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HomeMy WebLinkAbout2021-09-14 Planning PACKET ASHLAND PLANNING COMMISSION REGULAR MEETING September 14, 2021 AGENDA I. CALL TO ORDER: 7:00 PM II. ANNOUNCEMENTS III. CONSENT AGENDA A. Approval of Minutes 1. August 10, 2021 Regular Meeting 2. August 24, 2021 Study Session IV. UNFINISHED BUSINESS V. PUBLIC FORUM VI. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA-T2-2021-00029 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 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; a Conditional Use Permit to modify a non- conforming development where the required driveway separation is not provided for an avenue (AMC 18.4.3.080.C.3.a), an Exception to Street Standards to not install city standard street frontage improvements along Oak Street, and a Street Tree Removal Permit to remove three Oak trees. COMPREHENSIVE PLAN DESIGNATION: ZONING: R-1-5;Single Family Residential; TAX LOT 39 1E 04CA;: 200 & 201. VII. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: PA-T3-2021-00003 SUBJECT PROPERTY: 192 North Mountain Avenue OWNER: The Hodgins Family Trust (Robert & Beverly Hodgins, trustees); The Mary G. Walter Living Trust (Mary G. Walter, trustee); Steve White APPLICANT: KDA Homes, LLC DESCRIPTION: A request for annexation of 7.9 acres and Outline Plan approval for a 52-unit residential subdivision for the property located at 192 North Mountain Avenue. With annexation, 7.9 acres of the ten-acre property would be brought into the city with R-1-5 Single Family Residential In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). zoning, and the entire ten-acre property would be subdivided to create 52 residential lots and eight common areas. The application also includes requests for an Exception to Street Standards to not install a parkrow planting strip with street trees on the proposed bridge over Beach Creek; a Limited Activities & Uses Permit to install a bridge over Beach Creek in order to provide street connectivity to COMPREHENSIVE PLAN DESIGNATION: ZONING: Single Family Residential;Existing City R- 1-5 & County RR-5, Proposed City R-1-5;39 1E 10;800. B. PLANNING ACTION: PA-T2-2021-00031 SUBJECT PROPERTY: 375 & 475 East Nevada Street APPLICANT: Rogue Planning & Development Services, LLC for OWNERS: Peter & Laura Schultz (owners, 375 E. Nevada St.-Tax Lot 1000), David Young (owner, 475 E. Nevada St.-Tax Lots 1100,1200 & 1300) DESCRIPTION: A request for a Minor Comprehensive Plan Map Correction to clarify the City of Urban Growth Boundary for four properties located at 375 & 475 East Nevada Street. The application asserts that there are differences in the location between the official paper maps and the current GIS maps in use by both the County and the City, and that the original scales were such that the line width could significantly alter the boundary location. The application asks to make clear that the portions of the four properties in question are within the City of Urban Growth Boundary as Residential Reserve (1.37 acres of Tax Lot 1000) and PLEASE NOTE: North Mountain Neighborhood Plan (2.08 acres of Tax Lots 1100, 1200 & 1300). The 1982 approval of applications to correct errors in the Comprehensive Plan Map by both the Ashland City Council and Jackson County Board of Commissioners as well. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential Reserve & North . ZONING: MAP: TAX LOT #: Mountain;RR-.5 & NM-MF;39 1E 04A;1000, 1100, 1200 & 1300 ***THIS ITEM HAS BEEN CONTINUED TO THE MEETING ON OCTOBER 12, 2021*** VIII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES - Draft August 10, 2021 I. CALL TO ORDER: Chair Haywood Norton called the meeting to order at 7:00 p.m. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Kerry KenCairn Derek Severson, Senior Planner Haywood Norton Dana Smith, Executive Assistant Roger Pearce Lisa Verner Absent Members: Council Liaison: Lynn Thompson Paula Hyatt II. ANNOUNCEMENTS Community Development Director Bill Molnar announced the Housing Capacity Analysis (HCA) ordinance passed unanimously at the City Council meeting on August 3, 2021. The City Council approved a letter of support to submit with a grant for the HCA housing production strategy. At the same meeting the City Council approved Planning staff and the Planning Commission to draft amendments to the annexation code. Mr. Molnar would forward the Commission a letter Craig Anderson submitted to the City Council concerned with the process to change the annexation code. The Commission would further discuss housing on employment land at the Study Session August 24, 2021. III. CONSENT AGENDA A. Approval of Minutes 1. July 13, 2021 Special Meeting Commissioner Pearce/KenCairn m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. IV.UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2021-00028, 364 Walker Avenue (Walker Elementary School) Commissioner Dawkins/Verner m/s to approve the Findings for PA-T2-2021-00028. Voice Vote: all AYES. Motion passed. V. PUBLIC FORUM - None VI.TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA-T2-2021-00029 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 Ashland Planning Commission August 10, 2021 Page 1 of 5 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; a Conditional Use Permit to modify a non-conforming development where the required driveway separation is not provided for an avenue (AMC 18.4.3.080.C.3.a), an Exception to Street Standards to not install city standard street frontage improvements along Oak Street, and a Street Tree Removal Permit to remove three Oak trees. COMPREHENSIVE PLAN DESIGNATION: R-1-5; ZONING: Single Chair Norton read aloud the rules for electronic public hearings. Ex Parte Contact Commissioner Dawkins and Verner declared no ex parte contact and one site visit. Commissioner KenCairn was familiar with the site and had no ex parte contact. Commissioner Pearce had no ex parte contact and no site visit. Chair Norton had viewed the site previous times on his own. He disclosed he was friends with the applicant. After the applicant decided to move forward with the project, they had not discussed it in any detail that could cause him to make a biased judgment. Staff Report Senior Planner Derek Severson provided a presentation (see attached): 822 Oak Street Proposal Slope & Development Pattern (South) Vicinity Map Aerial CUP Driveway North and South Preliminary Map for Outline & Final Plan Conditional Use Permit (CUP) Driveway Approval Separation Two Lage Incense Cedars to be Preserved in Exception Parkrow & Sidewalk Open Space Exception to Street Standards Driveway & Open Space Corridor Street Frontage Looking South Setback Exhibit & Tree Protection Street Frontage Looking North Grading Plan Tree Removal Permits (3) Utility Plan Photo - Base of Southernmost Oak Electrical Service Plan Undermined Erosion & Sediment Control Plan Photo - Deadwood in Canopy Conceptual Elevations Tree Commission Recommendations (August 5, 2021) Variance Street Dedication Risa Buck Issues Raised (E-mailed 822 Oak Street subject property Comments) Broader Context Staff Recommendations August 9 PC Site Visit th Slope & Development Pattern (North) Questions of Staff Commissioner Pearce asked if the applicant had agreed with the 5-foot dedication. Mr. Severson had sent the applicant the materials but had not received a response yet. Commissioner Peace wanted to ensure the replacement trees at maturity would not be in the five-foot area. Commissioner KenCairn asked why the planting plan was not part of the submittal. Mr. Severson explained it was a subdivision and not a site review application. Street tree removal requests did not typically have landscaping plans. With the change to the open space requirements, they were not required to provide open space area but were proposing to provide a substantial amount. The Commission could add a condition for a landscape plan to respond to the mitigation requirements. Commissioner KenCairn noted there were concerns for the cedar trees in proximity to the bioswale. Commissioner Verner agreed and thought the roots may be undercut by the bioswale. Commissioner Verner asked about the width of the driveway. It was supposed to be 20-feet in width with 15-feet Ashland Planning Commission August 10, 2021 Page 2 of 5 paved. She wanted to know if the driveway and bioswale could be moved south to avoid undercutting the tree roots. Mr. Severson explained the applicant could confirm but he thought there were 8-feet between the parking and the property line. Amy Gunter/Rogue Planning and Development Services/Medford, OR/ Provided a presentation: Grizzly P&E Constraints Hillside lands and Severe Constraints map 39 I 5 04CA: TL 200 and 201 USDA Soil Survey Subject Property aerial Setbacks Exhibit Preliminary Map Tree Removal & Protection Master Grading Plan Photos of the trees Master Utility Plan Preliminary Map Erosion & Sediment Control Plan Building Envelope Exhibit dedication of five feet of right of way. landscape plan. The applicant proposed submitting the landscape irrigation plan with the plat and install the open space prior to issuance of the second building permit. ed shifting the driveway south but could not, due to fire apparatus turning axis radii. Also, the driveway apron encroached onto the neighbor already. Questions of the Applicant Commissioner KenCairn asked if the applicant could narrow the bioswale until it passed the cedar trees. Ms. Gunter thought it was possible and the applicant would not have issues with that change. Commissioner Dawkins and Chair Norton wanted clarification on the Solar Setback Standard for the existing Lot 1. The applicant did not agree with staff condition changing the Solar Setback Standards for Lot 1 from Standard B to A. The applicant was proposing that Lot 1 was pre-existing with a 55-foot lot. It allowed a two-story structure with a 16-foot shadow on the north property line. When the new lots were created, it had to have a north-south dimension, whereat 50% of that dimension, the height of the structure complied with the Solar Setback Standard and would not cast a shadow more than a six-foot fence would on the north property line. The applicant wanted Lot 1 to remain at Solar Setback Standard B and allow a two-story structure there instead of changing it to Solar Setback Standard A. The original house on Lot 1 was single story. Mr. Molnar asked for clarification regarding the tree issue and the encroachment of bioswale. The utility plan showed all four electrical connection service lines going through the drip line of the trees. That might have a potential impact unless they were in a single conduit. Mr. Gunter explained she had asked the City a few times to amend the Mr. Molnar thought it could be easily located elsewhere. Ms. Gunter agreed and thought one of the conditions was submitting revised civil engineering plans because of the subdivision requirements that would include pulling the utilities out of the drip line area. Commissioner KenCairn thought it could be added as a condition of approval. Ms. Gunter addressed the solar access and explained they wanted Lot 1 to remain a Solar Setback Standard B lot and not have to come up with a solar envelope that would restrict it to a single story 12-feet from the north property line. Chair Norton asked how the applicant would react do if they were not allowed to have Lot 1 remain a Solar Ashland Planning Commission August 10, 2021 Page 3 of 5 18.4.8.030 Solar Setbacks Setback Standard B lot. Ms. Gunter thought they would have to look at to determine whether it applied to this project. It was an existing lot of record and the code explicitly spoke to what was done with new lots being created, not existing lots. Commissioner KenCairn asked how the applicant justified it becoming a new lot once it was combined with the subdivision. Ms. Gunter thought it was like having an existing two-story structure with a new parcel created on the northside of that structure. There was not always a variance required for that existing structure. If there was an existing structure on the property it would be held to Solar Setback Standard B and they created three new lots to the north. They would not be forced to make it a Solar Setback Standard A lot. They were not able to apply for the three lots and Lot 1 as an existing lot because they did not have adequate access. They would have had to make a flag lot and share the driveway. 18.4.8.040 Solar Access Performance Standard Commissioner Pearce explained that stated land division created new lots that applied to all lots in a project. Existing lots would be considered new lots. Lot 1 could not be treated separately from the new lots. Ms. Gunter responded the parcel was a legal lot of record that had a previous structure, it was not new. Commissioner KenCairn clarified that once an existing lot was brought into a project, it became a new lot. Chair Norton discussed the applicant asking for a continuance with the Commission, staff, and the applicant. The applicant agreed to a continuance. Commissioner Pearce/Verner m/s tocontinue the item to the Planning Commission meeting on September 14, 2021, at 7:00 p.m. Voice Vote: all AYES. Motion passed. VII. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: PA-T2-2021-00031 SUBJECT PROPERTY: 375 & 475 East Nevada Street APPLICANT: Rogue Planning & Development Services, LLC for OWNERS: Peter & Laura Schultz (owners, 375 E. Nevada St.-Tax Lot 1000), David Young (owner, 475 E. Nevada St.-Tax Lots 1100,1200 & 1300) DESCRIPTION: A request for a Minor Comprehensive Plan Map Correction to clarify the City of Urban Growth Boundary for four properties located at 375 & 475 East Nevada Street. The application asserts that there are differences in the location between the official paper maps and the current GIS maps in use by both the County and the City, and that the original scales were such that the line width could significantly alter the boundary location. The application asks to make clear that the portions of the four properties in question are within the City of Urban Growth Boundary as Residential Reserve (1.37 acres of Tax Lot 1000) and North Mountain Neighborhood Plan (2.08 acres of Tax Lots 1100, 1200 & 1300). PLEASE NOTE: The 1982 Ashland/Jackson County Urban Growth Boundary Comprehensive Plan Map by both the Ashland City Council and Jackson County Board of Commissioners. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential Reserve & North Mountain; ZONING: RR-.5 & NM-MF; MAP: 39 1E 04A; TAX LOT #: 1000, 1100, 1200 & 1300 . Commissioner KenCairn/Verner m/s tocontinue the item to the Planning Commission meeting on September 14, 2021, at 7:00 p.m. Voice Vote: all AYES. Motion passed. Ashland Planning Commission August 10, 2021 Page 4 of 5 B. PLANNING ACTION: PA-T3-2021-00003 SUBJECT PROPERTY: 192 North Mountain Avenue OWNER: The Hodgins Family Trust (Robert & Beverly Hodgins, trustees); The Mary G. Walter Living Trust (Mary G. Walter, trustee); Steve White APPLICANT: KDA Homes, LLC DESCRIPTION: A request for annexation of 7.9 acres and Outline Plan approval for a 52- unit residential subdivision for the property located at 192 North Mountain Avenue. With annexation, 7.9 acres of the ten-acre property would be brought into the city with R-1-5 Single Family Residential zoning, and the entire ten-acres would be subdivided to create 52 residential lots and eight common areas. The application also includes requests for an Exception to Street Standards to not install a parkrow planting strip with street trees on the proposed bridge over Beach Creek; a Limited Activities & Uses Permit to install a bridge over Beach Creek in order to provide street connectivity to North Mountain COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: Existing City R-1-5 & County RR-5, Proposed City R-1- Commissioner KenCairn/Verner m/s tocontinue the item to the Planning Commission meeting on September 14, 2021, at 7:00 p.m. Voice Vote: all AYES. Motion passed. VIII. ADJOURNMENT Meeting adjourned at 8:25 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission August 10, 2021 Page 5 of 5 o o o o o o o o o o o o o o o o o o o o o o Conceptual (Staffsupportwithmodificationstobuildingandsolar envelopes.) (Staffsupport givenslopesatrearofpropertyandadjacentdevelopmentpattern.) (StaffdoesnotbelieveaCUPisneededhere.) (Staffsupportwithr-o-wdedication,LIDagreement,gradingtocurb levelandinstallingagranitepathtosupporton-streetparking.) (Staff&TreeCommissionsupport.) ` ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES - Draft August 24, 2021 I. CALL TO ORDER: Chair Haywood Norton called the meeting to order at 7:00 p.m. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Kerry KenCairn Maria Harris, Planning Manager Haywood Norton Brandon Goldman, Senior Planner Roger Pearce Derek Severson, Senior Planner Lynn Thompson Dana Smith, Executive Assistant Lisa Verner Absent Members: Council Liaison: Paula Hyatt II. ANNOUNCEMENTS Community Development Director Bill Molnar announced the Community Development building was closed to the public due to the recent surge in covid cases. There was no change to customer service levels. Senior Planner Brandon Goldman applied for a grant to produce the Housing Production Strategy, the next phase after the Housing Capacity Analysis. If the City was awarded the grant, the project would start late September early October. ScienceWorks would host a temporary modular campus for Walker Elementary School over the next 18 months during construction on Walker Elementary School. III. PUBLIC FORUM IV.DISCUSSION ITEMS A. Housing in C-1 and E-1 Zones Planning Manager Maria Harris introduced Scott Fregonese from Fregonese Associates. She gave a recap of the Study Session on June 22, 2021. Mr. Fregonese provided a presentation: Evaluation of Ground Floor Commercial Space in the C-1 & E-1 Zones Historic permit trends for Ashland over the past 10 years Commercial Permits Permits Pulled for C-1 zones, E-1, C1-D, and Public Zones Map Commissioner Thompson asked if the permits were exclusively for commercial development and did not include mixed use development. Mr. Fregonese explained some were mixed use as well as strict commercial. Mr. Goldman added it included anything defined as a commercial permit by the building code. Buildable Lands Inventory (2019 BLI) Employment Lands map with acreage per zone Employment Lands map just C1 and E1 zones Buildable Land: Acres by Zone City of Ashland, available acreage in the C1 and E1 zones Buildable parcels and parcel size Economic Opportunities Analysis (EOA) 2007 Conclusion About Available Lands City of Bend 2.7.3245 Commercial-Ready Space Ashland Planning Commission August 24, 2021 Page 1 of 4 The Effect on Existing Mixed-Use Buildings Existing Goals, Strategies, and Plans Project Goals & Objectives Objective 1 Goals that Apply to this Objective Project Goals & Objectives Objective 2 Goals that Apply to this Objective Project Goals & Objectives Objective 3 Goals that Apply to this Objective Zoning Recommendation: Apply to C-1 & E-1 Apply to C1 & E1 - map Parcels that are excluded Zoning Recommendation: Apply to C-1 & E-1 Other Options Considered Recommendation for Future Reevaluation of the Ordinance Example Mixed-Use Buildings Clear Creek Mixed Use example Plaza Mixed-Use example Next Steps Mr. Molnar added the plan was to have something to present to the City Council late November, early December. Commissioner Pearce wanted to know where the commercial standards would be applied for temporary residential use if it was allowed at all. Mr. Fregonese responded it would apply to any building within the designated zone and allow commercial ready residential in 35% of the ground floor. Commissioner Verner asked for clarification regarding the 100% residential on the ground floor. Mr. Fregonese clarified there would be a 35% requirement of the ground floor to be commercial space but not commercial use. There could be 100% residential on the ground floor but that 35% would be built to a commercial ready standard. If the market switched, it could still be used as a commercial space. However, once it was built to a residential standard, it would never switch back to commercial. Commissioner Thompson asked how the City would be able to change it back to commercial if there was a demand. Mr. Fregonese responded it was market driven and the City would not have control over it. The City could change the standards if necessary. Periodic reevaluations might be helpful. Another alternative was using incentives to convert space back to commercial. Commissioner KenCairn thought reevaluating and changing zoning regulations after a set time was problematic. Mr. Fregonese explained reevaluation was optional and may not end up in the final draft. Chair Norton added if there were issues, Council could hear the issues and take appropriate action without a set reevaluation. There was some confusion regarding the 100% commercial ready residential space and where it would be allowed. Ms. Harris explained the Transit Triangle would be allowed to have 100% of the ground floor commercial ready residential. For the rest of the C-1 and E-1 zones, instead of 65% non-residential, it would change to 35%. The design standard still needed to be refined. The concept of using the entire ground floor as residential was being recommended for just the Transit Triangle. They were proposing to shift what was currently in place for the Transit Triangle to the C-1 and E-1 Zones. Commissioner Pearce was concerned about what would be allowed regarding the 100% residential in commercial space. He agreed with Chair Norton and Commissioner KenCairn that a sunset clause was not needed. Mr. Molnar explained they would look at objectives in the next phase. In the Transit Triangle Overlay, some things could be handled with minimum density, and no maximums. Also, facades along the street were still in the detailed site review zone. There would be clear and objective standards for the floor space. Ashland Planning Commission August 24, 2021 Page 2 of 4 Mr. Fregonese added the Transit Triangle was requiring rental units only, no condominiums were allowed. Mr. Goldman further added in the Transit Triangle, the maximum floor area ratio (FAR) allowed for smaller units. The minimum density requirement for C-1 at 30 units per acre and 15 units per acre for E-1 precluded large single-family structures on multiple stories. Ms. Harris noted they would also use a minimum FAR. It was currently in place in the detail site review. Mr. Molnar explained it was important to have three objectives as they looked at geographic areas. Allowing 100% residential in the Transit Triangle recognized the difficulty of redevelopment in that area. Not allowing it on a parcel of 10 acres or greater was in recognition that businesses wanted to relocate to the downtown and employees wanted to take advantage of working downtown. They also wanted larger parcels that could accommodate different types of local business in the future. Commissioner Thompson asked what flexibility the City had for larger parcels in the urban growth boundary (UGB) in terms of annexation that will and will not apply. Ms. Harris explained there was a comprehensive plan designation for all the land in the UGB. One of the annexation criteria is that when it comes into the City, the proposed zoning is consistent with that comprehensive plan designation. Public Comment Mark Knox/KDA Homes/Ashland/ Agreed with Mr. Fregonese on all points. He asked the Commission to consider allowing 100% residential on the ground floor in certain areas outside of the Transit Triangle. He wanted the ability to propose 100% residential on the ground floor through a conditional use permit for apartment housing that could not be converted to condominiums. Currently, finance issues were extreme for commercial lending. B. Discussion of Amendments to Chapter 18.5.8 Annexations Community Director Bill Molnar and Planning Manager Maria Harris provided a presentation (see attached): Annexation Code Amendments Project Objectives Annexation Criteria Prior to 1995 Focus Areas for Code Amendments Residential Annexation Example Verde Village Photo of curbside sidewalk Residential Annexation Example Photo of sidewalk Residential Annexation Example Snowberry Brook Next Steps Public Comment Robert Kendrick/Ashland/ Was present to answer questions and respond to comments. They were waiting to submit their site plan and review the draft ordinance. He was still on board with the project at 1511 Highway 99. Mark Knox/KDA Homes/Ashland/ Clarified the date of the next Planning Commission Study Session was September 28, 2021, not September 24, 2021. without a development. He interpreted it that you can approve an exception to the annexation standards unless there was an exception process in the annexation ordinance. Having a development would not change the situation, the annexation ordinance needed to change. The annexation standards had developed over the years with good intentions but now seemed excessive and made it difficult for small parcels to annex. Smaller annexations would encounter difficulties with the Street Standards or meeting the 25% affordable housing requirements. They should fix the ordinance and not add an exception process. At the least, simplify the Transportation Standards. They could Ashland Planning Commission August 24, 2021 Page 3 of 4 require a site plan in connection with the annexation. Commissioner KenCairn agreed with Commissioner Pearce. However, that approach reversed the goal of not having a larger urban growth boundary. It would be a shift in community goals. Commissioner Thompson agreed on simplifying the annexation standards and supported requiring a site plan. It would address how to apply or not apply the other goals and objectives within a project. Commissioner KenCairn thought simplifying the ordinance made it and more difficult to negotiate. She clarified her earlier statement that the current annexation ordinance intentionally spoke to infill and no growth. Commissioner Pearce clarified affordable housing could be required in an annexation ordinance but not in a site plan. Simplifying transportation and requiring a site plan at the same time would give an applicant an idea on potential exceptions to the standard might be needed. Commissioner KenCairn thought goals needed to be included to ensure they happened. Chair Norton Haywood agreed that properties outside the city did not have exceptions and had to meet the standards to annex into the city. If they wanted to allow the exceptions, the code had to change. Until that happened, exceptions should not be allowed. Requiring a site plan with an annexation request and including an exemption clause would eliminate problems. He suggested any form of subdivision ten units or more, had to provide 15% affordable housing. Commissioner Pearce commented they could also add no affordable housing required for smaller projects. Mr. Goldman addressed the affordability standard. The total number of affordable housing units required for annexation was 4 residential units because it triggered the 25% affordability. If there were three units, the standard would not apply. He went on to address the site plan requirement. The annexation ordinance was updated with a provision for residential annexation that was residentially zoned. Under the Comprehensive Plan, it required planning action approval for an outright permitted use, special permitted use, or conditional use in conformance with the annexation request. At that time the ordinance was changed to require site review. Chair Norton preferred not making any changes to the affordable housing requirement. If requiring a site plan worked, exemptions could be considered. Mr. Molnar clarified the annexation ordinance in 1995 was a complicated process and not simple. Typically, City Councils were not experienced in land use. When an annexation came before a City Council, the key issues for the community were safety and the transportation system, areas the Council was unfamiliar with. Another issue during that time was real estate values were expanding and the community wanted annexations that would deal with affordability. Council directed staff to give them more guidance to annexations with respect to transportation improvements and affordability. Removing the transportation and affordability components from the Annexation ordinance would revert to what was in place in 1995. Currently, the affordable housing standards were solid, and it would be a challenge to change them. However, they could make transportation and requiring concurrent development clearer. V. ADJOURNMENT Meeting adjourned at 9:09 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission August 24, 2021 Page 4 of 4 Annexation Code Amendments Project Objectives !­­¤· ³¨®­ #±¨³¤±¨  ȟ0±¨®± ³® Ͷ;;ͺ Focus Areasfor Code Amendments Next Steps NEW SUBMITTALS _________________________________ PA-T2-2021-00029 822 Oak Street ROGUE PLANNING & DEVELOPMENT SERVICES, LLC September 7, 2021 City of Ashland Planning Division Attn: Planning Commission 20 E Main Street Ashland, OR 97520 Re: PA-T2-2021-00029 Dear Planning Commissioners, This letter is intended to provide additional written information for the record addressing the Solar Access Ordinance and compliance with AMC 18.4.8.040 and why it can be found that retaining the existing parcel dimensions and therefore apply the solar ordinance to the existing lot versus apply the more restrictive standards applied to new lots. There are two legal lots of record which make up the property area proposed for subdivision. 822 Oak Street (39S 1E 05AD; 201) is an existing legal lot of record/ The plot of land was created through a deed recorded with Jackson County prior to January 1, 2007, and the lot complied with the applicable planning, zoning, subdivision or, partition regulations in effect at the time it was created in 1971 The existing lot has a narrow north to south lot dimension that is not proposed to be altered with the subdivision application. It can be found that the Applicability standards from AMC 18.4.8.020 designate this existing legal lot of record as aStandard B Lot. When creating new lots, 18.4.8.040. A. Assignment of Solar Factor, states that land divisions which create new lots shall be designed to permit the location of a 21-foot high structure with a setback that which does not exceed 50 percent of the lot’s north south lot dimension pursuant to the following standards. When that prescriptive method is not chosen, a Solar Envelope can be defined. This lot location, dimensions, narrow north to south lot dimensionarenot proposed to be altered, thus the lot is existing,and the less restrictive solar ordinance standard (Solar Setback Standard B) should be allowed to be retained. The lot being a lot in the subdivision, part of the HOA and utilizing the same driveway does not make it a new lot. The proposal is similar to other approved partitions in subdivisions in Ashland. Doing some research a few examples of parcels that were either part of a partition or subdivision that in some cases had existing 1 ROGUE PLANNING & DEVELOPMENT SERVICES, LLC structures, in others were vacant there are a few similar instances where lots were either created or maintained that do not meet solar and based on the findings in the record, there is no mention of solar, solar setbacks or changes to the lots to demonstrate compliance with solar. Note: due to COVID restrictions reviewing files and permit history is challenging and I’d like to thank Community Development Department staff for accommodating my records search. The final surveys for each are attached. 835 Oak Street (PA03-069) There was a pre-existing lot that was allowed to be reduced in north to south dimension through a partition process. There is no discussion that I could find in the record that addressed solar, solar setbacks or similar. Lot 3 of this partition in particular does not meet north standards for compliance with 18.4.8.040. 1004 Tolman Creek Road – Eagle Creek Subdivision (96-111) Lot #1 existing lot. There is no discussion of solar in the staff report or the Planning Commission findings. 940 Jaquelyn Avenue (PA90-070) The parent property was partitioned into four parcels. Two, narrow lots are present on Jaquelyn, both lots are substantially less wide than required by code. There was not a file to review for this lot. With the existing lot at 50-feet wide and its width is not modified with the proposal to make it more restrictive than its current solar setback standard B dimensions. Thank you, Amy Gunter Rogue Planning & Development Services, LLC Amygunter.planning@gmail.com 541-951-4020 Rogueplanning.com 2 FROM THE AUGUST 10, 2021 TYPE II PUBLIC HEARING _________________________________ PA-T2-2021-00029 822 Oak Street Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 PLANNING ACTION: PA-T2-2021-00029 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 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; a Conditional Use Permit to modify a non-conforming development where the required driveway separation is not provided for an avenue (AMC 18.4.3.080.C.3.a), an Exception to Street Standards to not install city standard street frontage improvements along Oak Street, and a Street Tree Removal Permit to remove three Oak trees. COMPREHENSIVE PLAN DESIGNATION: R-1-5; ZONING: Single Family Residential; 39 1E 04CA; TAX LOT: 200 & 201. NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, August 5, 2021 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday, August 10, 2021 at 7:00 PM Criteria: (Outline Plan, Final Plan, Variance, Conditional Use Permit, Exception to Street Standards, Street Tree Removal) G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Oak\\Oak_822\\PA-T2-2021-00029\\Noticing\\Oak_822_PA-T2-2021-00029_NOC.docx Tree Commission Meetings Notice is hereby given that the Tree Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with 10:00 a.m. on Monday, August 2, 2021. