Loading...
HomeMy WebLinkAbout2023-12-12 Planning PACKET Planning CommissionAgenda 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. December 12, 2023 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.November 14, 2023 Regular Meeting b.November 28, 2023 Special Meeting 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 December 12, 2023 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/98191446530 V.UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2023-00043, 192 North Mountain Avenue VI.TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-T2-2023-00044 SUBJECT PROPERTY: 822 Oak Street OWNER / APPLICANT: Suzanne Zapf for Overlook Drive, LLC DESCRIPTION: A request for Outline and Final Plan approval for a five-lot/four-unit Performance Standards subdivision for the properties located at 822 Oak Street. The Subdivision was previously approved in 2021 and some infrastructure work has been completed, however land use approval subsequently expired. 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, an Exception to Street Standards to not install city standard street frontage improvements along Oak Street. Finally, the Page 1 of 2 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Planning CommissionAgenda application requests relief from the adopted Physical and Environmental constraints maps to reflect the topography on site and allow minor encroachment into slopes exceeding 35%. COMPREHENSIVE PLAN DESIGNATION: R-1-5; ZONING: Single Family Residential; ASSESSOR’S MAP: 39 1E 04CA; TAX LOT: 200 & 201. VII.TYPE III PUBLIC HEARING A. Recommendation of draft ordinance for Parks, Trails, and Open Space Map Update VIII.OPEN DISCUSSION IX.ADJOURNMENT Next Scheduled Meeting Date: January 9, 2024 Regular Meeting Page 2 of 2 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). 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. November 14, 2023 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. She noted that Commissioner Phillips was attending the meeting via Zoom. Commissioners Present: Staff Present: Lisa Verner Brandon Goldman, Community Development Director Doug Knauer Derek Severson, Planning Manager Eric Herron Aaron Anderson, Senior Planner Russell Phillips Michael Sullivan, Executive Assistant Susan MacCracken Jain Absent Members: Council Liaison: Kerry KenCairn Paula Hyatt (absent) Gregory Perkinson II.ANNOUNCEMENTS Community Development Director Brandon Goldman made the following announcements: The City’s new emergency shelter at 2200 Ashland Street opened on November 1, 2023. There are currently thirty unhoused persons residing there, including children. The site will also serve as an inclement weather shelter. Staff received building permit applications for the Les Schwab Tire Center and for Habitat for Humanity’s two proposed buildings in the Beach Creek Subdivision. The Ashland Parks & Recreation Department will be presenting an update to the Park, Trails, and Open Space map of the City’s Comprehensive Plan to the Commission at its November 28, 2023 meeting. The City Council will be holding a Special Meeting regarding the workplans of the City’s Commissions and Committees, where the Council will also hold an appreciation event for these groups. The December Study Session will fall on December 26, 2023. The Commission agreed to cancel the meeting. The annual Planning Commission update to Council will be held on March 4, 2023. Page 1 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 3 Planning CommissionMinutes III.CONSENT AGENDA 1.Approval of Minutes a.October 10, 2023, Regular Meeting Commissioners Knauer/Herron m/s to approve the consent agenda as presented. Voice Vote: All AYES. Motion passed 5-0. IV.PUBLIC FORUM – None V.TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-T2-2023-00043 SUBJECT PROPERTY: 192 North Mountain Avenue OWNER / APPLICANT: KDA Homes, LLC DESCRIPTION: A request for a modification of the previously approved Outline Plan (PA-T3-2021-00003), and revised Final plan for the third phase of the Beach Creek Subdivision. The proposal revises the subdivision plan to include a private alley and to add one additional lot. The project is currently under construction with Phases I and II recorded and houses under construction. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR’S MAP: 39 1E 10; TAX LOT #’s: 800 Ex Parte Contact Chair Verner recused herself from participating in the discussion of this item because of her previous contact with one of the applicant’s, Mark Knox, and because she has resided in two homes developed by the owner, KDA Homes. Vice-Chair Knauer presided over this portion of the meeting. No ex parte contact or site visits were reported. Staff Presentation Senior Planner Anderson stated that the proposal is requesting a minor modification to the already approved outline plan, which would add a private alley and one additional lot to the Beach Creek subdivision. He gave a brief timeline, starting with the Commission’s approval of the original project on September 28, 2021, and ending with the current proposal’s 120-day application timeline on February 22, 2024. He noted that development would still be within the allowed density, even with the additional lot (see attachment #1). Mr. Anderson noted that staff had received comments from nearby residents during the public noticing period regarding various aspects of the project, including grading and solar access, development of affordable housing, and an existing storm drain on the property. He stated that he had met with members of the adjacent Homeowner’s Association (HOA) to discuss their solar Page 2 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 4 Planning CommissionMinutes access and setback concerns, and that there would be no changes to the number of affordable housing units proposed. Mr. Anderson stated that, per a meeting the City’s Public Works Department and the applicant’s engineer of record, the aforementioned private storm drain would need to be rehabilitated. Questions of Staff Vice-Chair Knauer asked if staff had satisfied the HOA’s concerns regarding solar setbacks. Mr. Anderson responded that they appeared to be satisfied. Commissioner MacCracken Jain asked if the proposed amendments would result in any changes to public or open spaces, and Mr. Anderson responded that they would not. Commissioner MacCracken Jain inquired if the affordable housing units would change under the new proposal. Mr. Anderson responded that the locations of the affordable housing units had not been finalized. Commissioner Herron asked if the recorded easement would benefit the 6-7 units adjacent to it, or if it would affect the whole neighborhood. Mr. Anderson stated that the easement would likely only affect the adjacent lots, and as such would not pose any potential issues. Commissioners Herron and Knauer expressed concern over parking access along the alley. Mr. Anderson responded that the alley meets the City’s parking standards. Applicant Presentation Mark Knox noted that he is retired, but had returned to help complete this project. He stated that the proposal is relatively simple and that he will reserve much of his presentation for rebuttal. Mr. Knox briefly described the circumstances that led to the proposed creation of the additional lot and alley, and that the development conforms well with the space. He stated that the findings of fact are contained within the application, and that he saw no need to request exceptions or variances. Mr. Knox stated that he met with nearby residents to address their concerns regarding solar access. He also noted that lots 44 and 48 would be used for affordable housing, and would be accessed by a driveway from Orchid Street. Questions of the Applicant Vice-Chair Knauer requested clarification regarding the orientation of lots 45 and 46 in relation to Hagen Way. Mr. Goldman responded that those lots would be accessed from Rosemary Alley, but would be facing Hagen Way. Mr. Knox added that Hagen Way will have street trees planted along it. Public Comments Laz Ayala/Mr. Ayala submitted a speaker request form but declined to comment. Sue Whiteman/Ms. Whiteman distributed an informational packet to the Commission outlining her Page 3 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 5 Planning CommissionMinutes concerns (see attachment #2). She stated that she is a member of the Ashland Village HOA adjacent to the subject property, and that her main concern is the state of the existing storm drain on the property that is not in accordance with engineering requirements. Ms. Whiteman related her repeated attempts to contact KDA Homes, which were unsuccessful, resulting in her meeting with Mr. Anderson on November 3, 2023 to discuss the drainage area, where the City determined that the storm drain was not in compliance. She added that she was able to meet with KDA Homes on November 13, 2023, regarding proposed changes to the drainage area. Ms. Whiteman stated that Ashland Village HOA had been restoring its section of Beach Creek for the last two and a half years under guidance from the state, the City, KDA Homes, and the Jackson Soil and Water Conservation District (JSWCD). She asked why KDA Homes was not being required to reseed the area surrounding the storm fall, and requested that the City provide a copy of its final inspection of the storm drain to the Ashland Village HOA. Vice-Chair Knauer asked for the location of the storm fall. Mr. Anderson responded that it is within the common area associated with Bear Creek, and that the storm drain is on private property. He added that the applicant’s engineer is working with the City’s Public Works department to ensure that all appropriate corrections are made. Commissioner MacCracken Jain asked how storm drain concern would affect the development of phase III of this project. Mr. Anderson responded that the recording of phase III would not be approved until all concerns with the subdivision have been addressed, including the storm drain. Mr. Severson added that some items from phase II are still being addressed, including landscaping near the bridge installation, and the applicant submitted a letter of credit to secure those approval criteria in order to get the phase II plat signed. Vice-Chair Knauer asked Ms. Whiteman how the status of the storm fall would affect the Ashland Village HOA, particularly in terms of erosion. Ms. Whiteman responded that it is largely an ecological concern, and that this issue was brought up by the Jackson Soil and Water Conservation District. Applicant’s Rebuttal Mr. Knox stated that he met with Ms. Whiteman and other members of the HOA on November 13, 2023 to address their concerns, and apologized for not being more available over the past four months of this project’s development. He stated that the applicant team is working with the Lomakatsi Restoration project to create a cohesive corridor along the property, and that they have planted over 400 trees as part of a fuel management program. Mr. Knox explained that they are also intending on reinforcing the sides of the storm fall and adding netting, and that this issue is currently being addressed. Vice-Chair Knauer asked if these improvements would meet Jackson County standards. Mr. Knox responded that the proposed improvements are all in accordance with engineering Page 4 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 6 Planning CommissionMinutes specifications. He informed the Commission that the applicant team donated to the HOA to assist in mitigating any possible erosion. Deliberation and Decision Vice-Chair Knauer directed attention to public comments received from the public in advance of the meeting (see attachment #3). He stated that James Jarrard had directed inflammatory remarks towards each member of the Commission, as well as Mr. Goldman and Councilor Paula Hyatt. He stated that these comments were false and despicable. Commissioners Herron/MacCracken Jain m/s to approve the application with staff’s recommendations, including a final approval by staff of the storm drain. Roll Call Vote: All AYES. Motion passed 4-0. VI.TYPE III PUBLIC HEARING A. TO CONSIDER AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE TO REMOVE AUTOMOBILE PARKING MANDATES AND AMEND PARKING STANDARDS SET FORTH IN ASHLAND MUNICIPAL CODE SECTIONS 18.2.2, 18.2.3, 18.3.14, 18.3.2, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3, 18.4.4, 18.4.6, 18.5.2, 18.5.3, 18.5.4, 18.5.5, AND 18.5.6. Chair Verner returned to preside over the remainder of the meeting. Staff Presentation Mr. Goldman described how new state guidelines that went into effect earlier this year prohibit cities from mandating parking within a half mile of public transit routes. He related how Oregon had adopted Climate-Friendly and Equitable Communities (CFEC) rules relating to parking in July, 2022, with the goal of reducing greenhouse gas emissions by promoting alternative modes of transportation. Cities were then given three options for how to adopt these rules, with the Commission and City Council directing staff to explore Option 1, which would eliminate