HomeMy WebLinkAbout2022-06-14 Planning PACKET
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Hearing is closed.
ASHLAND PLANNING COMMISSION
REGULARMEETING
June 14, 2022
AGENDA
I.CALL TO ORDER:
7:00 PMvia Zoom
II.ANNOUNCEMENTS
III.CONSENT AGENDA
A.Approval of Minutes
1.May 10, 2022 RegularMeeting
IV.PUBLIC FORUM
V.OTHER BUSINESS
A. Housing in E1/C1 Zones
B. Middle Housing Lot Division & Expedited Land Division Code Changes
C. Ashland Characteristics, Demographics and Urban Form Presentation
D. Election of Officers
VI.ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 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 1).
ASHLAND PLANNING COMMISSION
REGULAR MEETING
DraftMinutes
May 10, 2022
I.CALL TO ORDER:7:00 PM,viaZoom
Chair Haywood Norton called the meeting to order at 7:01p.m.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Haywood Norton Brandon Goldman, Planning Manager
Doug Knauer Derek Severson, Senior Planner
Kerry KenCairn Aaron Anderson, Associate Planner
Lisa VernerMichael Sullivan, Administrative Assistant
Absent Members:Council Liaison:
Lynn Thompson Paula Hyatt
II.ANNOUNCEMENTS
CommissionerDoug Knauer updated the Commission regarding his involvement with the Social Equity and Racial Justice
Commission (SERJ). Commissioner Knauer volunteered to act as Liaison between the Planning Commission and the SERJ
Commission,and attended their May 7, 2022 meeting.A quorum was not reached and the meeting was held informally.
Commissioner Knauer provided the SERJ Commission with a brief presentation on how thePlanningCommission utilizes the lens
ofsocial equityin its decision-making process. He explained the Commission’s procedures and emphasized its goalof total
impartiality when reviewingPlanning Actions.
Community Development Director Bill Molnar made the following announcements:
An Election of Officers for the Commission will be held at itsJune 14, 2022 meeting.
The Commission will considerholding its first annual retreat since the start of the Pandemic, and will discuss
holding site-visits for potential locations. Mr. Molnar stated that he would circulate a list of dates for the retreat
and that the Commission should consider anyitems or projects they would wish to discuss atthat meeting.
The Commission has received two applications to fill the seat vacated by Commissioner Pearce, and the City
Council could potentially make an appointment at its next meeting.
Theparty interested in developing theCroman Mill Site,Townmakers, LLC,have remained in contact with the
Planning Departmentand are moving forward with plans for development. Thegrouphas notyetpurchased the
site, but are preparing anotherPre-Application tosubmit toPlanning staffand present specific plans for
development. The project would requirea change to the Ashland master plan and codesif approved,
necessitating a legislative processwhere the Commission would hold an advisory role and forward a
recommendation to the City Councilfor a final decision.The applicants recognize the employment and
residential needs of the Cityand are considering a phased approach for development. The plans have
continued to evolve based on market factors,the needs of the community,and AMC guidelines. The current
owners have hired an environmental group fromPortland tocreatea final clean-up plan for the Croman Mill site,
which willthen be submitted to the Oregon Department of Environmental Quality for approval. There has been
some clean-up activity at the southernedge of the site,though it remains tobe seenwhere the phased
development of the site will begin.
Ashland Planning Commission
May 10, 2022
Page 1 of 4
III.CONSENT AGENDA
Approval of Minutes
1.April12, 2022 Regular Meeting
Commissioners Verner/Knauerm/s to approve the Consent Agenda.Voice Vote: all AYES. Motion passed. 5-0.
IV.PUBLIC FORUM- None
V.UNFINISHED BUSINESS
A.Approval of Findings for PA-APPEAL-2022-00014, 34 Scenic Dr.
Ex Parte Contact
No ex parte contact was reported.
Commissioners Verner/KenCairnm/s to approve the Findings as presented.Voice Vote: all AYES. Motion passed. 5-0.
B.Approval of Findings forPA-T2-2022-00037, 165 Water St.
Ex Parte Contact
No ex parte contact was reported.
Commissioners Dawkins/Vernerm/s to approve the Findings as presented.Voice Vote: all AYES. Motion passed. 5-0.
VI.DISCUSSION ITEMS
A. Memo – Legislative Update
Staff Presentation
Senior Planner Derek Severson informedthe Commission of two legislative updates from the state that staff have begun
work on. The first item concerns an executive order from the Governor of Oregon in 2020 which directed state agencies
to adopt rules to reduce greenhouses gases. One of the keyapproaches to achieve this goal is the creation of more
mixed-use developments along transit lines to encourage people work closer to their place of residence,thereby
reducing reliance onautomotive transportation. The cities in the eight Metropolitan Planning Organizations (MPOs) will
be required to identify Climate Friendly Areas (CFAs) that could accommodate up to 30% of their future population
growth. Zoning changes would likely be necessary to allow for higher population densities (fifteen dwellings per acre),
including reducing or eliminating minimum parking requirements, allowing building heights of up to 50ft, and placing a
greater emphasis on alternative transit networks and electric vehicle infrastructure. The rule-adoption process is
expected to finish in May, 2022, and the consultants will begin work shortly thereafter. The state will fund these
consultants to assist cities in identifying CFAs and with the public involvement process. The study and identification of
CFAs will conclude by June, 2023, and cities will be required to create a Comprehensive Plan, as well as Zoning
adjustments to regulations and maps to implement the changesby June 30, 2024. Mr. Severson added that the
Commission should expect to begin holding Public Hearings in the near future to gather input from the public before
CFAs are identified and discussed.
Ashland Planning Commission
May 10, 2022
Page 2 of 4
The second legislative update from the staterelates to Senate Bill 458 regarding Middle Housing Lot Divisions
(MHLD).This bill provides ownership opportunities for ‘Middle Housing’ units built under House Bill 2001, though those
lots would still be subject to the parent property’s approval and will not have full development rights. Senate Bill 458 also
sets specific parameters for what conditions and criteria would be considered for approval. MHLDs will not beconsidered
land use decisions, and will instead be processed using the Expedited Land Divisions procedure ofthe ORS to
streamline the review process. Affected cities will be required to adopt code changes by June 30, 2022 or to implement
them directly from state law (see attachment #1).
Discussion
Mr. Molnar inquired if early Public Hearings would be held to discuss boundaries and locations for potential CFA sites.
