, bulk and density in new development, seems to have been totally ignored. Rather than respecting the intent ofthis ordinance, the proponents choose to disregard it. While the zoning demands that the building's gross squa a footage be under 45,000 sq. fl., they turn in a project that weighs in at more than double that amount. The intent of the ordinance was not only to dissuade Wal Mart style development, but to modify the bulk and mass of architecture just like this project. I believe the developers are attempting to maximize the density to make the project as profitable as possible. Tlnev have sought to remove the property from the DSR so that they would be allowed to double the gross square footage permitted within this zone. This is a flagrant circumvention of the vision put forth within the DSR. I know that many in the business community did not support the limitations to building size and density. The big money is made in this scale of development, but with it there is a loss to our sense of place and our relationship to human scale. The developers see this as a.justifiable sacrifice. But we all have an investment in the scale and feel of developments we live with.. This is the first project that has been large enough to be tested by the DSR zoning. Rather than attempting to share the vision, they seek an exemption. I believe that if we take a little more consideration we can do better. Glenn Vista Estates, a condominium project practically adjacent to this development, is of a mass and scale that pushes the limits. We are willing to build greater density with a disregard for the cumulative impact. Building this retirement project with total disregard for the awesome impact that this kind of for eu bulk has on the city is not good planning and is not consistent with policy that we have been envisioning. Herein lies the apparent dilemma. If we have any criticism of this project do we dare speak out and risk being taken as crackpots, or fanatics? Do we deny our loving parents the respect and consideration we owe them in not giving them the quality of life they deserve in their golden years? The reality is that the scale of the project can be altered, and I challenge the designers of this project and planning staff to pursue the highest standards to ameliorate the impacts that are created by such a development. WalMart's corporate motivation is not that different than Holiday Retirement Corp.'s . The benefits of this kind of housing are desireable, and we want to encourage this type of facility. But the design and planning must be.guided by our vision. The developers are motivated to make a profit, create a / 94q positive image,present a product that is of good value. "Their interest may not be the same as out's within this community. /4 108 Nursery St MAY Z 4 1994 Ashland, Ore 97520 Telephone May 22, 1994 Area Code Aoaoata�.� 503 Sul; , MuI B{i44's Local t Music M._gic n W o R 1.0 482-0560 �q�OZ/Y30 dF GGtotJ.Id -? a o 0 VA"Av © � Letters to the Editor PLEASE PUBLISH SOON AS THIS Medford Mial Tribune INFORMATION IS IMPOfdANT :I: 111 North Fir Street, 31edford 97501 TO THE PEOPLE OF ASHLAND Please do not believe a report stating, that to extend Maple St. over N. Main St. & connect with Glenn St, would divide the proposed retire- ment center parcel in half. This is not the case at all. It would mearly shave off a small part of the origional plan, and relocate the proposed two little stores on another part of the same pronerty, which would provide the necessary space for the new bypass. According to the builder's plan there are two stores at the south end. This new proposal would constructd these two little stores in a place where both of them would not block constriction of this important bypass. This can be done at no extra cost to the city or the contractors, if completed before it is too late. To clinch the deal for the traffic light at a FOUR 'UAY INTERSECTION, the street must be constructed to help solve the traffic hazard, provide pedes- train safety, make a safe and shortcut to the hospital from all directions, make it easy and safe to enter and exit from either North Main or Maple Streets. Moreover, help ease the congestion in the Plaza and central . Ashland. Residents living in this retirement center must cross the North Main St., to catch the bus to attend to business and shop in town and go to the hospital, so the traffic light is vital for their welfare . The builders must not be allowed to proceed as planned, until this short block long street is constructed. This bypass and traffic light should receive priority, because it is beneficial to the entire City of Ashland, visitors, tourists and all the friendly peoule, who are concerned about the welfare of MY FAVORITE TURN. Sincerely yours for promoting THE BEST OF THE VERY BEST in MY FAVORITE TOWN, Charles Tracy C.'" CC / Mayor & Administration MY FAVORITE TUSiN CC / Chairpersom Barbara Jarvis, Planning Commission MY FAVORITE TOWN CC / 1�r. Donal Forbs, State Highway Engineer -� $ �W 1l 100 14r..r1 Str..t NM I= ►4DWrIt11S A.hlwdr orolon 91510 i 1 1i.00.ea •• Ly=CS .. coKWrrICK.S .... COKW=ILU .. ANRANJEMMS — JA3LC9 •. D=W03 TO ASHLAND PLANNING DEPARTMENT, CITY HALL„ 20 EAST 11AIN, ASHLAND, OREGON 97$20 IN ORDER TO INSTALL THE NEEDED BYPASS, AND MAKE THE SHOPPING CENTER MORE ACCESSIBL$ TO CUSTOMERS FROM ALL PARTS OF ASHLAND, PLEASE CONSIDER THE FOLLONING ALTERATION OF THE ORIGIONAL PLAN. THE TWO STORES BUILDING ON THE SOUTH-NEST CORNER, MUST BE MOVED TO THE NORTH-WEST CORNER. THIS CHANGE SHOULD HELP CLINCH THE DEAL FOR A TRAFFIC LIGHT, HELP SOLVE THE TRAFFIC HAZARD, PROVIDE A SAFE AND SHORT ROUTE TO THE HOSPITAL FROM ALL DIRECTIONS, MAKE IT EASY AND SAFE TO ENTER AND EXIT FROM EITHER NORTH MAIN OR MAPLE STREE'T'S; MOREOVER, HELP EASE CONGESTION IN THE PLAZA AND CENTERAL ASHLAND. A LITTLE FORESIGHT CAN PICTURE THE MANY ADVANTAGES, WHICH CAN PREVENT RE3RETS AND FILL THE FUTURE WITH SATISFACTION FOR ALL CONCERNED. RIGHT NOW THIS CAN BE ACCOMPLISHED WITH MINIMUM EXPENSE AND LITTLE EFFORT . PLEASE CONSIDER THIS PROPOSAL AT THE PUBLIC HEARINGS IN RESPECT TO THE ASHLAND USE ORDINANCE TO BE HELD BEFORE THE ASHLAND PLANNING COMMISSION. IMPORTANT BUT MINOR REVISION OF ORIGIONAL MAP BY APPLICANTS CLIFF CURRY. Minor Change suggested by Charles Tracy for residents interested in promoting THE BEST OF THE VERY BEST right here in ASHLAND, OREGON. _ 4 111TI TE — n �c REMEMENT -TI— FACLITY O.IAGE ,n ..m.v \j [ - =:. ,�117 s SU ES ae rur / 7rtrrrm..i.. _T: ___ VICINITY MAP N MAIN..$TRCET T - - THIS PROPOSAL FOR TWO STORES RECTANGLE - BUILDING MAY FACE IN ANY DIRECTION. - .,., PLANNING.ACTION 92-136 is a request for Site Review and Conditional Use Permit for a 119 unit retirement (assisted living) facility located on the east side of North Main Street near Maple Street. Comprehensive Plan Designation: Employment; Zoning: E- -. 1; Assessor's Map #: SDA; Tax Lots: 1100, 3900, 4000, 4100, 4200, 4300. APPLICANT: Cliff Curry 197 ° " DSE. cSg °- o. 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O r' �' a .p 5Rjz w c5n Eamon 00 o' r, v' a aNHN ° avc. a ° ° RHO ` ..aI� I j r 61 �t ?'.' . n e 0 -^ " gdG. � n a Porto 9 N p�t � y � °' - o• o ca c a � � Fi o'� o-�' �_ w II. .I, I�. I •�I J a ` �� �' � �� a .T n /98 108 Nursery St Ashland, Ore 97520 Telephone May 14, 1994 Area Code .l a....i.t.� 503 '•r Mue • B ny.-. U.ited .� tk. Local Music M.4ic WORL-0 482-0560 , A'v © 19 8 0 Mr. Steven M. Hall, P. E. City of Ashland Public Works Director Planning Exhibit City of Ashland, City Hall as#T- C/O Mayor & Administration DATE STAFF Ashland, Oregon 97520 Dear Mr. Steven M. Hall: - In case the inclosed letter, which is in response to a front page article published 5/6/94 in the Daily Tidings entitled: "Center neighbors air home, road worries", is not Dublished in this local newspaper in time to draw the public's attention for the need to extend bfaole Street a block and con- nect with Glenn Street, please try to get the proner action before it is too late. Please answer, as my friends are anxious to, find .out how you feel about extending Maple Street, which can be a potizer£ul inducement for the instal- lation of this indispensable and necessary traffic light & bipass. Sincerely yours for all the leaders with authority and able to do THE BEST OF THE VERY BEST to promote efficiency, safety, education, good will, good entertainment, good health, friendship and everything important enough to make, maintain & keep Ashland, Oregon as MY FAVORITE TOWN in AMERICA FOREVER, Charles Tracy CC/ Chairperson Barbara Jarvis, Ashland Planning Commission CC/ Mawr and Administration MY FAVORITE TOWN CC/ Ashland Daily Tidings MY FAVORITE TO'X 11� Ica Pue.rs A-1 want. FU3D=I0A1 Astd=d, Dream 97520 iam,zs .. uaro •• tormala! .••. coMOctacs .... ex uwwnrs straw .. m3loss /g 9 City of Ashland 108 Nursery St Planning Exhibit Ashland, Ore 97520 Emma Telephone . PA#—� May 11, 1994 DATE_ STAFF Area Code syr6ol MW uZed 0.�G *016-4 Local Mu/ic r�.ql• woRt_0 482-0560 _/� atXLndA2 ,Olu V%-4vv © 19 8 0 zrT Re: Ashland Daily Tidings, "Center neig^hors air home, road worries" 5%10/94 No wonder the new bipass at North Gain 3 Maple Streets, has not been con- sidered seriously, when the city administrator said it would not be feasible; thinking it would divide the retirement center parcel in half. This would not be the case at all. It would mearly revise a small part of the origional plan,. and relocate 2. small store buildings on another part of the same pro- perty to provide space for the new street. According to the builders plan there are two front stores at the south end. This new proposal would construct the two little stores in a place where they would not block construction of this important bipass. This can be done at no extra cost to the city or the contractors, if completed before it is too late. To clinch the deal for the traffic light at a FOUR 'NAY INPERSECTICNI the street must be constructed to help solve the traffic hazard, provide pedestrian safety, make a safe and shortcut to the hospital from all directions, make it easy and safe to enter and exit from either North Main Or Maple Streets. More- over, help ease congestion in the Plaza and centeral Ashland. Residents living in this retirement center must cross the street at North Main, to catch the bus to go shopping in Ashland and go to the hospital, so the traffic light is vital for their welfare. The builders should not be allowed to proceed as planned until the street is constructed, because without the new street and traffic light, the hazard- ous condition would increase hospital attendance from accident victims. The horse and buggy days are over! The builders should not be allowed to proceed as planned, until the street .is constructed. This bipass and traffic light should receive priority, because it is beneficial for the entire City of.Ashland, and all the people concerned about "KY FAVORITE TOWN". Sincerely yours for promoting THE BEST OF THE VERY BEST in MY FAVORITE TOWN, 1 Charles Tracy CC / Mayor and Administration MY FAVORITE TWN CC / Chairperson Barbara Jarvis, Planning Commission MY FAVORITE TOWN Of course you must realize that I am trying to get all the good publicity made possible by friendly people, who like MY FAVORITE TOWN CC / Mr. Donald Forbs, State Highway Engineer 1 roe wr..n xr«a RAJi.TJJ. PYFJM710113 J.M.•0, 0"g{ 97520 11 11� 111 17 thus •• LILIC] •• EOMF)7Ii 111] •••• fatl6M:ItlD •••• JlLallF)61OR! •• JIM11D « IIONIU 08 S to -9Y To: City of Ashland Planning Department From: Don Cowan 1330 Oregon St. Ashland May 10,1994 Re: Planning Action 94-081 Ashland Retirement Residence We own 5.9 acres TL 200 Map#5AD (See Map inside) north of the subject property and separated by the railroad tracks. We have a water right with a priority date of 1858 to use 0.11 c.f.s. of water from Ashland Creek through the Heiman ditch for stock and irrigation for 5.5 acres.(Page 12 Col 3 Rogue River Decree)The land continues to be in agriculture. We receive the water through a lateral with shut-off from the Heiman Ditch on the subject property. (L,on Map) Historically the runoff has been collected in a ditch along our north boundary where it flowed eastward to a wide, deep and commodious open ditch which carried the water northward back to Ashland Creek.(H on map) When homes were built in the Cedar Homes Subdivision the developer was permitted to fill in the wide, deep and commodious open ditch with an underground 24" diameter replacement. (24"R on map.) I am told that this was done without supervision and that the joints were not sealed. Suffice it to say that the event was followed by flooding of the yards and foundations of property in the area. With the onset of our current drought the outcries of the outraged residents have subsided but the conditions which led to the problem remain. A. I am glad to note that the applicants plan to honor our water rights and we will continue to have a lateral with shut-off to bring us water from the Heiman Ditch. In a meeting with Pat Flannery he told John Billings and me that the plan was to relocate the Heiman Ditch into an open concrete waterway incorporating a small water feature. We both objected and asked for a closed underground pipe. The presence of the described feature amid a concentration of elderly people creates an ominous potential for accidents. I am surprised that the project's risk manager would permit it. B. I suggest that a pedestrian way from the end of Otis Street to the subject property be considered. The would enable residents Northeast of the tracks to walk to the public transportation, medical facilities and other services on Maple and Main Street. C. Everyone seems to be quite vague about the Urban Stone Drainage. In the event of a heavy cloudburst the proposed roads, parking and rooftops could generate an acre foot of water The staff report reads "Storm runoff would likely be directed into the existing drainage way which crosses the property" (Bottom of Page 4). I am familiar with the "existing drainage way". The rainwater rolls down the hill onto the tracks where it goes through a culvert and into our irrigation canal. I can direct it on to the Otis St. ditch which would take it to the faulty 24" R mentioned above,and its final destination could be some homeowners' foundations and crawl spaces. A study of the city storm drainage maps reveals there is no drainage way crossing the property. (See back page) The Heiman Ditch is definitely not a storm drain. In the past few years the city has been closing any street gratings that feed water into the Heiman Ditch, and leaving the water users solely responsible for its maintenance. Does the city plan to change its policy? Come the days of a violent weather system laying down acre feet of water to be dumped somewhere, let me say on behalf of ourselves and the residents of the Randy/Cambridge area: PLEASE! NOT IN OUR BACKYARDS! In closing, let me again express my appreciation to the members f the Planning Commission who put in long and tedious hours on our behalf. \ P",y QUIET LN. (PVT,) C❑ ENTR PL. (Billings' pond) OXFQRD 10" 127 247 0 If ' Section Of Li GRK S S� Li 18" > A MEDA CITY OF ASHLAND Q :;, w „ � 12 � 24 KENT p s STORM DRAIN MAP Q 12 r t U 8" NEVADA C z 18 18" 18" 18" 8„ 24" 15 10" S. CAMBRIDGE ST. T 01 1C 3 24"LLJ RANT 10^ ST.10^ :¢12 ANDY 3 ST8 1 C° 8" 8 6" Q 1 24" 24" 24" 6" H 15" 12" GREEN RIAR PL18" w 1 ❑TIS ^ST10^ 20 1Z 1 re MAPL J8„ J 15" 15" '� 1 " � M O U l 12 1 1 8„ 7 4" Q 12" ❑SPIT wit 15" � OLI GE ST. �`'� 10" q 107 10" „ 0 z 8 �iw P , CAT P�ZN 10 � O� Q 0iyj 4 l Cr 6” � 8" 3 1 Z 1 „ Q 10" „ . 10" 10"2^ NURSED S�8„ 18� 1 �,FY �\ ^ 24" 2071 47 May 4, 1994 Ashland Planning Commission 20 East Main Ashland, OR 97520 Dear Commissioners: lam writing this letter in regards to Planning Action#94-081, the seni6r development proposed by the Ashland Hospital Foundation. I have met with Pat Flannery of the Foundation, and Cliff Curry the developer to view the plans, and feel that the architectural drawings are inadequate in depicting or showing the impact of the building on the surrounding area. There are no existing structures shown in any of the drawings to help get a perspective of the building or the site. It would also be helpful to know exactly where the measurements and perspectives were taken. Our house is located at 349 Orange Avenue and is directly behind the proposed structure. The mass of the development will be in our backyard. The drawings show a three story building plus a daylight basement. (Essentially a four story structure.) The architects drawings depict us viewing 2 stories of this building. That is inaccurate and I have pictures to prove it. This commercial site will be having a direct impact on a residential area and I think it needs to be taken into consideration. Other concerns besides the mass of the building would be lighting around the structure, the Billings ditch that runs through the property, and the added traffic onto North Main directly opposite Maple Street. The added increase of 250 cars a day would make turns from Glenn, Maple, and the retirement residence difficult and dangerous. There are multiple units being built right now on Orange St. that will also be adding to this traffic problem. If the state wants statistics to validate a traffic light, 80 year old residents turning left onto Siskiyou Boulevard will get them. 'I plan on being at the May 10th planning meeting and would appreciate these issues being discussed. As I stated before I don't feel that the current drawings supply enough information to make conclusions on the development, and that the added traffic onto North Main needs to be addressed. Sincerely, Mary Gardiner 349 Orange Ave. Ashland,OR 97520 488-2602 2a3 4 vo / � uC-K —�� w f4l e _- ,rS LE oh o I pereG fa-Qc0LAOE-� wP-Q, 0 i owl r �SG4 �rf 547� � n c ( r CooJ 1�cr ✓1 'o, U. c A v 7In , f Oa4 w h� wv7 GN �V\o w V P V �eR CJ ° v.. v1 6-9 r 1, 1rri54 �uc (� �� Cures Eve 'r7 � pC�\ I-U 1 C P u V'p UtA lc-(f 4V�F 'Cir V-\ S �� f o U C:�LA S" CN I�( J �; ��y � n,.•5 C, f- �v �� (` b1n�11�'�Yj! lam. Gw� �� � �{(�� Q C41 Lt� � Lj �Xts � uvCP ,4�vrre 204 Cowl D j ` S 1 roar l rr V I ln. �_z,r '_• V.�. 1.-�:.. 7�( 1 c' ;`! �' -�"':4� '1-'� '�1•:vt� , it _t wc � or n •,.} ��._:� rf�,C. i'(ti' :jr kiI e= •i..0 C` i f . / / eVC1A�va 111 rr J I f JI :: �_y; G i•� .1,: \/:Iyy I �i _ - '_� 1 ��� i - _ii ban LI �6f! _ _1)v A (/_ f-Z1 y'W1 ( I _ f O 1�fIJ G( is t..�(- !!N\E•C r Co HCavnS . opi ,�I iv j 1-11 il If �i Avi VJ 1 5 53 BIB: FUH("ERN't 11151EM: I lft,le,:vMm,4 ---7L Drl 1 700� OA j —A r i cl,f 17, vv flo r 20-7 lob 0 Ij bV -r—, vwt I' ..,1 4+ 1 I-Is Po- A0, /* 01, rg t_I/ ag- �ws 0 1; L,, r-LA J,%, 44�, t J, otqcq da /I ci 20,S Q J .1 I C((I � bVAL- Jllo r rn w O /4 .. �P v e �f ., �, i.. � � -I-2.3� ✓',r-Err--I r �w w � . 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Local Music Ma41c �wao�RLO 482-0560 W1✓v © 19 so Administration & Mayor City of Ashland 20 East Main, Ashland, Ore 97520 To safety minded administrators: - If the Ashland Planning Commission can recorrmend approval, and the City Council can recognise the need to connect Forest Street with Weller Lane where there is little traffic; surely, they can figure out the need to connect Maple Street with Glenn, which is about a block long, and pre- sently through a vacant lot and proFerty. This is where the traffic is heavy and the exit for the Ashland Community Hospital. This. matter should receive immediate attention before the Retirement Facility is built on this vacant RIGHT OF WAY which is needed to complete this bypass. There is room for both if done properly. The Region Engineer for the Oregon Department of Transportation states+ "If the City of Ashland decides that they want to extend Maple Street as you propose, I will ask our traffic analysis unit in Salem to perform a study in order to determine if a SIGNAL would be warranted." The refuge project for making a left turn one way only, is not good enough; with the traffic light and bypass, a left turn could be made in all four directions safely and prevent serious accidents. The .traffic light would slow down and space the automotive traffic, so that pedestrians would be able to cross this four lane highway, without the risk of injury at any of the intersections, and a bus stop at the Ashland Hospital. Just one car trying to make a left turn on to or off of North Main Street, at any intersection, can cause roar-ends, pile-ups and accidents, which this _ needed traffic signal can help prevent. Please respond to this safety proposal in the reliable .and informative Ashland. Tidings. People in this area are concerned about your interest in priorities. Thank you t Sincerely yours for The Best Of The Very Best right here in Ashland, Charles Tracy CC / Ashland Daily Tidings CC/ Donald Forbs, State Engineer CC / Patric Flannery, Ashland Community Hospital +t + �W iii roe r x.•+7 3t—t XUrNiU rMmcTIC9321 I A.n1.nd, 0"g*n 97520 +1 Ll ,rs 1=111 .• Lr81CJ » C0M`n1Ir1CIU a». Cniaan.A13 - •• AnrwaeND(rs » A1wus DC31013 .+of A511, `�- � Qmorttnc� �tm GREGG� �September 6, 1994 Z Brian Almquist, City Administrator ram: Steven Hall, Public Works Director ,�$1IDjg& Water Update, Curtailment Recommendation ACTION REQUESTED-CURTAILMENT City Council not enact Stage 2 water curtailment, but confirm Stage 1 as noted in memorandum in Council packet. UPDATE Even with the warmer weather on Sunday,water consumption through the holiday weekend remained below 4 million gallons per day. Raeder Reservoir continues to remain stabilized at a little over 83% full. The water pumped to the water filter plant was limited on Thursday and Friday due to TID demossing the system late Thursday and early Friday. Depending on how long our allotment lasts,another demossing could occur. The schedule for demossing is 10 days. Our water is now from Howard Prairie Lake and the water quality did not improve over the water that we were receiving from Hyatt Lake. The transition to"city only"TID water seems to have happened quite smoothly and we are currently receiving water as required by Judge Sawyer's restraining order. We had a meeting with Ashland Water Department, Police Department and TID last week to plan the transition. To this point in time there have been no major problems or issues that I am aware of. Statistics to date: --------------------------------------------------------------------------------------------------------- Date Plant TID Ashland Reeder Production Treated Creek Flow Reservoir ---------------------------------- 9/2/94 3.870 MG 0.52 MG 1.84 MG 83.4% 9/3/94 3.454 MG 1.45 MG 1.81 MG 83.4% 9/4/94 3.556 MG 1.25 MG 1.78 MG 83.3% 9/5/94 3.792 MG 0.98 MG 1.75 MG 83.3% MG = Million Gallons If the citizens and businesses of Ashland continue conserving water as they have for the past week, we will male it through this summer. Each of us have to remind ourselves to continue the patterns we have established until our first serious rains arrive. If our usage pops back up to 5 million gallons per day, our problems return rapidly! I wish to thank everybody for their cooperation. cc: Dennis Barnts, Water Quality Superintendent Daryl McVey, Water Filter Plant Supervisor Keith Woodley, Fire Chief Ashland Daily Tidings Medford Mail Tribune Eric: Reeder Reservoir (June I through October 31) Ashland Creek Flow (June 1 through October 31) Plant Production (June 1 through October 31) (c:\wafer\wampdat.mem) Reeder Reservoir June 1 through October 31 100% :. 90% 80% TID began 7/14/94 70% U N Q- 60% 50% 40% 12 29 6 13 �0 27 4 31 June July August September October 1994 -•-•••- 1992 -------• Standard Curve Ashland Creek Flow June 1 through October 31 6 a p 5 Repaired Leak In West Fork a� 4 _ 3 NN. , C t, o S 2 - ` 1 0 1 June 22 29 uly 20 27 August 17..24 3 6 September October J 1994 ............... 1992 P18int Production June 1 through October 31 7- 6.5- - 6- O A 5.5- U0. 5 0- v v 1. - A .0 4.5 0 - Cri CD 4-1 \ ƒ � � / ` % .1, 0 .. i i 3.5- 3- 2.5- 2 1...... ...... ...... T=T=T= 1 8 15 22 29 13 02 3 1 DA 7 24 31 m 5 19 19 98 du e July October 1994 ............. 1992 - ` �< � Pmorttn � nm r September 7, 1994 X110. Mayor and City Council Arum: Jill Turner p�l1�IjEtt. Real Property Transfer Tax I was asked to review the potential receipts from the Real Property Transfer Tax. All four examples assume that the first $50,000 of Haceownier property is exempt and the tax rate is .40 percent. In my course of study I reviewed the following. 1) Trend data from the Jackson County Assessors Office. This data represents only sales within our corporate City limits, and is for the period of May 1993 through April 1994. This data base is estimated to be one half of the sales for the City of Ashland. All related party transactions, government purchases, etc are excluded from this data base but would be required to pay under the proposed transfer tax. Based on this estimate the tax would generate $203 ,000. 0 2) Multiple List data. I reviewed the 1992, 1993 and 1994 - through August mid month. This data base includes all multiple listing property sales in the Ashland area, which is approximately the Ashland School District. Rural residential, Farm and Ranch and vacant land sales were excluded from the data. This data base was estimated to be only two thirds of the taxable transactions for the City of Ashland. In 1993 and 1992 the tax collections would have been $169,000 both years. Based on the first 8 months of the present year the tax would generate $199, 000 in 1994. 3) I reviewed Washington County's past collection history in relationship to assessed valuation. The last four years they have collected the tax on 10.09 percent of their assessed valuation. Under this methodology the City would have collected $228, 000 in tax. 4) I talked with the Lake Oswego staff. They are estimating that 8 percent of their valuation would be subject to the tax. Under this mythology the Tax would generate $181, 000. A good revenue estimate of the proposed real property transfer tax is $181,000. Q%jiM. � m fer jam: 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 fill out the Speaker ,Request form located near the entrance to the Council Chambers. The Chair will recognize you and 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 b h d, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 6, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers 11. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of August 16, 1994. IV. PROCLAMATIONS & AWARDS: dw 1. Mayor's proclamation of week of September 24 - October 2 as "Voter Registration Week" in Ashland. 2. Presentation of service award to Wes Eaton for 25-year employment anniversary with City. V. CONSENT AGENDA:, 1. Minutes of Boards, Commissions and Committees. �J q 2. Monthly departmental reports - July, August, 1994. 1�3. City Administrator's Monthly Report - August, 1994. 4. Authorization for Mayor and Recorder to sign quitclaim deed for easements on Lot 68 in Oak Knoll Meadows subdivision. 5. Letter from IOREDIIIOEDD concerning city representation on newly merged organization. t�6. Authorization for Mayor and Recorder to sign 3-year extension of Employment Agreement l with City Administrator. VI. PUBLIC HEARINGS:. (Must conclude by 9:00 p.m.) 1. Planning Action 94-081: Request for a Site Review to construct a 114-unit retirement facility located on the east side of North Main Street, opposit the Maple Street intersection. Also request for a zone change from Employment (E-1) to Health Care (HC) and modification of Detail Site Review Zone boundary. Comprehensive Plan Designation: Employment; Zoning; E-1; Assessor's Map #: ; Tax Lots: 3900, 4000, 4100, 4200,.4300; Map #SAD; Tax Lot: SA 1100. (Applicant: Cliff Curry) Planning Action 94-104: Appeal from a decision of the Planning Hearings Board, approving a request for a sign placement variance for a business at 10 Water Street (Applicant: Grady �v and Susan Golden). Jsell/ C3. Draft of "An Ordinance enacting a 0.40% real property transfer tax, exempting $50;000 of � ,. ing price for single family residences, and dedicating the revenue from the tax to the 9 Ashland watershed and forest interface fire prevention and suppression and to affordable / 7 housing." 