parking mandates City-wide. This option was selected because the removal of parking mandates within a half mile of public would eliminate parking mandates for much of the City, particularly with the designation of future Climate-Friendly Areas (CFAs). Mr. Goldman briefly detailed the CFEC guidelines with regards to parking, then described amendments that the City is considering that are not required by the new state guidelines (see attachment #4). These City-specific amendments included new draft codes for the City’s ADA- accessible parking requirements; conditional use permits for excess parking; amendments to on- street parking in subdivisions; driveway separation standards; vehicular circulation width standards; and maximum grade for flag drives. Page 5 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 7 Planning CommissionMinutes Mr. Goldman outlined the timeline for adoption of the CFEC parking reforms, with the adoption of Findings at the November 28, 2023 Commission meeting, before going to the City Council on December 5 and December 19, 2023 for a first and second reading, respectively. Questions of Staff Commissioner Herron requested clarification regarding proposed accessible parking standards to Ashland Municipal Code (AMC) 18.4.3.050, which state “in cases where no parking spaces are voluntarily proposed for commercial, industrial, public use, mixed-use, and multifamily developments with three or more units, it is mandatory to provide at least one accessible parking space.” Mr. Goldman responded that this change was made to differentiate multi-family units from duplexes, single-family residential units, or even two units on one lot which would be considered multi-family units. He elaborated that an ADA-accessible parking space would not be required for a duplex. Commissioner Herron suggested that this be amended to include only residential units. Commissioner Herron noted that buildings in C-1-D zones are not required to provide parking, and asked if the proposed changes to AMC 18.4.3.050 would result in current businesses being out of compliance if they don’t offer ADA-accessible parking. Mr. Goldman responded that staff had not considered that impact, and that the Commission could make a recommendation to change this before a final decision is made by the Commission and Council. Commissioner MacCracken Jain requested clarification regarding sections of the draft ordinance that were included in the packet from the September 12 Commission meeting that were crossed out. Mr. Severson responded that the September 12, 2023 meeting presented two sets of code changes, which were combined in preparation for the current meeting. The Commission engaged in a discussion about unbundling parking spaces from rental units. Mr. Goldman noted that a decision to unbundle parking is not being included as part of the proposed amendments, and that the CFEC guidelines require that cities notify all those affected by such changes before any amendments can be made. There was general agreement among the Commission that unbundling parking should be reviewed more closely at a future date. Commissioner MacCracken Jain asked if all existing parking would be grandfathered in with the proposed changes. Mr. Goldman responded that all required parking would convert to voluntary parking, which would not be required to be maintained. Commissioner Phillips asked if existing voluntary parking could be converted to other types of buildings or areas. Mr. Goldman responded that voluntary parking areas could be considered developable land, though any such proposals would be required to undergo site review before being approved. Chair Verner closed the Public Hearing and Public Record at 8:27 p.m. Page 6 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 8 Planning CommissionMinutes Deliberation and Decision The Commission expressed anticipation in discussing unbundling parking at a later date, and also appreciation for the public comments received on this matter. Commissioners MacCracken Jain/Phillips m/s to approve staff’s proposal with the changes discussed. Roll Call Vote: All AYES. Motion passed 5-0. VII. UNFINISHED BUSINESS A. Approval of Findings for PA-APPEAL-2023-00018, 321 Clay Street. Ex Parte Contact No ex parte contact or site visits were declared. Deliberation and Decision Commissioner MacCracken Jain noted that sections 3.1 and 3.2 of the findings made mention of a partition, which is not part of original application. Mr. Severson responded that those sections should refer to the tree removal, and that this would be changed in the final draft of the findings. Commissioners MacCracken Jain/Verner m/s to approve the Findings with the corrections suggested by Commissioner MacCracken Jain. Roll Call Vote: All AYES. Motion passed 5-0. VIII.OPEN DISCUSSION Commissioner MacCracken Jain asked if the Commission needed to take any further action on the comments received by Mr. Jarrard. Mr. Goldman responded that staff believed that the accusations from Mr. Jarrard may have be made in error due to an editing mistake, because a digital copy of those letters was also received that did not include those claims. He outlined the City’s Acting City Attorney submitted a letter into the record refuting these claims, and that there should be no need for any further action. IX.ADJOURNMENT Meeting adjourned at 8:37 p.m. Submitted by, Michael Sullivan, Executive Assistant Page 7 of 7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 9 Total Page Number: 10 Total Page Number: 11 Total Page Number: 12 Total Page Number: 13 Total Page Number: 14 Total Page Number: 15 Total Page Number: 16 Total Page Number: 17 Total Page Number: 18 ˡ̅˵̃̄˹˿˾̃ˏ Total Page Number: 19 Total Page Number: 20 Total Page Number: 21 Total Page Number: 22 Total Page Number: 23 Total Page Number: 24 Total Page Number: 25 Total Page Number: 26 Total Page Number: 27 Total Page Number: 28 Total Page Number: 29 Total Page Number: 30 From:Brandon Goldman To:Doug McGeary Cc:Carmel Zahran;Michael Sullivan;Lisa Verner;Derek Severson;Paula Hyatt Subject:Jerrard Public Comment PA-T2-2023-0043 Date:Friday, November 03, 2023 3:14:40 PM Attachments:image001.png 2023-10-25_Public Comment_Jarrard - Goldman.pdf image002.png City Attorney McGeary, I am writing to address a matter of significant concern related to the public comments submitted by Mr. Jerrard on a proposed amendment to the Beach Creek Subdivision recently submitted by KDA Homes. Both the City Planning Department and individual Planning Commissioners have received correspondence from Mr. Jerrard urging the Commission not to approve the aforementioned amendment which was publicly noticed and will be presented to the Planning Commission in the coming month. These public comment letters submitted by Mr. Jerrard were received within the stipulated timeframe and will be included in the upcoming Planning Commission packets relating to the planning action. I am not reaching out to discuss Mr. Jerrard’s position on the planning application proposed but to address a specific allegation made in his letters. Mr. Jerrard asserts that the developer, KDA Homes, requested a payment of $70,000 be made by Habitat for Humanity, to me directly in connection with their affordable housing partnership. I want to clarify unequivocally that this claim is entirely false. There appears to be a critical error in his letters, as it has come to my attention that the same accusation was made against various recipients including Staff, Planning Commissioners, and the Council Liaison to the Planning Commission, with the insertion of their individual names into the text concerning the alleged payment. A snippet of the letter is below with the relevant sentence highlighted. For the record, it is my understanding that KDA Homes had indeed requested that Habitat for Humanity contribute $70,000 per lot to KDA Homes to assist with the development infrastructure costs for the affordable housing units. However, upon review, the board of Habitat for Humanity elected not to meet this request, and subsequently, KDA Homes donated two lots to Habitat for Humanity without any requirement for payment. The erroneous assertion by Mr. Jerrard that City Staff , Planning Commission members, or the Council Liaison were to be paid direct payments in relation to this subdivision is not only baseless but also damaging. There is no truth to this allegation, and I am concerned that such misinformation now part of the public record ,even if made in error, could be misconstrued as fact. To address this potential, a copy of this response clarification letter will also be included in the planning record. Total Page Number: 31 Given that the receipt of these letters could raise questions during the upcoming deliberations on the planning application, I felt it necessary to inform you of this issue promptly. It is important that both the integrity of our processes and the reputations of the individuals and entities involved are not wrongfully tarnished by such allegations. Attached please find a copy of Mr. Jerrard’s letter which was addressed to me directly and received by mail today. Should you require any further clarification on this matter or if any questions arise, please do not hesitate to reach out to me. Thank you for your attention to this important issue. Brandon Goldman, AICP Director of Community Development Pronouns: he, him, his City of Ashland Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2076 | TTY 800.735.2900 Brandon.goldman@ashland.or.us Online ashland.or.us; social media (Facebook @CityOfAshlandOregon | Twitter @CityofAshland) This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2076. cc. Carmel Zahan Lisa Verner Michael Sullivan Derek Severson Paula Hyatt Total Page Number: 32 From:Doug McGeary To:Brandon Goldman Cc:Carmel Zahran;Michael Sullivan;Lisa Verner;Derek Severson;Paula Hyatt Subject:RE: Jerrard Public Comment PA-T2-2023-0043 Date:Monday, November 06, 2023 12:50:06 PM Attachments:image002.png image003.png Dear Brandon, I appreciate our phone conversation last Friday regarding Mr. Jarrard's letter. It served as a reminder that our office had advised staff not to engage with Mr. Jarrard's repeated and confrontational comments. However, this time, his accusations have crossed a line and become part of the public record in the land use matter, necessitating a response. In his letter, Mr. Jarrard alleges that you received money from the land use applicant through one of the involved parties. While Mr. Jarrard's statement could be seen as an accusation of wrongdoing against you and others, such a significant claim should, in theory, be evident to everyone and easily refuted due to the lack of evidence or explanation. Additionally, you noted that essentially identical letters, with only the names changed, have been sent to other official parties involved in this matter. We both observed that there is an absence of spacing between your name and the dollar sign in the alleged monetary figure. This suggests a likely systemic error in inserting names in the word processing process. Such errors make the preposterousness of his claims even more evident. Considering Mr. Jarrard's history and the identical letters sent to others, it's clear that these accusations lack credibility. Rather than seeking a retraction from Mr. Jarrard, which I doubt he would provide, your response letter effectively addresses the issue and documents our stance. If you believe it would be beneficial, I'm willing to include this response in the official record for a more comprehensive review. Thank you for your attention to this matter. Douglas M McGeary Acting City Attorney City of Ashland 20 E. Main Street Ashland, Oregon 97520 (541) 552-2091 This electronic transmission contains PRIVILEGED AND CONFIDENTIAL information and is intended only for the use of the addressee(s) named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient(s), please note that any dissemination, use, distribution or copying of this communication is strictly prohibited. From: Brandon Goldman <brandon.goldman@ashland.or.us> Total Page Number: 33 Sent: Friday, November 3, 2023 3:15 PM To: Doug McGeary <doug.mcgeary@ashland.or.us> Cc: Carmel Zahran <carmel.zahran@ashland.or.us>; Michael Sullivan <michael.sullivan@ashland.or.us>; Lisa Verner <lisaverner815@icloud.com>; Derek Severson <derek.severson@ashland.or.us>; Paula Hyatt <Paula.Hyatt@council.ashland.or.us> Subject: Jerrard Public Comment PA-T2-2023-0043 City Attorney McGeary, I am writing to address a matter of significant concern related to the public comments submitted by Mr. Jerrard on a proposed amendment to the Beach Creek Subdivision recently submitted by KDA Homes. Both the City Planning Department and individual Planning Commissioners have received correspondence from Mr. Jerrard urging the Commission not to approve the aforementioned amendment which was publicly noticed and will be presented to the Planning Commission in the coming month. These public comment letters submitted by Mr. Jerrard were received within the stipulated timeframe and will be