HomeMy WebLinkAbout3152 Amending Comprehensive Plan Map Designation and Zoning - 475 East Nevada St.
ORDINANCE NO. 3152
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP
DESIGNATION AND ZONING FOR THE PROPERTIES LOCATED
AT 475 EAST NEVADA STREET
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, Tax lots #1100, 1200 and 1300 of Map 39 lE 04A and Tax Lot #100 of Map 39 lE
04AD are located at 475 East Nevada Street, and the portions of those properties presently within the
city limits have a Comprehensive Plan Map designation of "Single Family Reserve" and a Zoning
Map designation of "Rural Residential (RR-.5-P)."
WHEREAS, the owners of the properties have requested a Comprehensive Plan Map Amendment
from "Single Family Reserve" to "North Mountain Neighborhood Plan" and Zone Change from
"Rural Residential (RR-.5-P)" to "North Mountain Multi-Family(NM-MF)" for those portions of
their properties at 475 East Nevada Street located within the city limits, as illustrated in the
attached Exhibit A and Exhibit B.
WHEREAS, the City of Ashland Planning Commission considered the above referenced
Comprehensive Plan Map Amendment and Zone Change at a duly advertised public hearing on
January 9, 2018, and following deliberations recommended approval of the request by a vote of 7-
0; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above referenced Comprehensive Plan Map Amendment and Zone Change at a duly
advertised public hearing on March 20, 2018 and May 15, 2018; 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
Page 1 of 2
amend the Ashland Comprehensive Plan Map and Zoning Map in the 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 recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The officially adopted City of Ashland Comprehensive Plan Map, referenced in
Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended to change the
Plan Designation of the subject properties at 475 East Nevada Street from "Single Family
Reserve" to "North Mountain Neighborhood Plan" as illustrated in Exhibit A, attached hereto and
made a part hereof by this reference.
SECTION 3. The officially adopted City of Ashland Zoning Map, referenced in the Ashland
Municipal Code Section 18.1.2.070, is hereby amended to change the Plan Designation of the
subject properties at 475 East Nevada Street from "Rural Residential (RR-.5-P)" to "North
Mountain Multi-Family(NM-MF)"as illustrated in Exhibit B, attached hereto and made a part
hereof by this reference.
SECTION 4. 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 15'p- day of A&,,1 , 2018
and duly PASSED and ADOPTED this S'r day of 1 %,.,..,c, , 2018
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day ofr , 2018.
,r
i
Stromb g, Mayor
Revie ed as to form: o
David H. Lohman, City Attorney
Page 2 of 2
EXHIBIT A - 47 E NEVADA ST COMPREH SIVE PLAN MAP AMENDMENT
AREA IN RE PROPOSED TO CHANGE
Existing Comp Plan- Single Family Residential Reserve ~j
Proposed Comp P an: North Mountain Multi-Family
PA #2017-02129
475 E. NEVADA ST
SUBJECT PROPERTIES PA #2017-02129
475 E NEVADA ST
SUBJECT PROPERTY
O ~A
Q T.L. 04A 1200 T.L. 04A 1300
City Limits Line
475 E NEVADA ST RE-ZONE
Comp Plan
COMPPLAN
Commercial
Downtown
Employment
Industrial
Health Care
Low Density Residential
Single Family Residential
Multi-Family Residential
950 High Density Residential
Suburban Residential
Single Famiily Residential Reserve
North Mountain Plan
Airport
Hos Sotuhern Oregon University
825 8 3 Woodland
1 . 1,200 Mapping is schematic only and bears no warranty of accuracy V C 1 T Y O F
All features, structures, facilities, easement or roadway locations
w e ^ S H LAN D
1 inch = 100 feet should be independently field verified forexistence andlor location
s
EXHIBIT B - 47 E NEVADA ST ZONING M AMENDMENT ~I
AREA IN RE PROPOSED TO CHANGE
Existing Zoning: RR-.5-P (Rural Residential) 0
Proposed Zoning: N -MF (North Mountain Multi-Family)
PA #2017-02129
475 E. NEVADA ST
SUBJECT PROPERTIES PA #2017-02129
475 E NEVADA ST
SUBJECT PROPERTY
C) F
T.L. 04A 1200 T.L. 04A 1300
C;it~r Limits Line Q
375
475 E NEVADA ST RE-ZONE
T. . O~AD 10
City Zones
ZONING
. .