Mr. Severson advisedthat the public be introduced to the process as early as possible, and that a Public Hearing should
be held once a consultant has been selected. He added that the state has not yet approved the final guidelines, but that
each city will be assigned two consultants, and that the consultant for public engagement will likely initiate the process
early.
Commissioner Verner askedif the City would be able to selectthe consultants or if they would beassigned. Mr.
Severson responded that they will likely be assigned by geographic location, but had commented to the state that Scott
Fregonese of 3J Consulting would be a good fit due to his past work with the City.
Chair Norton pointed out that the guidelines and criteria regarding CFAs would be directed by the state,and that there
was no request for public feedback during the process. He requested that staff provide the public with examples of high
density developments similar to the mandated CFAs. Chair Norton also expressed concern over the state
recommendation that cities allow developments of up to 50ft, andsuggested that the public be informed of the potential
zoning changes before they are adopted. He added that some urban design studies might be necessary before choosing
which zones would be affected by the new standards, and that a universal zoning change would be detrimental to the
City.
Commissioner Verner asked if the state had mandated that a certain number of CFAs be created. Mr. Severson
responded that the number of CFAs hadnotbeen given, only that they shouldaccommodate 30% of a city’s population
growth needs. He added that the state appears to be envisioning most of the CFAs being located in downtown areas, but
that the City may want choose areasthat wouldbe most appropriate for it.
Mr. Molnar agreed with Chair Norton’s concern regarding building height, but commented that the CFAs will likely be
located in commercial areas that could best accommodate these changes and have adequate transit access. He added
that buildings up to 55ft in height are currently allowed in the downtown area with a Conditional Use Permit (CUP), and
up to 55ft in most commercial zones with a CUP if more than 100ft away from a residential area. Mr. Molnarstatedthat
creating CFAs to accommodate 30% of the City’s population would be attainablebased on the City’s projected
population growth for the next 20 years. Planning Manager Brandon Goldman calculated that 450-700 new housing units
would be required to meet the 30% CFA standard, andthat the Normal Avenue Neighborhood Plan could accommodate
up to 450 new housingunits.
Commissioner Knauer inquired if staff was comfortable with what the state had outlined for MHLDs, citing the June, 2022
deadline for adoption. Mr. Severson responded that House Bill 2001 was limited to Accessory Residential Units (ARUs)
and duplexes, andthatSenate Bill 458 wouldnot conflict will its guidelines regarding ARUs. Mr. Severson stated that the
new state law could be applied to duplex applicationswhile a new city ordinance is adopted.
Chair Norton askedif the state wouldregulate the market if it found that 70% of non-CFA sites had already been
developed without the required percentage of CFAsbeing completed.He also queried if the City would be able to
propose new transit routes in order to accommodate the CFAs and not be limited to existing transit routes. He
commentedthat transit routes would need to be altered to run through theCroman Mill Site to be consideredasa CFA.
Ashland Planning Commission
May 10, 2022
Page 3 of 4
Commissioner Dawkins pointed out that the City’s Transportation System Plan (TSP) has already been outlined, and that
the Railroad District should be considered as a CFA with greater height allowances. He also suggested that the City
consider alternatives to on-site parking, such as regularly scheduledpublic transportation from parking areas outside of
the City.
Chair Norton asked staff how these legislative updates would be integrated with the Housing Production Strategy (HPS).
Mr. Goldman responded thatonce theCFArulemaking process is complete itwill be integrated into the development of
the HPS, whichisalreadyconsidering changes to building height limitsand reducing parking requirements for buildings.
He stated that developing those strategies in compliance with state provisions will be vital in determining if they could be
implemented in other areas of the City,not just CFAs.He cited various strategies being consideredin the HPS,such as
a reduction in parking requirements for affordable housing, multi-family housing, and mixed-use developments,and
whether these could be applied to the future CFAs.
Chair Nortonexpressed a concern over there being significant overlap between the HPS and the development of the
CFAs, and whether the two consultants for these programs would be working together to ensure cohesion. Mr. Goldman
replied that the strategies that come out of the HPS will be implemented over an eight-year period, and could therefore
be adopted in compliance with new state requirements.Mr. Molnar added that Planning staff will be working closely with
staff from the Department of Land Conservation and Development (DLCD)and its regional representative toassist in
coordinating multiple projects.
Public Comment
The Commission briefly discussed a public comment submitted by Mark Knox, who requested that the Commission
consider mixed-use commercial buildings in certain Commercial and Residential Zones be temporarily permittedas
100% residentialbuildings(see attachment 2).Mr. Molnar stated thatthe City Council had requestedthat the
Commissionconsider allowing mixed-use buildings tobe 100% residential with a CUP, with the possibility of returning to
commercial use in the future. He added that the mechanism for achieving this is beingdiscussedby staff, but that Mr.
Knox requestedthe Commission consider this course of action when the item is brought back before the Commission.
Commissioner KenCairn stated that it would be premature to discuss this issue beforeit issent backtothe Commission.
Chair Norton disagreed with Mr. Knox’s assertion that theCity Council, Planning Staff, and theCommissionholdany
bias against development in the City.
VII.ADJOURNMENT
Meeting adjourned at 8:00p.m.
Submitted by,
Michael Sullivan, Administrative Assistant
Ashland Planning Commission
May 10, 2022
Page 4 of 4
i.e.amiddle
housinglotthatispartofaduplexparentpropertydoesnothavetherighttobuildan
accessoryresidentialunit
i.e.a63-daytimeclockinsteadof120-days
Doesnotapplytoaccessoryresidentialunits.
or
eitherproposedorbuilt
i.e.ademonstrationofproportionalityunderDolan
cannot
CitiesapplyanyapprovalcriteriaotherthantheapprovalcriteriaspecifiedinSB458toapplicationsfor
anMHLD—i.e.theallowablecriteriaincludetheCity’sstandardsformiddlehousingdevelopment,separate
utilities,easements,onedwellingoneachlot,andbuildingcodecompliance.
This is in contrast to the 120 days typically allowed for land use
actions.
referee
_________________________________
Housing in E-1 &C-1 Zones
Memo
DATE: June 14, 2022
TO: Ashland Planning Commission
FROM: Brandon Goldman, Planning Manager
E: Housing in Employment Zones
R
Summary
This is adiscussion item about the potential land use code amendments to allow more housing in the
employment zones. The primary changes to the land use code as proposed would allow up to 65 percent
of the ground floor of mixed-use buildings to be used as residential dwellings, and the elimination of
residential density limitations for mixed-use developments in the Commercial (C-1) and Employment
(E-1) zones.