4. (Continue public hearing on amendment to the Procedures Chapter 18.108 of the Land Use Ordinance to September 20, 1994). VII. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). VIII. JU TII HED BUSINESS: It First reading by title only of "An Ordinance amending Section 18.08.300 and adopting Chapter 18.94 of the Ashland Municipal Code relating to Home Occupations. 2. Set date for study session to review sewage treatment plant upgrade alternatives and reports for State Agencies on water appropriations. 3. Set date for study session on Local Improvement District policies. NEW & MISCELLANEOUS BUSINESS: 1. Ratification of declaration of Stage 1 Water Curtailment by City Administrator. Report by Director of Public Works on water availability and consideration of Stage 2 Water Curtailment. Request by Councillor Reid to discuss concept of a moratorium on water connections outside the City Limits. 0 Request by Mayor Golden for City Council to take a position opposing Ballot Measure 13 prohibiting government from approving or creating classifications based on homosexuality. X. ORDINANCES, RESOLUTIONS & CONTRACTS: 19, F_jKst reading of an Ordinance amending Section 4.18.020 of the Ashland Municipal Code if�X/ relative to filing fees for vacation of public property. g2k�'First reading of an Ordinance amending Section 10.64.010 of the Ashland Municipal Code / relative to obstructing sidewalks and passageways. Second reading by title only of "An Ordinance adding Chapter 13.24 to the Ashland �— Municipal Code to establish standards for naming or renaming streets." 4 � Reading by title only of "A Resolution submitting to the electors a proposed amendment to ` the City of Ashland Charter to rep acT—,e tf Feprovision prohibiting interest in City contracts by /selected officials with the State Code of Ethics." XI: OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT , Contents of Record for Ashland Planning Action 94-104 APPEAL OF THE ISSUANCE OF A SIGN PLACEMENT VARIANCE FOR THE PROPERTY LOCATED AT 10 WATER STREET. APPEAL BASED UPON SIGN FRONTAGE, NUMBER, AREA AND PLACEMENT REQUIREMENTS. COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL; ZONING: C-1-13; ASSESSOR'S MAP #: 39 1E 09BB; TAX LOT: 10100. APPELLANT: ASHLAND HISTORIC COMMISSION APPLICANT: GRADY & SUSAN GOLDEN Notice of Public Hearing before City Council . . . . . . . . . . . . . . . . . . . . . . . . 1 Criteria for Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Photos submitted by Historic Commission . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Appellant's Request for Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Historic Commission Minutes 8/3/94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Notice of Public Hearing before Planning Commission Review Board & Historic Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Site Plan & Elevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Planning Department Staff Report 7/12/94 . . . . . . . . . . . . . . . . . . . . . . . . 12 -- Planning Commission Hearings Board Minutes 7/12/94 . . . . . . . . . . . . . . . 16 Planning Commission Hearings Board Findings 7/12/94 . . . . . . . . . . . . . . 20 Historic Commission Minutes 7/6/94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Letter from Jac Nickels to Planning Commission 7/6/94 . . . .. . . . . . . . . . . 26 Letter from Applicants to Planning Department Staff . . . . . . . . . . . . . . . . . 27 Violation Notice (second notice) to Applicants . . . . . . . . . . . . . . . . . . . . . 29 Applicant's Estimate for Additional Graphics . . . . . . . . . . . . . . . . . . . . . . 30 Violation Notice (first notice) to Applicants . . . . . . . . . . . . . . . . . . . . . . . . 31 Notice is hereby given that a PUBLIC HEARING on the following A copy of the application,all documents and evidence relied upon by the applicant request with respect to the ASHLAND LAND USE ORDINANCE and applicable criteria are available for inspection at no cost and will be provided at will be held before the ASHLAND CITY COUNCIL on September reasonable cost, if requested. A copy of the Staff Report will be available for Inspection seven days prior to the hearing and will be provided at reasonable cost,if 6, 1994 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 requested. All materials are available at the Ashland Planning Department,City Hell, East Main Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97520. The ordinance criteria applicable to this application are attached to this notice. During the Public Hearing.the Mayor shall allow testimony from the applicant and Oregon law states that failure to raise an objection concerning this application, those in attendance concerning this request. The Mayor shall have the right to limit either in person or by letter,or failure to provide sufficient specificity to afford the the length of testimony and require that comments be restricted to the applicable decision maker an opportunity to respond to the issue, precludes your right of cdteria. Unless there is a continuance, if a participant so requests before the appeal to the Land Use Board of Appeals(LUBA) on that issue. Failure to specify conclusion of the hearing,the record shall remain open for at least seven days after which ordinance criterion the objection is based on also precludes your right of the hearing. If you have questions or comments concerning this request,please feel appeal to LUBA on that criterion. free to contact Susan Yates at the Ashland Planning Department,City Hell,at 488- 5305. ••. �• 3 '�. f oA3nc , U70D 003A,. 'X600 - ' 01301414 •0034 lobo 10801h11 ✓ ' 9 \. I �r French Quarter ✓ PSG -�S,ly. B ,P� a 10500 � 75 3 / Z �lutra1 I * ro 3 i K •' 9200n` ��t l \ A i'��•.: It .F?. ;900 t" 9i 8900 f,wA o ti4 s .c t 8800 :': ! \-\ S c. /0 0 Z 4.04479 p0 r WOµb 7 Ira° l \ 7800 7700 PLANNING ACTION 94-104 is a request for a sign placement variance to allow for a sign to be maintained on an awning not in accord with the City sign code. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 91313; Tax Lot: 10100. APPLICANT: Grady & Susan Golden 1 CRITERIA FOR VARIANCE The criteria for the approval of a Variance are found in 18.100.020 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 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. K J q HAIR•NAIL•SKIN CARE 'y t G s <+ w;':ttsS+i�r S ♦I� 4+75� r p�-k > y �:'.f w • , y.1+-Y++�1,�'cbp .X ''=. 'ir s4, -ivi t - ♦ Yt -i J - F�t�J` '1 4� th _ AFM Vs r G r { a t ♦ if HAIR•NAIL-SKIN cARE lk (. - N u i• .. - try s + � T `°{��,\.iva rt J1:st ,:mot• f �� . � � � ��. (. '. HAIR-NAIL-SKIN GAR J t It - M t / I ' Ro F * , 1 ^ ( 1 .. jl " i;.r r 1 -��� ylb� , ^y* .i i7+'!j,�'{ �� •� tl. Scold ,k ..t•„ ,+ r ;�'j' :: L • • itoi.iROLLING Ss^ C`afe Fountain r „ ^ „ AD SHOD x t t •. �� h � , tame i�,.y_�. I i � 1 � F r Uh 'V y'y.'1 J •�'4n G Ci _. ..1• ..... .. .ice _ �•::,a }� " ., OgEppA ,•� • August 10, 1994 D: City Council ram Historic Commission ,�$ubjrrb French Quarter Sign Variance The Historic Commission voted unanimously to request the City Council appeal the Planning Commission Review Board's decision approving Planning Action 94104-A request for a sign placement variance to allow for a sign to be maintained on an awning not in accord with the City sign code,for the businees located at 10 Water Street(French Quarter).The Historic Commission concurred with the Staff s recommendation that the application be denied based on the lack of information in support of the criteria for a variance.The Historic Commission believes that if the variance request had been reviewed before the full Commission, rather than the three member Review Board, the application would certainly have been denied. It is our belief that the potential implications associated with this request are of great importance not only for the downtown area,but all commercial areas in Ashland.Approval of the variance effects the integrity of the City's Sign Ordinance and sets a precedent for other businesses also"wanting'more viability.While the Historic Cameron recogmes the challenges the sign code may present to businesses, it strives to provide a level playing field for all. As the Council is aware, the Sign Ordinance has been a major contributor to the improved appearance of Ashland since its adoption in the 19Ws.It is our belief that precedent setting decisions of this kind can only facilitate the steady erosion of the goals of the Sign Ordinance and ultimately the character of Ashland. Please consider our request.For your information,the Historic Commission originally denied the request by a 4-2 vote on July 6, 1994.The Planning Commission Review Board voted 2- 1 on July 12, 1994,to approve the application At our last meeting August 3, 1994, the fiill Commission unanin m*agreed (I- 0) to request the City Council appeal Planning Action 94-104. � l Molnar restated it is important to make clear how the Commission interprets the design standards. The burden of proof is on the applicant. Harriff moved to direct Staff to develop a paper for scale and lot placement for the development of Fourth and "A" Streets (lots 1, 2 and 3) to follow the tradition of buildings in that area, such as the Peerless Hotel at 243 Fourth Street, 287 Fourth Street (Mitchell- Powell Furnishings), and 215 Fourth Street(Bundini Building),incorporating existing design element standards. Chambers amended the motion to include a clear preference for masonry structures characteristic of the traditional commercial district in downtown Ashland. Cardinale seconded the motion and it was unanimously passed. Appeal / Skibby reported the Planning Commission Hearings Board approved the Sign Code Variance requested by Grady and Susan Golden (The French Quarter) last month by a 2 to 1 vote. The Historic Commission voted 4 to 2 to recommend denial of the request. He I said he is not in favor of the approval and would like the City Council to hold a public hearing on it. Chambers agreed and said it could set a precedence. 1 Ken Hagen related he was at the Hearings Board meeting and he felt Barbara Jarvis, who �. opposed the request, implied this is the first step in chipping away at the integrity of the Sign Code Ordinance. Bill Emerson acknowledged it is a good ordinance as it is. Skibby moved to direct Staff to write a letter to the City Council addressing Historic Commission concerns. Chambers stated the City spent a lot of effort on the Sign Code Ordinance, and he does not want the variance to set a precedence. He then seconded the motion and it was unanimously passed. NEW BUSINESS Mitchell stated she feels strong guidelines with parameters are needed regarding color in the guidelines. This will be discussed at the next meeting. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 10:25 p.m. Ashland Historic Commission Minutes August 3, 1994 Page 6 Notice is hereby given that a PUBLIC HEART^)on the following A copy of the application,all 'merits and evidence relied upon by the applicant request with respect to the ASHLAND LAND USE ORDINANCE and applicable criteria are avail-_,e for inspection at no cost and will be provided at will be held before the ASHLAND PLANNING COMMISSION reasonable cost, if requested. A copy of the Staff Report will be available for HEARINGS BOARD on July 12, 1994 at 1:30 m. S the inspection seven days prior to the hearing and will be provided at reasonable cost,if Y p• requested. All materials are available at the Ashland planning Department,City Hell, ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, 20 East Main Street,Ashland,Oregon 97520. Oregon. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance conceming this request. The Chair shall have the right to limit The ordinance criteria applicable to this application are attached to this notice. the length of testimony and require that comments be restricted to the applicable Oregon law states that failure to raise an objection concerning this application, criteria. Unless them is a continuance, if a participant so request. before the either in person or by letter,or failure to provide sufficient specificity to afford the conclusion of the hearing,the record shag remain open for a boat seven days the decision maker an opportunity to respond to the issue, precludes your right of the hearing. If you haw questionsorcomments concerning this request,please feel appeal to the Land Use Board of Appeals (LUBA)on that issue. Failure to specify free to contact Susan Yates M the Ashland Planning Department,City Hell,at 488. which ordinance criterion the objection is based on also precludes your right of 530& appeal to LUBA on that criterion. NOTE: This Planning Action will also be heard by the Ashland Historic Commission on July 6, 1994 in the Ashland Community Center located at 59 Winburn Way at 7:30 p.m. 7ti 4,y J " — 11400 1300 9 10700 >� N 11500 . lap � 70 +5`"�r°. 190 ,` t i \ 11600 r. �. 3 �� \ g I I 0.01@ 9 I 9600 ® '"`10100 1080111 \ �' I e' /I . .j• P��'kr French Quarters 10500 7500 Z I 8 rp3 t-+-�'I�' K % 9200` I =. .900 I I\ '' i♦ 8900 i; 8800 L's, 1 ! �\ / 9 19 8600, . 3 J \L`1,74-044 79 °2ipo 0 500 r* a !J ,�WON6 7 � s I \ n 900 ° As .7800 . 7700 PLANNING ACTION 94-104 is a request for a sign placement variance to allow for a sign to be maintained on an awning not in accord with the City sign code. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 986; Tax Lot: 10100. a APPI ICANT- Rrnsitr V. �V 6 �C4 C� 0''3 t ol I O Q W (�4 Q V 0 d 1�1J (U✓/ N N ( V I Ilk- , � , 44 ' 9Gec !�u-i-fa Sr�ac� I I � j n1'k o2 R-ti csF tilGu L/-Z71 SAl!�, I7Ll- DTf+��Z /JvJ.�tnT6 TR AM E wOt2j( DX Tu-S TtJl G O G5 .J I-L L) d ___ Ll4'�Z.TZ( 17S : 7 lS8 G - I NG �/4 l�/KL 110 �6 vrZE� =N 2� I Co NCi T� F)Z/;N.1E Cf?ZZ,- GS t,) A-t.LY }� N Sre (�Je TH f}UTQ/ [DT�VE F/-J F 1-,�A-7 L ;GpZne -M S� s-� �Z CH y � I CLVT -4= ic--,D WZTN "S t4 Q Z L FGLA ' C/!J W'S' C,: n2 To -LSD£ GrOi✓ 6Z Ir-e r^LrS �` sdl;� £ FRDnJr n 'A-I,rY t� . 11 .. .... .,...�..........,. ... _._ ....._ .. ....4.....v.i .. .✓........eu..<w..: ._ �c.;�ad u.:u...dws «tee ASHLAND PLANNING DEPARTMENT STAFF REPORT July 12, 1994 PLANNING ACTION: 94-104 APPLICANT: Grady & Susan Golden LOCATION: 10 Water Street ZONE DESIGNATION: C-1-D (Commercial Downtown Overlay District) COMPREHENSIVE PLAN DESIGNATION: Commercial ORDINANCE REFERENCE: 18.96 Sign Regulations REQUEST: Sign placement, number and size variance not in accordance with the City's Land Use Ordinance regulating signs. I. Relevant Facts 1) Background - History of Application: The subject awning sign was erected without a sign permit being obtained. Consequently, no benefit of review by staff or the Historic Commission Review Board was ever completed. Three notices were sent to the proprietors of the business asking for the sign to be either removed or a variance application submitted. 2) Detailed Description of the Site and Proposal: The subject site, part of the Orchard Lane Mall, is located in the rear of the northeast corner parcel on Water and East Main Streets - adjacent and behind the mall's parking lot. The awning extends 14' from the business' front door and is 8' wide. The applicant is requesting a variance from the Ashland Land Use Ordinance, Sign Regulations, Chapter 18.96.080 Commercial-Downtown Overlay District (C-1-1)), Section A (1), (2) and (4). Section A (1): Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage, and no building shall be credited with more than two business frontages. The frontage of a business is defined in Section 18.96.020 #13, as "a single wall surface of a building facing a given direction". The "given direction" of 0- the frontage is further defined in Section 18.96.020 #7 as "a lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having an entrance/exit open to the general public". The applicants are requesting a variance from this section to allow signage to be located on each side of the awning (facing Lithia Way and East Main Street) where as the actual "legal" frontage is facing towards Water Street. Section A (2):Aggregate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage (a frontage with an entrant%xit open to the general public). The number of signs the applicant has requested a variance for is five. One on the front of the awning and two on each side of the awning. Section A (4): Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage. The length of the business' "actual" frontage is approximately 24'. The total area of all signs is 77 square feet (French Quarter = T X 12' X 2 = 48 square feet), (Hair-Nail-Skin Care = 14" X 11' X 2 = 24 square feet) and (Logo = 28" X 28" = 5 square feet). H. Project Impact As the Commission is aware, Ashland has one of the, if not the, most strict sign code in Oregon. It has been a main contributor to the improved appearance of Ashland since the code was first adopted in the late 1960's and then amended in the early 1980's. Variances have always been extremely hard to obtain for signs. In fact, the Sign Ordinance, Section 18.96.060, General Sign Regulations, strictly prohibits variances from being granted for a sign's size, height or number. A variation from these regulations could only be made by the City Council by amending the Sign Ordinance. Therefore, the.only variance possible would be for the allowed frontage or placement. Staff does not believe that there are any extraordinary circumstances on this site warranting a different placement. The applicant's main contention is that the building's orientation doesn't allow for a proper view from East Main Street. Staff does agree a sign located parallel to Water Street is difficult to see from PA94-104 Ashland Planning Department — Staff Report Grady & Susan Golden July 12, 1994 Page 2 13 East Main Street. However, it is staffs contention that businesses located along the City's side streets, such as Second or Third Street, have the same visual constraints from East Main or Lithia Way. In fact, it is staffs opinion that the location of the proposed business is much more attractive than the sites noted above because parking is more available and not subject to any time limitations. However, if the Commission makes a determination that the site does warrant an extraordinary circumstance given the building's orientation and/or location, staffs would like to make it clear that all the signs on the awning, except for either one 24 square foot area sign or the area of two signs equalling 24 square feet, would need to be reduced or eliminated to be in conformance with the Sign Ordinance, specifically Chapter 18.96.060, General Sign Regulations. III. Procedural - Required Burden of Proof The criteria for approval of a variance 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. IV. Conclusions and Recommendations Once again, staff would like to reiterate the fact that Ashland's Land Use Ordinance regulating signs is strict, but because of its' strictness, it has improved the City's appearance tremendously since its adoption. Furthermore, the ordinance regulating signs within the "downtown" area was designed to be more pedestrian oriented rather than vehicle oriented. Given the applicant's proposal for an extended awning sign and the number and location of the signs, staffs perception of the sign is more of a vehicle oriented sign rather than a pedestrian oriented type of sign. Staff does not believe the Commission should approve the application as currently presented. However, should additional information be provided and you choose PA94-104 Ashland Planning Department -- Staff Report Grady & Susan Golden July 12, 1994 Page 3 I � to approve this request, we would recommend the following conditions: 1) That all signs fronting Lithia Way, East Main Street and Water Street be removed, except that one sign or two separate signs totaling an area of 24 square feet be allowed along the Water Street side or East Main Street Side. mlk:\plan\current\pa94-104 PA94-104 Ashland Planning Department -- Staff Report Grady & Susan Golden July 12, 1994 Page 4 l� ASHLAND PLANNING COMMISSION HEARINGS BOARD JULY 12, 1994 MINUTES CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Armitage and Powell. Staff present were Molnar, Madding and Yates. MINUTES AND FINDINGS Powell moved to approve the Minutes and Findings of the June 14, 1994 meeting. Jarvis seconded the motion and the Minutes and Findings were approved. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 94-104 REQUEST FOR A SIGN PLACEMENT VARIANCE TO ALLOW FOR A SIGN TO BE MAINTAINED ON AN AWNING NOT IN ACCORD WITH THE CITY SIGN CODE. APPLICANT: GRADY & SUSAN GOLDEN Site Visit and Ex Parte Contact Armitage and Jarvis had site visits. Powell is familiar with the site. STAFF REPORT Molnar stated that the Criteria for a Sign Variance are in the packet and were mailed with the notice. The sign was installed without a permit in the latter half of 1993. Two or three letters from the City were sent to the business owner trying to correct the problem. Those letters are in the packet. The sign ordinance is considered restrictive in the attempt to create an equal playing field for all businesses and cut down on sign clutter. This application involves a request to place a sign on the awning not considered the business frontage. The sign ordinance does not allow for any variance to the area of a sign. A variance can only be allowed for 20-30 square feet and much of the existing sign would have to be removed. The applicants have submitted . information explaining their constraints. Historically, sign variances have been hard to come by because it is difficult to show unique or unusual circumstances. Staff cannot support the approval of a Variance for a sign permit. The Historic Commission recommended denial of the variance and the minutes are included in the packet. i� PUBLIC HEARING SUSAN AND GRADY GOLDEN, applicants, have been trying to work with the City to clarify the sign requirements and have applied for a variance because of their hardship with the way the building faces. The Goldens showed slides of their property from all angles. It is difficult to see their business; it does not face Water Street but the address is Water Street but there is no access from Water Street. They thought the sign contractor was going to obtain all the permits they needed. It is important for the Goldens to stay in business--it is hard enough even with the sign. MIKE of Business Tech Signs, believes the Goldens should be allowed the variance. After measuring the square footage of the sign, he came up with a different figure than the City. He thinks the sign is attractive. GRADY GOLDEN is willing to work with the City for removal of that portion of the sign that is out of compliance in order that the sign be brought into compliance. He needs it for the survival of his business. Armitage wondered if the applicant considered putting a sign on the building. Golden responded that the last business owner had a sign on the building and no one could see it and that is what prompted them to have an awning made. Golden added that according to Mike's (Business Tech Signs).measurements, the logo, business name, and Hair, Skin and Nails are within the allowable measurements for the sign to be legal. NANCY ADRIAN, employee at French Quarter said the customers of the salon like the improvement the sign and the awning have made to the community. She would like to see the variance granted. BARBARA, employee at French Quarter, said when the business was Lisa's Main Attraction, she could not find it the first time she tried. She remembers two occasions before the awning and sign were installed that two clients could not find the business and did not come back. TERRY SKIBBY, Historic Commission Liaison, brought to the Commission's attention the minutes of their meeting. They voted to remove the sign because it is too large and out of scale. There are other similar situations in town and he sees a negative impact with the sign. He feels the hardship is because the sign is on the awning. The awning could remain with the sign on the building. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES JULY 12,1996 Staff Response Staff has had no contact with anyone about a conflicting sign measurement. The method the City uses to measure is to frame the whole sign and then measure. Jarvis said that in looking at the sign ordinance and variances, it would seem there could be no variances (18.96.060). Powell did not believe the sign code was intended to make it impossible for people to do business. GRADY GOLDEN, in rebuttal, said they have a hardship because of their location. They are willing to work on the square footage but they do need the sign facing East Main Street. He mentioned that 50 percent of their clients live in town and 50 percent are from out-of-town. Jarvis commented to Golden that to her it seemed inappropriate to approve a variance for a business when that business decided to locate in a certain location, especially when the business before them went out of business. The applicant is asking the . Commission to do something unusual because the applicant made the decision to . locate their business in a hard-to-see location. She added that even with the awning in place, it is still a problem finding their business. She would have a difficult time approving a variance that would open up the opportunity for everyone else to do similar things with their signs. SUSAN GOLDEN said the reason they applied for the variance is because the awning and the lettering have helped. COMMISSIONERS DISCUSSION AND MOTION Powell read the Historic Commission discussion about other non-conforming signs. Also, if a variance is allowed, it would open it up for others to ask for the same allowances. Armitage said the applicant is willing to make the sign legal. The awning is legal so it Will not have to be removed. It is difficult for the applicant because the frontage faces Water Street, has a Water Street address, but no access from Water Street. Jarvis said that people choose where:they decide to open a business. The Ashland Wine Cellar, for example, is in the same position as French Quarter. This is not an unusual circumstance. ASHLAND PLANNING COMMISSION g HEARINGS BOARD MINUTES JULY 12,1994 I Powell moved to approve PA94-104 and that the sign will be allowed but will have to be brought into compliance (24 to 30 sq. ft.) as Staff allows. This is a unique or unusual circumstance because the business fronts Water Street with a Water Street address with no Water Street access. Armitage seconded the motion, noting the applicant's slides show this is a peculiar situation. The motion carried with Jarvis voting "no". TYPE i PLANNING ACTIONS PLANNING ACTION 94-097 REQUEST FOR DISSOLUTION OF THE REQUIRED OPEN SPACE AREA FOR THE PREVIOUSLY APPROVED APPLEWOOD SUBDIVISION. APPLICANT: APPLEWOOD HOMEOWNER'S ASSOCIATION This action was approved. PLANNING ACTION 94-099 REQUEST FOR AN EXTENSION OF FINAL PLAN APPROVAL FOR 4-UNITS (PHASE II) OF A PREVIOUSLY APPROVED 81-UNIT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS LOCATED ON CLAY STREET, NORTH AND ADJACENT TO THE WINGSPREAD MOBILE HOME PARK. APPLICANT: HANK ALBERTSON The applicant needs to be reminded that the Commission with allow only a limited number of extensions. This action was.approved. ADJOURNMENT The meeting was adjourned at 2:45 p.m. ASHLAND PLANNING COMMISSION .4 HEARINGS BOARD MINUTES JULY 12,1994 ;1 IG BEFORE THE PLANNING COMMISSION July 12 , 1994 IN THE MATTER OF PLANNING ACTION #94-104 , REQUEST FOR A ) SIGN PLACEMENT VARIANCE TO ALLOW FOR A SIGN TO BE MAIN- ) FINDINGS,. TAINED ON AN AWNING NOT IN ACCORDANCE WITH CITY SIGN ) CONCLUSIONS CODE. ) AND ORDERS APPLICANT: GRADY & SUSAN GOLDEN ) -------------------------------------------------------- RECITALS: 1) Tax lot 10100 of 391E 9BB is located at the northeast corner of the intersection of East Main and Water Streets and is zoned C-1-D; Downtown Commercial. e 2) The applicant is requesting approval to maintain' a sign upon an awning at a location not in accordance with the City's Sign Code. A site plan and other pertinent materials are on file at the Department of Community Development. 