M-
~v A
-
M1
IS NM
R-1-10
R-1-3.5
•:•a•:•:!C•}::::•: i R-1-5
R-1-7.5
:i::A$fC ; R-2
RR-.5
:•::::•:•:•:$:•:•:•:•:•i so
WR
1:1,200 Mapping is schematic only and bears no warranty of accuracy A C I T Y OF
All features, structures, facilities, easement or roadway locations ~~P\p ASHLAND
1 inch= 100 feet should be independently field verified for existence and/or location. W E
s
BEFORE THE ASHLAND CITY COUNCIL
June 5, 2018
IN THE MATTER OF PLANNING ACTION 42017-02129, A REQUEST FOR )
COMPREHENSIVE PLAN MAP AMENDMENT; ZONE CHANGE; OUTLINE PLAN)
APPROVAL FOR A 20-LOT, 23-UNIT SUBDIVISION; SITE DESIGN REVIEW; )
TREE REMOVAL PERMIT TO REMOVE TEN TREES GREATER THAN SIX- )
INCHES IN DIAMETER AT BREAST HEIGHT; AND EXCEPTION TO STREET )
STANDARDS FOR THE PROPERTIES LOCATED AT 475 EAST NEVADA ST. )
THE EXISTING COMPREHENSIVE PLAN DESIGNATION IS "SINGLE FAMILY )
RESERVE" AND THE EXISTING ZONING IS "RURAL RESIDENTIAL (RR-.5-P)". ) FINDINGS,
THE PROPOSAL WOULD CHANGE THE COMPREHENSIVE PLAN MAP DES- ) CONCLUSIONS &
IGNATION TO "NORTH MOUNTAIN NEIGHBORHOOD PLAN" AND THE ZON- ) ORDERS
ING TO "NORTH MOUNTAIN MULTI-FAMILY (NM-MF)". [NOTE: PORTIONS )
OF THE SUBJECTPROPERTIESARELOCATEDOUTSIDE OFTHECITYLIMITS. )
THE CURRENT REQ UEST INVOLVES ONLY THOSE PORTIONS WITHIN THE CITY )
LIMITS] )
OWNER/APPLICANT: Young Family Trust & City of Ashland )
RECITALS:
1) Tax lots # 1100, 1200 and 1300 of Map 39 lE 04A and Tax Lot 4100 of Map 39 lE 04AD are located
at 475 East Nevada Street and are presently zoned RR-.5-P, Rural Residential.
2) The applicants are requesting Comprehensive Plan Map Amendment; Zone Change; Outline Plan
approval for a 20-lot, 23-unit subdivision; Site Design Review; Tree Removal Permit to remove ten trees
greater than six-inches in diameter at breast height (d.b.h.) and Exception to Street Standards for the
properties located at 475 East Nevada Street. The existing Comprehensive Plan designation is "Single
Family Residential Reserve" and the existing zoning is "Rural Residential (RR-.5-P)". The proposal
would change the Comprehensive Plan Map designation to "North Mountain Neighborhoood Plan" and
the zoning to "North Mountain Multi-Family (NM-MF)." (NOTE: Portions of the subject properties are
located outside of the city limits; the current request involves only those portions within the city limits.)
The proposal is outlined in plans on file at the Department of Community Development.
3) The criteria for Plan Amendments and Zone Changes are described in AMC 18.5.9.020 as follows:
A. Type IL The Type Ilprocedure is usedfor applications involving zoning map amendments
consistent with the Comprehensive Plan map, and minor map amendments or corrections.
Amendments under this section may be approved if in compliance with the Comprehensive
Plan and the application demonstrates that one or more of the following.
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June 5, 2018 City Council Findings
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1. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan.
2. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances.
3. Circumstances relating to the general public welfare exist that require such an
action.
4. Proposed increases in residential zoning density resultingfrom a change from one
zoning district to another zoning district, will provide 25 percent of the proposed
base density as affordable housing consistent with the approval standards set forth
in subsection 18.5.8.050. G.
5. Increases in residential zoning density offour units or greater on commercial,
employment, or industrial zoned lands (i.e., Residential Overlay), will not
negatively impact the City's commercial and industrial land supply as required in
the Comprehensive Plan, and will provide 25 percent of the proposed base density
as affordable housing consistent with the approval standards set forth in subsection
18.5.8.050. G.
6 The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5,
above, shall be determined by rounding down fractional answers to the nearest
whole unit. A deed restriction, or similar legal instrument, shall be used to
guarantee compliance with affordable criteria for a period of not less than 60
years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions.
B. Type III. It may be necessaryfrom time to time to make legislative amendments in order
to conform with the Comprehensive Plan or to meet other changes in circumstances or
conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an
ordinance; this includes adoption of regulations, zone changes for large areas, zone
changes requiring comprehensive plan amendment, comprehensive plan map or text
amendment, annexations (see chapter 18.5.8 for annexation information), and urban
growth boundary amendments. The following planning actions shall be subject to the Type
III procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except
where minor amendments or corrections may be processed through the Type II
procedure pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other
official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
4) The criteria for Outline Plan approval are described in AMC 18.3.9.040.A.3 as follows:
a. The development meets all applicable ordinance requirements of the City.
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June 5, 2018 City Council Findings
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b. Adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity, urban storm drainage, police and fire protection, and
adequate transportation; and that the development will not cause a Cityfacility to operate
beyond capacity.
C. The existing and natural features of the land; such as wetlands, floodplain corridors,
ponds, large trees, rock outcroppings, etc., have been identified in the plan of the
development and significantfeatures have been included in the open space, common areas,
and unbuildable areas.
d. The development of the land will not prevent adjacent land from being developed for the
uses shown in the Comprehensive Plan.
e. There are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases
have the same or higher ratio of amenities as proposed in the entire project.
f. The proposed density meets the base and bonus density standards established under this
chapter.
g. The development complies with the Street Standards.