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ashland.or.us August 3, 2021. Written testimony received by these deadlines will be available for Tree Commissioners to review before the hearing and will be included in the meeting minutes. If you wish to virtually attend or listen to the Tree Commission meeting, send an email to PC-public- testimony@ashland.or.us by 10:00 a.m. on Monday, August 2, 2021 . In order to virtually attend or listen to the commission 2) include your name, 3) specify the date and commission meeting you wish to virtually attend or listen to, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. Please note, participants that sign up to virtually attend or listen to a commission meeting will not be allowed to speak during the meeting. In compliance with the American with Disabilities Act, if you need sp 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). Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and selecting RVTV Prime. The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an objection concerning this application, or failure to provide sufficient specificity to afford the decision makers 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. Because of the COVID-19 pandemic, application materials are provided online and written comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning@ashland.or.us. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, 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. Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the August 10 PC Hearing Testimony Monday, August 9, 2021. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the August 10 Hearing Testimony. 00 a.m. on Tuesday, August 10, 2021 Written testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will be included in the meeting minutes. Oraltestimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Tuesday, August 10, 2021. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email August 10 Speaker Request , 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you willbe participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance 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). If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-552-2040 / Derek.Severson@ashland.or.us. G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Oak\\Oak_822\\PA-T2-2021-00029\\Noticing\\Oak_822_PA-T2-2021-00029_NOC.docx OUTLINE PLAN SUBDIVISION APPROVAL 18.3.9.040.A.3 Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when 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 open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. 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 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. 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 be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 3. the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. CONDITIONAL USE PERMITS 18.5.4.050 A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Oak\\Oak_822\\PA-T2-2021-00029\\Noticing\\Oak_822_PA-T2-2021-00029_NOC.docx e. Generation of noise, light, and glare. f.The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f.E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i.CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. l.HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. 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. TREE REMOVAL PERMIT 18.5.7.040.B 1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Oak\\Oak_822\\PA-T2-2021-00029\\Noticing\\Oak_822_PA-T2-2021-00029_NOC.docx subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. PERMISSION TO PLANT OR REMOVE (STREET TREES) 13.16.030 The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City uired to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and shall be no smaller than eight (8) feet in height or one (1) inch in caliper twelve (12) inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. (Ord. 3192 § 100, amended, 11/17/2020) G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Oak\\Oak_822\\PA-T2-2021-00029\\Noticing\\Oak_822_PA-T2-2021-00029_NOC.docx “Grizzly Peak View” Subdivision ArequestforOutline&FinalPlansubdivisionapprovalunderthe PA-T2-2021-00029– PerformanceStandardsOptionChaptertodevelopa5-lot,4-unitsubdivisionforthepropertiesat 822OakStreet.Theapplicationalsorequests:aVariancetoallowaprivatedrivewaytoservefour unitswhereapublicstreetdedicationwouldtypicallyberequired;aConditionalUsePermitto modifyanon-conformingdevelopmentwheretherequireddrivewayseparationisnotprovided foranavenue;anExceptiontoStreetStandardstonotinstallcitystandardfrontageimprovements alongOakStreet;anaStreetTreeRemovalPermittoremovethreeOaktrees. Proposal Details Site Description 822 Oak Street consists of two vacant properties along the east side of Oak Street between Sleepy Hollow Drive and East Nevada Street. The two properties have a combined area of 0.86 acres, and are zoned R-1-5, a single family residential zoning with a 5,000 square foot minimum lot size. SubdivisionRequest Theapplicationproposestosubdividethetwopropertiesat822OakStreettocreatefour buildablelots.TheR-1-5zonedpropertyhasabasedensityof3.87units,andthefourthlotis proposedthrougha“conservationhousing”densitybonusbecausealloftheunitswillbebuiltto EarthAdvantage®standards.Afifth‘commonarea’lotwouldbecreatedtocontaintheshared drivewaywithfourparkingspacesandacommonopenspacewhichwouldincludestormwater detentionandalandscapedareaforresidents’recreationalusethatwouldincludetwolarge Cedartreesthataretobepreservedandprotectedwiththesubdivision. Landscaping, Trees & Natural Features TheapplicationproposestoremovethreeOaktreesalongOakStreetwhicharedescribedas beinginastateofdecline,withthesouthernmostbeingunderminedbyananimalburrowatits basewhichhasleadtodecayandtheothersexhibitingdeadwoodintheircanopiesandevidence ofsheddinglargelimbs.Thesetreesaretobereplacedwithsixregionally-acclimatedtreesthat willbeofsimilarstatureatmaturity.TwolargeCedarsalongthenorthpropertylinearetobe protectedduringconstructionandpreservedonaproposedcommonarealot.Inaddition,staff arerecommendingthatthebuildingenvelopesbemodifiedtoprovidegreaterprotectionofthe steeplyslopedareasattherearofthepropertieswhichoverlooktheBearCreekfloodplain. 1 “Grizzly Peak View” Subdivision ArequestforOutline&FinalPlansubdivisionapprovalunderthe PA-T2-2021-00029– PerformanceStandardsOptionChaptertodevelopa5-lot,4-unitsubdivisionforthepropertiesat 822OakStreet.Theapplicationalsorequests:aVariancetoallowaprivatedrivewaytoservefour unitswhereapublicstreetdedicationwouldtypicallyberequired;aConditionalUsePermitto modifyanon-conformingdevelopmentwheretherequireddrivewayseparationisnotprovided foranavenue;anExceptiontoStreetStandardstonotinstallcitystandardfrontageimprovements alongOakStreet;anaStreetTreeRemovalPermittoremovethreeOaktrees. Key Issues Variance TheapplicationrequestsaVariancetoallowaprivatedrivewaytoservefourunitswherecity codes(AMC18.4.6.040.C.1)requirethatapublicstreetbededicatedandinstalled.Inthis instance,theslopesattherearofthepropertyexceed35percent,andaneast-weststreetcould notbeinstalledthroughthisareatomeetthecity’sstreetgraderequirements.Thecombination ofslopesandtheexistingdevelopmentpatternonadjacentpropertiesalsopreventanorth-south streetconnection.Theapplicantrequeststonotinstallapublicstreetthatcouldnotconnectto thebroaderstreetsystem,andthehomeowners’associationratherthanthecitywouldbe responsibleformaintainingaprivatedriveway. ConditionalUsePermit TheapplicationrequestsaConditionalUsePermitbecausetheproposeddrivewayiscloserthan generallyallowedtothenextdrivewayonamajorcollectorlikeOakStreet.Howeverthe drivewayseparationstandardsdiscussedbytheapplicantdonotapplyinsinglefamilyresidential zones,andassuchtherequestedConditionalUsePermitisnotneeded.Thedrivewaycomplies withthestandardsforasinglefamilyzoneasproposed,whicharedetailedinAMC18.4.3.080.C. ExceptiontoStreetStandards TheapplicationrequestsanExceptiontotheStreetDesignStandardstonotinstallaparkrow plantingstripandsidewalkalongtheproperties’OakStreetfrontage.Thecombinationoftrees, fences,utilitypedestals,gradechangesandlowrockwallsbehindthecurbonadjacentproperties tothenorthandsouthmakepedestriantravelchallenging.Staffhaveinsteadrecommendedthat theapplicantdedicateright-of-wayforfutureparkrowandsidewalkandsign-infavorof participatinginanyfutureLocalImprovementDistrict,andregradethefrontofthepropertyto curblevelandinstallafive-footgravelpathalongthefrontagetosupporton-streetparkinguntil broaderfrontageimprovementsareinstalled. Staff Recommendation Staff recommends that the application be approved with the conditions detailed in the attached draft findings. 2 DƩźǩǩƌǤ tĻğƉ źĻǞ {ǒĬķźǝźƭźƚƓ БЋЋ hğƉ {ƷƩĻĻƷ /ƚƓĭĻƦƷǒğƌ .ǒźƌķźƓŭ 9ƌĻǝğƷźƚƓƭ źĭźƓźƷǤ ağƦ DRAFT FINDINGS BEFORE THE PLANNING COMMISSION September 14, 2021 IN THE MATTER OF PLANNING ACTION #PA-T2-2021-00029, A REQUEST FOR ) OUTLINE PLAN APPROVAL FOR A 5-LOT, 4-UNIT PERFORMANCE STANDARDS ) OPTIONS SUBDIVISION OF THE PROPERTIES AT 822 OAK STREET. THE APPLI- ) CATION ALSO INCLUDES REQUESTS FOR: A VARIANCE TO ALLOW A PRIVATE) DRAFT DRIVEWAY TO SERVE FOUR UNITS WHERE DEDICATION OF A PUBLIC STREET) FINDINGS, IS TYPICALLY REQUIRED; A CONDITIONAL USE PERMIT TO MODIFY A NON- ) CONCLUSIONS & CONFORMING DEVELOPMENT WHERE THE REQUIRED DRIVEWAY SEPARA- ) ORDERS TION IS NOT PROVIDED FOR AN AVENUE; AN EXCEPTION TO STREET STAN- ) DARDS TO NOT INSTALL CITY STANDARD STREET FRONTAGE IMPROVE- ) MENTS ALONG OAK STREET; AND A STREET TREE REMOVAL PERMIT TO ) REMOVE THREE OAK TREES. ) ) PPLICANT/OWNER: ASuzanne Zapf for Overlook Drive, LLC ) Rogue Planning & Development Services, LLC ) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1)Tax lots #200 and #201 of Map 39 1E 04 CA are vacant parcels at 822 Oak Street, on the east side of Oak Street between East Nevada Street and Sleepy Hollow Drive, and are zoned R-1-5 (Single Family Residential). 2)The applicant is requesting Outline and Final Plan approval for a five-lot/four-unit Performance Standards subdivision for the two properties located at 822 Oak Street. The application also includes requests for: a Variance to allow a private driveway to serve four units where dedication of a public street AMC 18.4.6.040.C.1 is typically required under ; a Conditional Use Permit to modify a non-conforming MC development where the required driveway separation is not provided for an avenue as required in A 18.4.3.080.C.3.a; an Exception to Street Standards to not install city standard street frontage improvements along Oak Street, and a Street Tree Removal Permit to remove three Oak trees. The proposal is outlined in plans on file at the Department of Community Development. AMC 18.3.9.040.A.3 3) The criteria for Outline Plan approval are described in as follows: a. The development meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. PA-T2-2021-00029 September 14, 2021 Page 1 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, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. AMC 18.3.9.040.B.5 4) The criteria for Final Plan approval are described in as follows: a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance. c. The common open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the street standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. PA-T2-2021-00029 September 14, 2021 Page 2 AMC 18.5.5.050.A 5) The criteria for a Variance are described in as follows: 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 3. the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. AMC 18.5.4.050.A 6) The criteria for Conditional Use Permit approval are described in as follows: 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. PA-T2-2021-00029 September 14, 2021 Page 3 e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. R-1. b. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. PA-T2-2021-00029 September 14, 2021 Page 4 i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. l. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. AMC 18.4.6.020.b 7) The criteria for an Exception to the Street Standards are described in as follows: 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. AMC 13.16.030 8) The criteria for a Street Tree Removal Permit are described in as follows: The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City until a permit has been issued PA-T2-2021-00029 September 14, 2021 Page 5 t may be required to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and shall be no smaller than eight (8) feet in height or one (1) inch in caliper twelve (12) inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. (Ord. 3192 § 100, amended, 11/17/2020) 9) Emergency Powers to declare a state of emergency to the City Manager, subject to subsequent ratification by the City Council. Emergency resulting from the Coronavirus contagion, and the Council has subsequently approved extension of this Declaration of Emergency through at least August 17, 2021. Among other things, this Declaration of Emergency provides for public meetings to be conducted by electronic means for the various City commissions and boards, including the Planning Commission. 10) The Planning Commission, following proper public notice, held an electronic public hearing on August 10, 2021 at which time testimony was received and exhibits were presented. Subsequent to the closing \[approved the application subject to conditions pertaining to of the hearing, the Planning Commission the appropriate development of the site/continued the application/denied the application\]. 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 2.1 The 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. 2.2 The Planning Commission finds that the proposal meets all applicable criteria for Outline Plan approval described in AMC 18.3.9.040.A.3, for Final Plan approval described in AMC 18.3.9.040.B.5, for a PA-T2-2021-00029 September 14, 2021 Page 6 Variance described in AMC 18.5.5.050, for an Exception to Street Standards as described in AMC 18.4.6.020.b; and for a Street Tree Removal Permit as described in AMC 13.16.030. 2.3 The Planning Commission finds that the proposal satisfies all applicable criteria for Outline Plan approval. The first approval criterion for Outline Plan approval is that, ordinance requirements of the CityCommission finds that the proposal meets all applicable ordinance requirements or has requested Variances or Exceptions, and that this criterion has been satisfied. The application materials explain that the proposal utilizes the Performance Standards Option Chapter 18.3.9, and that the development demonstrates compliance with the standards from AMC 18.3.9.050 18.3.9.080, and the provisions of the chapter as well as other applicable provisions including AMC 18.4.3 Parking, Access, & Circulation; AMC 18.4.6 Public Facilities; and AMC 18.4.8 Solar Access. The application materials further emphasize that as a Performance Standards Options proposal, the application is not required to meet the minimum lot size, lot width, lot depth or setback standards of part 18.2. Performance Standards The subject property here is outside of the PSO overlay. As provided in AMC 18.3.9.030.D, if a parcel is not in only be approved if one or more of the following conditions exist: 1) The parcel is larger than two acres and is greater than 200 feet in average width; 2) That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact; 3) The property is zoned R-2, R-3 or CM; or 4) The property is developed as a cottage housing development consistent with the standards in section 18.2.3.090. The subject property is less than two acres in area, is zoned R-1 and is not proposed for a cottage housing development. The applicant proposes to utilize the Performance Standards Option as necessary to protect the environment and neighborhood from the degradation which would occur from development to the maximum density allowed under subdivision standards, asserting that the request is eligible to use the Performance Standards Option due to the preservation of two large stature Cedar Trees which are to be preserved and protected on the common area lot, and because the subdivision would be equal in its aesthetic and environmental impact. two large Cedars on the common area lot, the steeply-sloped areas at the east edge of the property overlooking the Bear Creek floodplain corridor must also be better protected as a significant natural feature of the site. To that end, staff have recommended a condition below that revised building envelopes be identified for each lot which will protect the slopes greater than 25 percent from not only building placement but also from any construction disturbance prior to the signature of a final survey plat. For development of fewer than ten lots Outline Plan subdivision approval may be requested concurrently with Final Plan approval. The current application proposes a total of five lots and four residential units, and is requesting concurrent Outline and Final Plan approvals. PA-T2-2021-00029 September 14, 2021 Page 7 Parking Requirements hŅŅ {ƷƩĻĻƷ tğƩƉźƓŭ Development of the individual, detached single family dwelling units requires two spaces each, and building permit submittals would need to demonstrate that required off-street parking would be provided with development of the individual lots. hƓΏ{ƷƩĻĻƷ tğƩƉźƓŭ źƓ ƷŷĻ tĻƩŅƚƩƒğƓĭĻ {ƷğƓķğƩķƭ The Performance Standards Options Parking Standards in AMC 18.3.9.060 require that at least one on- street parking space shall be provided per dwelling unit for all developments in an R-1 zone in addition to off- street parking required. These on-street parking spaces are to be provided immediately adjacent to the public right-of-way on publicly or association-owned land and be directly accessible from public right-of-way streets, and each space is to be located within 200 feet of the dwelling that it is intended to serve. four spaces proposed on the south side of the driveway are each within 200 feet of the unit they serve, are accessible from Oak Street and can be found to satisfy this requirement. Cƌğŭ 5ƩźǝĻ tğƩƉźƓŭ A driveway serving a single lot and greater than 50 feet in length, or a driveway providing access to flag lots is considered a flag drive and subject to the development requirements in AMC 18.5.3.060 including that each lot have three parking spaces situated so as to avoid the need for backing out; that the flag drive address width, fire access, work area and turn-around requirements; and that there are provisions for screening, drainage, and maintenance. Given that the drive here serves four lots and they are not flag lots, staff do not believe that the Commission must strictly adhere to the flag drive standards. Ing spaces are not necessary for each lot given that an on-street parking space is provided for each lot on the common area, however staff do believe that the Commission should consider requiring that parking be configured to eliminate the need for backing out, and that fire access, drainage and maintenance requirements be attached to the approval. Solar Access Performance Standard AMC 18.4.8.040 requires that land divisions creating new lots be designed to permit the location of a 21-foot high structure -south dimension. Where lots have a north-facing negative slope of less than 15 percent, this calculation is based on Standard A, meaning the shadow cast cannot exceed that of a six-foot fence on the north property line. Lots having a north facing negative slope equal to or greater than 15 percent, this calculation is based on Standard B, meaning the shadow cast cannot exceed that of a 16-foot fence on the north property line. Where an applicant chooses not to design a lot with an adequate north- allowed height requirements to protect the applicable solar access standard. The applicant here has identified north building envelope limits for Lots 2-4 showing where a 12-foot shadow producing point could be placed to comply with Standard A, but asserts that because Lot 1 is not changing from its current configuration (i.e. while included in the subdivision, it will retain the same dimensions as it now has as a pre-existing lot of record) it is not subject to the Solar Access Performance Standard requirement and is simply subject to Solar Access lots included in the subdivision plat) it is subject to the Solar Access Performance Standard requirement and needs to either comply with the lot design requirement or identify a solar envelope complying with Standard A. A condition to this effect has been recommended below. PA-T2-2021-00029 September 14, 2021 Page 8 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 fac The Public Works Department has noted that the following city facilities are available to serve the subject property from the adjacent Oak Street right-of-way: a six-inch water main, an eight-inch sanitary sewer main, and a 24-inch storm sewer main. The application materials assert that the proposal provides for adequate key City facilities, further explaining that water lines will be extended in the same general area as the existing water meter boxes, which are directly behind the curb; that the site grading plan anticipates individual sanitary sewer ejector pumps to the sanitary sewer main in Oak Street; and stormwater is proposed to be captured and detained onsite in an engineered swale which will overflow into the city system. The electric distribution plan provides a new vault on the north side of the driveway within the new common area lot. The applicant notes that necessary easements will be provided for all utilities, and that in discussions with Public Works and the individual utility departments no capacity issues or concerns have been identified. System Plan (TSP) and is improved with paving, curb and g frontage. Continuous sidewalks were completed along the west side of Oak Street with a Local Improvement District (LID) some years ago, but there are no sidewalks in place along the east side for the subject property or the majority of the corridor between Sleepy Hollow Drive and East Nevada Street. The application includes a request for a Variance not to install frontage improvements along Oak Street which is discussed in section 2.5 below. The Planning Commission finds that adequate key City facilities are available within the adjacent rights-of-way and will be extended by the applicant to serve the proposed development. Conditions have been included below to require that final electric service, utility and civil plans be provided for the review and approval of the Staff Advisor and city departments, and that civil infrastructure be installed by the applicants according to the approved plans, inspected and approved prior to the signature of the final survey plat. 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, common areas, Natural Features The application materials explain that there are two large stature Cedar trees on the property that will be preserved and protected on the common area lot. Three large Oak street trees along the Oak Street right-of- way were also initially planned for preservation, however after consulting with a certified arborist it was determined that these three trees are nearing the end of their life cycle and/or have damage to the degree that their removal is necessary. In their place, the applicant proposes to plant six Oak trees of at least two- inch caliper along the street and down the driveway as mitigation trees. PA-T2-2021-00029 September 14, 2021 Page 9 -sloped areas at the east edge of the property overlooking the Bear Creek floodplain corridor are significant natural features which merit protection. To that end, staff have recommended a condition below that revised building envelopes be identified for each lot which will protect the slopes greater than 25 percent from not only building placement but also from any construction disturbance prior to the signature of a final survey plat. The fourth criterion for approval of an Outline Plan is that, The application materials provided explain that the adjacent properties are zoned residential, that the properties to the north and south have limited development potential due to the lot configurations and location of existing structures. The applicant goes on to explain that there is a larger parcel on the north side of the proposed Lot #4 that may have development potential, but the steep topography along the street connectivity. The east edge of the subject property slopes steeply towards the east, with slopes in excess of 35 percent in some areas, and there are substantial areas of the adjacent property where the slopes exceed 35 percent, which means they have no buildable area. The applicant concludes that the proposal itself will not prevent adjacent properties from developing as envisioned in the Comprehensive Plan. Recognizing that existing development patterns and physical constraints may limit development of the adjacent properties to a degree, the Planning Commission finds that the proposed subdivision and its associated access and utility installation will not prevent the adjacent lands from being developed as envisioned in the Comprehensive Plan, The fifth approval criterion is that, quate 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 The application iation (HOA) and that Covenants, -Laws will be provided for review by the Staff Advisor along with a Stormwater Quality Management Plan along with the final civil drawings for review prior to signature of the subdivision survey plat. The application further suggests that the four units will be platted together rather than in phases. lude provisions for the long-term operation and maintenance of open space and common areas including the trees preserved and protected with the subdivision, the driveway, utilities and drainage system. With the inclusion of these conditions, the Planning Commission finds that there are adequate provisions for the maintenance of the open space and common areas, and that this criterion has been satisfied. The proposed density meets the base and bonus density standards established under this chapterThe base density for R-1-5 development under the Performance Standards Option Chapter is 4½ dwelling units per acre. The parent parcel here is 37,500 square feet or 0.86 acres, and the 0.86 acres x 4.5 dwelling units/acre = 3.87 dwelling units base density is 3.87 dwelling units (). The proposed density is four dwelling units, which equates to roughly 3.3 percent over the base density. The applicant proposes to utilize the allowed 15 percent density bonus for Conservation Housing by PA-T2-2021-00029 September 14, 2021 Page 10 constructing 100 percent of the units to Earth Advantage® standards as provided in Resolution #2006-06. The Planning Commission finds that with the construction of 100 percent of units to Earth Advantage® standards, the proposed density meets the base and density bonus standards of the Performance Standards Option Chapter. A condition has been included below to require that the building permit submittals demonstrate that the homes have been designed to comply with the applicable Earth Advantage® standard and that evidence of Earth Advantage® certification be provided prior to the issuance of a certificate of occupancy for each home. The seventh Outline Plan approval criterion is that, No public street installation is proposed in conjunction with the current request. The application includes a request for a Variance not to dedicate and install a public street to serve four units. The Variance is discussed below in section 2.5. The application also includes a request for an Exception to the Street Standards to not install a parkrow planting strip and sidewalk along the Oak Street frontage. The Exception is discussed below in section 2.7. TThe 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 AshlandIn AMC 18.3.9.050.A.3, the Performance Standards Option Chapter requires that at least five percent of the total lot area be provided in common open space for developments with a base density of ten units or greater. While the properties here have a base density of only 3.87 units, the applicant nonetheless has proposed to provide 2,800 square feet of open space on the proposed common area lot. The application materials emphasize that this area will represent a significant amenity to the projectresidents who will use and enjoy the common open space on a day-to-day basis. In addition, the proposed open space supports the preservation of the two large Cedar trees and will include landscaping and a bench to improve the functionality of the space. 2.4 The Planning Commission finds that the approval criteria for Final Plan are intended to insure substantial conformance between Outline Plan approval and Final Plan approval when the two are requested as separate procedural steps. The Planning Commission finds that where the two are allowed to be filed concurrently, as is the case here, there is no procedural separation between the two and the concurrent Final Plan proposal is identical to the Outline Plan in terms of number of dwelling units, yard depths, distances between buildings, common open spaces, building sizes, building elevations and exterior materials, standards resulting in density bonuses, and street standards. 2.5 The Planning Commission finds that the proposal satisfies all applicable criteria for the approval of a Variance to allow a private driveway to serve four units. All streets serving four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. The current proposal seeks to create lots to develop four units, but is requesting no to dedicate and install a public street. 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 PA-T2-2021-00029 September 14, 2021 Page 11 may be sufficient evidence of a hardship for purposes of approving a variance.Here the application materials assert that the requested Variance is necessary due to special or unique physical circumstances including the slope of the subject property along the east property line which prevents the extension of any public street system, and the development pattern on adjacent properties to the north and south also prevent the extension of an interconnected street system. In addition, the application explains that due to the narrow frontage the property along Oak Street - dedication of public street right-of-way would require a 25-foot wide cross-section for a Shared Street or a 47-foot wide cross-section for a Residential Neighborhood Street - the creation of a new street intersection would have substantial impacts on the large Oak trees on the adjacent properties to the south and north. The applicant suggests that the code provision to provide a public street when serving more than three units is overly restrictive and, in some instances, burdens the community with small, dead-end public streets serving only a single residential subdivision. The applicant emphasizes that the slope of the subject properties and those immediately to the east are simple too steep to extend a gridded neighborhood street system, and that the development pattern of the properties to the north and south of the subject property are developed in a manner that prevents extension of a public street. The applicant asserts that a private driveway will allow for a narrower disturbance that is more compatible with the character of the immediate neighborhood, and would also place all of the burden for future maintenance on the users of the private driveway rather than on the city. The second approval criterioThe variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The applicant explains that the requested variance to allow a private driveway to serve four lots instead of three is the minimum necessary, and emphasizes that the private driveway would nonetheless be dedicated as fire apparatus access and would reduce the impacts that the development of the site would otherwise have with the installation of a public street and the resultant wide curb radii, reduction in on-street parking along Oak Street, and changes to neighboring properties setbacks. with a public street and the resulting curb radii and restricted parking along Oak Street, impacts to required yard setbacks for neighboring properties. T the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The application materials suggest that the benefits of the proposal include removal of any public responsibility for a small, dead end street that provides no vehicular access to future properties within the vicinity due to topography and existing development patterns. The created for the subdivision will own the private driveway and the utilities, and have responsibility for maintenance and repairs. In addition, the application materials indicate that the driveway would have a narrower apron than a street intersection and would thus have a lesser impact on the Oak Street streetscape than a public street. PA-T2-2021-00029 September 14, 2021 Page 12 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. The application materials explain that the need for the Variance is based on the narrow lot width along Oak Street, the steep slopes which prevent connectivity to the east, and the development pattern on the properties to the north and south, all of which pose difficulties for street installation. The application materials emphasize that all of . Staff Analysis - Connectivity The easternmost edge of the property has slopes in excess of 35 percent, and in rough calculations by staff, the grade of an east-west street extension would be in the 29-30 percent range. In addressing street grade, AMC 18.4.6.040.C5 provides that street grades shall not exceed a maximum grade of 15 percent, and explicitly precludes variances to this requirement for public streets. The topography here is simply too steep for an east- nce Standards is to preserve and protect significant natural features, requiring a street extension which would disturb these slopes in order to direct vehicles to the Bear Creek floodplain corridor, which is now under Parks Department ownership, seems counterintuitive. Similarly, the placement of existing buildings on properties immediately to the north and south combine with the topography at the rear (east) of the property to prevent easy north-south street connectivity. The Street Dedication Map (Figure 10-1) of the Transportation System Plan does not identify any planned streets on the subject properties or in the immediate vicinity. topography precludes installation of a street meeting the street grade requirements, and serving four lots rather than three via a private drive seems the minimum variance possible to address the difficulty while seeking more efficient land use, with the benefit that there would not be public responsibility for the maintenance of what would effectively be an overbuilt driveway without any associated public benefit from connectivity, and the Bear Creek floodplain corridor and the slopes that overlook it would be preserved and protected. For staff, the remaining question relative to connectivity is whether to require that the applicant provide a public pedestrian access easement through the property to offset the lost vehicular connectivity. As noted above, the Parks Department has acquired property downslope along the Bear Creek floodplain corridor which includes public pedestrian trails. There is one property between the subject properties here and the Parks property below, but the slopes of that property like the rear of the subject properties here have severe constraints and are great to require a pedestrian connection be provided. 