The Planning Commission held a public hearing on December 14, 2021, and recommended approval of
the attached ordinance amending AMC Title 18 Land Use.
The City Council reviewed the proposed land use code amendments at a public hearing on February 1,
2022, and did not approve first reading of the ordinance at that time. The Council wished to further
explore other possibilities to allow the entirety of the first floor of developments on E-1 and C-1 lands to
be residential provided certain housing affordability conditions were met. Further, given the potential
impacts to the available supply of commercial property the Council wished to wait until the results of
the Chamber of Commerce’s Economic Diversification Strategy report being prepared by
ECONorthwest were available for consideration.
The Council provided two separate motions relating to this item on February 1, 2022 as follows:
Graham/DuQuenne moved that we postpone this item until the end of May 2022 to give staff time
to analyze the economic information that comes forward from the Chamber Study. Motion
passed unanimously.
Hyatt/Jensen moved that revert this item back to the planning commission to specifically have a
conditional use permit on the 35% that would be commercial to be used as residential rental
only between 80-100% AMI revertible upon expiration of lease between 5–10-year period.
Motion passed unanimously.
Background
This project was initiated by the City Council on March 16, 2021. The Council directed staff to work with the
Planning Commission to address the following project goal and objectives:
Project Goal:
Provide more flexibility in the employment zones to respond to fluctuations and changes in the
economy and demand for housing.
Page 2of 3
Project Objectives
Maintain an inventory of employment parcels in a variety of sizes and locations to encourage
new business development.
Increase the supply of moderately-priced rental and for-purchase housing.
Jumpstart redevelopment in areas that have trouble attracting projects and/or are in proximity to
public transit and walking distance to daily service needs, such as groceries, shops, parks, etc.)
Currently, at least 65 percent of the ground floor of buildings in the commercial (C-1) and employment (E-1)
zones is required to be commercial and light industrial uses. The remaining 35 percent of the ground floor can
be used for residential dwellings as well 100 percent of the upper stories in multi-story buildings. The
exceptions are: 1) in the Transit Triangle (TT) overlay, a minimum of 35 percent of the ground floor is required
to be used for commercial and light industrial uses and 2) in the neighborhood commercial area of the North
Mountain Neighborhood District, the ground floor can be used entirely for housing but must be built to
commercial building code standards so that the space can be converted to commercial uses in the future.
In order to ensure that Ashland’s inventory of commercial and employment lands can continue to
accommodate future business development, the city contracted with Fregonese and Associatesto assist
in analyzing the buildable lands data, building permits issued, and Ashland’s employment data over the
last 10 years. This analysis found there is presently sufficient C-1 and E-1 land for future employment
needs. Specific items in the data analysis include the following.
The land consumption rate in the C-1 and E-1 zones is relatively low with an average of 2 acres
per year used for the last 8 years.
Of the 50 building permits that were issued for commercial development in the last 10 years, 26
permits were in located in the C-1 and E-1 zones. The other 24 permits were located in the C-1-
D zone (Downtown), or were public projects such as SOU and Ashland School District buildings
which are not located in the C-1 and E-1 zones.
The 2007 Economic Opportunities Analysis (EOA) forecasted more employment growth than
has occurred over the last 14 years. The EOA projected 15,220 projected jobs by 2027, including
10,654 jobs in retail and services. State employment data shows a total of 10,237 jobs in the
Ashland Urban Growth Boundary as of 2019.
The 2007 Economic Opportunities Analysis determined that 30% of the employment growth
would not require consumption of vacant land.
Currently, approximately 20% of the jobs within Ashland are in residential zones.
The Oregon Statewide Planning System requires all cities to maintain an adequate land supply for
economic development and employment growth. To demonstrate compliance with the State goals in
amending our local land use ordinance, the City can rely on existing adopted plans provided there are no
significant changes in economic development opportunities based on new information about national,
state, regional, count and local trends (OAR 660-009-0010(3)). A second option under the State’s
administrative rules requires changes to the designation of over two acres of land from an employment
use designation to any other use to be supported by the City’s comprehensive plan and existing
DEPT. OF COMMUNITY DEVELOPMENTTel: 541-488-5305
20 E. Main StreetFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
Page 3of 3
Economic Opportunities Analysis. If the proposed amendment can’t be supported by the adopted
comprehensive plan and EOA an update to the comprehensive plan and/or EOA is required (OAR 660-
009-0010(4)).
The analysis performed by Fregonese Associates could be used to address the above Statewide planning
goals for the proposed code amendments to increase the allowance for residential uses from 35 to 65
percent of the ground floor in multi-story, mixed-use buildings and developments located in the C-1 and
E-1 zones and outside of the Downtown Design Standards overlay.
st
As directed by the City Council’s motion on February 1, the Planning Commission is to reconsider
revisions to the land use code which couldallowup to 100 percent of the ground floor of newly
constructed buildings in the C-1 and E-1 zones to be used for residential uses, provided the additional
areas dedicated to residential, in excess of 65% of the ground floor allowance previously proposed, is
restricted to be rental housing affordable to households earning less than the area median income
(100%AMI). Amendments which allow 100 percent of buildings in the C-1 and E-1 zones to be used
for housing will likely be considered a significant change from the employment land use designation
under the State’s administrative rules.
A
s a result, it is Staff’s understanding that the 2007 EOA would need to be updated to evaluate whether
there would remain an adequate supply of employment lands to address Ashland’s future economic and
job needs to justify making code amendments that allow the entire building or development to be used
for residential purposes in the C-1 and E-1 zones. The Chamber of Commerce is presently working with
ECONorthwest to develop a Economic Diversification Strategyreport which may inform the discussion
around employment land needs. Although this was anticipated to be available in May of this year the
City has not yet received a final report from the Chamber.
Next Steps
Review potential code options at a Planning Commission study session following receipt of the
Economic Diversification study from the Ashland Chamber of Commerce, and forward
recommendations to the City Council for consideration.