3) The criteria for approval of a Variance are outlined 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 July 12, 1994, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS ZU r" For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. 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 "M" 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 maintain a sign upon an awning .at a location not in accordance with the City's Sign Code complies with the criteria for approval outlined in the Variances chapter 18. 100. 2 . 3 The Planning Commission finds that there are unusual circumstances which apply to this site which are not typically found elsewhere in the downtown. Specifically, the fact that the business faces Water Street, has a Water Street address, but has no access directly from Water Street, makes it difficult for patrons to find the place. In addition, the slides (Exhibit P-1) presented by the applicant show that the difference in elevation between the business and Water Street limits the visibility of the business from Water Street. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to maintain a sign upon an awning at a location not in accordance with the City's Sign Code is supported by evidence contained in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action 194-104. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action 794-104 is denied. The following are the conditions and they are attached to the approval: 1) That.all signs fronting 11thia Way, East Main Street and Water Street be removed, except that one sign or two separate signs totaling an area of 24 square feet be allowed along the Water Street side or East Main Street Side. "L I Planning Commissi Approval Date ASHLAND HISTORIC COMMISSION Minutes July 6, 1994 CALL TO ORDER The meeting was called to order by Vice Chairperson Terry Skibby at 7:35 p.m. Members present were Terry Skibby, Steve Ennis, Chloe Winston, H.L. Wood, Larry Cardinale, and Keith Chambers. Also present were Associate Planner Mark Knox and Secretary Sonja Akerman. Casey Mitchell, Jim Lewis and Bill Harriff were absent. APPROVAL OF MINUTES Ennis moved and Cardinale seconded to approve the Minutes of the June 8,. 1994 meeting as submitted. The motion passed unanimously. STAFF REPORTS PA 94-104 Sign Variance 10 Water Street Grady and Susan Golden Knox explained this application is for a Sign Code Variance for the placement of signs, the number of signs and the size of the signs for the French Quarter. The awning signs were put up with our permits, therefore, without approval. Knox said the Sign Code Ordinance is very cumbersome, but is a very good ordinance and has done a lot of good for the City as a whole. According to the ordinance, frontage is defined as a single wall surface of a building facing a given direction. These signs are painted on the Water Street, East Main Street and Lithia Way sides. Only the Water Street side sign is legal. The legal number of signs a business can have is two. The French Quarter has five, totalling 77 square feet. Only 24 square feet is allowed because there is only 24 lineal feet of the business. The ordinance prohibits variance approval for size and number of signs, and would need to be changed in order for this to be approved. He also noted the design is similar to others in the downtown area, however, Staff is recommending the variances not be approved by the Planning Commission as submitted. If the Commission approves the variance, the owners would still need to bring the square footage down to 24 feet. Cardinale asked if the awning would have to be removed. Knox answered it would not because it is all on private property, and added the awning is a separate structure because it is not entirely supported by the building. Chambers asked if the sign could go beyond the three foot limit. Knox said the ordinance was written to accommodate the rights-of-way,which would be public property,but since the awning is on private property, it could remain on the awning provided the square footage Z3 . was scaled down to what is allowed in the ordinance. When Winston questioned how the owners could not know about the Sign Code Ordinance, Knox stated the owners hired a contractor to make the awning and signs. Knox related the Commission would need to make sure there are extraoidinary circumstances if considering approval. There also may be long range impacts of such approval, such as setting a precedence for other businesses to apply for Sign Code Variances. Susan Golden, part owner of the French Quarter, stated the business is not actually facing a street, which has been a big dilemma. The building is at an odd angle in a parking lot. The address is on Water Street, but it is very difficult to find because there is no access off Water Street, only East Main Street. They wanted an awning which would look nice in Ashland and also be visually accessible. Ennis asked if the owners could cut down the number of signs to two and the square footage to 24 feet. Grady Golden, the other part owner, said there is actually 30 lineal feet to their business. Their business faces the beaver slide. He asserted one can't actually see the awning coming down North Main Street until past Munchies because of the espresso cart and the Adventure Center. They hired professional people to design the awning and signs for them and expected the contractor to follow the requirements. He would be,willing to remove the sign facing Lithia Way, but for the sake of his business, they need to keep the East Main and Water Street sides. When Chambers questioned his knowledge about the Sign Code Ordinance, Golden answered he relied on the contractor, as they were in the process of moving their business and remodelling at, the same time. Grady Golden also called attention to a letter submitted by Jac Nickels in support of the variance. Golden said the frontage can be worked out. They tried to do something tasteful and have received thanks and compliments for their efforts. They have also provided more security for the area with added lighting. The prior hair dresser located in the building went out of business because of the lack of visibility. Their problem seems to be the angle of building vs. street vs. address. Susan Golden noted the reason they are applying for the variance is because of their unique situation. Ted Clay, 219 Meade Street, stated if the real issue is one of recognizing the nature of the building, and if you look at the intent of the ordinance whereby the signs are not too big, since the nature of this sign makes it appear smaller, it would seem logical to approve the variance. Skibby stated the sign is large and it appears larger than the surrounding ones. Grady Golden stated many signs in the City do not comply with the ordinance. Knox replied he and John McLaughlin will be taking care of violations of the Sign Code Ordinance the following week, as everyone should have the same equal share and not compete for the largest sign. Ashland Historic Commission Minutes July 6, 1994 Page 2 Z4 Ennis reminded the applicants their request cannot be approved without public hearings and City Council approval of ordinance changes. Chambers stated there is an issue of symmetry here, as the awning looks out of balance. If everyone wanted a bigger sign, we would have what Ashland looked like 30 years ago. He can see, however, a reduction of size. Skibby said he does not feel bound by the fact the awning is already existing. Ennis noted if the sign permit application came in and it were being reviewed from scratch, it simply would not be approved. Skibby then stated a standard awning or sign on the building could be approved. He said he feels the sign should be regulated by the ordinance and the applicants should start over, since it was put up without a permit. Ennis stated he can see a special need for having the sign facing East Main Street, and personally agrees with the variance for facing East Main Street. Cardinale stated he has a similar circumstance with his business (Handyman). His building is located below Ashland Street and people have a very difficult time finding it. He personally feels the ordinance should be more lenient, but he does not have a say in it, so the ordinance should be followed. Winston remarked while she appreciated the applicants efforts, the signs are out of scale and she felt they should have been wiser. She advised the contractor should be financially responsible. Wood moved to recommend denial of the application to the Planning Commission,and Winston seconded the motion. Chambers asked for clarification. Winston stated the intent would be to remove the signs. Chambers said the massing and scale are too large, but he is not against a variance for the placement of a 24 square foot sign. The motion carried with all voting aye except Ennis and Chambers, who both stated they were not in favor of what exists, but felt the owners should be allowed to have a sign facing East Main Street. Ennis suggested the applicants go to the Planning Commission meeting agreeing to reduce the size of the signs and ask for a variance for the side location only. BUILDING PERMITS Permits reviewed by members.of the Historic Commission and issued during the month of June follow: Ashland Historic Commission Minutes July 6, 1994 2� Page 3 Architectural Design Works 1.105 Siskiyou Blvd. P.O.Box 1348 Ashland,Oregon 97520 503/488-0719 David Richardson AIA Architect Jac Nickels AIA CSI Architect 6 Jul 94 Dear Ashland Planning Commissioners, I am writing this letter,as a request,in defense of the planning action 94-104 which is in reference to the request for a variance to allow the awning sign to remain which violates the-present City sign code. I believe a hardship can be justified to approve this variance because of three basic reasons. 1. The distance and orientation of the entrance of the building to the pedestrian traffic on Main Street. 2. The angle of the building and entrance and its relationship to Main Street. 3. The elevation of the building and its relationship to the elevation of the sidewalk on Water Street. I find it interesting.that this particular business has a Water Street address.At the present,there is no route for direct foot trac from Water Street or what I refer to as the"beaver slide"to this business. The only sane way to access this business is from Main Street. If an addition were constructed within the same foot of this awning but with an entrance facing Main Street and a sign above the door this issue would have never risen. Economically, I'm sure this was not acceptable approach besides the fact it would have encroached upon the present parking. There are obvious reasons why it is important for this sign to be seen from the main flow of pedestrian traffic,which no doubt,is on Main Street. Without visual access to this sign,this downtown business will suffer. it is no secret that this business location laid vacant for many months primarily because of its location and visibility to the public. It's unfortunate that this issue of"signage was not resolved during the sign permit process. It is my understanding that the owner was unaware that the awning company had not applied for the permit and erected the awning in violation. If the proper procedures had been followed I'm sure this request for variance would be looked at more favorable. I personally, have no vested interest in this business and voice my opinion as a professional,a member of the community and lastly as the current President of the Chamber of Commerce. Thank you for your consideration on this matter. /AI Jac Nickels,Architect AIA CSI CC:Ashland Historic Commission Members Gordon Claycomb . -Lb The. French Quarter 10 Water Street Ashland, OR. 97520 (503) 482-9470 June 22, 1994 CITY OF ASHLAND 'Attn: John McLaughlin, Community Development Bill Molnor, Senior Planner In reguards to the awning and signage of the French Quarter, 10 Water Street. The letter dated May 2, 1994 from the City of Ashland stated that the issue is not the awning, but the signage. Due to the recessed angle of the building owned by Mr. Gordon Claycomb, which was built in the 1950's. We are requesting a variance to permit the signage facing Fast Main Street. The angle of the building doesn,t allow a proper view of a sign attached to the front wall of the building. To get the proper attention of our customers, it would be necessary to have signage on the Fast Main Street to survive. With out the signage it would be difficult to survive in this location, as for the last business ended up closing their door and the location sat empty for almost two years due to the bad business location. The address of 10 Water Street does not face any public street. It can not be seen by Fast Main Street or Water Street because of the location in the corner of the odd angle of the building of the private parking lot. We would also be willing to put a change of address to East Main Street because of the over pass and ramp, we can not be found down Water Street. The parking lot design does not allow entrance to the business from Water Street as it would be assumed by the address. This could make it very confusif, to emergency vehicles like an ambulance or delivery service in our hidden location. The letter from the City of Ashland, dated May 2, 1994 states that it was concluded that the awning itself is permissible but that the signage in the rear (facing Lithia Way) and in front (facing Fast Main Street) is not permitted. We regret the fact that we had contractors who failed to comply with city's ordinances for the awning and the signage. They work in Ashland and have been used by many other local businesses. As soon as we found out that they had done the work without a permit, we emediatally tried to apply for a permit and was refused. We regret that this happened during the confusion of moving from our 21 S. 2nd Street location to Water Street. As a Ashland Business started over 17 years ago, we know that we need the signage in our present location to survive. We relied on professional companies to help us in doing the right thing. Unfortunately they didn,t, so we are asking for a variance due the bad angle of the building that was existing since the 1950''s. Mr. Gordon Claycomb, property owner of the Orchard Plaza Mall and • 10 Water St. property, has informed us that his property is not itkclud7 ed in the historical part of Ashland. We have had several compliments from other businesses, Chamber Members, tourist and Ashland residents, since we have been in our location for about a year now. We have helped prevent the drug traffi -cing and loitering that had been going on in the back of the parking lot by the French Quarter. We've had employees of other businesses say that they feel safer since we've moved into the our location, due to our lighting. We are providing a service to our local people and also providing a service to our tourist that a lot of the local businesses rely on. With-out our signage on the East Main St. side of the awning we would not be able to survive. ' Please consider us for the variance, due to the hardship of the difficult angle of the building. We have been in the Ashland business community for the past 17 years and would like to continue serving our customers. Like a lot of the local business in our fair city, we rely on the tourist that visit to find us. The unique building angle'and impossible visibility from Water St. to the French Quarter because of the over pass to Main St. is reason for the need of the awning type -and- signage. We need to have the signage so that local customers and tourist will be able to locate us in the back of the parking lot with our unique building angle. THANK YOU Grady and Susan Golden The French Quarter 10 Water Street Ashland, OR 97501 Z`� CITY OF ASHLAND CITY HALL ASHLAND,OREGON 97520 telephone(woe 503)192-3211 C May 2, 1994 The French Quarter Attn: Susan Golden 10 Water Street Ashland, OR 97520 Subject: Illegal Sign Notice; Second Notice After our conversation today, I researched the Water Street file, but found nothing that would exempt your business from the Ashland Sign .Ordinance. I also discussed the sign problem with John McLaughlin, Community Development Director and Bill Molnar, Senior Planner about the possibility of a variance for the sign. Our conversation concluded that the awning itself,is permissible, but that the signage in the rear (facing Lithia Way) and in front (facing E. Main Street) is not permitted and would be recommended for denial if a variance was requested.. In addition, the possibility of a sign on the East Main Street side would be denied since the existing business (printing business) has a sign on that side,of the building which is at the maximum allowed square footage. If a building permit request was forthcoming, the sign would have to be reduced to accommodate your sign. In no way could the square footage of the two signs exceed one square foot of sign area for each lineal foot of business frontage. From all viewpoints, it seems that,this option might be your best •option. Although staff agrees that the building's orientation is somewhat unusual, as operatives of the City of Ashland, we are required to enforce all requirements of the Ashland Sign Ordinance. As such, the signs on the awning will need to be removed within 14 days of receipt of this letter. If you have any questions pertaining to this matter or would like to meet with me to further discuss it, please do not hesitate to contact me at 488-5305 Sincerely, / Mark L Knox Associate Planner CC: John McLaughlin, Community Development Director Bill Molnar, Senior Planner Z� el SARAH LCRIBB POPLAR AAC(:ASH* 20 1(503) 482-5857. -`des g6- strako� erw.-Allu' r ESTIMATE p o v,el mb e r, 9-.,, 1993... C ient:- Sue at the,-French,,,i.,Qu��.tter'...�,.' q+ d" Proje To paint graphics :as:\f dllows..�on.exisiting� awning; I 1 PROFESSIONAL SKIN�Wo-NAIL CARE 2)'' TENS WATER- S TREET No. 11 ) graphlcs/vill be painted all-`in '.6ne-' line c e h t,e re d -\ ` on black .porti on ..o f canv"as- on-.both sides of. awning . e Graphics,,no '2) w e' center d 0 n front .'Both graphics.. v . . . . will,-.be` J-.be\`.L painted`/in; whit e. and a-p atte rn 'will:`, b e agreed up`ork.before projedt ,begins; t)attern. will' show the -type styl6! — sl and;, exact 'lo ation , of graphs cs . z'paymb�A. . ?PaYmpnt .in.full less trade-amount) ,will be - !mAde within ,two .weeks of completion, of project.,' - Bost : Total of 72, letterb $7 per letter , -$5041, ladder fee -50 - -trade 83�. cost td--:,r-6�ain�t g:,grapb�icis :all �h des A $120,-. '1,5%-trade 1-8.' ' $100A 77 i V J, I.v l i C I T Y O F A S H L A N D C I T Y H A L L . °^~ ASHLAND,OREGON 97520 telephone(code 503)482-3211 r October 14 , 1993 's The French Quarter e Attn: Susan Golden 10 Water Street Ashland, OR 97520 Subject: Illegal Sign Notice In regards to our conversation today pertaining to the awning sign advertising your place of business at 10 Water Street, the sign is illegal and should be removed within 15 days from the receipt of this notice. As discussed, the sign does not meet the criteria needed for conforming signs under Section 18.96.080 of the Ashland Municipal . Code. This section of the ordinance clearly describes awning signs to be supported entirely from the exterior wall of a building. In addition, the projection of such signs shall not extend out to a maximum of three feet from the building's exterior wall. If you have any questions pertaining to this matter or would like to meet with me to further discuss it, please do not hesitate to contact me at 488-5305 sincerely, M rk L Knox Associate Planner mlk:h: \water 3 � ORDINANCE NO. AN ORDINANCE ENACTING A 0.40% REAL PROPERTY TRANSFER TAX, EXEMPTING $50,000 OF SELLING PRICE FOR SINGLE FAMILY RESIDENCES, AND DEDICATING THE REVENUE FROM THE TAX TO THE ASHLAND WATERSHED AND FOREST INTERFACE FIRE PREVENTION AND SUPPRESSION AND TO AFFORDABLE HOUSING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 4.40 entitled "Real Estate Transfer Tax" is added to the Ashland Municipal Code: Chapter 4.40 REAL ESTATE TRANSFER TAX Sections: 4.40.010. Short Title. 4.40.020 Purpose 4.40.030. Definitions. 4.40.040. Exemptions. 4.40.050. Rules and Regulations Promulgation. 4.40.060. Administration and Enforcement Authority. 4.40.070. Rate. 4.40.080. Extension. 4.40.090. Failure to Pay. 4.40.100. Statement of Full Selling Price Required. 4.40.110. Transaction Documentation. 4.40.120. Recordation Without Payment Unlawful. 4.40.130. Enforcement by Civil Action. 4.40.140. Review. 4.40.150. Failure to Pay or Apply for Exemption-Penalty. 4.40.160. Violations-Infractions. 4.40.170. Revenue Dedicated to Funding Affordable Housing and Forest Interface Fire Prevention and Suppression. 4 40; t�q,,'i'erYYtiO�tlors:.p�;'f 4.40.010. Short Title. This chapter shall be known as the "real property transfer tax ordinance" and may be so pleaded. 4.40.020. Purpose. The purpose of this chapter is to provide funding for the goals and projects identified in the "Affordable Housing in Ashland" Report presented and adopted by the council on and the goals and projects identified in the "Ashland Forest Plan" presented and adopted by the council on June 2, 1992. PAGE 1-ORDINANCE (p:ora\ux-fetr.ora)(swembu i, iv9a) 4.40.030. Definitions. As used in this chapter unless the context requires otherwise: A. "Date of tender" means the date of delivering to the director for recording the document transferring, or contracting to transfer, real property. B. "Director" means the Director of Finance of the city, and the director's designated representative, or any person appointed by the City Administrator to serve the functions of the Director pursuant to this ordinance. C. "Documents transferring real property" means and includes all deeds, instruments or writings whereby any ownership or title to real property is transferred to or vested in a purchaser or other person at the direction of the purchaser or contracts to transfer or vest such ownership or title in real property. D "Forest )nferfaW means those lands tdent i0 tr the Ashlane Comprehensive f tan as Wi_ r;`e Lands=and Includes forest an adloinrng the Ctty tC7 the jSOtltft between Vinghts Creek and rolman Greek E. "Person" means and includes individuals, domestic and foreign corporations, societies, joint ventures, associations, firms, partnerships, joint stock companies, clubs or any legal entity whatsoever. F. "Purchaser" means any person who is the transferee of ownership or interest in real property. G. "Real property" means and includes any estate or interest in real property and any contract right thereto, and includes standing timber. HAes)dental real property" means real property )mproved with not more than two Stngle-family dwellings and appurtenances of which at least one's ow... oceup)ed I. "Seller" means any person who is the transferor of ownership of interest in real property. J. "Selling price" means the consideration, in money or any other thing of value which is paid, delivered, or contracted to be paid or delivered, in return for the transfer of real property. "Selling price" shall include the amount of cash and the amount of any lien, mortgage, contract, indebtedness or any encumbrance existing against the property to which the property remains subject and which the purchaser agrees to pay or assume, as stated pursuant to ORS 93.030 on the face of any instrument conveying or contracting to convey fee title to real property. However, "selling price" also includes other property or value given or promised for the transfer of real property if such other property or value were either part or the whole consideration. K. 'Tender for recording" means submitting a document transferring real property to the County Clerk or other responsible County Officer for recording in the county deed records. L. 'Transfer of real property" means and includes every grant, sale, exchange, assignment, quitclaim or other conveyance of property in or title to real property, and also means and includes any contract for such sale, exchange, grant, assignment, quitclaim or other conveyance of ownership in or title to real property. Notwithstanding this, "transfer of real property" does not include instruments clearly shown on their face to be the following: 1. Estoppel deeds; PAGE 2—ORDINANCE (r:orMW-mU.wd)(Seet=b+1, 1994) 2. Deeds in lieu of foreclosure and all transfers of real property effected by order of any court of competent jurisdiction in a mortgage or lien foreclosure proceeding, proceeding for execution of a judgment, bankruptcy proceeding or receivership proceeding; 3. Vendor's assignments and all transfers or assignments of a seller's interest in a contract for the sale of real property, even though accompanied by a conveyance of the seller's interest in the real property; 4. Earnest money agreements; 5. Sheriff's deeds; 6. Options; 7. Trustee's deed as a result of foreclosure; B. Conveyances to or from a governmental entity; 9. Rerecording of documents; 10. Fulfillment deeds; 11. Documents recorded solely for security purposes; 12. Transfers of real property affected by appropriation or condemnation proceedings brought by the United States, the state of Oregon, the county, or any municipal or non-profit corporation; 13. Transfers of real property to effect a mere change in identity, form or place or organization; 14. Transfers of real property to effectuate the dissolution of a corporation, partnership or joint venture; 15. Transfers of real property by gift, devise or inheritance; 16. Transfers of a grave or cemetery lot; or 17. Transfers of real property between spouses effected by order of any court of competent jurisdiction in a marriage dissolution or separation proceeding fv1 Ashland watershed" rncludes the watershed drained try Ashtard Creek.and other watersheds drained by creeks running tttrpugh the city: 4.40.040. Exemptions. A 0 A document that does not clearly show on its face that it is . one listed in section 4.40.030.J may be deemed not to be a "transfer of real property" if an affidavit is filed with the director within fifteen days of tender for recording of the document. Extensions may be obtained as provided in section 4.40 080 for payments. Bq purposes of t amput�ng the tax orr transfers of res�dentral real property; $50,g0fJ Shall be subtraoted from the selling pnee of the;real property before the tax is computed if an affidavit is filed=w�#h thedrrector within fteen days;of tertider far recording of fhe daccment establishing;that the transfer involves r"esrdential real property l=xtensions'may b0(r�btamed as provided to section 4 40 08Q fot��ymertts '' Regardless of the number of S`rngte fatuity residences on the realproperty only $50,UdQ shall be deducted from the selling pace, 4.40.050. Rules and Regulations Promulgation.ion. Upon the recommendation of the director, or upon its own motion, the Council may promulgate rules and regulations necessary for the administration and enforcement of this chapter. PAGE 3—ORDINANCE (p:«d\tx.w.md)(sep�n�_r i, i9w) 4.40.060. Administration and Enforcement Authority. A. The director shall be responsible for the administration and enforcement of this chapter. B. In order to carry out the duties imposed by this chapter, the director shall have the authority to do the following acts, which enumeration shall not be deemed to be exhaustive, namely: administer oaths; certify to all official acts; to subpoena and require attendance of witnesses at board meetings or other hearings to determine compliance with this chapter, rules and regulations; to require production of relevant documents at public hearings; to swear witnesses; and take testimony of any person by deposition. 