HomeMy WebLinkAboutFindings for Title 18 and Title 9
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
September 4, 2018
In the Matter of Amendments to Title 18 Land Use and ) FINIDNGS OF
Title 9 Health and Sanitation of the Ashland Municipal ) FACTAND
Code Relating to the Wildfire Lands Map, Wildfire ) CONCLUSIONS OF
Development Standards, Fencing Requirements, Tree ) LAW
Removal Permit Requirements, and declaring Prohibited )
Flammable Plants as a Nuisance. )
PURPOSE:
In an effort to address the risk that wildfire poses to persons and property throughout the
community it is found to be reasonably necessary that the wildfire lands overlay
boundary, and the development standards for wildfire lands be modified to mitigate the
frequency, spread, acceleration, intensity, and size of fire involving buildings in the
community. Additionally modifications to screening, fencing, and tree removal permit
requirements are included in the ordinance amendments. The purpose of the ordinance
amendments are to 1) Expand the boundary of Ashland's designated Wildfire Lands
Overlay to incorporate the entire City; 2) Implement new standards for Fire Prevention
and Control Plans and fuels reduction associated with new development; 3) Amend the
tree removal permit requirements to address parcels with further development potential,
4) Limit the introduction of highly flammable plants in proximity of existing or proposed
structures. These purposes are addressed through the adoption of two ordinances and one
resolution.
The first ordinance amendments include modifications to Ashland Land Use Ordinance
Chapter 18.3.10.100 Development Standards for Wildfire Lands; 18.3.10.020 Physical
Constraints Review Permit, 18.3.10.040 Physical Constraints Review Application
Submission Requirements, 18.3.10.090 Development Standards for Hillside Lands;
18.4.3.080 Vehicle Area Design; 18.4.4 Landscaping, Lighting, and Screening; 18.5.1
General Procedures; 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria;
18.5.5 Variances; 18.5.7 Tree Removal Permits; 18.6 Definitions; and amends the official
Physical and Environmental Constraints Map to expand the boundary of Ashland's
designated Wildfire Lands Overlay to include all properties within the city limits and
urban growth boundary.
The second ordinance amends the Ashland Municipal Code Health and Sanitation
Chapter section 9.04 [Weeds and Noxious Vegetation] to declare prohibited flammable
plants as a nuisance within designated General Fuel Modification Areas. A corresponding
resolution establishes a list of prohibited flammable plants to be regulated within General
Findings of Fact and Conclusions of Law Page 1
Fuel Modification Areas.
PUBLIC HEARINGS:
An extensive public involvement process was undertaken to understand existing
conditions, to develop and refine the ordinances amending Chapter 18 and Chapter 9 of
the Ashland Municipal Code to address wildfire mitigation strategies. In total there have
been 15 public meetings and two public open houses over the course of four years where
the viewpoints of a variety of participants including the general public, property owners,
developers, and landscape professionals have informed the development of the
ordinances.
A Public Hearing was held at the Planning Commission on June 26th, 2018. The City
Council held public hearings on July 17, 2018 and August 21, 2018, and held a public
forum and study session on August 6th, 2018.
Newspaper notices were published in accordance with AMC 18.5.1.070.D.3 in the
Ashland Daily Tidings on June 4, 2018 prior to the June 26th Planning Commission
public hearing and the July 17th City Council public hearing, and an additional notice was
published on August 7, 2018 prior to the August 21" City Council public hearing and first
reading of the ordinances. Notice was also sent to the Oregon Department of Land
Conservation and Development on May 11, 2018.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A. Consistency with City of Ashland Requirements for Legislative Amendments in
AMC 18.5.9.020.13
B. Consistency with City of Ashland Comprehensive Plan and other applicable City
of Ashland Goals and Policies
C. Consistency with Oregon land use laws, regulations including Oregon Senate Bill
1051 and the Regional Plan
EVALUATION AND COUNCIL FINDINGS:
This legislative action includes proposed amendments to the Physical and Environmental
Constraints Map to expand the boundary of Ashland's designated Wildfire Lands to
incorporate the entire City; amendments to the Ashland Land Use Ordinance to
implement new standards for fire prevention and control plans and fuels reduction
associated with development; amendments to the Tree Removal permit requirements; and
a Resolution to establish a Prohibited Flammable Plant list and a municipal Code
amendment to declaration that such plants as a fire hazard.
Findings of Fact and Conclusions of Law Page 2
The Council finds that wildfire poses a risk to persons and property throughout the entire
community and therefore determined that the designated wildfire lands boundary, and the
development standards for wildfire lands, should be applied city wide to mitigate for the
potential adverse effects of wildfire.
A. Consistency with City of Ashland Requirements for Legislative Amendments in AMC
18.5.9.020.B.
B. Type III. 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 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.
AMC 18.5.9.020.B permits legislative amendments to meet changes in circumstances and
conditions. The City Council finds it is necessary to amend the Physical and
Environmental Constraints Map Wildfire Lands Overlay boundary that was established in
1992 as it presently does not incorporate all areas within the City that meet the criteria to
be considered a Wildfire Hazard Zone.
The City Council finds and determines that amendments to development standards for
wildfire lands, and regulation of landscape profiles for new construction, is necessary to
protect life, property and environmental resources in Ashland's suburban/wildland
interface area from the devastating effects of wildfire, and to lessen the possibility of
wildfire spreading to the Ashland watershed from the urban/wildland interface area.
