HomeMy WebLinkAbout2024-04-09 Planning PACKET
Planning CommissionAgenda
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April 9, 2024
REGULAR MEETING
AGENDA
I.
CALL TO ORDER: 7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
III.CONSENT AGENDA
1.Approval of Minutes
a.February 27, 2024 Study Session
b.March 12, 2024 Regular Meeting
c.March 26, 2024 Study Session
IV.PUBLIC FORUM
Note: To speak to an agenda item in person you must fill out a speaker request form at the meeting and will
then be recognized by the Chair to provide your public testimony. Written testimony can be submitted in
advance or in person at the meeting. If you wish to discuss an agenda item electronically, please contact
PC-publictestimony@ashland.or.us by April 9, 2024 to register to participate via Zoom. If you are interested
in watching the meeting via Zoom, please utilize the following link: https://zoom.us/j/97460787152
V.UNFINISHED BUSINESS
A. Approval of Findings for PA-T2-2024-00046
VI.TYPE II PUBLIC HEARING
A. PLANNING ACTION: PA-T2-2024-00047
SUBJECT PROPERTY: 452 Williamson Way
OWNER/APPLICANT: Rogue Planning & Development Services for DeBoer
DESCRIPTION: An application is for a four-lot subdivision to allow for the
construction of four residential dwelling units. There are four units proposed in two attached
wall groups. The proposed residences would be deed restricted affordable housing units
for ownership to families with incomes of less than 80% of the area median income. This
use of the Employment Zoned property as deed restricted affordable housing is allowed
without a zone change per Oregon Revised Statutes (ORS) 197.308. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 04 DC, TAX LOT: 3630
VII.OPEN DISCUSSION
VIII.ADJOURNMENT
Next Scheduled Meeting Date: April 23, 2024 Study Session
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Planning CommissionMinutes
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
February 27, 2024
STUDY SESSION
DRAFT Minutes
I.CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E.
Main Street. Councilor Hyatt attended the meeting virtually via Zoom.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Doug Knauer Derek Severson, Planning Manager
Kerry KenCairn Michael Sullivan, Executive Assistant
Russell Phillips
Susan MacCracken Jain
Gregory Perkinson
Eric Herron
Absent Members: Council Liaison:
Paula Hyatt
II.ANNOUNCEMENTS
Community Development Director Brandon Goldman made the following announcement:
Commissioner MacCracken Jain is now also a member of the City’s Public Arts Advisory
Committee.
III.PUBLIC FORUM – None
IV.TYPE III PUBLIC HEARING
A.Housing Element / Housing Needs Analysis / Housing Production Strategy
Mr. Goldman outlined the core aspects of the Housing Element of the City’s Comprehensive Plan, the
2021 Housing Capacity Analysis (HCA), and the 2023 Housing Production Strategy (HPS). He related
how the Housing Element guides legislative development and spending priorities to address the
community’s housing needs, while its goals and policies are designed to foster a diverse and
sustainable housing market, ensuring affordability and inclusivity to meet the evolving needs of the
City.
Page 1 of 3
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Planning CommissionMinutes
Mr. Goldman detailed the scope of the HCA, which included an assessment of the City’s housing
needs, its buildable land inventory, and identified various strategies to ensure that the City has an
adequate land supply to accommodate its housing needs over the next 20 years. The HCA projected
that the City would gain 858 new dwelling units between 2021 and 2041.
Mr. Goldman described how the HPS was initiated to assess the City’s housing inventory and to
identify various strategies the City could undertake to increase needed housing. In doing so, the HPS
identified four main strategies the City could implement; 1) encouraging development of low- and
moderate-income affordable rental housing; 2) increasing opportunities for affordable
homeownership; 3) encouraging development of income-restricted affordable housing units; and 4)
preserving the existence of low- and moderate-income affordable housing. Mr. Goldman briefly
outlined the specific actions that could be taken to achieve these goals, as well as their
implementation timeline over the next several years (see attachment #1).
DISCUSSION
The Commission discussed available housing and various strategies to increase housing in the City,
including guidelines allowing building height increases in CFAs, strategies to incentivize
development in the City, and nearby areas that could be annexed into the City in the future.
Councilor Hyatt noted that some residents outside the city-limits had entered into irrevocable
consent to annexation agreements when they are connected to City facilities.
The Commission discussed the importance of attracting middle-income residents while still
providing necessary affordable housing. Commissioner Knauer commented that disincentivizing
unwanted development could be important to encourage higher-density housing developments
instead of larger single-family homes that require exceptions or variances to be approved. The
Commission discussed building and environmental considerations with regards to wildfire
protection.
V.OPEN DISCUSSION
Chair Verner asked if any members of the Commission were interested in assisting staff with any
long-range items on the Community Development Work Plan for 2024. Commissioner KenCairn
asked how staff would be handing the potential implementation of a manufactured-home park
zone and how the Commission could assist with that project. Mr. Goldman responded that the City
had applied for a grant for technical assistance from the Department of Land Conservation and
Development (DLCD), and that staff was in the process of developing an implementation timeline. He
added that Commissioner KenCairn and Chair Verner had provided valuable insight during the
Page 2 of 3
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Planning CommissionMinutes
development of the HPS as members of the advisory committee. Commissioner KenCairn expressed
interest in assisting with the development of a manufactured-home park zone.
Commissioner Knauer noted that he had offered to assist with the upcoming Economic Opportunity
Analysis (EOA) project. Mr. Goldman commented that staff is expecting to receive a contract from
the DLCD regarding the City’s proposed scope of work for the EOA within the next week.
VI.ADJOURNMENT
Meeting adjourned at 8:35 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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Housing Planning in Ashland
Planning Commission
2/27/2024
Ashland Housing
Housing Element
Goals and Policies
Housing Capacity Analysis
Need and availability
Housing Production Strategy
Strategic Actions
2
Total Page Number: 6
Housing Element
Overview of the Housing
Element's purpose and
significance
Overview of goals and
policies: diversity, affordability,
sustainability, and effective
planning
3
Housing Element
Overview of the Housing Element's purpose and significance
The Housing Element of Ashland's Comprehensive Plan, adopted in June
2019, is instrumental in guiding the city's housing strategies, offering a
comprehensive approach to diversify housing, ensure affordability, and
integrate sustainability.
The Housing Element influences legislative development and shapes
spending priorities to address the community's housing needs. The
Comprehensive Plan guides development of local land use ordinances
and actions that must align with the comprehensive plan's policies and
objectives, ensuring a coherent approach to housing development and
community planning.
The Housing Element does not function as an independent approval
criterion for planning actions.
4
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Housing Element
Overview of the Housing ElementϽs Goals and Policies
The goals and policies outlined in the Housing Element are designed to
foster a diverse and sustainable housing market, ensuring affordability
and inclusivity to meet the evolving needs of the Ashland community.
5
Goal 1
Housing Element
Goal 1:
Ensure a range of different dwelling types that provide living opportunities
for the total cross section of AshlandϽs population. (9 Policies)
Policy 1: Provide for a mix of housing types that are attractive and affordable to a diversity of ages,
incomes, household sizes, and household types.
Policy 2: Support accessible design and housing strategies that provide housing options for seniors and
for disabled persons.
Policy 3: Integrate housing with other compatible land uses through flexible zoning provisions.
Policy 4: Housing opportunities should be available to all residents without discrimination and consistent
with local, state, and federally recognized protected classes under fair housing law.
Policy 5: Zone sufficient land at densities to accommodate an adequate supply of housing by type and
cost to meet population growth and projected housing needs.
6
Total Page Number: 8
Goal 1
Housing Element
Goal 1:
Ensure a range of different dwelling types that provide living opportunities
for the total cross section of AshlandϽs population. (9 Policies)
Policy 6ˊ ˠ̂˿˽˿̄˵ ˽˵̄˸˿˴̃ ̄˿ ̅̃˵ ˿̂ ˱˴˱̀̄ ̄˸˵ ˓˹̄̉Ͻ̃ ˵̈˹̃ting housing stock to provide needed housing
types.
Policy 7: ˠ̂˿̄˵˳̄ ˑ̃˸˼˱˾˴Ͻ̃ ˸˹̃̄˿̂˹˳ ˾˵˹˷˸˲˿̂˸˿˿˴̃ ̄˸rough programs and efforts that promote
preservation, rehabilitation, and the use of limited design review to maintain the quality of
neighborhoods.
Policy 8: Use design standards to promote neighborhood compatibility and maintain consistency with the
character of the surrounding built environment.
Policy 9: Support the retention and development of rental housing.
7
Goal 2
Housing Element
Goal 2:
Support the creation and preservation of housing that is affordable to low
and moderate income households and that is commensurate with the incomes of
AshlandϽs workforce.(8 Policies)
Policy 10: Encourage the preservation of affordable housing, including housing that is subject to a term of
affordability, to avoid the net loss of safe, healthy, affordable housing.
Policy 11: ˥̄˹˼˹̊˵ ˑ̃˸˼˱˾˴Ͻ̃ ˘˿̅̃˹˾˷ ˤ̂̅̃̄ ˖̅nd and other financial incentives to encourage the creation and
retention of housing for homeownership or rent at a cost that will enable low and moderate
income families to afford quality housing.
Policy 12: Cooperate with for-profit and non-profit affordable housing providers in locating low and
moderate income units in Ashland.
Policy 13: Work in partnership among various levels of government, public agencies, and non-profit
organizations to address homeless and low-income housing needs.
8
Total Page Number: 9
Goal 2
Housing Element
Goal 2:
Support the creation and preservation of housing that is affordable to low
and moderate income households and that is commensurate with the incomes of
AshlandϽs workforce.(8 Policies)
Policy 14: Provide for minimal off-street parking requirements in locations where it is demonstrated that
car ownership rates are low for resident populations in order to help reduce housing costs and
increase affordability and where the impact on neighborhoods allow.
Policy 15: Consider prioritizing permitting processes for affordable housing developments, multifamily
rental housing, and other needed housing types as documented in the Housing Needs Analysis.
Policy 16: Discourage demolition and conversion of needed housing types as identified by the Housing
Needs Analysis.
Policy 17: Evaluate the cost of public infrastructure in relation to the impact on the cost of housing.
9
Goal 3
Housing Element
Goal 3:
Encourage the development of housing in ways that protect the natural
environment and encourage development patterns that reduce the effects of
climate change. (4 Policies)
Policy 18: Development standards shall be used to fit development to topography, generally following the
concept that density should decrease on physically and environmentally constrained lands.
Policy 19: Promote infill and compact development patterns to encourage housing affordability, maximize
existing land resources, and conserve habitat and environmentally sensitive areas.
Policy 20: Promote building and site design that supports energy efficiency, renewable energy generation,
and water conservation in new residential developments.
Policy 21: Ensure that city housing efficiency policies, programs and standards support the
implementation strategies and actions described in the Ashland Climate and Energy Action Plan.
10
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Goal 4
Housing Element
Goal 4:
Forecast and plan for changing housing needs over time in relation to land
supply and housing production. (4 Policies)
Policy 22: Maintain a data base that includes, measurement of the amount of vacant land and land
consumption, housing conditions, land use, land values, and any other pertinent information.
Policy 23: Encourage development of vacant land within the City Limits, while looking to the lands within
the Urban Growth Boundary to provide sufficient land for future housing needs.
Policy 24: Coordinate growth management planning with other jurisdictions in the region to
accommodate expected residential growth and anticipated demand for different types of
housing.
Policy 25: Strive to minimize the time taken to process land use and building permits so that the intent of
state and local laws is fulfilled with the greatest possible thoroughness and effectiveness.
11
Housing Capacity Analysis
Adopted in 2021
The Housing Capacity Analysis (HCA)
includes an assessment of housing needs,
residential land supply, and identifies a
variety of strategies and actions for
accommodating needed housing.
The primary purpose of the HCA is to
ensure that Ashland has an available land
supply sufficient to accommodate our
̀˿̀̅˼˱̄˹˿˾Ͻ̃ ˸˿̅̃˹˾˷ ˾˵˵˴̃ ˿̆˵̂ ̄˸˵ ˾˵̈̄
20 years.
12
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Housing Capacity Analysis
The key findings of the AshlandϽs Housing Capacity Analysis are that:
AshlandϽs population is forecast to grow at a similar pace as in the past. Ashland UGB
is forecast to grow from 21,936 people in 2021 to 23,627 people in 2041, an increase of
1,691 people. This population growth will occur at an average annual growth rate of
0.37%.
Ashland is planning for 858 new dwelling units. The growth of 1,691 people will result in
demand for 858 new dwelling units over the 20-year planning period, averaging 43
new dwelling units annually.