4.40.070. Rate. Beginning {November.. 1994,ja tax is imposed on each transfer of .. .._ _.. real property located within the corporate limits of the city. The tax shall be at the rate of 0.40% of the selling price and shall become due and payable within fifteen days of the date of tender for recording of the documents transferring real property. Liability for this tax shall attach upon every purchaser and seller of the real property located within the city which is transferred, and to any person who, as a party thereto, makes, signs or issues any document transferring real property or for whose benefit or use such document is made, issued or transferred; provided, however, that only one tax shall be imposed upon each transfer of real property. 4.40.080. Extension. A party may in writing to the director request a fifteen-day extension in which to pay the tax. The director may approve no more than two extensions. 4.40.090. Failure to Pay. It shall be unlawful for any person to fail to pay all or any portion of the tax imposed by this chapter. 4.40.100. Statement of Full Sellina Price Required. It shall be unlawful for any person to fail to state or to misstate the full selling price for any transfer of real property. When any person fails to pay the tax or apply for an exemption, as provided for in section 4.40.040, within the time provided for payment of the tax, there shall be a conclusive presumption, for purposes of computation of the tax, that the selling price is not less than real market value as defined by ORS 308.205, as determined by the county department of assessment and taxation. 4.40.110. Transaction Documentation. The tax imposed by this chapter shall be paid to the director, who shall note the date of such payment, the identity of all parties participating in the transfer of the real property and such other information as the director may require to identify the transaction. The director shall issue a receipt showing payment of the tax imposed by this chapter and shall take all actions necessary to stamp, mark or otherwise identify documents and transactions subject to this chapter. 4.40.120. Recordation Without Payment Unlawful. It shall be unlawful for any person to record, or tender for recording with the County Clerk or County Assessor or any other County Officer in charge of recordation of real property transactions any PAGE 4-ORDINANCE (y:md\ux-rar.md)(Sectember 1, 1994) 1 pF H August 11, 1994 II- Mayor and City Council ram: r_ Councillors Hauck and Winthrop SUbjE& Real Estate Transfer Tax to Fund Affordable Housing and Forest Interface Fire Management The Affordable Housing Committee's report, adopted by the Council in 1990, included as one of its policy recommendations the implementation of a real estate transfer tax in 1994 to fund affordable housing efforts, when.the State moratorium on such taxes expired. That time has arrived. Accordingly, we propose that the Council.consider adoption of such a tax.,Given the problems of drought and wildfire prevention, which have become urgent over the lst . a tax be divided between affordable several years, we propose that the revenues from such housing and fire prevention efforts in the the forest interfacdwatershed area. We have had some preliminary discussions with City staff. Based on these, we make the following suggestions and ask that if the Council agrees we request staff prepare an Ordinance which implements the tax along these or similar lines for a Public Hearing at the September 6 Council meeting. 1. How would revenues be raised? The tax would-be administered by Jackson County. We suggest that the tax be progressive on residential property, and a fixed percentage on commercial property. One option would be to exempt the first $50,000 of assessed value, and tax the remainder at 0.4 percent (forty cents per 100 dollars assessed value). Very rough staff projections suggest this would raise approximately $200,000 per Year. Stepped rates, excluding the first $50,000 with rates rising in $50,000 increments, would be a fairer method of assessment. 2. How would revenues be used? We suggest that the Council retain some discretion to adjust funding bety�.een �n of funds of affordable housing and watershed management, with not less than six pe r received in a given year appropriated for affordable housing efforts. Specificall y, we recommend that affordable housing monies be spent exclusively for the acquisition of land (i.e., land banking). These could be developed in various ways; either by the City, the County Housing Authority, or by non-profits. In communities with rapidly inflating housing markets such as Ashland, the provision of raw land is frequently the key obstacle to creating affordable housing. ASHLAND FOREST PLAN PROJECT SCHEDULE YEAR: 1995 1996 1997 1998 1999 PROJECT: McCormick Projects $50,790 $50,000 Forest Consultant 12,500 13,250 $14,045 $14,888 $15,781 Forest Patrol 12,692 13,454 14,261 15,116 16,023 Patrol Equipment 6,522 6,522 Fuel Break Maintenance 5,000 5,000 20,000 21,200 22,472 Forest Prescription 20,000 Recreation Plan 20,000 Ecosystem Plan 20,000 TOTAL Public Projects: $107,504 $101,704 $68,306 $57,726 $54,276 Private Property Projects: 32,496 38,296 11,694 22,274 25,724 GRAND TOTAL: $140,000 $140,000 $80,000 $80,000 $80,000 *The "McCormick Projects" are the balance of the Forest Plan identified projects on city owned land, implemented over a 2 year period. *Patrol and Consultant line items include a 6% inflation factor. *Forest Consultant to oversee contracting and assist with private landowner projects. *Fuel break maintenance can be a grunt match with the Job Council/HCRMP Program. (O.Y.C.C. Youth program will increase the impact of this funding.) *Various plans to be developed as recommended by the Forest Plan. *Patrol program is a 12 week summer program; includes 2 mountain bikes and radios. Equipment will need frequent replacement (3 year cycle max.) Program to be coordinated with SOSC Criminology or other department. ... .. ......... . City of Ashland Forest Plan Implementation Status The following information focuses on wildfire reduction activities recently implemented in the City of Ashland forest interface. Forest management planning and activities have included other concerns, such as ecosystem health, erosion mitigation,and recreation management. 'I *Starred items are completed projects. Parcel 1• "Fallon Reservoir' (Strawberry Lane) t j 5 acre parcel k Fuel Loading 25 to 41 tons per acre—moderate Critical site due to up-valley summer winds „ Forest Plan identified fuel reduction: 3 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,600 fi Parcel 2: "Crowson Reservoir' 5 acre parcel Fuel Loading 25 to 41 tons per acre—moderate 7-9 foot manzanita *Spring '94, Parks Dept. removed large snags *Spring '94, Fire Dept./Parks/SOSC scotch broom removal joint project Forest Plan identified fuel reduction: 4 acres . . . . . . . . $4,800 Parcel 3• "Granite St. Quarry" 80 acre parcel Fuel Loading 32 to 51 tons per acre—moderate to high Accelerating tree mortality (drought exacerbated) Erosion problems *Spring '94, Street Division, major quarry recontouring *Spring '93, spring '94, tree planting $12,000 Forest Plan fuel reduction: 10 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parcel 4• "Glenview Quarry" 20 acre parcel Fuel loading at 25 to 51 tons per acre—moderate *Sanitation logged in 1990 *1993-1994: Lithia Park to Glenview 4,224'x100' fuel break constructed by Parks Department, cut, piled, burned No immediate need for additional fuel reduction projects Parcel 5• "Ashland Canyon North" 160 acre parcel Conifers in fair condition Fuel loading at 85 to 136 tons per acre--moderate to high *1990 sanitation logged *1992 Water Department, additional slash reduction Forest Plan identified fuel reduction break: 15 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $14,400 Parcels 6 and 7: "Ashland Canyon South" and 'Reeder West" 165 acre parcel, south half of parcel burned in 1910 Fuel loading at 59 to 85 tons per acre--moderate Forest Plan identified fuel reduction/breaks: 7 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,400 Parcel 8: 'Reeder Reservoir" 40 acre parcel, burned in 1910 fire Fire intolerant white fir is replacing ponderosa pine and Douglas fir Fuel loading at 70 to 90 tons per acre—moderate to high Forest Plan identified fuel breaks: 4 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,800 Parcel 9: 'Wihbum Camp' 160 acre parcel, substantial old growth, did not bum in 1910 *1990 Sanitation/timber exchange logged, heavy slash remaining Fuel loading 168 to 268 tons per acre--extreme Higher altitude, restricted access reduces risk of wildfire ignition To be a designated Ecosystem Study Area in conjunction with SOSC Develop a prescribed bum program Forest Plan identified fuel breaks: 8 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,600 Forest Plan identified prescribed bum: 10 acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . $4,000 Parcel 10: "Siskiyou Mountain Park West" (Superior lumber.Parcel) 160 acre parcel, acquired in 1992 for Open Space Plan Fuel loading 168 to 268 tons per acre—high to extreme High risk of ignition due to recreational use of property Ashland "viewshed" *1990 Heavily selectively logged *1993-1994 HCRMP project area--37.57 acres of fuel break connected to USFS fuel break system, 2817 piles cut and burned, 1,075 more piles are ready for burning this fall *1994 Fireline trail heavily used—high ignition risk; 2,680' of trail constructed to connect to Ashland Loop Rd, 500' of trail closed (recreation management) *1994-1,000 seedlings planted Parks/City Coordinated Project Expansion: (For parcels 10 and I I) Expand flanks of fuel break, 12 acres additional fuel reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,976 Parcel 11• "Siskiyou Mountain Park East" (Superior Parcel) 120 acre parcel, acquired in 1992 for Open Space Plan Majority of parcel burned in 1973 Hillview fire . Heavy whiteleaf manzanita regrowth, extensive unbroken bmshfields *1994 820' of brush moved and piled, 820' of Hamilton Cr. loop trail constructed to redirect foot traffic *1993-1994 Job Council/OYCC/Parks erosion reduction projects, 24 waterbars installed, bridge constructed, cedar stairway constructed *1993-1994 HCRMP project area--Fuel break (see Parcel 10 for data). Forest Plan recommends selective logging of pine stands in about 5 years Parks/City Coordinated Project Expansion: (See Parcel 10). Forest Plan recommended forest patrol: Proposed 12 week program, July 1 to Sept. 22 (first year): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,214 (Proposed 12 week program, thereafter): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,692) Total Immediate Need: (73 Acres of projects on City property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,790 i Additional Information: ^Total timber removed from the Glenview parcel was 409,920 board feet(Phase I of the 1990 logging operation.) *Total timber removed from the Superior and Winbum parcels in Phase II of the 1990 operation was 1,020,400 board feet. —The 1990 operation was entirely by helicopter. —Of the total sale,7%was of trees len than 50 board feet in size —Tress to be saved were tmrked on the Superior parcel,trees to be taken were marked individually on the W'utbum parcel *1991, the City of Ashland joined the Hamilton Creels Coordinated Resource Management Plan Group, a partnership that has been widely recognized as a model for effective watershed management. *1993 Hamilton Creek Coordinated Resource Management Plan Group total public, private and grant expenditures: $123,650 '93 Hamilton CRMP Partners Oregon Youth Conservation Corps,553,299;Job Council,$22,442;City of Ashland,$11,978;USFS,211,266;Phoenix High School,$11,000; Private Land Owners,22,125;Governors Watershed Enhancement Board,22,000;OR Dept.of Forestry,21,200;So.Ore.land Conservancy, 26,150;OR Dept.of Fah and Wildlife, 2890;Bill Hicks,Engineering Geologist,other volunteers. *1994 Hamilton Creek Coordinated Resource Management Plan Group total public, private and grant expenditures: $105,155 '94 Hamilton CRMP Partners O.Y.C.C.,236,833;Job Council,224,637;City of Ashland,218,080;USFS,210,623;Phoenix High School,$5,825;Private land Owners,22,326; Governors Watershed Enhancement Board,22,000;OR Dept.of Forestry,21,432;so.Ore.Land Conservancy,21,289;Norton Lumber Co.,21,000; OR Dept.of Fish and Wildlife,2360;Bill Hicks,Engineering Geologist 2750. *1994, August: Forest Commission Chair Bill Robertson has successfully coordinated a Tolman Creek watershed management group. This group was just awarded a $25,000 Soil Conservation Service Forest Stewardship Incentive Grant. At this point, 14 neighbors have signed to participate in this grant. Ashland Parks Department: Lithia Park Fuels Reduction Program *9.75 acres fuel reduction, 728 piles cut and burned, over 3,100 snags removed from Glenview down through Lithia Park;more piles ready to be burned this fall, on-going program. Ashland Fire Department: *1991 to 1994, Spring: Door to door contact with all homeowners in Wildfire Lands Zone, provided information and educational materials. *1992, Initiated permit process for Fire Hazard Operations in interface, i.e. chainsaw Ilse, welding, heavy equipment operations. *1994, Hired interface patrol person, to patrol by mountain bike and on foot. *Ongoing public information program in schools, on TV, in newspapers. Ashland Police Department: (Community Service Volunteers), Watershed Patrol Program. Oregon Department of Forestry: Daily patrols in summer, works with homeowners in interface outside Ashland City Limits. Ashland Ranger District US Forest Service: *Fuel breaks; 1994, major fuel reduction program along Flanks of fuel breaks, daily patrols; fire engine, two water tenders, cat, helicopter dedicated to Ashland watershed protection. Private Lands: There are 831 acres of Wildfire Hazard Lands within the Ashland City Limits, as designated by the Planning Department's 1988 Wildfire Lands Map. Zone expansion of 20% proposed at 8/30/94 Planning Commission meeting. Forest Management Planning, Documentation *Completed planning includes 1) The City of Ashland Forest Management Plan, 2) Ashland Watershed Hazard Reduction Project Environmental Assessment, 3) Prescribed Burning Within Ashland Creek Watershed Environmental Assessment, 4) Hamilton Creek Coordinated Resource Management Plan, 5) Ashland Creek Fire Management Plan, and 6) Lithia Park Forest Plan. Also, Ashland Planning Department Wildfire Hazard area development standards require fuel reduction work and fire management plans. Fire management plans are subject to review by the Ashland Fire Department. Additional Grant Programs Applied for: Northwest Economic Adjustment Initiative- Joint application with Ashland Ranger District,USFS We are currently on the program list,but were not approved for funding Americorp Jobs Grant Program— Not a cost effective program for us. Effort are currently tabled. State of Oregon Watershed Enhancement Program—(Loucry Funds) Hosted an on-site Watershed Program staff review of a grant Proposal for 238,101 on Augurs 1, 1994. Staff arc 'interested'. OF AS L f emorandnm '..04F00� ... r August 29, 1994 �11D: Mayor and City Council r I r ram: Kelly Madding, Housing Officer �$uhjet* Real Property Transfer Tax i Background: In the late 1989, the Ashland City Council responded to the rising housing prices by forming a citizen committee, the Affordable Housing Committee. The Committee's charge was "to find ways to preserve the diversity and character of the community by making housing available and affordable to a wider range of Ashland residents" . In 1990 the Affordable Housing Committee produced a housing policy document entitled, "The Affordable Housing Report" . In the report the Committee' recognized that in 1993 the State moratorium on local jurisdictions establishing a real estate transfer tax would sunset. Thus, the Committee recommended establishing a local real estate transfer tax, to be earmarked for affordable housing efforts. Four years after the issuance of the Affordable Housing Report the need for housing for low- and moderate-income households remains acute in Ashland. There are various indicators of the degree of housing need for low- and moderate-income households. Indicators include number of households on the Housing Authority waiting list, percentage of households paying more than 30% of their income for housing (considered cost burdened) , and the cost of purchasing a single family home in relation to area median income. There are 153 low- and very low-income Ashland households on the Jackson County Housing Authority waiting list. It is estimated that forty-six percent of the renters in Ashland are housing cost burdened. Currently, , the average sales price for a single family home is $148,412. To qualify for the average house a household would need to earn approximately $52,000. The median income for a-family of four in Jackson County for 1994 is $35, 200. Discussion: A rational nexus exists between real property transfer tax revenue and providing affordable housing opportunities for those households being priced out of our community. The most logical revenue-expenditure relationship would be to use the revenue generated from real estate sales to purchase land. This land could then be used to leverage additional public and private funds, providing a continuum of housing opportunities for the citizens of Ashland. The City has focused the new federal Community Development Block Grant funds on the very low-income and while it continues to support the program encouraging private developers to construct housing for families at up to one hundred thirty percent ($45,760) for a family of four) of median income. The revenue from the real estate transfer tax could be used to fill in the housing gaps, assisting those from 50%-100% ($17, 600 - $35, 200) of median income. There are numerous housing related uses for the revenue, ' but one of the most efficient and effective uses could be purchasing land. Land purchase programs could include: •Landbanking allows an agency to purchase land and hold it until a project that best utilizes that land presents itself. The land is typically held between one and five years. The City of Eugene dedicated general fund monies in the mid-1970's for a landbanking program and reaps the benefits today by being able to sell cheaply or give land to those committed to producing affordable housing. The City could purchase land similar to the methods used by the Parks Department. For example, the City could purchase 'scattered sites or a large parcel of land using a land sales contract. This would allow the City to pay for the property over a period coinciding with the tax revenue cash flow. *Another option for the land would be to start a Community Land Trust (CLT), program. Under this scenario an agency purchases land and that land is leased to individual families, cooperatives and others through long term leases. While the leaseholders do not hold title to the land, they may own the housing units/structures on the land. CLT's can benefit low- and middle-income residents by turning the profits associated with landownership into savings for the residents. There are CLT's operating successfully in Orcas and Lopez Island, WA, and in Jackson, WY. These communities are similar to Ashland in that they have experienced rapidly inflating land prices. An example of how a CLT program would benefit low- to moderate-income Ashland residents is: Terms Today Terms in 5 Years (3% inflation rate) Sales price of the house - $60 , 000 $67 , 500 Total Monthly payment $590 $689 Income to Afford $25, 285 $29, 529 Percent of Median Income 72% 1 83% Although land acquisition is an effective tool to stabilize the cost of housing it is not the only tool in the housing toolbox. Flexibility is necessary in order to take advantage of the numerous housing opportunities that may arise in the future. A need for flexibility could come if land was donated, for example, to build transitional housing for homeless families. In this instance, if the real property transfer tax revenue was limited to land acquisition, then the City would be precluded from assisting in the construction of the shelter. Recommendation: The City of Ashland should establish a real property transfer tax. A proportion of the funds, to be determined by the City Council , should used to fund a continuum of affordable housing efforts. . .... _... . .�. .� ... _. .:.:. .:. .. .:... :...:....., , .,._ ::. ... ... . ,...... . Office of the City Attorney City of Ashland (503) 4823211, Ext. 59 _ MEMORANDUM August 30, 1994 TO: The Mayor and Council FROM: Sharlene P. Stephens, ALS SUBJECT: Attached Ordinance of the City of Ashland Amending Section 18.08.300 and Adopting Chapter 18.94 of the Ashland Municipal Code Relating to Home Occupations The attached two ordinances are being sent to you at this time pursuant to Article X, Section 2(c) of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. . These two ordinances differ only in that John McLaughlin has prepared one in the annotated format and the other in the proposed final format. In the annotated version the sections to be deleted are ugh and the new verbiage-is redfaned. Attachments c: Brian Almquist Peggy Christiansen John McLaughlin Nan Franklin (s:\council\f.ontoccu.meml 11 I i.. ...._._.�.._ ..... ......... .<:,�,�s..:. ii E Ordinance No. AN ORDINANCE AMENDING SECTION 18.08.300 AND ADOPTING CHAPTER 18.94 OF THE ASHLAND MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (PA-94-050) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: I Section 1. Section 18.08.300 of the Ashland Municipal Code is to read: i 18.08.300 Home occupation. A commercial activity permitted in a residential zone as provided in Chapter 18.94. Section 2. Chapter 18.94 of the Ashland Municipal Code is adopted to read as follows: - Chapter 18.94 HOME OCCUPATIONS Sections: 18.94.100 Purpose and Intent 18.94.110 Conduct of Home Occupation - Standards 18.94.120 Prohibited Uses 18.94.130 . Permit Required - Application 18.94.100 Purpose and Intent. The purpose of. this chapter. is to encourage those who are engaged in small sc-a{e-commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters farther or which, ra-by: the nature of the heme eeeupation venture, c-annex be eye-paraded to full sea+e eater-prrses areapop prrtate En scale and impact to be operated within a resftlence. Home occupations shall also be recognized for their contri.bution'in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. However, full seale iarge inl(%ae commercial ef-prefessienal-operations, which would ordinarily be conducted in a commercial or employment district shall continue to be conducted in those districts and not-at-home as a:OTT occupatio . 18.94.110 Conduct of Home Occupation - Standards. Home occupations shall be subject to the following standards: PAGE 1-ORDINANCE (mlk:home-occ.Ord) l Ordinance No. AN ORDINANCE AMENDING SECTION 18.08.300 AND ADOPTING CHAPTER 18.94 OF THE ASHLAND MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (PA-94-050) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: i Section 1. Section 18.08.300 of the Ashland Municipal Code is to read: 18 08 300 Home occupation. A commercial activity permitted in a residential zone as provided in Chapter 18.94. Section 2. Chapter 18.94 of the Ashland Municipal Code is adopted to read as follows: Chapter 18.94 HOME OCCUPATIONS Sections: 18.94.100 Purpose and Intent 18.94.110 Conduct of Home Occupation - Standards 18.94.120 Prohibited Uses 18.94.130 , Permit Required - Application 18 94 100 Purpose and Intent. The'purpose of this chapter is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations shall also be recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. However, large-impact commercial operations, which would ordinarily be conducted in a commercial or employment district shall continue to be conducted in those districts and not as a home occupation. 18 94 110 Conduct of Home Occupation - Standards. Home occupations shall be subject to the following standards: PAGE 1-ORDINANCE (mlk:home-occ.Ord) Memorandum GREGO" September 2, 1994 �D: Brian Almquist, City Administrator rum: Steven Hall, Public Works Director ,�$axhj>ett: Council Work Session - Wastewater Treatment Plant ACTION REQUESTED City Council set a date for a work session to receive an update on activities and a review of options under consideration. Intent is to begin deliberating towards the selection of a preferred alternative. Does the Council wish to have representatives from Brown and Caldwell Consulting Engineers who prepared the Facilities Plan and/or Woodward-Clyde Consultants who prepared the Addendum to the Facilities Plan for Wetlands? BACKGROUND On December 16, 1993, a meeting was held in Eugene to discuss a watershed approach to water quality issues for Bear Creek. The intent of the meeting was to begin gathering input from all involved state agencies and local representatives and to discuss mutual concerns. Another goal of the meeting was to research options for increasing flows in Bear Creek during critical summer months and the options Ashland is considering to meet the adopted Total Maximum Daily Loads (TMDL's) established by the Oregon Environmental Quality . Commission. Several documents which will be used at the work session will be on the table prior to the September 6 meeting for your later review. I will follow up with a discussion memorandum on the documentation in the next few weeks. The final Wetlands Addendum should also be available in.about 2 weeks. I hope to expand on the Treatment Options/Summary and include summaries of environmental benefits, degree of risk, and similar issues. cc: Ashland Wetlands Coalition Nancy Abelle .em.+�w'_.=.n. ...,._..r..a...v .n...v..,n.vsn..u....u,..+er.•................. .... . ... . . .a..._.. •, ni.......v..w.............. . .... . encl: Council Goals & Objectives Treatment Options/Summary Detail Cost Analysis, 6/30/94 Minutes State Agency Meeting, 12/16/93 Letter to Al Cook, 3/25/94 Oregon Water Resources Response Mullane Response, 7/22/94 CITY OF ASHLAND WASTEWATER TREATMENT PLANT GOALS AND OBJECTIVES* Adopted by dm C4 CeuncB October2Z 1882 - Revhedln ft"NovemberA 1M ReWSed/MCWHnned SepNmbn21,IM The Ashland City Council requires the Ashland Facilites Plan to the maximum extent practicable to: 1. Satisfy Oregon Department of Environmental Quality(DEQ) standards for effluent from the Ashland Wastewater Treatment Plant (WWTP); . 2. Replace the volume of WWTP effluent removed from Bear Creek; 3. Support the natural ecology of Bear Creek;and 4. Minimize capital and operating costs of the WWTP. 5. Eliminate odors created by the WWTP. S�17�A'lE.(V�CJ�lat�f(E�.9{.1/VTlAi17�(tl The Ashland City Council will give full consideration to the possible use of multiple objective open surface wetlands technology to assist in achieving the WWTP goals. M1NfMUM 06JErr7]! The Ashland City Council will determine whether the use of expanded open surface wetlands technology In conjunction with the Ashland Facilities Plan Alternative 3A might produce effluent which could be delivered to the Talent Irrigation District(TID) in exchange for Bear Creek water during summer months, thereby: 1. Maintaining summer water flow levels in Bear Creek, and 2. eliminating the need to establish and maintain the effluent irrigation system proposed in Alternative 3A. Canny WWTP C..b . P.91 2 The City Council will take the following specHic actions to facilitate the achievement of the WWTP Goals by: 1. Undertaking a program of public education which will encourage voluntary activities to reduce the level of phosphates introduced Into the the WWTP; and 2. Promptly obtain and fund a study to determine the feasibility of using multiple objective open surface wetlands to achieve the WWTP Goals. U ; D b � bps ' � 9 a e �pCL ep� s n In y ° S w k o � � r [�" n $ e o ei b8!z q W S C H N 2 is 8 h raj d. �<�� 0 h fie 3 p V r r r h U 3 S' o C S H N N O O O C ° WU V r .ri .