DEPT. OF COMMUNITY DEVELOPMENTTel: 541-488-5305
20 E. Main StreetFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
ORDINANCE NO. 3205
1
2
AN ORDINANCE AMENDING CHAPTERS 18.2.3, 18.2.6 AND 18.3.13 OF THE
3
ASHLAND LAND USE ORDINANCE REGARDING ALLOWANCES FOR
4
RESIDENTIAL USES IN MIXED-USE BUILDINGS AND DEVELOPMENTS IN THE
5
6COMMERCIAL AND EMPLOYMENT ZONES.
7
8
deletionsadditions
Annotated to show and to the code sections being modified. Deletions
9
boldlined throughbold underline
are and additions are in .
10
11
W
HEREAS
, Article 2. Section 1 of the Ashland City Charter provides:
12
Powers of the CityThe City shall have all powers which the constitutions, statutes, and
13
common law of the United States and of this State expressly or impliedly grant or allow
14
municipalities, as fully as though this Charter specifically enumerated each of those
15
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
16
shall possess all powers hereinafter specifically granted. All the authority thereof shall
17
have perpetual succession.; and
18
19
WHEREAS,
the above referenced grant of power has been interpreted as affording all legislative
20
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
21
International Ass’n of Firefighters, Local 1660, Beaverton Shop20 Or. App. 293; 531 P 2d 730,
22
734 (1975).; and
23
24
WHEREAS
, beginning in early 2020, the COVID-19 pandemic resulted in the closure of
25
businesses throughout the United States and a shift to conducting operations remotely and
26
electronically, thereby temporarily resulting in a decreasedneed foroffice and commercial
27
space; and
28
29
WHEREAS
, less demand for office space is expected to continue as some companies move to
30
smaller offices and use work from home and hybrid arrangements.; and
18
ORDINANCE NO. 3205 Page of
WHEREAS
1, prior to 2020, there was a decline in construction of large retail buildings in the
2U.S. and the e-commerce share of the retail market was increasing nationally. The COVID-19
3pandemic resulted in an even greater shift to online retail purchases.; and
4
WHEREAS,
5the City of Ashland is required to perform a housing capacity analysis every eight
6years as required by ORS 197.296 and OAR 660-0008-0045. House Bill 2003 passed in the 2019
7Oregon legislative session and amended the previously mentioned state laws and rules to require
8cities in Oregon to perform the housing capacity analysis and housing production strategy.; and
9
HEREAS,
Wthe Ashland City Council adopted the 2021-2041 Housing Capacity Analysis
10
11(HCA) on August 17, 2021 as a technical report and supporting document to the Ashland
12Comprehensive Plan. The HCA provides a number of recommended policy changes to address
13Ashland’s unmet housing needs including increasing the allowance for residential dwellings in
14commercial and employment zones and developing new housing closer to downtown and
15commercial centers to reduce dependency on automobilesfortransportation.; and
16
WHEREAS
17,the Almeda wildfire increased the regional need for affordable housing by
18destroying about 2,549 dwellings in September 2020. The Almeda fire burned from north
19Ashland to just south of Medford, with the cities of Phoenix and Talent losing the majority of
20housing. The HCA recognizedthat thelosses due to the Almeda fire increased regional need for
21
affordable housing and overall pressure on the Ashland housing market.; and
22
WHEREAS
23, amendments to the allowances for housing in the commercial and employment
24zonesare needed to provide more flexibility in the commercial and employment zones to
25respond to fluctuations and changes in the economy and demand for housing.; and
26
WHEREAS
27, the City of Ashland Planning Commission conducted on December 14, 2021 a
28duly advertised public hearing on amendments to the Ashland Land Use Ordinance concerning
29the standards relating to annexations, and following deliberations recommended approval of the
30amendments.;and
28
ORDINANCE NO. 3205 Page of
1
WHEREAS
2, the City Council of the City of Ashland conducted a duly advertised public hearing
3on the above-referenced amendments February 1, 2021.; and
4
WHEREAS
5, the City Council of the City of Ashland, following the close of the public hearing
6and record, deliberated and conducted first and second readings approving adoption of the
7Ordinance in accordance with Article 10 of the Ashland City Charter.; and
8
WHEREAS
9, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary to
10
11amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate
12factual base exists for the amendments, the amendments are consistent with the comprehensive
13plan and that such amendments are fully supported by the record of this proceeding.
14
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
15
16
SECTION 1.
17The above recitations are true and correct and are incorporated herein by this
18reference.
19
SECTION 2.
Section18.2.3.130 \[DwellingsinNon-Residential Zones – SpecialUse Standards\]
20
of the Ashland LandUse Ordinance isherebyamendedtoreadas follows:
21
22
18.2.3.130Dwellings in Non-Residential Zones
23
Where dwellings are allowed in non-residential zones, they are subject to all of the following
24
requirements.
25
A.Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13Residential
26
Overlay.
27
B.Dwellingsin the E-1 and C-1 zones shall meet all of the following standards, except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
28
subsection 18.2.3.130.B, below. See section 18.3.14.040 for the allowed uses in the TT
29
overlay.
30
Mixed-Use Developments Outside of the Downtown Design Standards Overlay.If
1.
there is one building on a site, ground floor residential uses shall occupy not
38
ORDINANCE NO. 3205 Page of
more than 35 percent of the gross floor area of the ground floor. Where more than
1
one building is located on a site, not more than 50 percent of the total lot area
2
shall be designated for residential uses. At least 65 percent of the gross floor
3 area of the ground floor shall be designated for permitted uses and uses
permitted with special use standards, not including residential uses.
4
a.This subsection, 18.2.3.130.B.1, applies to mixed-use buildings or
Applicability.
5
developments that meet all of the following requirements.
6
i.Location. The mixed-use building or development shall be located outside
of the Downtown Design Standards overlay.
7
ii.Lot Size. The mixed-use building or development shall be located on a lot
8
that is less than 10 acres in size. Mixed-use developments located on lots
9
10 acres in size and greater shall be subject to the requirements of
subsection 18.2.3.130.B.2, below.
10
ii.Building Height. The mixed-use building shall be two or more stories in
11
height. Mixed-use buildings that are one story in height are subject to the
12
requirements of subsection 18.2.3.130.B.2, below.
13
b.
Gross Floor Area.
14
i.One Building. When a planning application is limited to one building,
residential uses may occupy up to 65 percent of the gross floor area of the
15
ground floor. At least 35 percent of the gross floor area of the ground floor
16
shall be designated for permitted uses and uses permitted with special use
standards, not including residential uses.