5) The criteria for Site Design Review approval are described in AMC 18.5.2.050 as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the
underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part
18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E,
below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6
Public Facilities and that adequate capacity of Cityfacilities for water, sewer, electricity,
urban storm drainage, paved access to and throughout the property and adequate
transportation can and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may
approve exceptions to the Site Development and Design Standards of part 18.4 if the
circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an
existing structure or the proposed use of a site; and approval of the exception will
not substantially negatively impact adjacent properties; and approval of the
exception is consistent with the stated purpose of the Site Development and Design;
and the exception requested is the minimum which would alleviate the difficulty.;
or
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2. There is no demonstrable difficulty in meeting the specific requirements, but
granting the exception will result in a design that equally or better achieves the
stated purpose of the Site Development and Design Standards.
6) The criteria for a Tree Removal Permit are described in AMC 18.5.7.040.13 as follows:
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority
finds that the application meets all of the following criteria, or can be made to conform
through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents
a clear public safety hazard (i.e., likely to fall and injure persons or property) or
a foreseeable danger of property damage to an existing structure or facility, and
such hazard or danger cannot reasonably be alleviated by treatment, relocation,
or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree
pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition
of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permitfor a tree that is not a hazard shall
be granted if the approval authorityfinds that the application meets all of the following
criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent
with other applicable Land Use Ordinance requirements and standards, including
but not limited to applicable Site Development and Design Standards in part 18.4
and Physical and Environmental Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks.
C. Removal of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property. The
City shall grant an exception to this criterion when alternatives to the tree removal
have been considered and no reasonable alternative exists to allow the property to
be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below
the permitted density allowed by the zone. In making this determination, the City
may consider alternative site plans or placement of structures of alternate
landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted
approval pursuant to section 18.5.7.050. Stich mitigation requirements shall be a
condition of approval of the permit.
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7) The criteria for an Exception to Street Standards are described in AMC 18.4.6.020.B.1 as follows:
a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to
a unique or unusual aspect of the site or proposed use of the site.
b. The exception will result in equal or superior transportation facilities and connectivity
considering the followingfactors where applicable.
i. For transit facilities and related improvements, access, wait time, and ride
experience.
ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of
bicycling along the roadway), and frequency of conflicts with vehicle cross traffic.
iii. For pedestrian facilities, feeling of safety, quality of experience (i. e., comfort level
of walking along roadway), and ability to safety and efficiency crossing roadway.
C. The exception is the minimum necessary to alleviate the difficulty.
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection 18.4.6040.A.
8) The Planning Commission, following proper public notice, held a public hearing on January 9, 2018
at which time testimony was received and exhibits were presented. Subsequent to the closing of the hearing,
the Planning Commission approved the Outline Plan for a 20-lot, 23-unit subdivision; Site Design Review;
Tree Removal Permit to remove ten trees greater than six-inches in diameter at breast height (d.b.h.) and
Exception to Street Standards components of the application, contingent upon the City Council's ultimate
approval of the requested Comprehensive Plan Map Amendment and Zone Change, subject to conditions
pertaining to the appropriate development of the site.
9) The City Council, following proper public notice, held a public hearing on March 20, 2018 at which
time testimony was received and exhibits were presented. Prior to the closing of the public hearing, the matter
was continued to a date certain. The public hearing continued on May 15, 2018 at which time testimony was
received and exhibits were presented and the first Subsequent to the closing of the hearing, the City Council
approved the Comprehensive Plan Map Amendment and Zone Change application, subject to conditions
pertaining to the appropriate development of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes, and orders as follows:
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"
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June 5, 2018 City Council Findings
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Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS & CONCLUSIONS
2.1 The City Council 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 City Council finds that the requested Comprehensive Plan Map Amendment and Zone Change
meet the applicable criteria in AMC 18.5.9.020. The City Council further finds that the proposal for Outline
Plan, Site Design Review, Tree Removal Permit and Exception to Street Standards approvals has been
reviewed by the Planning Commission and found to meet all applicable criteria for Outline Plan approval
described in AMC 18.3.9.040.A.3; for Site Design Review approval described in AMC 18.5.2.050; for a Tree
Removal Permit as described in AMC 18.5.7.040.B; and for Exception to Street Standards as described in
AMC 18.4.6.020.B.1. The Planning Commission's Findings, Conclusions, Orders and Recommendations
are hereby adopted by reference in their entirety and attached as Exhibit A to these findings.
2.3 The City Council finds that, as detailed in AMC 18.5.9.020, Zone Changes may be processed as a
Type II procedure when they are consistent with the Comprehensive Plan, however when a Zone Change
is proposed that is inconsistent with the Comprehensive Plan designation as is the case here it requires a
Type III procedure with a hearing before and recommendations from the Planning Commission, followed
by decision through a hearing before the City Council in conjunction with the adoption of necessary
ordinances and amended maps.