^. 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BEAR CREEK COMMITTEE MINUTES OF MEETING December 16, 1993 Offices of Brown and Caldwell Eugene, Oregon [Minutes prepared by Steve Hall] Meeting was convened by Steve Hall at 10:20 am. An attendance roster is attached. Rob Winthrop welcomed all to the meeting. He pointed out the varied groups who are approaching the same subject including this committee, the 2050 Committee and the four 2050 subcommittees, the Southern Oregon Mayors Association (Water Alliance), state Watershed Health, Forest Summit/Habitat Restoration ("Billy Bucks"), Soil Conservation Service and other nonprofit and/or environmental groups. He requested a listing of all such groups and potential areas of overlapping responsibility for the next meeting. Winthrop suggested a purpose statement for this committee: To enhance the Ashland Wastewater Treatment Plant(AW WTP) facility planning effort by coordinating with other related efforts for the health and habitat of Bear Creek. The purpose statement was accepted by the committee. Ed Olson suggested that Neil Mullane talk about the water quantity and quality issues from DEQ's perspective. Mullane gave a brief overview of the process. DEQ has two models they may follow to meet water quality standards. The first is based on the technology of a WWTP using waste load allocations based on WWTP flow. The second, and the one used by DEQ, is the total maximum daily load (TMDL) process. This process involves analyzing the stream and setting instream standards (concentrations) as related to stream flow. Mullane noted that the City of Ashland has to meet instream standards at the end of the "mixing zone" as defined for the AWWTP. Winthrop asked Mullane if the amount of pollutants allowed in Bear Creek would be reduced if stream flows became less over time due to any changes such as climate, etc. Mullane said the Ashland permit is based on a "7Q,o" flow in Bear Creek. This flow is defined by the 7 consecutive days of low flow in a 10 year period. Anne Squier asked Mullane what effect an increase in phosphorous above the current 9 Bug=Mmu P.g.2 background level would have on Ashland's requirements. Mullane noted that the background upstream sources would have to be reduced to the established level. It is not the responsibility of the AWWTP to bring background levels down to standard at the end of the AWWTP mixing zone. Squier asked how the determination of compliance would be made for Ashland if the background levels of phosphorous exceeded those levels above the AWWTP. She asked if the discharge standards from the AWWTP would control in that instance. Mullane said yes, with a check at the end of the mixing zone for compliance, but not for enforcement. He noted if the check at the end of the mixing zone indicated noncompliance, DEQ would look at changing the mixing zone or the allowed concentrations from the AWWTP. Squier asked what would be required to adjust the AWWTP permit standards. Mullane gave an example. If instream background phosphorus level is at the established limit and the AWWTP discharge is at the established limit and the resultant tests at the end of AWWTP mixing zone indicates the standard is violated, DEQ would have a reason to review and possibly adjust the AWWTP permit. Jim Hill noted that the AWWTP is not responsible for background pollutant levels existing in Bear Creek above the AWWTP. Mullane concurred. Winthrop suggested that we all use and understand the same terminology so that we can eliminate a lot of "nondiscussion". He noted that it would be preferable that we use "common English" instead of our own individual technical verbage. Marc Prevost noted that one flaw in the establishment of the 7Q10 flow is that it is based on one flow station located at the Jackson Stream Dam. This may or may not be representative of average or differing flow conditions throughout Bear Creek. Hill stated that he felt that water quality is the key issue and that this committees responsibility was not to find water to supplement instream flow. He asked if the committee felt that what we were doing was worthwhile. Winthrop noted that there were different concepts of what was being done for Bear Creek. He said Ashland was not going to challenge the EQC/DEQ standards, but rather work to improve overall beneficial uses in Bear Creek through a regional solution. The key is how we can jointly "fix" Bear Creek. 10 I, ft=minut" Peg.3 Hall noted that Ashland has worked to produce a study group such as this to look at all issues relating to Bear Creek including water quantity and water quality. He noted that it is virtually impossible to separate quality and quantity. Hall also noted that Ashland intends to continue in this process even if other agencies decide not to do.so. Hill said that the nonpoint source permit should not be enforced until the AW WTP is completed and the results hive been evaluated. - Winthrop noted that we needed the cooperation and coordination of all parties to "sell" a project on a holistic basis. Ashland is seeking such a solution to Bear Creek water quality and quantity issues. Prevost suggested that the 2050 Committee be utilized to facilitiate and coordinate the overall discussion of Bear Creek water quality and quantity issues. Olson noted that the goal of the 2050 Committee was to coordinate the process for water quality and quantity issues for Bear Creek. He noted that the water quality issues are flow based and therefore we cannot divide those issues into separate items. He noted that political and technical issues have to be merged together. Winthrop noted that the outcome is not just for Ashland's benefit, but for Bear Creek as a whole. The ODFW and DEQ minimum stream flow requests are critical to the entire process. Bob Hunter suggested that the committee focus on the suggested water resources and deal with the how/what/why/when issues. Al Cook noted that OWM is looking at the project holistically. He noted that we have to look at managing what we have through water marketing, brokering, etc. and this committee is embryonic to that process. Cook noted that existing water rights and stream health are important components of this review/study process. Of particular concern is the third party implications which may be affected by any of the proposed options to increase water flow in Bear Creek. Mike Wolf noted that the committee should advocate conservation to offset instream needs to provide for "found" water under the new conservation legislation. Pete Naumes noted that we were on the right track, but must realize that it could take us 2 years or more to get the right results. We must focus on the right results, not how fast we can get results. Hill noted that the Medford reclamation project was looking at direct discharge into irrigation canals because of the implications of water quality (e.g. algal growth) in Agate I II Eugene Minutes Page 4 Lake. Assumption is that reclaimed water would replace MID water, thus freeing other water in the Bear Creek basin foi other use such as instream. Hollie Cannon said that the increased flows from additional capacity in Agate Lake would require increasing canal capacity to RRVID. An advantage to feeding directly to the canal would be the ability to eliminate the Jackson Street Diversion and screens. He noted that conserved water lessens stream flows but increases water quality because of the minimization/elimination of return flows. Cook noted that stored municipal and industrial water could be used for any beneficial use except hydropower generation. Cannon said that ODFW and special interest groups need to communicate their perceived demands on agricultural water to the irrigation districts and understand that agricultural use of water then agriculture will be a lot more cooperative in establishing minimum flows. Naumes noted the urbanization of agricultural lands is going to shift the demands for the agricultural stored and instream water rights. As lands are withdrawn from agriculture, there will be less agricultural customers to pay for the water. He suggested that a "new customer" be formed which would by a paying customer for those water rights converted from agricultural to instream. Under current law, those who "buy out" water rights are not responsible for the capital or maintanence and operation costs of an irrigation district. Cannon noted that they had run calculations that indicated a cost of $1700 per residential lot would allow the conversion of water rights to instream and allow TTD to remain financially whole. It was agreed that the cost of conversion from agricultural to instream use has to be found before this option can be realistically evaluated. Naumes said that keeping water in the upper reaches of the Bear Creek basin for recreation uses is a major issue to consider. Cook said that one of the major problems is not having data on flow throughout the Bear Creek basin. Without data from several points on Bear Creek, It will be extremely difficult to establish the effect of increased flows throughout the reach of Bear Creek to meet the indicated minimum ODFW flow of 10 cfs. He said that the Emergency Board had granted OWRD $65,000 to conduct a study of the flow regime in Bear Creek. The study will take about 18 months. He noted that the critical need will be for political and technical cooperation to resolve the minimum flow issue after the flow study is completed. 12 Eugene a Page 5 Mullane said that the committee needed to package all resources then examine the time and costs involved to mesh the AWWTP with nonpoint source control and stream flow. At that time, DEQ/EQC could deal with potential delay in the timing of the AWWTP. He noted that any delays would have to be short term. Cannon said that conversion to closed/pressurized systems would eliminate return flows, minimize system losses and allow "saved" water to remain in storage for other uses. P1566 is the key legislation dealing with conservation. Cook noted that a major issue will be flexibility on how to deliver water to who, where and when. There is no "new" water, only better managed water. Olson said that the Medford Water Commission is continuing to work with the City of Talent to provide Medford treated water through Phoenix to Talent. It will cost $1,000,000 to provide a partial supply and $2,000,000 to convert Talent totally to Meford water. Estimated time frame is 4 to 5 years with funding the most critical issue. The project has not received a high rating for Clinton's "Billy Bucks". If Medford provided all of Talent's potable water, 600 acre-feet of M & I water in Howard Prairie would be available for other use. Cannon noted the limitation on maximum flow of M & I water from Howard Prairie at 2 cfs as established in the allocation permits. Cook noted that agencies should begin looking at purchasing or leasing water rights as they become available. Hall noted that Ashland is in that process at this point in time. Ashland had tried to aquire water rights which were undergoing proveup, but, unfortunately the water rights were lost due to nonuse. Olson encouraged the committee to explore the possibility of setting up a "forum" or mechanism to deal with the aquisition of water rights as they come available for the Bear Creek watershed. He asked if any "donor" of water rights could write the "gift" off on taxes. Hunter said yes. Hunter also suggested that such a "forum" could aquire land and resell the land and maintain the water rights within the umbrella of the "forum". Hunter noted that the Oregon Water Trust functions in such a role. John. Hoh-oyd briefly described Ashland's options for the AWWTP which include year around, partial year around or no discharge to Bear Creek. (Refer to White Paper for details). Olson said that the 2050 Committee would provide technical support to the AWWTP facility 13 Eugene Miauw Page 6 planning by looking over the options for the AWWTP, nonpoint pollution and flow issues. The 2050 Committee will remain politically neutral through the process. Winthrop noted that an ideal solution to Bear Creek water issues would be to establish a common pot of money to deal with point, nonpoint and quantity issues on a prioritised, cost-effective basis. . The following action items were established with the attendant assignments: 117EM ASSIGNED TO DUE DATE Edit Issue Paper Exhibit "A" and pass Steve Hall ASAP on to Neil Mullane. ODWR Flow Study based on $65,000 Al Cook, Bruce Sund, Marc 18 months Grant from Emergency Board Prevost 2050 Instream Committee position Marc Prevost, Eric Vittmer Note: 12 months paper. (Similar to Agriculture paper) $10,500 funding squired. Minutes of Meeting Steve Hall ASAP Note: Circulate draft for all to review prior to public issuance. Further investigation of water Bruce Sund, Al Cook, Steve Hall End of April, 1994 quantity issues, time frames, Note: This will be key item for stumbling blocks(political& discussion at next committee technical) meeting. First meeting set for 9:00 am, 12/28/93 at OWRD office in Grants Pass Look at other groups involved in Marc Prevost End of April, 1994 water issues in the Rogue Valley, identify overlaps of responsibility and funding sources Meeting adjourned at 3:15 p.m. Next meeting will be set in early May, 1994. 14 ATTENDANCE ROSTER December 16, 1993 NAME/TITLE AFFILIATION/ADDRESS PHONE/FAX Hollie Cannon Talent Irrigation District (503)535-1529 Secretary-Manager P.O. Box 467 Talent, Oregon 97540 Michelle Irwin Talent Irrigation District (503)535-1529 Administrative Assistant P.O. Box 467 Talent, Oregon 97540 Al Cook Oregon Water Resources Department (503) 474-5385 Regional Manager 101 N.W. A Street (503)474-5389 Southwest Region Grants Pass, Oregon 97526 Steve Hall City of Ashland (503) 482-3211 Public Works Director 20 East Main Street (503)488-5311 Ashland, Oregon 9757A-1814 Jim Hill City of Medford (503)770-4520 Wastewater Reclamation Administrator Public Works Department (530)770.6548 411 W. 8th Street Medford, Oregon 97501 John Holroyd Brown& Caldwell Consulting (503)686-9915 Project Manager Engineers (503)686-1417 1025 Willamette Street-Suite 300 Eugene, Oregon 97401-3199 Bob Hunter 1175 East Main Street (503)772-6115 Water Watch Suite 2E (503)779-0791 Chairman, 2050 Instream Committee Medford, Oregon 97504 Neil Mullane Oregon Deparment of Environmental (503) 229-5284 Quality (503) 229-6124 811 S.W. Sixth Avenue Portland, Oregon 97204-1390 Pete Nannies Naumes, Inc. (503)7726268 President, Nannies, Inc. 2 Barnett Street Chairman, 2050 Agriculture Committee Medford, Oregon 97501 Gene Martin Jackson County Citizens League (503)772-3981 Jackson County Citizens League 2424 Nieto Way Medford, Oregon 97501 Ed Olson Medford Water Commission (503)770-4511 Manager, Medford Water Commission Room 286 (503) 857-4400 Chairman, 2050 Committee 411 West 8th Street Medford, Oregon 97501 IS Marc Prevost Rogue Valley Council of Governments (503)6646674 Water Quality Coordinator P.O. Box 3275 (503) 664-7927 Coordinator, 2050 Committee Central Point, Oregon 97502 Greg Robart • Oregon Department of Fish&Wildlife (503)2296967 Water Quality Coordinator 2501 S.W. First Avenue (503) 229-5969 Water Projects Management Portland, Oregon 97207 Anne Squier Governor's Office (503) 378-3548 Senior Policy Advisor Capital Building, Room 160 (503) -Natural Resources Salem, Oregon 97310-3111 Bruce Sund Oregon Water Resources Department (503)474-5385 District Watermaster 101 N.W. A Street (503) 474-5389 Grants Pass, Oregon 97526 Rob Winthrop 347 Guthtie (503)482-8004 Ashland City Councilor Ashland, Oregon 97520 (503) 482-8004 Mike Wolf Oregon Department of Agriculture (503) 378-4 Natural Resources Division 635 Capitol Street N.E. Salem, Oregon 97310 CONTINUE ON MAILING LIST (Not in Attendance) NAMEf= AFFILIATION/ADDRESS PHONE/FAX Bruce Andrews Oregon Department of Agriculture (503)3784152 Director 635 Capitol Street N.E. Salem, Oregon 97310 Larry Blanchard City of Central Point (503)664-7602 Public Works Director 155 South Second Street Central Point, Oregon 97502 Randy Fisher Oregon Department of Fish&Wildlife (503)229-5410 Director 2501 S.W. First Avenue (503)229-5969 Portland, Oregon 97207 Phil Ward Oregon Department of Agriculture (503) 3784152 635 Capitol Street N.E. Salem, Oregon 97310Oregon 16 POTENTIAL WATER RESOURCES NARRATIVE: These potential sources of water for Bear Creek are presented as "ideas only" fully realizing that each may have difficulties practically, politically or legally and may contain a fatal Flaw. The options are intended as a starting point to discuss methods of providing for a minimum flow of 10 cubic feet per second in Bear Creek. The list has been updated based on discussions at the 12/16/93 meeting in Eugene. SOURCE mow CAPITAL ANNUAL TIME ISSUES GAIN COST COSTS TID Exchange with Ashland for reclaimed 0 cla Unknown Unknown 24 years Key to Ashlancre word decision on faculty Plan New eity gaff amens exchange for 1.741 tie $200,000 612.000 N years 03 mild needed to mialmed water to Irrigate go"course i6o0.000 Medford reclamation Project,watsr from so ch, sts,0eap loo {500.000 Year 2ea0 tiger are not W WTP 10 Bradshaw Drop/Agsa lake If"AN.oW mailable to afraid coats,advanced treatment will be pursued se me most toad affective option. geeau"of nutrient Ietu,in Agats lake, reclaimed water would be placed directly Into Irrigation"no[. Using Medford Was Commission Unknown 24 years Would be Interim facilities to tranermit Big Buse Springs project until MFR ends to Bradshaw Drop/Agats Lake mselamation project Agate Reservoir(Doubla from 41,000 aHd Design pipelin to meet to 0,000 ao-lq"' so-MM's reclamNon ",000.000- project eystsm nerds. Pipeline(Assu1M 2 miles)" $2,000,000 15 cts {2.000,000 Water eonservamon for agriculture and 0%to 75% Unknown Unknown domestic water supplies/users of total Talent Irrigation Dlarid conserve Medford Irrigation District Wald Rogue River Valley Irrigation Dismal City of Ashland City m Talent Cawersfon of agricultural lard to urbsm ?M Unknown Unknown Need to establish bust WM and disposition of agricultural water fund and source of rights-should be converted to Insomen money to acquire rights water rights Irrigation dlstrlca reduce return Sows Unknown Unknown 1-2 years maintaining higher 11 aws in ilea Creek preautheriaad an phase by Tsierri iwlgerfon District federal Medford Irrigation District 7777 gmemment, Rogus Rlwr Valieyimgation 777} - 1-2 years Dismet tTTT planning,2 years construction City at Ashland-water In Howard Prairie 16011 Unknown Unknown Resemlr for domestic and Instrsan now ae-n supplement »» 17 Slats Regulation On agriculture t9TT Unknown Unknown 'conservation,minimum of 25%W 10tal consentedan edit be converted to IrrehYm water Halite. annount can be Increased based an pmponton of private funds Involved. Convention of City of Talent water system' so $1,000,000 Unknown H month,H W Medford guppy. Win make Harvard ac-ft pedal financing PraUN Municipal/Indushitl weer conversion, available,ey. aasllable $=.000,000 low on WIN Clinton conversion priority listing. Probably 45 Years• Marketing of water.e.g.Proposal by fW/R Unknewn Unknown . ts'teaea'Ashland M A I water from Harvard Prairie for Imamate,Now supplement ' • Based on CH'Mdllll study March 1992 •• Based On CH'Mdllll study March t$92,costs for Hogue RIW Ammative,11 Inch diameter pipe. ••• Information from US Bureau of Reclamation •�• imarmedea Indicate,Hal all W Me w~may be under obligation by Me Cmas of Talent and Ashland wtih the exceptional 11 coreaess ongoing discussions M occurring with OWRD,TD,USSR and Ashland. Meeting scheduled tsr 1/10/as may Iasol,•/answef some M these Issues. NOTE: Annual costs for agricultural water through the Talent Irrigation Dlatric%costs an$10/a ft for water and$a/acm for debt reduction. H:%STE�RCR MWMDI 18 _ 1 � 1 2:TY OF ASHLAND DEPARTMENT OF PUBIC. WOMB aNTP ALTERNATNES ANALYSIS Pile; SKSTEVETOTUSiTMDLALT.WDI i updated: 06130194 OPTION DATE OF ENR @ BUILD ] t M FUSE'-- CU'FENT CURRENT CURRENT CURRENT CURRENT TOTAL COSTS DUE COK C0°, VALUE AT ENR COST COST COST TOTAL FRESEIT g DATE @ DATE 5 D. .- 05nN94 (BUKM (O P.: M) REPLACEMENT PRESENT VALUE (NEW) WATER 'V'A'LUE f2) O5/231"",,`y 'TFj ir5ry F. 1 r, 1: F3_i lit y Y13n ,.: a_Le __5._r� h th ,_) nEe7 Cn 7". .-i._rc_.; rv=__ward-Clyde hosts - & 4% discount for _.,_.d on 2 years, interest 6.:5.. O 4 M + NEW WATER ---------------------------------------------------------------------------------------------------------------------------------------- IA (ill) 07/07/92 4980 516,70 x!6;600 122,03,SIS 5405 521,41 o,151 $611,330 MOM i S,7SQU 530,712,710 1B 0506; . s 59,625,000 51.240,000 S41,176156 6400 $,,.,.,;,50' £1,369,536 S211NO 117,040,072 500,,5,,,:74 2A . ., __ 499 53:,5 $1091,000 M05900 54105 536,9f4,2c- 11,291,563 1 iii.u ;150061108 $52,41I-1_4 2B 07107R2 4983 527066. HO $30,03,000 5405 $00,249,77: £:.227,861 321E ?. ._',:28,:21 £451577,904 ON.. _ 49A SIC 261 M .i7 000 . 5405 12N ME 767 :7:6,021 S 211 i.CC'--; x,0,325j 45: S31,c ___ 041OUTI 4835 (7) 5105 (P 3C OD O'r92 4983 531.602 %NO $43,325,050 5405 $34,165,053 31,307,049 WHO $16,161,984 5`.0,502,M 4 07/;7;92 4983 S2q 59%NO £1,009 000 ST,0 7 000 5405 528,841,852 $1,074,450 1 51155943020 £40,436,473 ------------------------------------------------------------------------------------------------------------------------------------------ From Woodward-Clyde Facility Plan Addendum (2) Dose" on 20 years, interest 74 5 discount 41 i ( 2.107 2: 3p, non s c „c u00 : n 3A- 6)(6) 091,.,,, .. 5208 511,_.0,01.,. 582(!,0(!0 527,.`•00,,;.::• �40J $17,881,744 $851,016 $.. ,V..:. $1-113335,782 529,"2,.,532 0A-1 (6)(9) 09/'23193 5208 517,2310: r,,0 $820,000 $27,500!01i .5.405 $17,8811749 $851,018 51 I MO 1 0,742,516 528,624,267 3A-2 MOM 520E 517,230,1!00 5650,000 £26,470,000 5405 $11SSi,749 £705,722 £219,000 59,796,518 527,0%267 520e SM,n"090 S561 MO , 545 $15,515 ' 01 IM $161000 MIMS ^i i IMO 3A-4 (4) :UNM:. 5205 $14,270, 5760,00 $25,tl:%:,C.+.' 5405 514,609,763 5768,145 $0 $6,356,008 52.,165,'9: .A-4 (5) P 12_. :_ 5203 114,270,00p 51,060000 £. c Ce 514,51!9 7E 100,096 SO 'I,F 4,433 $26, _4,213 A-1 C,i9 52 8 12104101 1 t _. 5Tl5 $-2,4`6 64 *+M 179 QTMA 5044;205 335, t, 7_.J A-2 _ 5.20c xiS, $.--.11000 $ 5405 $20,050,Oa S0%074 5166, xY, 1 $281-'s'',427 BA MOM 5206 515 .710 00 1610,ON £:,990,000 5405 £16,M4,253 563;014 s0 1170 ,776 $23,011,049 BAA ;4) 0WAST 5211 $1/,':10,. SKI 001 12. ,901,000 5405 $1705120 2`7 101,1015 a $9,M 1691 12 4, BOA (5) 002MA 520B U600(;.1 , x4,1_1 mo $.. 600,000 3405 $17,`,.9,:6.' 5:,056,583 SO Qpi"M3 $2w,, WE .-'2 ,613Oi9-, 52119 x.l,i, ...: $' 41 X00 x u 7,, ,111,1 ::405 x:,,135,677 34::5,644 x: 6.16',;69 515,)11, nl B-3 vY123,193 5208 $20 1190,f' . So%000 sm,wo,000 5.405 520,049,93: £87,1.775 $0 S%205,588 530,(6` ------------------------------7----------------------------------------------------------------------------------------------------------- (3) Original Brawn b Caldwell IA (4) Most favorable case-assumes over 507- reduction in phosphorous at source and water conservation reducing flow5 from 2,0 to 1.5 ME]. (5) Least favorable case-assume5 current levels of phosphorous End 2 MID flow. & Original Brown t Caldwell 3A (7) Excluded-TID was not interested in an exchange at this point iA time, (S) Water to rity land for irrigation-about 600 to 700 acre*: (9) Water exchange with TID (10) Original based on MFR SDC = $4,270,000 10 X increase to date = $4,697,000 as per dim Hill on 6128/94. Original based on BCVSA SDC = $4,012,000 with no increase as per Chuck Root 6/28/94. Other costs increase by ENR OF A SHL A"D WORKS DEPARTMENT OF NKIr I - I IV)P EST-I"'AT: H-�T I-EIII-ENT v :V --------------------------------------------------------- Need to replace: 2.0 million; gallon per day 71-Pri 10,21 days: 183 i M P I YC I use: 366 million Gal or.S o-.31 Volume: 1079 acre-feet --------------------------------------------------------- COSTS F I C 0: A-E-- W P.T 7 ZI --------------------------------------------------------- L'AM; $29.00 per acre DeM Reduction: $6.00 per acre I!;1pr allocation,: 1.65 acre-feet o£r ArrP of land L 12.63 per Arr--f,rt` of water Jai;icenancp fl' I'v.fd,,�j -.?r year $46.66 per acre-runt Ditch rider M $58,162 per irri._stlon season $63,67 per acre-for '15"ch rider '1; $44,567 per off ESTIMATED COST 0,, WATER 111 City of Talent ill: $1,0,00 Per acre-foot Multiplier (7): 4 Ashland cost: $01.00 Per acre-foot TOTAL COST: $163.12 per acre-TGn` Q19,1EI per year E E Az COST: 21 Q!000 ner }'ear ---------------------------------------------------------- T'� COST 5 FOR VAT-5 FXCHANK � 1 1. z I ---------------------------------------------------------- 11 $50,000 per year $46.66 car .'IfF—De, E rider i stS,';91 p e r is r 1 r on season $63.63 per acre ?eoc 144,387 per off season TOTAL COST: $162,370 per year USE AS COST: I $163,000.Per year ------------------------------------------------------------------------------------------------------------------------------------------ (11 Estimate of TID reouirements to maintain and operate the TID ditch from Tolman Creek Read to existi ng Ashland ditch. j As5une ditn' ;-'-r INEI P $I6.!)5 per )our Pickup e 1`.10 per hour Central Services per hour for a tetai of $42.68 per hour reguiEr time. uvertime will be a double rate as Per union rDnu Ect. We, k will be Saturday & Sunday during irrigation s-=ann based on'double tIP2 plus pickup w/o centr4 =vcps or $ per hour. Remaining h months will be standard 40 hour week. Hourly figures from 1994 Cost of Service Study, Maintenance cost Ii50,000 per year. As per letter from US Bureau of Reclamation dated 6/25/9-3 CITY OF ASHLAND j; CITY HALL r ASHLAND,OREGON 97520 telephone(code 503)482-3211 March 25, 1994 Alan J. Cook Regional Manager Southwest Region 101 N.W. "A" Street Grants Pass, Oregon 97526 Re: Howard Prairie Stored Water Rights Dear Al: I am requesting written clarification or confirmation on some of the items we discussed with the Talent Irrigation Board of Directors on February 9, 1994. Some of the questions may seem rather basic or obvious. I am not a specialist in water rights and need to clarify my impressions and interpretations of certain issues. Many of the following questions and/or comments pertain to Application #R-57845/Permit #7916 relating to the construction of Howard Prairie Reservoir and Application #57846/Permit #44349 relating to the appropriation of Howard Prairie Reservoir stored water. The City of Ashland's existing perpetual stored water right contracts with TID are not a part of the 2195 acre-feet of stored municipal and industrial water at Howard Prairie Reservoir. Is that correct? The TID/Ashland agreements are as follows: DATE TYPE USE AMOUNT 3/21/24 Perpetual Domestic 600 ac-ft 12/7/26 Perpetual Unrestricted 200 ac-ft 5/15/35 Perpetual Relinquished -31 ac-ft TOTAL 769 ac-ft There appears to be a difference of opinion between the U.S. Bureau of Reclamation and the Oregon Water Resources Department in relation to the status of the appropriation of the 2195 ac-ft of municipal and industrial water from Howard Prairie Reservoir. I am requesting OWRD to give the City of Ashland a written opinion of whether the 2195 ac-ft of M & I water is a part of or an addition to the 62,000 ac-ft of stored water in the Howard Prairie Reservoir. If OWRD determines that the 2195 ac-ft of M & I water is a part of the 62,000 ac-ft of stored water, will the priority date be September 6, 1915 or August 24, 1978?. If OWRD determines that the 2195 ac-ft of M & I water is in addition to the 62;000 ac-ft of stored water with a priority date of August 24, 1978, does the City of Ashland have any recourse to change the interpretation or permit to allocate stored water? Under contract # 8-07-10-W024, the City of Talent has contractual rights to 600 ac-ft of the 2195 ac-ft of M & I stored water in Howard Prairie. The balance of M & I water available is 1595 ac-ft. Could the City of Ashland (through contractual arrangements with TID and USBR) acquire the remaining 1595-ac-ft? As existing agricultural lands with TID stored water rights are urbanized and removed from the allocation of the stored water at Howard Prairie, what will the effect upon the M & I water? My assumption is that the available "calls" for water will dip below the 62,000 ac-ft of water, creating a "reserve" for the M & I water. Is my assumption correct? You noted that any stored water not listed after the Proof Survey would be lost to further allocation. Is this true? If it is true, is there any way that the stored water could be left in the original allocation of 62,000 ac-ft? If there is a method, could the water be converted to M & I? I believe you said that stored water rights that would exist after Proof Survey within the City of Ashland could.be transferred from the property owner, converted to M & I water and retain the 1915 priority date. Is this correct? If this assumption is correct, what is required for a transfer and conversion of those stored water rights? The second question relates to a possible process for the City of Ashlan d to assure such a transfer of existing stored water rights within the City of Ashland. Can the City of Ashland enter into an agreement with a property owner prior to the Proof Survey is completed and pay the property owners costs of the water with a stipulation that the stored water rights would.transfer to the City of Ashland after prove-up? Is there any way that the City of Ashland could assure that a given water right as noted above would survive the Proof Survey process? OWRD has defined "beneficial use" of M & I water as any use but hyropower generation. M & I stored water is not limited to appropriation during the irrigation season, but could be supplied on a year around basis if agreement could be reached with TID and USBR. M & I water could be used for instream water if Ashland so desired and agreement was reached with TID and USBR. Are these statements correct? A final point deals with the nonuse of water for a five year period and the loss of a stored water right. I believe you indicated that pertained to agricultural water but not M & I water. Is my memory correct? If you need clarification of my requests, please call me at 482-3211. I would be available to travel to your office in Grants Pass to discuss these items if you so desire. Sincerely yours, 'J Steven M. Hall, P.E. Public Works Director cc: Hollie Cannon, Secretary-Manager, Talent Irrigation District Brian Almquist, City Administrator Rob Winthrop, City Council Liaison Jim Olson, Assistant City Engineer Dennis Bamts, Water Quality Superintendent (�.. • Ir�� I(I�^ Irk M IR,� mn JUL 2 7 1994 C!TY OF ASHL/.P"? July 22 , 1994 DEPARTMENT OF ENVIRONMENTAL Steve Hall, P.E. QUALITY Public Works Director City of Ashland Ashland, Oregon Dear Steve: I received a fax from you on June 27, 1994 listing the questions you briefly mentioned in your phone call on June 24, 1994 . But before responding to the questions it is imperative that I state that I have not receive from you a description of the wetlands/soil filtration system in any detail to make comprehensive professional comments. Therefore, except for the first question posed, the responses are general in nature. 