included in the upcoming Planning Commission packets relating to the planning action. I am not reaching out to discuss Mr. Jerrard’s position on the planning application proposed but to address a specific allegation made in his letters. Mr. Jerrard asserts that the developer, KDA Homes, requested a payment of $70,000 be made by Habitat for Humanity, to me directly in connection with their affordable housing partnership. I want to clarify unequivocally that this claim is entirely false. There appears to be a critical error in his letters, as it has come to my attention that the same accusation was made against various recipients including Staff, Planning Commissioners, and the Council Liaison to the Planning Commission, with the insertion of their individual names into the text concerning the alleged payment. A snippet of the letter is below with the relevant sentence highlighted. For the record, it is my understanding that KDA Homes had indeed requested that Habitat for Humanity contribute $70,000 per lot to KDA Homes to assist with the development infrastructure costs for the affordable housing units. However, upon review, the board of Habitat for Humanity elected not to meet this request, and subsequently, KDA Homes donated two lots to Habitat for Humanity without any requirement for payment. The erroneous assertion by Mr. Jerrard that City Staff , Planning Commission members, or the Council Liaison were to be paid direct payments in relation to this subdivision is not only baseless but also damaging. There is no truth to this allegation, and I am concerned that such misinformation now part of the public record ,even if made in error, could be misconstrued as fact. To address this potential, a copy of this response clarification letter will also be included in the planning record. Total Page Number: 34 Given that the receipt of these letters could raise questions during the upcoming deliberations on the planning application, I felt it necessary to inform you of this issue promptly. It is important that both the integrity of our processes and the reputations of the individuals and entities involved are not wrongfully tarnished by such allegations. Attached please find a copy of Mr. Jerrard’s letter which was addressed to me directly and received by mail today. Should you require any further clarification on this matter or if any questions arise, please do not hesitate to reach out to me. Thank you for your attention to this important issue. Brandon Goldman, AICP Director of Community Development Pronouns: he, him, his City of Ashland Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2076 | TTY 800.735.2900 Brandon.goldman@ashland.or.us Online ashland.or.us; social media (Facebook @CityOfAshlandOregon | Twitter @CityofAshland) This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2076. cc. Carmel Zahan Lisa Verner Michael Sullivan Derek Severson Paula Hyatt Total Page Number: 35 From:Kay Sandberg To:planning Cc:Aaron Anderson Subject:questions for 11/14/23 meeting Date:Monday, November 06, 2023 3:18:21 PM \[EXTERNAL SENDER\] Hello, I have a few questions for the 11/14 meeting regarding the Beach Creek development that I ask to be included in the meeting that evening... 1. What are the specific plans for affordable housing--all/only cottages? locations? all to be completed by Habitat for Humanity and if so, when (please update)? 2.What is the timeframe for phase 3; is this the parcel of field nearest the tracks? 3. Who may we contact at KDA Homes with further questionsor concerns who will be responsive to our inquiries and answer in a timely manner? 4. When will the Orchid Street entrance no longer be used for trucks and other construction vehicles (approximate date)? 5. Will the public be permitted to ask questions and make comments at the meeting? Thank you. kind regards, Kay Sandberg Total Page Number: 36 Total Page Number: 37 Total Page Number: 38 Climate Friendly Equitable Communities Planning Commission ˠ˱̂˻˹˾˷ ˢ˵˶˿̂˽ 11/14/2023 Select Options State Rules State Adopted CFEC City to select approach to Adopt Parking rules address parking under CFEC rules, and Draft Ordinance Adopted by LCDC July amendments 2022 Adopt Land Option 1 Ϻ ˕˼˹˽˹˾˱̄˵ ˱˼˼ Use changes Aimed at promoting parking mandates by December climate friendly and citywide 31, 2023 equitable urban development Option 2 Ϻ ˝˱˹˾̄˱˹˾ ̃˿˽˵ Implement parking mandates (in Statewide 20% of City) and apply implementation new detailed standards effective January 1, and performance 2023 measures CFEC Parking Reforms 2 2 Total Page Number: 39 Total Page Number: 40 Climate Friendly and Equitable Communities (CFEC) rules Aim: To help local governments in Oregon create Climate Friendly Areas (CFAs) for more housing and transportation choices, alignin˷ ̇˹̄˸ ˟̂˵˷˿˾Ͻ̃ ˂ˀ˅ˀ ˓˼˹˽˱̄˵ ˠ˿˼˼̅̄˹˿˾ Reduction Targets. CFEC rules require metropolitan cities (including Ashland) to reform in parking standards, promoting diverse development by addressing current parking standards: Eliminate parking minimums and set maximum parking allowances Mandating bike parking spaces based on development type - Cargo-Bike and Bicycle Parking graphics updated Requiring new multifamily-housing/mixed-use developments to have electrical conduit extended for Electric Vehicles to 40% of parking spots voluntarily provided. Establishes tree canopy coverage and landscaping requirements for parking lots CFEC Parking Reforms 5 Climate Friendly and Equitable Communities (CFEC) rules Eliminating mandated parking requirements Removing parking mandates gives developers the discretion to include parking based on project-specific needs and contexts, rather than following a uniform requirement. Developers can assess factors like location, target demographic, and access to public transportation to determine if parking is necessary for their project. The elimination of mandated parking removes the requirement for on-site vehicular parking ratios by use, thereby enabling property developers and landlords to voluntarily unbundle parking from housing and commercial spaces. CFEC Parking Reforms 6 Total Page Number: 41 City of Ashland specific amendments (not CFEC required) Aim: The aim of the City of Ashland's additional parking requirements, such as permitting exceptions to exceed maximum thresholds, mandating accessible parking for certain developments, and revising past parking and circulation ordinances, is to enhance flexibility, accessibility, and regulatory consistency in urban development while aligning with broader climate and community goals. CFEC Parking Reforms 7 City of Ashland specific amendments (not CFEC required) ADA-Accessible Parking Requirement: New draft code mandates at least one ADA- accessible parking space in developments where no other parking is proposed, ensuring accessibility compliance. (18.4.3.050). Where parking is proposed with a development the State Building Code stipulates the requisite number of accessible spaces required based on the size of the parking lot. CFEC Parking Reforms 8 Total Page Number: 42 City of Ashland specific amendments (not CFEC required) Conditional Use Permit for Excess Parking: Added draft code language allows applicants to request a Conditional Use Permit when demand exceeds maximums parking space allotment, offering flexibility in parking planning (18.4.3.030.B.2) CFEC Parking Reforms 9 City of Ashland specific amendments (not CFEC required) On-Street Parking in Subdivisions: Amended code language focuses on the association of on-street parking with Performance Standards Options in subdivisions, aiming to streamline and clarify parking regulations in these areas. (18.3.9.060.A) ForallPerformanceStandardsSubdivisionsinR-1zones,andforallPerformanceStandardsSubdivisionsinR-2orR-3zoneswhich createorimprovecitystreets,atleastoneon-streetparkingspaceperproposedlotshallbeprovidedwiththefollowingexceptions. 1.Whereon-streetparkingisprovidedonnewlycreatedorimprovedstreets,thetotalnumberofon-streetspacesrequired shouldnotsurpasstheavailablestreetfrontage,witheachparkingspacebeingconsideredequivalentto22feetinlength withoutinterruptionandexclusiveofdesignatedno-parkingareas. 2.StreetsoutsidetheCityofAshland'sjurisdiction,suchasthoseoverseenbytheStateofOregonDepartmentof Transportation(ODOT)orJacksonCounty,whichareimprovedbyadevelopment,arenotrequiredtoprovideon-streetparking asoutlinedinthisrequirementifprohibitedorexemptedbythegoverningjurisdiction. 3.Lotscontainingcottagehousingdevelopments,housingunitssmallerthan750squarefeet,oraffordablehousingarenot subjecttotherequirementofprovidingon-streetparkinginPerformanceStandardsSubdivisions CFEC Parking Reforms 10 Total Page Number: 43 City of Ashland specific amendments (not CFEC required) Driveway Separation Standardsˊ ˢ˵˽˿̆˵˴ ̄˸˵ ˅ˀϽ ˴̂˹̆˵̇˱̉ separation requirement on neighborhood streets for lots ̃˵̂̆˹˾˷ ̄˸̂˵˵ ˿̂ ˽˿̂˵ ̅˾˹̄̃ʼ ̂˵̄˱˹˾˹˾˷ ̄˸˵ ˂˄Ͻ ̃˵̀˱̂˱̄˹˿˾ standard for these lower order streets. (18.4.3.080.C.3.c.i) 11 City of Ashland specific amendments (not CFEC required) Vehicular Circulation Width Standards: Amended code for two-way and one-way vehicular circulation width, aligning with past variance approvals for consistency. (18.4.3.080.D.3). ˁ˅Ͻ ˂ˀϽ ˁ˅Ͻ CFEC Parking Reforms 12 Total Page Number: 44 City of Ashland specific amendments (not CFEC required) Maximum Grade for Flag Drives: Revised code to allow flag drives multiple sections to exceed a 15% grade, up to a maximum of 18%, ensuring clarity and consistency with previous variance approvals. (18.5.3.060.F ) 15-18% 15-18% 15-18% Driveway grade Driveway grade ˂ˀˀϽ ˁˀˀϽ ˁˀˀϽ Proposed Existing Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excessof 15 percent but no greater than 18 percentfor not more than provided that the cumulative length of such variances across multiple sections of the flag drive does not exceed200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5Variances. CFEC Parking Reforms 13 NEXT STEPS Planning Commission Public Hearing: 11/14 Transportation Advisory Committee: 11/16 Planning Commission Adoption of Findings: 11/28 City Council Public Hearing & First Reading: 12/05 City Council Second Reading: 12/19 Local Adoption and State Acknowledgement by 12/31/2023 CFEC Parking Reforms 14 Total Page Number: 45 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. November 28, 2023 SPECIAL 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 Kerry KenCairn Derek Severson, Planning Manager Doug Knauer Michael Sullivan, Executive Assistant Eric Herron Gregory Perkinson Russell Phillips Susan MacCracken Jain Absent Members: Council Liaison: Paula Hyatt II.ANNOUNCEMENTS Community Development Director Brandon Goldman made the following announcement: The December 26, 2023 Planning Commission Study Session has been cancelled. The City Council will be holding an event to acknowledge and show appreciation for City Commissions and Committees on December 18, 2023. III.PUBLIC FORUM - None IV.OTHER BUSINESS A. Approval of Findings for Climate-Friendly and Equitable Communities Parking Code Amendments, PA-T3-2023-00006 Commissioner Knauer noted several typos within the headers of the Findings. Mr. Goldman responded that these would be corrected before being presented to the Council. He also noted that Page 1 of 5 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 46 Planning CommissionMinutes the corrections suggested by Commissioner Phillips and the rest of the Commission at the November 14, 2023 meeting had been included in the Findings. Commissioners Herron/Knauer m/s to approve the Findings with the corrections suggested by Commissioner Knauer. Commissioners KenCairn and Perkinson attested that they had reviewed the November 14, 2023 Planning Commission meeting materials and video before casting their vote. Roll Call Vote: All AYES. Motion passed 7-0. V.OTHER BUSINESS A.Parks, Trails, and Open Space Map Update Senior Planner Derek Severson informed the Commission that the City Parks and Recreation Department had developed this Parks, Trails, and Open Space map amendment over the course of two years, which would replace the current map that was adopted in 2002. He noted that an amendment to the map was proposed in 2012, but was never adopted. Presentation Interim Parks and Recreation Director Leslie Eldridge began by outlining the development of the map update, which started with the creation of a subcommittee two years ago. This subcommittee met six-seven times and provided a recommendation to the Parks and Recreation Commission in the form of the current proposal. Ms. Elridge informed the Commission that a study conducted in 2002, which helped inform the current map, showed that the City had less land per capita than cities like Roseburg, Medford, and Klamath Falls, and sought to rectify this by acquiring land and ensuring that there was a park within one quarter miles of each resident. Ms. Eldridge stated that this target was largely achieved, and that the goal has shifted to one of conservation and preservation of land. She commented that the Croman Mill site is the only space not within a quarter mile of a park. Ms. Eldridge described the