2.6 The Planning Commission finds that while the application includes a request for a Conditional Use Permit to modify an existing non-conforming development where the existing driveway separation does not meet the standard for a collector street type detailed in AMC 18.4.3.080.C.3 and the proposal would move the driveways approximately six feet closer together, because the subject property is zoned R-1-5 it is not subject to the 75-foot driveway separation in AMC 18.4.3.080.C.3.b and C.3.c, but is instead PA-T2-2021-00029 September 14, 2021 Page 13 required only to provide the minimum 24-foot separation detailed in AMC 18.4.3.080.C.3.a. As such, the Planning Commission concludes that a Conditional Use Permit is not required of the application as currently proposed. Staff Analysis Driveway Separation The application includes a request for a Conditional Use Permit to modify a non-conforming development where the existing driveway separation does not meet the standards for an Avenue street type detailed in AMC 18.4.3.080.C.3, and the proposal is noted as increasing the non-conformity. As explained in the application materials, the closest driveway to the north is approximately 39 feet from the existing driveway on the subject property, while the driveway to the south is approximately 60 feet from the existing driveway. The application materials explain that Oak Street is considered to be an Avenue or Major Collector street type in the Transportation System Plan (TSP) and these existing driveway separations do not meet the 75-foot driveway separation required by code for this street type. The application further explains that the proposed driveway will increase this non-conformity by decreasing the separation from 60 feet to 54 feet for the driveway to the south. .3.080.C.3 generally seek a separation of 75 feet between driveways on a collector street, as detailed in section Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM, or M-Street and driveway access points in an R-2, R-3, C-1, E-1, CM, or M-1 zone shall be limited is zoned R-1-5 and is therefore not subject to the limitations listed in C.3.b or C.3.c, but rather to AMC In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach.Within the R-1-5 zoning district, the minimum lot width is 50 feet, and being subject to a driveway separation substantially greater than the lot width would pose complications for single family development in a single family zoning district. An R-1-5 property along a collector street must only provide a 24-foot separation between driveways while the applicant here is providing substantially more and serving four properties with a single driveway - and as such, a Conditional Use Permit is not required. The first criterion That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.The application materials explain that the use of the property would be a single-family residential subdivision which is an allowed use in the R-1-5 zone, and that the Conditional Use Permit is requested to allow a non-conforming driveway separation on Oak Street (less than 75-feet from driveway to the north) to be expanded to allow the driveway serving the subject property to provide adequate driveway apron width to access the improved private driveway. The existing driveway separation is approximately 60-feet. The proposal reduced the separation by six feet to 54-feet of separation. Thus, increasing the non-conformity by ten percent. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property.Adequate capacity of City facilities for water, sewer, PA-T2-2021-00029 September 14, 2021 Page 14 electricity, urban storm drainage and paved access to and through the development is discussed in section 2.3 above. The application materials assert that the driveway apron expansion by six feet and the commensurate reduction in the separation between the driveways does not have an adverse impact on the transportation facilities as on-street parking will be maintained. The third approval criterion is, That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale, bulk, and coverage; b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities; c) Architectural compatibility with the impact area; d) Air quality, including the generation of dust, odors, or other environmental pollutants; e) Generation of noise, light, and glare; f) The development of adjacent properties as envisioned in the Comprehensive Plan; and g) Other factors found to be relevant by the approval authority for review of the proposed use.The application materials provided explain that the scale, bulk and coverage of the proposed development is not associated with the request to reduce the separation between the driveways, and that this driveway separation does not have an effect on the livability of the zone. The application materials further assert that the generation of traffic and effects on the surrounding streets is improved through the development of a paved driveway accessed from a standard driveway apron, and that the driveway apron width and shifting towards the north is necessary regardless of the type of development of the property. The application materials go on to note that the reduced separation between the driveways does not have an impact on air quality, generation of dust, odors, or other environmental pollutants, nor upon noise, light and glare. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.In this instance, the proposed use is a single family residential subdivision which is a permitted use within the single family residential zones. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows: R-1. . b) Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones.In this instance, the subject property is zoned R-1-5 Single Family Residential, and the maximum allowed density is one dwelling unit per 5,000 square foot lot. 2.7 The Planning Commission finds that the proposal satisfies all applicable criteria for the approval of an Exception to the Street Design Standards to not install frontage improvements along Oak Street. Oak Street is classified as an avenue or major collector street in the Transportation System Plan (TSP), and city standard frontage improvements detailed in AMC Table 18.4.6.040.F include a seven- to eight- foot irrigated park-row planting strip and a six-foot sidewalk. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual PA-T2-2021-00029 September 14, 2021 Page 15 aspect of the site or proposed use of the site. the granting of exceptions when physical conditions exist that preclude development of a public street, or components of the street. Such conditions may include, mature trees, and limited right-of-way. Both of these conditions are present on the frontage. The property has a 50-foot wide frontage on Oak Street. Along the frontage of the property and the adjacent properties to the north and south, there is approximately eight-and-a-half feet of right-of-way, which is not adequate to install city-standard frontage improvements. In addition, then narrow width of the property frontage following the installation of the driveway will leave only approximately 28-feet of frontage for sidewalk installation. There are not sidewalk connections immediately to the north or south, and the applicant suggests that the request to not install frontage improvements would avoid a sidewalk and parkrow system that goes nowhere. The application materials further assert that there are large stature Oak trees on the adjacent properties to the north and south, and city standard sidewalk installation would impact these trees as well as the utilities in place within the existing right-of-way. The application emphasizes that the only way to preserve the neighbors trees is to use the narrowest driveway allowed and not install a public street or frontage improvements with sweeping curb lines. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. The application materials explain that the proposed frontage improvements will include regrading of the berm behind the curb line, installation of a driveway apron and the planting of two large stature Oak street trees to replace the street trees proposed for removal, and suggests that these frontage improvements are similar to the existing improvements on the east side of Oak Street, where sidewalks are not currently present. The exception is the minimum necessary to alleviate the difficulty. The application materials explain that the proposed exception is to not provide either sidewalk or parkrow improvements in the 28-feet north of the proposed driveway curb cut. The application further notes that there is inadequate right-of-way to achieve park row and sidewalk improvements, and that not installing a sidewalk alleviates difficulties in the extensions of said sidewalk in a logical and functional manner on properties that are not associated with the proposed development and based on existing development, will not redevelop in a manner that would require dedication of right-of-way or removal of trees. The application further suggests that in the event that frontage improvements are required, a five-foot wide curbside sidewalk with two street trees planted behind the sidewalk could be installed. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A.transportation options, focus on a safe environment for all users, design streets as public spaces, and enhance the livability of neighborhoods, consistent with the Comprehensive Plan. The Street Design Standards outline the art and science of developing healthy, livable streets, and are intended to illustrate current standards for planning and designing the streets of Ashland. The standards are to be used in the development of new streets, and reconstruction of existing streets or portions thereof (i.e. improving a paved local street by adding sidewalks). The standards area also intended as a resource for use by home builders, developers, and community members in the pursuit of quality development practices. The application materials explain that there are very limited sidewalks with parkrow on the east side of Oak Street, noting that this was due to a many-years-long, very involved Local Improvement District (LID) process to improve Oak PA-T2-2021-00029 September 14, 2021 Page 16 Street. The application concludes that the exception seeks to not install sidewalks and parkrow along the frontage of the property due to the limited length of the sidewalk north of the driveway (28-feet), the lack of available right-of-way to install improvements, and that not installing sidewalk and parkrow will not negatively impact the vehicular, bicycle and pedestrian experience. Staff Analysis: Exception to the Street Design Standards Staff would first note that with regard to the inadequate width of the available right-of-way to accommodate city standard frontage improvements, AMC 18.4.6.050 explicitly provides that: .͵ {ƷƩĻĻƷ 5ĻķźĭğƷźƚƓ wĻƨǒźƩĻķ͵ The approval authority may require the dedication of land for the construction of a city street, greenway, or portion thereof, provided that the impact of the development on the city transportation system is roughly proportional to the dedication. It is assumed that all development requiring planning actions will increase traffic generated in the area unless it can be proven otherwise to the satisfaction of the Planning Commission. Land will be dedicated by a property owner for the construction of a street or greenway when: 1.A development requiring a planning action, partition, or subdivision takes place on the owner's property; 2.The development will result in increases in the traffic generated (i.e., pedestrian, bicycle, auto) in the area, by some measure; 3.The property contains a future street or greenway dedicated on the official map adopted pursuant to 18.4.6.050.D; 4.Where required neighborhood street connections are not shown on the Street Dedication Map, the development shall provide for the reasonable continuation and connection of the transportation system to serve the development and adjacent vacant or redevelopable lands, conforming to section 18.4.6.040.E Connectivity Standards; and 5.The City may require additional right-of-way for streets that do not meet the street standards of this chapter, or as necessary for realignments of intersections or street sections, which do not have to be shown on the official map. assessment, based on these street dedication requirements above, the application can and should be required to dedicate additional right-of-way to accommodate the future installation of city-standard frontage improvements along Oak Street both in terms of being proportional to the impacts of added pedestrian trips within the system and because the applicant is also requesting a Variance not to provide the required public street serving the proposed new lots/units. A condition has been included below to require the dedication of the additional right-of-way necessary to accommodate standard frontage improvements, which equate to an additional approximately five-and-a-half feet Typically, developments are required to install incremental improvements to city standard along their frontage so that as infill occurs, the system is gradually brought up to city standards. On the Oak Street corridor in the immediate vicinity, between East Nevada Street and Sleepy Hollow Drive, there are currently two sections of parkrow and sidewalk that were required with incremental development that illustrate this approach (see 780 Oak Street and 952-982 Oak Street). PA-T2-2021-00029 September 14, 2021 Page 17 However, in this instance staff do believe that the requested Exception is merited. In addition to there being large stature Oaks on the properties immediately to the north and south, there are also fences, utility pedestals and grade changes behind the curb which mean that a pedestrian using a section of sidewalk installed here on to avoid this situation it would be preferable to have the applicant sign-in favor of a future LID for the improvement of the east side of Oak Street as required in AMC 18.4.6.030.B which would enable a more comprehensive planning process for the corridor to address the various constraints in place, dedicate the additional right-of-way necessary to support eventual sidewalk and parkrow installation along the frontage (approximately five-and-a-half feet) and to have the applicant re- grade the frontage to curb level and install a five-foot wide compacted granite path behind the curb to support on-street parking in the interim. 2.8 The Planning Commission finds that the removal of street trees is not regulated through the land use ordinance in AMC Chapter 18. As these removals are cutting trees from city property, the City Manager or designee is instead charged with regulating street tree removal or pruning through AMC No trees shall be planted in or removed from any public planting strip or other public property in the City until a permit has been issued by the City Manager or being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and shall be no smaller than eight (8) feet in height or one (1) inch in caliper twelve (12) inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List.Street Tree Removal Permits are ministerial, and there are no land use criteria detailed in the code however the criteria established by the City Manager for Street Tree Removal permits, as detailed on the Street Tree Removal Permit application are: a)9ƒĻƩŭĻƓĭǤ ƩĻĻ wĻƒƚǝğƌ͵ The tree presents an immediate danger of collapse and represents a clear and present hazard to persons or property. Immediate danger of collapse is defined as a tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. b)IğǩğƩķ ƩĻĻ wĻƒƚǝğƌ͵ The tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right-of-way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. c)5Ļğķ ƩĻĻ͵ The tree is dead. A dead tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Staff Analysis Street Tree Removal Permit Request The application proposes to remove three native Black Oak trees (Quercus Kelloggii) located behind the curb line. These three Oaks are described as stressed and unhealthy, and the project arborist indicates that the PA-T2-2021-00029 September 14, 2021 Page 18 three trees show signs of decline, noting that there is an animal burrow being created at the base of the southernmost tree which is actively undermining the base of the tree and that all three trees have numerous dead branches in the crown which are over two-inches in diameter. The trees are elevated above the street on a small berm, and in their current state would not respond well to even slight alterations to their environment. The arborist indicates that the trees show obvious signs of past branch shedding, and concludes that the likelihood of preserving the trees or improving their health is very poor. Staff observations on site confirm that the base of southernmost tree has been significantly undermined, and that there is dead wood in the canopies, as illustrated in the photos below. Staff Photo of Undermined Base of Southernmost Oak (July 30, 2021). PA-T2-2021-00029 September 14, 2021 Page 19 Staff Photo of Large, Dead, Broken Limbs in Canopy (July 30, 2021) The arborist suggests that the best long- remove all three trees, and once the development is complete to plant healthy replacement trees in the form of two- to three-inch caliper Quercus Kelloggii or other large-canopied, regionally-acclimated tree species (i.e. Swamp White Oak, Valley Oak, Willow Oak, Shumard Oak or Red Oak) located slightly further from the street. The arborist suggests that the soil in the area where the replacement trees will be planted should be protected from compaction during development, and that mulch, fertilizer and drip irrigation should be provided and maintained on a schedule for at least three years post planting. The application indicates that six replacement Oaks will be planted along the driveway to recover lost canopy coverage, shade the non-permeable surfaces and aid in the absorption of stormwater run-off, and that the replacement trees would be at least two-inch caliper with proper soil conditions and irrigation. PA-T2-2021-00029 September 14, 2021 Page 20 three Oaks represent a potential future public safety hazard which cannot reasonably be alleviated by treatment, relocation, or pruning in that their current condition and state of decline will only further deteriorate with time and development of the property. The application also notes that the two healthy Incense Cedar (Calocedrus Decurrens) along the north property line will likely survive the impacts of development if properly protected during construction. The applicant proposes to provide required tree protection fencing along with five-inches of mulch installed starting three feet from the trunk and extending out to the end of the dripline. Trees are to be watered once a week during construction with approximately 100 gallons of water applied within 10 feet of the dripline during the months of April through October, and if work is to be done within the tree protection zones, a certified arborist will be consulted to identify best practices to preserve and protect the trees. As these draft findings are being prepared, the Ashland Tree Commission has not yet reviewed the application but will do so at its regular meeting on August 5, 2021. A condition has been included to make the recommendations of the project arborist and the Tree Commission conditions of any approval, where consistent with applicable standards and with final approval by the Staff Advisor. Written recommendations from the Tree Commission will be provided to the Planning Commissioners prior to the hearing, and specific recommendations can be incorporated into the findings prior to adoption. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Outline and Final Plan subdivision approvals for a four-unit, five-lot Performance Standards Options subdivision, Variance to allow a private driveway to serve four units, Exception to Street Standards not to install frontage improvements and Tree Removal Permit to remove three Oak trees is supported by evidence contained within the whole record. The Commission further concludes that the requested Conditional Use Permit with regard to driveway separation is not required for an R-1 zoned property. The Commission finds the subdivision proposal itself to be relatively straightforward, with the key issues being the Variance and Exception requests. The Variance to allow a private driveway to serve four units here seems appropriate given that the site slopes and adjacent development pattern preclude an interconnected, gridded street system in the vicinity. The Exception to not provide frontage improvements is also merited given the trees, grade changes, fencing and utility pedestals located on the properties to the north and south, however the Commission finds it important that the applicant dedicate the additional right-of-way necessary to provide for the eventual frontage improvements and sign-in favor of a future Local Improvement District (LID) agreeing to participate proportionally in a comprehensively planned improvement project for the corridor. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #T2-2021-00029. Further, if any one or more of the conditions PA-T2-2021-00029 September 14, 2021 Page 21 below are found to be invalid, for any reason whatsoever, then Planning Action #T2-2021-00029 is denied. The following are the conditions and they are attached to the approval: 1.That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2.That any new addresses shall be assigned by City of Ashland Engineering Department. Street and subdivision names shall be subject to City of Ashland Engineering Department review for compliance with applicable naming policies. 3.That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for driveway approaches, utilities or any necessary encroachments. 4.That all recommendations of the Tree Commission from their August 5, 2021 regular meeting (specific recommendations to be added prior to findings adoption) shall be conditions of approval, where consistent with applicable criteria and standards and with final approval of the Staff Advisor. 5.That the recommendations of the project arborist including the type of mitigation trees, tree protection fencing placement, mulching within tree protection zones and watering schedule shall be conditions of approval. 6.That the tree protection fencing and other tree preservation measures shall be installed according to the approved plan, inspected and approved by the Staff Advisor prior to any site work, storage of materials, staging or issuance of a building or excavation permit. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.4.5.030.C. and no construction activity, including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles, shall occur within the tree protection zones. 7.That parking on the four proposed developable lots shall be situated on the properties so that vehicles can turn and exit to the street in a forward manner. 8.That prior to submittal of the final subdivision plat for signature: a.Final electric service, utility and civil plans including but not limited to the water, sewer, storm drainage, electric, street and driveway improvements shall be submitted for the review and approval of the Planning, Building, Electric, and Public Works/Engineering Departments. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes; fire hydrant; sanitary sewer lines, manholes and clean- drain lines and catch basins; and locations of all primary and secondary electric services including line locations, transformers (to scale), cabinets, meters and all other necessary equipment. Transformers, cabinets and vaults shall be located in areas least visible from streets, while considering the access needs of the utility departments. Any required private or public utility easements shall be delineated on the civil plans. All civil infrastructure shall be installed by the applicants, inspected and approved prior to the signature of the final survey plat. b.That the applicant shall submit a final electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to the signature of the final survey plat. Transformers and PA-T2-2021-00029 September 14, 2021 Page 22 cabinets shall be located in areas least visible from streets and outside of the sidewalk corridor and vision clearance areas, while considering the access needs of the Electric Department. Electric services shall be installed underground to serve all lots within the applicable phase prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. c.A site plan illustrating revised building envelopes which will protect slopes greater than 25 percent from building placement and construction disturbance, and a revised solar envelope d.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. e.All easements including but not limited to public and private utilities and fire apparatus access shall be indicated on the final subdivision plat submittal for review by the Planning, Engineering, Building and Fire Departments. f.A final storm drainage plan detailing the location and final engineering for all storm drainage improvements associated with the project shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. The storm drainage plan shall demonstrate that post-development peak flows are less than or equal to the pre-development peak flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. g.A final grading and erosion control plan. n.That the requirements of the Ashland Fire Department relating to approved addressing; fire apparatus access, fire apparatus access approach, aerial ladder access, firefighter access pathways, and fire apparatus turn-around; fire hydrant distance, spacing and clearance; fire department work area; fire sprinklers; limitations on gates, fences or other access obstructions; and addressing standards for wildfire hazard areas including vegetation standards and limits on work during fire season shall be satisfactorily addressed in the Final Plan submittals. Fire Department requirements shall be included in the civil drawings. o.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. p.That CC&Rs for the Homeowner's Association shall be provided for review and approval of the Staff Advisor with the final plat submittal for the maintenance of all common use-improvements including driveway, open space, landscaping, utilities, and stormwater detention and drainage system, and shall include an operations and maintenance plan for the stormwater detention and drainage system. PA-T2-2021-00029 September 14, 2021 Page 23 q.The approved Tree Protection Plan and accompanying standards for compliance shall be noted in the CC&Rs. The CC&Rs must state that deviations from the approved Tree Preservation and Protection Plan shall be considered a violation of the Planning Application approval and therefore subject to penalties described in the Ashland Municipal Code. r.A fencing plan which demonstrates that all fencing shall be consistent with the provisions common open space, except for deer fencing, shall not exceed four feet in height. Fencing d height of fencing shall be identified at the time of building permit submittals, and fence permits shall be obtained prior to installation. s.That the applicant shall sign in favor of a local improvement district (LID) for the future improvement of Oak Street, including sidewalks, parkrow with irrigated street trees, curb, gutters and storm drainage. This agreement shall be recorded concurrently with the final subdivision survey plat. t.That a 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. 9.Prior to signature of the final subdivision survey plat: a.That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. b.The final survey plat shall include the dedication of additional right-of-way (approximately five-and-a-half feet) necessary to accommodate the future installation of city standard park row planting strips and sidewalks along the full Oak Street frontage to accommodate the street system proposed by the applicant. c.That the subdivision name and all street names shall be approved by the City of Ashland Engineering Division. d.All easements including but not limited to public and private utilities, drainage, irrigation, and fire apparatus access shall be indicated on the final survey plat as required by the Ashland Engineering Division. e.Subdivision infrastructure improvements including but not limited to utilities, driveway, and common area improvements shall be completed according to approved plans, inspected and approved prior to signature of the final survey plat. f.Replacement trees to mitigate the trees removed shall be planted and irrigated according to the approved plan, inspected and approved by the Staff Advisor. PA-T2-2021-00029 September 14, 2021 Page 24 g.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. h.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. 10.That prior to the issuance of a building permit for any unit: a.The applicant shall provide evidence that the Earth Advantage® certifications necessary to satisfy the requirements for the conservation housing density bonus are being pursued, and prior to the issuance of a final certificate of occupancy the applicant shall provide evidence of having received the required Earth Advantage® certification. September 14, 2021 Planning Commission Approval Date PA-T2-2021-00029 September 14, 2021 Page 25 Grizzly Peak View Subdivision ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Grizzly Peak View Subdivision A Performance Standards Subdivision Subject Property: Property Owner: Applicant: Planning Consultant: Engineer: Surveyor: Tree Protection and Planting Plan: Subject Property Map & Tax Lot: Comprehensive Plan Designation: Comprehensive Plan Designation: Zoning: Adjacent Zones: Lot Area: Overlay Zones: Request: Site Background and Description: Proposal: Access and Circulation Trees: Open space: Times New Roman Findings of Fact PERFORMANCE STANDARDS OVERLAY 18.3.9.030 A.Purpose. The purpose of the PSO overlay is to distinguish between those areas that have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for development under Performance Standards. B.Applicability. This chapter applies to properties located in the Performance Standards Option Overlay (PSO) as depicted on the Zoning Map. All developments in the PSO overlay, other than partitions and development of individual dwelling units, shall be processed under this chapter. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts is three. C.Permitted Uses. In a PSO overlay, the granting of the application shall be considered an outright permitted use, subject to review by the Planning Commission for compliance with the standards set forth in this ordinance and the guidelines adopted by the City Council. D.Development Outside PSO-Overlay. If a parcel is not in a PSO overlay, then development under this chapter may only be approved if one or more of the following conditions exist. 2. That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards or would be equal in its aesthetic and environmental impact. A.Outline Plan. A proposed outline plan shall accompany applications for subdivision approval under this chapter. For developments of fewer than ten lots, the outline plan may be filed concurrently with the final plan, as that term is defined in subsection 18.3.9.040.B.4. For developments of ten or more lots, prior outline plan approval is mandatory. 1. Review Procedure. The Type II procedure in section 18.5.1.060 shall be used for the approval of the outline plan. 2. Application Submission Requirements. 3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when 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 18.4.070. 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. 4. Approval of the Outline Plan. a. After the City approves an outline plan and adopts any zone change necessary for the development, the developer may then file a final plan in phases or in its entirety. b. If an outline plan is phased, 50 percent of the value of the common open space shall be provided in the first phase and all common open space shall be provided when two-thirds of the units are finished. B.Final Plan. 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 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 the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance. c. The common open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the street standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. 