17
ii.More Than One Building.When a planning application includes more than
18
one building, the equivalent of at least 35 percent of the gross floor area of
19
the ground floor for all buildings shall be designated for permitted uses
and uses permitted with special use standards, not including residential
20
uses.
21
c.Residential uses shall be subject to the same setback, landscaping, and
22
design standards as for permitted uses in the underlying zone.
23
d.For the purpose of density calculations, units of less than 500 square feet of
gross habitable floor area shall count as 0.75 of a unit.
24
Mixed Use Developments Inside the Downtown Design Standards Overlay, Large
2.
25
Lots and One-Story Mixed-Use Buildings.Residential densities shall not exceed 15
26
dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C-1 zone,
and 60 dwelling units per acre in the C-1-D zone. For the purpose of density
27
calculations, units of less than 500 square feet of gross habitable floor area shall
28
count as 0.75 of a unit.
29
a.This subsection, 18.2.3.130.B.2, applies to mixed-use buildings
Applicability.
and developmentslocated in the Downtown Design Standards Overlay. In
30
addition, this subsection applies to mixed-use buildings and developments
48
ORDINANCE NO. 3205 Page of
located on lots that are 10 acresand greaterin size andto one-story mixed-use
1
buildings, whether the lot or building is located inside or outside the
2
Downtown Design Standards overlay.
3
i.Location. Mixed-usebuildings and developments located in the Downtown
Design Standard overlay shall be subject to the requirements of this
4
subsection.
5
ii.Lot Size. Mixed-use buildings and developments located on lots 10 acres
6
and greater in size shall be subject to the requirements of this subsection.
7
iii.Building Height. Mixed-use buildings that are one story in height shall be
subject to this subsection.
8
b.
Gross Floor Area.
9
i.One Building. When a planning application is limited to one building,
10
residential uses may occupy up to 35percent of the gross floor area of the
11
ground floor. At least 65percent of the gross floor area of the ground floor
shall be designated for permitted uses and uses permitted with special use
12
standards, not including residential uses.
13
ii.More Than One Building. When a planning application includes more than
14
one building, the equivalent of at least 65percent of the gross floor area of
the ground floor for all buildings shall be designated for permitted uses and
15
uses permitted with special use standards, not including residential uses.
16
3.Residential uses shall be subject to the same setback, landscaping, and design
17
standards as for permitted uses in the underlying zone.
18
4.Off-street parking is notrequired for residential uses in the C-1-D zone.
19
5.For the purpose of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
20
21
SECTION 3.
Section 18.2.6.030 \[Unified Standards for Non-Residential Zones – Standards for
22
Non-Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as
23
follows:
24
1
Table 18.2.6.030 – Standards for Non-Residential Zones
25
(Except as modified under chapter 18.5.5 Variances.)
26
Standard C-1 C-1-D E-1 M-1
27
28
1 30 du/ac60 du/ac15 du/ac
Residential Density(dwelling NA
units/acre)
No Density No Density No Density
29
MaximumMaximumMaximum
30
58
ORDINANCE NO. 3205 Page of
1
1
Table 18.2.6.030 – Standards for Non-Residential Zones
2
(Except as modified under chapter 18.5.5 Variances.)
3
Standard C-1 C-1-D E-1 M-1
4
1
where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13Residential Overlay).
5
6
Lot Area, Width, DepthThere is no minimum lot area, width or depth, or maximum lot coverage; or
minimum front, side or rear yard, except as required to comply with the special
Lot Coverage
7
18.3 or the site development and
district and overlay zone provisions of part
design standards of part 18.4.
8
There is no minimum front, side, or rear yard required, except
where buildings on the subject site abut a residential zone, in
9
which case a side of not less than 10 ft and a rear yard of not
less than 10 ft per story is required.
There is no
10
minimum front,
side, or rear
11
The solar setback standards of chapter 18.4.8 do not apply to
yard, except
structures in the C-1-D zone.
Setback Yards (feet)
20 ft where
12
adjoining a
Except for buildings within 100 feet of a residential zone, the
residential
13
solar setback standards of chapter18.4.8do not apply to
zone.
structures in the C-1 zone.
14
15
See also section18.2.4.030Arterial Street Setback.
40 ft, except:40 ft
16
-Buildings greater than 40 ft and less than 55 ft are
permitted in C-1-D zone with approval of a Conditional Use
17
2&31 & 2
Building Height –
Permit.
Maximum (feet)
18
-Where located more than 100 feet from a residential zone,
buildings greater than 40 ft and less than 55 ft are
19
permitted in C-1 zone with approval of a Conditional Use
Permit.
20
21
See definition of “height of building” in section 18.6.1.030.
32
Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for
21
mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment
review process.
22
Landscape Area –MinimumNone, except
23
parking areas and
(% of developed lot area)
service stations
24
shall meet the
standards of
25
18.4.3
chapters
15%15%10%
Parking, Access,
26
and Circulation,
and18.4.4
27
Landscaping,
Lighting,and
28
Screening.
29
SECTION 4.
Section 18.3.13.010 \[ResidentialOverlay Regulations – ResidentialOverlay\] of
30
the Ashland LandUse Ordinance isherebyamendedtoreadas follows:
68
ORDINANCE NO. 3205 Page of
1
18.3.13.010Residential Overlay Regulations
2
A.Purpose.
The Residential overlay is intended to encourage a concentration and mix of
businesses and housing that provides a variety of housing types, supports resource and
3
energy conservation, and promotes walking, bicycling, and transit use.
4
B.Applicability.
The Residential overlay applies to all property where ‘Residential Overlay’ (R)
5
is indicated on the Zoning map.
6
C.Requirements. TheDwellings in the requirements are as
Residential overlay
followsshall meet the applicable standards in section 18.2.3.130, except that
7
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
8
subsection 18.3.13.010 C, below. See section 18.3.14.040 for the allowed uses in the
TT overlayor 18.3.14.040 for the TT overlay
.
9
1.Mixed-Use Developments. If there is one building on a site, ground floor
10
residential uses shall occupy not more than 35 percent of the gross floor area of
11
the ground floor. Where more than one building is located on a site, not more than
50 percent of the total lot area shall be designated for residential uses. At least 65
12
percent of the gross floor area of the ground floor shall be designated for
13
permitted uses and uses permitted with special use standards, not including
residential uses.