Ashland has enough land to accommodate its housing forecast between 2021 and
2041. Ashland can accommodate growth (858 dwelling units) over the next 20-years
with a surplus of capacity remaining.
13
Housing Capacity Analysis
The key findings of the AshlandϽs Housing Capacity Analysis are that:
Ashland has unmet needs for affordable housing. ˑ˲˿̅̄ ˆ˃ʵ ˿˶ ˑ̃˸˼˱˾˴Ͻ̃ ˸˿̅̃˵˸˿˼˴̃
that rent are cost burdened (with 35% severely ˳˿̃̄ ˲̅̂˴˵˾˵˴ʹ ˱˾˴ ˃ˁʵ ˿˶ ˑ̃˸˼˱˾˴Ͻ̃
households that own their own home are cost burdened. Ashland has unmet housing
needs for households with extremely-low and very-low-income households, as well as
households with low- and middle-income.
Over the 2021 to 2041 period, Ashland will need to plan for more multifamily dwelling
units in the future to meet the CityϽs housing needs. ˘˹̃̄˿̂˹˳˱˼˼̉ʼ ˱˲˿̅̄ ˆˆʵ ˿˶ ˑ̃˸˼˱˾˴Ͻ̃
housing was single-family detached. While 35% of new housing in Ashland is forecast
to be single-family detached, the City will need to provide opportunities for
development of new single-family attached (10% of new housing); duplex, triplex, and
quadplex housing (10% of new housing); and multifamily units (35% of new housing).
14
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Housing Capacity Analysis
The key findings of the AshlandϽs Housing Capacity Analysis are that:
Ashland has capacity for development of
2,754 dwelling units within the UGB under
current policies, with much (36%) of the
current capacity within Low Density
Residential Plan Designations.
About 1,299 dwelling units of this total
capacity (47%) will be between the city
limits and UGB, and will require annexation
before development occurs.
15
Housing Production Strategy
Adopted 2023
Encourage development of low- and moderate-income
affordable rental housing.
This initiative seeks to increase the
housing options for unregulated rental households earning
between 60% and 120% of MFI ($43,900 to $87,700).
Increase opportunities for affordable homeownership.
This
initiative seeks to increase the housing options for homeownership
for households earning less 120% of MFI (less than $87,700).
Encourage development of income-restricted affordable
housing units.
There are limited options available in Ashland that
are affordable to households with income of less than 60% of MFI
($43,900). This initiative supports development of housing
affordable in this income group.
Preserve existing of low- and moderate-income affordable
housing.
This initiative seeks to increase the housing options for
households earning less than 120% of MFI (less than $87,700).
16
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Housing Production Strategy
Adopted 2023
ˑ̃˸˼˱˾˴Ͻ̃ ˘˿̅̃˹˾˷ ˓˱̀˱˳˹̄̉
Analysis projected that the City
would grow by 858 new dwelling
units between 2021 and 2041.
These dwelling units will need to be
available at a variety of income
levels. Assuming future residents of
Ashland have an income
distribution that is the same as
existing residents, about a third of
new housing will need to be for
those with very low or extremely
low incomes (below 50% MFI).
˕̈˸˹˲˹̄ ˁˁʾ ˑ̃˸˼˱˾˴Ͻ̃ ˖̅̄̅̂˵ ˘˿̅̃˵˸˿˼˴̃ ˲̉ ˙˾˳˿˽˵ʼ ˂ˀ˂ˁ ̄˿ ˂ˀ˄ˁ
Source: U.S. Census Bureau, 2015-2019 ACS 5-year estimate, Table B19001, U.S.
˔˵̀˱̂̄˽˵˾̄ ˿˶ ˘˥˔ ˂ˀ˂ˁ ˝˖˙ʼ ˱˾˴ ˠˣ˥Ͻ̃ ˠ˿̀̅˼˱̄˹˿˾ ˖˿̂˵˳˱̃̄ʼ ˂ˀ˂ˁ ̄˿ ˂ˀ˄ˁ ˱̃ ˶˿̅˾˴ ˹˾
ˑ̃˸˼˱˾˴Ͻ̃ ˘˿̅̃˹˾˷ ˞˵˵˴̃ ˑ˾˱˼̉̃˹̃ʾ
Note: Median Family Income (MFI) is estimated for a household of 4.
17
Housing Production Strategy
18
18
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Housing Production Strategy
191
9
Total Page Number: 15
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Planning CommissionMinutes
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
March 12, 2024
REGULAR MEETING
DRAFT Minutes
I.CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E.
Main Street.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Doug Knauer Derek Severson, Planning Manager
Kerry KenCairn Aaron Anderson, Senior Planner
Eric Herron Michael Sullivan, Executive Assistant
Russell Phillips
Gregory Perkinson
Susan MacCracken Jain
Absent Members: Council Liaison:
Paula Hyatt
II.ANNOUNCEMENTS
Chair Verner announced that she received an email from the Oregon Ethics Committee and advised
all Commissioners to register as members of the Planning Commission.
Community Development Director Brandon Goldman made the following announcements:
The Oregon state legislature passed Senate Bill 1537 which will now to the governor's office to
be signed. SB 1537 contains numerous housing provisions, such as the ability for applicants to
request exceptions to existing standards that cities are required to approve in order to
promote the creation of additional housing. It also contains a provision that would grant
opportunities for cities of Ashland’s size to expand their Urban Growth Boundary into urban
reserve areas by up to 50 acres, provided that at least 30% any new housing units created as
a result are affordable housing.
The Historic Preservation Advisory Committee will be holding its annual award ceremony on
May 18, 2024 at Railroad Park from 10:00am – 2:00pm. It will include tours and a ribbon cutting
ceremony for the Marking Ashland Places (MAP) project.
The audio/visual equipment in the Civic Center Council Chambers is being replaced in the
last week of March. The March 26, 2024 Study Session will be held in an alternate location.
The March 26, 2024 Study Session will examine the scope of work for Climate Friendly Areas
(CFAs), as well as a closer review of SB 1537.
Page 1 of 7
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planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
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Total Page Number: 17
Planning CommissionMinutes
All Commissioners whose terms expire on April 31, 2024 and wish to continue serving on the
Commission should contact the City Recorders Office for reappointment. The Commission will
also hold Elections of Officers at its May 14, 2024 Regular Meeting.
III.CONSENT AGENDA
1.Approval of Minutes
a.February 13, 2024 Regular Meeting
Commissioners Knauer/KenCairn m/s to approve the consent agenda as presented. Voice Vote:
All AYES. Motion passed 7-0.
IV.PUBLIC FORUM – None
V.TYPE II PUBLIC HEARING
A. PLANNING ACTION: PA-T2-2024-00046
SUBJECT PROPERTY: 210 Alicia Ave
APPLICANT: Rogue Planning & Development Services
OWNER: Adderson Construction Inc.
DESCRIPTION: A request for Outline and Final Plan approval for a five-lot
Performance Standards Subdivision (4 residential lots, 1 common area) for the property
located at 210 Alicia Ave. The application also includes requests for: a Variance to allow
a private driveway to serve four units (AMC 18.4.6.040.C.1) where dedication of a public
street is typically required. The application also includes an Exception to Street
Standards due to the existing unimproved street. The application also includes the
request to remove a single 20” plum tree along the western side of the property as it is
in conflict with the proposed driveway. COMPREHENSIVE PLAN DESIGNATION: Single
Family Residential; ZONING: R-1-5; ASSESSOR’S MAP: 39 1E 04 DB; TAX LOT: 1700
Ex Parte Contact
All Commissioners except for Commissioner Herron conducted a scheduled site visit on March 11,
2024. Commissioner Knauer conducted an additional site visit. No ex parte contact was declared.
Staff Presentation
Senior Planner Aaron Anderson began by outlining the application, which includes a request for
Outline and Final Plan approval, as well as an Exception to Street Standards and a Variance to the
number of lots accessed by a private drive and relief from street dedication. Mr. Anderson briefly
described the development history of the neighborhood and explained that this project would be
Page 2 of 7
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Planning CommissionMinutes
processed as a Performance Standard Subdivision (see attachment #1).
Mr. Anderson stated that the applicant’s findings addressed the following eight main approval
criteria, with staff primarily focusing on the 3 and 7 criterion:
rdth
1) The development meets all applicable ordinance requirements of the City.
2) Adequate key City facilities can be provided including water, sewer, paved access.
3) The natural features, such as wetlands, large trees, are included in unbuildable areas.
4) The development of the land will not prevent adjacent land from being developed.
5) There are adequate provisions for the maintenance of common open space.
6) The proposed density meets the base and bonus density standards.
7) The development complies with the street standards.
8) The proposed development meets the common open space standards.
Regarding the 3 criterion, he explained that it was staff’s determination that the wetland was not
rd
subject to the regulations under Ashland Municipal Code (AMC) 18.3.11, and that the two 20-inch
willows cited in the application’s site plan were not found when staff conducted a site visit. Mr.
Anderson mentioned that the applicant would likely argue that AMC defines “significant trees” but
does not define “large trees”, but that staff had recommended a condition of approval that the
building envelope for lot #2 be modified so that those trees identified would not be in the buildable
area.
Regarding the 7 criterion, Mr. Anderson noted that the application proposed a total right-of-way
th
(ROW) width of 47ft, with City standard’s ranging from 50-55ft. Mr. Anderson explained that a
subdivision of four lots or greater would require a street dedication and that the applicants were
requesting a variance for the proposed four lots to instead be accessed by a single private drive. The
application also included a request for an exception to street standards to not require the
installation of two short sidewalks given the width of the proposed street and lack of connectivity to
any existing sidewalks. Staff concluded that both the exception and variance request were
reasonable.
Mr. Anderson noted that the application also requested the removal of a shed and plum tree from
the site, the latter of which was supported by a recommendation from the Tree Management
Advisory Committee.
Staff recommended that the application be approved with the conditions outlined in the staff report.
Questions of Staff
Chair Verner asked if staff located any 20-inch trees like those cited in the application. Mr. Anderson
responded that staff did not find any 20-inch trees where they were shown on the site plan, and
advised that the Commission request further information from the applicant. Commissioner
Page 3 of 7
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planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
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Total Page Number: 19
Planning CommissionMinutes
KenCairn stated that she identified two deceased cottonwood trees, and that the walnut tree
identified in the application was near the property line and would therefore not impact the
development.
Commissioner Knauer requested clarification over the status and proposed location of an existing
easement on the property. Mr. Anderson responded that a court maintained easement information
rather than the City, and suggested that the Commission direct that inquiry towards the applicant.
Commissioner Knauer noted that the private driveway would be dedicated as a fire-apparatus
access point and requested clarification over this designation. Mr. Anderson responded that all
easements are dedicated areas for City use, and that this space would be used as a fire-apparatus
turnaround point.
Applicant’s Presentation
Amy Gunter of Rogue Planning & Development Services began by reminding the Commission that
this property was granted approval for a 12 unit, 13 lot cottage housing development which utilized
the same driveway configuration and same street exceptions in 2020 (see attachment #2).
Ms. Gunter reiterated the applicant’s request for the project, emphasizing that the tree removal was
only for the 20-inch plum tree as all other trees on the property are under the regulatory sizes found
in the City’s Land Development Ordinance. She stated that there would be limited vehicular traffic
generated by the four lots proposed, nor would it substantially effect the neighborhood street
patterns of Alicia Avenue and Sylvia Street. Ms. Gunter explained that the proposed driveway would
include a screening fence along the property line, as well as four on-street parking spaces.
Ms. Gunter stated that each lot exceeded the minimum density requirements for the zone, complied
with minimum north-south lot dimensions for the solar access ordinance, and had substantial
buildable areas within the building envelopes. She noted that the easement which crosses the
property is non-descriptive, is only used for the transportation of irrigation waters, and that the
adjacent property owner had agreed to relocate this easement. Ms. Gunter explained that lot #5
would effectively be used as an easement area for the driveways, parking areas, and utilities that
extend from Alicia Avenue to the property.
Regarding the requested variance, Ms. Gunter stated that there a several reasons that the street
would be unable to connect to adjacent properties to the east, west, or south. She added that the
City’s Public Works Department had not shown interest in only four lots being developed on a fully
public street that resulted in a dead-end.
Ms. Gunter stated that the performance Standards for a Subdivision required that significant
features be included in the open space, common areas, and unbuildable areas. She contended that
Page 4 of 7
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Planning CommissionMinutes
the only natural feature that met this criterion was the 20-inch plum tree identified above. Ms. Gunter
stated that manually controlled irrigation water created this artificial wetland, which would move
when the irrigation water is relocated. She pointed out that the 20-inch willows identified on the site
plan are actually clusters of smaller trees, and therefore are not protected from removal.