various ways in which this goal could be achieved, including the purchase of land, securing easements, and the donation of land. She mentioned that the proposed update is primarily based on the 2012 map that was never adopted, and that her team is seeking recommendations or suggestions before moving forward with adoption. She added that the map update contains redundancies, and that not all spaces within the proposal would need to be acquired in order to achieve its goal. Questions Commissioner KenCairn noted that some of the proposed areas on the map update are unnumbered, and Ms. Eldridge responded that those exclusions are based on the older map. Page 2 of 5 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 47 Planning CommissionMinutes Commissioner KenCairn pointed out that area #18 on the proposed map is privately-owned and may potentially be developed in the future. She asked if this space was included in the proposal due to its proximity to a riparian area, and Ms. Eldridge responded in the affirmative. Commissioner Perkinson expressed appreciation for the clarity of the map, and asked how the Parks and Recreation Department envisioned the integration of forest management evolving in the future. Ms. Eldridge responded that her department has a good working relationship with Chris Chambers, Forestry Division Chief of the City’s Fire and Rescue Department, and the City’s Wildfire Division which advises her department on wildfire issues, but that this relationship is not codified. She stated that her department has a small forestry program, but that it is not as extensive as the Fire and Rescue Department’s Forestry Division. Commissioner Perkinson suggested that this update could provide an opportunity for proactive messaging relating to smoke and wildfire, and recommended that this be included in the update. Commissioner Knauer asked how the conservation of the south side of Grizzly Peak falls within the scope of the Parks and Recreation Department. Ms. Eldridge responded that the view of Grizzly Peak is of value to the City, so preserving the south side of it from development was included as a goal. Commissioner Knauer asked if the proposed conservation of undeveloped areas was to protect them from future development, or if these spaces were being preserved for later recreational use. Ms. Eldridge responded that many of the spaces outlined in the map update have potential recreational use, but that the conservation of these spaces would also be considered. She stated that if the presence of pets, such as dogs, had a negative effect on local wildlife of recreational areas, then they would be prohibited from those spaces. Commissioner MacCracken Jain suggested that this topic be heavily considered as the Parks and Recreation Department becomes more involved in the conservation of land. Commissioner Knauer asked if the Parks and Recreation Department is ever in conflict with other conservation groups. Ms. Eldridge responded that she is unaware of any such conflicts, and that conservation groups are primarily interested in larger tracts of land. Commissioner MacCracken Jain inquired if the subcommittee considered the Chamber of Commerce’s concept of the City being used as a future hub for outdoor activities in the region. Ms. Eldridge responded that the use of parks as staging areas was considered, and that her team is aware of the Chamber’s Economic Diversification plan and is excited about the prospect of turning the City into a hub for outdoor recreational activities. Commissioner MacCracken Jain asked if the Rogue Valley Mountain Bike Association provided any recommendations for the map update. Ms. Eldridge responded that representatives from the Ashland Watershed Trails Association and the Ashland Woodland & Trails Association provided feedback on trails and mountain biking. City Councilor Eric Hansen also represented the mountain Page 3 of 5 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 48 Planning CommissionMinutes biking community on the subcommittee and helped develop the proposal. She stated that Councilor Hansen and herself worked with the Rogue Valley Mountain Bike Association and are aware of their sustainability plan, and believe that their interests have been represented in the proposal. Commissioner MacCracken Jain asked why the map update in 2012 was never adopted. Mr. Goldman responded that the 2012 map was largely aspirational regarding the properties it proposed be obtained for future recreational development. However, many of these properties were purchased subsequently, leaving the map outdated and rendering it largely obsolete. He added that the City’s comprehensive plan indicates that staff work with owners to acquire properties, which are pursued if the land is available. There was also a general consensus at the time that the 2012 map update did not go far enough in identifying new opportunities for the acquisition of land. Commissioner MacCracken Jain commended the aspirational aspects of the proposed map update, particularly with regards to the connectivity of existing trail systems. She suggested that more information be included regarding the future of recreation in the area and the fostering of a relationship with the Forest Service. She added that there was a typo within that document that incorrectly labeled Roca Canyon as “Roca Cannon.” Commissioner MacCracken Jain inquired if area #18, the Croman Mill Site, would be excluded from the map update. Mr. Goldman responded that it is not being excluded, but that Townmakers LLC, the group interested in purchasing and developing that property, have contacted the Parks and Recreation Department to discuss the parks and riparian area and if area #18 can be removed from the list. Commissioner MacCracken Jain requested clarification regarding the use of the designation “no fiscal impact” within the proposal. Ms. Eldridge responded that this refers to the fiscal impact of developing the plan and updating the Comprehensive Plan with the map update proposal. Commissioner Knauer directed the Commission’s attention to a public comment received by Amy Gunter which expressed concern that the proposed map update includes the property at 755 North Mountain Avenue, the inclusion of which could preclude the property from being redeveloped (see attachment #1). Commissioner Knauer asked if the proposal included any language regarding designating areas of interest to the Parks and Recreation Department that would preclude it from being redeveloped. Mr. Goldman responded that the City could seek to purchase the land or request an easement, but that the owners are not compelled to comply with that request. Commissioner KenCairn asked if there is a right-of-way (ROW) through the property in question, and if the existence of one meant that a street connection would be developed if the existing structure was removed. Mr. Goldman responded that no new dwelling could preclude that ROW access, but that the installation of a street connection would not be compulsory. Page 4 of 5 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 49 Planning CommissionMinutes Ms. Eldridge remarked that she is hoping to rework the Systems Development Charges (SDCs) taken in by the Parks and Recreation Department in the near future. She stated that they likely have not been updated within the last 20 years, and don’t appear to have a cohesive methodology in how they are calculated. Mr. Goldman stated that a draft ordinance of the proposed map update will come back to the Commission at its December 12, 2023 meeting for a recommendation to the Council. VI.OPEN DISCUSSION – None VII.ADJOURNMENT Meeting adjourned at 7:45 p.m. Submitted by, Michael Sullivan, Executive Assistant Page 5 of 5 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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 1). Total Page Number: 50 Total Page Number: 51 Total Page Number: 52 Number: 53 Page Total Number: 54 Page Total FINDINGS _________________________________ Approval of Findings for PA-T2-2023- 00043,192 North Mountain Avenue Total Page Number: 55 Total Page Number: 56 BEFORE THE PLANNING COMMISSION DECEMBER 12, 2023 IN THE MATTER OF PLANNING ACTION PA-T2-2023-00043A) REQUEST FOR A MODIFICATION OF THE PREVIOUSLY APPROVED ) OUTLINE PLAN (PA-T3-2021-00003), AND REVISED FINAL PLAN FOR ) THE THIRD PHASE OF THE BEACH CREEK SUBDIVISION. THE ) PROPOSAL REVISES THE SUBDIVISION PLAN TO INCLUDE A ) FINDINGS, PRIVATE ALLEY AND TO ADD ONE ADDITIONAL LOT. THE ) CONCLUSIONS, PROJECT IS CURRENTLY UNDER CONSTRUCTION WITH PHASES I ) AND ORDERS. AND II RECORDED AND HOUSES UNDER CONSTRUCTION.) ) OWNER & APPLICANT: KDA HOMES) ______________________________________________________________) RECITALS: 1)Tax lot #800of Map 39 1E 10 is located at 192 North Mountain Avenue,on the east side of North Mountain Avenue between the railroad tracks and Clear Creek Drive. The subject property prior to the subdivisionwasten acres in area. While both phase 1 and phase 2 have been platted the County has not yet completed the cartography work. The subject property of phase 3 is platted as Lot 27 of Phase 2 and is 4.25 Acres. 2)The applicantis requesting a modification of the previously approved Outline Plan (PA- T3-2021-00003), and revised Final plan for the third phase of the Beach Creek Subdivision. The proposal revises the subdivision plan to include a private alley and to add one additional lot. The project is currently under construction with Phases I and II recorded under construction. 3)The applicant provides the following history: “The Planning Commission and eventually the City Council approved the property’s annexation into the City in November of 2021, (PA-T3-2021-0003). The Final Plan and Site Review was approved in March of 2022 (PA-T1-2021-00173). 4)The approval criteriafor a minor modificationare provided at AMC 18.5.6.040.C and shall be approved only upon the approval authority finding that all of the following criteria are met. 1.Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial development’s parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with chapter 18.5.1. 2.A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements. PA-T2-2023-00043 December12, 2023 Page 1 Total Page Number: 57 3.The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. 5)The approval criteria for Outline Plan are provided at AMC 18.3.9.040.A.3 and shall be approved only upon the approval authority finding that all of the following criteria are met: 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. 6)The approval criteria for Final plan are provided at AMC 18.3.9.040.B.5 and shall be approved only upon the approval authority finding that all of the following criteria are met: 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. PA-T2-2023-00043 December12, 2023 Page 2 Total Page Number: 58 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. 7)The Planning Commission, following proper public notice, held a public hearingon November 14, 2023 at which time testimony was received and exhibits were presented. Subsequent to the closing of the hearing, the Planning Commission approved the Minor Modification, the Outline Plan and Final Plan approvalsubject to the existing conditions of approval from the modified action. 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, Miscellaneous Exhibits lettered with an "M" SECTION 2. FINDINGS& CONCLUSIONS 2.1The Planning Commission finds that it has received all information necessary to make a decision based on the staff report, public hearing testimony and the exhibits received. 2.2The Planning Commission finds that the proposal meets all applicable criteria fora Minor Modification to an approved plan described in AMC 18.5.6.040.C,Outline Plan approval described in AMC 18.3.9.040.A.3, and Final Plan approval described in AMC 18.3.9.040.B.5. Each of the relevant approval criteria for these actions are addressed in the sections below. 2.3.1 The Planning Commission finds that the first approval criteria for a Minor Modification is that “Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request.” The Planning Commission notes all of the relevant approval criteria are addressed in sections 2.4 and 2.5 below. The Planning Commission finds that this satisfies the first approval PA-T2-2023-00043 December12, 2023 Page 3 Total Page Number: 59 criterion. 2.3.2 The Planning Commission finds that the second approval criteria for a Minor Modification is “A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification.” The Planning Commission finds that the modification request does not seek a new or alter an existing Conditional Use Permit or seek a Variance, Administrative Variance, or Exception request.” The Planning Commission finds that the second approval criterion is satisfied. 2.3.3 The Planning Commission finds that the third approval criteria for a Minor Modification is “The approval authority shall approve, deny, or approve with conditions the application, based on written findings.” The Planning Commission notes that it is adopting written findings approving the application satisfying this approval criterion. 