14
2.Residential densities shall not exceed 15 dwelling units per acre. For the purpose
15
of density calculations, units of less than 500 square feet of gross habitable floor
16
area shall count as 0.75 of a unit.
17
3.Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the E-1 District.
18
19
SECTION 5. Codification.
In preparing this ordinance for publication and distribution, the City
20
Recordershall not alter the sense, meaning, effect, or substance of the ordinance, but withinsuch
21
limitations,may:
22
(a)
Renumber sections and parts of sections of the ordinance;
23
(b)
Rearrange sections;
24
(c)
Change reference numbers toagreewithrenumberedchapters, sections or other parts;
25
(d)
Deletereferencestorepealedsections;
26
(e)
Substitute the proper subsection, section, or chapter numbers;
27
(f)
Change capitalizationandspellingfor the purpose of uniformity;
28
(g)
Add headings for purposes of grouping like sections together foreaseofreference;and
29
(h)
Correctmanifestclerical,grammatical, or typographical errors.
30
78
ORDINANCE NO. 3205 Page of
SECTION 6.Severability.
1Eachsection of this ordinance, andanypartthereof,isseverable,
2andifanypart of this ordinance isheldinvalid by a court of competent jurisdiction, the
3remainderofthis ordinance shallremaininfullforceandeffect.
4
5The foregoing ordinance was first read by title only in accordance with Article X,
th
6 day of _________, 2022,
Section 2(C) of the City Charter on the ___
th
7and duly PASSED and ADOPTED this ___ day of _________, 2022,
8
9_______________________________
10Melissa Huhtala, City Recorder
11
12
13SIGNED and APPROVED this ___ day of _________, 2022.
14
15
16
17________________________
18Julie Akins, Mayor
19
20
21Reviewed as to form:
22
23_______________________________
24Katrina Brown, City Attorney
25
26
27
28
29
30
88
ORDINANCE NO. 3205 Page of
_________________________________
MiddleHousingLand Divisions
&Expedited Land Divisions Code
Update
Memo
DATE:
TO:
FROM:
Senior Planner
RE:
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
ADD Section 18.5.1.075 Middle Housing Land Divisions (MHLD)
Middle Housing Land Division decisions are made by the Staff Advisor using the
Expedited Land Division procedure detailed below. Middle Housing Land Divisions
may be appealed to a referee/hearings officer. Middle Housing Land Divisions are
not a land use or limited land use decision.
A.Procedural Handling. Unless the applicant requests to use the land partition
procedures in ALUO 18.5.3.030, Middle Housing Land Divisions shall be processed
under the Expedited Land Divisions procedure from ORS 197.360 to 197.380 as
detailed below:
1.Pre-Application Conference. A pre-application conference is voluntary for a
Middle Housing Land Division.
2.Application Requirements. Applications for development permits shall be
submitted upon forms established by the Staff Advisor. Applications will not
be accepted in partial submittals, and all of the following items must be
submitted to initiate completeness review:
a.Application Form and Fee. Applications for Middle Housing Land Divisions
shall be made on forms provided by the Staff Advisor. One or more property
owners of the property for which the planning action is requested, and their
authorized agent, as applicable, must sign the application. The application
shall not be considered complete unless the appropriate application fee
accompanies it.
b.Submittal Information. The application shall include all of the following
information.
i.The information requested on the application form.
ii.Drawings and supplementary materials for Preliminary Plat as required
in ALUO 18.5.3.040.B.
iii.A narrative explanation of how the application satisfies each and all of
the relevant criteria and standards in ALUO 18.5.3.140.C.1 in sufficient
detail.
iv.Additional materials necessary to demonstrate compliance with the
v.Information demonstrating compliance with all prior approvals and
conditions of approval for the parent lot or parcel, as applicable.
3.Completeness review. The Staff Advisor shall review the application
submittal and advise the applicant in writing whether the application is
complete or incomplete within twenty-one (21) calendar days after the city
receives the application submittal.
a.Incompleteness shall be based solely on failure to pay required fees, failure
evelopment
standards, or failure to supply the required submittal information and shall
not be based on differences of opinion as to the quality or accuracy of the
information provided. Determination that an application is complete
indicates only that the application contains the information necessary for a
qualitative review of compliance with the applicable criteria and standards.
b. If the application was complete when first submitted or the applicant
submits the additional information within 180 days of the date the
application was first submitted, approval or denial of the application shall
be based upon the applicable criteria and standards that were in effect at
the time the application was first submitted.
c. If an application is incomplete, the completeness notice shall list what
information is missing and allow the applicant to submit the missing
information. The completeness notice shall include a form, designed to be
returned to the Staff Advisor by the applicant, indicating whether or not the
applicant intends to amend or supplement the application. For purposes of
computation of time under this section, the application shall be deemed
complete on the date the applicant submits the requested information or
refuses in writing to submit it.
4. Notification.
a. Mailing of Notice of Application. The Staff Advisor shall provide written
notice of the receipt of the completed application for a Middle Housing Land
division to:
i.The applicant and/or authorized representative.
ii.The owner(s) of record of the subject property.
iii.Neighborhood group(s) or community organization(s) officially
recognized by the City whose boundaries include or are within one
hundred (100) feet of the subject property.
iv.Owners of record for properties located within one hundred (100) feet
of the perimeter of the subject property.
v.Affected city departments, governmental agencies or special districts
responsible for providing public facilities or services which is entitled to
notice under an intergovernmental agreement with the City which
includes provision for such notice or is otherwise entitled to such notice.
b. Content of Notice of Application. The notice of application shall include all
of the following:
i.The street address or other easily understood geographical reference to
the subject property.
ii.A summary of the proposal.
iii.The time and place where copies of all evidence submitted by the
applicant will be available for review.
iv.The applicable criteria for the decision, listed by commonly used citation.
v.The name and telephone number of a local government contact person.
vi.A brief summary of the local decision-making process for the Middle
Housing Land Division.
vii.A statement that issues that may provide the basis for an appeal to the
hearings officer must be raised in writing prior to the expiration of the
comment period;
viii.A statement that issues must be raised with sufficient specificity to
enable the local government to respond to the issue.
ix.The place, date and time that comments are due.
c.Certification of Notices. The City shall prepare an affidavit or other
certification stating the date(s) the notices were mailed and posted, which
shall be made a part of the file.
d.Comment Period. After notification according to the procedure set out
above, the Staff Advisor shall provide a 14-day period for submission of
written comments prior to the decision.