1. ) Has DEO evaluated the effect of Ashland meeting its established TMDL's on salmonid fish habitat and overall biological enhancement of Bear Creek e.g. - increase in salmonid fish in stream/value of increase as related to cost-effectiveness of process. Yes, the DEQ has evaluated the impact of Ashland's STP on overall habitat in Bear Creek. The term habitat encompasses a broad range of conditions that influence a waterbody's ability to support fish and wildlife. The Department reviewed a series of documents developed by the United States Fish and Wildlife Service entitled Habitat Suitability Index Models and Instream Flow Suitability Curves for various salmonid species that reside in Bear Creek. Consistent with previous DEQ discussions there are several factors that influence habitat suitability besides stream depth and velocity, which include: PH Oxygen Temperature % Pools and complexity % Spawning Gravel % fines in gravel Substrate Percent fines in riffles/runs Winter Temperature Escape Cover It is clear that the habitat problems in Bear Creek go well beyond a question of flow provided by the wastewater treatment plant. Habitat problems in Bear Creek include; poor water quality, lack of substrate, lack of complexity, and excessive sedimentation in spawning gavels, runs and riffles. Therefore physical structure and complexity play a significant role in defining stream habitat conditions. 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 TDD(503) 229-6993 DEQ-1 Steve Hall, P.E. June 27, 1994 Page 2 The Department's examination of habitat problems caused by the Ashland STP resulted in the following facts: 1. Biological measures demonstrate that habitat is impaired by Ashland's effluent due to: Whole effluent Toxicity Ammonia Toxicity Chlorine Toxicity 2 . Habitat is reduced due to Ashland's effluent influence on or relationship to water quality including: Dissolved oxygen Nutrients-algal growth and pH Temperature increase during summer and winter 3 . The City of Ashland's discharge results in the violation of several water quality standards in Bear Creek, including; Dissolved oxygen Ammonia toxicity Whole effluent toxicity Chlorine toxicity . Temperature 4 . Both the direct measures of biological impairment and standards violations demonstrate that habitat quality is impaired due to the City of Ashland's discharge. To improve habitat in Bear Creek will require reclamation of physical structure and complexity in Bear Creek, improved water quality, improved benthic habitat, in some location reclamation of riparian habitat. The Ashland STP discharge will need to meet water quality requirements, not exacerbate the algal growth, pH, dissolved oxygen and nitrogen levels in Bear Creek to improve .habitat. The most significant habitat issues will not be addressed by the influence of flow from Ashland's STP..' The question that is really before us is would additional . flow from Ashland improve habitat quality enough to offset the concern for reduction due to water quality impacts. The answer is clearly no. We have discussed this with the City of Ashland before, and provided a time extension to evaluate specific alternatives for achieving the proposed limits. Steve Hall, P. E. June 27, 1994 Page 3 The principle problems are more related to physical habitat and water quality than quantity alone. The position developed by the state agencies and the Governor's office to obtain clean water for Bear Creek, to meet effluent standard standards and to work to obtain 10 cfs minimum flow provides the best strategy for improving habitat in Bear Creek. Even such improvements may meet with limited success if NPS pollution and physical habitat conditions are not addressed. 2 . ) a. What will DEO require for testing/modelling of wetlands and/or soil filtration systems? The Department will require an extensive testing/modelling effort that is professionally designed and implemented. The program must be capable of determining whether the system selected will achieve instream water quality standards and effluent limitations. Consequently; any model selected must be capable of describing the quality of effluent entering the wetland/soil system, the treatment provided within the unit, and the quality of the effluent discharged from the system. The model must be capable of describing the impact on both the surface and groundwater resources. The model must show whether the system will achieve surface and groundwater standards. b. How long would DEO allow for modelling/testing? The Department would require that modelling/testing effort be completed as soon as professionally possible. Modelling should be completed in short order (a few months) . Physical "bench testing" or pilot testing would obviously take longer as there is a need to construct the test facility. The Department would entertain a suggested time frame from the city and your consultant but we would expect an expeditious construction and testing of a pilot system. As long as is reasonable, and we believe something will be done. We have given extensions to Ashland to address these questions. The agency's opinion on the length of time will depend largely on Ashland's demonstrating that they have used the extension to provide information that will allow us to better address these problems and improve water quality in Bear Creek. 3 . ) a. If testing/modelling is required for wetlands and/or soil filtration systems, what would DEO's protocol be for the test? Steve Hall, P.E. June 27 , 1994 Page 4 The actual tests conducted would be under an approved Quality Assurance/Quality Control (QA/QC) Plan. The plan would at a minimum specify the parameters being sampled, sampling frequency, sampling methods, sample analysis methods, data evaluation techniques, and sample duplicates- replicates. The Department would expect the city to submit an appropriate sampling plan with their proposal for the wetlands/soil filtration systems. The testing program would have to provide the Department with the information adequate enough to make a positive finding that: Groundwater quality is not significantly degraded - Surface water quality standards are being meet. The testing must describes the risk this system would have of not meeting the prescribed waste load allocations, the risk of impacting the groundwater and surface water, the risk to the city of having to replace the facility with a different treatment approach if this technology shall fail. b. What would DEO require of Ashland to simulate treated effluent from a "new and improved" wastewater treatment plant A review of the scientific literature relating to wetlands treatment, the influence of soils on treatment, effectiveness of such exchange systems, and pilot projects would be minimal requirements. 4 . ) What is DEO's "comfort zone" with wetlands and soil filtration systems? The Department has a very clear desire to see a wastewater treatment system alternative selected, designed and implemented that achieves the instream water quality standards and effluent limitations established. There is limited experience in Oregon with the use of wetlands and soil filtration system alternatives for achieving instream water quality standards and wastewater treatment requirements. We discussed this with you and the City Council in our early meetings almost two years ago and on several subsequent occasions. There is a very small "comfort zone" , to use your phase, for the use of wetlands/soil filtration for wastewater treatment systems due to the lack information available. We are interested in and have encouraged different sources to examine wetland systems for potential use as part of the wastewater treatment and/or effluent disposal systems. But we are . requiring extensive evaluations of these potential systems to determine if they are in fact reliable systems for treating wastewater or disposing wastewater effluent. Our i Steve Hall, P.E. June 27, 1994 Page 5 bottom line is that no matter what system is selected it must meet instream water quality standards and wastewater effluent limitations. I very key point here, which we have on numerous occasions made to you and the city council, is our desire to see the city select a workable alternative that will not fail forcing the city to make a second expensive investment in treatment. I would also point out that with the Department's reorganization the Medford Office of the Department's Western Region is now responsible for working with the City of Ashland to assure compliance with the water quality program requirements. We should meet in the future with Dennis Belsky, Manager, Water Quality Program, Medford Office,• Western Region and the staff he has assigned to the Ashland facility to discuss future compliance activities. I did try to reach you the last few days to see if there were any other questions that needed to be addressed but I was unable to connect with you. Please let me know if more information is needed. Finally, I am also sorry for the delay in responding to the June 27th fax but the 4th of July holidays, pressing issues regarding total dissolved gas on the Columbia River, water quality standard triennial review public meetings and speaking commitments have taken a great deal of my time lately. Sincerely, Neil Mullane Standards and Assessment Section CC: Steve Greenwood, Administrator, Western Region DEQ Dennis Belsky, WQ Manager, Western Region DEQ . Mike Downs, Administrator, Water Quality Division Robert Baumgartner, DEQ RECEIVED DATE .uL c I WATER RESOURCES DEPARTMENT FAX COVER SHEET Date : Pages sent, including cover: Zb This fax is being sent to :/ 3- cyV; ka, Agency: C- i �V ( �n,�Grtil u Fax number: L I From• �")lj ,L, ( taGU?(L .) I' d) Agency: p wr1jP Special .information: ��� ( VIUZ Q(��( }�r^,(l isIL , b'( 1 . ; 5i( o C '`4! ie _ i✓ If there are any problems with this transmission, please give us a call at 474-5385 . Water Resources Department 101 Northwest A Street Grants Pass, Oregon 97526-2091 Fax # 503-474-5389 �—� C S /4v 1f vJ"" Sly QvC��utsS LEI �r� Potential Water Resources of Bear Creek in Jackson County The Oregon Water Resources Department(OWRD)was given the task of listing all of the options available to provide an increased flow in Bear Creek. We have fisted the pro's and con's of each project along with major concerns such as practical,political,and legal constraints. The next logical step is to have the parties involved with each project complete the unanswered question so that options can be initiated based on facts. The list below is updated as of the December 16, 1993 meeting in Eugene,and subsequent meetings with Steve Hall,AI Cook,and Bruce Sund in Grants Pass December 18, 1993. Major Issues common to Most Options Two of the greatest concerns of any of the options being chosen are: Will there be any benefit to fisheries? And will there be any benefit to water quality? Other concerns and issues are as follows: Will standards be changing on wetlands,irrigation,and waste water treatment? There is the issue of Howard Prairie stored water rights with Talent Irrigation District. Attached is a letter and draft response to these concerns. (See pages A-E). Basically the priority date is August 24,1978,with an allocation of 2,195 AcFt minus the 600 AcFt for the City of Talent. T.I.D:s right has a priority of 1915. A concern also arises with all the options that if an option is chosen and completed,how long will DEQ allow the use of effluent,or what is the life expectancy of the project so cost/benefit ratios can be generated? POTENTIAL WATER RESOURCES NARRATIVE: These potential sources of water for Bear Creek are presented as"ideas only"fully realizing that each may have difficulties practically,politically or legally and may contain a fatal flaw. The options are intended as a starting point to discuss methods of providing for a minimum flow of 10 cubic feet per second in Bear Creek. The list has been updated based on discussions at the 12/16/93 meeting in Eugene. OPTION SOURCE FLOW CAPITOL ANNUAL TIME ISSUES GAIN COST COSTS 1 TO ap:hanpe wbh AahluW Oda Unb unknown Keyto AehtandedecWonontacW b n.I...d wafer pan 2 Newody OW 1.74 de s100.00 b fiz000 34 OS mpd„sed.a b kft L00 ashanpe hx rsdalmed sm,00 mww 3 Medrord mdamasm P*&, wit. W.000,000 swo1000 Vert MW M tpanta m not wa0MW to edkat' aabr hom Ww7pW SQ.00 .00 nocb.Wraooad best nadwdl be Brtlduw UfoWAWte Lake pMeW as the mod pod eft d opdan. Beww d added hf kf Agate Lake.mda"W voter WWW be pUmd dkedly kdo kdWtfoe . wool. 1 4 Using Medford Water Unknown 25 years World be Mtsrim project until MFR Conmissbn facilities to reclamation project wmplated to transmit Big Buhe Springs year 2000. Design pipalim to meet vntsrto BladitlaW Medford.nwlam t..project Drop/Agate Lake. system needs, Agate Resawlr(Double S0.000.ODD- from 4.000 AcFI to 8.000 $8.00D.000 AW- Pipeline(Assume 2 miles)— 15 oh $2.00D,ODO rJ Water sonwmtion for 25%to Unknown Unknown agncukm and domestic 75%d water uppliisWws total wnsenad Talerd Irrigation District water Medford Irrigation Dlstrlot . Rogue Rhw Valley Inigaton District Cey of Ashland City of Talent 6 CorneNon of agrkultorl 7777 Unknown Unknown NOW to establish trust fund and land to uhan land and source of money to acyulro rights disposition of agrlouthnral water rights-should be wnmrted to hrsbeam water rights 7 Irrigation D'istrk4 reduce PL500 Unknown Unknown 1.2 1. realm flows maintaining SCS reaulhozat higher flews In Bear Creek ton phase Mfedwal Talent hdptllon District gowsnanad Medford Irrigation District 1.2 years Rogue Rkar Valley Irrigation Ptsadng. Dihk[ 2 y.an consbuctm 8 City of Ashland-water in 1000 Aclot Unknown Unknown Yea kloward Praire Resambfo ^^ dorratle and insbeam how inyplmred 9 State Regulabons on 977! Unknown Unknown ayricutu a conearvafian. minimum of 25%of total wrmarte tin nst be wrwentedto kutream water riphb, Amount can be increased based on proportion of private funds IrnoWed. 10 conetion of Chy of Talent wD A.R $1.000.000 Unknown 45mmbit wrier system to Medford partial frma varg supply.Win make Howard cor anacm, awilade. Prairie Murddpalhnductrial $2.000.000 total e.g..brim wad available. wmwareian Clinton Pnimity 0atrp, Probably 4. 5 years . 11 Marketing of water.a.9. unknown Unbrwn Proposal by OWRD to lease Ashland M d 1 water from Howard Palrie for hrheam flowsupplament Based on CHfMihll study Mandt 102 ^ Basal on CHMihO study Mamh INN cost.for Rogue R)mr ahematrw.SS inch diameter pipe. . Information ham US Boner of Radamation bdonratlonIndicatesthat all of the wad may be under obligation by the fides clTaled and Ashland with the aceptim d31 lex~ Ongdng f=mti n w ocmmk g wi %OWRD.TID.USBOR mW AaNand MeatYlg sdoddW for 111004 maynndralanswarwar dtloas issues. NOW Arrualoosbfbragdcuftm lwMwtu ghthe Tabmkripabm Dishint. BMSMACFtlorwaWOWS0cacmfbrdeMrducbm - 2 COMMON ISSUES WITH MOST OPTIONS OPTION l Talent Irrigation Districts(TID)exchange with Ashland Reclaimed Water MAJOR PLAYERS: City of Ashland,OWRD,ODFW,DEQ,TID, Bureau of Reclamation,MID, RRVID Brief Project Description: This plan is to release Ashland's reclaimed water into Talent Irrigation District's canal for irrigation water. Completion of the project would be 1996-1997. No estimates of cost have been made at this time. The number of cubic feet per second (cfs)and acre-feet(AcFt) annually stared will be addressed under major concerns. Pro's The project would use nutrient rich water to irrigate, possibly lowering cost of fertilizing for pasture land. This would solve Ashland's effluent problem for the time being. There is some question as to where this would clean up Bear Creek's water by removing the flow. Cost of this project will probably be relatively low(pump, pipe,storage facility). The project could possibly be completed in a short time. Con's This project provides no net gain to Bear Creek flows. The water would be removed from live stream flow below the confluence of Ashland Creek. There is no contractual agreement for TID to release water from Emigrant Creek to mitigate the loss of water to Bear Creek. Less stream flow in Bear Creek could cause higher temperature and higher algae growth. There may also be a marketing problem with perception of using effluent in the canals. Effluent is considered, by the public,as a waste product with possible odor and color problems. People may be hesitant to use from the canals on certain crops even though they would pump the same water from the creek. Maior Concern's: The following statements are issues that must be resolved prior to utilizing effluent for irrigation. Altematives must be found for use of reclaimed water during non-irrigation season (Nov. 1 to April 1). Such alternatives may be to store the reclaimed water in off channel storage facilities,release reclaimed water to the stream during high flows, or pump effluent to areas with no irrigation water(non-AG land). All requirements for ORS 527.131 Reclaimed Water,and ORS 537.132 Exemption From Permit Requirement For Reclaiming'Water must be addressed. 537.131 Reclaimed water. As used in ORS series therein. see Preface to Oregon Revise statutes for further 537.132;540.510 and 540.610,"reclaimed water" e.Vianation. means water that has been used for municipal 537.132 Exemption from permit purposes and after such use has been treated in a requirement for reclaimed water. (1) The sewage treatment system and that,as a result of provisions of ORS 537.130 requiring application for a treatment,is suitable for a direct beneficial purpose or permit to appropriate water shall not apply to the use a controlled use that could not otherwise occur. 11991 of reclaimed water,if: c.370§21 (a) The use of reclaimed water is authorized Note: 537.131 was added to and made a part of ORS by the national pollutant discharge elimination chapter 537 by Iegislawe action but was not added to any smatter system or water pollution control facilities permit 3 issued pursuant to ORS 468B.505; result of the use of reclaimed water in accordance (b) The Department of Environmental with the provisions of ORS 5403510(3) and this Quality,in reviewing an application for a permit section,the director of the department shall notify any pursuant to ORS 468B.050,and has consulted with persons who,according to the department records, the State Department of Fish and Wildlife on the have a water right that may be affected by the impact to fish and wildlife to determine that the cessation off the discharge by the municipality. application of reclaimed water under ORS 537.130 to (4) If a person holding an affected water 537.132,540.510 and 540.610 shall not have a right demonstrates to the department that the significant negative impact on fish and wildlife;and cessation of discharge by the municipality (c) The Department of Environmental substantially impairs the ability to satisfy a water right, Quality has determined the use of reclaimed water is the person shall be entitled to a preference to the use intended to improve the water quality of the receiving of the reclaimed water. However,the delivery of the stream. reclaimed water to the person claiming such (2) Any person using or intending to use preference shall be accomplished through a reclaimed water shall file with the department a conveyance facility or channel other than a natural reclaimed water registration form setting forth the watercourse. following: (5) If a municipality has a less expensive (a) Name and mailing address of the alternative for the disposal and distribution of the registrant; reclaimed water,the municipality shall not be (b) The date the use of.reclaimed water is obligated to incur expenses or cost beyond the initiated; expenses or costs of such an alternative. (c) Source of reclaimed water supply, (6) The Water Resources Commission shall including a description of the location of the adopt rules to implement the notice an preference reclaimed water treatment facility and the name and provisions and impairment evaluation standards of mailing address of the owner and operator of the this section. If 991 c.370§31 facility; (d) Nature of the use of the reclaimed eater; Note: 537.132 was added to and made a part of ORS ( )e Amount of reclaimed water used or chapter 537 by legislative action but was not added to any smaler series therein. See Preface to Oregon Revised statues for further proposed to be used; explanation. (f) location and description of the ditch, canal, pipeline or any other conduction facility used or to be used to transport the reclaimed water from the treatment facility to the place of use; (g) A statement declaring the existence of a written contract or agreement to provide reclaimed water including the name and address of the reclaimed water provider and the date and terms of such contract or agreement; (h) A description of the season of use and the place of use of the reclaimed water,and any restrictions applicable to the use of the reclaimed water; and n If the reclaimed water is used in lieu of using water under an existing water right,the application, permit and certificate number of such right,or if the right is granted pursuant to a decree of circuit court,the volume and page number setting forth the right. (3) If a municipality has discharged waste water into a natural watercourse for five or more years,and the discharge represents more than 50 ` percent of the total average flow of the natural watercourse and if such discharge would cease as a 4 Will TO be allowed to release the stored water.in Emigrant Lake as an exchange for the reclaimed water? This may have to be a contractual agreement with TID, Bureau of Reclamation,and the City of Ashland. How many years will this be an allowed use for use of the reclaimed water? Can Department of Environmental Quality(DEQ)contract with the City of Ashland for at least 20 years? . If this is short term,it may not be a viable solution. Information from the studies performed by Eric Dittmar,RVCOG, in the 1980's will have information regarding flows versus temperature and nutrient loads on Bear Creek. This study may show that by removing the reclaimed water from Bear Creek,the pollution and temperature may increase. There may also be downstream flow mitigation problems for the City of Ashland. Stream flow that had been increased through releasing effluent into Bear Creek and used by Medford Irrigation District(MID),Rogue River Valley Irrigation District(RRVID)will not be available if this option is chosen. 5 OPTION 2 City of Ashland Golf course Exchange for Reclaiming Water MAJOR PLAYERS: City of Ashland,OWRD, DEQ,John Billings. Brief Project Description: This project has been dropped as an option, but it was left in this document. Pump reclaimed water onto John Billings property after converted to a city golf course. The current water rights on the property are from Ashland Creek,Wright's Creek,and Wildcat Gulch. The total amount of water allocated is 1.74 cfs from all sources. Roughly 0.77 cfs would be the irrigation requirement for the golf course. This would allow for an exchange of effluent water used for irrigation and the remaining water from the three sources left for Instream. Pro's This would use a portion of the reclaimed water for irrigation,solving part of the Ashland effluent problem. It would exchange effluent water for possibly cleaner water in Ashland Creek,Wright's Creek,and Wildcat Gulch. This project may allow a vehicle for instream water protection of water for the mouth of Bear Creek. The water rights exchanged take early priority dates of: Ashland Creek 1858, 1864 Wdght's Creek 1858 Wildcat Gulch 1858 These old water rights,if converted to Instream,would provide for water rights to Instream that predate down stream users. Con's: The water treatment plant must be pumped somewhere else during the winter. If only 0.77 cfs can be used on the golf course,where will the excess water be used? There may not be 1.74 cfs of water available for Instream out of the three sources in total. Amounts of 0.8 cfs will always be in Ashland Creek, but the 0.84 cfs and 0.1 cfs in Wright's Creek and Wildcat Gulch may only be available until the end of April in a normal year,and amounts less when both tributaries are dry by July 15th. DEQ may not allow 0.77 cfs of effluent placed on a public golf course. DEQ indicates from their report that 0.77 cfs utilized in April to irrigate alfalfa would cover 414.6 acres. The golf course size will probably be closer to 50 acres irrigated. There is also still the public perception in the use of reclaimed water. Also,will any public safety notice have to be located on the golf course at faucets,sprinklers,and water traps? Major Concerns: The following statements are issues that must be resolves prior to utilizing effluent for irrigation.Aftematives must be found for use of reclaimed water during non4rrigation season (Nov. 1 to April 1). Such alternatives may be to store the reclaimed water in off channel storage facilities,release reclaimed water to the stream during high flows, or pump effluent to areas with no irrigation water(non-AG land). All requirements for ORS 527.131 Reclaimed 6 Water,and ORS 537.132 Exemption From Permit Requirement For Reclaiming Water must be addressed. How many years will this be an allowed use for the use of the reclaimed water? Can DEQ contract with the City of Ashland for at least 20 years? There is a contract issue for the exchange of reclaimed water for the irrigation rights on Billings property. A water lease for the Instream right must be made,and in this lease there should be some provision written if DEQ does not allow reclaimed water use to be made on the golf course in the future. The provision should allow that Billings will be able to use water from the original diversion points and sources. 