Ms. Gunter concluded by stating that the variance and exception requests were generated due to
conditions beyond the property owner’s control, such as the existing layout, existing development
patterns, existing frontage, and that the proposal represents the minimum necessary for such a
development to be achieved. She outlined how the proposal conformed to City standards with the
exclusion of the exception to Street Standards to not provide 18ft of street improvements and the
variance to public street dedication, which are necessary for development.
Questions of the Applicant
Commissioner KenCairn asked how wide the proposed driveway would be. Ms. Gunter responded
that it would be 27ft wide. Commissioner KenCairn expressed concern about the lack of a landscape
buffer along the driveway and suggested that a condition of approval be added to ensure the
installation of one. Ms. Gunter noted that there would be a natural landscaping buffer due to the
location of utilities.
Mr. Goldman commented that the state recently changed parking standards as part of the Climate
Friendly and Equitable Communities (CFEC) guidelines. If the Commission determined that this
project did not create a public street then the applicant would not need to provide the four on-street
parking spaces proposed. Commissioner MacCracken Jain asked how wide the street would be if
parking was provided on both sides of the street. Ms. Gunter responded that the street would be 7ft
wide, but that those parking spaces are not required. Commissioner Perkinson suggested that the
on-street parking be removed and replaced with a buffer.
Commissioner Knauer asked how stormwater would be managed. Ms. Gunter responded that each
property would have its own rain garden features and that an engineering system would be installed
to process stormwater. Ms. Gunter added that this engineering system had previously been
approved by the City and utilized by past subdivisions.
Commissioner Knauer expressed concern over the proximity of pedestrians to the street and
suggested that raised pedestrian access to the site be considered. He emphasized the need for
raised pedestrian access to the property, particularly as the City further promotes developments
with alternative transportation methods. Ms. Gunter noted that there would be approximately 5ft of
gravel space along the driveway, as well as 15ft setbacks on the lots themselves that would provide
a natural space for pedestrian access.
Chair Verner closed the Public Hearing and Public Record at 8:06pm.
Page 5 of 7
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Planning CommissionMinutes
Deliberation and Decision
The Commission discussed the lack of dedicated pedestrian access along the driveway. Chair
Verner suggested that the Commission add a condition to require the installation of a 6.5ft
landscape strip with a 6-inch curb on the western side of the driveway adjacent to the existing
home. This would result in a 20ft-wide driveway area.
Commissioner Knauer stated that this project should not be designed only for car-access, and the
Commission generally agreed. Commissioner KenCairn pointed out that most sections of the code
would require the installation of a buffer for a development like the one proposed.
Commissioners Perkinson/MacCracken Jain m/s to accept staff’s recommendations with the
following revisions: 1) the removal of condition #2; 2) a condition of approval be added that
specifies removal of the parking along the western side of the property; and 3) in lieu a 6.5ft buffer
and 6in curb be installed. DISCUSSION: Commissioner Knauer remarked that the Commission
should not design this project for the applicant, but that it could provide guidelines. Commissioner
Herron inquired if it would be appropriate for the Commission to require something be added to an
application that was not already requested. Commissioner KenCairn responded that it would be.
Commissioner Knauer posited whether the applicant should be required to install two new trees to
replace the plum tree being removed. Commissioner KenCairn responded that the proposal is not
for a new City street, so new street trees would not be required, and that future owners would likely
plant new trees on their lots voluntarily. The Commission discussed whether to require the addition of
safe pedestrian access. Commissioner MacCracken Jain pointed out that Alicia Avenue is not a
pedestrian-friendly street and that this new subdivision would not generate significantly more foot-
traffic.
Amendment #1: Commissioners Knauer/Herron m/s to amend the motion such that the private
drive shall include space on the east or west side designed to provide safe pedestrian access to
Alicia Avenue.
Amendment #2: Commissioners KenCairn/MacCracken Jain m/s to require that the landscape
buffer include the mitigation trees that are required for the project. DISCUSSION: Chair Verner
asked if the number of trees should be specified. Commissioner KenCairn responded that the
number should not be specified, stating that at least one mitigation tree is already required for this
project. Commissioner Perkinson pointed out that mitigation trees in the landscape buffer could limit
fire access to the subdivision. Commissioner KenCairn cautioned that the landscape buffer could be
left unmaintained if its condition is not specified and unenforced. Amendment #2 is withdrawn.
Amendment #1 Roll Call Vote: Commissioners Knauer, Herron, KenCairn, Perkinson, Phillips: AYE.
Commissioners MacCracken Jain, Verner: NAY. Motion passed 5-2.
Page 6 of 7
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Planning CommissionMinutes
Roll Call Vote on Main Motion as Amended: Commissioners Knauer, Herron, KenCairn, Perkinson,
Phillips, Verner: AYE. Commissioner MacCracken Jain: NAY. Motion passed 6-1.
V.OPEN DISCUSSION - None
VI.ADJOURNMENT
Meeting adjourned at 8:38 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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Total Page Number: 23
PLANNING
PA-T2-2023-0046
COMMISSION
˂ˁˀ ˑ˼˹˳˹˱ Ϻˠ˵̂˶˿̂˽˱˾˳˵ ˣ̅˲˴˹̆˹̃˹˿˾
MAR 12, 2023
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2.Possible Wetlands.For wetlands not classified as Locally
Significant on the Water Resources map, the Wetland
Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus all lands
within 20 feet of the upland-wetland edge as illustrated in
Figure18.3.11.040.B.2. Possible Wetlands includes all areas
designated as such on the Water Resources map and any
unmapped wetlands discovered on. A wetland delineation
prepared by a qualified wetland specialist shall be submitted
to the City that graphically represents the location of wetlands
on aplan map in accordance with
. An average buffer width of 20 feet
subsection18.3.11.100.A.3
may be utilized around the perimeter of a possible wetland
upon submission of evidence and aplan by a natural
resources professional demonstrating that equal or better
protection of the functions and values of the resource will be
ensured.
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ȭ
staff
believes that the Commission can and should determine that
this wetland is not subject to regulation under AMC 18.3.11
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ˡ̅˵̃̄˹˿˾̃ˏ
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REQUEST FOR OUTLINE & FINAL PLAN
APPROVAL
5 LOT RESIDENTIAL SUBDIVISION
210 ALICIA STREET
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PERFORMANCE STANDARDS
SUBDIVISION
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The proposal complies with the criteria for a
Performance Standards Subdivision.
All proposed lot area and dimensions
exceed the minimum lot size in the R-1-5-P
zone.
The proposed private driveway is an
CONCLUSION acceptable access for the four lots and the
need for the variance to not install a public
street is consistent with the approval
criteria.
Proposed development provides needed
housing.
Comprehensive Plan Goals and Policies met
Housing Element
Public Services
Urbanization
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Planning CommissionMinutes
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
March 26, 2024
STUDY SESSION
DRAFT Minutes
I.CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Community Development and
Engineering Services Building at 51 Winburn Way. She noted that the meeting was available to be
viewed and attended via Zoom.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Doug Knauer Derek Severson, Planning Manager
Kerry KenCairn Michael Sullivan, Executive Assistant
Russell Phillips
Gregory Perkinson
Absent Members: Council Liaison:
Susan MacCracken Jain Paula Hyatt (absent)
Eric Herron
II.ANNOUNCEMENTS
Community Development Director Brandon Goldman made the following announcements:
All Commissioners should receive a Notice of Economic Interest from the City Recorder’s
Office.
The City had applied for a technical assistance grant from the Department of Land
Conservation and Development (DLCD) for the development of a manufactured home park
zone. This grant was received and the City will be moving forward with an ordinance.
Commissioner Knauer asked how manufactured homes are defined. Mr. Goldman responded that
they are typically homes that are pre-fabricated and placed on-site fully intact and inspected at the
factory in which they are created.
III.PUBLIC FORUM – None
IV.OTHER BUSINESS
A.Senate Bill 1537 Legislative Update
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Total Page Number: 49
Planning CommissionMinutes
Mr. Goldman provided a brief update on Senate Bill 1537, which was recently approved by the State
Legislature, and is intended to be a comprehensive approach to housing policy reform. Its main
goals are to streamline the housing development process, support affordable housing projects, and
more effectively enforce affordable housing laws.
Mr. Goldman related how SB1537 would affect land use regulations in a number of ways, including:
Amendments to the Oregon Goal Post Rule – These changes would allow applicants of
permits, limited land use decisions, or zone changes to request that their project be
processed by the standards that are currently in place when the request is made, not the
standards in place when their application was first submitted.
Urban Growth Boundary (UGB) Expansions – This would allow cities to engage in a one-time
expansion of their UGB depending on their size. With a population under 25,000 the City would
be eligible to expand its UGB by up to 50 acres.
Housing Land Use Adjustments – This would mandate that jurisdictions approve requested
“adjustments” or deviations from existing land use regulations, for the purpose for facilitating
the development of housing projects.
Limited Land Use decision - Includes approval or denial of applications for replats, property
line adjustments, and extension alterations or expansions of a nonconforming use in the
definition of “limited land use decision.” This would direct cities to only apply procedures
specified in ORS 197.195 to limited land use decisions, and would therefore not be subject to
land use proceedings or appeal to the Commission.
Chair Verner asked who the deciding body would be if staff denied an application that was
considered limited land use decision. Mr. Goldman responded that appeals would be reviewed by an
independent judge who could not be a City employee or a member of the Commission.
The Commission discussed how this legislative update could affect land use in the City. Mr. Goldman
described how the Grandview Terrace Annexation was remanded to the City from the Land Use
Board of Appeals because it was determined that the City had erred in approving the application
based on Climate Friendly and Equitable Communities (CFEC) guidelines that went into effect after
the application was submitted, but were in effect when the application was approved. He related
how the changes to the Goal Post Rule could impact similar planning actions in the future.
The Commission discussed the Housing Land Use Adjustments and their impact on development in
the City, particularly with regards to building height increases or their potentially deleterious affect
on the Historic District. Chair Verner asked if these adjustments would require the City to make code
changes. Mr. Severson responded that the City could adopt changes or implement the guidelines
from state rules.
Page 2 of 3
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Planning CommissionMinutes
B.Ashland Climate Friendly Areas Adoption Grant (2024) - Update
Planning Manager Derek Severson outlined the timeline for the Climate Friendly Areas (CFAs)
rulemaking and implementation process. The areas identified for potential CFA designation included
the Railroad property, the Transit Triangle, the Croman Mill District, and the downtown. The City
Council approved Ashland’s CFA study in September, 2023. The City applied for and received a grant
for technical assistance from the DLCD, and will utilize the services of 3J Consulting, ECOnorthwest,
and the Rogue Valley Council of Governments to assist with development and implementation. Mr.
Severson related how the creation of CFAs would require code changes, some of which are already
in effect, such as the removal of parking requirements for new developments and the removal of
density requirements in the Transit Triangle. The Commission discussed the impact of CFAs in the
City, particularly with regard to density, mixed-use developments, and building height limitations.
C.Conditional Use Permits, Variances, and Conditions of Approval
Mr. Goldman outlined the various ways in which the Commission could apply conditions and
suggest changes to projects under their review. He stated that when assessing an application with a
variance request, the Commission has the prerogative to suggest modifications to the proposal to
ensure it aligns more closely with established City standards. Mr. Goldman described how the
Commission could continue a Public Hearing with a directive to the applicant to make required
changes to a project to meet existing standards, as was the case with PA-T2-2022-00037, 165 Water
Street, which was ultimately denied by the Commission when the application failed to make
sufficiently significant changes. Mr. Goldman related how the Commission could also apply
conditions of approval to an application to better align it to established standards. The Commission
discussed how these different methods could be applied to future applications, emphasizing that
the preferred method would be imposing conditions or working with the applicant to make
necessary changes to an application rather than resorting to denial of a project.
V.OPEN DISCUSSION – None
VI.ADJOURNMENT
Meeting adjourned at 8:09 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
Page 3 of 3
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________________________________
Approvalof Findings forPA-T2-202-0004,
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THE CITY OF ASHLAND
BEFORE THE PLANNING COMMISSION
APRIL9, 2024
IN THE MATTER OF PLANNING ACTION PA-T2-2024-00046A)
REQUEST FOR OUTLINE PLAN AND FINAL PLAN APPROVAL FOR A )
DRAFT
5 LOT, 4 RESIDENTIAL UNITPERFORMANCE STANDARD OPTION )
SUBDIVISION. INCLUDED IN THE APPLICATION IS A REQUEST FOR )
FINDINGS,
AN EXCEPTION TO STREET STANDARDS, A VARIANCE TO )
CONCLUSIONS,
PRIVATE DRIVE STANDARDS, AND A TREE REMOVALPERMIT)
AND ORDERS.