6. Any substantial amendment to an approved final plan shall follow a Type I procedure in section 18.5.1.040 and be reviewed in accordance with the above criteria. LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS 18.5.3.020 Applicability and General Requirements A. Applicability. The requirements for partitions and subdivisions apply, as follows. 1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one calendar year. B.Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. C.Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation. 1. The preliminary plat must be approved before the final plat can be submitted for review. 2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat. D.Compliance With Oregon Revised Statutes (ORS) chapter 92. All subdivision and partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92, Subdivisions and Partitions. E. Future Re-Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension ofstreets and utilities. The approval authority may require a development plan indicating how furtherdivision of oversized lots and extension of planned public facilities to adjacent parcels can occur inthe future. If the Planning Commission determines that an area or tract of land has been or is in theprocess of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. AMC 18.4.3.080. Vehicle Area Design A.Parking Location a.In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM, or M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. c.Street and driveway access points in an R-2, R-3, C-1, E-1, CM, or M-1 zone shall be limited to the following. i.Distance between driveways. on boulevard streets: 100 feet on collector streets: 75 feet on neighborhood streets:24 feet for 2 units or fewer per lot,50 feet for three or more units per lot ii.Distance from intersections. on boulevard streets:100 feet on collector streets: 50 feet on neighborhood streets: 35 feet d. Access Requirements for Multi-family Developments. All multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 4. Shared Use of Driveways and Curb Cuts. a. Plans submitted for developments subject to a planning action shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and all necessary access easements. Where necessary from traffic safety and access management purposes, the City may require joint access and/or shared driveways in the following situations. i. For shared parking areas. ii. For adjacent developments, where access onto an arterial is limited. iii.For multi-family developments, and developments on multiple lots. b. Developments subject to a planning action shall remove all curb cuts and driveway approaches not shown to be necessary for existing improvements or the proposed development. Curb cuts and approaches shall be replaced with standard curb, gutter, sidewalk, and planter/furnishings strip as appropriate. c.If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. 5. Alley Access. Where a property has alley access, vehicle access shall be taken from the alley and driveway approaches and curb cuts onto adjacent streets are not permitted. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. H. Unpaved Streets. I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. 18.2.5.090 Standards for Single-Family Dwellings A. The following standards apply to new single-family dwellings constructed in the R-1, R-1-3.5, R-2, and R-3 zones; the standards do not apply to dwellings in the WR or RR zones. B. Single-family dwellings subject to this section shall utilize at least two of the following design features to provide visual relief along the front of the residence: 1. Dormers 2. Gables 3. Recessed entries 4. Covered porch entries 5. Cupolas 6. Pillars or posts 7. Bay window (min. 12" projection) 8. Eaves (min. 6" projection) 9. Off-sets in building face or roof (min. 16") EXCEPTIONTO STREET STANDARDS 18.4.6.020.B.1. 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. 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. CONDITIONAL USE PERMIT 18.5.4.050 - Approval Criteria A.Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1.That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2.That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3.That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects onsurrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c.Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4.A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5.For the purposes of reviewing conditional use permit applicationsfor conformity with the approval criteria of this subsection, the target uses of each zone are as follows. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. VARIANCE CRITERIA 18.5.5.050 - Approval Criteria A.The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 3. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. STREET TREE REMOVAL Street Tree Removal Approval Criteria a) Emergency Tree Removal. The tree presents an immediate danger of collapse and represents a clear and present hazard to personsor property. Immediate danger of collapse is defined as a tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could beobtained through the non-emergency process. b) Hazard Tree Removal. The tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviatedby treatment, relocation, or pruning. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely tofall and injure persons or property. A hazard tree mayalso include a tree that is located within a public right-of-way and is causingdamage to existing public or private facilities or services and such facilities or services cannot be relocated. Attachments: STREET TREE REMOVAL PERMIT Planning Division 51 Winburn Way, Ashland OR 97520 541-488-5305 Fax 541-488-6006 A tree that is located in any public street right-of-way or other public property may not be removed until a Street Tree Removal Permit has been submitted according to the Application Submission Requirements, below, and reviewed and approved by the City of Ashland. An application for street tree removal must demonstrate that the tree is an emergency, hazard, or dead tree as outlined below in the Application Submission Requirements. Application Submission Requirements. An application for a street tree removal permit shall include all of the following information. 1.Application Form and Fee. The application must include the information requested on the Street Tree Removal Permit form provided by the City of Ashland and the permit application fee. Only those property owners of a lot adjoining the street tree location or homeowners’ associations responsible for street trees in their development or subdivision may apply to remove an adjoining street tree. If a tree is located in front of more than one property, each property owner or homeowners’ association official must sign the Street Tree Removal Permit form. 2.Site Plan. A site plan of the property drawn to scale containing the following information. The scale of the site plan must be at least one inch equals 50 feet or larger. a.North arrow and scale. b.Property boundaries including dimensions of all lot lines and driveway locations. c.Location and width of all public streets, planting strips, and sidewalks adjoining the site. d.Size, species, and location of the tree(s) proposed to be removed. 3.Written Statement. A written statement explaining how the proposed street tree removal satisfies one of the following approval criteria. The Community Development director may require additional information to demonstrate that the proposed removal satisfies one of the following approval criteria including: 1) a written statement to be prepared by an arborist licensed by the State of Oregon Landscape Contractors Board of Construction Contractors Board and certified by the International Society of Arboriculture or American Society of Consulting Arborists; and 2) an International Society of Arboriculture (ISA) Basic Tree Risk Assessment Form to be completed by an arborist. Street Tree Removal Approval Criteria a)Emergency Tree Removal. The tree presents an immediate danger of collapse and represents a clear and present hazard to persons or property. Immediate danger of collapse is defined as a tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. b)Hazard Tree Removal. The tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right-of-way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. c)Dead Tree. The tree is dead. A dead tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Replacement and Stump Removal. Applicants for approved Street Tree Removal Permits are required to remove any stumps and replace the tree. Stump removal and replacements for approved street tree removals shall meet the following requirements. 1.Any street tree removed shall be removed at ground level or lower. If a tree is removed below ground level, the surface must be restored to finish grade and any regrowth which occurs shall be promptly removed. 2.All street trees shall be an appropriate species selected from and planted according to the City of Ashland Recommended Street Tree List. 3.The minimum size for a replacement tree is eight feet in height or one inch in caliper measured at 12 inches above the root crown. 4.Applicants for a Street Tree Removal Permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. 5.If a street tree is determined to be dead or dying, then the replacement need be no larger than the minimize size described above. Type of Tree(s) _________________________________________________________________________________________________________ Approximate Diameter at breast height _______________ Height ________________________ Canopy _____________________________ Location of Tree ________________________________________________________________________________________________________ Reason for Request _____________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Are there underground utility lines and/or overhead power lines present? ___________________________________________________________ If yes, please list which lines are present _____________________________________________________________________________________ Is there sidewalk damage? _______________ If yes, has a Public Works permit been issued? ____________ OVER C:\\Users\\lucasa\\Desktop\\Street Tree Removal Permit_Revised 2016.doc DESCRIPTION OF PROPERTY Street Address __________________________________________________________________________________________________________ 39 1E Assessor’s Map No. ________________________________________________ Tax Lot(s) ______________________________________ Zoning _____________________________________________ Comp Plan Designation ___________________________________________ PROPERTY OWNER Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ PROFESSIONAL PERFORMING THE TREE REMOVAL (e.g., tree service) Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ ARBORIST, LANDSCAPE ARCHITECT, OTHER Title _____________________Name ________________________________ Phone ___________________ E-Mail ________________________ Address ______________________________________________________________ City _________________________ Zip _______________ Title _____________________Name ________________________________ Phone ___________________ E-Mail ________________________ Address ______________________________________________________________ City _________________________ Zip _______________ As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. I hereby certify that the statements and information contained in this application are in all respects, true and correct. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1)that I produced sufficient factual evidence to support this request; 2)that the information contained in this application are adequate; and further 3)that all trees, structures, or improvements are properly located on the ground. __________________________________ ____________________________________________________ Property Owner’s Signature (Date required) STAFF DECISION: Permit is hereby (circle one): Approved Approved with Conditions Denied Conditions of Approval ___________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Is the tree 18” d.b.h or greater? NOYESHas the City has been notified:NOYES ___________________________ _____________________________________________________________ Community Development Director/Planning Manager Signature Date C:\\Users\\lucasa\\Desktop\\Street Tree Removal Permit_Revised 2016.doc Amy Gunter Grizzly Peak view Subdivision 1314-B Center Dr., PMB 457 822 Oak Street Medford, OR 97501 541-951-4020 04CA: 200 & 201 February 5, 2021 Zoe Lane: Zoe Lane is the requested as the name for a new, public street. Zoe Applegate (b1878 - d1902) is the daughter of William Henry Applegate and Nancy Elizabeth Grubb Applegate. William was the first son of Jesse Applegate and Cynthia Parker born in Oregon. Jesse Applegate was part of the world famous Applegate party led by relatvies, Charles, Jesse and Lindsay Applegate. Zoe's grandfather was one of the first Oregon explorers of the "Southern Route" also referred to as the Applegate trail which was established in 1846. Oregonpioneers.com/1846 Zoe's mother was Nancy Elizabeth Grubb Applegate, she was the daughter of Ashland Pioneers Samuel Grubb and Elizabeth Bell Grubb. Zoe Applegate was only 24 years old, living a short and uneventful life but her grandparents are very noteable pioneer families. Zoe Applegate is interned in Section: 4, Block: 8, Lot:1, Grave:3 at Mountain View Cemetery in Ashland Oregon Each proposed name will be considered on its individual merits Surfacing Roads & A.Street may only be named: 1.If listed on the adopted Heritage Street Name List. The proposed name "Zoe Lane" is not on the Heritage Street Name List. Excavation Soils & 2.After a prominent person who: a.Achieved prominence as a result of his or her significant, positive contribution to the history of the world, United States, the State of Oregon, Southern Oregon, or the City of Ashland. The proposed street name is "Zoe Lane" for Zoe Applegate, first daughter of William Henry Harrison Applegate b. and Nancy Elizabeth Grubb Applegate, pioneer families that settled in the Oregon Is a real person, and yes Territory. Sanitary Sewer & Pollution Control c.Has been deceased for at least five years. deceased for more than five years. 3.For a geographical place name of prominence. 4.For flora, fauna, or geologic materials. 5.After a commemorative event which: a.Achieved distinction as a result of significant and positive contribution to the world, United States, the State Storm Drainage & Erosion Control of Oregon, Southern Oregon, or the City of Ashland. b.Actually occurred. 6.For a description of the area in which the street is located or a prominent landmark nearby. b.No street name shall be approved if it is similar to or pronounced the same as the name of any other street within the City. Water Supply & Fire Protection c.Names for new streets shall be approved by the public works director after consultation with the fire, police and community development departments.(Ord. 2819 §1, 1998) The following procedure shall be used in considering changes in street names: A.A person who desires a street name change shall submit a written request together with the application fee to the Electrical Power & Lighting engineering division of the public works department. The request shall state the reasons for the proposed name change and shall include a scale diagram of the street. B.Any proposed name change must meet the requirements of AMC13.24.010. C.The public works department shall consider the request and may schedule a public hearing before the City council. If a hearing is scheduled: 1.Notice of the public hearing shall be mailed to the owners of property fronting the street and the fire, police Landscaping & Irrigation and community development departments. 2.The scope of the hearing shall be limited to the change of the street name. 3.No recommendation for a name change shall be made unless the council finds that a public need for the change exists, confusion will be eliminated, or it is desirable for the convenience of the general public. The council shall have complete legislative discretion to change the name of any street in the City. D.Street name changes shall be made by resolution.(Ord. 2819 §§2, 3, 1998) Other M:\\_PW-Eng\\Addresses\\Streetname_assignment_revised.doc(7.19.2017)3of 4 A street name change application fee shall be established by resolution of the council. Planning (As of July1, 2017, the street name application fee is $111.00 per street.) Notwithstanding other provisions of this chapter, the council may rename a street in order to correct errors, to eliminate confusion or to further the public interest. Actions initiated under this section shall be exempt from the procedure set forth in section13.24.020.(Ord. 2793, 1997) Engineering Surveying Building Others TreeProtectionMeasures 1. Six-foot tall, chain-link fencing with steel posts placed no farther than ten feet apart, will be installed at the edge of the tree protection zone. 2. The fencing will be flush with the initial undisturbed grade. 3. Approved signs will be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project. 4. No construction activity will occur within the tree protection zone, including, dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. 5. The tree protection zone will remain free of chemically injurious materials and liquids, and construction debris or run-off. 6. No excavation, trenching, grading, root pruning, or other activity will occur within the tree protection zone unless approved by the Staff Advisor. 6' chainlink 7. All required tree protection measures will be instituted prior to any development activities, 35% + Tree to remove tree protection including, clearing, grading, excavation, or demolition work, and will be removed only after fence completion of all construction activity, including landscaping and irrigation installation. TreeProtectionMeasures 1. Six-foot tall, chain-link fencing with steel posts placed no farther than ten feet apart, will be installed at the edge of the tree protection zone. 2. The fencing will be flush with the initial undisturbed grade. 3. Approved signs will be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project. 4. No construction activity will occur within the tree protection zone, including, dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. 5. The tree protection zone will remain free of chemically injurious materials and liquids, and construction debris or run-off. 6. No excavation, trenching, grading, root pruning, or other activity will occur within the tree protection zone unless approved by the Staff Advisor. 6' chainlink 7. All required tree protection measures will be instituted prior to any development activities, 35% + Tree to remove tree protection including, clearing, grading, excavation, or demolition work, and will be removed only after fence completion of all construction activity, including landscaping and irrigation installation. TYPE III PUBLIC HEARING _________________________________ PA-T3-2021-00003 192 North Mountain Avenue Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF ELECTRONIC PUBLIC HEARING PLANNING ACTION: PA-T3-2021-00003 SUBJECT PROPERTY: 192 North Mountain Avenue OWNER:The Hodgins Family Trust (Robert & Beverly Hodgins, trustees); The Mary G. Walter Living Trust (Mary G. Walter, trustee); Steve White APPLICANT: KDA Homes, LLC DESCRIPTION: A request for annexation of 7.9 acres and Outline Plan approval for a 52-unit residential subdivision for the property located at 192 North Mountain Avenue. With annexation, 7.9 acres of the ten-acre property would be brought into the city with R-1-5 Single Family Residential zoning, and the entire ten-acres would be subdivided to create 52 residential lots and eight common areas. The application also includes requests for an Exception to Street Standards to not install a parkrow planting strip with street trees on the proposed bridge over Beach Creek; a Limited Activities & Uses Permit to install a bridge over Beach Creek in order to provide street connectivity to North Mountain Avenue; and a Tree Removal Permit to COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: Existing City R-1-5 & County RR-5, Proposed City R-1-5; 39 1E 10; 800. ELECTRONIC TRANSPORTATION COMMISSION MEETING: Thursday, August 19, 2021 at 6:00 PM ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday, September 14, 2021 at 7:00 PM G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\M\\Mountain, North\\MountainN_192\\NMountain_192_PA-T3-2021-00003\\Noticing\\NMountain_192_PA-T3-2021-00003_NOC #2.docx Notice is hereby given that the Transportation Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. If you would like to watch and listen to the Transportation Commission meeting virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website https://www.ashland.or.us/calendar.asp. scott.fleury@ashland.or.us Anyone wishing to submit written comments can do so by sending an e-mail to with the subject line Transportation Commission Written Testimony 10:00 a.m. on Wednesday, August 18, 2021. Written testimony received by the deadline will be available for Transportation Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, scott.fleury@ashland.or.us 10:00 a.m. on Wednesday, August 18, 2021. send an email to by In order to provide testimony at Transportation Commission the public hearing, please provide the following information: 1) make the subject line of the email Testimony Request to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact t-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). Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. You can watch the meeting on local channel 9, on Charter Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and selecting RVTV Prime. The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an objection concerning this application, or failure to provide sufficient specificity to afford the decision makers 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. Because of the COVID-19 pandemic, application materials are provided online and written comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488- 5305 or planning@ashland.or.us. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, 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. Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the subject September 14 PC Hearing Testimony September 13, 2021. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the September 14 PC Hearing Testimony September 14 2021. Written testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will be included in the meeting minutes. Oraltestimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Tuesday, September 14, 2021. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email September 14 Speaker Request 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you willbe participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone numberyou will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please -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). If you have questions or comments concerning this request, please feel free to contact Senior Planner Derek Severson, the staff planner assigned to review this application, at 541-488-5305 or e-mail: derek.severson@ashland.or.us G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\M\\Mountain, North\\MountainN_192\\NMountain_192_PA-T3-2021-00003\\Noticing\\NMountain_192_PA-T3-2021-00003_NOC #2.docx The Ashland Municipal Code (AMC) Land Use Ordinance (LUO) is available online in its entirety at: https://ashland.municipal.codes/LandUse (ANNEXATION) APPROVAL CRITERIA & STANDARDS AMC 18.5.8.050 An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with all of the following approval criteria: A. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; and urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system- wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian, and transit transportation meeting the following standards. 1. For vehicular transportation a 20-foot wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half- street standard with a minimum 20-foot wide driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to City standards. Where future street dedications are indicated on the Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within one-quarter (1/4) mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90 percent of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the County Clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35 percent shall not be included. G. Except as provided in subsection 18.5.8.050.G.7, below, annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay) shall meet the following requirements. 1. The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25 percent of the base density as calculated using the unit equivalency values set forth herein. The base density of the property for the purposes of this calculation shall exclude any undevelopable portions of the property such as wetlands, floodplain corridor lands, water resource areas, slopes greater than 35 percent, or land area dedicated as a public park. a. Ownership units restricted to households earning at or below 120 percent the area median income shall have an equivalency value of 0.75 unit. b. Ownership units restricted to households earning at or below 100 percent the area median income shall have an equivalency value of 1.0 unit. c. Ownership or rental units restricted to households earning at or below 80 percent the area median income shall have an equivalency value of 1.25 unit. 2. As alternative to providing affordable units per subsection 18.5.8.050.G.1, above, the applicant may provide title to a sufficient amount of buildable land for development complying with subsection 18.5.8.050.G.1.b, above, through transfer to a non-profit (IRC 501(c)(3)) affordable housing developer or public corporation created under ORS 456.055 to 456.235. a. The land to be transferred shall be located within the project meeting the standards set forth in subsections 18.5.8.050.G.5 and 18.5.8.050.G.6. b. All needed public facilities shall be extended to the area or areas proposed for transfer. c. Prior to commencement of the project, title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non-profit 501(c)(3) organization, or public corporation created under ORS 456.055 to 456.235. d. e. Transfer of title of buildable land in accordance with this subsection shall exempt the project from the development schedule requirements set forth in subsection 18.5.8.050.G.4. G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\M\\Mountain, North\\MountainN_192\\NMountain_192_PA-T3-2021-00003\\Noticing\\NMountain_192_PA-T3-2021-00003_NOC #2.docx 3. The affordable units shall be comparable in bedroom mix with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the market rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market rate units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 18.5.8.050.G.3, or as established by the U.S. Department of Housing and Urban Development (HUD) for dwelling units developed under the HOME program. Table 18.5.8.050.G.3 Unit Type Minimum Required Unit Floor Area (Square Feet) Studio 350 1 bedroom 500 2 bedroom 800 3 bedroom 1,000 4 bedroom 1,250 4. A development schedule shall be provided that demonstrates that that the affordable housing units per subsection 18.5.8.050.G shall be developed, and made available for occupancy, as follows: a. That 50 percent of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50 percent of the market rate units. b. Prior to issuance of a building permit for the final ten percent of the market rate units, the final 50 percent of the affordable units shall have been issued certificates of occupancy. 5. That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable units in any residential development shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market rate units. b. Affordable units may differ from market rate units with regard to floor area, interior finishes and materials, and housing type; provided, that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. 6. Exceptions to the requirements of subsections 18.5.8.050.G.2 through 18.5.8.050.G.5, above, may be approved by the City Council upon consideration of one or more of the following: a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on-site dedication requirement of subsection 18.5.8.050.G.2. b. That the alternative phasing proposal not meeting subsection 18.5.8.050.G.4 provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion. c. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per subsection 18.5.8.050.G.6, are necessary due to local, State, or Federal Affordable Housing standards or financing limitations. 7. The total number of affordable units described in this subsection 18.5.8.050.G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction or similar legal instrument shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years for units qualified as affordable rental housing, or 30 years for units qualified as affordable for-purchase housing. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, under the Comprehensive Plan, and the applicant will obtain planning action approval for an outright permitted use, special permitted use, or conditional use in conformance with the annexation request. 2. The proposed lot or lots will be zoned M-1, CM, E-1, or C-1 under the Comprehensive Plan, and the applicant will obtain Site Design Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services. 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service, or the service will become inadequate within one year. 5. The area proposed for annexation has existing City water or sanitary sewer service extended, connected, and in use, and a signed consent to annexation agreement has been filed and accepted by the City. 6. The lot or lots proposed for annexation are an island completely surrounded by lands within the City limits. (Ord. 3195 § 4, amended, 12/01/2020) G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\M\\Mountain, North\\MountainN_192\\NMountain_192_PA-T3-2021-00003\\Noticing\\NMountain_192_PA-T3-2021-00003_NOC #2.docx OUTLINE PLAN SUBDIVISION APPROVAL AMC 18.3.9.040.A.3 Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when 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 open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. LIMITED ACTIVITIES & USES PERMIT AMC 18.3.11.060.D All Limited Activities and Uses described in section 18.3.11.060 shall be subject to a Type I procedure in section 18.5.1.050. An application for a Limited Activities and Uses Permit shall be approved if the proposal meets all of the following criteria. 1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable. 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on Water Resources. 3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25 percent or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 4. Water, storm drain, and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, and wetland restoration and enhancement will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.3.11.110 Mitigation Requirements. 6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. EXCEPTION TO THE STREET DESIGN STANDARDS AMC 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. TREE REMOVAL PERMIT AMC 18.5.7.040.B 1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\M\\Mountain, North\\MountainN_192\\NMountain_192_PA-T3-2021-00003\\Noticing\\NMountain_192_PA-T3-2021-00003_NOC #2.docx b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 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Qmboojoh!Dpnnjttjpo!Bqqspwbm!