7 OPTION 3 Medford Reclamation oroiect.Water From Waste Water Treatment Plant(WWTP)to Bradshaw Drop/Agate Lake. Major Players: City of Medford, BOR, RRVID,MID,OWRD,ODFW,DEQ. Brief Project Description: This project is to use Medford's reclaimed water from the W WTP to supplement or exchange water from the Medford Irrigation District and RRVID. Jim Hill of the City of Medford is the author of this proposed project The capital cost is estimated at 35 to 40 million dollars,with a completion date of 2000. The annual cost estimations are $50,000. Flow gains were estimated at 30 cis or 21,720 acre feet/year. Pro's: This project uses nutrient rich water to irrigate, possibly lowering the cost of fertilizing. The water is placed into Agate Reservoir. Saves water stored for Fish and Fourmile Lakes,and also would possibly leave more water in the North and South Forks of Little Butte Creek. This should lessen the amount of water needed by RRVID from the diversion on Bear Creek. This would solve Medford's effluent problem for the time being. Con's: There may be a nutrient build up in Agate Reservoir as a result of constant filling of Agate with effluent 30 cis constantly may be unreasonable as amount treated varies from month to month. When Agate is filled,where will the reclaimed water be placed? Will the reclaimed water be allowed to overflow into Antelope Creek,or pumped onto nonardgated land to enrich the soil? Some years Agate Reservoir has been filled with little or no water diverted from Little Butte Creek. Agate Reservoir can be increased in size at a cost. There may also be a marketing problem with.the perception of using effluent in the canals. Effluent is considered, by the public,as a waste product with possible odor and color problems. People may be hesitant to use from the canals on certain crops even though they would pump the same water from the creek. Maior Concerns: The following statements are issues that must be resolved prior to utilizing effluent for irrigation. Alternatives must be found for use of reclaimed water during non4rrigation season(Nov. 1 to April 1). Such alternatives may be to store the reclaimed water in off channel storage facilities, release reclaimed water to the stream during high flows, or pump effluent to areas with no irrigation water(nonag land)..All requirements for ORS 527.131 Reclaimed Water,and ORS 537.132 Exemption From Permit Requirement For Reclaiming Water must be addressed. How many years will this be an allowed use of reclaimed water? Can DEQ contract with the City,of Ashland for at least 20 years? If the reclaimed water goes away and Agate Reservoir is increased in size,will they still be able to fill it? Is there a secondary storage permit required to use the reclaimed water? Need City of Medford and RRVID to discuss"real"amounts of water and projections. Need a contract between City of Medford and RRVID. 8 OPTION 4 Medford Water Commission to Transmit Big Butte Springs Water to Bradshaw Drop/Agate Reservoir MAJOR PLAYERS., OWRD,Medford Water Commission,BOR,RRVID,MID. Brief Project Description: The Medford Water Commission has excess water in the pipelines from Big Butte Springs during the winter months. The water would be piped to Bradshaw Drop or Agate Reservoir,then used for irrigation by RRVID and MID. The cost would be$6 to$8 million dollars to increase the size of Agate Reservoir from 4,000 to 8,000 AcFt of storage. A 2 mile pipeline would cost approximately$2,000,000.,and completion date would be 1996-99. The amount of cis saved is stated at 15. Pro's: This project will allow water in excess of Medford's water needs to be stored by Agate Reservoir. The water stored in Fourrnile and Fish Lakes could be released later in the irrigation season. This is excellent quality water and could improve water quality in Agate Reservoir. Frost control water could be used in the canal during February,March and April. This could offset the amount diverted from the North and South Forks of Little Butte and Bear Creeks. Con's: This is a somewhat expensive project for a possibly short lived proposal. Water may only be available during the winter time until May. Futuie water could possibly not be available from this source as the City of Medford's demands increase for municipality use. Reservoir could be increased in size with no way to fill tL Issues: With this project we need the City of Medford's water demands projected for the future to figure the life of the project. We need to know if a water right is needed,or is a municipality allowed to do this under ORS 537.132. The water in this project also comes from a closed basin,ORS 538.430. 538A30 Medford and Eagle Point and an application therefor may be made for the Irrigation District; right to waters of Big Butte benefit of the city,either by it in its own name,or by Creek; Generation,sale and distribution of any of its officers or by any other person on its behalf. electric energy by irrigation district. (1) Subject to No person shall appropriate or be granted a permit to water rights existing on May 29, 1925,the City of use any of the waters provided In this section,and for Medford,in Jackson County,is granted the exclusive the use and benefit of the city. But the City of right to use for municipal purposes all the waters of Medford may,under this grant,divert such waters Big Butte Creek,a tributary of Rogue River situated in from their watershed and convey them to the city and Jackson County,and of the springs at the head which elsewhere for use by it for municipal purposes,either form the creek,and its tributaries. The City of within or without the city limits. All such waters are Medford,any of its officers,and others on its behalf withdrawn from future appropriation,except for such may appropriate all the waters for these purposes use and benefit of the City of Medford;provided 9 however,that the Eagle Point Irrigation District may establish and use an additional point of diversion Wow the diversion point in use on April 1, 1953, under its permit number 6396 which authorized the appropriation of not to exceed 100 cubic feet per second. (2) Subject to rights existing on July 21, 1953,to the use of the waters of Big Butte Creek,and of the springs at the head which form the creek,and of its tributaries,including the rights granted in subsection (1)of this section to the City of Medford to the use of such waters,the Eagle Point Irrigation District is granted the right to appropriate and use up to and including 100 cubic feet per second of the waters of Big Butte Creek, using the diversion site of the Eagle Point Irrigation District existing on April 1, 1953,for the purpose of generating electric energy; provided,however,that not less than 10 cubic feet per second of said waters shall be permitted to pass said diversion point and remain in the channel of said stream at all times other than times when said eaters are diverted for irrigation purposes. The Eagle Point Irrigation District may. (a) Enter into such contracts and perform such other acts as it deems necessary or desirable for the generation of electric energy and the construction and maintenance of facilities for the generation of electric energy. (b) Enter into such arrangements as it deems proper fro the use,sale or distribution of the electric energy which is generated. (3) In performing any of the acts under subsection(2)of this section,the Eagle Point Irrigation District shall not be deemed a public utility as defined in ORS 757.005. (4) Subsections(1)and (2)of this section shall not prevent the appropriation of the waters of Clark Creek,in Jackson County,for the development of hydroelectric power not to exceed 2 megawatts if the facility will be constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concemin�fish conservation,including stream flow requirements based upon biological criteria. tAnwxw by 1953 c.572 §1;1983 c.650§21 10 OPTION 5 Water conservation for agriculture and domestic water supplierstusers MAJOR PLAYERS: TID,MID,RRVID,OWRD,City of Ashland,City of Talent,City of Medford, BOR,Soil Conservation Service(SCS). Brief Project Description: Through lining canals,piping systems,and converting to other conservation methods,water could be stored for other purposes. Pro's: This will increase efficiency in the systems. There will be less return flow and waste water returning to the stream. Water saved could be used later for Irrigation or instream. May be funding assistance through SCS. Con's: There will be less return flow to the stream. This may be costly to construct and it will be difficult to monitor the results. Issues: With this project there needs to be a way of allowing the water conserved to be utilized,or at least 25%for Instream purposes. The BOR must have a contract agreement to allow a portion of this conserved water to be used for Instream purposes. ORS 537.455 through ORS 537.500. 537.455 Definitions for ORS 5373455 to It 987 c•264§1; 1893 c•641§11 537.500 and 540.510. As used in ORS 537.455 to Note: 537.455 to 537.500 were enacted Into law by the 537.500 and 540.510: - Legislative Assembly but were not added to or made a part of ORS (1) "Conservation"means the reduction of chapter 537 or any series therein by legislative action. See Preface the amount of water diverted to satisfy an etdsting to Oregon Revised statutes for further eplanation. beneficial use achieved either by improving the 537.460 Legislative findings; policy. technology or method for diverting,transporting, (1) The Legislative Assembly finds and applying or recovering the water or by implementing other approved conservation measures. declares that conservation and efficient utilization of (2) "Conserved water"means that amount of water benefits all water users,provides water to water that results in from conservation measures, satisfy current and future needs through reduction of measured as the difference between: consumptive waste,improves water quality by (a) The smaller of the amount stated on the reducing contaminated return flow, prevents erosion water right or the ma>amum amount of water that can and allows increased in-stream flow; and be diverted using the etdsbng facilities;and (2) It is therefore declared to be the policy of (b) The amount of water needed after the State of Oregon to: implementation of conservation measures to meet (a) Aggressively promote consetation; the beneficial use under the water right certificate. (b) Encourage the highest and best use of water by allowing the sale or lease of the right to the 11 use of conserved water; and ' (c) Encourage local cooperation and 537.470 Allocation of conserved water by coordination in development of conservation commission; criteria; percentage to state; Proposals to provide incentives for increased certificates showing change in original water efficiency and to improve streamflows. right. (1) Upon receipt of a conservation proposal under ORS 537.465,the Water Resources (3) As used in this section, "efficient Commission shall give notice of receipt of the utilization" means use without waste, upgrading of proposal in accordance with ORS 540.520(3) and irrigation equipment to comply with modem practices (4), within a reasonable time period or other methods used to meet both current and future water needs at (2) The commission shall allocate the lease cost 1967 c264 conserved water as provided in subsection (3)of this I §Z 1993 c.641§21 section and approve modifications of water rights as Note: see note under 537 ass provided in subsection (6)of this section. 537.463 Applicability of ORS 537.455 to (3) After determining the quantity of 537.500. The provisions b ORS 5ORS 5 to 537.500 conserved water,if any,required to mitigate the effects on other water rights,the commission shall establish a voluntary program and apply only to those allocate 25 percent of the remaining conserved water Persons who choose to submit a conservation to the state and 75 percent to the applicant,unless proposal under ORS 537.465 11993 c.641 §t11 the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance Note: see note under 537.455 the conservation measures comes from federal or 537A65 Conservation proposal; state public sources. If more than 25 percent of the submission; contents. 1 An funds used to finance the conservation measures ( ) y person or group of comes from federal or state public sources and is not Persons holding one or more water right certificates issued under ORS 537250,537.630 or 539.140 ma subject at repayment,the commission shall allocate submit a conservation proposal to the Water Y to the state a percentage of other funds used to Resources Commission for approval. finance the conservation measures. if the (2) A conservation proposal submitted under commission determines that the water allocated to subsection (1)of this section shall include: the state is necessary to support in flow (a) A description of the proposed measures; purposes in accordance with ORS 537.332 to 537.360,the water shall be converted to an in-stream facilities and an estimate to of the amount of water that water right. If the water allocated to the state is not can be diverted at the facilities; necessary to support in-stream flow purposes,it shall (c) The amount of water which will be revert to the public for appropriation by the next user needed to supply the existing rights after in priority. In no event,however,shall the applicant implementation of the conservation measures; receive less than 25 percent of the remaining (d) The amount of conserved water conserved water unless the applicant proposes a expected from implementation of the conservation higher allocation to the state. measures; . (4) The commission shall notify the applicant (e) The proposed allocation and use of the and any other person requesting notice, of the action conserved water if different from the allocation the commission Intends to take under subsection(3) specified in ORS 5373470; of this section. Any person objecting to the proposed (f) The intended use of any water allocated allocation may file a protest requesting a contested to the applicant;and case hearing before the commission. (g) Any other information the commission (5) The modification of water rights under a considers necessary to evaluate the effectiveness of conservation proposal shall not require a separate the proposal. request for transfer under ORS 540.520. (3) If a person proposes conservation (6) After the commission completes the measures within the boundaries of an irrigation district allocation of conserved water under subsection(3)of organized under ORS chapter 545 or a water control this section,the commission shall issue orders for Proposed new certificates covering the changes in the district organized under ORS chapter 553,at the time the person submits the proposal,the person also original water rights. Once the conservation project is must submit evidence that the district has a roved completed,separate new certificates preserving the pp previously established priority of rights shall be Issued the conservation proposal. 11967 c.264§3; 1193 c.641 §31 to cover the unaffected portion of the water rights and Note: See note under53r.495 UP= am C*xUca1e%Wdka1WQ the Piod4 al. rights as set forth in ORS 537.485 shall be issued to cover the right to the use of the allocated water. 11987 water in stream for future use under subsection (1)of c.264§4; 1989 c.62§1; 1993 c.641 §4] this section. Note: see note under 5373ass. (3) Any right to the use of conserved water sold under subsection (1)of this section: 637A7611987 c.264§5; repealed by 1993 c.641§131 (a) Shall become appurtenant to the premises upon which the purchaser uses-the water; . 537.480 Rules; criteria for evaluating and allocation and determining mitigation required. (b) Shall be subject to the provisions of ORS The Water Resources Commission shall adopt rules 540.505 to 540.578 and 540.610 to 540.650. and standards necessary to carry out provisions of (4) When the commission receives notice of ORS 537.455 to 537.500. The rules may include the sale of the right to the use of conserved water formulas or other criteria for evaluating the effects of under subsection (1) of this section,the commission allocation of water on existing rights and for shall issue to the purchaser a new water right determining whether,and to what extent, mitigation certificate covering the right to the use of conserved shall be required. [1987 c.264§6; 1993 c.641§5) water that was sold. The certificate shall indicate the Note: See note under 537.455 priority of the water right according to the provisions of ORS 537.485. [1987 c.264§8; 1993 c.641 §71 537.485 Priority of right to use conserved Note: See note under 537.455 water. Notwithstanding any other provision of ORS chapter 536, 537,538,539,540,541,542 or 543,the 537.495 Receipt by state agency or priority of any right to the use of conserved water, political subdivision of right to use conserved including an in-stream water right,under a proposal water. Any agency or political subdivision of this submitted and approved by the Water Resources state may purchase a right to the use of conserved Commission under ORS 537.465 and 537.470 shall water,as defined under ORS 537.455,or accept a be one minute after the priority of the water right held gift of a right to the use of conserved water as defined by the person implementing the conservation under ORS 5373455. If an agency or political measures. [1987c.264§7; 1993c.641 §6] subdivision requests that the conserved water remain Note: See note under 537.455 in the stream,the commission shall manage the water in a manner that results in the conserved water 537.490 Use of conserved water, notice remaining in the stream. [1987 c264§9; 1993 c.641 §81 of dispensation of right to use. (1) Any person or Note: See note under537.455. agency allocated conserved water under ORS 537.470 may reserve the water in stream for future 537.500 Legal status of conserved water out-of-stream use or otherwise use or dispose of the right. (1) A water right for conserved water under conserved water. Any person or agency to whom ORS 537.455 to 537.500 and 540.510 shall have the conserved water is allocated shall notify the same legal status as any other water right for which a commission of the dispensation of the right to the use certificate has been issued. of conserved water. The notice shall include: (2) A water right for conserved water that is (a) The name and address of the person reserved in stream for future out-0f-stream use under buying or leasing the right to the use of conserved ORS 537.490 or that the commission manages under water; ORS 537.495 is not subject to cancellation under (b) The use to which the conserved water is ORS 537.260 or 537.410 to 5373.450 or to to be put;and abandonment or forfeiture under ORS 540.610 to (c) The terms of any agreement between the 540.650. [1987c.264§10; 1989c.699§3] appropriator and the person using the conserved water. Note: See note under 537.455 (2) Notwithstanding any other provision of law, a person who holds a water right permit or certificate having a subsequent priority to a certificate issued under ORS 537.470 may not acquire a vested right to any water or return flow of water that results from either the lease of the right to the use of conserved water or the reservation of conserved 13 EE OPTION 6 Conversion of agricultural land to urban land and converting agricultural water to Instream water rights MAJOR PLAYERS: All cities in Bear Creek Basin. TID,MID,RRVID,OWRD, BOR,all water right holders in Bear Creek Basin Brief Proiect Description: When parcels of land that have water rights-attached to them are urbanized,and begin using municipal water,then those water rights appurtenant to the property could be transferred to Instream water rights. Pro's: This would definitely increase the amount of water in Bear Creek. The City of Ashland has in the past done this type of transfer from irrigation water on the"Million Ditch"rights to municipal use,and private rights could easily be transferred to Instream rights. Con's: it may make it difficult for irrigators still using water through a ditch system to get their water as water fights-are transferred out There are problems using Irrigation District water on a transfer to Instream water right with Bureau of Reclamation. The BOR must have a contract agreement to use water for Instream purposes, possible reauthorization,or a portion of the project If water is converted on District water rights,then that income to the Districts is lost,so there should be some type of a trust fund set up to keep the District solvent Issues: This is a very viable option and private water rights could be leased, purchased,or donated to Instream water rights. With District water,agreements need to be worked out with the BOR. But it is still possible. The amount of water gained would be based on the amount of water allowed in the original water fight The Instream water right would have the same priority date as the original water right transferred. 14 OPTION 7 Irrigation Districts reduce return flows maintaining higher flows in Bear Creek MAJOR PLAYERS: MID,TID,RRVID,SCS,Jackson Soil and Water Conservation District Brief Project Description: Through improvements in irrigation practices and pipe conversions, return flows would be reduced into Bear Creek. Water could then be delivered to users via Bear Creek. This project is being studied by the Soil Conservation Service through 131-566. 15 WATERSHED INFORMATION SHEET BEAR CREEK WATERSHED Sponsors Jackson Soil and Water Conservation District Medford Irrigation District Rogue Valley Irrigation District Talent Irrigation District Project Provided by the U.S.Department of Agriculture,Soil Conservation Service,under Assistance the Watershed Protection and Flood Prevention act of 1954(Public Law 83-566). Assistance requested May 19, 1992 by the Jackson Soil and Water Conservation District. Purpose Watershed protection,improved irrigation efficiency and improved water quality. Location Jackson County,Oregon. The proposed-project area includes the Bear Creek and Whetstone Watersheds. Study Area Bear Creek 232,280 acres Whetstone Creek 13,400 acres Total 245,680 acres Primary Problems Water quality impairments due to nutrients result in a detriment to human health and aquatic habitat. Water qualities are occasional insufficient to meet requirements for crop production. Soil erosion reduces crop yields and results in downstream fishery damage,and stream turbidity. Areas without sufficient vegetative cover for erosion control also contribute excessive runoff during storm events and aggravate flooding. Inefficient irrigation systems contribute to limited water supply. Primary Install conservation land treatment practices on privately owned orchard, Recommendations cropland,rangeland and woodlands. Install improved irrigation systems. Estimated Benefits Conserve water and energy. Reduce erosion,sedimentation and flood damage. Increase crop yields. Improve surface and ground water quality. Improve fishery and aquatic habitats.. 16 X OPTION 8 City of Ashland water in Howard Prairie Reservoir for domestic and Instream flow supplement MAJOR PLAYERS. City of Ashland,TID, BOR,OWRD, ODFW Brief Project Description: This would be similar to Option 6,with the same concerns and issues. Please also refer to the Ashland letter of March 25, 1994 to Alan Cook,OWRD and Draft Response (Pages A-E). 17 OPTION 9 Conservation of irrigation water with conserved water returned to Instream water rights MAJOR PLAYERS. TID,MID, RRVID, BOR,OWRD,SCS Brief Proiect Description: using conservation rules a minimum of 25 percent of the conserved water could be returned to the stream for Instream purposes. The amount converted to Instream could be increased up to 50%if public funds are used. Attached are the Draft Administrative Rules. Pro's: The major bendfit to this is that water is conserved with less usage and returned to Instream. Con's: Conservation is not mandatory in the law and most property owners do not voluntarily give up rights. Water conserved from a storage project is not necessarily released to Instream. 18 OPTION 10 Conversion of City of Talent water system to Medford supply MAJOR PLAYERS: TID, BOR,City of Talent,Medford Water Commission Brief Project Description: This plan would allow the use of the 600 AcFt allocated to the City of Ashland to be reallocated for another purpose. A pipeline would be installed at a cost of$1,000,000 to $2,000,000,depending on partial conversion to total conversion. Pro's: This would allow reallocation of 600 AcFt of storage for Instream or other uses. City of Talent would get a reliable water source,even in drought years. Con's: The 600 AcFt of storage still has an August 24, 1978 priority date,being a junior right to TID (see page). Issues: Same as Option 8. Maior Concerns: Conservation may not mean more water will be left Instream. BOR must reallocate the project to Instream uses. Quantification of amounts of water conserved is difficult,but not impossible through metering before and after. • 19 OPTION.11 Marketing of water MAJOR PLAYERS: OWRD,City of Ashland,TID,MID,RRVID,BOR,Individual water users Issues: The State of Oregon currently has no rules for a water marketing program. Maybe in the future there might be a program for marketing and allocation. There would have to be quantification,measuring, and regulation to have this be feasible. The BOR may also have rules on water marketing. 20 D DRAFT RESPONSES TO ASHLAND CONCERNS 1. Yes, dates of agreement with T.I.D. predate permit#87916. R7916 does not change-or relinquish previously held water rights. R7916 apparently expands storage capacity(theoretically)from 62,000 a.f.to 64,195 a.f. The actual capacity at Howard Prairie is closer to 60,000 a.f. 2. @would be August 24, 1978. James Sexson issuance of permit R7916 clearly indicates that 1915 is denied as a priority date. 3. Yes, the transfer process as far as the State water rights issue is concerned could be a legitimate vehicle to accomplish the distribution of the 62,000 a.f.as referred to in R2210 and further clarified by 25915 and 25916. 4. Yes,through contract agreements,but City may need a new water right or a transfer to be able to use this water. The final proof process would sort out the extent of this particular issue. Did the City ever make application to Bureau and/or State to use this water? 