HomeMy WebLinkAbout3130 Verde Village
ORDINANCE NO. 3 3 0
AN ORDINANCE MODIFYING THE VERDE VILLAGE SUBDIVISION'S
DEVELOPMENT AGREEMENT TO ALLOW CHANGES TO THE
PROPERTY LINES, BUILDING ENVELOPES, NUMBER OF DETACHED
AND ATTACHED UNITS, APPROVED LANDSCAPING PLAN, AND
APPROVED PUBLIC/PRIVATE SPACE PLAN FOR PHASE II, THE
SINGLE FAMILY PORTION OF THE SUBDIVISION.
Annotated to show deleti ns and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I 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, on February 5, 2016 after many hearings and amendments, Urban Development
Services on behalf of WILMA LLC requested modifications of the Development Agreement for
the Verde Village Subdivision for the properties located at 87 W. Nevada Street and 811 Helman
Street. The requested modifications include changes to the property lines; building envelopes;
the number of detached and attached units; the approved landscaping plan; and the approved
public/private space plan for Phase II, the single family portion of the Verde Village
Subdivision; and
WHEREAS, on May 10, 2016 the City of Ashland Planning Commission considered the above-
referenced request for modifications to the Verde Village Subdivision Development Agreement,
associated modifications of the Outline Plan, and request for Final Plan approval; and approved
the modifications of the Outline Plan and the Final Plan. Given the belief that the proposed
changes were significant and in some cases implicated broader policy issues, the Planning
Commission felt the Council was best suited to interpret the intentions of the original
Development Agreement in assessing whether or not to approve the applicant's requested
modifications.
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
Ordinance No. Page 1 of 3
on the above-referenced request for modifications to the Development Agreement on June 7,
2016; 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 found and determined that the
requested modifications of the Verde Village Subdivision's Development Agreement are in the
best interest of the public health, safety and welfare of the City of Ashland; meet a public need
and provide a public benefit; and are consistent with all applicable City of Ashland laws and
ordinances.
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 City of Ashland declares the approval and adoption of the requested
modifications to the original Verde Village Development Agreement, said modifications being
attached to this Ordinance as Exhibit A, Sixth Amendment to the Verde Village Development
Agreement to Reflect Council-Approved Modifications to the Agreement; Exhibit B, "Revised
Exhibit E, Verde Village Special Conditions"; Exhibit C, "Exhibit G. Bldg. Envlps. w/Overlay";
and Exhibit D, "Exhibit H. Verde Village Phs. II Proposed Landscape Plan." These exhibits are
made a part hereof by this reference.
SECTION 3. The adoption of this Ordinance declaring approval of the proposed modifications
to the Verde Village Subdivision Development Agreement and associated amendments to the
timetable are fully supported by evidence contained in the whole record, which is incorporated
herein by this reference.
SECTION 4. The Ordinance shall be effective after execution of the Sixth Amendment to
Verde Village Development Agreement to Reflect Council-Approved Modifications to the
Agreement in Exhibit A by both the City and WILMA LLC, but not earlier than thirty (30) days
after the second reading of this Ordinance and signature by the Mayor.
SECTION 5. 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.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 21St day of June , 2016, and duly
PAS and ADOPTED this 19t" d of July , 2016.
Barbara M. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this day of , 2016.
J Stromberg, Mayor
Reviewed as to form:
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J
David Lohman, City Attorney
Ordinance No. Page 3 of 3