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Ebuf ! QB.U4.3132.11114! Pdupcfs!23-!3132! Qbhf!42! Ashland Tree Commission Draft Minutes August 5, 2021 Call to Order Commission Chair Chris John called the meeting to order at 6:02 pm via Zoom Commissioners Present: Council Liaison Christopher John Stephen Jensen (ABS) Asa Cates Vacancy #3 Park Liaison Eric Simpson Peter Baughman Vacancy #5 Staff Present: Cat Gould Vacancy #7 Aaron Anderson: Associate Planner Commissioners Not In Attendance: Approval of Minutes Commissioners Eric Simpson / Chris John m/s to approve the minutes of July 8, 2021. Voice Vote: All Ayes. Motion passed Public Forum There was no one in the audience wishing to speak. Liaison reports Parks & Recreation Liaison Peter gave a brief summary about the oak tree that failed in Lithia Park Community Development Liaison Aaron updated current status of city buildings and commission meetings. Also mentioned the letter that was received from Congress. Type I Reviews PLANNING ACTION: PA-TREE-2021-00158 SUBJECT PROPERTY: 2181 Birchwood St. OWNER/APPLICANT: Geri Esposito and Jack Defonatine DESCRIPTION: A request to remove two Linden trees at the property located at 2181 Birchwood St. One g the side ber of reasons to request the removal including with the found COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1E 11 CC; TAX LOT: 1700 Staff briefly presented the application. Cates asked why this application was before us, Anderson explained that because the subdivision is attached duplexes the single-family exemption did not apply. A commissioner asked if there was any evidence of damage to the foundation, Anderson explained that for that reason the application was Type I Reviews (cont) noticed with both Hazard and non-hazard criteria to allow them to consider either choice. Gould said that she felt that many of the reason put forth to justify the removal did not appear to be valid reasons but mentioned that she was unfamiliar with the droppings from the trees. There was discussion of the applicability of the Tree that is not a hazard. Cates stated that the tree alongside the house is close enough to reasonably presume that it may cause issues to the hazard. Commissioners Asa Cates / Cat Gould M/S to approve the application as submitted with the understanding the removal will be mitigated with a smaller stature tree. Motion passed 3-0 PLANNING ACTION: PA-TREE-2021-00159 \[changed order due to lack of representation\] SUBJECT PROPERTY: 1320 Oregon St. OWNER/APPLICANT: Verity Construction DESCRIPTION: A request to approve a modification to an earlier land use approval to acknowledge the removal of a tree that was scheduled for protection during a Physical and Environmental Constraints Review Permit for Hillside Development (see PA-T1-2019-00083). During the inspection for the Certificate of Occupancy staff noted that the tree had been removed. This process is to document the removal and to ensure that a proper mitigation tree is planted. COMPREHENSIVE PLAN DESIGNATION:ZONING: MAP: Single Family Residential; R-1-7.5; 39 1E 15 BB; TAX LOT: 8700 Staff briefly presented the application and explained that the protection of this tree was probably not realistice when considering the robustness for a pine to survive construction activities. Cates felt that he feel that additional mitigation is required if they have in fact planted the trees. Commissioners Cat Gould / Eric Simpson M/S to approve the application contingent upon confirmation of the mitigation planting. Motion passed 3-0 PLANNING ACTION: PA-TREE-2021-00160 SUBJECT PROPERTY: 1675 Ashland St. OWNER: ColumbiaCare Rogue Ridge Apartments LLC APPLICANT: Kerry KenCairn DESCRIPTION: A request for approval to remove a single bigleaf maple (acer macrophyllum) at the property address as 1675 Ashland St. The tree had previously been approved for protection associated with the Site Design Review approving the ColumbiaCare housing project (Identified as Tree #5 on the approved plans). The application states that the tre building envelope and would be in conflict with the 3 rd floor. COMPREHENSIVE PLAN DESIGNATION:ZONING: Commercial; C-1; MAP: TAX LOT: 39 1E 10 DC;9201 Staff briefly presented the background on the application including the previous removal that was removed in July. Kerry Kencairn was present to represent the application and mentioned that this side of the property already has several mature trees and that this one honestly shouldt have been identified for protection. She explained that this tree is lopsided enough and leaning significantly that attempting to address the conflict through pruning would result in a very poor looking tree. Katherine and Colin Paris at 477 Lit Way who are neighbor wanted to speak concerned about losing the privacy. Expressed concerned that the NE of the lot was not planned to be planted enough. They also expressed concern that there is a cascading affect as this is another tree removal. Kerry replied M/S to approve the application as submitted as Commissioners Eric Simpson/ Asa Cates submitted with a condition that an additional small stature tree be added to the planting plan in the NE corner. Motion passes 3-0 Type II Reviews PLANNING ACTION: PA-T2-2021-00029 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 application also includes requests for: a AMC 18.4.6.040.C.1 Variance to allow a private driveway to serve four units () where dedication of a public street is typically required; a Conditional Use Permit to modify a non-conforming development where the required (AMC 18.4.3.080.C.3.a) driveway separation is not provided for an avenue , an Exception to Street Standards to not install city standard street frontage improvements along Oak Street, and a Street Tree Removal Permit to remove three Oak trees. COMPREHENSIVE PLAN DESIGNATION:ZONING: R-1-5; Single Family Residential; : 39 TAX LOT: 1E 04CA; 200 & 201 Staff briefly presented the application, and Amy Gunter represented the application and gave a brief slide show showing the three oak trees proposed to be removed as well, those to be retained and discussed the proposed tree protection plan. \[in the middle of the presentation Chis John had to leave, still had a quorum with three\] Following Ms. Gunter presentation commissioners asked questions clarifying the location of the driveway as it related to the trees proposed to be removed. At the conclusion of the applicant presentation Risa Buck who had contacted staff ahead of time wished to speak against the removal of two of the oaks. Ms. Buck also had complaints about trees of heaven that have been removed and caused multitudes of saplings to spring up on her property. Ms. Buck said that the trees that were removed ranged between 8-16 inches, despite the fact that the applicant claimed that those that were removed were below the threshold. Ms. Buck concluded by stating that these trees ought to be saved. Ms. Gunter on rebuttal cited the professional arborist opinion that was included in the application. The public hearing was closed and the tree commission deliberated. Cates said that oaks do not ak in the middle appeared to be in decent shape, and that the northern one looked alright, but that the southern one clearly needs to be removed. Cates stated that the middle oak may be worth preserving, but that the excavation may significantly affect it. Commissioners Cat Gould / Asa Cates M/S to approve the application with the condition that the project arborist monitor the protected trees for their health during the project and that three oak trees be mitigated by planting three replacement large stature oaks prior to completion of the project. Motion passed 3-0 PLANNING ACTION: PA-T3-2021-00003 SUBJECT PROPERTY: 192 North Mountain Avenue OWNER: The Hodgins Family Trust The Mary G. Walter Living Trust APPLICANT: KDA Homes, LLC DESCRIPTION: A request for annexation of 7.9 acres and Outline Plan approval for a 52-unit residential subdivision for the property located at 192 North Mountain Avenue. With annexation, 7.9 acres of the ten-acre property would be brought into the city with R-1-5 Single Family Residential zoning, and the entire ten-acres would be subdivided to create 52 residential lots and eight common areas. The application also includes requests for an Exception to Street Standards to not install a parkrow planting strip with street trees on the proposed bridge over Beach Creek; a Limited Activities & Uses Permit to install a bridge over Beach Creek in order to provide COMPREHENSIVE PLAN DESIGNATION: ZONING: Existing Single Family Residential; City R-1-5 &County , Proposed RR-5City R-1-5; 39 1E 10; 800 Staff briefly presented the application and turned the presentation over the Mark Knox and Tom Madara. Mr. Knox discussed how the subdivision was designed around large oak tree to the south of the farmhouse. The main road entering the subdivision goes through the two most major trees on the site with enough room that neither should beaffected. The proposal only includes four trees that are in poor enough health or location that their removal is required. Mr. Knox discussed the extensive landscaping plan and the number of plants and trees to be included. Tom Madara. Ms. Fallon was present but did not wish to speak but was curious about a question that had been submitted by Sue Whitman. Staff was unaware of the question. The public hearing was closed and the tree commission began their deliberation. Cates stated that this is a large development with only a request to remove 4 trees, and when considering the replacement plantings this is very pro tree. Gould stated that she was happy to see the creek preservation and that she thought this was good project. Commissioners Asa Cates/ Eric Simpson M/S to approve the application as submitted. Motion passed 3-0 Street Tree Removal Permits 622 S Mountain Applicant Public Works: 2 non-hazard street tree removals to allow for emergency on-ramp. The project was only briefly discussed, there was unanimous approval that it was a necessity. Staff request unanimous consent, no objection. Adjournment:Next Meeting: September 9, 2021 Meetingadjourned at 8:06p.m. Respectfully submitted by Liz Hamilton ASHLAND TRANSPORTATION COMMISSION MINUTES August 19, 2021 CALL TO ORDER: 6:03pm Commissioners Present: Mark Brouillard, Joe Graf, Corinne Vièville, Linda Peterson Adams, and Katharine Danner Commissioners Not Present: Derrick Claypool-Barnes Council Liaison Present: Paula Hyatt Staff Present: Scott Fleury Guests Present: None ANNOUNCEMENTS – Chair Peterson-Adams announces that at the August 17, 2021 City Council meeting the th Transportation System Plan Update and Vision Zero items were pulled from the agenda and delayed. The items will be reviewed and discussed at a future study session. Starting at 7pm on August 19a webinar titled “Rethinking Streets”is scheduled and Chair Peterson-Adams th requests a motion to adjourn the meeting after discussion of the 192 North Mountain Avenue Annexation business item. Danner motions to adjourn the meeting after discussion of the 192 North Mountain Annexation item and move the Vision Zero Action Plan and Traffic Calming Program agenda items to the September meeting. Brouillard seconds. Ally Ayes, Motion Carries. Council Hyatt mentions the tentative study session date to discuss the TSP and Vision Zero program is October 18, th 2021. CONSENT AGENDA Approval of Minutes July 15, 2021 Danner motions to approve minutes with stated corrections, Brouillard seconds. Commissioners approve minutes as amended. All ayes. Minutes approved. PUBLIC FORUM Chair Peterson-Adams references written testimony supplied requesting a marked crosswalk on Pinecrest Terrace at the location of the TID ditch crossing. Public Works will formally investigate the location for a marked crosswalk. Staff believes a marked crosswalk makes sense at that location, but a formal analysis needs to occur. CRASHREPORT: Officer MacLennan not in attendance and crash report is not discussed comprehensively. NEW BUSINESS A.192 North Mountain Annexation – Chair Peterson-Adams informs Commission that comments and associated discussion regarding the annexation proposal be limited to the transportation related items within the proposal. Public Comment: Written testimony received was sent to the Commission for consideration in discussion regarding the annexation proposal. Rich Rosenthal, Ashland, provides oral comment. He is in support of the proposal and the recommendation to Transportation Commission July 15, 2021 Page 1 of 3 ASHLAND TRANSPORTATION COMMISSION MINUTES August 19, 2021 Orchid Street only providing a pedestrian connection only, not a thru street. As a resident of the area for 23 years he has often witnessed vehicles trying to use Orchid and Rose Streets as a traffic signal avoidance strategy for East Main Street. He feels the developer after multiple discussion with neighbors has come to a reasonable conclusion to only connect Orchid Street with a pedestrian connection. Derek Severson, Senior Planner provides the Commission with an overview presentation of the annexation proposal and details the specific transportation related requirements in the Ashland Municipal Code. The proposal includes annexing a 7.9-acre property and outline approval for a 52-unit subdivision. It also includes installation of a bottomless culvert crossing over Beach Creek and an exception to the Street Design Standards to not install parkrow or street trees along the culvert section of roadway. Severson informs Commission the formal process and associated procedure for the annexation proposal include discussions and recommendations with the Transportation and Tree Commission’s and all the information would then be presented before the Planning Commission who in the end would make a recommendation to the City Council. The ultimate decision on approving the annexation falls to the City Council. Severson reviews annexation criteria defined in Ashland Municipal Code (18.5.8.050E) specific to the transportation network. The code requires adequate transportation for vehicles, bicycles, pedestrians, and transit exist or be provided by the proposal. Severson review the traffic engineer’s assessment of the proposed development on traffic patterns and impacts to adjacent neighborhoods. Severson also details the specific components in the code related to each transportation mode that must provide adequate transportation. Planning staff are still reviewing all information associated with the proposal and are crafting recommendations and conditions of approval for the Planning Commission hearing. Any recommendations or input from the Transportation Commission will be considered by planning staff and utilized as part of the public hearing process. The applicant, Mark Knox of KDA Homes provides the Commission with an overview of the proposal and the public outreach they have done with the adjacent neighborhoods. These discussions included severing the proposed full connection to Orchid Street and also provided the opportunity to build more affordable housing units with Habitat for Humanity. Knox also discusses the streetscape design and user-friendly pedestrian environments associated with the subdivision layout. The road network layout embodies the open space and Beach Creek riparian corridors. They have also managed the design to save existing mature trees onsite as part of the proposal as well. Chair Peterson-Adams provides multiple comments on the proposal: 1. The Transportation Commission is looking at the bike path crossing for signage/safety improvements 2. Questions if a crosswalk across North Mountain considered as part of the proposal 3. Questions if the pedestrian crossing on the west side of North Mountain over the railroad tracks is planned 4. The subdivision provides for excellent connectivity, supports the adjacent neighborhoods and looks to limit cut through traffic 5. Provides a 12’ multi-use path easement on the north side of the railroad tracks 6. The street standard expectation is appropriate 7. Distance from access to railroad crossing is appropriate 8. Traffic analysis supports a no-adverse impact condition Traffic Engineer Georgevitch responds to questions regarding estimates of how trips were dispersed through the development and specific to the parking lot connection on Orchid Street to the affordable housing units. The trips are estimates and considered very low overall (4-5 peak hour trips). Transportation Commission July 15, 2021 Page 2 of 3 ASHLAND TRANSPORTATION COMMISSION MINUTES August 19, 2021 Chair Peterson-Adams also references general concern about the increased traffic on North Mountain once the development is completed. Staff explains to the Commission their 2021-2023 Biennium Capital Improvement Plan has a rehabilitation project planned for North Mountain. The project limits go from East Main Street to the interstate overpass. The rehabilitation project will include sidewalk infill, pedestrian safety improvements (crosswalks), traffic calming enhancements throughout the corridor. A speed study was just completed along the corridor and that information will be provided to the selected design consultant. The rail crossing will also be improved for both pedestrians and vehicular traffic. This will be a City funded project. Danner is concerned about additional traffic on Fordyce given its current layout. Georgevitch estimates that 80% of the new trips will use North Mountain and not connect to Fordyce given that Mountain connects to the downtown and other end user destinations. It is anticipated their will be a nominal change to the adjacent neighborhoods when the development is complete. Graf supports the proposal and not connecting to Orchid Street due to the narrowness of Orchid Street and Rose Lane. Graf is concerned about off-street parking and potential street parking impacting adjacent neighborhoods. Knox addresses the comment as they are proposing a little over three (3) spaces per unit, which includes garage spaces and does not consider driveway area or other off-street parking areas. Graf motions to find that the annexation of 192 North Mountain meets the annexation requirements of Ashland Municipal Code 18.5.8.050E (1), (2), (3) and (4). Danner seconds. All Ayes, Motion Carries. TASK LIST A. Not discussed. FOLLOW UP ITEMS A. None INFORMATIONAL ITEMS- A. None. COMMISSION OPEN DISCUSSION- None FUTURE AGENDA TOPICS A. Residential Parking Program B. Street User Fee/Gas Tax (budget/TSP) C. Crosswalk Policy ADJOURNMENT: @ 7:01pm Respectfully submitted, Scott Fleury PE, Public Works Director Full Video Available by Request** ** Transportation Commission July 15, 2021 Page 3 of 3 August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Orchid Street in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Roger Noyes 1257 Orchid Street August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Orchid Street in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Brian and Roxi Hallack 1254 Orchid Street Maggie Wieckowski 1254 Orchid Street Scott Appleton and Theresa Figone 1274 Orchid Street James and Marcia Boeckl 1287 Orchid Street Les Stone and Karen Von Bergen 1208 Rose Lane (front door faces Orchid Street) From:Karen Scheer To:Scott Fleury Subject:Pedestrian access for KDA development off Mountain Ave Date:Tuesday, August 17, 2021 7:51:18 PM \[EXTERNAL SENDER\] To: Transportation and Planning Commissioners and whom ever this may concern, I have lived on Orchid Street for 10 years and in Ashland for 20 years. It is my opinion that the proposal by KDA Homes to create a walking path connecting Beach Creek Way to Orchid Street meets the requirements for a pass through allowing the new neighborhood to be accessible to ours. Should our street be connected to through vehicle traffic it will likely become a preferred route between North Mountain and Fordyce Streets. In my opinion, Orchid Street is not wide enough to support the volume of traffic that this would create. We often have extra cars parked on our street due to Rose Court having no on street parking. This results in cars parked on both sides of Orchid Street and occasional mishaps occur due to the narrowed space. Almost certainly emergency vehicles would have difficulty passing or parking. We currently cultivate a quiet neighborhood where children and dogs play, and neighbors gather for conversation or lawn games. A walking path would allow Beach Creek neighborhood to access the Growers Market, Science Works and schools and preserve the friendly environment that I have come to love and appreciate. Sincerely, Karen Scheer 1245 Orchid St. From:Julia Sommer To:Scott Fleury Cc:Beth; Sue Whiteman; Patrick Mountain; <trudyandbruce@gmail.com> Subject:Re: Transportation Commission Written Testimony for Hearing on August 19th Date:Tuesday, August 17, 2021 4:27:16 PM \[EXTERNAL SENDER\] Hi, Scott: I’d like to add to Beth’s written testimony that 1. A crosswalk at Village Green would need flashing lights due to heavy, speeding traffic on N. Mountain. 2. The Village Green street sign is not visible ahead of time, making turning onto Village Green from N. Mountain very dangerous. Julia Sommer 1158 Village Square Dr. Ashland On Aug 16, 2021, at 1:58 PM, Scott Fleury <scott.fleury@ashland.or.us> wrote: Beth, This is to confirm receipt of your email and I will forward to the Transportation Commission as part of their discussion on the annexation proposal for Thursday night. Thanks, Scott A. Fleury, P.E. Public Works Director City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2412, TTY 800-735-2900 Fax: (541) 488-6006 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) 552-2412. Thank you. From: Elizabeth Jandernoa <bjandernoa@mac.com> Sent: Monday, August 16, 2021 1:55 PM To: Scott Fleury <scott.fleury@ashland.or.us> Cc: Glennifer Gillespie <glennifer@aol.com>; Patrick Mountain <patrick@patrickmountain.com>; Julia Sommer <juliamsommer@gmail.com>; Sue Whiteman <suewhiteman063@gmail.com>; Trudy Duncan <trudyandbruce@gmail.com> Subject: Transportation Commission Written Testimony for Hearing on August 19th \[EXTERNAL SENDER\] Dear Scott, I am Co-President of the Ashland Village Homeowners Association and am writing at the request of many of our residents regarding the new development being considered at 192 North Mountain. Ashland Village property and the homes of several residents run along the north side of the proposed KDA Beach Creek Development. Over the years, traffic on North Mountain Avenue has increased dramatically, making it both difficult and dangerous to turn onto N. Mountain from Village Green and for pedestrians to walk across N. Mountain. We have seen close calls for pedestrians crossing to N. Mountain Park and further south, crossing to walk downtown. Many rear-enders have been narrowly avoided for cars turning onto Village Green. We are fine with the proposed development, but with the addition of residents from 50+ homes, we are concerned about the additional traffic and the increased risk to the safety of drivers, pedestrians, and bicyclists. To resolve this, we would like to request that a pedestrian crosswalk be placed across N. Mountain at Village Green to slow cars down and to allow pedestrians and bicyclists to cross with greater safety. It would also reduce rampant, dangerous speeding up and down N. Mountain. Sincerely, Beth Jandernoa Co-President Ashland Village Homeowners Association 251 Village Park Drive 541-601-0269 August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Rose Lane in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Rose Lane in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. James Dysktra1238 Rose Lane Amy and Dan Preskenis 1248 Rose Lane Jeff Stein 1285 Rose Lane August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Rose Lane in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Les Stone and Karen Von Bergen 1208 Rose Lane Virginia Eckert and Brian Aloisio 1271 Rose Lane Courtney and Fabricio Gavilanes 1258 Rose Lane Heidi Gottlieb 1218 Rose Lane Heidi Parro 1268 Rose Lane August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Fordyce Street in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Stacey Berrum 595 Fordyce Street August 17, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision I live on Fordyce Street in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street, which is 13 feet clearance, it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play, ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Patricia Smith and Jennie Watt 635 Fordyce Street From:Elizabeth Jandernoa To:Scott Fleury Cc:Glennifer Gillespie; Patrick Mountain; Julia Sommer; Sue Whiteman; Trudy Duncan Subject:Transportation Commission Written Testimony for Hearing on August 19th Date:Monday, August 16, 2021 1:55:18 PM \[EXTERNAL SENDER\] Dear Scott, I am Co-President of the Ashland Village Homeowners Association and am writing at the request of many of our residents regarding the new development being considered at 192 North Mountain. Ashland Village property and the homes of several residents run along the north side of the proposed KDA Beach Creek Development. Over the years, traffic on North Mountain Avenue has increased dramatically, making it both difficult and dangerous to turn onto N. Mountain from Village Green and for pedestrians to walk across N. Mountain. We have seen close calls for pedestrians crossing to N. Mountain Park and further south, crossing to walk downtown. Many rear-enders have been narrowly avoided for cars turning onto Village Green. We are fine with the proposed development, but with the addition of residents from 50+ homes, we are concerned about the additional traffic and the increased risk to the safety of drivers, pedestrians, and bicyclists. To resolve this, we would like to request that a pedestrian crosswalk be placed across N. Mountain at Village Green to slow cars down and to allow pedestrians and bicyclists to cross with greater safety. It would also reduce rampant, dangerous speeding up and down N. Mountain. Sincerely, Beth Jandernoa Co-President Ashland Village Homeowners Association 251 Village Park Drive 541-601-0269 From:rina and karl pryor To:Scott Fleury Subject:Transportation Commission Written Testimony Date:Tuesday, August 17, 2021 1:02:56 PM \[EXTERNAL SENDER\] Mr. Fleury, My name is Karl Pryor and I live at 1221 Orchid St. I am writing in regards to the property at 192 North Mountain Avenue and its proposed annexation and development. My wife and I bought our house in 2000 and we raised our three children in it. Our neighborhood has been a fantastic place to raise a family because of its proximity to all three levels of public schools, to parks, and to downtown Ashland. Living at the end of Orchid Street has also been a blessing because the dead end functions as a cul-de-sac where our children felt safe to go play outside. One of the more dangerous aspects of our neighborhood is the frequent exploration of drivers who turn off East Main--especially when a train is passing--to explore a quick passage to North Mountain. Because Rose Lane and Orchid Street are so close to the railroad tracks people often mistakenly think they can use them to quickly cut over to North Mountain. The current plan for the development by KDA Homes has Orchid Street spilling into a parking lot for the affordable housing units in the plan which will maintain the character of our neighborhood.. Additionally, the current plan mimics the traffic pattern developed in the Village Square and Village Park Drives above North Mountain Park which keeps vehicles in that neighborhood at a safe speed. It is for these reasons that I support the current roadway plan proposed by KDA Homes. Thank you for your consideration. Sincerely, Karl Pryor 1221Orchid St Ashland, OR 97520 From:Kathy Rayman To:Scott Fleury Subject:Walking Path, please… Date:Tuesday, August 17, 2021 6:56:41 PM \[EXTERNAL SENDER\] I NOT in favor of a street cut through into Orchid St. in our quiet family neighborhood. Please make it a walking path instead. Thank you, Kathy Rayman Kathycoexists@me.com Sent from my iPhone August 17, 2021 Dear Transportation Commissioners, This is Kay Sandberg at 1209 Orchid Street, Ashland. I support KDA Homes’ application for the Beach Creek sub-division to include a pedestrian walkway at the end of Orchid (page 34 of the packet). This could be an ideal place to connect our family-centric neighborhood with new neighbors by having a pedestrian and bike walkway. This would help ensure that new neighbors could also enjoy walking safely to the Grower’s Market, nearby schools and Science Works, for example. It would be reasonable to assume that if Orchid were to become a through-street, it would be the first and therefore easiest, cut-through or shortcut for folks wanting to avoid traffic on East Main to get to Mountain Blvd. This, in turn would amplify the volume of traffic beyond the carrying capacity of our street and our HOA, which includes Rose Lane. From a safety standpoint, I feel Orchid Street is too narrow for increased two-way traffic or emergency vehicles, especially if there were an increase in the number of parked cars—so many people have second cars, boats, RVs. Meanwhile, Rose Lane, which feeds into Orchid off Fordyce, is even more narrow—so narrow there is already NO street parking and it can be challenging to pass larger vehicles. By declaring Orchid a pedestrian-friendly (only) zone, we could avoid these pitfalls. Neighbors on Orchid Street and Rose Lane have co-created an unusually welcoming, cooperative neighborhood that already will be changed by the nearby field being occupied. I encourage the City to evaluate the importance of preserving this strong “community within a community”, populated by many teachers, nurses, massage therapists, and other healthcare professionals serving our Valley. The City ideally is here to serve ALL citizens, both “new” and “old”. Maintaining what is already working so well, especially with the prospect of such a big expansion nearby, would be a step in the right direction! Thank you for your consideration. Sincerely, Kay Sandberg 1209 Orchid Street 650.380.2498 mobile From:Erica Sullivan To:Scott Fleury Date:Wednesday, August 18, 2021 11:20:24 AM \[EXTERNAL SENDER\] August 18, 2021 To: Transportation and Planning Commissioners Re: Beach Creek Subdivision Dear Scott, I live on Fordyce Street in Ashland. The proposal by KDA Homes for a walking path to connect Beach Creek Way to Orchid Street meets the requirements for a pass through regarding the neighborhoods be accessible to each other. Should the streets be connected to one another it will become a main artery between North Mountain and Fordyce Streets. Orchid Street/Rose Lane is not wide enough to support the volume of traffic that would occur. When cars are parked on both sides of the street it would be dicey for emergency vehicles to pass, let alone cars going in both directions. This is a quiet neighborhood where families are comfortable letting their children play (there are a lot of kids!), ride bikes, roller skate, walk their dogs and stand on the sidewalks to talk with neighbors. A walking path would allow Beach Creek neighborhood to walk/bicycle to the Growers Market, Science Works and to school in a quiet and safe environment that I have come to love and appreciate. Please consider the walking path as the option that would serve both neighborhoods in the best way. Thank you. Erica Sullivan 641 Fordyce Street Melanie Mindlin Ashland Cohousing Community aka Bear Grass village 1248 Calypso Court, Ashland, OR 97520 541-482-7909 April 21, 2021 KDA Homes Attn: Mark Knox 604 Fair Oaks Ct. Ashland, OR 97520 Cc: Derek Severson City of Ashland Planning Department RE: New Development between Fordyce St. and Mountain Ave. Dear Mark, Thank you for the opportunity to talk with you about the new development planned by KDA Homes on the property adjoining Ashland Cohousing Community (Calypso Court). I want to document a couple of things that we discussed and to which you gave me verbal promises. 1) Pedestrian path. The location of the pedestrian path on your planning documents does not line up with the public path that connec made a formal decision that we do NOT want the pedestrian path to connect through our property if it can be avoided. Our community has many young children who use the central area for minimal or unsupervised play throughout the day and evening. Some of these children are as young as two years old. Opening a public pedestrian pathway will fundamentally change the experience of these families. You indicated that the Ashland Planning Department is not requiring you to put in this path as there will be other connectivity nearby. You promised me verbally that you would remove it from the plan. We are grateful for this consideration. 2) Open space in the cottage homes adjoining Ashland Cohousing Community. There is a very dense section of your development planned for affordable cottage housing adjoining our property. In the plan you shared at the Neighborhood meeting, you showed only a 6 foot setback from our adjoining property line even though this is actually the back of the cottage homes. These homes are all duplexes, making them about the size as other homes in this area. There is a section of open space required for this part of the development. I asked if you could put that open space next to our shared property line, rather than on the street. I pointed out that your homes need to have 200 sq. ft. each of private space, and this could be claimed along the front of the homes if they were along the street rather than next to the property line. You agreed that this was a reasonable request and that you would change the plan to put the open space on the interior of the cottage home section where it adjoins our property. This will also ease the experience of the adjoining neighbor on Orchid Street. I want to add that our community was careful to have full backyard setbacks on all sides that adjoined our neighbors10 feet for one story and 20 feet for 2 stories on all three shared property lines. You could make an argument that the Ashland standards do not require this, but it seems appropriate when using an alternative development model and there are no unique circumstances preventing you from doing it. Finally, I would like to remind you that we are interested in the possibility of including some adjoining homes in our community. On your latest plan, there is one single family home that adjoins our open space. We think it is likely that we can find someone that would like to purchase this home and participate in our community. I have already given your phone number to our friend Chanti to discuss this. We also wish to be kept informed of the process of the affordable housing community. Understanding that you will partner with a nonprofit developer for that project, we would like to be in the loop with the intention that we might be able to house some low-income friends that would like to be part of our community within that project. Thanks again for cooperating with us, Melanie Mindlin Ashland Cohousing Community (Aka Bear Grass Village) BEACH CREEKSUBDIVISION FOR A ANNEXATION, OUTLINE PLAN SUBDIVISION, STREET STANDARD EXCEPTION, A WATER RESOURCE PROTECTION ZONE PERMIT AND A TREE REMOVAL PERMIT SUBMITTED TO CITY OF ASHLAND FOR KDA HOMES 604 FAIR OAKS COURT ASHLAND, OR 97520 Subject Property (single tax lot) City Boundary ST JUNE 21, 2021 1 | Page I. PROJECT INFORMATION: Beach Creek Subdivision LEGAL DESCRIPTION: 391E 10 Tax Lot 800 APPLICANT: DESIGNER:ENGINEERS: KDA Homes, LLC Lindemann Design Construction Engineering Consultants 604 Fair Oaks Court 550 W. Nevada Street P.O. Box 1724 Ashland, OR 97520 Ashland, OR 97520Medford, Oregon 97501 Tel: 541.821.3752 Tel: 503.866.4742 Tel: 541.779.5268 SURVEYOR: BIOLOGIST: LANDSCAPE DESIGN / ARBORIST: Polaris Land Surveying, LLC Madara Design, Inc. Schott & Associates 151 Clear Creek Dr #101, 21018 NE Hwy 99E 2994 Wells Fargo Road Ashland, OR 9752Aurora, OR 97002 Central Point, OR 97502 Tel: 541-482-5009 Tel: 503.678.6007 Tel: 541.944.4287 PROJECT ZONING: The property is partially in the City and County with roughly 2.1 acres within City limits zoned R-1-5 and the remaining 7.9 acres is within the County and zoned RR-5, Rural Residential, but will be zoned R-1-5 once annexed into City limits. PROJECT COMPREHENSIVE PLAN: Single Family Residential. PROJECT PROPOSAL: The applicants will be requesting an Annexation, Outline Plan Subdivision, Street Standards Exception, Water Resource Protection Zone Permit and a Tree Removal Permit. PROJECT DATA: Lot Acreage: City: 2.1 acres County: 7.9 acres Total: 10 acres Base Density: R-1-5 = 4.5 units per acre Total: 45 units Base Density (City): R-1-5 = 2.1 acres X 4.5 units per acre Total: 9.45 units Base Density (County): R-1-5 = 7.9 X 4.5 units per acre Total: 35.55 units Permitted Bonus Density (60%): Total: 72 units Proposed Density Bonus for Affordable Housing (16%): Total: 7 units Total Proposed Units: Total: 52 units Affordable Units Base Dens: County (7.90 acres) less unbuildable (.29 ac) Total: 7.61 acres Affordable Units: 25% of Base Density (7.61 X 4.5 X .25) Total: 8.561 units Affordable Units Required: lency Total: 6.84 units (6) Affordable Units Provided: 5 (3-bedroom) & 3 (2-bedroom) Total: 8 units Required 6 / Provided 8 Total: 2 units Open Space Required (5%): 10 acres X .05 = 21,780 sq. ft. Total: .05 acres Open Space Proposed (21.2%) (49,995 Riparian / 42,439 Common*) Total: 2.12 acres * Not including future open space with proposed cottage area 2 | Page PROJECT HISTORY & SITE DESCRIPTION: property has no land use development history and has remained in single family ownership for many years. The property lays within the center of the City of Ashland, but has remained an island of County land surrounded by City limits. The property is bound by City limits with North Mountain Avenue to the west, the Central Oregon Pacific Railroad (to the south), the Ashland Village Subdivision (c1997) to the north and various subdivisions to the east (Ashland Willows (c1998), Sunnyview (c1993), Bear Grass Village (c2007) and Ashland Parkview (c 1995). The property includes a single family structure (c1895) along North Mountain Avenue (192 North Mountain Avenue) and five accessory buildings, three within the close vicinity of the residence and two within the area. Three driveway openings exist along the North Mountain Avenue frontage as well as a public sidewalk, planting strip and bike lane. A narrow dirt driveway exists crossing Beach Creek, from the residence to the out building in the rear open field. Beach Creek traverses through the property, day lighting at its southern end adjacent to the railroad tracks and extending northerly to and through the adjacent subdivision to the north. A number of large trees exist, but primarily within the vicinity of the house and a few along Beach Creek. An extensive amount of Blackberry patches exists along the entire southern boundary, within the Beach Creek riparian area and periodically near adjoining properties. The property is relatively unobstructed with a gradual south to north slope of roughly 3%. Old Willow Lane Subject Kirk Lane Property Orchid Street 3 | Page II. PROPOSAL: 1) Annexation: Urban Growth Boundary under the procedures of AMC 18.5.8. The subject property is surrounded by City limits, urbanized property, and various transportation connections. The annexation proposal is being requested to be processed under ORS 222.170. 