2.4 The Planning Commission notes that the scope of review is limited to only the relevant approval criteria to the modification request; and that the only relevant approval criterion to Outline Plan approval is “F.” 2.4.1 The Planning Commission finds approval criteria F for outline plan is “The proposed density meets the base and bonus density standards.” The Planning Commission notes that the original subdivision was 10 acres with an allowed density of 4.5/acre which totals 45 units. The Planning Commission notes several density bonuses applied to the project including conservation housing (15%), additional open space (10%), and affordable housing (up to 35%). The Planning Commission finds that this qualifies the subdivision to more a 25% bonus when only considering the open space and conservation hosing bonuses. The Planning Commission notes that the original subdivision was approved with 52 units (16% bonus density). The Planning Commission notes that in the present modification the applicant is requesting one additional unit for a total of 53. The Planning Commission notes that 53 units calculates to an 18% bonus over the allowed base density. The Planning Commission finds that 18% well within the allowed density with additional unrealized bonus density available. The Planning Commission finds that this approval criterion is satisfied. 2.4.2 The Planning Commission finds that the Outline Plan is approved, and The Planning Commission will now consider its subsequent final plan approval below. 2.5 The Planning Commission notes that the scope of review is limited to only the relevant approval criteria to the modification request; and that the only relevant approval criteria to Final Plan approval are“A” & “B” 2.5.1 The Planning Commission finds approval criteria A for Final Plan is “The number of dwelling units … in no case shall the number of units exceed those permitted in the outline plan.” The Planning Commission notes that the outline plan approval had 53 lots and concludes that the final plan also has 53 lots. The Planning Commission finds that this approval criterion is satisfied. 2.5.2 The Planning Commission finds approval criteria B for Final Plan is “The yard depths and distances between main buildings vary no more than ten percent of those shown on PA-T2-2023-00043 December12, 2023 Page 4 Total Page Number: 60 the approved outline plan.” The Planning Commission notes that the final plan is identical to the Outline Plan. The Planning Commission finds that this approval criterion is satisfied. SECTION 3. DECISION 3.1......Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal is supported by evidence contained within the whole record and is approved. The following are the conditions of approval 1)That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2)That all conditions of the original approvals (PA-T3-2021-0003 and PA-T1-2021- 00173) shall remain in effect except as specifically modified herein. 3)That a final survey plat shall be submitted for review and approval within 18 months of the final decision date of this approval. 4)That prior to the submittal of the final survey plat for the review, approval and signature of the Ashland Planning Division: a)All easements for public and private utilities, fire apparatus access, and reciprocal utility, maintenance, and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. December 12, 2023 Planning Commission Approval Date PA-T2-2023-00043 December12, 2023 Page 5 Total Page Number: 61 Total Page Number: 62 TYPE II PUBLIC HEARING _________________________________ PA-T2-2023-00044 822 Oak Street Total Page Number: 63 Total Page Number: 64 NOTICE OF APPLICATION PLANNING ACTION: PA-T2-2023-00044 SUBJECT PROPERTY: 822 Oak Street APPLICANT/OWNER: Suzanne Zapf for Overlook Drive, LLC DESCRIPTION: A request for Outline and Final Plan approval for a five-lot/four-unit Performance Standards subdivision for the properties located at 822 Oak Street. The Subdivision was previously approved in 2021 and some infrastructure work has been completed, however land use approval subsequently expired. 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, an Exception to Street Standards to not install city standard street frontage improvements along Oak Street. Finally, the application requests relief from the adopted Physical and Environmental constraints maps to reflect the topography on site and allow minor encroachment into slopes exceeding 35%.COMPREHENSIVE PLAN DESIGNATION: R-1-5; ZONING:Single Family Residential; ASSESSOR’S MAP: 39 1E 04CA; TAX LOT:200 & 201. ASHLAND PLANNING COMMISSION MEETING: TuesdayDecember 12, 2023at 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: 65 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 EastMain 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 Andersonat 541-552-2052 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). OUTLINE PLAN SUBDIVISION APPROVAL (AMC 18.3.9.040.A.3) The Planning Commission shall approve the outline plan when it finds all of the following criteria have Approval Criteria for Outline Plan. been met. 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 open space, commonareas, and unbuildable areas. d.The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e.There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f.The proposed density meets the base and bonus density standards established under this chapter. g.The development complies with the Street Standards. h.The proposed development meets the common open space standards established under section18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section18.4.4.070if approved by the City of Ashland. APPROVAL CRITERIA FOR FINAL PLAN 18.3.9.040.B.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. 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 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: 66 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 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 open space reduced below that permitted in the outline plan. EXCEPTION TO STREET STANDARDS 18.4.6.020.B.1 Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances 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. b. The exception will result in 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 safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. VARIANCE 18.5.5.050 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 besufficient 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 purposeand 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. PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.3.10.050 An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall beapproved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shallbe considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. 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 Total Page Number: 68 STAFF REPORT _________________________________ Total Page Number: 69 Total Page Number: 70 ASHLAND PLANNING DEPARTMENT STAFF REPORT December 12, 2023 PLANNING ACTION: PA-T2-2023-00044 OWNER: Overlook Drive, LLC APPLICANT: Rogue Planning & Development Services, LLC LOCATION: 822 Oak St. 391E04CA Tax Lots 200 & 201 ZONE DESIGNATION: R-1-5 COMP. PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCES: 18.2.4 General Regulations for Base Zones 18.2.5 Standards for Residential Zones 18.3.8Performance Standards Overlay 18.4.8Solar Access 18.5.1General Review Procedures 18.5.3 Land Divisions and Property Line Adjustments 18.6.1Definitions APPLICATION DATE: November 7, 2023 PUBLIC NOTICE: November 20, 2023 MEETING DATE: December 12, 2023 120-DAY DEADLINE: March 19, 2024 PROPOSAL: Arequest for Outline and Final Plan approval for a five-lot/four-unit Performance Standards subdivision for the properties located at 822 Oak Street. The subdivision was previously approved in 2021 and some infrastructure work has been completed, however the land use approval subsequently expired prior to getting the survey plat recorded. The application also includes requests for aVariance 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, and an Exception to Street Standards to not install city standard street frontage improvements along Oak Street. This variance and exception were also previously approved. Finally, the application requests ‘relief from the adopted Physical and Environmental constraints maps’ to reflect the topography on site and allow minor encroachment into slopes exceeding 35%. I.Introduction 1)Overview The application materials provide the following history “The property received approval for a largely similar subdivision in 2021. The property owner/developer’s excavation contractor was installing utilities and doing site work towards completion of the infrastructure portion of the project and compliance with the conditions of approval to achieve plat approval. There was additional geological investigation of the property for slope and soils analysis necessary to do the site work and excavation for the construction of the site infrastructure. It was then that the areas mapped as ‘severe’ constraints on the city of Ashland maps were found to be debris and Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 111 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 71 detritus fill slopes with concrete and asphalt rubble. The overburdened hillside was removed with the soils and other materials that were removed under the supervision of the project Geotechnical Expert. Following debris removal, the grades of the property were reevaluated by an Oregon Licensed Surveyor In the meantime, the previous decision expired thus a new Subdivision application is requested herein.” The previous approval was final on October 12, 2021, which was valid for 18 months. The land use approval expired on April 12, 2023, as no extension was requested by the applicant. 2)Site Description The subject properties are Tax lots #200 and #201 of Assessor Map 39 1E 04CA are vacant parcels. The current street address for the property is 822 Oak Street. The property is located on the east side of Oak Street between East Nevada Street and Sleepy Hollow Drive. The tax lots are zoned R-1-5 (Single Family Residential) and are a combined area 37,500 sq. ft. (0.86 ac.). The property has steep slopes on the eastern portion of the property. The preliminary plat for the proposed subdivision is shown above and includes the topography as it exists today following site grading that occurred following the prior approval. 3)Previous Condition of Approval As mentioned above this subdivision was previously approved in 2021. Hearings were held on Aug 10, 2021, and September 14,2021. During the hearings there was substantial discussion about potential development in slopes greater than 25% and severe constraint slopes in excess of Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 211 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 72 35%. When Planning Commission Findings and Orders were adopted on October 12, 2021, they included the following condition of approval #10b: The areas at the east edge of the property overlooking the Bear Creek floodplain corridor with slopes in excess of 35 percent are unbuildable under AMC 18.3.10.090.A.1 and shall not be included in building envelopes, as Prior to disturbance of any slopes greater than 25 proposed by the applicant. percent within the building envelopes, the applicant shall first provide a geotechnical report prepared by a geotechnical expert indicating that the site is stable for the proposed use and development. \[emphasis added\] 4)Geotechnical Studiesand Site Work The application includes a detailed Geotechnical study and a follow up memo both prepared by The Galli Group. The Galli Group Report dated Dec 12, 2021 explained the details of their th November 11 2021 site visit. It found that there was “undocumented fill consists of a mixture of the silty sands, gravels and cobbles mixed with chunks of asphalt, concrete and other construction debris and garbage.” It recommended removal of this fill and provided detailed instructions for clearing and grading. The application indicates that in addition to years of use as a dump, that when the houses that were previously on the site were demolished in 1989, and states that,“It appears that the contents of the structures and the materials within may have been discarded on the east side of the property.” In September and December of 2022 there were three Public Works Department permits issued. These permitswererelated tosewer, gas, and stormwater connections to serve the development. On January 26, of 2023, at the applicant’s request, staff met onsite to discuss their concerns about how to move forward with the application considering the previous condition of approval (10b). Staff communicated to the applicant that they should apply for a modification of the previous land use approval to move forward with the degree of excavation and grading proposed. There was no application for a modification. The follow up memo from The Galli Group is dated June 28, 