The approval criteria for a Type II Zone Change, where the Zone Change is consistent with the existing
Plan designation, require that one or more of the following be demonstrated:
1) The change implements a public need, other than the provision of affordable housing, supported
by the Comprehensive Plan;
2) A substantial change in circumstances has occurred since the existing zoning or Plan designation
was proposed, necessitating the need to adjust to the changed circumstances;
3) Circumstances relating to the general public welfare exist that require such an action;
4) Proposed increases in residential zoning density resulting from a change from one zoning district
to another zoning district, will provide 25 percent of the proposed base density as affordable
housing consistent with the approval standards set forth in subsection 18.5.8.050.G;
5) Increases in residential zoning density of four units or greater on commercial, employment, or
industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial
and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of
the proposed base density as affordable housing consistent with the approval standards set forth in
subsection 18.5.8.050.G; and
6) The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be
determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or
similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period
of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated
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I
actions. In terms of these criteria, in staffs view #4 dealing with the provision of affordable
housing seems the most relevant..
Where a Zone Change request is inconsistent with the Comprehensive Plan designation, the Land Use
Ordinance calls for a Type III review, noting that, "It may be necessary from time to time to make
legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an ordinance; this
includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive
plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for
annexation information), and urban growth boundmy amendments. " Type III reviews typically involve
"large-scale implementation ofpublic policy" rather than looking at one owner's relatively small property,
however because the current request requires not only a zone change for a relatively small group of
properties but also an amendment to their Comprehensive Plan Map designation it triggers Type III
review. In past applications involving what are essentially minor, property specific changes to the
Comprehensive Plan, the City Council has looked for a compelling public need but have also relied upon
the "Type 11" criteria of AMC 18.5.9.020.A in considering the more property-specific aspects of the
requests. The City Council's consideration here accordingly looks at the changes in circumstances or
conditions which necessitate the request, but does so with the more property-specific criteria in mind as
well.
The application explains that, "There has been a significant change in the neighborhood development
pattern since the North Mountain Neighborhood Plan's adoption in 1997. The subject properties were
part of the large area of underdeveloped land on the north side of Bear Creek, accessed only by a gravel-
surfaced North Mountain Avenue. Between 1997 and today, major public and private expenditures were
made to bring paved streets, sewer and water service to this area. The current property owner sees the
great value in working with the City and providing additional developable land consistent with the
adjacent property zones and development pattern allowing for further the Comprehensive Plan with
respect to urbanization."
The application goes on to note that the "primary change in circumstances is the development and build-
out of the adjacent Meadowbrook Park II Subdivision properties (immediately) to the south. When the
comprehensive plan designations were set, the properties to the north of East Nevada Street and the areas
to the south were designated as Rural Residential. With the North Mountain Plan overlay, the zoning of
the properties to the south of East Nevada Street was modified to correspond to the North Mountain Plan
Overlay. The properties to the north of East Nevada Street were not included in the North Mountain Plan
Overlay."
The City Council finds that in the 1970's, prior to the adoption of the North Mountain Neighborhood Plan,
the entire area - including the subject properties - was given residential half-acre zoning because it lacked
key city facilities and had limited paved access. In the early 1990's, city services were extended and
upgraded to serve the Mountain Meadows development on the east side of North Mountain Avenue. At
that point, there began to be interest on the part of property owners in developing the west side of the
street. The City was aware of the property owners' interest in developing the area, but there were concerns
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about a piecemeal approach to development versus a more coordinated effort. This ultimately lead to a
grant-funded master planning process that began in January of 1994 and ended in May of 1997, with the
City Council's adoption ofthe North Mountain Neighborhood Plan which included Comprehensive Plan and
Zoning Map amendments in conjunction with new chapter in the Ashland Land Use Ordinance that set
the zoning framework for the district and provided design standards for development within the approximately
75-acre North Mountain Neighborhood.
The City Council finds that, while we concur with the applicants' recounting of the changes in the area,
these changes in and of themselves do not necessitate a change in the properties' zoning. However, the
current housing shortage and the well-documented need for more land to accommodate moderately priced
and affordable ownership and rental units is a change in circumstances which we believe necessitates the
requested up-zoning, particularly in light of the city's commitment to more efficiently use lands within its
existing boundaries under the Regional Problem Solving (RPS) process. The changes noted by the
applicant in bringing city facilities to the area in conjunction with the North Mountain Neighborhood's
development support this more efficient land use.
The applicant requests to rezone the properties to North Mountain, Multi-Family (NM-MF) zoning, which
allows for up to 12 dwelling units per acre. The mix of units proposed includes townhouses, four single
family units attached at the garages, and three detached single family residences with the possibility for
three attached second units, and the application suggests that the proposed mixture of housing types and
density is consistent with the adjacent North Mountain Neighborhood context and further cites the
Townhouse Residential discussion in 2.04.04 of the Comprehensive which notes that this townhouses at
a density of up to 12 units per acre "encourage innovative residential housing to provide low-cost, owner-
occupied housing in addition to lower density rental units."
The applicants had initially proposed partnering with non-profit affordable housing provider Rogue Valley
Habitat for Humanity and dedicating the area for four units of deed-restricted affordable housing and
associated street improvements, parking, private yard/setback areas, access to common refuse area and
recreation space and full participation in the homeowners' association to Habitat. However, after Habitat
looked closely at the city's parameters for required affordable housing, it became clear that a number of
additional exceptions would be necessary for them to provide affordable units, and the applicants
accordingly amended their proposal through the hearing process to provide four units of affordable
housing themselves. These units are proposed to be deed restricted for sale or rent as affordable to those
at 60 percent of the area median income for 60 years. The applicants propose to extend water, sewer,
storm drain and electric facilities to and through the development with the Outline Plan approval, but hope
to defer sidewalk, parkrow and irrigation for the new Franklin Street extension proposed until housing is
developed by posting a bond for these improvements.