2) Outline Plan Subdivision: The applicants are proposing to divide the property into a 52 lot residential subdivision and eight common area lots. The proposed 52 lot subdivision is being processed herein under AMC 18.3.9, Performance Standards Options Subdivision and will include various strategies related to conscientious planning for urban infill sites, human scale streetscape design, affordable housing, resource protection and pedestrian friendly mobility. 3) Street Standard Exception: to exclude the park row (planting strip) and street trees for the portion of the box culvert / bridge extending over Beach Creek. No other exceptions are proposed. 4) Limited Activities and Uses Permit (Water Resource Protection Zone Permit): Beach Creek is applicants are proposing to install a box culvert / bridge within the creek channel in order for a street to be extended from North Mountain Avenue, into and out of the property. The street connection is identified on 5) Tree Removal Permit: A Tree Removal Permit trees which are greater than is requested. The trees in question have been deemed by a licensed Arborist to be seriously damaged, conflicting with electrical lines or are in poor condition. III. SPECIFIC PLAN PROPOSALS: 1) Annexation: acres that are within The property is one single parcel of 10 acres, but roughly 2.1 acres is within City limits and 7.9 acres outside City limits. The entire property is not only surrounded by the City City limit boundary, but also completely surrounded by urban development and within walking distance to public schools, City parks and various essential services. Overall, the property is essentially an island of vacant land within the center of the City formed after many years of annexation expansions and urban development surrounding the property while the current property owners continued to maintain the property as a farm. Unfortunately, the property is no longer a viable farm due various market factors, the surrounding urbanization and the inability of the family to keep up with its extensive maintenance. The inclusion of the 7.9 acre area the Annexation Criteria of AMC 18.5.8.050 (Ord 3195, adopted 12/1/20). T 4 | Page Plan designation is Single Family Residential and due to the existing urbanization surrounding the property with various points of entry via four public rights-of-way and one proposed main entry from North Mountain Avenue, there is more than adequate infrastructure and transportation connections to serve the property. The proposal includes a request to develop a 52 residential lot subdivision which will include eight independent lots to be built as four affordable housing homes and four affordable cottages. All of the affordable units will be constructed by Habitat for Humanity with the applicants providing for all off-site improvements related to roads, sidewalks, utility stubs, etc. The affordable units will be restricted to households earning 80% or less of the area median income. The applicants are working with Habitat for Humanity to ensure the units exterior appearance and quality are visually compatible with the market rate units and will include comparable improvements related to solar panels and other energy efficiency standards (Earth Advantage Platinum). 2) Subdivision Plan: The general design of the proposed subdivision is based on a number of factors, but primarily based on the physical characteristics of the property and the existing street pattern in the area that connects to the subject property. Specifically, the street leading into the subdivision from North Mountain Avenue was carefully located to not only avoid two large mature trees as noted in the photo below, but to also provide as much clearer distance from the railroad and North Mountain Avenue crossing as feasibly possible, in this case roughly 17 the expanse of the crossing over Beach Creek in a narrower section of the creek as directed under Chapter 18.3.10, Physical and Environmental Constraints Overlay as noted above. Most important, the new street 5 | Page There are also a number of existing streets alon- development of the subject property. The connection to the exterior streets, including one to the north (Village Park Drive), create an obvious street pattern for the proposed development as a whole, but also support dispersing vehicular trips, but also gives more options for alternative forms of transportation and connects the surrounding subdivisions to and through the new development with the intent to finalize the puzzle to create a larger and more cohesively connected neighborhood. - from Mountain Avenue to East Main, but will include a pedestrian connection for non-vehicle mobility. The connectivity issue was raised by neighbors along Orchid Street during initial neighborhood discussions Transportation Engineer, it was determined the connection would negatively and unnecessarily bring cut- through vehicle trips to and through the subdivision and into the Orchid Street neighborhood in order to avoid the controlled intersection at North Mountain Avenue and East Main Street. Further, by not including the Orchid Street connection and the reverse circuitous design of the proposed looped system within the proposed subdivision, the applicants contend any added traffic will be marginal. proposed street location (between mature trees) 192 S. Mountain Avenue (looking east). 6 | Page Future Bike Path (north side) Site Existing Bike Path (south side) Ashland Transportation System Plan (Fig 8-1) A 12roperty along the south property line (parallel with Central Oregon Pacific Railroad) will occur at the time of the Final Plat for a future bike path in accordance with the adopted Transportation System Plan (TSP). The TSP illustrates a duel bike path along both sides of the railroad tracks from Tolman Creek Road to a site just west of Fourth Street (see insert above). Considering the number of private parcels between the two end points, various physical constraints and the associated costs for acquisition and construction to accomplish the north side bike path, the completion will be challenging and likely take many years, if ever. Regardless, the 12 the subdivision plat and although vision of the future bike path, they do question its probability but have also concluded will more than likely remain as additional buffer space between the railroad tracks and habitable spaces. The central a to be served by a looped street system providing access to the center of the property, perimeter lots and existing neighborhood street system. Within the central looped area, two alleys are proposed for vehicular access to the rear of the units with the intent to provide housing design opportunities for porches, interesting facades and to encourage pedestrian mobility and activity. In this vein, two different pedestrian pathways opportunity, maintenance and fire suppression. 7 | Page Note: In meetings with the neighboring subdivision to the north, Ashland Village Subdivision, the applicants have agreed to provide an access maintenance easement, via only a footpath, to the Beach Creek corridor area behind their properties in order to maintain the open space tract for debris removal and fuel reduction. The applicants have also expressed a desire to work with the neighboring property owners in promoting an annual Blackberry removal plan within the Beach Creek corridor to manage fuel reduction from the railroad tracks down to North Mountain Park. The applicants intend to for the area with the Beach Creek Subdivision, but the overall intent would be to encourage/promote outside participation from other property owners who may not have the independent ability (access, labor, equipment or finances) to complete the Blackberry removal on their properties. Beach Creek Riparian Zone unique design features is the inclusion of a common promenade and pedestrian corridor traversing through the central housing area with units fronting onto the promenade and backing to either of the two abutting alleys with the goal of encouraging neighborly interaction, place 8 | Page making and pedestrian mobility. The housing units lining the promenade corridor will also be designed to include porches and creative architecture, similar to the housing themselves will become semi-pedestrian environments due to their short lengths and limited vehicular use. retain the existing old house and its pastoral setting among the massive Oak trees surrounding it. To this point, the applicants have intentionally placed an open space tract behind and south of the old house not only to secure preservation of the Oak trees, but to also retain the old home and its open farm setting as much as feasibly possible in pace area will be a valuable asset to the North Mountain streetscape and an attractive entry feature leading into the subdivision. Note: it should be stated that and somewhat neglected condition, it remains unclear if the house will remain as desired by the applicants. Every attempt will be taken to retain the old house but in no case will any disturbance of the house or surrounding area occur until further analysis and permits are obtained. old house, there are four houses proposed along North Mountain Avenue with two having direct access from North Mountain Avenue and two from a shared private drive off of the new entry street. There are currently three driveways from North Mountain Avenue, two of which will be retained. The applicants have attempted to reduce the number of driveways along North Mountain Avenue in order to improve access management and pedestrian mobility along the street. The proposal includes an area of land to be developecottage hHabitat This area is to be located within the southeast corner of the property abutting Orchid Street. The plans for this area are for illustration purposes only intended to illustrate how the property could be developed and how many units are possible. In the concept presented, there are four units total, three 2-bedroom units less than 800 square feet in size and one 3-bedroom, not to exceed 1,000 square feet. The illustration also identifies pedestrian link between the new and existing neighborhood, a six-space parking lot and an open space area. A Site Review Permit will be obtained prior to finaliza landscaping, parking and building design. In addition to the four proposed affordable cottage housing units noted above, the proposal includes an additional four standard affordable units dispersed throughout the subdivision. All of the affordable units within the subdivision will be built by Habitat for Humanity and sold to qualifying buyers with household incomes being equal to or less than 80% of the areas medium income (AMI). The land for the eight affordable lots as well as the infrastructure, curbs, gutters, street trees, etc. will be constructed by the applicants with all on-site work such as vertical construction, utilities, landscaping, etc. will be completed by Habitat for Humanity. A proposed. Note: It should also be clarified that initial planning efforts (pre-application) intended to produce unit 9 | Page more 3-bedroom affordable units, the plan was revised for five 3-bedroom and three 2 bedroom affordable housing units. As noted, the applicants are working with Habitat for Humanity to develop affordable housing within the proposed subdivision in accordance with the annexation requirements of AMC 18.5.8.050 G. which requires any undevelopable areas of the property, multiplied by the c. for a total of 6 affordable units, but 8 affordable housing units are proposed 5 three-bedroom and 3 two-bedroom units. 343,688 sq. ft. (7.89 acres) area to be annexed; 12,720 sq. ft. undevelopable area (riparian); 330,968 sq. ft. (7.59 acres) net acres; 7.59 X 4.5 units per acre (R-1-5 base density) = 34.155 units Multiplied by 25% = 8.538 units 8.538 units / 1.25 (< 80% AMI) = 6.83 total dwelling units or 6 affordable units; affordable units 3) Street Standard Exception: T Standards to not include a park row (plant strip) and street trees for the area along the bridge crossing over Beach Creek and small sections on either side of the bridge. The inclusion of such a design feature is not appropriate due its location on top of a bridge where added width, weight and irrigation for such elements require not only substantially more volume and disturbance to the Beach Creek Riparian Corridor the bridge is intended to protect, but adding water from the irrigation system into tree wells within various cavities of the bridge as wel thus become a safety hazard. 4) Limited Activities and Uses Permit (Water Resource Protection Zone Permit): Beach Creek is classified as an Intermittent and Ephemeral attached plans, the water resource is protected by the dimensional setback standards, but for a box culvert / bridge within the creek channel in order for a new road to be extended from North Mountain Avenue, into requirement to be installed. The bridge, as well as underlying service utilities, are permissible encroachments per the AMC 18.3.11.060 A.3.a., as the bridge is deemed necessary to maintain a functional street system. It should also be noted, the applicants hav re trees and their protection zones, the vicinity of the railroad crossing and the need to preserve a clear distance, plus the section of Beach Creek with a relatively narrow channel in the chosen location, there really was no other 10 | Page reasonable alternate location but in fact, is a perfect location which coincidentally provides a framed 5) Tree Removal Permit: A Tree Removal Permit s 25 trees which are greater than (dbh). The trees in question have been deemed by a licensed Arborist to be seriously damaged, conflicting with electrical lines or are in poor condition. A Tree Survey plan and narrative are included in the application which identifies the tree locations, observed health condition and the status if they should be removed or preserved. The remaining 21 trees on-site will be preserved and pruned to improve their health and life span. A Tree Protection Plan, in accordance with AMC 18.4.5.030, is also included within the application materials to identify the trees to be preserved in coordination with Tree # 6 Wester Red Cedar Tree #4 White Oak 11 | Page Tree #3 White Oak Tree #16 Black Oak (evidence of needed pruning) 12 | Page Other Important Factors Associated with the Proposed Beach Creek Subdivision: Initial Site Analysis: Prior to the application submittals, the applicants completed an analysis of the sites physical features such as the large Oak Trees around the old farm house, the old farm house itself, the Beach Creek corridor and for any possible site wetlands. The analysis played a critical role in the formation of the plan which includes: majority of the Oak Trees, some of which are incredibly expansive and majestic trees, surround the old farm house and possibly pre-date it. As such, the applicants designed the subdivision to preserve the trees or mitigate any potential impact by minimizing development near the trees or creating building envelopes, ervation of other mature trees: Other mature trees within the subdivision will also be preserved, but those trees mainly lay within the Beach Creek corridor where there is no tree disturbance planned. In this case, the location of the bridge was specifically planned to traverse between two large mature trees, one these two beautiful mature trees was the primary factor. the primary residential structure lays along the frontage of North Mountain Avenue, addressed at 192 North Mountain Avenue. The structure is two-stories, roughly 1,900 square feet in size, and was constructed in 1895. In 2020, the residential structure was vacated and later boarded-up do to vandalism. The intent is to preserve the old house, but remove mostly in a hazardous state, within the Water Resource Protection Zone, in planned common open space, within root zones and/or within the developable area of the property. Such removal for structures greater than 500 square feet in area will be coordinated with the Ashland Building Division under AMC 15.04.216. ng the street rights-of-way. This is in contrast to typical subdivisions where housing is placed along a natural feature and thus has limited public viewing whereas - Note: Beach Creek is a City identified riparian corridor traversing the property from south to north. It varies in width from two culverts, roughly 2 There is no physical evidence of Beach Creek beyond the railroad tracks as the pipes extend under and/or of a water source / creek is within the rear of the Ashland High School parking lot off Iowa Street and S. Mountain Avenue, but from beyond that location, various small tributaries above Southern Oregon University. ffic assessment and various civil engineers, the applicants enlisted the help of two wetland biologists from Martin Schott and Associates to determine if there were any on-site th wetlands on the property. The two biologists completed two field surveys, one on February 12, 2020 and th the other in March 16, 2021 and found no evidence of any on-site wetlands. entry street from North Mountain Avenue where i 13 | Page crossing was required and the applicants are proposing 170 northern boundary. Open Spaces: As noted, the Beach Creek riparian corridor traverses through the property from south to north, daylighting from the railroad tracks and extending through the subdivision to the north where it eventually connects with Bear Creek (Illustration on Page 5). The proposal will include a box culvert and roadway crossing the creek and the remaining area left in a natural state to be maintained by the Home Owners Association (HOA). The riparian corridor is roughly 49,995 square feet in area or 11.5% of the site. Not including the future bike path dedication along the south property line (9,571 sq. ft.), an additional 42,439 square feet of open space/common area or 9.7% of the site, located within eight different areas dispersed around the subdivision, have been incorporated into the overall design. As such, roughly 21 Association. The vast majority of the open space is to be natural, but for the streets park rows (not included in the overall open space percentage), pedestrian promenade and two corner open spaces along Beach Creek Way (south) for an area of approximately 10,341 square feet or only 2% irrigated landscape of the 10 acre property. Note: The applicants and Habitat for Humanity have agreed the four affordable cottage housing units would within the cottage area itself to be budgeted and maintained by those owners in order to reduce monthly maintenance expenses for those particular units. Climate & Energy Goals: The applicants have a very positive record in Ashland and are known throughout the Pacific Northwest for their conservation efforts and intend to develop the subject property For example, the applicants intend to: a) Develop the housing to produce equal or more electricity than the home uses on an average basis; b) home with the most energy efficient construction techniques and appliances; c) Provide each of the single family homes with 20amp services for AC Level 1 Electric Vehicle (EV) charging within garages; d) Retain the majority of the planned open space areas as they are today for zero domestic water use, but -space areas which will include low water demand plants and shrubs (2% +/- of 10 acre site). No natural turf or spray irrigation will be permitted single family or cottage housing lots and will . Note: Some domestic irrigation will be necessary within the first couple of years for plantings within the disturbance area around the box culvert to stabilize earth disturbance. e) Design the roof orientation, as well as the orientation of lots, where possible to best utilize solar orientation for ultimate collection; Solar Access: All of the proposed lots, including those illustrated within the cottage housing area, will comply with the Solar Access Performance Standards, AMC 18.4.8.040 B., which allows a predetermined solar access point in order to protect the applicable solar access standard. 14 | Page proposed lots will comply with the standard solar access setback or will not exceed a shadow line above the window sill of any adjoining house to the north. At the time of a Building Permit application, plans will be submitted which clearly identify solar access compliance. Example Proposed Housing Styles Architectural Design: All but the homes along North Mountain Avenue will be modern contemporary in nature, similar to the homes the applicants built within the Verde Village Subdivision near the Ashland Dog Park. The applicants contend the design provides for more efficient housing and has been readily be oriented toward the public right-of-way or promenade corridor. For those units without alley access and garages fronting the street, the applicants are proposing minimum setbacks for the garage and maximum setbacks for the porches so as to encourage a more recessed garage and more articulated front façade that includes house and porch. At a minimum, the garage face will remain at least 6 The homes along North Mountain Avenue will have similar porch and garage setback restrictions, but their design will reflect the more traditional housing design found along North Mountain Avenue. 15 | Page Example Proposed Housing Styles 16 | Page Example Proposed Housing Styles Street & Parking Standards: The proposed su been sized in accotandards and include sidewalks, park rows and on-street parking. No parking bays are proposed at this time, although final engineering may determine otherwise. A total of 148 parking spaces, not including 6 surface parking spaces tentatively planned within the cottage housing area, have been identified on the proposed site plan. 53 parking spaces are located along the streets, 79 in one or two car garages and another 16 in surface parking areas between units. Combined, the total average number of parking spaces for the standard 48 units is 3.08 parking spaces per unit more than adequate based on national and local parking standards. Overall, the general intent with the parking plan is to encourage use of on-street parking along the curbs and planting strips, but to also design parking along the two proposed alleys which provides for a more attractive and human scale neighborhood plan. . Written Statement per AMC 18.3.9.040 A.2.i: As part of a Performance Standards Option Subdivision application, a written statement containing an explanation of the following is required: i. The character of the proposed development and the manner in which it has been designed to take advantage of the performance standards concept. As expressed throughout this document, the character of the proposed subdivision has been designed to take advanlayout which often includes standardized lot and street patterns that do not consider natural elements of the property or reflect human scale interactions such as houses with front porches or pedestrian links separated from the street (mature trees and creek corridor) as well as pre-existing features (neighboring house and street patterns). The inclusion of alleys where possible provides opportunities for not only attractive house designs along the streets, but also neighborly interaction which will hopefully produce a sense of pride. Overall, there are numerous components of this particular subdivision that are very positive, as explained throughout this document, that are possible due to the Performance Standards Option Chapter. 17 | Page ii. The proposed manner of financing. The project will be financed through conventional loaning practices as well as self-financing. The affordable units will also be both financed through conventional loaning as well as government subsidies and fundraising. iii. The present ownership of all the land included within the development. The present ownership of the subject property is owned by Robert Hodgins, Trustee. iv. The method proposed to maintain common areas, such as common open space, common buildings and private drives and driveways. collected for both the operating and maintenance expenses to maintain all common areas. A copy of the CC&Rs and Bylaws will be provided to the City staff at the time of the Final Plan submittal and recorded v. The proposed time schedule of the development. The proposed time schedule is largely market and labor initial excavation for infrastructure in early 2022 and vertical construction by the summer of 2022. vi. The findings of the applicant showing that the development meets the criteria set forth in this ordinance and the Comprehensive Plan. Findings of Fact have been included at the end of this document verifying the proposal meets the applicable criteria. Wildfire Mitigation Planning: In addition to the neighborhood planning effort to reduce fuel reductions annually within the Beach Creek Riparian area from the railroad tracks to North Mountain Park, all of the proposed homes will comply with the recently adopted wildfire mitigation efforts (ORS R327.4) which include: A)Roofing to be asphalt shingles, metal roofing or equivalent Class B rated roof assembly; B)Gutters to be provided with cover or material filler to prevent accumulation of leaves and debris; C)Ventilation openings to be covered with non-combustible and corrosion resistant metal wire mesh; D)Exterior walls to be non-combustible materials, including under eave overhangs and porch extensions; E)All decks and porch surfaces to be constructed of fire retardant wood or con-combustible materials; F)All exterior windows will be tempered glass or similar rating; G)-combustible in accordance with AMC 18.3.10.100.B; H)All fencing will be non-combustible (viny 18 | Page I)All standing dead and dying vegetation shall be removed from the property prior to initial construction; J)All new plantings, including trees, shrubs and ground cover throughout the site are devoid of any plant materials listed on the Prohibited Flammable Plant List; Neighborhood Outreach: At the time of this writing, the applicants have had a total of six neighborhood meetings, three follow--on-one neighbor phone calls or on- site meetings. Each of the six neighborhood meetings were specific to a specific neighborhood, usually th delineated by the abutting public street. The neighborhood meetings occurred the weeks of February 15 nd and February 22, 2021 via Zoom video and included questions and answers. In total, the number of individual neighbors who have inquired or participated in the zoom meetings was 143. Note: the subdivision plans presented herein have been revised multiple times, somewhat significantly, based on input from the various neighborhood meetings. The meetings were positive, informative and and helped produce a better and more cohesive plan. And, although the number of units have decreased by roughly six units, adjusted lot orientation to protect views and traffic patterns revised, the applicants also understand that not all of the neighbors will consider the proposal a positive development plan and will continue to have concerns neighborhood livability, property values, views, parking, traffic, etc. Site Design Review: The proposal will include a number of attached single family residential units that will have some form of common wall construction, primarily connected at the garage wall. These are best illustrated on the Beach Creek Site Plan where it shows a total of 14 units with attached garages (Lots #11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 30, 31, 32 and 33). In accordance with the AMC, a Site Review Permit will be obtained for any of the attached units prior to construction. The purpose of the attached garages, specifically adjacent to the alley, provides for better space planning within the lot boundary, but also provides opportunity to improve the streetscape appearance and encourage pedestrian mobility. ASite Review Permit will also be obtained for the cottage housing area which may or may not include attached housing, but will need review for landscaping and parking lot design. The Beach Creek Site Plan illustrates detached units, but because the plan for that area remains preliminary, it remains unknown if there will be attached housing in that area. Traffic Impact: A Traffic Analysis was completed for the proposed project by Alex Georgevitch, a local Traffic Engineering Consulting (Scoping Analysis and Neighborhood Review - May 2021). The analysis concluded none of the streets will be adversely impacted by the proposed annexed property and its of peak period vehicle trips fall below the threshold 50 p.m. peak hour trips for a Traffic Impact Analysis. The Executive Summary concludes: Though not required, the developer has asked that we look at impacts to the surrounding neighborhood and residential streets. A review of the existing traffic counts in the area indicates that a majority of the site trips will use North Mountain to get to other destinations in the community. Using a very conservative split of 80% to North Mountain and 20% through the 19 | Page surrounding neighborhood results in a total of 10 PM peak hour trips on those streets. Half of the PM peak hour trips will use Orchid to get to the cottage cluster. The remaining five (5) PM peak hour trips will utilize the remaining streets including Kirk, Village Park and Old Willow. No streets will be adversely impacted by the annexation or the proposed development plan. Regardless, in response to neighborhood comments and concerns during the various neighborhood meetings, the street design and connectivity pattern of the subdivision was finalized in consultation with the Traffic Engineer in an attempt to evaluate and mitigate any potential traffic impacts. 