2023. It details site visits through the month of May 2023 and a final visit on June 26, 2023. The report states that: “We observed all the undocumented fill at the eastern edge of the project area had been satisfactorily removed, eliminating the artificially induced, overstep slopes created by the buried manmade materials and loose soil and restoring stability of soils in this location.” And concludes: “In accordance with The Galli Group’s geotechnical recommendation, the undocumented fill at the site had been removed. This undocumented fill was full of manmade materials and loosely placed on steep slopes. The loose soils and deleterious materials, pushed over the edge of cuts and onto the native hillside, created very steep and unstable slopes on the eastern area of the parcels. The removal of the undocumented fill has restored the site to its native condition, with slopes between 25% and 30%, fully mitigating the slope Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 311 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 73 instability potential at the site. In addition, due to the removal of the undocumented fill, and the exposure of the underlying dense to very dense native soils, structures foundation may be constructed per the geotechnical report without the need for excessive over-excavation at the site.” Staff notes that with the final report from The Galli Group the stipulation in condition 10b, requiring a geotechnical report prepared by a geotechnical expert indicating that the site is stable for the proposed use and development, from the previous land use approval has been met. II.Subdivision Proposal 1)Variance & Exception to Street Standards Following the submission of the present application, the applicant reached out to the Community Development Department Director to inquire about waiving the applicationfees predicated on the previous review and approval. Upon review the Department Director determined that the site work in support of the driveway approach, including installation ofstorm drain facilities and related utility work, vested the variance as well as the exception to street standards. As such, the application fee for the variance was removed from the invoice on this application. Because the variance and exception to street standards were considered vested and are unchanged by this proposal, we do not discuss the related approval criteria for these elements of the application. 2)Performance Standards Subdivision Lot Size, base standards of the zone, etc. The prior review, in 2021, addressed in detail all of the proposed elements of the subdivsion. In summary,the subdivision request will create four new residential lots, each 50’ x 150’ (7500 sq ft), along with and a single common lot that will serve all fourresidential lots with a private access drive that is substantially complete (including associated storm drain facilities and city utility extension).As previously mentioned, the variance allowing four to be served by a private drive, the exemption from dedicating a public road, and the exception to street standards are considered vested and are not discussed further. Solar Access – a primer The purpose of Solar Access is to provide protection of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic value of solar radiation falling on structures, investments in solar energy systems, and the options for future uses of solar energy. The code provides a specific way to measure the slope * for solar setback(SSB), which adjusts the amount of setback to be a function of slope. It requires two measurements, one on each side of the property with the results then averaged. In the present case the standardprocedure creates a calculated slope that is not representative of the entire lot. *Slope, Solar Setback:A vertical change in elevation divided by the horizontal distance of the vertical change. Slope is measured along lines extending 150 feet north from the end points of a line drawn parallel to the northern lot line through the midpoint of the north-south lot dimension. North facing slopes will have negative (-) values and south facing slopes will have positive (+) values. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 411 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 74 For example, on the southernmost residential lot (Lot 1) as proposed the difference in elevation 150’ feet apartN/Sat its far western edge is 2’,on the eastern side it is 22’. The result is that applying the standard solar method would be to apply an averagecalculated slope of nearly - 0.08.It is for these reasons that this application asks to use a Performance Standard Solar Envelope. Solar Access Performance Standard When subdividing land an applicant is provided two options, either: A)“new lots shall be designed to permit the location of a 21-foot high structure with a † setback which does not exceed 50 percent of the lot's north-south lot dimension” or; B)“ a solar envelope shall be used to define the height requirements that will protect the applicablesolaraccess standard” In this proposal the applicant has presented a performance standard solar envelope (option B above) for lots 1,2 and 3 utilizing the Solar Setback Exception Standards as provided at AMC18.4.8.020.C.1, and as illustrated below. First however, the application includes the following statement regarding the northern most residentiallot (Lot 4),and it is memorialized here that: “Lot 4 will comply with the solar setback standard A that applies to the northern property line as the property to the north is outside of the subdivision development.” This means that when a building permit for Lot 4 is submitted it will need to demonstrate that it meets Solar Setback A.Staff has analyzed the City GIS topography and measured a slope of -.03 on the western side of proposed Lot 4 and -.13 slope on the eastern side. These average for a slope of -.08. The standard for calculating Solar Setback (SSB) from the north property line is provided in the following equation SSB = (H-6)/(0.445+S), where S is slope and H is the shade producing height. To simplify the equation for a 21’ tall shade producing height the equation becomes SSB = 15/0.365 = 41’1”. In the present case, due to the nature of the site topography all four home sites have a level area at the western side, with a grade drop off toward Bear Creek along the western portion of the residential lots proposed.The application indicates all four homes will have an identical finished † This standard would require the creation of lots that have a N/S dimension of nearly82’ given the topography. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 511 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 75 st floor level. Based on these elevations and roof orientations, on December 21 at noon, the day when the sun is lowest in the sky, the shadow cast from each homewill not shade the lowest main level window locatedfour feet above finished floor elevation on the home to the north. As mentioned above the building permit for Lot 4 will be required to show compliance with Setback A. Considering the nature of the cross slope of the property, the application of the performance standard solar envelope appears to be warranted. The standard setback formula, when applied to the proposed residential lots, reveals considerable disparities in permissible heights for shadow-producing points and solar setback requirements. This is due to the significant elevation differences between the eastern and far western boundaries of each lot. The relatively flat areas designated for the homes are more effectively managed by acknowledging the finished floor levels, ensuring that windows on the first floor, situated 4 feet above the floor level, remain unshaded. Therefore, the application of the performance standard solar envelope is a suitable approach in this context in staff’s assessment. 3)Physical and Environmental Constraints Permit The application also asks for ‘relief from the Severe Constraints Standards.’ While the application does not expressly say that it is asking for an Exception to the Hillside standards it has addressed the second, third and fourth approval criteria in their application immediately following the Physical and Environmental Constraints (P&E) approval criteria. Based on the inclusion of these responses to the approval criteria for an exception, staff understands that the applicant is requesting an exception to allow a portion of the building envelope on Lot 4 to encroach on lands that, based on the applicant’s submittal, are shown to be steeper than 35% ‡ (unbuildable). The Site plan with building envelopes is shown at right (the shaded areas are presented as being severely constrained – slopes greater than 35%) The applicationincludes the exact code language and provides a response below each standard.However, where the application begins to address the exception § criteria (pg. 39) the first standard is left out.In its ‡ AMC 18.3.10.090.A.1 All development shall occur on lands defined as having buildable area. Slopes “ also AMC 18.6.1.030 Definitions greater than 35 percent shall be considered unbuildableUnbuildable ” “ Area.That portion of an existing or proposed lot that building upon is restricted by regulations. Unbuildable area includes but is not limited to required yards, easements, and flood plain corridor, hillside, and severe constraints lands as classified in section 18.3.10.060. ” § AMC 18.10.3.090.H.1 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.” Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 611 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 76 place is an argument in favor of the proposed encroachment into severely constrained lands ** suggesting that is neededto meet the statutory requirements for ‘clear and objective’ standards for ‘needed housing’. Furthermore, there is no response to the first approval criterion showing that there is difficulty in meeting the specific standard \[building envelope location\] or the ‘unique or unusual’ nature of the site. Staff understands that the applicant is suggesting that determining which lands are greater than 35% does not meet theclear or objective standard. Staff would note that it is the applicants’ site map that delineates areas of slopes greater than 35%, based on data by a professional land surveyor. LUBA has found that regulations are not clear and objective if they impose value laden or subjective analysis. LUBA has also noted that there is a safe harbor, albeit small, where †† numerical and absolute standards can be clear and objective. Staff responds that thirty-five percent is a numerical and absolute standardthat is ‘clear and objective’ and that the applicant’s surveyor has already demarcated those areas. Furthermore, and more importantly, staff contend that the relief being sought is not authorized in the code. Staff understands that the applicant believes that the standards for buildable area at AMC 18.3.10.090.A.1 allows for exceptions as provided at AMC 18.3.10.090.H. Staff responds existing that the standards allowing an exception to buildable area only applies to ‘parcels’ and it newly is the following section, part 2 (below) that provides for the building envelopes for ‘ created parcels’, at AMC 18.3.10.090.A.2 to wit: 2.Building Envelope.All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. It is this standard that the applicant is requesting an exception from in order to build a structure on slopes greater than 35%, and this passage offers no opportunity for an exception and includes the directive language of ‘shall.’ Staff communicated with the applicant and property owner on th November 20via email that it would be staff’s recommendation that “the proposed building envelopes be modified to not encroach in the area of slopes greater than 35%.” 4)Public Input Notice was posted at the property frontage and mailed to all properties within 200’ on November 20, 2023. Since that time, to the best of staff knowledge, there weretwophone calls inquiring about the project from adjacent property owners, and one email. Staff spoke with both property ** ORS 197.307(4): Except as provided in subsection (6) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing. The standards, conditions and procedures: (a)May include, but are not limited to, one or more provisions regulating the density or height of a development. (b)May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. †† “However, even if particular numerical or absolute standards are clear and objective, once one departs from the relatively small and shallow safe harbor of numerical and absolute standards, few tasks are less clear or moresubjective than attempting to determine whether a particularland use approval criterion is clear and objective. \[underline in original, footnote omitted\]” Rogue Valley Association of Realtors v. City of Ashland, 35 Or LUBA 139 (1998) (at 17) Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 711 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 77 owners and reiterated the hearing date and opportunities to submit formal comment either electronically or in person. The email was replied to answering their questions. No one has submitted a formal comment on the planning action to date. III.Procedural –Approval Criteria 1)Outline Plan AMC 18.3.9.040.a.3.Approval criteria for outline plan. The planning commission shall approve the outline planwhen it finds all of the following criteria have been met: 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. 