5. Decision: The Staff Advisor shall make a decision to approve or deny the
application within 63 days of receiving a completed application, based on
whether the application satisfies the substantive requirements of ALUO
18.5.3.140.C.
a. Approval may include conditions to ensure that the application complies
with the applicable criteria and standards for Middle Housing Land Divisions.
b. For Middle Housing Land Divisions, the Staff Advisor:
i.Shall not hold a hearing on the application; and
ii.Shall issue a written determination of compliance or
noncompliance with applicable criteria and standards for Middle
Housing Land Divisions that includes a summary statement
explaining the determination.
c. The decision shall include a statement of the facts the Staff Advisor relied
upon to determine whether the application satisfied or failed to satisfy each
applicable approval criteria.
d. Notice of the decision shall be provided to the applicant and to those who
received notice under subsection (4) of this section within sixty-three (63)
days of the date of a completed application. The notice of decision shall
include:
i.The summary statement described in (5)(b) of this subsection;
and
ii.An explanation of appeal rights under ORS 197.375 (Appeal of
decision on application for expedited land division).
6. Appeals:
shall be made as follows:
a.An appeal must be filed within fourteen (14) days of mailing of the notice
of the decision and be accompanied by a $300 deposit toward the cost of
an appeal hearing. This deposit shall be refunded if the appellant materially
shall assess the cost of the appeal in excess of the deposit for costs, up to
a maximum of $500, against an appellant who does not materially improve
his or her position from the decision of the Staff Advisor.
b.A decision may be appealed by:
i.The applicant.
ii.Any person or organization who filed written comments within the 14-
day comment period.
c.An appeal shall be based solely on allegations:
i.Of violation of the substantive provisions of the applicable criteria and
standards;
ii.Of the unconstitutionality of the decision;
iii.That the application is not eligible for review as a Middle Housing Land
Division under ALUO 18.5.3.140 or as an Expedited Land Division under
ORS 197.360 to 197.380 and should instead be reviewed as a land use
decision or limited land use decision; or
iv.judiced
by an error in procedure.
d.
appeals of a decision made under this section and ORS 197.360 and
197.365.
e. Within seven days of receiving the appeal, the City, on behalf of the
hearings officer, shall notify the applicant, the appellant if other than the
applicant, any person or organization entitled to notice under ALUO
18.5.1.075.D.4.a that provided written comments to the local government
and all providers of public facilities and services entitled to notice under
ALUO 18.5.1.075.D.4.a and advise them of the manner in which they may
participate in the appeal. A person or organization that provided written
comments to the local government but did not file an appeal under
subsection (6) of this section may participate only with respect to the issues
raised in the written comments submitted by that person or organization.
The hearings officer may use any procedure for decision-making consistent
with the interests of the parties to ensure a fair opportunity to present
information and argument. The hearings officer shall provide the local
government an opportunity to explain its decision but is not limited to
reviewing the local government decision and may consider information not
presented to the local government.
f. The hearings officer shall apply the substantive requirements of ALUO
18.5.3.140.C and ORS 197.360. If the hearings officer determines that the
application does not qualify as an Expedited Land Division under ORS
197.360 or a Middle Housing Land Division under ALUO 18.5.3.140, the
hearings officer shall remand the application for consideration as a land use
decision or limited land use decision. In all other cases, the hearings officer
shall seek to identify means by which the application can satisfy the
applicable requirements.
g. The hearings officer shall not reduce the density of the land division
application.
h. The hearings officer shall make a written decision approving or denying the
application or approving it with conditions designed to ensure that the
application satisfies the applicable criteria and standards, within 42 days of
the filing of an appeal. The hearings officer shall not remand the application
to the local government for any reason other than as set forth in this
subsection.
i. Unless the City Council finds exigent circumstances, a hearings officer who
fails to issue a written decision within 42 days of the filing of an appeal shall
receive no compensation for service as hearings officer in the appeal.
j. Notwithstanding any other provision of law, the hearings officer shall order
the local government to refund the deposit for costs to an appellant who
materially improves his or her position from the decision of the local
government. The hearings officer shall assess the cost of the appeal, up to
a maximum of $500, against an appellant who does not materially improve
his or her position from the decision of the local government. The local
government shall pay the portion of the costs of the appeal not assessed
against the appellant. The costs of the appeal include the compensation
paid the hearings officer and costs incurred by the local government, but
not the costs of other parties.
k. The Land Use Board of Appeals (LUBA) does not have jurisdiction to
consider any decisions, aspects of decisions or actions made for Middle
Housing Land Divisions under ALUO 18.5.3.140 or Expedited Land Divisions
under ORS 197.360 to 197.380.
l. Any party to a proceeding before a hearings officer under this section may
provided for review of final orders of the Land Use Board of Appeals (LUBA)
under ORS 197.850 and 197.855. The Court of Appeals shall review
decisions of the hearings officer in the same manner as provided for review
of final orders of the Land Use Board of Appeals (LUBA) in those statutes.
However, notwithstanding ORS 197.850(9) or any other provision of law,
the court shall reverse or remand the decision only if the court finds:
i.That the decision does not concern Middle Housing Land Divisions under
ALUO 18.5.3.140 or Expedited Land Divisions under ORS 197.360 and
the appellant raised this issue in proceedings before the hearings officer;
ii.That there is a basis to vacate the decision as described in ORS
36.705(1)(a) to (d), or a basis for modification or correction of an award
as described in ORS 36.710; or
iii.That the decision is unconstitutional.
ADD Section 18.5.3.140 Middle Housing Land Divisions (MHLD)
A.Purpose. The Middle Housing Land Divisions (MHLD) process seeks to provide
home ownership opportunities by allowing lots with middle housing to be divided
so that each middle housing dwelling unit is on its own lot. As used in this section,
Middle Housing Land Division
development of middle housing has been is allowed under ORS 197.758(3). For
cities with populations of between 10,000 and 25,000 such as Ashland, the middle
housing types allowed under ORS 197.758(3) is limited to duplexes. A Middle
Housing Land Division includes both a preliminary plat approval and a final plat
and is not considered a land use decision or a limited land use decision under ORS
197.015.
B.Applicability and General Requirements.
1.Lots in residential zones including R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM
zones containing duplexes permitted on or after July 1, 2022 may be divided
using the Middle Housing Land Divisions process outlined in this section.