)
OWNER
ADDERSON CONSTRUCTION INC)
DRAFT
APPLICANT:
ROGUE DEVELOPMENT SERVICES)
______________________________________________________________)
RECITALS:
1)The subject property is located at 210 Alicia Ave and is tax lot #1700 of Assessor’s Map 39-
1E-04-DB. Itis 1.26 acres in size and is zoned R-1-5 (Single Family Residential)withthe
Performance Standards Option (PSO) Overlay. All development in the PSO Overlay is
required to be processed in accordance with chapter 18.3.9 “Performance Standards Option
and PSO Overlay”.
2)The application is a request for concurrent Outline and Final Plan approval for a five-lot
Performance Standards Option subdivision, including four residential lots and one common
space lot. The application also includes requests for a variance to allow a private driveway to
serve four residential lots where dedication of a public street is typically required, and an
exception to street standards to not install standard improvements. The application also
includes a request to remove a single non-hazard tree.
3)The subject property is south of, and adjacent to, Oak Court Subdivision which was
subdivided in 1965. The subject property came into existence from a partition in 1970 and
took its current shape in 2015 through a property line adjustment. The 46-feet of frontage, as
well as the surrounding neighborhood, lack standard street improvements including curb,
gutter, andsidewalk.
4)The property had a previous land use approval for a cottage housing development in 2020
(“The 2020 approval”). The 2020 approval noted the existence of a possible wetland which
received water from an irrigation ditch. The 2020 approval required that the wetland be
investigated and subject to local regulation if the Department of State Lands (DSL) found the
wetland to be ‘jurisdictional.’ The wetland was delineated by an environmental consultant
which identified a 1,300 square-foot wetland. The DSL approved the delineation and
determined that it was exempt from State regulations because it was less than one acrein size
(OAR 141-085-0515(6)), and becauseit is artificially created(OAR 141-085-0515(8)). The
application indicates that the irrigation water is going to be piped to the adjacent property.
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5)The applicant’sproposal is detailed in plans which are on file at the Department of Community
Developmentand by their reference are incorporated herein as if set out in full.
AMC 18.3.9.040.A.3
6)The criteria of approval for Outline Plan are described in as follows:
A.the development meets all applicable ordinance requirements of the city.
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 city facility 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
significant features have been included in the common 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 common 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.
H.the proposed development meets the common open space standards established under
section 18.4.4.070. Common open space requirements may be satisfied by public open space in
accordance with section 18.4.4.070 if approved by the city of Ashland.
AMC 18.3.9.040.B.5
7)The criteria of approval for Final Plan are described in as follows:
a.The number of dwelling units vary no more than ten percent of those shown on the approved
outline plan, but in no case shall the number of units exceed those permitted in the outline plan.
b.The yard depths and distances between main buildings vary no more than ten percent of
those shown on the approved outline plan, but in no case shall these distances be reduced below
the minimum established within this ordinance.
c.The common open spaces vary no more than ten percent of that provided on the outline plan.
d.The building size does not exceed the building size shown on the outline plan by more than
ten percent.
e.The building elevations and exterior materials are in conformance with the purpose and intent
of this ordinance and the approved outline plan.
f.That the additional standards which resulted in the awarding of bonus points in the outline plan
approval have been included in the final plan with substantial detail to ensure that the
performance level committed to in the outline plan will be achieved.
g.The development complies with the street standards.
h.Nothing in this section shall limit reduction in the number of dwelling units or increased open
space; provided, that if this is done for one phase, the number of dwelling units shall not be
transferred to another phase, nor the common open space reduced below that permitted in the
outline plan.
AMC
8)The criteria of approval for an Exception to Street Standards are described in
18.4.6.020.B
as follows
B.Exceptions and Variances.Requests to depart from the requirements of this chapter are
, Street
subject to chapter18.5.5, Variances, except that deviations from section18.4.6.040
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Design Standards, are subject to subsectionB.1, Exception to the Street Design Standards,
below.
1.Exception to the Street Design Standards.The approval authority may approve
exceptions to the street design standards in section18.4.6.040if the circumstances in
either subsectionB.1.aorb, below, are found to exist.
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;
and the exception is the minimum necessary to alleviate the difficulty; and the
exception is consistent with the purpose, intent, and background of the street
; and the exception will result in
design standards in subsection18.4.6.040.A
equal or superior transportation facilities and connectivity considering the
following factors 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 safely and
efficiently cross roadway; or
b.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 purposes, intent, and background of the street design standards in
(Ord.3204 § 2,amended,12/21/2021)
subsection18.4.6.040.A.
AMC 18.5.5.050.A
9)The criteria of approval for a Variance are described in as follows,
1.The variance is necessary because the subject code provision does not account for special or
unique physical circumstances of the subject site, such as topography, natural features, adjacent
development, or similar circumstances. A legal lot determination may be sufficient evidence of a
hardship for purposes of approving a variance.
2.The variance is the minimum necessary to address the special or unique physical
circumstances related to the subject site.
3.The proposal’s benefits will be greater than any negative impacts on the development of the
adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive
Plan of the City.
4.The need for the variance is not self-imposed by the applicant or property owner. For example,
the variance request does not arise as result of a property line adjustment or land division
approval previously granted to the applicant.
AMC
10)The criteria of approval for removal of a Tree that is Not a Hazard are described in
18.5.7.040.B.2
as follows
2.
Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard 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 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
and Physical
limited to applicable Site Development and Design Standards in part18.4
and Environmental Constraints in part 18.3.10.
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.
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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 removalhave 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 section18.5.7.050. Such mitigation requirements shall be a
condition of approval of the permit.
11)The Planning Commission, following proper public notice, held a public hearing on March
12, 2024. Testimony was received, and exhibits were presented. Subsequent to the close of
the public hearing The Planning Commission approved the application subject to conditions
of approval.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes, and
recommends 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"
Hearing Minutes, Notices, and MiscellaneousExhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that AMC Title 18 Land Use regulates the development
pattern envisioned by the Comprehensive Plan and encouragesefficient use of land resources
among other goals. When considering the decision to approve or deny an application the
Planning Commission considers the application materials against the relevant approval criteria in
the AMC.
2.2 The Planning Commission notes that the application was deemed complete on February
12, 2024, and further finds that the notice for the public hearing was both posted at the frontage
of the subject property and mailed to all property owners within 200-feet of the subject property
th
on the following day, February 13, 2024 (28 days prior to the March 12Meeting).
2.3 The Planning Commission finds that it has received all information necessary to rendera
th
decision based on the applicationitself,the March 12Staff Report, the applicant’s public
hearing testimony, and the exhibits received.
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2.4 The Planning Commission finds that the proposal for Outline Plan approval meets all
applicable criteria for Outline Plan approval described in AMC 18.3.9.040.A.3and detailed below.
2.4.1The first approval criterion for Outline Plan approval is that: “The development meets all
applicable ordinance requirements of the City.”The application materials explain that the proposal
utilizes the Performance Standards Option Chapter 18.3.9 as is required in the PSO overlay. The
Commission finds that with the approval of the exception to street standards, discussed below, the
proposal will meet all applicable ordinance requirements, and finds that this criterion of approval is
satisfied.
2.4.2The second approval criterion for Outline Plan approval is that, “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 City facility to operate beyond capacity.” The Planning Commission
notes that the application materials assert that adequate key City facilities can be provided to serve
the development, and that based on consultations with representatives of the various City
departments (i.e. water, sewer, streets and electric) the four newhousing units will not cause a City
facility to operate beyond capacity.
The application explains, and Public Works has confirmed, that there is a six-inch water main in
Sylvia Street, a four-inch water main in Alicia Street, and a fire hydrant is in place directly across
from the driveway on Alicia Street. The applicant further asserts that there is adequate water
pressure available to provide water service to the proposed new units.
The application explains, and Public Works has confirmed, that there is a six-inch sanitary sewer
line within the right-of-way for Alicia Street and Sylvia Street. The applicant further notes that in
discussions with the sanitary sewer department, there are no reported capacity issues in the vicinity.
The application concludes that the four units should not cause the system to operate beyond its
current capacity. Public Works staff have indicated they see no issues for sanitary sewer capacity,
and note thatthe development drains into a sewer trunk line east of Sylvia Street, and on into the
Oak Street line north of Nevada Street where there are no known capacity issues.
The application indicates that electrical infrastructure is available in the immediate vicinity, and that
the applicant has worked with the electrical department to design the provided electrical service
plan.
The application notes, and Public Works has confirmed, that there is a ten-inch storm sewer line
within the Sylvia Street right-of-way. The applicant explains that the subdivisionis usinglow
impact development standards as provided under the Rogue Valley Sewer Services (RVSS)
Standards for Storm Water Managementwith onsite retention.
An existing fire hydrant is in place directly across Alicia Avenue from the driveway entrance. As is
typical, the Fire Marshal will review the final civil drawings and building permit submittals for
compliance with fire codes relative to water supply and fire apparatus access.
The Planning Commission findsthat with the forgoing that this criterion of approval is satisfied.
2.4.3The third criterion for approval of an Outline Plan is that, “The existing and natural features
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of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have
been identified in the plan of the development and significant features have been included in the
open space, common areas, and unbuildable areas.” The Planning Commission notes that the
wetland here is supported by an artificial water source (irrigation water) which the applicant intends
to cut-offand pipe to the adjacent property. The Planning Commission finds that this wetland is not
subject to regulation under AMC 18.3.11 given the uncertain, artificial water source, as supported
by DSL’s determination. The Planning Commission notes that there are no other qualifying natural
features and findsthat this criterion of approval is satisfied.
2.4.4The fourth criterion for approval of an Outline Plan is that, “The development of the land
will not prevent adjacent land from being developed for the uses shown in the Comprehensive
Plan.” The application materials provided explain that the adjacent properties are developed.
Recognizing that existing development patterns and physical constraints may limit development of
the adjacent properties, the Planning Commission finds that the proposed subdivision and its
associated access and utility installation will not prevent the adjacent lands from being developed as
envisioned in the Comprehensive Plan, and finds that this criterion of approval is satisfied.
2.5.5The fifth approval criterion is that, “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.”
The application materials indicate that the applicant will provideHomeowners’ Association (HOA)
Covenants, Conditions & Restrictions (CC&R’s) and By-Laws which include provisions for the
long-term operation and maintenance the common areaand private drive, and a condition of
approval has been included below requiring the same to be provided for review prior to the
recording of the final plat.With the inclusion of thisconditions, the Planning Commission finds that
there are adequate provisions for the maintenance of the open space and common areas, and finds
that this criterion of approval is satisfied.
2.4.6The sixth criterion is that, “The proposed density meets the base and bonus density
standards established under this chapter.” The base density for R-1-5 development under the
Performance Standards Option Chapter is 4½ dwelling units per acre. The parent parcel here is 1.26
acres, and the base density is 5.67dwelling units (1.26acres x 4.5 dwelling units/acre = 5.67
dwelling units). The proposed density is four dwelling units.The Planning Commission notes that
four dwellings is within the allowed density, andfindsthat this criterionofapprovalis satisfied.
2.4.7The seventh Outline Plan approval criterion is that, “The development complies with the
Street Standards.” As mentioned above the application also includes a Variance to the number of
lots allowed to access a private drive (the requirement to dedicate a public road for four lots), which
in turn requires an exception to the Street Standards. Therefore, this approval criterion can only be
satisfied if the Variance and exception to the street standards are granted.
The Planning Commission notes that the Alicia Avenue right-of-way is unimproved with no
sidewalks, curbs or gutters in place on either side of the street, and right-of-way beyond the
pavement is gravel. For residential neighborhood streets, city street standards envision five-foot
sidewalks, seven-foot park row planting strips, a six-inch curb.With the limited street frontage to be
taken up with required driveway improvements, there is no additional width for sidewalk
installation.
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The Planning Commission notes that the code requires the dedication of a public road for four lots,
however in the present case the road would be a short dead-end cul-de-sac which would not
contribute to the transportation network of the city. As such, the Public Works Department would
not be inclined to accept a public roadway that does not further the public good. The property
configuration prevents the extension of any public street system, and the development pattern on
adjacent properties to the north and south also prevent the extension of an interconnected street
system. The Planning Commission notes that the variance to allow a private driveway to serve four
lots instead of three is the minimum necessary. The Planning Commission notes that the private
driveway will be dedicated as fire apparatus access.