2)Final Plan 18.3.9.040.B.5.Approval Criteria for Final Plan. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step toanother. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria: 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. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 811 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 78 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. 3)Physical & Environmental Constraints 18.3.10.050 Approval Criteria - An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A.Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B.That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C.That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. 4)Exception to the Development Standards for Hillside Lands. 18.3.10.090.H.Exception to the Development Standards for Hillside Lands. An exception under this section is not subject to the variance requirements of chapter 18.5.5, Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria: 1.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. 2.The exception will result in equal or greater protection of the resources protected under this chapter. 3.The exception is the minimum necessary to alleviate the difficulty. 4.The exception is consistent with the stated Purpose and Intent of chapter 18.3.10, Physical and Environmental Constraints Overlay, and section 18.3.10.090, Development Standards for Hillside Lands. 5)Solar Setback Exception b.The approval authority finds all of the following criteria are met. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 911 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 79 i.The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii.The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii.There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. IV.Conclusion and Recommendations Staff recommend that the Planning Commission approve the Outline and Final Plan for the subdivision including the proposed performance solar envelopes for Lots 1, 2, and 3, but deny the request to establish building envelopes in lands that are classified as severely constrained. Ifthe Planning Commission approves the application, staff recommends including the conditions of approval 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 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. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 1011 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 80 e.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. 5)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.Demonstrate compliance with the approved solar setback: That Lots 1, 2, and 3 demonstrate that any shadows cast do not exceed four feet above the finished floor elevation of the main level of a house at the south edge of the building envelope on the respective lots to their north. That Lot #4 shall have Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A. i.As memorialized above: Unless it can be demonstrated by a professional surveyor otherwise the City GIS indicates a slope of -0.03 on the western side of Lot 4 and -0.13on the eastern side. These average for a slope of - 0.08. The standard for calculating Solar Setback is provided in the following equation SSB = (H-6)/(0.445+S), where SSB is the required solar setback, S is slope and H is the shade producing height from natural - grade. To simplify the equation SSB = H6/0.365. 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. Planning Action T2-2023-00044Ashland Planning Department – Staff Report/ aa 1111 Applicant: Rogue Development for Overlook LLC Page of Total Page Number: 81 Total Page Number: 82 APPLICANT SUBMITTAL _________________________________ Total Page Number: 83 Total Page Number: 84 Total Page Number: 85 ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Total Page Number: 86 Total Page Number: 87 Total Page Number: 88 Total Page Number: 89 Total Page Number: 90 Total Page Number: 91 Total Page Number: 92 Total Page Number: 93 Total Page Number: 94 Total Page Number: 95 Total Page Number: 96 Total Page Number: 97 Total Page Number: 98 Total Page Number: 99 Total Page Number: 100 Total Page Number: 101 Total Page Number: 102 Total Page Number: 103 Total Page Number: 104 Total Page Number: 105 Total Page Number: 106 Total Page Number: 107 Total Page Number: 108 Total Page Number: 109 Total Page Number: 110 Total Page Number: 111 Total Page Number: 112 Total Page Number: 113 Total Page Number: 114 Total Page Number: 115 Total Page Number: 116 Total Page Number: 117 Total Page Number: 118 Total Page Number: 119 Total Page Number: 120 Total Page Number: 121 Total Page Number: 122 Total Page Number: 123 Total Page Number: 124 Total Page Number: 125 Total Page Number: 126 Total Page Number: 127 Total Page Number: 128 Total Page Number: 129 Total Page Number: 130 Total Page Number: 131 Section Page Total Page Number: 132 LIST OF FIGURES APPENDIX A APPENDIX B: The Galli Group Total Page Number: 133 Total Page Number: 134 The Galli Group Total Page Number: 135 The Galli Group Total Page Number: 136 Recommendations for site grading and proper methods of cut-and-fill construction are provided in the geotechnical recommendations section of this report, and it is essential these recommendations be followed closely in order to minimize slope instability, both during and after construction. Similarly, recommendations addressing surface and The Galli Group Total Page Number: 137 subsurface drainage in the project area, as well as erosion control measures, will be also be provided and must be followed during and, in some cases, after construction to maintain slope stability in the project area. In-progress grading inspections should be made during construction to note any adverse conditions which could negatively affect cut slopes or general site grading. The Galli Group Total Page Number: 138 The Galli Group Total Page Number: 139 The Galli Group Total Page Number: 140 The Galli Group Total Page Number: 141 The Galli Group Total Page Number: 142 The Galli Group Total Page Number: 143 It appears that a stripping depth of from 4 to 6 inches will be required in most areas. Redensification shall be discontinued if it starts to Ðpump upÑ the subgrade. Care must be used to not disturb prepared subgrade areas. The Galli Group Total Page Number: 144 When proofrolling, a successful test is when the tires of a loaded or partially loaded truck do not deflect the soils more t han inch. However, these are likely to have some sloughing or rockfall off the walls Some areas will likely have rockfall off deeper trenches. Please note, that while we have commented on the anticipated stability of the soil in trenches and cuts, we are not responsible for job site safety. The contractor is at all The Galli Group Total Page Number: 145 times responsible for job site safety, including worker and excavation safety. We recommend all local, state and federal safety regulations be adhered to. Please note, that while we have commented on the anticipated stability of the soil in trenches and cuts, we are not responsible for job site safety. The contractor is at all times responsible for job site safety, including excavation safety. We recommend all local, state and federal safety regulations be adhered to. The Galli Group Total Page Number: 146 Note: It is the contractor's responsibility to understand the impending weather and plan for use of structural fill that will be capable of being compacted properly and remain stable in all weather that could arise during the project construction. See Materials Specifications in Section 9.0. The contractor should use the equipment that will help gain the best compaction without damaging the subgrade. The Galli Group Total Page Number: 147 All areas which exhibit movement or compression of the rock material more than ¼ inch, under proofrolling, shall be reworked or removed and replaced as specified above. The Galli Group Total Page Number: 148 Sideslopes can ravel and slough at times. The Galli Group Total Page Number: 149 The Galli Group Total Page Number: 150 The Galli Group Total Page Number: 151 The Galli Group Total Page Number: 152 The Galli Group Total Page Number: 153 These Portland Cement Concrete (PCC) section designs assume the subgrade is the properly prepared sand and gravel. The Galli Group Total Page Number: 154 The saw cuts must be made the same day as the pour, as soon as the concrete surface will not tear during sawing; typically within 4+ hours. The Galli Group Total Page Number: 155 The Galli Group Total Page Number: 156 These Portland Cement Concrete (PCC) section designs assume the subgrade is the properly prepared. The Galli Group Total Page Number: 157 The Galli Group Total Page Number: 158 The Galli Group Total Page Number: 159 The contractor must select the type of structural fill that will be able to be placed and compacted to specified conditions during the weather conditions that can take place during the construction schedule. The Galli Group Total Page Number: 160 The Galli Group Total Page Number: 161 The Galli Group Total Page Number: 162 The Galli Group Total Page Number: 163 The Galli Group Total Page Number: 164 Earthquake Spectra, 32 Earthquake Spectra Minimum Design Loads and Associated Criteria for Buildings and Other Structures. Bulletin of the Seismological Society of America, 99 Bulletin of the Seismological Society of America, 92 Bulletin of Seismological Society of America, 98 Bulletin of the Seismological Society of America, 107 Oregon Structural Specialty Code. National Seismic Hazard Mapping. The Galli Group Total Page Number: 165 Total Page Number: 166 Total Page Number: 167 Total Page Number: 168 Total Page Number: 169 Total Page Number: 170 Total Page Number: 171 Total Page Number: 172 Total Page Number: 173 Total Page Number: 174 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 175 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 176 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 177 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 178 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 179 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 180 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 181 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 182 This information pertains only to this boring and should not be interpreted as being indicative of the site. Total Page Number: 183 Total Page Number: 184 The Galli Group Total Page Number: 185 The Galli Group Total Page Number: 186 The Galli Group Total Page Number: 187 Total Page Number: 188 The Galli Group Total Page Number: 189 The Galli Group Total Page Number: 190 Total Page Number: 191 Total Page Number: 192 Total Page Number: 193 Total Page Number: 194 Total Page Number: 195 Total Page Number: 196 Total Page Number: 197 Total Page Number: 198 Total Page Number: 199 Total Page Number: 200 Total Page Number: 201 Total Page Number: 202 Total Page Number: 203 Total Page Number: 204 Total Page Number: 205 Total Page Number: 206 Total Page Number: 207 Total Page Number: 208 Total Page Number: 209 Total Page Number: 210 Total Page Number: 211 Total Page Number: 212 Total Page Number: 213 Total Page Number: 214 Total Page Number: 215 Total Page Number: 216 Total Page Number: 217 Total Page Number: 218 Total Page Number: 219 Total Page Number: 220 Total Page Number: 221 Total Page Number: 222 Total Page Number: 223 Total Page Number: 224 Total Page Number: 225 Total Page Number: 226 Total Page Number: 227 Total Page Number: 228 Total Page Number: 229 Total Page Number: 230 Total Page Number: 231 Total Page Number: 232 Total Page Number: 233 Total Page Number: 234 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- G1 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET TITLE SHEET SUBDIVISION GRIZZLY PEAK VIEW VERIFY SCALES N RECORD DRAWINGS ASHLAND, OREGON LOCATION PROJECT VICINITY MAP ASHLAND CITY OF SHEET INDEX GRIZZLY PEAK VIEW SUBDIVISION DEVELOPER OVERALL PLAN LATITUDE: 42.207030, LONGITUDE: -122.708710 39 1E 04 CA, TL 200 SURVEYOR CONTOUR LEGEND BENCHMARK LEGEND GENERAL CONSTRUCTION NOTES GENERAL UTILITY NOTES Total Page Number: 235 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C1 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET PLAN SUBDIVISION MASTER GRADING GRIZZLY PEAK VIEW VERIFY SCALES CUTOFF SWALE MASTER GRADING PLAN CONTOUR LEGEND FINISH GRADE SCHEDULE Total Page Number: 236 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C2 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 TYPICAL SECTION 822 OAK STREET PLAN & PROFILE, SUBDIVISION PRIVATE DRIVE GRIZZLY PEAK VIEW VERIFY SCALES PRIVATE DRIVE TYPICAL SECTION (FACING EAST) PRIVATE DRIVE PROFILE PRIVATE DRIVE PLAN Total Page Number: 237 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C3 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET PLAN SUBDIVISION MASTER UTILITY GRIZZLY PEAK VIEW VERIFY SCALES 4"X4"X4"X2" PVC TEE CONNECTION DETAIL SANITARY SEWER NOTES STORMWATER SYSTEM NOTES MASTER UTILITY PLAN WATER SERVICE NOTES Total Page Number: 238 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C4 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET FACILITY DETAILS SUBDIVISION STORMWATER GRIZZLY PEAK VIEW VERIFY SCALES DETENTION CONTROL STRUCTURE SECTION DETENTION POND SECTION B-B STORMWATER DETENTION POND DETAIL DETENTION CONTROL STRUCTURE PLAN DETENTION POND SECTION A-A Total Page Number: 239 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C5 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET STANDARD DETAILS SUBDIVISION GRIZZLY PEAK VIEW VERIFY SCALES Total Page Number: 240 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- C6 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET STANDARD DETAILS SUBDIVISION GRIZZLY PEAK VIEW VERIFY SCALES Total Page Number: 241 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- B1 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET CONTROL PLAN SUBDIVISION EROSION & SEDIMENT GRIZZLY PEAK VIEW VERIFY SCALES EROSION CONTROL LEGEND EROSION & SEDIMENT CONTROL PLAN Total Page Number: 242 ELECTRONIC COPY (OVERLOOK DRIVE LLC) KAS 20-240 --------- B2 GRIZZLY PEAK VIEW SUBDIVISION ASHLAND, OR 97521 822 OAK STREET DETAILS SUBDIVISION EROSION CONTROL GRIZZLY PEAK VIEW VERIFY SCALES Total Page Number: 243 nbebsbeftjhoAzbipp/dpnnbebsbeftjhoAzbipp/dpn 652.775.8166652.775.8166 Dfousbm!Qpjou-!Ps!:8613Dfousbm!Qpjou-!Ps!:8613 XIJUF!DJUZ-!PS! 3::5!Xfmmt!Gbshp!Se3::5!Xfmmt!Gbshp!Se 2472!BWFOVF!G! Mboetdbqf!Bsdijufduvsf-!Eftjho!'