5. Partially. If actual proof up resulted in less than a 62,000 a.f. need from Howard Prairie, then ostensibly,the difference could be used to satisfy the newer water right of R7916(2,195 a.f.). But a portion of that amount(2,195-600 for Talent) may also be in jeopardy of not having been proved up, or municipal use extension requested. Carty over may complicate the issue considerably. The solution may be of an agreement nature with T.I.D. 6. No,a misunderstanding perhaps. It would be lost for allocation under the existing water rights. It could be re-allocated vis-a-vis a new water right See other answers. Steve,I'm not trying to be glib on this issue,but we would have to have an intense sit down with T.I.D and our Water Right Division to more definitively answer this question. 7. Yes,assumption is correct. You would still probably need a contracted agreement with T.I.D.and the Bureau to accomplish this. 8. Yes. Finally a simple one. You will have to initiate the transfer process prior to final proof completion. This will require transfer applications to be filed in Salem. They will then "stack up" and become effective when the new order is prepared. 9. The City s burden is to demonstrate beneficial use and future need for that water. City should also assure that the property in question is on the final proof survey and that water in the claimed amounts had been beneficially used within the terms of the permit E 10. Yes,to the best of my knowledge. 11. Yes,as long as the municipality has the basis for a request for extension of time. •Mr.O.rr.ry(�� 4 Of J` •.� . PIYTLtX �Ilidum '•.�RE60�.•• . September 2, 1994 Honorable Mayor and City Council Arum: Brian L. Almquist, City Administratgi l / p�11�IjEtf: Local Improvement Districts and "Son of 5" 'Ilse staff has been wrestling with the questions of how to finance local improvement districts, should th&Ballot Measure 5 pass in November. As you all know, this measure requires a public vote on any increases in taxes or fees. This is likely to mean the end of municipal bonding as we know it, in that we can no longer pledge the property tax as backing for our improvement bonds. It would be possible to pledge other city revenues, but how such pledges would sell in the bond market is a matter of uncertainty. Second,our planning policies have typically required developers and property owners to sign in favor of street improvements,presuming that within a reasonable time,paved access would be provided.We need to evaltiate this policy as well. There are a number of L.I.D. projects in various stages of completion and several in the formative stages. Several of these are important public improvements and we need to look at the alternative ways that we can facilitate theme projects. RECOMMITIDATTON: I would suggest that we schedule a study session in the immediate future to review the policy and financial implications of the local improvement district process. c�r.ros�s.�ro� :. ✓:. :.Yv..::.:..:w::.i : :C.S:S:i'nA3::Pl:i^-:[:2'lJr:`::L.Y ::: .n./ili. •rr•e•vur lp{ ASN `6°.`� ' September 1, 1994 Q: Brian Almquist, City Administrator rIIm: Steven Hall, Public Works Director ,�$ hjerf: Water Report/Curtailment Recommendation - September 1, 1994 ACTION RFOMIED City Council confirm Stage 1 water curtailment enacted by City Administrator. At this point in time,it is not recommended that Stage 2 water curtailment be enacted. NOTE: This could change by the Council meeting depending on water use and reliability of TID water. BACKGROUND Through Wednesday, August 3lst, our water situation has improved. I believe the improvement is due to individuals responding to the request to lower water use and cooler weather. This morning, Thursday, I was elated with the gray skies and promptly dressed in "all gray"! I have refined the model I constructed for projecting our water future by modifying some of my initial assumptions. The projections are still conservative. The revised model provides a better approach for my analysis and monitoring of our water situation. The original model was devised in 1992. The model has been adjusted to a TID cutoff date of September 15th. We may be able to extend beyond that date, but I am not comfortable making that assumption at this point in time. 'Ibis year has been one of rapidly changing patterns. Based on our tracking of statistics through late June, flows in Ashland Creek were above 1992, water use was below 1992 and Reeder Reservoir was 100% full. July came with rapidly escalating temperatures, water use and below normal flows in Ashland Creek. On July 1st Reeder Reservoir had dropped to about 95% full and TID water was ordered. TID had to do repairs to the Ashl and Canal and TID indicated we would have water about July 11th. At that time, Pacific Powr and Light tested their generator and we finally mmved our first water on July 14th. By then, Reeder Reservoir had dropped to 87% full. On July 22nd Reeder was stabilized at about 83% full. We have maintained that level to date. During the 3rd week of July, water use began to moderate to near average levels. In early August, consumption began to increase above normal and Ashland Creek began to drop at above normal rate. Those factors brought about the declaration of the "Water Waste" portion of the curtailment ordinance. With little response to our publicity, I asked Brian to place Stage 1 Water Allocation amounts in effect on Monday, August 30th. During July, water use was 14% above average and Ashland Creek 41% below average. During August, water use was I% above average and Ashland Creek 44% below average. Ashland Creek flows normally "hit bottom" in October and recovery is fairly rapid. See the attached "Ashland Creek Flows" graph. The 1992 record low flows parallel the 27 year average which adds strength to the current projections. The bulk mailing of information and subsequent publicity of our water situation has brought about a further reduction in water use to today, September 1st. The operators are struggling with TID's poor water quality. Because of the TID water quality, the maximum amount of TID water, the maximum amount we can use is about 50% The balance is made up from Ashland Creek and Reeder Reservoir. We are still meeting or exceeding water standards, but struggling with taste and odor problems. The warm temperatures of TID and Reeder water exacerbate the taste and odor problem. ITEM 8/24/94 8/31/94 Ashland Creek Flow 1.80 MGD 1.75 MGD Reeder Reservoir 14% above normal 17% above normal Reeder Volume 232 MG 231 MG Water Produced 5.56 MGD 3.71 MGD TID Water Used 2.53 MGD 1.77 MGD TID Cutoff Date 9/1/94 9/15/94 Reserve Beyond 9/15 59 Days 84 Days Currently, the situation is cautiously good based on the water patterns in Ashland from Saturday, August 27th through Wednesday, August 31st. Citizens and businesses in Ashland still need to continue to conserve water to carry us through until the [hopefully] early rains this year. cc: Dennis Barnts, Water Quality Superintendent Daryl McVey, Water Filter Plant Supervisor Keith Woodley, Fire Chief Ashland Daily Tidings Medford Mail Tribune Enc: Reeder Reservoir (June 1 through October 31) Ashland Creek Flow (June 1 through October 31) Ashland Creek Flow (January 1 through December 31) Plant Production (June 1 through October 31) _ .........,.._... .....�-.�........ ...... ..........�........... �.........«�........._...,�.._............_.�...W...+m..........,-.u.wwc.+..........«......w.ov.,.....m.w�.+a.www......ryacma am�aseny Reeder Reservoir Jurie 1 through October 31 100° 90% TID began 7/14/94 70% U i N 60% 50% 40% 1 229 027 431 June July August September October 1994 •°°°•-..... 1992 °•..... Standard Curve — w.,.:......:....:.. v._. ....�.n..�:..:..:....,.n.. .......�..f...:..�:.4:..:.y.r..n....n..........:.. :.1. ..w.. .-.—....—..�—.�..r.:..�f...w..<......�.:.:J.�G-..n�.........Jn.�q..wM.+'fF.. V..'.`.YiG'..0 Ashland Creek Flow June 1 through October 31 7 6 p 5 Repaired Leak In West Fork a`) co 4 o �: 3 2 `• 1 0 1111im ,22 29 6 13 20 27 3 10 17 24 31 7 14 91 98 5 12 1926 June July August September October 1994 ............... 1992 CITY OF ASHLAND ASHLAND CREEK FLOWS Q 12 w - - - --......_------------------_....-- - ---• --- ........................... - .._.... ..... 10 ' ........... ....... .... a w Z ........ ....................................._....-............................. . ......................... O 8 ............................. . ... ._._....._.. ................._.........-........_._. .._.. J i i i i . ... ...........................:...... ................... ...... .........:........ . ....... ...... ....(7 6 ..... Z O 4 ...... .. ' ....... ....... ............_i--......... - .... ................ ..... .:.: .... J_ Z2 ..._..._...._._.........._................_................................_.._.................` ............_.. . O `L 0 JAN MAR MAY JUL SEP NOV DATE �- AVG 1976-1993 -+ - 1994 )K 1992 Plant Production June 1 through October 31 7 6.5 6 5.5 a . 5 CD `- 0 4.5 K ° 3.5 ( - 1 3 A _ i 2.5 2 1 ,8 15 22 29 6 13 20 27 3 August 31 September 5 October June July 1994 ••-•••°••°•• .1992 NO ON 13 - SUPPORT OUR COMMUNITIES PAC Endorsement Form Check One or Both Endorsing Support Our Communities PAC mission statement. To build a movement to,advance and protect democratic freedoms and civil and human rights; to build the broadest possible coalition to counter the activities of groups such as the Oregon Citizens Alliance; and to defeat attempts to deny rights through the electoral process. _Yes, our organization is willing to be publicly stated as an endorser of SOC PAC's mission. FFEndorsing Support Our Communities as the statewide campaign fighting the A anti a ballot measure. _Yes, our organization is willing to be publicly stated as an endorser of the campaign to defeat Ballot Measure 13, the OCA's statewide anti-gay ballot initiative. Officer's Signature Title Date Organization Name . Contact Person Title Mailing Address Phone(s) & fax We will consider providing one or more of the following: Monetary Contribution(s): Volunteers: Mailing List Newsletter Space: Staff Support: Equipment: Other: Return to: SOC PAC-Coalition (503) 222-6151 P.O. Box 40625 (503) 222-6418 fax Portland, OR 97240-0625 Authorized and paid for by Support Our Communities PAC P.O.Box 40 625 Portland,OR 9724011625 . , . . .. . w �. W . I - . _ SOC PAC MISSION & GOALS Mission To build a movement to advance and protect democratic freedoms, and civil and human rights; to build the broadest possible coalition to counter the activities of groups such as the Oregon Citizens Alliance; and to defeat attempts to deny rights through the electoral,process. November, 1994 Campaign Goal • The primary objective is to gain at least 50% + I in the defeat of the OCA statewide initiative by appealing to widespread groups of citizens through a professionally managed campaign based.on analysis of polling data. A secondary objective of the campaign is to develop a long-term constituency to advance and protect civil and human rights and to oppose groups like the OCA which threaten such rights for all Oregonians. Organizational Goals t • Gain at least 50% + 1 in electoral campaigns. • Increase the number of registered voters committed to advancing democratic freedoms and civil and human rights. • Educate Oregonians about the threat to democratic freedoms posed by those such as the OCA who would deny such freedoms. • Expand the base of human rights activists committed to supporting all who are targeted for discrimination by groups such as the OCA. • Achieve greater coordination of leaders and organizations committed to fighting for civil and human rights. • Develop an effective statewide communications network to connect all existing resources. ' • Identify and develop local leaders to eriliance the capacities of conununtucs throughout Oregon to participate effectively in the electoral process. A 1 A,n r17nrl anri nairl !nr by Gunnnrr (fur COt))il)unuicS PAC P.O. n0\ 40625 POf118t\d, OR 97240-0025 0025 Support Our Communities Political Action Committee Campaign Mission • The primary objective is to defeat the OCA statewide initiative by appealing to widespread groups of citizens through a professionally managed campaign based on analysis of polling data. • A secondary objective of the campaign is to develop a long-term constituency to advance and protect civil and human rights and to oppose groups like the OCA which threaten such rights for all Oregonians. Operating Principles • The campaign will be professionally managed and will develop campaign messages based on polling data, focusing on Oregon voters and themes. • The campaign will be run in an inclusive manner, bringing all affected parties together to craft a mainstream campaign to reach and persuade Oregon's voters. • The campaign is committed to grassroots organizing and building the broadest possible coalition. Campaign Trustees Ten well-known and respected leaders including 3 representatives from gay/lesbian community, l religious leader, 1 labor leader, 1 educational leader, 3 business leaders and a widely respected individual to serve as chair. The function of the Trustees is to ensure that campaign operations and expenditures follow the agreed upon campaign strategy by approving the campaign budget and professional consultant selection, and by playing a lead role in private sector fundraising. SOC PAC Steering Committee The SOC PAC Steering 1 rura Committee twill consist of 2 Co-Chairs, l0 Chairs from campaign committees, l at large representative, and the campaign Treasurer A Co-Chair of the Steering Committee will also serve on the Campaign Trustees. The function of the Steering Committee is to organize and manage the campatgn. The Executive Director and Co-Chairs of the Steering Committee will maintain regular communication with the Campaign Trustees to secure approval of campaign strategy and budget and to ensure that operations follow agreed ulx�n principles. -_ c.. nmmuni ins PAC P.O. nog 40625 Penland, OR • 972,10-0G25 .... . .... .... _ . .._ _ _ ,-. .- _---. . . _....... . �sm�_. � o 08/25/94 • 14:3.0 FAX 509 222 0418. SOC PAC U002 ARGUMENT IN OPPOSITION VOTE NO ON MEASURE 13 According to Lon Mabon, it's a '...moderately voided replacement for Measure 9.' -,Lon T- Mabon, SSR-PAC letter, 1M3 _ 'aCA Chairman Lon Mabon said the nev measure would essentially have the same effect as Measure - The Oregonian, 1212193 • Discrimination was a bed idea in 1992 when K deefe�aW Measure 9. • It's still a bad idea. Iva F f-- • By the OCA's ovn admission, • Measure 13 = Measwe 9 Measure 13 permanently legalizes discrimination • WE MUST DEFEAT MEASURE 13- Citizens from around the state oppose discrimination_ Join us in voting No on 13 name Toma name.:. 1994 Statewide OCA Ballot Measure 13 The Office of Secretary of State has received an amended certified ballot title from the Supreme Court for an initiative petition proposing a constitutional amendment. The certified ballot title is as follows: AMENDS CONSTITUTION: GOVERNMENTS CANNOT APPPROVE, CREATE CLASSIFICATIONS BASED ON, HOMOSEXUALITY QUESTION: Shall constitution bar governments from creating classifications based on homosexuality or spending public funds in manner expressing approval of homosexuality? SUMMARY: Amends state Constitution. Governments cannot: - create classifications based on homosexuality; - advise or teach children, students, employees that homosexuality equates legally or socially with race, other protected clasifications; - spend public funds in manner promoting or expressing approval of homosexuality; - grant spousal benefits, marital status based on homosexuality; - deny constitutional rights, services due under existing statutes. Measure nonetheless allows adult library books addressing homosexuality with adult-only access. Public employees' private lawful sexual behaviors may be cause for personnel action, if those behaviors disrupt workplace. Chief Petitioner(s): Lon T. Mabon, Phillip Z. Ramsdell, Kristi M. Mabon; each listing their address as: PO Box 407, Wilsonville, OR 97070. (OVER) The reprint of this information is authorized & paid for by: Support Our Communities PAC • P.O. Box 40625 • Portland OR 97240-0625 • 503 222-6151 1994 Ballot Measure 13 THE MINORITY STATUS AND CHILD PROTECTION ACT (OCR's title) AN ACT Be It Enacted by the People of the State of Oregon: The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article 1. The new section shall be known as "The Minority Status and Child Protection Act" and will read as follows: Section 41: MINORITY STATUS BASED ON HOMOSEXUALITY PROHIBITED. (1) In the State of Oregon, including all political subdivisions and government units, minority status shall not apply to homosexuality; therefore, affirmative action, quotas, special class status or special classifications such as "sexual orientation," "domestic partnerships" or similar designations shall not be established on the basis of homosexuality. (2) Children, students and employees shall not be advised, instructed or taught by any government agency, department or political unit in the State of Oregon that homosexuality is the legal or social equivalent of race, color, religion, gender, age or national origin; nor shall public funds be expended in a manner that has the purpose or effect of promoting or expressing approval of homosexuality. (a) The State of Oregon, political subdivisions and all units of state and local government shall not grant marital status or spousal beneftis on the basis of homosexuality. (b) The State of Oregon, political subdivisions and all units of state and local government, with regard to public employees, shall generally consider private lawful sexual behaviors as non-job related factors, provided such factors do not disrupt the work place and that such consideration does not violate subsections (1) and (2). (c) Though subsections (1) and (2) are established and in effect, no unit of state or local government shall deny to private persons business licenses, permits or services otherwise due under existing statutes; nor deprive, nullify, or diminish the holding or exercise of any rights guaranteed by the Constitution of the State of Oregon or the Constitution of the United States of America. (d) Though subsections (1) and (2) are established and in effect, this section shall not limit the availability in public libraries of books and materials written for adults which address homosexuality, provided access to such materials is limited to adults and meets local standards as established through the existing library review process. (3) The PEOPLE INTEND, that if any part of this enactment be found unconstitutional, the remaining parts shall survive in full force and effect. This Section shall be in all parts self- executing. (OVER) .... ..............,...>.a...'...:...:n.v'v:c..y�:oew•u.C[Gi:3z:i] . y'f�H�Q . emor �txc � �xm �4t6°•�' September 2, 1994 �l1 II: Honorable Mayor and City Council ram: Brian L. Almquist, City Administrator �1i�IjCCt: Street Vacation Filing Fees A couple of months ago, we adopted a resolution modifying our Street Vacation filing fee. Unlike most other fees, the fee for street vacations is set by ordinance and thus, the attached ordinance simply amends that ordinance to allow the Council to amend the fee by resolution as will all other fees. (rsttvw.m ) .... ...... .. .. ._... . .. :� .�. : ...... .. ..... �y.���X=y�...C. .Y..u. v.^v...r1n..G:C1tCN'�.'S. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.18.020 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO FILING FEES FOR VACATION OF PUBLIC PROPERTY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.18.020 of the A.M.C. is hereby amended by changing the last phrase thereof to read: ..., and upon filing of the petition shall deposit with the City Recorder a filing fee established by Resolution of the City Council." SECTION 2. Classification of the Fee. The fee specified in Section I of this Ordinance is classified as not subject to the limits of Section Ilb of Article XI of the Oregon Constitution (Ballot Measure 5). The foregoing ordinance was first READ on the day of - , 1994, and duly PASSED and ADOPTED this day of 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney (rv.atim.otd) uF ASOO. o . Pmor and um 1100•� ' September 2, 1994 Honorable Mayor and City Council rOM: Brian L. Almquist, City Administra r '$Ubj9C't: Obstruction of Sidewalks M risen with respect to sidewalk tables and with newsracks' placement in the curb A couple of problems have a return area of sidewalks, which create traffic safety problems. The attadW ordinance would require that tables must leave at least 6 feet of clear passageway for pedestrians and would r quim that the corner sidewalk area at intersections be left dear for pales runs,and will also insure that a vision clearance area is maintained for public safety at intersection. (rsiaew.11c.m=) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10.64.010 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO OBSTRUCTING SIDEWALKS AND PASSAGEWAYS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.64.010 of the Ashland Municipal Code shall be amended by adding subsection C, which shall read as follows: "C. Except as otherwise permitted by ordinance, no person shall place any object on a public sidewalk which restricts the clear passageway for ' pedestrians to less than six feet or place any object on a public sidewalk at a street comer or within five feet of the curb return." The foregoing ordinance was first READ on the day of 1994, and duly PASSED and ADOPTED this day of 1994. Nan_E. Franklin, City Recorder SIGNED and APPROVED this _ day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney (rlb=mt\Obs=t.ord) RESOLUTION NO. 94- A RESOLUTION SUBMITTING TO THE ELECTORS A PROPOSED AMENDMENT TO THE CITY OF ASHLAND CHARTER TO REPLACE THE PROVISION PROHIBITING INTEREST IN CITY CONTRACTS BY ELECTED OFFICIALS WITH THE STATE CODE OF ETHICS THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following proposed amendment to Article III, Section 6 of the Charter of the City of Ashland is referred to the electors of the City of Ashland for their adoption or rejection at the election to be held on November S, 1994: AN ACT To amend the Charter of the City of Ashland to replace the provision prohibiting interest in city contracts by elected officials with the State of Oregon Code of Ethics. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHLAND, OREGON: Section 1. Article III, Section 6 of the Charter of the City of Ashland is amended to read as follows: ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE 6{N€9-TWROI IG 1 AND ADDITIONS ARE . 'Interest in City Contracts. During the term of4*-4hef office, no elective officer shat • ,„5t:a'.............,.. ;.,4t?t;�;any provlson the State cif UregorCt�cte rfthres�asucntanedn bE3 Chapter Section 2. The following ballot title for the proposed measure is approved: STATE ETHICS CODE TO REPLACE CHARTER PROVISION CONCERNING INTERESTS CONFLICTS Shall State Code of Ethics for public officials replace City Charter provision prohibiting interest in city contracts by elected officials? EXPLANATION: The State of Oregon has imposed by law a Code of Ethics on all elected officials. This Code of Ethics prohibits all public officials from action which will result in financial gain for themselves or members of their household. Penalties for violation of the Code of Ethics are set forth in state law. The Ashland Charter prohibits elected officials from having an interest in city PAGE 1-CHARTER AMENDMENT RESOLUTIONio:"mind-d,a.Fus) contracts. No penalty is set forth in the charter for a violation of this provision. A "Yes" vote replaces the charter provision with the State Code of Ethics. SECTION 3. The City Recorder is requested and directed to give notice of this special election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 duly PASSED and ADOPTED this day of September , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor RP�1iew eed`as to form: (' N Paul Nolte, City Attorney PAGE 2-CHARTER AMENDMENT RESOLUTION(v:« chw-&- a.n«) i For Information Purposes Only (This is not a part of the resolution) STATE OF OREGON CODE OF ETHICS 244.040 Code of ethics; prohibited actions; honoraria.The following actions are prohibited regardless of whether actual conflicts of interest or potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: (1)(a) No public official shall use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise be available but for the public official's holding of the official position or office,other than official salary,honoraria,except as prohibited In paragraphs(b)and (c)of this subsection,reimbursement of expenses or an unsolicited award for professional achievement for the public official or the public official's relative,or for any business with which the public official or a relative of the public official is associated. (b) No statewide official shall solicit or receive,whether directly or indirectly,honoraria for the statewide official or for any member of the household of the official.No candidate for statewide office shall solicit or receive,whether directly or indirectly, . honoraria for the candidate or for any member of the household of the candidate. (c) No legislative official shall solicit or receive,whether directly or indirectly,honoraria in an amount in excess of$1,500 or in any amount for an appearance within the state or for an appearance during a legislative session,regardless of location,for the legislative official or for any member of the household of the official,except that a legislative official may solicit or receive honoraria for services performed in relation to the private profession or occupation of the legislative official.No candidate for legislative office shall solicit or receive,whether directly or indirectly,honoraria in an amount in excess of$1,500 or in any amount for an appearance within the state for the candidate or for any member of the household of the candidate,except that a candidate for legislative office may solicit or receive honoraria for services performed in relation to the private profession or occupation of the legislative official. (d)Any public official not described in paragraph (b)or(c)of this subsection or a member of the public official's household may receive honoraria. (2) No public official or candidate for office or a relative of the public official or candidate shall solicit or receive,whether directly or indirectly,during any calendar year,any gift or gifts with an aggregate value in excess of$100 from any single source who could reasonably be known to have a legislative or administrative interest in any governmental agency in which the official has or the candidate If elected would have any official position w over which the official exercises or the candidate if elected would exercise any authority. (3) No public official shall solicit or receive,either directly or indirectly,and no person shall offer or give to any public official any pledge or promise of future employment,based on any understanding that such public official's vote,official action or judgment would be influenced thereby. (4)No public official shall attempt to further or further the personal gain of the public official through the use of confidential � Information gained in the course of or by reason of the official position or activities of the public official in any way. (5) No person shall offer during any calendar year any gifts with an aggregate value in excess of$100 to any public official or candidate therefor or a relative of the public official or candidate if the person has a legislative or administrative Interest in a governmental agency In which the official has or the candidate if elected would have any official position or over which the official exercises or the candidate if elected would exercise any authority. t (6) No person shall attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member.This subsection does not apply to the person's employer,business partner or other associate. i II