The Planning Commission notes that based on the forgoing both the Variance and anException to
the Street Standards aremerited. The Planning Commission notes that the applicant shallbe
required to sign-in favor of a Local Improvement District (LID) for the future improvement of
Alicia Avenue, and of Oak Lawn Avenue which provides a connection out to Oak Street and the
broader sidewalk system, and a condition of approval to that affect has been included below.The
Planning Commission further notes that while the exception is merited it is important to ensure safe
pedestrian access. The Planning Commission finds that a condition of approval is required to ensure
safe pedestrian access to wit: That to address ‘safe pedestrian access’ the applicant shall provide a
modified civil plan that includes an at grade change in materials (concrete) within the 20’
improvement to provide pedestrian access that will support accessibility as well as fire truck
apparatus.
The Planning Commission finds that with the forgoing that this criterion of approval is satisfied.
2.4.8The final approval criterion is that, “The proposed development meets the common open
spacestandards established under section 18.4.4.070. Common open space requirements may be
satisfied by public open space in accordance with section 18.4.4.070 if approved by the City of
Ashland.” The Performance Standards Option Chapter requires that at least five percent of the total
lot area be provided in common open space for developments with a base density of ten units or
greater.The Planning Commission notes that the present application only has four lots so common
open space is not requiredand that this approval criterion is satisfied.
The Planning Commission concludes based on the above that all applicable approval criteria for
Outline Plan subdivision approval have been satisfied.
2.5 The Planning Commission finds that the approval criteria for Final Plan are intended to
insure substantial conformance between Outline Plan approval and Final Plan approval when the
two are requested as separate procedural steps. The Planning Commission finds that where the
two are allowed to be filed concurrently, as is the case here, there is no procedural separation
between the two and the concurrent Final Plan proposal is identical to the Outline Plan in terms
of number of dwelling units, yard depths, distances between buildings, common open spaces,
building sizes, building elevations and exterior materials, standards resulting in density bonuses,
and street standards. The Planning Commission concludes that the final plan approval criteria are
met.
2.6 The Planning Commission notes that the application includes a request to remove a
‘significant’ plum tree which is in conflict with the proposed private drive. The Planning
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Commission notes that the Tree Management Advisory Committee reviewed the application and
agreed that the tree was in poor form and recommended approval of the removal. The Planning
Commission finds that the criteria of approval are met and that AMC 18.5.7.040.2.e. provides
that “The City shall require the applicant to mitigate for the removal of each tree granted
approval. Such mitigation requirements shall be a condition of approval of the permit.” A
condition of approval to that effect has been included below.
2.7 The Planning Commission finds that there is substantial evidence in the record to make
approval
findings that each of the criteria of for Outline and Final Plan approval have been met,
th
as was presented in the applicant’s submittal, as well as the Staff Report dated March 12, and
by each of their reference are hereby incorporated herein as if set out in full.
2.8 Following the closing of the public hearing The Planning Commission deliberated and a
motion was made approving the Outline and Final Plan application subject to the conditions of
approval in the Staff Report with the inclusion of a new condition of approval #5d discussed
further in the following section.
2.9 The Planning Commission finds that with the conditions of approval included in this
decision below, the proposal satisfies the relevant approval criteria.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearings on this matter, the Planning Commission
concludes that the requestfor a5-lot, 4-residential unit Performance Standards subdivision
Outline and Final Plan, including a variance to street standards and an exception to street
standards and a tree removal is supported by evidence contained within the whole record and is
approved
including the conditions of approval below.
The conditions of approval are below:
1)That all proposals of the applicant shall be conditions of approval unless otherwise
specifically modified herein.
2)That the private drive shall have a six foot buffer with a six inch curb from the property
to the west.
3)That to address ‘safe pedestrian access’ the applicant shall provide a modified civil plan
that includes an at grade change in materials (concrete) within the 20’ improvement to
provide pedestrian access that will support accessibility as well as fire truck apparatus.
4)That a mitigation tree be planted consistent with AMC 18.5.7.050. The Tree MAC
recommends that such planting be a large stature tree at maturity.
5)That permits shall be obtained from the Ashland Public Works Department prior to any
additional work in the public right of way.
6)That a final Fire Prevention and Control Plan addressing the General Fuel Modification
Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be
provided prior to bringing combustible materials onto the property, and any new
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landscaping proposed shall comply with these standards and shall not include plants
listed on the Prohibited Flammable Plant List per Resolution 2018-028.
7)That a final survey plat shall be submitted within 12 months of Final Plan approval and
approved by the City of Ashland within 18 months of this approval. Prior to submittal of
the final subdivision survey plat for signature:
a.All easements including but not limited to public and private utilities, public
pedestrian and public bicycle access, drainage, irrigation, and fire apparatus
access shall be indicated on the final subdivision plat submittal for review by the
Planning, Engineering, Building and Fire Departments.
b.Subdivision infrastructure improvements including but not limited to utilities,
driveways, streets and common area improvements shall be completed according
to approved plans, inspected and approved.
c.Electric services shall be installed underground to serve all lots, inspected and
approved. The final electric service plan shall be reviewed and approved by the
Ashland Electric, Building, Planning and Engineering Divisions prior to
installation.
d.That the sanitary sewer laterals and water services including connection with
meters at the street shall be installed to serve all lots within the applicable phase,
inspected and approved.
e.The property owner shall sign in favor of Local Improvement Districts (LIDs) for
the future street improvements, including but not limited to paving, sidewalks,
park row with irrigated street trees, curb, gutter, storm drainage and
undergrounding of utilities, for Alicia and Oak Lawn Avenues. This LID
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.
f.A copy of the proposed CC&R’s to ensure the future maintenance of the private
drive, compliance with the tree protection plan, and fencing regulations.
8)That the building permit submittals shall include the following:
a.Identification of all easements, including but not limited to any public and private
utility easements, mutual access easements, and fire apparatus access easements.
b.Solar setback calculations demonstrating that all units comply with Solar Setback
Standard A in the formula \[(Height –6) / (0.445 + Slope) = Required Solar
Setback\] and elevations or cross section drawings clearly identifying the highest
shadow producing point(s) and the height(s) from natural grade.
c.Final lot coverage calculations demonstrating how lot coverage is to comply with
the applicable coverage allowances of the R-1-5 zoning district. Lot coverage
includes all building footprints, driveways, parking areas and other circulation
areas, and any other areas other than natural landscaping.
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d.That storm water from all new impervious surfaces and runoff associated with
peak rainfalls must be collected on site and channeled to the City storm water
collection system through the curb or gutter at a public street, a public storm pipe,
an approved public drainage way, or through an approved alternative in
accordance with Ashland Building Division policy BD-PP-0029. On-site
collection systems shall be detailed on the building permit submittals.
Planning Commission Approval Date
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TYPE II
PUBLIC HEARING
_________________________________
PA-T2-202-0004
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Total Page Number: 66
NOTICE OF APPLICATION
PLANNING ACTION: PA-T2-2024-00047
SUBJECT PROPERTY:452 Williamson Way
OWNER/APPLICANT:RoguePlanning &Development Services for DeBoer
DESCRIPTION:An application is for a four-lot subdivision to allow for the construction of four residential
dwelling units. There are four units proposed in two attached wall groups. The proposed
residences would be deed restricted affordable housing units for ownership to families with
incomes of less than 80% of the area median income. This use of the Employment Zoned
property as deed restricted affordable housing is allowed without a zone change per
Oregon Revised Statutes (ORS) 197.308. COMPREHENSIVE PLAN DESIGNATION:
Employment;ZONING: E-1; MAP: 39 1E 04 DC, TAX LOT: 3630
ASHLAND PLANNING COMMISSION MEETING: Tuesday, April 9, 2024at 7:00 PM, Ashland Civic Center,
1175 East Main Street
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
Total Page Number: 67
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE
ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be
at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon.
A copy of the application, including all documents, evidence and applicable criteria are available online at “What’s Happening
in my City” at https://gis.ashland.or.us/developmentproposals/. Copies of application materials will be provided at reasonable
cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland Community Development
& Engineering Services Building, 51 Winburn Way, via a pre-arranged appointment by calling (541) 488-5305 or emailing
planning@ashland.or.us.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision
maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that
issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on
that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.
During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request.
The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria.
Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open
for at least seven days after the hearing.
If you have questions or comments concerning this request, please feel free to contact Aaron Andersonat541-552-2052 or
Aaron.Anderson@ashland.or.us
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City
Administrator’s office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City
to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I).
SITE DESIGN AND USE STANDARDS
18.5.2.050
The following criteria shall be used to approve or deny an application:
A. Underlying Zone:The proposal complies with all ofthe 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 City facilities 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
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.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
Total Page Number: 68
SUBDIVISION CRITERIA
18.5.3.070 Preliminary Subdivision Plat Criteria
A.Approval Criteria.The approval authority, pursuant to subsection 18.5.3.030.A, may approve, approve with conditions or deny a preliminary subdivision
plat on findings of compliance with all of the following approval criteria.
1.The subdivision plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the
subject area.
2.Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3,
and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
3.Access to individual lots necessary to serve the development shall conform to the standards contained in section 18.4.3.080Vehicle Area
Design.
4.The proposed streets, utilities, and surface water drainage facilities conform to the standards in chapter 18.4.6, and allow for transitions to
existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
5.All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas(e.g.,
landscaping, tree preservation, common areas, access, parking, etc.) is ensured through appropriate legal instrument (e.g., Covenants,
Conditions and Restrictions (CC&R’s).
6.Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
B.Conditions of Approval. The approval authority may attach such conditions as are necessary to carry out provisions of this ordinance, and other
applicable ordinances and regulations.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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_________________________________
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452 Williamson Way – Habitat for Humanity
PA-T2-2023-00047 April 9, 2024
REQUEST: Preliminary plat approval for a four-lot subdivision and residential
site design review. The proposed residences would be deed restricted
affordable housing units for ownership to families with incomes of less than
80% of the area median income. This use of the employment zoned property
as deed restricted affordable housing is allowed without a zone change per
Oregon Revised Statutes (ORS) 197.308.
Zoning:
As shown below the subject property is zoned E-1 (Employment)
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452 Williamson Way – Habitat for Humanity
Subdivision (Preliminary Plat)
The E1 zone has no minimum lot area, width or depth, or maximum lot
coverage; or minimum front, side or rear yard
Site Design Review
AMC 18.5.2.020.B.2 The construction attached (common wall) single-family
dwellings (e.g., townhomes, condominiums, rowhouses) in any zoning district
require Site Design Review.
Total Page Number: 74
452 Williamson Way – Habitat for Humanity
Staff Recommendation : Approval
Because State law requires the city to approve the residential use and that the
application clearly demonstrates that the project meets all relevant approval
criteria (there are no requested exceptions or variances) staff has prepared
findings drafted for approval for the Planning Commissions Consideration.
For more information:
If there are any questions, please email
planning@ashland.or.usor call 541-488-5305
Total Page Number: 75
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_________________________________
Total Page Number: 77
Total Page Number: 78
THE CITY OF ASHLAND
BEFORE THE PLANNING COMMISSION
APRIL9, 2024
IN THE MATTER OF PLANNING ACTION PA-T2-2024-00047A)
REQUEST FORPRELIMINARY PLAT APPROVAL FOR A FOUR-LOT )
SUBDIVISION AND RESIDENTIAL SITE DESIGN REVIEW. THE )
PROPOSED RESIDENCES WOULD BE DEED RESTRICTED )
DRAFT
AFFORDABLE HOUSING UNITS FOR OWNERSHIP TO FAMILIES )
WITH INCOMES OF LESS THAN 80% OF THE AREA MEDIAN )
FINDINGS,
INCOME. THIS USE OF THE EMPLOYMENT ZONED PROPERTY AS )
CONCLUSIONS,
DEED RESTRICTED AFFORDABLE HOUSING IS ALLOWED )
AND ORDERS.
WITHOUT A ZONE CHANGE PER OREGON REVISED STATUTES )
(ORS) 197.308. )
DRAFT
)
OWNER
ALAN DEBOER)
APPLICANT:
ROGUE DEVELOPMENT SERVICES)
______________________________________________________________)
RECITALS:
1)The subject property is located at 452 Williamson Way andis taxlot #3630 of Assessor’s
Map 39-1E-04-DC. It is located at the southeast corner of the intersection of Williams Way
and Rouge Place. The property is 0.30 acresandis zoned E-1 (Employment). The property
was created as Lot 1 Park Ridge Subdivision, Phase 1 recorded July 9, 1999 as County
Survey #16198.