42 18 48 units 16 proposed in annexation area 4 28 To this point, the internal street connection with Orchid Street was eliminated. This connection was deemed by the Orch-in order to avoid the intersection of North Mountain Avenue and East Main Street. After consultation with the Traffic Engineer, the plan was revised to sever the connection and instead link the two neighborhoods by a pedestrian 20 | Page pathway. In doing so, potential cut-through traffic will be mitigated as the route to and through the Plan does NOT identify future street connectivity through the subject property and through the various adjacent streets accept for Kirk Lane. As such, the applicants are proposing Kirk Lane, Old Willow Lane, Village Park Drive and the pedestrian link to Orchid Str neighborhoods, but it also distributes vehicular traffic so that no one street becomes the dominate traffic route, especially if such streets are circuitously designed. With the redesign and elimination of the Orchid Street connection, it provides two unique opportunities. First, it provided additional land for housing cottageor cluster type housing with access only from Orchid Street. This is discussed in greater detail below. Second, the redesign assured that any traffic trips from the proposed development be diverted to and through the existing Orchid Street neighborhood and not to and through other connecting streets. Finally, it should be noted that Village Park Drive, Old Willow Way, Kirk Lane as well as the proposed streets within the Beach Creek Subdivision have or will be designed in compliance with City Street Standards for Neighborhood Streets. Such streets are designed to connect with other higher order streets and planned to accommodate 1,500 average daily motor vehicle trips per day which is significantly higher than currently existing vehicle trips and proposed vehicle trips to be generated by the proposed subdivision. Earth Advantage & Net Zero Certification: As noted, all of the proposed units, including the affordable units, will include solar panels in an attempt to produce Net Zero housing throughout the subdivision. In addition, all units are to be Earth Advantage Certified, certified by a third party, in order to produce more energy efficient and energy conscientious housing. Phasing Plan: The proposed subdivision will likely be developed in one phase, but for financing and market reasons, four phases are to be proposed due to the size of the area and amount of infrastructure. That said, the first phase would be the portion along North Mountain Avenue, between the street and Beach Creek. This would also include the new street up to the creek, but not the bridge. The second phase would be the south side of the property, from the promenade to the railroad tracks and include the bridge and the connection to Kirk Lane. The third phase would be the area north of the promenade from the north side of the property to the promenade and include the street connections to Village Park Drive, Old Willow Lane and the pedestrian connection into Ashland Village Subdivision. The final phase would be the area of the cottages, but it should be clear, all infrastructure serving the cottages would be completed with the third phase. A more include specific engineering details for the entire development which will identify utility connections beyond any of the phases necessary to develop the property as proposed. Lot Coverage: As part of the Performance Standards purpose to encourage more flexible and creative design, the proposed 52 s open spaces, less unbuildable areas such as the Beach Creek riparian corridor and less 5% of the required open space amount for subdivisions with 10 or more lots. In this case, the property is zoned R-1-5 with a 50% 21 | Page lot coverage maximum and the subdivision includes 37,590 square feet of open space and 49,995 square feet of land within the Beach Creek riparian corridor. After exclusion of the riparian corridor area and exclusion of the 5% open space requirement, the remaining lot coverage allocation to each lot would be 176 sq. ft. and described as follows: Acreage of Project: 435,600 sq. ft. (10 acres) Riparian Corridor: 49,995 sq. ft. (1.14 acres) Open Space Provided: 37,590 sq. ft. (.86 acres) Open Space Required (5%): 19,275 sq. ft. (based on 8.85 acres) Excess Open Space Provided: 18,315 sq. ft. R-1-5 Lot Coverage (50%): 9,157 sq. ft. (50% of Excess Open Space) Per Lot Allocation (52 lots): 176 sq. ft. (50% of Excess Open Space / 52 lots) Housing Types: The applicants have attempted to provide for a mixture of housing types and sizes with the intent to create a more economically and socially diverse neighborhood similar to the mixture of abutting neighborhoods. As such, the proposed site plan includes example house footprints with optional house sizes primarily relating to the number of bedrooms, second story additions, attached and detached housing as well as clustered housing (cottages). The tying component of the housing types will be through the initial coordination of architectural design, commonality of materials, flow of pedestrian amenities and shared open spaces. Cottage Housing: The proposal does include an example site plan illustrating four cottage housing housing units required within the subdivision from 6 to 8 by utilizing the provisions of the recently adopted Cottage Housing Ordinance. lots, as well as four lots within the subdivision will be gifted to Habitat for Humanity who will then build eight affordable housing units under AMC 18.5.8.050 G.1.c. and sell or rent such units to qualified families As illustrated, the cottage site plan identifies one 1,000 sq. ft. unit and three 800 sq. ft. units separated by a large open space area. Lot 41 and the adjacent neighbor to the east who requested the additional setback during the neighborhood meetings. The plan also illustrates a six space parking lot and turn-around Lastly, Lot #42 is not part of the Cottage Housing cluster, but due to its close relationship with the cottages and public pedestrian sidewalk, the applicants and Habitat for Humanity are working on plans to orientate and design the unit so that it appears as a seamless extension of the cottages with similar design, fencing materials, fence height and sidewalk connectivity. Again, the four cottage lots and common open space will be created at the time of the subdivision and the open space and parking lot design will be subject to a Site Review Permit per AMC 18.2.3.090 (Cottage Housing). the cottage housing properties, as well as the four other affordable housing lots, lateral utility connections, 22 | Page cottage lot. The applicants also intend to assist Habitat for Humanity with the cottage housing permitting and design work, but due to timing and specific floor planning needs, separating the application allows Habitat for Humanity additional time to work through their preferred designs, financial needs and management plans. Overall, the applicants contend the initial site analysis and neighborhood planning efforts of the proposed subdivision have been well thought-out. The end result will be a neighborhood that is appealing, sustainable and a more diverse neo-traditional neighborhood with the inclusion of: Two extra affordable housing units (eight total); A neighborly street connectivity pattern; Houses with porches for neighborly interaction and human scale design; A range of different housing types and sizes; Retention mature trees; Retention of the house; The incorporation of added open spaces in key visual areas; Street trees to be added within the park row along the Mountain Avenue frontage per City Street Standards; The placement of streets along open spaces corridors for visual public benefit; Inclusion of alleys where possible to increase human scale streetscape along the public rights-of-way; he linking of pedestrian paths with surrounding neighborhoods; The inclusion of an attractive promenade corridor along housing fronts for active neighborly interaction; An attractive and inviting entry corridor or gateway into the subdivision; ; 100% of the homes being Earth Advantage Platinum; A street design with little to zero parking bays and instead consistent park row and tree canopy street tree design. IV. PROJECT FINDINGS OF FACT: The following information has been provided by the applicants to help the Planning Staff, Planning Commission and neighbors better understand the proposed project. In addition, the required findings of fact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to Annexation Criteria and Standards in Chapter 18.5.8, the Performance Standards Options Subdivision requirements in Chapter 18.3.9, Water Resource Protection Zones, Chapter 18.3.11 and Tree Removal Permit in Chapter 18.5.7.040. For clarity reasons, the following documentation ity BOLD approval criteria noted in regular font. Also, there are a number of responses that are repeated in order to ensure that the findings of fact are complete. AMC 18.5.8.050 Annexation Approval Criteria and Standards An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with all of the following approval criteria: 23 | Page A. evidenced (inserted below). B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. As evidenced with the inserted City of Ashland Comprehensive Plan Map above, the subject property has a Single Family Residential designation and the proposed single family residential subdivision is an allowed use. Subject Property (single tax lot) City UGB Boundary C. The land is currently contiguous with the present City limits. As evidenced with the inserted City of Ashland Comprehensive Plan Map above, the subject property is D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric 24 | Page Department; and urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system- wide for these facilities. As noted, the subject property to be annexed into City limits is surrounded by existing urbanized lands with adequately sized facilities to accommodate the annexed property and its proposed development. After Electric Departments, there have been no determinations relating to inadequate capacity. As evidenced with the submission of the attached Conceptual Drainage & Utility Plan, North Mountain Avenue, Village Park Drive, Old Willow Lane, Kirk Lane and Orchid Street all have water, sewer, electric, phone and other utility and service connections within their rights-of-way and abutting the property. The plan conceptually illustrates the various utility connections as well as storm water retention and outflow points. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian, and transit transportation meeting the following standards. 1. For vehicular transportation a 20-foot wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20-foot wide driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to City standards. Where future street dedications are indicated on the Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. Adequate vehicular transportation is to be provided to and through the subject property. All internal streets have been sized and designed in accordance with the adopted City Street Standards and Transportation System Plan. North Mountain Avenue, Village Park Drive, Old Willow Lane, Kirk Lane and Orchid Street are pre- egress and turning mobility as provided for in the adopted Street Design Standards for residential streets. At the time of the abutting streets initial construction, they were designed with the expectation the subject property would be developed and streets connected. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. All internal streets, as well as the pre-existing abutting streets to the east and north, have been designed as residential streets with shared vehicular and bicycle facilities. North Mountain Avenue currently has a separate bicycle lane parallel with and meets this criterion. 25 | Page Further, a 12 Railroad) will occur at the time of the Final Plat for a future bike path in accordance with the adopted Transportation System Plan (TSP). The TSP illustrates a duel bike path along both sides of the railroad tracks from Tolman Creek Road to a site just west of Fourth Street. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within one-quarter (1/4) mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. All proposed streets within the annexed area will include sidewalks and adjacent park rows with a tree lined canopy and planting strips in accordance with the adopted Street Standards. Such facilities will connect to the existing sidewalk facilities at the time of street construction, including the short section of Old Willow Lane and Kirk Lane which abut the subject property with unimproved hammerhead turn- arounds. This is not an unusual circumstance in this particular situation and was likely granted approval pectation the curbs and sidewalks would continue to extend to the subject property. property at the end of a right-of-way intended to ensure municipal control over access to a vacant parcel of land so that future access management and street connectivity is assured). Nevertheless, the City of Ashland likely required a cash bond to finalize the street improvements at the time the subject property was to be developed. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. The applicants have reviewed the RVTD 2040 Transit Master Plan and found no planned improvements in the vicinity of the site and also reached out to RVTD staff who did not express interest in a transit facility along this property. 26 | Page Transportation Facility Photos - North Mountain Ave. looking northeast North Mountain Ave. looking south North Mountain Ave. looking south from RR tracks 27 | Page Old Willow Lane 1 Street Plug(s) (City Owned) Village Park Drive 28 | Page Kirk Lane Orchid Street 29 | Page F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90 percent of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the County Clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35 percent shall not be included. For the purposes of computing minimum density, the subject property is one parcel of 10 acres to be zoned R-1-5 which has a base density 4.5 dwelling units per acre or 45 total units (AMC 18.3.9.050 A). The for a total of 52 units or 116% of base density and therefore the proposal meets the minimum density criterion. At the time of the annexation approval, the owners of the property will sign an agreement, to be recorded with the County Clerk, ensuring that any future development will occur in accordance with the minimum densities al Order. For the purposes of computing maximum density, less the area within the Beach Creek Riparian Corridor , the AMC allows for maximum 60% increase in density based on various provisions outlined in AMC 18.3.9.050 B. which include density bonus provisions for conservation housing, common open space and affordable housing. In this particular case, the proposal will as all of the proposed units, including the affordable housing units, and will meet and exceed the standards for each: 1)Conservation Housing: The applicants propose that 100% of the homes will be built to meet the minimum requirements for certification as an Earth Advantage home. In this particular case, each housing, thus producing more energy than typically consumed. Evidence of proposed methodologies meeting such requirements will be provided with each building permit submitted to the City. In this case, the proposal complies and is eligible for a 15% density bonus as outlined in AMC 18.3.9.050.B.1. 2)Common Open Space: As exhibited with the attached Site and Landscaping Plans, the proposed subdivision includes a combination of open space areas that are both natural and passive recreational spaces. Specifically, the entire length of the Beach Creek corridor (1.14 acres) will remain other than a - within the corridor for the purpose of maintaining the riparian Blackberries, including a section of dirt trail leading to the adjacent to the north which currently has little to no access from that side of the property. The subdivision will also include multiple areas of passive recreational space which include .70 acres in areas such as the central promenade, the entry open space south of the old house and the two small pocket open spaces as illustrated on the plans. In total, 1.84 acres of the 10 acre property are to remain in some form of open space, not including the areas dedicated 30 | Page for the future bike path, pedestrian links to other neighborhoods or any open space area within the Cottage Housing phase of the proposal. Overall, the applicants contend the provided open space areas will be a significant amenity to project residents, as well as surrounding community, as the vast majority of the open space areas are to be along the public rights-of-its riparian environment. Of particular impo the large open space area south of the existing house which was intentionally designed to remain as open space, along with the adjacent swath of Beach Creek in the background, with the intent to respect the home current farm setting and history along North Mountain Avenue. The applicants contend the proposal complies and is eligible for a 10% density bonus as outlined in AMC 18.3.9.050.B.2.a & b. as the total open space area proposed is 1.84 acres or roughly 18% of the entire property. In this case, the applicants would be eligible for a 13% density bonus in this category (less 5% open space for the initial subdivision standards). Note: although more open space is being provided than required, only a maximum of 10% is permissible in accordance with AMC 18.3.9.050 B.2 and 18.4.4.070 Open Spaces. 3. Affordable Housing. Based on the Ashland Municipal Code, a maximum density bonus of 35 percent is allowed for developments including affordable housing. Developments shall receive a density bonus of two units for each affordable housing unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in accordance with the standards of section 18.2.5.050, Affordable Housing Standards. In this particular case, the proposal will include eight (8) affordable housing units to be constructed by Habitat for Humanity. Such units will be sold or As such, for the eight provided affordable units, 16 35% of the base density is permissible. It should be clearly understood, that although the applicants meet and exceed all of the density bonus requesting a 60% density bonus as permitted which would be equivalent to a 72 unit (an extra 20 units) subdivision, but instead only seven additional units or a 16% density bonus under the Affordable Housing option to neighbors requesting the density remain in context with the surrounding neighborhood(s), but also as currently designed. G.Except as provided in subsection 18.5.8.050.G.7, below, annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay) shall meet the following requirements. 1. The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall beequal to or exceed 25 percent of the base density as calculated using the unit equivalency values 31 | Page set forth herein. The base density of the property for the purposes of this calculation shall exclude any undevelopable portions of the property such as wetlands, floodplain corridor lands, water resource areas, slopes greater than 35 percent, or land area dedicated as a public park. a. Ownership units restricted to households earning at or below 120 percent the area median income shall have an equivalency value of 0.75 unit. b. Ownership units restricted to households earning at or below 100 percent the area median income shall have an equivalency value of 1.0 unit. c. Ownership or rental units restricted to households earning at or below 80 percent the area median income shall have an equivalency value of 1.25 unit. A total of eight affordable units are proposed by the applicants to be provided with this development which are restricted to households earning at or below 80 percent the area with 18.5.8.050.G.1.c. (an equivalency factor of 1.25 units). The calculations are as follows: Affordable Units Base Dens: County (7.90 acres) less unbuildable (.29 ac) Total: 7.61 acres Affordable Units: 25% of Base Density (7.61 X 4.5 X .25) Total: 8.561 units Affordable Units Required: Total: 6.84 units (6)* Affordable Units Provided: 5 (3-bedroom) & 3 (2-bedroom) Total: 8 units Required 6 / Provided 8 Total: 2 units * 2. As alternative to providing affordable units per subsection 18.5.8.050.G.1, above, the applicant may provide title to a sufficient amount of buildable land for development complying with subsection 18.5.8.050.G.1.b, above, through transfer to a non-profit (IRC 501(c)(3)) affordable housing developer or public corporation created under ORS 456.055 to 456.235. As noted, the applicants are partnering with Habitat for Humanity to provide eight affordable housing units within the subdivision. Habitat for Humanity is a local non-profit affordable housing developer experienced in working with affordable housing and municipal affordable housing programs. In this case, the applicants will be providing Habitat for Humanity title to nine properties (including one common area) within the proposed subdivision. Four properties will be interspersed throughout the subdivision and the four parcels and common area lot located . a. The land to be transferred shall be located within the project meeting the standards set forth in subsections 18.5.8.050.G.5 and 18.5.8.050.G.6. The applicants propose to transfer a total of eight parcels and one common area lot within the subdivision to generate eight affordable housing units all within the The proposal does meet the standards noted in AMC 18.5.8.050 G.5 and 18.5.8.050 G.7 as described below. 32 | Page b. All needed public facilities shall be extended to the area or areas proposed for transfer. The applicants will extend all public facilities necessary for the eight affordable housing units to be transferred to Habitat for Humanity. All noted infrastructure will be installed per the phasing plan. This includes the infrastructure relating to sidewalks, curbs, gutters, planter strips, street trees, paving and all lateral extensions into the property line. Further, the applicants will install the public sidewalk from Orchid Street to Beach Creek Way. Exclusions include the common area improvements within the cottage housing area such as the parking lot, driveway to parking lot, private sidewalks, planting or trees within the cottage housing area of the property. c. Prior to commencement of the project, title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non-profit 501(c)(3) organization, or public corporation created under ORS 456.055 to 456.235. The noted five parcels of land accommodating eight affordable housing units will be transferred to Habitat for Humanity, a non-profit 501(c)(3) organization, d. program requirements. The parcels of land to be transferred to Habitat for Humanity will be deed restricted to comply with le housing program requirements. Habitat for Humanity representatives have been in a deed restriction for each of the transferred lots will be recorded with the plat. e. Transfer of title of buildable land in accordance with this subsection shall exempt the project from the development schedule requirements set forth in subsection 18.5.8.050.G.4. Applicants are aware of this provision. 3. The affordable units shall be comparable in bedroom mix with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the market rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market rate units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 18.5.8.050.G.3, or as established by the U.S. Department of Housing and Urban Development (HUD) for dwelling units developed under the HOME program. 33 | Page Unit Type Minimum Required Unit Floor Area (Square Feet) Table 18.5.8.050.G.3. Studio 350 1 bedroom 500 2 bedroom 800 3 bedroom 1,000 4 bedroom 1,250 The applicants will be transferring a total of eight parcels of land intended to provide a total of eight affordable units where only six affordable units are required under the provisions of AMC 18.5.8.050 G.1.c. As such, the total number of bedrooms within the market rate units will be in proportion to the six required affordable units. 4. A development schedule shall be provided that demonstrates that that the affordable housing units per subsection 18.5.8.050.G shall be developed, and made available for occupancy, as follows: a. That 50 percent of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50 percent of the market rate units. b. Prior to issuance of a building permit for the final ten percent of the market rate units, the final 50 percent of the affordable units shall have been issued certificates of occupancy. In accordance with AMC 18.5.8.050 G.2.e., this application proposal is exempt from this criterion. However, desire that at least four of the required six affordable units will be made available for occupancy prior to 50% of the market rate units receiving Certificate of Occupancy permits. 5. That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable units in any residential development shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market rate units. eight affordable housing units to be designed and constructed by Habitat for Humanity will be constructed using comparable building materials and include equivalent amenities as the market rate units, including a visually compatible exterior design, use of materials and overall appearance of quality. b. Affordable units may differ from market rate units with regard to floor area, interior finishes and materials, and housing type; provided, that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements 34 | Page related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. The proposed eight affordable units will have comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. All of the proposed affordable units will include solar panels for Net Zero efficiency and be built to Earth Advantage Platinum standards. 6. Exceptions to the requirements of subsections 18.5.8.050.G.2 through 18.5.8.050.G.5, above, may be approved by the City Council upon consideration of one or more of the following: a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on-site dedication requirement of subsection 18.5.8.050.G.2. b. That the alternative phasing proposal not meeting subsection 18.5.8.050.G.4 provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion. c. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per subsection 18.5.8.050.G.6, are necessary due to local, State, or Federal Affordable Housing standards or financing limitations. No exceptions to the requirements of subsections 18.5.8.050.G.2 through 18.5.8.050.G.5 are being proposed. 7. The total number of affordable units described in this subsection 18.5.8.050.G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction or similar legal instrument shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years for units qualified as affordable rental housing, or 30 years for units qualified as affordable for-purchase housing. A total of eight affordable units are proposed by the applicants to be provided with this development which are restricted to households earning at or below 80 percent the area with 18.5.8.050.G.1.c. (an equivalency factor of 1.25 units). The calculations are as follows: Affordable Units Base Dens: County (7.90 acres) less unbuildable (.29 ac) Total: 7.61 acres Affordable Units: 25% of Base Density (7.61 X 4.5 X .25) Total: 8.561 units Affordable Units Required: Total: 6.84 units (6)* Affordable Units Provided: 5 (3-bedroom) & 3 (2-bedroom) Total: 8 units Required 6 / Provided 8 Total: 2 units As noted, the parcels of land to be transferred to Habitat for Humanity will be deed restricted to comply 35 | Page guaranteed compliance with rental and resale restriction periods. Habitat for Humanity representatives have the transferred lots will be recorded with the plat. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, under the Comprehensive Plan, and the applicant will obtain planning action approval for an outright permitted use, special permitted use, or conditional use in conformance with the annexation request. The proposal complies with 18.5.8.050 H.1. as th Comprehensive Plan and the application herein includes a request for a residential single family subdivision. Single family residences, as well as the planned residential cottages, are outright permitted or special permitted uses per AMC 18.2.2.030. 2. The proposed lot or lots will be zoned M-1, CM, E-1, or C-1 under the Comprehensive Plan, and the applicant will obtain Site Design Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. Not applicable as the subject property is zoned residential. 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services. Not applicable. There are no known or probable public health hazards that exists due to lack of full City sanitary sewer or water services. 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service, or the service will become inadequate within one year. Not applicable as the subject property to be annexed is vacant, other than small accessory farming structures without water or sanitary services. 5. The area proposed for annexation has existing City water or sanitary sewer service extended, connected, and in use, and a signed consent to annexation agreement has been filed and accepted by the City. Not applicable as the subject property to be annexed is vacant, other than small accessory farming structures without water or sanitary services. 6. The lot or lots proposed for annexation are an island completely surrounded by lands within the City limits. The proposal complies with 18.5.8.050 H.6. as the subject property to be annexed is an island completely surrounded by lands within the City limits. 36 | Page AMC 18.3.9.040 A.3. Outline Plan Approval Criteria (Subdivision) 3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City. Unless otherwise noted herein, the applicants contend the proposed subdivision meets all applicable ordinance requirements of the City of Ashland. That said, the Purpose Statement of the Performance Standards Option Subdivision (AMC 18.3.9.010) to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency, architectural creativity, and innovation; use the natural features of the landscape to their greatest advantage; provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes; be aesthetically pleasing; provide for more efficient . As such, through the use of flexible design, the applicants have: 1)Stressed energy efficiency, architectural creativity and innovation: The applicants are proposing to construct Earth Advantage homes with an architectural style that provides for a variety of housing types that are consistent with the volume and mass of housing in the adjoining subdivisions; 2)Used the natural features of the landscape to their greatest advantage: The plan recognizes the riparian Beach Creek traversing through the property or the large mature Oak Trees and Pine Trees and have not only incorporated such features human scale character. 3)Provide for a quality of life equal to or greater than that provided in developments built under the standard zoning codes: found in other Performance Standard Options Subdivisions which have produced neighborhoods such as the Kestrel Park, Ashland Village, North Mountain and Clay Creek Gardens neighborhoods which include various neo-traditional elements such as street connectivity, use of alleys where possible, mitigated garage façades, street facing homes, etc.; 4)Provide for more efficient land use: The mixture of housing types within the planned range of densities in an integrated pattern improves transportation options and maximizes community interaction; 5)Reduces the impact of development on the natural environment and neighborhood: The proposed design is predicated upon the mature trees and existing street pattern found in the surrounding neighborhoods. The applicants contend the overall design and inclusion of the these elements reduce the impacts of development on the natural environment and surrounding neighborhoods. 37 | Page 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. ies will extend to the subject property from the various public utility easements and street rights-of way surrounding site. Based on discussions with the various service providers, there is adequate capacity to serve the development. All utilities will extend to and through the property as identified on the Conceptual Utility Plan. Engineered drawings will be submitted identifying specific utility details and information. 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, common areas, and unbuildable areas. To the best of the natural features have been identified and included in the open space, common areas, and unbuildable areas of the development. Overall, the plan recognizes the the Beach Creek riparian corridor traversing through the property and the large mature Oak and Pine Trees and have not only incorporated such features into the design, but d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject property is surrounded on Comprehensive Plan, including existing residential subdivisions to the north, east and west (Single Family south (Employment). As such, the development of the subject property 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. At this early juncture, the applicants believe the subdivision will be completed in one to two phases with the only unknown being the condition of the economy at the time of construction. If it is determined that phasing is necessary, the phasing would occur as illustrated on the attached preliminary Phasing Plan, with the entry street from North Mountain Avenue and the box culvert over Beach Creek being developed initially with either phase. application All open space areas within either phase will be left in their natural state, such as the Beach Creek Riparian Corridor, or improved as illustrated on the plans and that if the subdivision is phases, the initial phase will be completed and have the same or higher ratio of amenities proposed within the second phase. 