2.The Middle Housing Land Divisions process in ALUO 18.5.3.140 shall be used
unless the applicant requests to use the standard partition procedures in ALUO
18.5.3.030.
3.The Middle Housing Land Divisions process in ALUO 18.5.3.140 may not be
used to create separate lots for Accessory Residential Units.
C.Middle Housing Land Divisions Preliminary Plat Approval Process
1.Approval Criteria. The Staff Advisor shall approve a Middle Housing Land
Division preliminary plat upon finding:
a.The parent parcel is developed with middle housing allowed under ORS
197.758(3) or the application for a Middle Housing Land Division is being
made concurrently with a building permit application for construction of
middle housing under ORS 197.758(3) on the parcel.
b.Each resulting middle housing lot or parcel shall contain no more than one
middle housing dwelling unit except for lots, parcels, or tracts proposed as
common area.
c.Accessory Residential Units (ARU) are not permitted on middle housing lots
or parcels created under this section.
d.Each lot is served with its own separate utilities.
e.All easements necessary for each middle housing dwelling unit shall be
identified on the plat. Easements shall be provided to ensure:
i.Provision of and access for maintenance and replacement of all utilities;
ii.Pedestrian access from each dwelling unit to a public or private street;
iii.All dedicated driveways, parking, common use areas or shared building
elements and dedicated common areas can be accessed and used.
f.Evidence submitted by the applicant demonstrates how buildings or
structures on the resulting lots or parcels will comply with applicable
building codes provisions relating to new property lines and,
notwithstanding the creation of new lots or parcels, how structures or
buildings located on the newly created lots or parcels will comply with the
Oregon Residential Specialty Code.
2.The Staff Advisor shall apply additional conditions to the approval of a tentative
plat for a Middle Housing Land Division to:
a.Prohibit the further division of the resulting middle housing lots or parcels.
b.Require that a notation appear on the final plat indicating that approval was
given under ALUO 18.5.3.140 Middle Housing Land Divisions.
3.The type of middle housing developed on the original parent parcel is not
altered by a Middle Housing Land Division. The newly created middle housing
lots are created within a legal parent lot solely for the purpose of providing
ownership opportunities, and these new middle housing lots are not granted
additional development rights and must be maintained to meet the criteria
appli
divided into two middle housing lots is still considered part of the original
duplex and subject to its conditions of approval.
4.Where the parent lot or parcel abuts a public street and dedication or frontage
improvements consistent with ALUO 18.4.6.040.F were not provided when the
lot or parcel was created, necessary right-of-way and street frontage
improvements shall be provided that meet the Street Design Standards.
5.The access and minimum street frontage standards in ALUO 18.2.4.010 shall
not apply to Middle Housing Land Divisions.
6.There shall be no minimum area or dimensional requirements for lots resulting
from a MHLD.
7.The Staff Advisor shall not require a final plat before building permits are
issued.
D.Middle Housing Land Divisions Final Plat
1. The final plat shall comply with the Middle Housing Land Division preliminary
plat conditions of approval.
2. The following data requirements, if applicable, shall also be shown on the final
plat.
a. All tracts of land intended to be deeded or dedicated for public use;
b. Street names as approved by the Public Works Director in accordance with
the
c. Any non-access strips.
d. A notation indicating that approval was given under ALUO 18.5.3.140
Middle Housing Land Divisions.
3.Approval Criteria. The Staff Advisor shall approve or deny the final plat for
the Middle housing land division based upon the following criteria:
a.All conditions of the Middle Housing Land Division preliminary plat approval
have been satisfied and the final plat substantially conforms to the
approved Middle Housing Land Division preliminary plat approval.
b.Approved construction drawings for required public improvements have
been provided, including grading and drainage plans as applicable, and the
applicant has provided verification by the City that electric, water and
sanitary sewer services are available to every lot depicted on the plat.
c.An approved security instrument is provided to guarantee completion of
any required public improvements that have not been completed and
accepted by the City.
d.The plat contains a dedication to the public of all required public
improvements, including but not limited to public streets and any public
utility easements, and all required streets, accessways, easements, and
other dedications or reservations are shown on the plat.
e.The applicant has furnished acceptable copies of any applicable Covenants,
asements, maintenance
agreements (e.g., landscaping, utilities, tree preservation, common areas,
access, parking, etc.), and other documents pertaining to common
improvements recorded and referenced on the plat.
f.The format of the plat shall conform to ORS 92, and shall incorporate the
preliminary plat information in ALUO 18.5.3.040.B.
g.The plat contains an affidavit by the surveyor who surveyed the land,
represented on the plat to the effect the land was correctly surveyed and
marked with proper monuments as provided by ORS 92, indicating the
initial point of the survey, and giving the dimensions and kind of such
monument and its reference to some corner approved by the Jackson
County Surveyor for purposes of identifying its location.
h.A copy of any deed restrictions applicable to the partition or subdivision or
the title report.
E.Filing and Records
1.Recordation. Following review and the Staff Advisora Middle
Housing Land Division Final Plat, the applicant shall take the following actions:
a.Obtain the approval signature on the Middle Housing Land Division final plat
by the Jackson County Surveyor certifying that the final plat complies with
all applicable survey laws. Before certifying, the County Surveyor may
make any necessary field investigations to verify that the plat survey is
sufficiently accurate. If the County Surveyor determines that the plat does
not comply, the applicant shall make corrections. When the County
Surveyor determines that the plat conforms, the County Surveyor shall sign
and date the final plat.
b.A Notice of Middle Housing Land Division for each middle housing lot shall
be recorded with the County Recorder that states:
i.The middle housing lot may not be further divided.
ii.No more than one unit of middle housing may be developed on
each middle housing lot.
iii.The dwelling developed on the middle housing lot is a unit of
middle housing and is not a single attached or detached dwelling,
or any other housing type.
c.File a statement of water right and, if a water right is appurtenant, a copy
of the acknowledgment from the Water Resources Department.
d.Deliver the approved final plat and accompanying documents to the County
Recorder for recording.
e.Return a copy of the recorded final plat and Notices of Middle Housing Land
Division to the City for filing.
F.Expiration and Extensions. The final plat for a Middle Housing Land Division
shall be approved within three years of the approval of the preliminary plat, except
when extension of the preliminary plat approval is granted pursuant to ALUO
18.1.6.040