2)The applicant is requesting Preliminary Plat Approval for a four-lot subdivision and
Residential Site Design Review. The four proposed dwellings are in two shared-wall
townhomes. The proposed residences will be deed restricted affordable housing units for
ownership to families with incomes of less than 80% of the area median income.
3)Residential Use is onlyallowed in an E-1 Zonewhen the residential overlayis present. The
property is not located within the residential overlay, and even if it were,the Special Use
Standards governing dwellings in non-residential properties (AMC 18.2.3.130)require mixed
use development where at least 65% of the floor area of the ground floor be permitted
commercial uses.
4)Oregon House Bill 4051 “Relating to housing; creating new provisions; amending ORS
197.308 and section 4, chapter 18, Oregon Laws 2021, and section 8, chapter 448, Oregon
Laws 2021; and prescribing an effective date” became effective on June 3, 2022. This law
requires that “a local government shall allow affordable housing, and may not require a zone
change or conditional use permit for affordable housing” on commercial property subject to
certain provisions. The full text of ORS 197.308 “Affordable housing allowed outright” is set
out below.
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5)Where the residential overlay exists it limits dwellings to the special use standards at AMC
18.2.3.130 which provides for a density of 15-units per acre for the E-1 zone. The property is
0.30acres which calculates to a base density of 4.5. The present application is for four
dwellings. There are available density bonuses established both in the Local Land Use
Ordinance as well as HB 4051, however the present application is not utilizing them.
§4
6)The applicant’sproposal is detailed in plans which are on file at the Department of Community
Developmentand by their reference are incorporated herein as if set out in full.
7)The approval criteria for Preliminary Subdivision Plat are described in AMC 18.5.3.070.A as
follows:
1.The subdivision plan conforms to applicable City-adopted neighborhood or district plans, if any,
and any previous land use approvals for the subject area.
2.Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4
(e.g., parking and access, tree preservation, solar access and orientation).
3.Access to individual lots necessary to serve the development shall conform to the standards
contained in section 18.4.3.080 Vehicle Area Design.
4.The proposed streets, utilities, and surface water drainage facilities conform to the standards in
chapter 18.4.6, and allow for transitions to existing and potential future development on adjacent
lands. The preliminary plat shall identify all proposed public improvements and dedications.
5.All proposed private common areas and improvements, if any, are identified on the preliminary plat
and maintenance of such areas(e.g., landscaping, tree preservation, common areas, access, parking,
etc.) is ensured through appropriate legal instrument (e.g., Covenants, Conditions and Restrictions
(CC&Rs).
6.Required State and Federal permits, as applicable, have been obtained or can reasonably be
obtained prior to development.
8)The approval criteria for Site Design Review are described in AMC 18.5.2.050 as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in
subsections A, B, C, and D below. The approval authority may, in approving the application, impose
conditions of approval, consistent with the applicable criteria.
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 City facilities 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, 2, or 3, 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
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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;
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; or
3.There is no demonstrable difficulty in meeting the specific requirements for a
cottage housing development, but granting the exception will result in a design that
equally or better achieves the stated purpose of section 18.2.3.090.
*
9)ORS 197.308 “Affordable housing allowed outright” provides the following:
(1) As used in this section, “affordable housing” means residential property:
(a) In which:
(A) Each unit on the property is made available to own or rent to families with
incomes of 80 percent or less of the area median income as determined by the
Oregon Housing Stability Council based on information from the United States
Department of Housing and Urban Development;or
(B) The average of all units on the property is made available to families with
incomes of 60 percent or less of the area median income;and
(b) Whose affordability is enforceable, including as described inORS 456.270 (Definitions for
ORS 456.270 to 456.295) to456.295 (Action affecting covenant) , for a duration of no less
than 30 years.
(2) A local government shall allow affordable housing, and may not require a zone change or
conditional use permit for affordable housing on property if:
(a) The housing is owned by:
(A) A public body, as defined inORS 174.109 (“Public body” defined) ; or
(B) A nonprofit corporation that is organized as a religious corporation;or
(b) The property is zoned:
(A) For commercial uses;
(B) To allow religious assembly;or
(C) As public lands.
(3) Subsection (2) of this section:
(a) Does not apply to the development of housing not within an urban growth boundary.
(b) Does not trigger any requirement that a local government consider or update an analysis
as required by a statewide planning goal relating to economic development.
(c) Applies on property zoned to allow for industrial uses only if the property is:
(A) Publicly owned;
(B) Adjacent to lands zoned for residential uses or schools;and
(C) Not specifically designated for heavy industrial uses.
(d) Does not apply on lands where the local government determines that:
(A) The development on the property cannot be adequately served by water, sewer,
storm water drainage or streets, or will not be adequately served at the time that
development on the lot is complete;
(B) The property contains a slope of 25 percent or greater;
(C) The property is within a 100-year floodplain;or
* The application materials incorrectly cite ORS 197.380
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(D) The development of the property is constrained by land use regulations based on
statewide land use planning goals relating to:
(i) Natural disasters and hazards;or
(ii) Natural resources, including air, water, land or natural areas, but not
including open spaces or historic resources.
(4) A local government shall approve an application at an authorized density level and authorized
height level, as defined inORS 227.175 (Application for permit or zone change) (4) , for the
development of affordable housing, at the greater of:
(a) Any local density bonus for affordable housing;or
(b) Without consideration of any local density bonus for affordable housing:
(A) For property with existing maximum density of 16 or fewer units per acre, 200
percent of the existing density and 12 additional feet;
(B) For property with existing maximum density of 17 or more units per acre and 45
or fewer units per acre, 150 percent of the existing density and 24 additional feet;or
(C) For property with existing maximum density of 46 or more units per acre, 125
percent of the existing density and 36 additional feet.
(5) Intentionally left blank —Ed.
(a) Subsection (4) of this section does not apply to housing allowed under subsection (2) of
this section in areas that are not zoned for residential uses.
(b) A local government may reduce the density or height of the density bonus allowed under
subsection (4) of this section as necessary to address a health, safety or habitability issue,
including fire safety, or to comply with a protective measure adopted pursuant to a statewide
land use planning goal. NotwithstandingORS 197.350 (Burden of persuasion or proof in
appeal to board or commission) , the local government must adopt findings supported by
substantial evidence demonstrating the necessity of this reduction. \[2021 c.385 §1\]
10)The Planning Commission, following proper public notice, held a public hearing on April 9,
2024. Testimony was received, and exhibits were presented. Following the close of the
public hearing, the Planning Commission approved the application subject to a number of
conditions.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes, and
recommends 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"
Hearing Minutes, Notices, and MiscellaneousExhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that AMC Title 18 Land Use regulates the development
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pattern envisioned by the Comprehensive Plan and encouragesefficient use of land resources
among other goals. When considering the decision to approve or deny an application the
Planning Commission considers the application materials against the relevant approval criteria in
the AMC.
2.2 The Planning Commission notes that the application was deemed complete on March 15,
2024, and further finds that the notice for the public hearing was both posted at the frontage of
the subject property and mailed to all property owners within 200-feet of the subject property on
th
March 20, 2024 (20-days prior to the April 9meeting date).
2.3 The Planning Commission finds that it has received all information necessary to rendera
th
decision based on the applicationitself,the April 9Staff Report, the public hearing testimony,
and the exhibits received.
2.4 The Planning Commission notes that when changes in state law are in conflict with our
local Land Use Ordinance then the State provisions take precedence. As mentioned above
Oregon House Bill 4051 requires that “a local government shall allow affordable housing, and
may not require a zone change or conditional use permit for affordable housing” on commercial
property subject to certain provisions, as are present in the current application. The Planning
Commission finds that deed restricted affordable residential housing is allowed outright in the
employment zone pursuant to state law (ORS 197.308).
2.5The Planning Commission finds that the proposal for Preliminary Subdivision Plat
approval meets all applicable criteria for described in AMC 18.5.3.070.A as detailed below:
2.5.1 The Planning Commission notes that the first criterion of approval for Preliminary
Subdivision Plat is that “The subdivision plan conforms to applicable City-adopted
neighborhood or district plans, if any, and any previous land use approvals for the subject area.”
The Planning Commission notes that there are no neighborhood or district plans, and no
conditions from previous land use approval that apply to the subject property. The Planning
Commission finds that this criterion of approval is met.
2.5.2 The Planning Commission notes that the second criterion of approval for Preliminary
Subdivision Plat is that “Proposed lots conform to the requirements of the underlying zone, per
part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable
development standards, per part 18.4.”The Planning Commission notes that as relevant to this
criterion we are only discussing the ‘proposed lots’ as it relates to the preliminary plat and that
conformance with the buildings will be discussed below with regard to the Site Design Review
Standards. The Planning Commission notes that the E-1 Zone has no minimum lot area, width or
depth, or maximum lot coverage; or minimum front, side or rear yard. The Planning Commission
notes that each of the four lots is over 3,000 square feet and over 25-feet in width. The Planning
Commission notes that the only overlay is the city-wide wildfire overlay and that all proposed
construction will meet the adopted wildfire standards. The Planning Commission finds that this
criterion of approval is met.
2.5.3 The Planning Commission notes that the third criterion of approval for Preliminary
Subdivision Plat is that “Access to individual lots necessary to serve the development shall
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conform to the standards contained in section 18.4.3.080 Vehicle Area Design.” While there is
no longer a requirement to provide parking when it is provided it needs to meet the standards.
The code requires a driveway twelve feet in width and shared use of driveway curb cuts as is
present here. The applicant shall be required to include a reciprocal access easement on the final
plat across the entire common driveway, and a condition of approval to that effect has been
added below. The Planning Commission finds that with the inclusion of the condition of
approval that this criterion of approval has been met.
2.5.4 The Planning Commission notes that the fourth criterion of approval for Preliminary
Subdivision Plat is that “The proposed streets, utilities, and surface water drainage facilities
conform to the standards in chapter 18.4.6, and allow for transitions to existing and potential
future development on adjacent lands. The preliminary plat shall identify all proposed public
improvements and dedications.” The Planning Commission notes that the application includes
details on utility capacity and drainage, and that there are no proposed streets. The Planning
Commission notes that the existing curb line with parking bays is extant, and that the application
includes details on proposed sidewalks, street trees, and ADA ramps. The Planning Commission
notes that all adjacent properties are fully developed, and the proposal will not prevent any future
development. The Planning Commission notes that the application materials identify all
proposed public improvements and dedications. The Planning Commission finds that this
criterion of approval is met.
2.5.5 The Planning Commission notes that the fifth criterion of approval for Preliminary
Subdivision Plat is that “All proposed private common areas and improvements, if any, are
identified on the preliminary plat and maintenance of such areas(e.g., landscaping, tree
preservation, common areas, access, parking, etc.) is ensured through appropriate legal
instrument (e.g., Covenants, Conditions and Restrictions (CC&Rs).” The Planning Commission
notes that there are no proposed or required common areas, as such there is no need for a legal
instrument to ensure their maintenance. The Planning Commission finds that this criterionof
approval is met.
2.5.6 The Planning Commission notes that the last criterion of approval for Preliminary
Subdivision Plat is that “Required State and Federal permits, as applicable, have been obtained
or can reasonably be obtained prior to development.” The Planning Commission notes that a
condition of approval has been added below that the applicant apply and receive any required
State and Federal permits as required. The Planning Commission finds that with this condition of
approval this criterion of approvalis met.
2.6The Planning Commission finds that the proposal for Site Design Review approval meets
all applicable criteria for described in AMC 18.5.2.050 as detailed below:
2.6.1The Planning Commission notes that the first criterion of approval for Site Design Review
is that “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.”The Planning Commission notes that, as mentioned above, the E-1 Zone
has no minimum lot area, width or depth, or maximum lot coverage; or minimum front, side or
rear yard. In terms of allowed uses, as discussed at the outset ORS 197.308 now requires cities to
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approve affordable housing in commercial lands despite local prohibitions to the contrary. The
Planning Commission finds that the proposal complies with all provisions of the base zone and
that this criterion of approval is met.
2.6.2The Planning Commission notes that the second criterion of approval for Site Design
Review is that “The proposal complies with applicable overlay zone requirements (part 18.3).”
As mentioned above in 2.5.2, the Planning Commission again notes that the only overlay is the
city-wide wildfire overlay and that all proposed construction will meet the adopted wildfire
standards. The Planning Commission finds that this criterion of approval is met.