The criteria for affordable units calls for the units to be completed proportionally with the market rate
units, distributed evenly throughout the project and to be constructed using comparable building materials
and include equivalent amenities to the market rate units. The applicants have requested Exception to two
of the affordability standards to allow the clustering of the units and that the units not be a comparable
mix of unit types to the market rate units. AMC 18.5.8.050.G. provides for exceptions where an alternative
mix of housing types, phasing or distribution would accomplish additional benefits and be completed in a
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June 5, 2018 City Council Findings
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timely fashion. The applicants explain that the dedicated land must be located in one area to limit
development costs, and that this further facilitates coordinated site planning so that the building placement,
yard areas, play areas, parking, etc. can be planned as part of the initial development to further minimize
development costs. They further suggest that attached wall, townhouse structures that are contiguous to
one another with similar designs and floorplans minimize development and long-term maintenance costs
and are thus beneficial to the affordable housing providers.
In considering the requested Exceptions, the Planning Commission found that while clustering the
affordable units was contrary to the equal distribution requirements of AMC 18.5.8.050.G.5 it was
acceptable in facilitating coordinated site planning and minimizing costs for a non-profit partner, but
recommended that the project should remain subject to the other standards and requirements for
affordability, including timely completion of the affordable units (AMC 18.5.8.050.G.4) and for the use
of comparable materials and amenities (18.5.8.050.G.6). The Council finds that clustering of the four
affordable units and providing them as four attached units, rather than a comparable distributed mix of
attached and detached units spread through the development, was supported by the Planning Commission
based on the efficiencies gained in providing affordable units by clustering them together, and further
finds that given the number of units and size of the proposed subdivision, and the mix of unit types within
the immediately surrounding North Mountain neighborhood, clustering of four attached units here will
not have an adverse impact.
In addition, the city has proposed to include an adjacent, city-owned 0.35 parcel in the zone change in
hopes that it may someday be made available for development as affordable housing to provide additional
affordable units in the area.
A zone change to NM-MF, which differs from the property's current Comprehensive Plan Map
designation, requires a legislative amendment of the city's Comprehensive Plan Map. This is a
discretionary decision by the City Council, and in similar previous requests, the Council has looked for a
compelling argument that such a change addresses a clear public need. In this instance, the Council finds
that the compelling change of circumstance necessitating the requested change is the housing shortage
and the need for more land to accommodate affordable and moderately-priced rental and ownership
housing. The Council further finds that the extension of city facilities to the area, adoption of the North
Mountain Neighborhood Plan, and subsequent development of the Meadowbrook Park II subdivision
immediately to the south can be found to be significant changes in circumstances since the original zoning
was established which further support the requested Zone Change and Comprehensive Plan Amendment.
When considered in conjunction with the city's current commitment to maintain the existing Urban
Growth Boundary for the foreseeable future as adopted in the Regional Plan Element (XIV) of the
Comprehensive Plan, and to instead seek to accommodate anticipated growth with more efficient land use
inside existing boundaries, the Council believes that that these circumstances necessitate the requested up-
zoning, and we accordingly approve the requested Zone Change and Comprehensive Plan Amendment.
2.4 The City Council finds that Oregon state law requires that amendments to Comprehensive Plans to
be in compliance with the Statewide Planning Goals & Guidelines (ORS 195.175(2)(a)). The proposed
Comprehensive Plan Amendment would change the site Comprehensive Plan Map designation from
"Single Family Residential Reserve" to "North Mountain Neighborhood Plan." Consistent with that state
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June 5, 2018 City Council Findings
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law requirement, the City Council finds that the proposed Comprehensive Plan Map Amendment and the
project proposed for the site under PA 42017-02129 comply with the Statewide Planning Goals &
Guidelines as described below:
❑ Goal 1: Citizen Involvement - The Comprehensive Plan Amendment and rezone affect four
parcels, so its impacts are not widespread. The City publicized the proposal as required by the
City's Land Use Ordinance by posting the property, mailing notice to all property owners within
200 feet of the sites, and providing notice of the Planning Commission and Council hearings on
the City's website and in the local newspaper.
❑ Goal 2: Planning - The sites are on the edge of the City immediately adjacent to the City's North
Mountain Neighborhood District, which is a large planned district in the northern part of the
Ashland. The proposed Comprehensive Plan designation and zoning effectively brings these
parcels into the North Mountain Neighborhood District. Permits for the proposed development of
the parcels will follow the City's existing land use permitting procedures.
❑ Goal 3: Agricultural Lands - The sites that are the subject of the Comprehensive Plan
amendment and rezone are within both the City limits and the Urban Growth Boundary (UGB) of
the City of Ashland. No Agricultural lands are affected by the proposed development of the site
under the proposed amendments. Adjacent lands in Jackson County to the north are not designated
Agricultural. To the extent this rezone allows for greater density within the City's UGB, there is
less pressure for housing outside the UGB.
