ORDINANCE NO. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:

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1 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO CHANGE THE LAND USE MAP DESIGNATION OF APPROXIMATELY 99 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM INDUSTRIAL, EMPLOYMENT, SINGLE-FAMILY RESIDENTIAL AND RURAL RESIDENTIAL (JACKSON COUNTY) TO THE NEWLY CREATED CROMAN MILL PLAN DESIGNATION; AMENDING THE CITY OF ASHLAND ZONING AND LAND USE CONTROL MAPS, TO REZONE APPROXIMATELY 78 ACRES OF LAND WITHIN THE CITY LIMITS FROM M-1, E-1, AND R-1-5 DISTRICTS TO THE NEWLY CREATED CROMAN MILL ZONE; AND IMPOSING FIVE CROMAN MILL OVERLAY DISTRICTS ON THE CROMAN MILL ZONED PROPERTIES, INCLUDING COMPATABLE INDUSTRIAL, CM-CI, OFFICE EMPLOYMENT, CM-OE, MIXED USE, CM-MU, OPEN SPACE, CM-OS, AND NEIGHBORHOOD CENTER, CM-NC. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan Map and Ashland Zoning Map at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23, 2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 6, 2010 and on subsequent public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving Page 1 of 4

2 adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan and Zoning Map in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The officially adopted City of Ashland Comprehensive Plan Map, adopted and referenced in Ashland Comprehensive Plan Chapter II [PLAN MAP ] is hereby amended to change the Comprehensive Plan map designation of approximately 93.5 acres of land inside the urban growth boundary from Industrial, Employment, Single Family Residential, and Rural Residential (Jackson County), to the Croman Mill Plan designation, said amendment is reflected on the revised adopted Comprehensive Plan Map, attached hereto as Exhibit A, and made a part hereof by this reference. SECTION 3. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to change the zoning designation of approximately 78 acres of land within the City limits of the City of Ashland, from M-1, E-1 and R-1-5, to the Croman Mill Zone designation, said amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit B, and made a part hereof by this reference. SECTION 4. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to impose the Croman Mill Compatible Industrial [CM-CI] overlay zoning designation on approximately acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 5. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to impose the Croman Mill Office Employment [CM-OE] overlay zoning designation on approximately acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. Page 2 of 4

3 SECTION 6. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to impose the Croman Mill Mixed Use [CM-MU] overlay zoning designation on approximately 4.39 acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 7. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to impose the Croman Mill Neighborhood Center [CM-NC] overlay zoning designation on approximately 5.91 acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 8. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to impose the Croman Mill Open Space [CM-OSI] overlay zoning designation on approximately 6.19 acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word ordinance may be changed to code, article, section, or another word, and the sections of this Ordinance may be renumbered, or re-lettered, and amendments including map amendments, combined, provided however that any Whereas clauses and boilerplate provisions and text descriptions of the map amendments (i.e. Sections 1, 2-8, 9-10) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of, 2010, and duly PASSED and ADOPTED this day of, Barbara M. Christensen, City Recorder Page 3 of 4

4 SIGNED and APPROVED this day of, Reviewed as to form: John Stromberg, Mayor Richard Appicello, City Attorney Page 4 of 4

5 Proposed Comprehensive Plan Designation Croman Mill District Vicinity Tolman Creek Rd Siskiyou Blvd ± Feet ,020 1,360 Proposed Comprehensive Plan Designation Croman Mill Plan

6 Proposed Croman Mill District Zone (CM) Croman Mill District Vicinity Tolman Creek Rd Siskiyou Blvd ± Feet ,040 Proposed Zone Croman Mill Zone (CM)

7 Proposed Zoning Map Changes Croman Mill District Vicinity Tolman Creek Rd City Lim Siskiyou Blvd ± Proposed Zoning Overlay Designations Feet ,200 compatable industrial (CM-CI) mixed-use (CM-MU) neighborhood center (CM-NC) office employment (CM-OE) openspace (CM-OS) Note: Areas outside the would retain their current County zoning designations until annexation. Detail Site Review (DSR)

8 ORDINANCE NO. AN ORDINANCE EXTENDING THE CITY OF ASHLAND DETAIL SITE REVIEW ZONE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Zoning Map at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23, 2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 6, 2010 and on subsequent public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Zoning Map in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Page 1 of 2

9 SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The officially adopted City of Ashland Zoning and Land Use Control Maps, amended to extend the Detail Site Review (DSR) zone designation to approximately 3.57 acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word ordinance may be changed to code, article, section, or another word, and the sections of this Ordinance may be renumbered, or re-lettered, and amendments including map amendments, combined, provided however that any Whereas clauses and boilerplate provisions and text descriptions of the map amendments (i.e. Sections 1, 3 and 4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of, 2010, and duly PASSED and ADOPTED this day of, Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of, Reviewed as to form: John Stromberg, Mayor Richard Appicello, City Attorney Page 2 of 2

10 Croman Mill District Detail Site Review Update Ashland St (Hwy 66) Detail Site Review Tolman Creek Rd Washington St. Clover Ln Mistletoe Rd DSR Overlay Zone Proposed Addition Tolman Creek Rd Siskiyou Blvd ± Feet Draft ,000 1,500 2,000

11 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 15 TO CREATE LEED. CERTIFIED BUILDING PRIORITY Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, as part of the discussion of the Croman Mill Site Redevelopment Plan, incentives to green building; were proposed for Council consideration; and WHEREAS, the City would like to prioritize LEED certified building permit applications as an incentive to green building; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new AMC Section is hereby added to read as follows: Building Permits LEED Certified Priority Plan Check 1.New buildings and existing buildings whose repair, alteration or rehabilitation costs exceed fifty percent of their replacement costs, that will be pursuing certification under the Leadership in Energy and Environmental Design Green Building Rating System (LEED) of the United States Green Building Council shall received top priority in the plan check processing. 2. Applicants wishing to receive priority plan check processing shall provide the following documentation with the building permit submittals demonstrating the completion of the following steps in the working towards LEED certification. Page 1 of 2

12 a. Hiring and retaining a LEED Accredited Professional as part of the project team throughout design and construction of the project. b. The LEED checklist indicating the credits that will be pursued. Building permit submittals must clearly specify the materials, systems and strategies they will use to achieve the credits in the plans submitted to the City of plan check approval. 3. A final report shall be prepared by the LEED Accredited Professional and presented to the City upon completion of the project verifying that the project has met, or exceeded, the LEED standard. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word ordinance may be changed to code, article, section, chapter or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any crossreferences and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of, 2010 and duly PASSED and ADOPTED this day of, Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of, Reviewed as to form: John Stromberg, Mayor Richard Appicello, City Attorney Page 2 of 2