2.6.3The Planning Commission notes that the third criterion of approval for Site Design
Review is that “The proposal complies with the applicable Site Development and Design
Standards of part 18.4, except as provided below.”The Planning Commission notes that the
application includes detailed responses to each of the Site Development and Design Standards.
The Planning Commission notes that the building orientation, garage standards, proposed
building materials, preliminary landscape plan and open space standards all met. The Planning
Commission notes that a final landscaping plan with irrigation details will be required and a
condition of approval to that effect has been included below. The Planning Commission finds
that with the forgoing that this criterion of approval is met.
2.6.4The Planning Commission notes that the fourth criterion of approval for Site Design
Review is that “The proposal complies with the applicable standards in section 18.4.6 Public
Facilities, and that adequate capacity of City facilities 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.”The Planning Commission notes that four residential
homes create a minimal impact on these facilities and further notes that all city utilities are
available and installed in the adjacent right-of-way. The Planning Commission notes that Staff
have communicated with the Public Works Department and that there are no known capacity
issues to any of the utilities. The Planning Commission notes that the applicationincludes details
on the electrical plan and that the storm drain will be designed for Low Impact in accordance
with the RVSS stormwater quality design manual. The Planning Commission finds that this
criterion of approval has been met.
2.6.5The Planning Commission notes that the last criterion of approval for Site Design Review
is that “The approval authority may approve exceptions to the Site Development and Design
Standards of part 18.4 if the circumstances in either subsections below, are found to exist…” The
Planning Commission notes that there are no requested exceptions to the above standards and
finds that this criterion of approval has been met.
2.7 The Planning Commission finds that there is substantial evidence in the record to make
approval
findings that each of the criteria of for Preliminary Plat and Site Design Review
approval have been met, as was presented in the applicant’s submittal, as well as the Staff Report
th
dated April 9, and by each of their reference are hereby incorporated herein as if set out in full.
2.8 The Planning Commission finds that with the conditions of approval included in this
decision below, the proposal satisfies the relevant approval criteria.
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SECTION 3. DECISION
3.1 Based on the record of the Public Hearings on this matter, the Planning Commission
concludes that the requestfor a4-lot Preliminary Plat approval and Site Design Reviewis
approved
supported by evidence contained within the whole record and is including the
conditions of approval below.
The conditions of approval are below:
1)That all proposals of the applicant shall be conditions of approval unless otherwise
specifically modified herein.
2)That permits shall be obtained from the Ashland Public Works Department prior to any
additional work in the public right of way.
3)That a final Fire Prevention and Control Plan addressing the General Fuel Modification
Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be
provided prior to bringing combustible materials onto the property, and any new
landscaping proposed shall comply with these standards and shall not include plants
listed on the Prohibited Flammable Plant List per Resolution 2018-028.
4)That the applicant shall include a reciprocal access easement across the entire common
driveway on the final plat.
5)That a finalsize- and species-specific landscaping and irrigation plan shall be submitted
for review to ensure compliance with AMC 18.4.4.030 with the submittal of building
permit applications.
6)That a final survey plat shall be submitted within 12 months of Final Plan approval and
approved by the City of Ashland within 18 months of this approval. Prior to submittal of
the final subdivision survey plat for signature:
a.All easements including but not limited to public and private utilities, public
pedestrian and public bicycle access, drainage, irrigation, and fire apparatus
access shall be indicated on the final subdivision plat submittal for review by the
Planning, Engineering, Building and Fire Departments.
b.Subdivision infrastructure improvements including but not limited to utilities,
driveways, streets, and common area improvements shall be completed according
to approved plans, inspected and approved.
c.Irrigated street trees selected from the Recommended Street Tree Guide and
planted according to city planting and spaces standards shall be planted along the
full project frontage.
d.Electric services shall be installed underground to serve all lots, inspected, and
approved. The final electric service plan shall be reviewed and approved by the
Ashland Electric, Building, Planning and Engineering Divisions prior to
installation.
e.That the applicant shall apply and receive any required State and Federal permits
as required.
7)That the building permit submittals shall include the following:
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a.Identification of all easements, including but not limited to any public and private
utility easements, mutual access easements, and fire apparatus access easements.
b.Solar setback calculations demonstrating that all units comply with Solar Setback
Standard A in the formula \[(Height –6) / (0.445 + Slope) = Required Solar
Setback\] and elevations or cross section drawings clearly identifying the highest
shadow producing point(s) and the height(s) from natural grade.
c.That storm water from all new impervious surfaces and runoff associated with
peak rainfalls must be collected on site and channeled to the City storm water
collection system through the curb or gutter at a public street, a public storm pipe,
an approved public drainage way, or through an approved alternative in
accordance with Ashland Building Division policy BD-PP-0029. On-site
collection systems shall be detailed on the building permit submittals.
Planning Commission Approval Date
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Total Page Number: 88
_________________________________
Total Page Number: 89
Total Page Number: 90
Rogue Valley Habitat for Humanity
Four Lot Subdivision, Site Design Review
for residential dwellings
452 Williamson Way
ROGUE PLANNING & DEVELOPMENT SERVICES, LLC
Total Page Number: 91
Subdivision Request for a Four Lot Subdivision and Site Design Review for residential dwellings
Address: 452 Williamson Way, Ashland, OR
Map: 39 1E 04 DC
Tax lot: 3630
Zoning: E-1
Lot Area: .298 Ac / 13010 sf
Comprehensive Plan Designation: Employment
Owner: Rebal Family Trust / Alan DeBoer Trust / Rebecka DeBoer Trust
2260 Morada Lane
Ashland, OR 97520
Applicant:Rogue Valley Habitat for Humanity
2233 South Pacific Hwy
Medford, OR 97501
Architecture/Design: KSW Architecture
66 Water Street, Suite 100
Ashland, OR 97520
Pet
er L. CipesDesign
317 N Main Street
Ashland, OR 97520
Civil Engineering: Powell Engineering
100 E Main Street, Suite O
Medford, OR 97501
Sur
veying: Polaris Land Surveying
PO BOX 459
Ashland, OR 97520
Lan
d Use Planning Consultation: Rogue Planning & Development Services, LLC
1314-B Center Dr., PMB#457
Medford, OR 97501
Request:Request for four lot Subdivisionand a ResidentialSite Design Review for the development of
residential dwellings on the Employment zoned parcel at the intersection of Williamson Way and
Rogue Place.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
Page 1 of 14
Total Page Number: 92
Site Background:
The site is a vacant lot at the southeast intersection of Rogue Place and Williamson Way. The subject
property was part of the Parkridge Place Subdivision #1 that was created in 1999.
The corner lot is 13,010 square feet in area with 90-feet of frontage on Williamson Way and 99-feet of
frontage on Rogue Place. There is a 10-foot public utility easement along both street frontages.
There are no natural features on the property and the property is vacant of structures.
The subject property and
the lots to the west across
Rogue Place from the
subject property are
zoned Employment (E-1).
These properties are
occupied by large area,
commercial and
employment structures
that use metal siding,
large, utilitarian facades
and parking areas.
The properties to the south are zoned
Employment (E-1) with a Residential
Overlay (purple overlay on zoning map).
There is a landscape buffer and a surface
parking area immediately to the south and
southwest with a vacant building lot
further south.
The properties to the north and east are
zoned R-2, low density multi-family
residential. The properties to the east and
north are occupied by detached residential
homes of one and two stories.
The adjacent residential development to
the east and across Williamson Way to the
north are part of a single-family home type
of development in the multi-family zone. The development to the south is a mixed-use commercial /
residential lot and parking area. The buildings are not constructed on this portion of the larger
commercial development that fronts along Russell Drive which is further south.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
Page 2 of 14
Total Page Number: 93
Proposal:
The proposal is for a four-lot subdivision to allow for the construction of four residential dwelling units.
There are four units proposed in two attached wall groups. The proposed residences would be deed
restricted affordable housing units for ownership to families with incomes of 80 percent of the area
median income. This use of the Employment Zoned property as deed restricted affordable housing is
allowed without a zone change per Oregon Revised Statutes 197.380.
A local government shall allow affordable housing and may not require a zone change or conditional
use permit for affordable housing if the property is zoned for commercial uses. The subject property
has the title of employment zoning which is a zoning for commercial uses. The property will be
developed by Habitat for Humanity, a nonprofit organization. Each unit on the property is made
available to own or rent to families with incomes of 80 percent or less of the area median income. In
accordance with the state laws - affordability under a covenant as described in ORS 456.270 to
456.295, is enforceable for a duration of no less than 30 years.
The E-1 zone allows for a residential density of 15 DU per acre. (15X .29 = 4.48). Four residential units
are proposed. The units will be oriented to the higher order street, Williamson Way with walkup front
patio/porches. The two-story structure will be attached wall/zero lot line construction with a 12-foot
separation between detached structures.
Vehicular access is proposed via a shared driveway accessed from Rogue Place. Each residence will
have a garage parking space access via the shared driveway.
The residential units are two-story, townhome style units with 595 square foot main living level with
671 square feet on the second floor. Each unit is proposed as a three-bedroom, one and one-half bath
home.
The units have large front porches, low pitch roofs and have similar building materials, window sizes
and shapes, exterior yard lights that are similar to those in the adjacent residential development.
The proposed setbacks are proposed to be 20-feet from Williamson Way and 12-feet fromRogue
Place. There is a 6-foot east side yard proposed from the east property line. The rear, southsetback is
proposed to be 39 feet. There is adequate area for the vehicles to exit the garage, back-up and
turnaround to enter Rogue Place in a forward manner.
There are existing sidewalk improvements to the east of the subject property which will be extended in
a manner that is consistent with the sidewalk pattern on the adjacent properties. A six-foot sidewalk
adjacent to the on-street parking bays. There are no park rows as there are not landscape strips dues
to the on-street parking bays cutting into the area where the park row would be located.
Conclusion:
It can be found that the development of the long vacant property at the corner of Willaimson Way and
Rogue Place is a great use of the long vacant property corner property that directly abuts residential
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
Page 3 of 14
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uses on residentially zoned lands on the north and east sides of the property. Residential use is
cohesive with the neighborhood development pattern. This proposal is a direct result of the recent
legislative changes by the state of Oregon that encourages the development of vacant commercial
properties with deed restricted affordable housing.
On the following pages are findings of fact addressing the Subdivision Standards and Residential Site
Design Review Standards.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
Page 4 of 14
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Findings of Fact
Site Design Review
AMC 18.5.2020 Applicability
Site Design Review is required for Residential Uses of three or more dwellings on a single lot.
AMC 18.5.2.050 Approval Criteria Site Design Review
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.
Finding:
The proposed site development complies with all of the applicable provisions of the Employment (E-1)
Zone as it applies to the proposed residential development.
Lot Area and Dimensions: There is no minimum lot areas, no required minimum lot width or lot depth,
or maximum lot coverage; or minimum front, side or rear yard.
Density: The proposed number of units is four and is in compliance with the maximum allowed density
of 15 dwelling units per acre.
Setback: There are 10-foot public utility easements present along both Williamson Way and Rogue Place.
The front yard setback of 20-feet is to provide adequate setback from the sidewalk which encroaches
into the property boundaries within the public utility easement and to provide an area for stormwater
detention facilities. There are side yard setbacks proposed where none are required with six-feet to the
east and 10-feet on the west side. There is no rear yard setback, the buildings are setback more than 30-
feet from the rear property line.
Lot Coverage: Proposed impervious areas within proposed development area including building
footprints, pathways, driveways, patios and decks is substantially less than the allowed 85 percent
maximum lot coverage in the zone. The actual coverage will be shown on each building permit submittal.
Height: The proposed buildings are two stories. The buildings are not more than 25-feet tall. This is
substantially less than allowed in the zone.
Architecture: The proposed buildings are traditional architectural with deep, street facing porches and
a front entry that is visible from the street. The homes have a similar aesthetic to the modern craftsman
style homes in the adjacent neighborhood to the north and east.
Each unit has a private outdoor rear yardarea.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
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B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
Finding:
The property is within the wildfire hazards overlay designation from AMC 18.3.10.060.C.
A) Roofing to be Class B or better composition shingles.
B) Vent openings will be fire resistant.
C) Exterior walls to be non-combustible materials, including under eave overhangs;
D) All areas within 5’ of the perimeter of the dwellings will be non-combustible in accordance with AMC
18.3.10.100.B;
E) All fencing will be non-combustible (vinyl) within 5’ of a dwelling;
F) All new plantings, including trees, shrubs and ground cover throughout the site are devoid of any
plant materials listed on the Prohibited Flammable Plant List;
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.