!DpotvmubujpoMboetdbqf!Bsdijufduvsf-!Eftjho!'!Dpotvmubujpo Nbebsb!Eftjho!JodNbebsb!Eftjho!Jod BESJBVOOB!FBTU Total Page Number: 244 Total Page Number: 245 Total Page Number: 246 Total Page Number: 247 Total Page Number: 248 Total Page Number: 249 Total Page Number: 250 ________________________________ _ Recommendation of draft ordinance for Parks, Trails, and Open Space Map Update Total Page Number: 251 Total Page Number: 252 Total Page Number: 253 Total Page Number: 254 Total Page Number: 255 Total Page Number: 256 Total Page Number: 257 Total Page Number: 258 Total Page Number: 259 260 Number: ark k P n i rea e ta r un Rd a lan d Page o ie C trks tif Parks N Me or r in S . )o en P sion Pa to lan ill Rdd rri d rri d ae m i ld d Miles ot l rtyist e e P Term ek Coo xtenol sit st M Total ek Cor n.n. ss f te te pe rty agle M i n ac k/M op op ut Pla Ea Pla o pe E Sp ra)acrocho Cre Ad Ad 0.5 e, Cree b k e Rdt p Cre o ea ce ce City rare ong t Een d i he he Y S S s P pa lker ssonpa ilton W P erty t to rf nd N fie in t an in t l Op D an ' Scale: 1:31,680 ly NO rm ldoy L n S O n S g a N z b W l S w E inProp Helm a Y L Tolm Griz DL Ham L nti Ash f DA Bill oigina iedied aacquired RD EA y DNE pepe LIH M Cr arn, D (Herse I E WWf f k i 0) 1) 2) 3) 4) 5) 6) 7) 8) 9) i H nt ntd Od O OM E r IR M D R e L o A N (B R dede 0.25 1111111111 R e n n KD (((((((((( D in E 4 d- - - - - - - - - - R AIa Ia N I N R I DCO A TS 1 EN W A es DO 6 R D G IC R r N ME W O H E DR LAIRRINGT ROMEM NAIDNI D AC - (1) Jaquelyn St and Grizzly Dr Property ti Y C W E6 T lan AY DA - (20) Talent Irrigation Ditch Segments A per B C G TE LG I P H P NT P P AA IN T PT O S P U - (9) Willows area trail connection ace OS - (5) East Main along Bear Creek- (8) Nevada St to N Mountain Av S G n W E U A (adjacent to YMCA City Park)R R D o 0 R erm Pla y (adjacent to Helman School) P - (7) Upper Liberty St Property RL RD se R RC - (2) Upper Clay St Properties D Sp RC LL r O n OL IYS DL . H W - (6) Wrights Creek Corridor d KE a Thehe LE R AR Plan IA l TG L OTD k ace C te A City CN P E A NT en P in t W C O T A - (4) Helman St Property N A R S K e - (3) Property on Clay Stop C) L H . AKS N t FDA (Bear Creek Corridor)ace th L OSI bA Op L ce Sp PH city no O CO R) Ad SNK K R he R C N ied IODY on E n S A TKTd NB l MnO W (Railroad property) E u Sput TR o t ERY e EEE pa IOE D hD RtW in igina UCr o f ANR n in O RNI ( bypei OSC B L Cd LT5S LET NN n y NEn nt LBE t T Wu b K OToB IIAb GPNNEE NR h t PS d b S S Pu d a SKRo ied T DsW a( n. RT City 5 N Ope I d O ide E T en OR r AK A r C m S e tif R s Aquire o irpla T L s re N I R Sho Op G an VE ON L d d in enere u by C d arks q V anertie A s Idt a ed ose N iredie w O pttif S e arks T T hich TR S ndt ynd S ES NO GNIH AW roprop F s Pen N dou I F A E q aoa MJ id EE LPnppLawAA ) L L 7 IHb D S TSA R E D J T E 1 )F VA NOS y 2, 2002 dR F nE uN o d TRL bnOE 1 E huSTL tMI o u LNK Eo sh (tE rTS Y NO 5oTGN 1 IHSAE GA nW E( W TL R 5 A C TE S T OD MIL R A ERATE T S N IR T DG NAA IL YW L SE OR DGNIRP S L L T YI E KR N R TH CL D Y O DRSG D KD EW RA YNW I EE R CVD SEAR KERC D TNMLOTRE RA OVAAS N AA PR R KERC NDR C MLOTR KKEER ERC NNI ASMLOTAMLOT ZW TI YIL Y TDO WR l RCKV KWN R YD EGA OCR N EAA B Y BUSOE RY OW R CE BR S M cil Ju AY NC LD E L RCA SLKNS AW AMM KCY E D YW URCL O K E AAC N AE D O C A I A LKNL LLEPE OVR V M RBOCLN BR A G YRREBVDE BE TRBD DN A AR AS 2 VAWEI LLEBI YW AARKER M UR 3 Y E EG 1 B 05 L NEBDVR DO CWH EWKOLPPAN EYA WNG TS YLIANYON P UQAJKI K C YW SM YWOEC ADA MP A AW SW LNO I N DTLOU TE ELGN EIHSI KIA il 1, 20 L BR RY LNH y SCR H C A AOL R r LL C oun L W B R HE LRD nda L LB KO TR I T DWS B S YALCT S YALC SM YAL C T T A k ou r S YAL C ty C NE D L ated Ap D VP A E LDNE KLGT A V B EA R C T E OA N e ENJ Y es OAM A RA D R T CTKAV th S i k SSE EM Featur R T EC DA M DKL S R N P AVA AH INIL w A N Approved by the C e V A HTIMAFW AT IW M SE A I Grots VA MV S T T HT mi ENDA RRET S R S Upd R OS C WEN E L VAA R VP T an L A ZA LPCY Li SZ KRAP L O ater AE F DSRM OO SN H KRA WRP EUTS T T O T N City SG E b V A L E M Ur VRR E D VA LAMONVKC O AYIWSE RB WY W DH F R Y A R R OH VA LAM ONN J MK Y NL YAR NL YAS R RW LH r NYS O N D EC YMIVLIH ROO A TA MR A HT RCE Y AS S I NLP W TIL YE EW n R CV ENOV V W TILL B AL AA R NL Y EOD MRAH O O KS EH TC R TNUH VO T A KR e S S T Y DW R 2 RD V NE DAGS N NL A AESIDR B AP K NL LUP R U I R R VE O E B 1 AHAD RARS L YS I PSL VA ET KAWA C ARL L SN I VH YA EK YAW 8 SA T WT W E E G GT A WT TA EI EH EL TL MS 1 L L R TS OS E OUIDATSC N CCT YCR SM NC Y B SA C W N CR UPAL SEADI LCNARFW EE RO AN NEN LA LKAI S SI EAS SP 5 HD C RLLLI T E PL R A R ST M i A B SO T I N T OS RW NSE GDS RHNO O ES RN UN TDSLTT NAMNEIR BGS I IE T OED R RW W E ET I GD R DL MMN E RT NW ONS O ETS AO AIDNIEE E NV ROPLLIMI V TRR TRR NT EF L T NTD EE IR S TS ESNUS ANLAMHD A GIW N I DEBD S MIT AMHD NGIWE L NE N O LE R R R T O O TN DAE C O F I O I YO TO N L S NSW LL Y S A DR RP MLAPW ECP L C DEH AT EI O TYNT SI SSG NW W T S ECI DROFS UEGDIRBN DO US E TOENC ELRH OQIN R E OSP RE SKOR AINOFIOM MLACL P TS DA S R S TVM YT M L AT S REVAB R ES NN TA DLPE LU I A EOS DR HNOELE K V Y C RT YI IN RC KS LR W EO N LRI S I ETS DT EIFAG TS RD KRAP DEIFS ENEGALLIVAGP C D E OTC P S AOR ERD ERAUS EQSN TC M E D L EGALLIVO S TS N O LONIL R G S YR TS S C E N K-N (off map extent)R ER E S MLAPW Y A OTIREVIN KRU LR DR N T O O CDL G ADR D KCET L W L RND HT A IS ET V PONOUR T ATIU DF N S O LET A O PTWC REVIYS R KFSA SEAKLE CS LE AST NIL RBO S REA S RKLE N L LRW AAN N D N V A LP ITTUO UASA LOA YY RG YEL UDL I E W O PTE AMS A O UCNS Grizzly Peak T CKN E VA NIA T TNO T AIPO TM S SMM HPHLVA ) NIATNAUOY PO T M N K O S L SSYM N TKYK LR KVAVL VAR NIAT N P I NM U S SWEI U NT RER OA OAA R LN INK- UM L K O IC O W AD N VFM NRRY SY AO T ATD TNL )DEKE A I VA b KNE M E EU NIATN NBO NNV M N M IDUO I EI A AN K PB OBR SS CIRAW A LNME V OOTL V EEYA NIAT EHNM S VS F GOL A N SA ND 9 IBW EUOIB E L ERE N D F RRMB I N A 6 OUL VA WI NIATNR M N O N YDWP I O HM dE KT D ER LLN D MR EH ST ALLEY n MAUSATS WYD DO A NELG N R LTI CG u OL TE NILC R EA AAE N o T C TS N PPL 19 D G OSTS T d Y RD EDIR MULPTI D 1 SH h N V EA SR tn N E RE S rU K uS TMCAEB Eo W RA ESOMN o YIL AI n EUJ A T O I b D (O KLI S NNYLTTAEB LC h R T E S H 5t R E L G D V I C R u OE R T EEP N o NK WE N Rs LNTON ATP STTS E T O TADILA R S S L ( T H LAR A A T V L 5 S NG L IYE N OE T L A L SO IE AVNL NNIUQ TS C TT S TRB CIL RT TYW MSNES AIN IT TS NNL AWTS YTRI TLGOREB N ER SIT N C ILP EUT LS S A RBS YEN E NARKS HOEDI T TR AD S SOL H E VNTT TVMOTOA M AEB ASC S NALA A I ERAP A 7 YE L T AD WKSIE F CS A TNR WLLM AN TR DTS OBR SPC YSI SS OTNLL OM 8 T UO SOA RA LE TN HPLE F ATS DT S LNS C H E W WX IN STOT O OE H LOI T T LP V STC S NSIRRSO AHST O N A TAT AM HT NAM NAD TSRR LS Y N LTS NDREHS R TWREHN SSSP T HV ST EPALSORAC F SIL AF P E O RL BTE TN L T DCY AINSH SRTS IU T N LETS YERA AEKM OIATNI VSS LPOWL NSEE YLSO SSI A NTTR S YAT IONL ELSL SRE ATTW W SUTS OHAR I NSTDI 0 EK RHII KREEPL VPSH KJ NI RSLI D KRUI TAP YN HOLH FVTS OADI C KTWSR S SA A MR ID EEIUP A D IR EBI CER HA AITN EU IR RL 1 LF VAEO D EI ACTYR TS SROLYAT ATP MRO ART OPSO KS E FE TWAT SSLA V C SLS I H SDO O F L L R A F ILYW LA OL HA DN DVILLO O T T TRAL D Y D A T IL E WN NATT A 5 SS S SLGN N L A O TS MRA RE OL AHSERAGW A LA PA S TS MAHCL EOESERGRY BIEN OMPY OEH RT EI TVPL SS TTD S M S TS EI V DLRHTUGTR NNEA DRE P CORB AOS OH 1 COL CEH R L S B E NETHH YO P S 4 DT TNES W SNL RNA AET SLI TEE TV E AT S TS NNATMTS YS NMLEHS EDAEMENTRUOC IH N R E TMC DED DA SS TU RIA F R ANTRR MIS GT F S TE SDTS TSERC SERLLIHR RS T TI YN SD EAAD ASTKI POYAE AITS R REFINNEJ YNTPAHTWC E E TR YWYT D RK DNWA S SSME CC I RNIW DTI O AEA WRVP TRYIE RBV T DHT AS G UE EO VA S IROTT VN I DSA RWE L OTS ECO EARRET U EAR REI SIDGL AL RG R TSSEE LV N KT E DSSG E LAVH R IN RD N RBEL AORRD WA MNPOMAN SWSWKROF WGD L O TR T TW RI LEES T A T E E EANHVS O SR ETI A L L U S NEI LRUBV SL NH H MYOEN WEI PRD E AO S ALLMO R DS C S N EA I LR U T E R L PS LV G O T A D ATK A R U YVA EO LEO T HCIMSR J F O A R TDTS W N U S OLLIWAS A B RREWT U WA E G WE L TSTE E N I W T EV STS RA L E DGGARDTG TG LAC I N T M NA N RSI SD ED NN A E IER OL FN RR EN D T RHAA XA OS DR T OI ASTS TB TSV ODNO T P VSETU V S UN S M WRS T OTB TELON L SKEI ANT WMI SETIAR T ND N OKI CN N G CL VKCSRE AR S T LLTUE EG I IY W S LESYW T S S HTN HTENTE BAZILEL R TL GI S T S R LW O BA UH LM SBEENI GNTI T IIR A U PNH UHO ILUV ESIWGR A NAL Q T N N D LTBN R YIS E Y IT NMN ANRSTA NL T RK EA N STT ARG SRETIN LZ TS D NS E N E EO LONM OLR TWAAB GD MTGA Y S EE L S ES DIRDTNOMW BACUM T AIN L A SS WY GLAA A S AN NS TN ISNAR DVO LTS DHGIH G TR D RR AOR A C DS N END VC TS CI NECS T E C WO ID R NTNE SI E C V IS SR TM WDD EIP TS KCOR TSD S N RS LA L R 0 E DER PE TLGEW T I WN 3 RAT D PCINE CST T I NTR A D H ID A 2 ML ALNU R A A 1 T TS ATL A A C N TR L D T S R S WY SA II TNAE VR R T STS D BR S NI N DNNI IEH TT IV E AA EEB READ R R RYRD M HRNRT M EW GIC GTU NT HCKA L TWS S UNSR SRSEHE C R W T STNL YT RS E S RVEGROI VST B ND Y I S T TE I E SLPAMHW LR DI SE LEARI DTT SYR WS WD R S TLAOR RN EUNNV E S A NIWEIVNNUSO D NA LN OKWU TR DNL DH SF N A KON CN MN CSCACE AOG JURA R L TW HERS DOOO OT OL DY W FWTE G D SP CN OOW GOD DT W WAO TY SK C S I TA XRN I O ET H S FM O SA J N AK PRIM ST N M A E NLB EH 9 9RD KERC STGIRW Y A YW NOTNROHT W H G I H D R T S EPA YP 6 D O W RO A W D M D E CAN R R I E B NTS REHTARP I M D T S N N O T A R LO N H S A Number: 261 Page Total Total Page Number: 262 Total Page Number: 263 Total Page Number: 264 Number: 265 Page Total Number: 266 Page Total _________________________________ Total Page Number: 267 Total Page Number: 268 Total Page Number: 269 Total Page Number: 270 From:gshaff@gmail.com To:Parks Information Cc:Brandon Goldman;Derek Severson;Paula Hyatt Subject:11/28 Planning Commission Study Session Date:Wednesday, November 29, 2023 8:50:28 AM \[EXTERNAL SENDER\] Hi Leslie, I have a few comments and a question about the materials that were reviewed at last night’s Planning Commission study session. Foremost, I believe that there is an error on the Parks, Open Space and Trails map (p. 26 in the PC packet). More particularly, the Cottle Phillips property fronting on Terrace (labeled as property E on the map) is not developed. It is however, assessed as open space which limits its development, absent paying back taxes, and because of that, may make it an attractive acquisition for APRC. It also bears noting the the city holds a pedestrian access easement on my property (516 Herbert Street) and my neighbor’s to the east. That easement is not shown on the map but serves to provide access to the Cottle Phillips open space. I would encourage you to include easements on the map using a distinctive pattern and distinguish it from outright ownership. I believe easements are currently used in other locations to provide trail connectivity and, I expect, APRC will find easements a useful tool, in the future, to protect stream side habitats. My question relates to the use and approval of the map on page 26, showing future APRC acquisition priorities. Will the acquisition priorities be approved by Council as a part of the Comprehensive Plan amendment and, if not, when? Thank you, Gary Shaff 516 Herbert Total Page Number: 271 Total Page Number: 272 Total Page Number: 273 Total Page Number: 274