Further the City Council finds that the implementation of this ordinance will assist in
preparing the City to be more resilient to climate change impacts, including wildfire.
The City Council finds and determines that all substantive issues raised regarding the
Wildfire Lands Overlay Map changes, Land Use Ordinance amendments (Chapter 18),
and amendments to the Weeds and Noxious Vegetation section of the Health and
Sanitation chapter of the Municipal Code (Chapter 9) were adequately addressed by City
staff in the numerous staff reports and staff responses, and other materials in the record,
Findings of Fact and Conclusions of Law Page 3
whether such responses were made orally at the public hearings or provided in written
form as set forth in the record. All staff reports, staff materials, and other staff responses
are hereby accepted by the City Council and are incorporated herein by this reference.
The Council finds and determines that the proposed Wildfire Lands Overlay Map
amendments, and amendments to the Ashland Land Use Ordinance and Municipal Code
are consistent with the requirements for Legislative Amendments in AMC 18.5.9.020.B.
B. Consistency with the Ashland Comprehensive Plan and other applicable City of
Ashland Goals and Policies
The ordinance amendments are consistent with the goals and policies in the Ashland
Comprehensive Plan. The Ashland Comprehensive Plan includes a goal to:
*'Protect life, property and environmental resources in Ashland's suburban/wildland
interface area from the devastating effects of wildfire. Lessen the possibility of
wildfire spreading to the Ashland watershed from the urban/wildland interface area"
(4.25 Wildfire Hazards).
The 2015-2017 Council Goals and Objectives also identified a goal to:
"Complete the expansion of the city's wildfire hazard zone to accurately reflect
risk (8.4) " and an objective to "Update the Wildfire Hazard Zone ordinance to
allow for Citywide application and schedule for Council consideration. "
The 2018 Draft Multi-Jurisdictional Natural Hazard Mitigation Plan [Ashland
Addendum] includes a goal to:
"Reduce the threat of loss of life and property from natural hazards by
incorporating information on known hazards and providing incentives to make
hazard mitigation planning a priority in land use policies and decisions, including
plan implementation "
The City of Ashland's 2017 Climate Energy Action Plan includes a goal and strategies to:
"Prepare the city's communities, systems, and resources to be more resilient to
climate change impacts"
"Support more climate-ready development and land use.
"Regulate new development in the Wildfire Lands Overlay part of the urban
growth boundary (Strategy ULT-4.)
The 2004 Ashland Community Wildfire Protection Plan includes a goal to:
"Write and adopt afire safe landscaping ordinance to regulate plantings around
new structures. "
The City of Ashland's 2014 Wildfire Hazard Zone Evaluation demonstrated that the
Wildfire Lands overlay boundary established in 1997 does not incorporate all areas
within the City that meet the criteria to be considered a Wildfire Hazard Zone as set forth
by OAR Chapter 629, Division 044, and found that expansion of the Wildfire Lands
Findings of Fact and Conclusions of Law Page 4
boundary to include all properties in the existing City Limits, and the Urban Growth
Boundary in anticipation of future annexations, was warranted.
C. Consistency with Oregon land use laws and regulations including specifically Oregon
Statewide Planning Goal 7
Statewide Planning Goal 7 requires cities to protect people and property from natural
hazards. The amendments to the Ashland Land Use Ordinance regarding mitigating
wildfire hazards through reduction of fuels in immediate proximity of new structures
addresses this goal. Additionally the establishment of a General Fuel Modification Area
Prohibited Plant List as proposed, will ensure that highly flammable species are not
newly introduced within areas that pose the greatest risk of spreading wildfire to
structures within the City. The Council finds and determines that the proposed ordinances
amending Chapter 18 and Chapter 9 of the Ashland Municipal Code will further the
objectives of Statewide Planning Goal 7.
Based on the information contained within this report and facts and findings in support of
the proposed map and ordinance amendments the City has conducted the planning
process in compliance with Ashland's adopted review procedures (Ashland Land Use
Ordinance Chapter 18.5.9) and in compliance with statewide planning goal 1.
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein and the detailed findings and
analysis of the Planning Commission, together with all staff reports, addenda and
supporting materials in the whole record. Specifically, the Council finds that the
ordinance amendments are consistent with City of Ashland requirements for Legislative
Amendments in AMC 18.5.9.020.13. The Council finds that the amendments are
consistent with and implement applicable Ashland Comprehensive Plan Goals and
Policies and other City of Ashland Goals and Policies. The Council finds and determines
that the amendments are consistent Oregon land use laws and regulations..
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to the AMC Title 18 Land Use as reflected in
an ordinance amending chapters 18.3.10, 18.4.3.080, 18.4.4, 18.5.1, 18.5.3.060,
18.5.5.020, 18.5.7and 18.6.1 of the Ashland Land Use Ordinance relating to wildfire
development standards; physical constraints review permits; parking and circulation
vehicle area design; landscaping, lighting and screening; land divisions and property line
adjustments: and tree removal permits.
Findings of Fact and Conclusions of Law Page 5
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the amendments to the AMC Title 9.04 to declare Prohibited Flammable
Plants a Nuisance.
Ashland City Council Approval
1
Jo tromberg, Mayor Date
Signature authorized and approved by the full Council this 4th day of September, 2018.
Attest:
Melissa Huhtala, City Recorder Date
Approved as to form:
David Lohman, Ashl nd City Attorney D to
Findings of Fact and Conclusions of Law Page 6