AMC 18.4.2.030 Residential Development
C.Building Orientation. Residential buildings that are subject to the provisions of this chapter
shall conform to all of the following standards. See also solar orientation standards in section
18.4.8.050.
1. Building Orientation to Street. Dwelling units shall have their primary orientation
toward a street. Where residential buildings are located within 20 feet of a street, they
shall have a primary entrance opening toward the street and connected to the right-of-
way via an approved walkway.
Finding:
The residential buildings are located within 20 feet of the property line. There is a primary
entrance that opens towards the street will be connected to the public sidewalk proposed
along the frontage of the property and the public right of way via a walkway.
2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation or
off-street parking is not allowed between the building and the street. Parking areas
shall be located behind buildings, or on one or both sides.
Finding:
No parking is proposed between the buildings and the street. All parking is located to the
rear of the structures via a shared access from a single driveway instead of driveways
along the street frontages.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
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3. Build-to Line. Where a new building is proposed in a zone that requires a build-to line
or maximum front setback yard, except as otherwise required for clear vision at
intersections, the building shall comply with the build-to line standard.
Finding:
There is not a build-to line or maximum front setback yard.
D. Garages.
Finding:
There are attached garages at the rear of the residences that are accessed via a shared driveway.
E. Building Materials. Building materials and paint colors should be compatible with the
surrounding area. Very bright primary or neon-type paint colors, which attract attention to the
building or use, are unacceptable.
Finding:
The materials and paint colors are compatible with the surrounding area. The proposed materials
are a mix of horizontal fiber cement sidingand shingles. There are no bright primary or neon-
type paint colors.
F. Streetscape.One street tree chosen from the street tree list shall be placed for each 30 feet
of frontage for that portion of the development fronting the street pursuant to subsection
18.4.4.030.E.
Finding:
There is one street tree selected from the street tree list placed every 30-feet of frontage for the
portion of the property fronting the street, or at least spaced as allowed in 18.4.4.030.E which
requires a setback from the intersection, street lights and signs locations. A final landscape and
irrigation plan will be submitted with the building permit submittal.
G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse disposal
areas shall be provided pursuant to chapter 18.4.4.
Finding:
The landscape plan and site plan comply with minimum landscape areas and coverage
requirements. There is more than the minimum 15 percent required landscape area proposed
throughout the site area. There is substantially more landscape area than required by code.
452 Williamson Way
Four Lot Residential Subdivision
February 29, 2024
Page 7 of 14
Total Page Number: 98
A detailed landscape plan will be presented at building permit that provides a variety of
deciduous shade trees selected from the Street Tree Guide to be planted behind the sidewalk.
The stormwater detention swale vegetation will comply with any standards from the Rogue
Valley Stormwater Quality Design Manual. The trees and ground cover, and any lawn on the
individual lots will be low water usage. All vegetation will be appropriate for the climate, sunlight
exposure, and availability of water.
Timing of street tree planting: All vegetation including street trees will be installed prior to the
building permit final occupancy. Donations of trees, vegetation, landscape materials and
irrigation supplies coincide with final site landscaping which occurs at the end of the construction.
Additionally, the small site is constrained, the plating will occur first with the building permits to
follow, there is simply not room to accommodate construction of the units and not injure street
trees.
A common refuse area is not proposed, and individual trash and recycling facilities are proposed
within the garage of the unit and taken to the curb on trash day as per Recology Service
agreements in this area that are not commercial routes. The Covenant for Future Maintenance
Agreement governing documents will speak to location and services and will specify that a
screened enclosure is necessary if outside of the garage structure.
H. Open Space. Common and/or private open space is required to be provided pursuant to
section 18.4.4.070.
Finding:
No open space or common area is required.
18.4.3 Parking, Access, and Circulation:
Finding:
A shared driveway, five feet north of the south property line is proposed to provide access to
each of the lots and the proposed rear loading single vehiclegarage.
18.4.3.070 Bicycle Parking:
All uses, with the exception of residential units with a garage…
Finding:
One covered bicycle parking space is provided within the garage of each unit.
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18.4.3.080 Vehicle Area Design:
A. Parking Location.
Finding:
The parking is not within the front or side yard areas abutting the public street.
The proposed parking is within the garages of each of the units.
B. Parking Area Design.
Finding:
Not applicable.
C. Vehicular Access and Circulation.
The intent of this subsection is to manage access to land uses and on-site circulation and maintain
transportation system safety and operations. For transportation improvement requirements,
refer to chapter 18.4.6 Public Facilities.
Finding:
A 12-foot driveway apron is proposed. This is to clear the location of the parking bay curvature.
This driveway widens to 16 feet providing ample driveway width to access the four lots. The
driveway will have a five-foot wide landscape buffer from the adjacent property to the south,
and a six-foot fence is present on the property line. The driveway provides vehicular access to
each unit. The driveway is more than 35-feet from the intersection of Williamson Way and Rogue
Place.
D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access to
parking areas shall conform to the following provisions.
Finding:
The proposed driveway location, narrow width and single share curb cut demonstrates
compliance with the standards from this section.
E. Parking and Access Construction. The development and maintenance as provided below
shall apply in all cases, except single-family dwellings and accessory residential units.
Finding:
A shared access easement will be shown on the final plat documents. Covenants for Future
Maintenance Agreement for the shared driveway will be provided with the final plat documents.
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18.4.6.040 Street Design Standards
Finding:
The proposed frontage improvements on Williamson Way and Rogue Place are consistent with
the purpose and intent of the Street Design Standards. The sidewalk location is pre-determined
by the presence of on-street parking bays along both the Williamson Way and Rogue Place street
frontages, additionally there is a bulb out, curb extension intersection where pedestrian access
ramps are proposed to provide a completed sidewalk system within a 30-year-old subdivision.
Six-foot wide concrete sidewalks are proposed along the frontage of the propertyconnecting to
the existing sidewalks to the east and south. The six-foot sidewalk directly abuts the parking bays
that are found on both frontages. The location of those parking bays prevent a landscape
parkrow. Street trees are proposed directly behind the sidewalk.
The six-foot sidewalk encroaches into the property area and a public access easement and
indemnification from injuries potentially suffered on the “public” sidewalk will be provided on
the final platting documents.
D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities,
and that adequate capacity of City facilities 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.
Finding:
Adequate City facilities are present within the public right of ways that will service the proposed units.
Water:
There is an existing was service on the property. The proposal is to install four new services in the right-
of-way on the Rogue Place frontage.
Electric:
An electric service distribution plan has been created with the oversite of the city of Ashland Electric
Division. There is a transformer at the intersection of Rogue Place and Williamson Way that will provide
electric service to each unit with a meter for each unit location on the sides of the structure.
Sanitary Sewer Service:
There are sanitary sewer lines in both Rogue Place and Williamson Way. Each unit has a service line
extending from the unit to the service main line within Williamson Way.
Urban Storm Sewer:
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The proposed development of the site and the storm water management plan will be designed in
accordance with the most current Rogue Valley Stormwater Quality Design Manual standards at the time
of building permit submittal. The conceptual plan includes a common detention system along the
frontage of the 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 18.4if the circumstances in either
subsection 1, 2, or 3, below, are found to exist.
Finding:
No exception to the Site Development and Design Standards as part of 18.4 has been requested.
SUBDIVISON
18.5.3.020 Land Divisions and Property Line Adjustments.
A. Applicability. The requirements for partitions and subdivisions apply, as follows.
1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one
calendar year.
Finding:
The request is for a four-lot subdivision, Rogue Corner.
18.5.3.070 Preliminary Subdivision Plat Criteria
A. Approval Criteria. The approval authority, pursuant to subsection 18.5.3.030.A, may approve,
approve with conditions or deny a preliminary subdivision plat on findings of compliance with all of the
following approval criteria.
1. The subdivision plan conforms to applicable City-adopted neighborhood or district plans, if any,
and any previous land use approvals for the subject area.
Finding:
The proposed subdivision conforms to applicable standards. There are no neighborhood plans or
previous land use approvals that affect the subject property with respect to the development of the
property as housing as allowed by ORS 197.380.
2. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part
18.4 (e.g., parking and access, tree preservation, solar access and orientation).
Finding:
The proposed four lot subdivision conforms to the requirements of the underlying E-1 zone.
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There is no minimum lot areas, no required minimum lot width or lot depth, or maximum lot coverage;
or minimum front, side or rear yard.
Proposed Lot 1 is 32.09 feet wide and 118.91 feet deep for a total area of 3,721 square feet. Proposed
Lot 2 is 25.02 feet wide and 118.91 feet deep for a total area of 3,099 square feet. Lot 3 is 25.98 feet
wide and 118.91 feet deep for a total lot area of 3,095 square feet. Lot 4 is wide 26.04 feet wide and
118.91 feet deep for a total lot area of 3,108 square feet in area.
The Wildfire Hazards overlay zone requirements apply to the building construction side of the property
and the proposed development will not impact the Wildfire Hazards Overlay. The proposed subdivision
complies with the standards from 18.4. as demonstrated in these findings.
Parking and Access: Each proposed lot will have an automobile parking space access from the proposed
shared driveway.
Each residence will have a garage to accommodate bicycle parking.
The proposed subdivision lots are oriented with Williamson Way along the north property line. The
structures are setback more than 20-feet from the front property line and the street right of way is
allowed to be shaded by the units. The proposed structures comply with the solar access standard B
which applies in the Employment zone.
3. Access to individual lots necessary to serve the development shall conform to the standards
contained in section 18.4.3.080 Vehicle Area Design.
Finding:
The required automobile parking facilities will be located on the property it is intended to serve.
The automobile parking will not be located in a required front and side yard setback area abutting a
public street.
Parking spaces will have a back-up maneuvering space not less than 22 feet.
The proposed subdivision will have a single driveway accessed from the lower order street to reduce
pedestrian and vehicle conflicts and to reduce the impacts to the street frontage with multiple
driveway access points. The on-street parking bays are largely retained with the proposed site access.
The proposed driveway is separated from any other driveways by more than 24-feet.
All necessary access easement for ingress, egress, maintenance utilities, etc., will be provided on the
survey plat.
There are no alleys.
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The proposed driveway width complies with the minimum access standards. The private, shared
driveway is over 50 feet in length and will meet the design requirements of section 18.5.3.060.
The width of the driveway will comply City of Ashland engineering standards for driveways.
The driveways will have a minimum of 13.5 feet vertical clearance.
The grade of the driveway is less than 20 percent.
The proposed driveway will conform to the standards from 18.5.3.
The driveways will be paved with concrete, asphalt, porous solid surface, or comparable surfacing.
Provisions have been made for the on-site collection of drainage waters to eliminate sheet flow of such
waters onto sidewalks, public rights-of-way, and abutting private property.
4. The proposed streets, utilities, and surface water drainage facilities conform to the standards in
chapter 18.4.6, and allow for transitions to existing and potential future development on adjacent
lands. The preliminary plat shall identify all proposed public improvements and dedications.
Finding:
The proposed street improvementsinclude the extension of the existing sidewalks that terminate into
the property boundaries with a six-foot sidewalk. This sidewalk falls partially upon the property and an
easement is necessary. There is not a parkrow because there are on-street parking bays along both street
frontages of the subject property. ADA accessible ramps are proposed for the intersection of Williamson
Way and Rogue Place.
The proposed utility plan demonstrates compliance with the standards in 18.4.6. There is limited future
development on adjacent lands due to the developed nature of the adjacent properties.
Water service is available in both streets to service the new lots. Three new meters will be installed. The
existing meter will be utilized for one of the lots.
Sanitary sewer service is available and will be stubbed out to each lot.
Electric service will be extended to the proposed unit meters from the transformer at the corner.
The proposal is for a common storm water catchment and detentions system in the front yard area that
will extend to the City’s system on Williamson Way.
Pedestrian scaled streetlights required by the City of Ashland will be installed. It is anticipated that a
street light will be installed at the intersection of Williamson Way and Rogue Place.
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5. All proposed private common areas and improvements, if any, are identified on the preliminary
platand maintenance of such areas (e.g., landscaping, tree preservation, common areas, access, parking,
etc.) is ensured through appropriate legal instrument (e.g., Covenants, Conditions and Restrictions
(CC&R’s).
Finding:
The proposed private, shared driveway will have easement for access, maintenance and CC&R’s or
similar legal instrument will be created to address the shared easement responsibilities.
6. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained
prior to development.
Finding:
To the applicant’s knowledge, there are no applicable State or Federal permits for the development of
the site.
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