❑ Goal 4: Forest Lands - The sites that are the subject of the Comprehensive Plan amendment and
rezone are within both the City limits and the Urban Growth Boundary (UGB) of the City of
Ashland. No Forest lands are affected by the proposed development of the site under the proposed
amendments. Adjacent lands in Jackson County to the north are not designated Forest. To the
extent this rezone allows for greater density within the City's UGB, there is less pressure for
housing outside the UGB.
❑ Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces - No natural
resources, scenic resources, or historic resources have been identified on the sites. The proposed
development of the site under PA-2017-02129 has been determined by the Ashland Planning
Commission to comply with the City's Site Design Review process, which requires eight (8)
percent of the site to be dedicated to recreational open space.
❑ Goal 6: Air, Water and Land Resources Quality - The rezone sites are planned for residential
development and this development is not anticipated to negatively impact air, water or land
resources. The sites will be fully served by City utilities, which is not currently the case pre-
rezone.
❑ Goal 7: Areas Subject to Natural Hazards - The sites are not within any flood, landslide or
liquefaction-prone areas identified by the City's natural resources mapping.
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June 5, 2018 City Council Findings
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❑ Goal 8: Recreational Needs - The sites are near City parks and other recreational resources. The
proposed development of the site under PA-2017-02129 has been determined by the Ashland
Planning Commission to comply, as conditioned, with City Land Use Code requirements for
recreational open space on site.
❑ Goal 9: Economic Development - The City has adequate industrial and commercially zoned land
elsewhere. The subject properties have been zoned residential reserve. The residential nature of
the zoning will not change, but greater density will be allowed, and some affordable housing units
will be provided.
❑ Goal 10: Housing - The Comprehensive Plan amendment and rezone will further the City's
housing goals and policies by increasing zoned residential density in an area that is already
developing with urban levels of housing density. The proposed development for the site will also
provide some needed affordable housing in the City of Ashland.
❑ Goal 11: Public Facilities and Services - The City's Public Works Department has determined
that there are adequate public facilities and services to serve the rezoned parcels and to serve the
proposed development of the site under PA-2017-02129.
❑ Goal 12: Transportation - The street grid in the North Mountain Neighborhood area is adequate
to handle the additional traffic from development of the subject parcels at the higher, rezoned
density. The proposed project for the site under PA 2017-02129 will provide additional street
parking and sidewalks for the area. The transportation study done for the proposed development
found that it did not meet any of the thresholds to require a transportation impact analysis.
❑ Goal 13: Energy Conservation - Greater density on these sites within the City's Urban Growth
Boundary and City Limits will promote the more efficient use of land and energy.
❑ Goal 14: Urbanization - The Urbanization Goal is furthered by greater residential density within
the City's Urban Growth Boundary.
❑ Goal 15: Willamette River Greenway - Not applicable.
❑ Goal 16: Estuarine Resources - Not applicable.
❑ Goal 17: Coastal Shorelands - Not applicable.
❑ Goal 18: Beaches and Dunes - Not applicable.
❑ Goal 19: Ocean Resources - Not applicable.
State law also requires a change in City land use regulations to comply with the City's Comprehensive
Plan (ORS 195.175(2)(b)). With approval of the Comprehensive Plan Map designation amendment to
"North Mountain Neighborhood Plan," the zoning designation change to North Mountain Multi-Family
(NM-MF)" will comply with the City's Comprehensive Plan. The NM-MF designation is one of the
zoning designations approved by the City for adoption within the North Mountain Neighborhood District.
The City Council approves the proposed Comprehensive Plan Map Amendment to "North Mountain
Neighborhood Plan" and rezone of the sites consistent with that Comprehensive Plan Map Amendment to
NM-MF. The Council further adopts the Planning Commission's Findings, Conclusions, Orders and
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June 5, 2018 City Council Findings
Page 11
I
J
Recommendations dated February 13, 2018 approving the Outline Plan, Site Design Review, Tree
Removal and Exceptions to Street Standards components of Planning Action 42017-02129 in their entirety
as Exhibit A of these findings.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal
for Comprehensive Plan Map Amendment, Zone Change, Outline Plan approval, Site Design Review
approval for a 20-lot, 23-unit Performance Standards Option subdivision, and Tree Removal Permit is
supported by evidence contained within the whole record.
For the Council, it is clear that the extension of city facilities to the area, adoption of the North Mountain
Neighborhood Plan, and subsequent development of the Meadowbrook Park II subdivision immediately
to the south represent a change in circumstances since the current zoning was established in the 1970's
which supports the requested Plan Amendment and Zone Change, but for the Council the compelling
changes in circumstance which necessitate the requested Plan Amendment and Zone Change are the well-
documented housing shortage around the lack of rental and ownership units that are affordable to a broad
spectrum of the community and the city's commitment through the Regional Problem Solving (RPS)
process to accommodate anticipated growth with more efficient land use inside existing city boundaries.
The extension of public facilities to support more dense development than was possible when the current
zoning was established nearly 50 years ago sets the table for more efficient land use now, and given the
current need for more housing, the City Council approves the requested Comprehensive Plan Amendment
and Zone Change.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, the City Council approves the requested Comprehensive Plan Map Amendment and Zone Change
and further adopts the Planning Commission's Findings, Conclusions, Orders and Recommendations dated
February 13, 2018 approving the Outline Plan, Site Design Review, Tree Removal and Exception to Street
Standards components of Planning Action #2017-01059 in their entirety as Exhibit A of these findings.
Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then
Planning Action 42017-01059 is denied. The following are the conditions and they are attached to the
approval:
1. That proposals of the applicant shall be conditions of approval unless otherwise modified herein.
2. That any new addresses or street names shall be assigned by City of Ashland Engineering
Department.
3. That permits shall be obtained from the Ashland Public Works Department prior to any work in
the public right of way.
4. That tree protection fencing and other tree preservation measures shall be installed according to
the approved plan, inspected and approved by the Staff Advisor prior to any site work including
demolition, staging, storage of materials or issuance of any permits. The tree protection shall be
chain link fencing six feet tall and installed in accordance with 18.4.5.030.C. and no construction
shall occur within the tree protection zone including dumping or storage of materials such as
building supplies, soil, waste, equipment, or parked vehicles. The final Tree Protection Plan shall
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June 5, 2018 City Council Findings
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incorporate the following requirements: 1) That all native species such as the Oaks to be removed
shall be mitigated on a one-for-one basis with at least 2%-inch caliper trees of a comparable variety
(i.e. one that will attain a similar size to the tree being removed at maturity); 2) That conifers to be
removed such as the Juniper & Ponderosa Pine shall be mitigated on a one-for-one basis with
conifers of a comparable variety, and that are at least six- to eight-feet tall at the time of planting;
and 3) That the applicants shall not pave the driveway on the lower/western-most units (i.e. Tax
Lot 41100) past the garage in order minimize the development impacts and benefit Trees #16 and
#17.
5. That the applicants shall obtain necessary Demolition and Relocation Review Permits from the
Building Division prior to the demolition of any buildings over 500 square feet as required in AMC
15.04, if deemed necessary by the Building Official.
6. The requirements of the Ashland Fire Department, including approved addressing, fire apparatus
access and approach, fire flow, hydrant distance and clearance, and fire sprinklers where
applicable, shall be complied with prior to issuance of the building permit or the use of combustible
materials. Fire Department requirements shall be included on the engineered construction
documents. If a fire protection vault is required, the vault shall not be located in the sidewalk
corridor.
7. That prior to the Comprehensive Plan Map Amendment and Zone Change being formalized, the
applicants shall sign in favor of a Local Improvement District for the future improvements to East
Nevada Street including future bridge construction and street improvements, including but not
limited to bike lanes sidewalks, parkrow, curb, gutter and storm drainage, prior to signature of the
final survey plat. The agreement shall be signed and recorded concurrently with the final survey
plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or
assigns from exercising their rights to freedom of speech and expression by orally objecting or
participating in the LID hearing or to take advantage of any protection afforded any party by City
ordinances and resolutions.
8. That prior to Final Plan approval:
a. A revised plan to demonstrate that the open and recreation space requirements are met
illustrating all areas to be counted towards open and recreation space and their placement,
dimension and treatment, and shall include some form of pedestrian access (i.e. a path to a
gazebo or other sitting area) to provide access for fixture residents to the vista here.
Landscaped areas counted toward recreation space need to be placed and surfaced for
recreational use and not include thoroughfares for pedestrian circulation, and individual
patio, porch or deck areas need to have a minimum dimension of six feet in depth and eight
feet in width exclusive of circulation routes, door swing areas, etc. to accommodate
recreational use. Areas containing above-ground utility infrastructure such as transformers,
vaults and cabinets are not to be included as open/recreational space: Common area and
open space improvements (i.e. landscaping and irrigation, etc.) shall be installed according
to the approved plan, inspected and approved prior to signature of Final Survey Plat.
b. A phasing plan be provided which details the proposed phasing/timing of the development
with the final plan submittal.
C. Site Design Review approval for the final building designs shall be obtained concurrently
with Final Plan approval for each phase. Site Designs shall be generally consistent with
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June 5, 2018 City Council Findings
Page 13
that approved here, with the exception of final building designs.
i. The Site Design Review shall address the two units on the west side of Camelot
Drive which are at the corner of the alley and Camelot and have an 18-foot wide
driveway and a garage ten feet, rather than the required 15 feet, behind the fagade
of the units. The Site Design Review shall consider this both in terms of having a
garage where alley access is available to at least one of the units, and in having the
garage five feet closer to the fagade than allowed and shall either adjust the design
or request an Exception.
d. Final Plan and Site Design Review submittals which include the city-owned property (Tax
Lot #100) will need to include a tree inventory/protection plan and determination of
wetland presence for this property.
e. All requirements of the geo-technical expert's report, including that the geo-technical
expert reviews grading and building plans for compliance with recommendations and that
the geo-technical expert observes earthwork, foundation and drainage installation phases
of construction and provides a written report of these observations certifying that all
construction was consistent with recommendations shall be conditions of approval. The
final plan submittals shall include written verification from the project geo-technical expert
addressing the consistency of the grading and drainage plans with the report
recommendations, and shall include a detailed inspection schedule addressing needed
inspections and their timing associated with the project's development.
f. Final Site lighting details. Street lights shall be consistent with the city's residential street
lighting standard which calls for the "Eurotique" unless another lighting type is already
deployed in the neighborhood.
g. Final Trash enclosure placement and screening details.
h. Final lot coverage calculations demonstrating how lot coverage is to be allocated to comply
with the 75 percent lot coverage allowance in the NM-MF zoning district, including all
building footprints, driveways, parking, circulation areas and other proposed lot coverage.
i. The identification of all proposed easements for public and private utilities, fire apparatus
access, and reciprocal utility, maintenance, access and parking shall be indicated on the
Final Plan submittal for review by the Planning, Engineering, Building and Fire
Departments.
j. That a final utility plan shall be submitted for review and approval by the Planning,
Engineering, and Building Divisions with the Final Plan application. The utility plan shall
include the location of connections to all public facilities including the locations of water
lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric
services. The utility plan shall also address the issues raised by the Water Department
relative to cross connections and premises isolation due to the grade difference between
the water main in East Nevada Street and the residential units. The utility plan shall not
include the stubbing out of future services connection to serve the applicants' properties
outside the city limits/urban growth boundary.
k. That the location and final engineering for all storm drainage improvements associated
with the project, shall be submitted for review and approval by the Departments of Public
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June 5, 2018 City Council Findings
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Works, Planning and Building Divisions with the Final Plan application.
1. That the applicant shall submit an electric design and distribution plan including load
calculations and locations of all primary and secondary services including transformers,
cabinets and all other necessary equipment with the Final Plan application. This plan must
be reviewed and approved by the Electric Department prior to the signature of the final
survey plat. Transformers and cabinets shall be located in areas least visible from streets
and outside of vision clearance areas, while considering the access needs of the Electric
Department. Electric services shall be installed underground to serve all proposed units
prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond
may be posted for the full amount of underground service installation (with necessary
permits and connection fees paid) as an alternative to installation of service prior to
signature of the final survey plat. In either case, the electric service plan shall be reviewed
and approved by the Ashland Electric Department and Ashland Engineering Division prior
to installation.
m. That the engineered construction drawings for the proposed street improvements including
East Nevada Street, the extension of Camelot Drive, the extension of the proposed new
street (Franklin Street), and the intersection enhancements at Camelot Drive and East
Nevada Street shall be submitted for review and approval of the Ashland Planning and
Engineering Divisions with the Final Plan application, prior to work in the street rights-of-
way or installation of improvements in the pedestrian corridor.
L For the proposed 22-foot alley at the rear of the property, the alley shall be a private
facility rather than a public alley.
ii. For East Nevada Street, the section which is to sidewalks shall include the
minimum five-foot width, seven-foot park row planting strips (even where parking
bays are proposed) required for an Avenue in the North Mountain Neighborhood
Plan.
iii. For the Camelot Drive extension, a 15-foot queuing lane shall be provided with
seven-foot parking bays on one side, with eight-foot park rows and five-foot
sidewalks on both sides, and for the enhanced intersection treatment, revised
drawings shall be provided which address the ramp and crossing placement to better
align with ramps opposite so that the ramps are directly connected to those across
the street with the shortest, most direct routes possible in compliance with the
Americans with Disabilities Act (ADA).
iv. For the Franklin Street extension, a 15-foot queuing lane shall be provided with
seven-foot parking bays on one side, with seven-foot park rows and five-foot
sidewalks the west side.
n. Where necessary to accommodate city standard improvements or to align frontage
improvements, necessary additional right-of-way shall be dedicated to the city or
easements provided. All public improvements including but not limited to the sidewalk,
park row planting strips with irrigated street trees, and standard Eurotique residential street
lights shall be installed to City of Ashland standards under permit from the Public Works
Department and in accordance with the approved plan prior to signature of the final survey
plat.
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June 5, 2018 City Council Findings
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o. That CC&Rs for the Homeowner's Association shall be provided for review and approval
of the Staff Advisor with the Final Plan application. The CC&R's shall describe
responsibility for the maintenance of all common use-improvements including
landscaping, driveways and parking areas, planting strips, shared garage spaces and street
trees.
P. That all fencing shall be consistent with the provisions of the "Fences and Walls"
requirements in AMC 18.4.4.060. The draft CC&Rs shall include stipulations on height
limitations for front, side and rear yard, and shall note that fences adjacent to common open
space areas shall not exceed four feet. The location and height of fencing shall be identified
at the time of building permit submittals, and fence permits shall be obtained prior to
installation.
q. The approved Tree Protection Plan and accompanying standards for compliance shall be
noted in the CC&Rs. The CC&Rs must state that deviations from the plan shall be
considered a violation of the Planning Application approval and therefore subject to
penalties described in the Ashland Municipal Code.
9. That prior to the Comprehensive Plan Map Amendment and Zone Change being formalized, the
applicants shall sign and record a deed restriction on their parcels which requires that the
affordability requirements of AMC 18.5.8.050, with the exceptions to the requirements that the
affordable units be comprised of a comparable mix of unit types to the market rate units as
required in AMC 18.5.8.050.G.3.b), and that the affordable units not be distributed throughout the
project (as required in AMC 18.5.8.050.G.5), be addressed in a manner generally consistent with
that described in the current application for any future development of the property.
June 5, 2018
City Council Approval Date
John Stromberg, Mayor
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