38 | Page Further, all identified open spaces within the planned subdivision will be owned and managed in perpetuity Home Owner A draft copy of the CC&Rs will be provided with the Final Plan application submittal. f. The proposed density meets the base and bonus density standards established under this chapter. As noted on Page 2, the subject property is 10 acres and zoned R-1-5 with a base density of 4.5 units per acre or 45 total units. The applicants are proposing 52 units with the addition of a 16% density bonus which meets the base and density bonus standards of AMC 18.3.9. g. The development complies with the Street Standards. As evidenced with the attached street cross-sections, Exhibit C.2, the proposed streets comply with the -of-way widths and street improvements currently abutting the subject property. The applicants are requesting an exception to the Street Standards for the park row (planting strip) and street trees abutting the travel lanes for the area of the bridge crossing. AMC 18.3.11.060 D. Limited Activities and Uses within Water Resource Protection Zones As provided in AMC 18.3.11.060 A.3., the building and grading activities within identified Water Resource Protection Zones may be authorized when the location and construction of a public street, bridge, trail, multi-use paths and utilities are deemed necessary to maintain a functional system and upon finding that no Use Ordinance, the Comprehensive Plan, Transportation System Plan, adopted utility master plans, and other adopted documents shall guide this determination. , Land Use Ordinance, Comprehensive Plan, Zoning Plan and most significantly the Transportation System Plan, it was determined a street connection between North Mountain Avenue and Fordyce Street was deemed necessary to maintain a functional system. The applicants also contend the street connection between North Mountain Avenue and Fordyce, as well as the connectivity of surrounding neighborhoods, complies with various policies within the Comprehensive Plan and Transportation System Plan relating to street connectivity, reduced vehicle miles traveled and multi-use mobility. Further, the connection provides an additional emergency service route for the various surrounding neighborhoods. To this end, a Limited Activities and Uses Permit is being ottomless box culvert within the Beach Creek riparian area in accordance with the approval criteria of AMC 183.11.060 D, as follows: D. Limited Activities and Uses Permit. All limited activities and uses described in section 18.3.11.060 shall be subject to a Type I procedure in section 18.5.1.050. An application for a limited activities and uses permit shall be approved if the proposal meets all of the following criteria: 39 | Page 1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize intrusion into the Water Resource Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable. The proposed crossing over the Beach Creek riparian corridor will be via a bottomless box culvert which will allow street connectivity through the subdivision from North Mountain Avenue, into the heart of the subdivision and to and through the adjoining streets to the north and east, including Kirk Lane which is on Street. Crossing location of Beach Creek per TSP. Table 10-3 Preferred Plan Intersection & Roadway Projects Project R30 Kirk Lane North Mountain Avenue Ashland Transportation System Plan - 2012 The proposed bottomless box culvert is a system designed to minimize intrusion into the Water Resource Protection Zone and disturb as little of the surface area of the protection zone as feasibly practicable. Included with the request for the box culvert is an 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on water resources. As noted, the proposed bottomless box culvert is a system designed to minimize intrusion into the Water Resource Protection Zone and disturb as little of the surface area of the protection zone as feasibly practicable. The location of the crossing was chosen for a multitude of reasons, one being the preservation 40 | Page narrowness of the riparian channel at this location which limits excavation, grading, area of impervious surfaces, loss of vegetation, erosion and any other adverse impact on the creek. Again, included with the planter strips and street trees for the section that crosses the r width within the corridor and further minimize its intrusion. 3. On stream beds or banks within the bank-full stage, in wetlands, and on slopes of 25 percent or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. The proposed bottomless box culvert will intrude into the banks of the Beach Creek corridor which has slopes greater than 25% as no practicable alternative location of the bridge for transportation ingress and egress exists. However, walls have been designed to be minimized. The bottomless box culvert not only limits disturbance of the stream water and habitat within the creek channel itself, the accompanying wing walls ensures the slope stability around and adjacent to it. 4. Water, storm drain, and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. The proposed box culvert, wing walls and all related utilities will be designed by licensed civil engineers civil engineers prior to installation. Such utility and grading plans will be designed to avoid exposure to floodwaters and designed to avoid accidental discharges to streams and wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, and wetland restoration and enhancement will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.3.11.110, Mitigation Requirements. Plantings within the Water Resource Protection Zone corridor shall follow the Prescriptive Option of Mitigation as defined in the City of Ashland Code 18.3.11.110 for Ephemeral Streams. The area being addressed is the space affected by the installation of a bottomless culvert on Beach Creek Drive and the adjacent area. The elements specific to this project include the removal of non-native plant materials, the protection of any existing trees to remain, control of disturbed soil during construction, placement of temporary irrigation to aid in establishing new plantings, and timely replanting with native materials, some trees, shrubs and a cover crop of native grasses. 6. Long-term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 18.3.11.110.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 41 | Page Included in this process is a Management plan, for the prescribed duration, that will clearly define expectations and methods to promote the healthy growth of the area affected while curtailing the intrusion of non-native materials. AMC 18.4.6.020 B.1 Exception to Street Design Standards B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5 Variances, except that deviations from section 18.4.6.040 Street Design Standards are subject to 18.4.6.020.B.1 Exceptions to the Street Design Standards, below. 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. row (plant strip) and street trees for the area along the bridge crossing over Beach Creek and small sections on either side of the bridge. The inclusion of such a design feature is demonstrably difficult due its location on top of a bridge where added width, weight and irrigation for such elements require not only require substantially more volume and disturbance to the riparian area it is intended to protect, but the irrigation and tree root systems wover time and thus become a safety hazard. 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. As noted, the proposed street to and through the subject property has been identified and is a requirement neighborhoods can only be accomplished via a bridge crossing over Beach Creek and thus the two create a superior transportation opportunity for not only proposed residents, but also adjacent neighborhoods to the north and east. No transit facilities relate to the street exception request, but both bicycle and pedestrian facilities will which will accommodate a shared bicycle lane and include raised sidewalks and curbs connecting with planned and existing sidewalk systems. 42 | Page c. The exception is the minimum necessary to alleviate the difficulty. The proposed exception is the minimum necessary to alleviate the difficulty as the exception only applies to the bridge area and not surrounding streets. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. A. Purpose, Intent, and Background. 1. Purpose. This section contains standards for street connectivity and design as well as cross sections for street improvements. The standards are intended to provide multiple transportation options, focus on a safe environment for all users, design streets as public spaces, and enhance the livability of neighborhoods, consistent with the Comprehensive Plan. 2. Street Design Standards outline the art and science of developing healthy, livable streets, and are intended to illustrate current standards for planning and designing the streets of Ashland. The standards are to be used in the development of new streets, and reconstruction of existing streets or portions thereof (i.e. improving a paved local street by adding sidewalks). The standards area also intended as a resource for use by home builders, developers, and community members in the pursuit of quality development practices. A series of street types is offered including the multi-use path, alley, neighborhood street, commercial neighborhood street, neighborhood collector, commercial neighborhood collector, avenue, and boulevard. Street cross sections provide a model for building streets the traditional way. Variations can be made from these basic types to fit the particular site and situation. However, the measurements of each street component must be used to create and maintain the desired low-speed environment where people feel comfortable and the maximum number of people walk, bicycle and use transit. All streets in Ashland shall be designed using the following assumptions. All designs encourage pedestrian and bicycle travel. Neighborhood streets (Neighborhood Collectors and Neighborhood Streets) are designed for 20 mile-per-hour (mph). All new streets and alleys are paved. All streets have standard vertical, non-mountable curbs. Gutter widths are included as part of the curb-to-curb street width. New avenues and boulevards have bicycle lanes. Parkrow and sidewalk widths do not include the curb. Sidewalks are shaded by trees for pedestrian comfort. All streets have parkrows and sidewalks on both sides. In certain situations where the physical features of the land create severe constraints, or natural features should be preserved, exceptions may be made. Exceptions could result in construction of meandering sidewalks, sidewalks on only 43 | Page one side of the street, or curbside sidewalk segments instead of setback walks. Exceptions should be allowed when physical conditions exist that preclude development of a public street, or components of the street. Such conditions may include, but are not limited to, topography, wetlands, mature trees, creeks, drainages, rock outcroppings, and limited right-of-way when improving streets through a local improvement district (LID). Parkrows and medians are usually landscaped. Garages are set back from the sidewalk so parked vehicles are clear of sidewalks. Building setbacks and heights create a sense of enclosure. he short section of bridge crossing Beach Creek for the reasons noted above. All of the streets are to include landscaped and tree lined park rows (plant strips) between the sidewalks and street curbs as evidenced with the attached Landscape Plan (L101). The applicants have not only designed the subdivision in multi-purpose modes of transportation options for bicyclists, pedestrians and vehicle movement consistent with the purpose and intent of AMC 18.4.6.040, but intend to design homes with porches and recessed garages where possible to encourage a more positive and livable street environment. Coupled with these factors, the applicants have also gone to great lengths to include alleys as well as pedestrian paths where possible linking the project within and to abutting neighborhoods and nearby destinations. AMC 18.5.7.040 Tree Removal Permit Criteria B. Tree Removal Permit. 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. According to the project Arborist, the four trees requesting to be removed are considered to be in poor health or will eventually have a conflict with the power line along North Mountain Avenue. The trees in poor health are structurally unsound due to neglect or close proximity to a foundation. Such trees are potentially hazardous and could present a public safety hazard to property owners, tenants or pedestrians. The project Arborist has confirmed the trees cannot be reasonably treated or pruned to alleviate their loss. Nevertheless, the proposal does include 138+ replacement trees throughout the subdivision as well as a pruning plan for the remaining site trees which have been somewhat neglected over the years. 44 | Page V. CONCLUSION: Once all of the shine of a new subdivision eventually wears-off and the street trees and landscaping mature, the applicants believe the proposed subdivision will blend into the fabric of the larger neighborhood and become another successful urban neighborhood like many others found in the City of Ashland. The to say the least, but what many may not know is how overtime these efforts have consistently improved - based on sound land use policies, code amendments and collaboration. Each has become more community centric, livable, sustainable and designed at a human scale where neighbors walk and talk with other neighbors between old and new neighborhoods. This project is no different and we hope the Ashland citizenry, Planning Commission and City Council do also. 45 | Page Scoping Analysis and Neighborhood Review Beach Creek Subdivision Ashland, Oregon Prepared For: KDA Homes 604 Fair Oaks Court Ashland, OR 97520 Prepared By: Alex Georgevitch Consulting 642 Faith Avenue Ashland, Oregon 97520 541-482-8934 Project No.: 21-001 May 2021 May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review 4 ¡«¤ ®¥ #®­³¤­³² Executive Summary ........................................................................................................................2 Project Description..........................................................................................................................3 Scope of Report...............................................................................................................................3 Traffic Impacts Analysis Determination .........................................................................................4 Neighborhood Review ....................................................................................................................6 Existing Traffic Conditions.........................................................................................................6 Site Trip Generation ....................................................................................................................7 Site Trip Distribution and Assignment .......................................................................................7 Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Executive Summary Beach Creek subdivision is located along Mountain Avenue the railroad tracks in the heart of Ashland. The project is named for Beach Creek that flows through the westerly portion of the project and the riparian area takes approximately 1-acre of the site. The site consists of an existing 2.1-acres that is in the City of Ashland and zoned R-1-5 and 7.89-acres that is outside of the City but is proposed to be annexed. This review will concentrate on the 7.89-acres to be annexed. The proposed site plan shows 8 affordable cottage units and 40 single family residential (SFR) units in the area to be annexed. Four additional SFR units are shown along with a large open space on the site plan. There are several existing roads stubbed into this site. To the north is Village Park Drive and to the east is Old Willow Lane, Kirk Lane and Orchid Street. No access exists to the south because of the railroad tracks. A new road connection to North Mountain Street is proposed and will approximately align with Kirk Lane. The site plan creates a central loop to minimize cut-through traffic but still providing connections to all the existing roadways with the exception of Orchid Street. Orchid street will be connected via a multi-use path to allow bicycle and pedestrian connectivity. The site will generate 43 PM peak hour trips traffic impact analysis (TIA). Therefore, no TIA is required to annex the 7.89 acres of the site or for the development proposal of 40 single family residential (SFR) units and 8 affordable cottages. The remaining 2.1-acres of the site is already zoned for residential development and there are another four (4) SFR units planned along with open space. Though not required, the developer has asked that we look at impacts to the surrounding neighborhood and residential streets. A review of the existing traffic counts in the area indicates that a majority of the site trips will use North Mountain to get to other destinations in the community. Using a very conservative split of 80% to North Mountain and 20% through the surrounding neighborhood results in a total of 10 PM peak hour trips on those streets. Half of the PM peak hour trips will use Orchid to get to the cottage cluster. The remaining five (5) PM peak hour trips will utilize the remaining streets including Kirk, Village Park and Old Willow. No streets will be adversely impacted by the annexation or the proposed development plan. Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Project Description Beach Creek subdivision is located along Mountain Avenue the railroad tracks in the heart of Ashland. The project is named for Beach Creek that flows through the westerly portion of the project and the riparian area takes approximately 1-acre of the site. The site consists of an existing 2.1-acres that is in the City of Ashland and zoned R-1-5 and 7.89-acres that is outside of the City but is proposed to be annexed. This review will concentrate on the 7.89-acres to be annexed. The proposed site plan shows 8 affordable cottage units and 40 single family residential (SFR) units in the area to be annexed. Four (4) additional SFR units are shown along with a large open space on the site plan. There are several existing roads stubbed into this site. To the north is Village Park Drive and to the east is Old Willow Lane, Kirk Lane and Orchid Street. No access exists to the south because of the railroad tracks. A new road connection to North Mountain Street is proposed and will approximately align with Kirk Lane. The site plan creates a central loop to minimize cut-through traffic but still providing connections to all the existing roadways with the exception of Orchid Street. Orchid street will be connected via a multi-use path to allow bicycle and pedestrian connectivity. The proposed site plan is included in the appendix. Scope of Report The scoping analysis is used to determine if a full traffic impact analysis (TIA) will be required for this project. The City has provided written guidance as to when a TIA will be required in their December 2, 2020 pre-application comments. Specifically, if a development proposes direct or indirect access to a State highway or a Boulevard classified street then a TIA shall be provided for the project if 50 newly generated peak hour trips, or 20 newly generated heavy vehicle trips come from the development. In a follow-up email it was further clarified that only the area to be annexed (7.89-acres) is considered for a TIA as the remaining 2.1-acres is already in the City and zoned for residential use. North M Plan. All other adjoining streets are classified as Neighborhood Streets. The site does not propose direct access to a Boulevard classified street but likely meets the requirement of indirect access to a said classification. Therefore, a test of peak hour trips will be provided for. The City did not request a review of the surrounding neighborhood streets, but this report will also discuss the likely traffic related impacts to the connected neighborhood streets at the full development proposal. Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Traffic Impacts Analysis Determination Estimates of daily vehicle trip ends for the proposed development were based on empirical observations at similar developments. These observations are summarized in the standard th reference Trip Generation, 10 Edition, published by the Institute of Transportation Engineers (ITE). The ITE Trip Generation manual does not include affordable cottages but the California Department of Transportation (CALTRANS) has done an extensive study to determine the AM and PM peak hour rates for affordable housing. This analysis proposes to use the CALTRANS method as the best available data. CALTRANS Affordable Housing Trip Generation Strategies and Rates study dated September 14, 2018 summarizes the data in tables 4 and 5 from their study: Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review From the above data you can see that the CALTRANS data falls in line with several other studies throughout California and the west coast. From this data we can determine that the PM peak hour for an affordable unit is 0.40 trips. The project proposes to annex 7.89-acres of land and construct 8 affordable cottages and 40 SFR homes as part of the Beach Creek development. The project also includes 4 additional SFR units that are already zoned R-1-5 and therefore are not part of this analysis. Proposed Trip Generation Estimates for Residential Affordable Housing Trips/Dwelling Unit No. DU Trips (CALTRANS) (DU) Total Enter Exit 50% 50% Daily N/A N/A N/A N/A N/A 65% 35% PM Peak Hour 0.40 8 3 2 1 30% 70% AM Peak Hour 0.53 8 4 1 3 Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Proposed Trip Generation Estimates Single Family Trips/Dwelling Unit No. DU Trips (ITE Code 210) (DU) Total Enter Exit 50% 50% Daily 9.44 40 378 189 189 63% 37% PM Peak Hour 0.99 40 40 25 15 25% 75% AM Peak Hour 0.74 40 30 7 23 Proposed Trip Generation Totals Trips Time Period Total Enter Exit 50% 50% Daily (calculated) 410 205 205 63% 34% PM Peak Hour 43 27 16 27% 73% AM Peak Hour 34 8 26 Based on the proposed site plan and the trip generation estimate the development does not warrant a traffic impact analysis per the City of Ashland guidelines. The site is anticipated to generate only 43 PM peak hour trips which is less than the 50-trip threshold. Neighborhood Review Existing Traffic Conditions The proposed project is on the east side of North Mountain Street just north of the Central Oregon & Pacific Railroad lines. North Mountain Street is an Avenue classification and connects to East Main and Siskiyou Boulevard (Highway 99) to the south and Hersey Street to the north. The transportation system plan shows approximately 275 northbound and 320 southbound PM peak hour trips along the frontage of the property. The project proposes a new street access to North Mountain along with local street connections to Kirk Lane and Old Willow Lane to the east and Village Park Drive to the north. Two homes (one existing) will have direct access to North Mountain and 4 proposed affordable cottages will take access to Orchid Street. The existing street network to the north and east are all residential streets with low volumes. There are no known safety concerns documented with the City per a review of the Transportation Commission agendas over the last two-years. Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Site Trip Generation The proposal is for a 7.89-acre annexation into the City of Ashland. The site plan for the annexation includes 40 single family residential units and 8 affordable cottage units. Trip generation for the annexation area is approximately 410 average daily trips and 43 PM peak hour trips. Of the 43 PM peak hour trips 27 trips are entering the site and 16 trips will be leaving the site. th Data from the ITE manual Trip Generation, 10 Edition and CALTRANS Affordable Housing Trip Generation Strategies and Rates was used to estimate trip generation for the proposed development. Site Trip Distribution and Assignment The site trip distribution is based upon existing traffic counts as well as engineering judgment and knowledge of the area. PM peak hour trips will be used to determine how many trips will be entering and exiting the surrounding neighborhood. Existing traffic on East Main and North Mountain are split fairly evenly in direction and distribution. This is likely because of the connections to the south Ashland interchange (Exit 14 on Interstate 5) along East Main and to the north Ashland interchange (Exit 19 on Interstate 5) via North Main. It is anticipated that most traffic will use the new connection to North Mountain and then head either north or south to the major roadways within Ashland. We anticipate conservatively that 80% will follow this pattern and 20% will travel to the north or east via the connecting neighborhood streets. This split would have 13 vehicles exiting and 22 vehicles entering on the new connection to North Mountain. The remaining 5 entering and 3 exiting PM peak hour trips utilizing the neighborhood. It is anticipated, based on the proposed site plan, that five (5) of the PM peak hour trips will use Orchid with 3 entering and 2 exiting the parking area. This leaves two (2) entering trips and one (1) exiting trips to distribute through the neighborhood. Based on engineering judgement we anticipate two (2) trips to enter the site and one (1) to exit the site from Kirk Lane or Old Willow Lane and there is a chance one (1) entering and one (1) exiting trip to use Village Park Drive. These numbers exceed the total but there is no way to have a partial vehicle trip. There is no precise number for how people will use the surrounding streets but under any scenario the trips will be low. There are no known safety or capacity concerns on any of the surrounding streets. All residential streets will have little impact and will likely have only a few cars from this development traverse the surrounding streets. Likewise, it is anticipated that the surrounding streets will provide more connectivity to North Mountain and will likely serve the entire community by the connections proposed on the site plan. No mitigation is required to surrounding residential streets as a result of this development proposal. Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Appendix Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review Site Plan Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review ITE Trip Generation Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review CALTRANS Study Alex Georgevitch Consulting May 2021 Beach Creek Subdivision Scoping Analysis and Neighborhood Review This page left blank intentionally. Alex Georgevitch Consulting 2994 Wells Fargo Rd Central Point, Or 97502 madaradesinginc.com CERTIFIED ARBORIST: THOMAS MADARA Client: KDA Homes April 2, 2017 Mark Knox 604 Fair Oaks Court, Ashland, Or 97520 TREE SURVEY Site: 1068 E. Main St. Ashland, Oregon 97520 The following is a Tree Survey for the site noted above. The survey was done on 3/17/2017. The observations were made on-site and at a time when most of the deciduous trees had not started to leaf out. I expect no significant changes in my observations once they do. This survey uses the attached drawing with Red Highlighted numbers as a reference to the tree numbers below. Tree Condition noted as INSP refers examined at this time because of access. Map was created by outside survey company. ƩĻĻ ϔ ƩĻĻ ǤƦĻ hĬƭĻƩǝĻķ /ƚƓķźƷźƚƓ CźƓğƌ {ƷğƷǒƭ 1 Almond 10" INSP Fair to Remain 2 Walnut 28" INSP Good to Remain 3 White Oak 16" Poor To Be Removed 4 White Oak 8" Serious Damage To Be Removed 5 Sweet Gum 15" INSP Good to Remain 6 Western Red Cedar 10" Future Power Line Interference To Be Removed 7 Western Red Cedar 16 Very Healthy Good to Remain 8 Oregon Ash 12 Fair Major Trunk Cleavage To Remain 9 Western Red Cedar 15" INSP Good to Remain 10 Black Oak 36" INSP Good to Remain 11 Walnut 18" INSP Fair to Remain 12 Big Leaf Maple 10" INSP Fair to Remain 13 Black Oak 30" INSP Good to Remain 14 Western Red Cedar 8 Good Good to Remain 15 Maple 2 x 12" INSP To Remain 16 Black Oak 60" INSP Very Good to Remain 17 Oak 15" Poor To Be Removed 18 Ponderosa 30" Good To Remain 19 Ash 30" INSP To Remain 20 Cherry 8" INSP Fair to Remain 21 Sweet Gum 6" Good Good to Remain 22 Oak 10" In need of pruning Good to Remain 23 Oak 12" In need of pruning Good to Remain 1 24 Oak 12" In need of pruning Good to Remain 25 Willow 20" In need of pruning Good to Remain Note: Overall, the site has a variety of trees in a wide range of conditions. The property developer has expressed a strong desire to retain as many trees as possible. The trees native to this site have, for the most part, left to grow unattended. As is most often the case in these circumstances this has left many in need of attention, some survived better than others based on their location and compounding external influences. Pruning should be done by an International Society of Arboriculture Certified Arborist after consultation as to the final disposition of the trees on-site. Oregon State Landscape Architect Board, License Number 528 Oregon Landscape Contractors License, License Number 11416 International Society of Arboriculture, License Number PN-6204-A 2 2994 Wells Fargo Rd Central Point, Or 97502 madaradesinginc.com CERTIFIED ARBORIST: THOMAS MADARA Client: KDA Homes June 10, 2021 Mark Knox 604 Fair Oaks Court, Ashland, Or 97520 Site: 1068 E. Main St. Ashland, Oregon 97520 Water Resource Protection Zone (WRPZ) Management Plan: 1. There shall be no alterations to the WRPZ as delineated and shown on the attached plan. 2. There shall be no alteration of the size, shape, or design of an approved WRPZ without prior approval by the City of Ashland. 3. There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland. 4. Monitoring of the WRPZ shall be done on a Bi-annual basis by an approved entity to assess condition as it relates to site and the maintenance performance and report to the Staff Advisor. 5. After initial planting the WRPZ shall have continued removal of noxious or invasive vegetation and debris throughout the period of the Management Plan. 6. The term of irrigation is to be no more than the five year establishment period and may be no less than three years. The period being based on newly planted material being able to sustain without continued supplemental watering as determined by approved entity. 7. Continued maintenance is scheduled as follows. a. During the first growing season monthly visits. b. During the Second through Fifth growing season Bi-monthly visits. c. During subsequent years two visits per growing season. 8. Each scheduled visit to consist of the following elements. a. Review Irrigation scheduling and adjust to meet seasonal requirements during the term of use. b. Evaluate condition of plant materials that were a part of the original planting. Determine and implement a plan to improve condition those showing signs of stress. During a period of the first five years replace those that have succumbed with like material within 90 days. c. Evaluate the nature of invasive species and remove when taller than 18 d. Remove incidental debris and trash. 9. Provisions for the perpetual protection and maintenance of the Water Resource and WRPZ include but are not limited to the following a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. 1 b. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association, or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. c. Other mechanisms addressing long-term protection, maintenance, and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. Oregon State Landscape Architect Board, License Number 528 Oregon Landscape Contractors License, License Number 11416 International Society of Arboriculture, License Number PN-6204-A 2 May 12, 2021 KDA Homes, LLC Attn: Mark Knox 485 W Nevada Street Ashland, Oregon 97520 Re: Wetland determination for tax lot 800 located in Ashland, Jackson County Oregon (T39S, R1 E Section 10) Dear Mr. Knox, Schott & Associates (S&A) was contracted to conduct a wetland determination for the property located at 192 Wetlands or waters within the project site are regulated by the North Mountain Avenue in Ashland, Oregon. Oregon Department of State Lands (DSL) under the Removal-Fill Law, and by the Army Corps of Engineers (Corps) under the Clean Water Act. Work conducted in jurisdictional wetlands or waters may require permits from these agencies as well as compensatory mitigation. Prior to visiting the site, S&A reviewed available data and information including the USDA Natural Resource Conservation Service (NRCS) soil survey for Jackson County, the National Wetland Inventory (NWI), the Ashland Local Wetland Inventory (LWI), and the Oregon Explorer website for Oregon Rapid Wetland Assessment Protocol (ORWAP) & Stream Function Assessment Method (SFAM). S&A conducted an initial site visit on February 12, 2020 to identify the likelihood of onsite jurisdictional waters. S&A re-visited the site on March 16, 2021 to locate the onsite extent and boundaries of wetlands and/or waters potentially subject to regulation by DSL and the Corps. Vegetation, soils, and hydrology data were collected according to methods described in the 1987 Manual and the Regional Supplement to the Corps of Engineers Delineation Manual: Western Mountains and Valleys (Version 2.0). Sample plots were established within low-lying areas most likely to collect water and support wetland characteristics and/or where wetland signatures were observed on aerial photographs. Sample plots and OHWM were recorded using a handheld Trimble GPS unit capable of sub-meter accuracy following differential correction with Pathfinder Office desktop software. Based on soils, vegetation and hydrology data gathered during the site visit one waterway was identified onsite and one wetland was identified just offsite to the northeast. The onsite drainage is very steeply defined and was delineated via the ordinary high-water mark (OHWM) to the extent possible as indicated by top of bank, wrack or scour lines, or change in vegetation communities. Access was possible only to the external west and east banks. Offsets were estimated to delineate the opposite bank for mapping purposes. The LWI for Ashland identified a stream known as Beach Creek, correlating with the location of the onsite waterway. The NWI mapped a linear riverine perennial unconsolidated bottom, semi-permanently flooded excavated feature extending approximately north-south through the site. The NWI mapping was in the same general location as the LWI but did not accurately represent existing waterway conditions. The National Hydrography Data set (NHD) indicated a Canal Ditch correlating with the location of the mapped NWI wetland. Oregon Department of Forestry (ODF) mapping indicating a small stream correlating with the location of the NWI mapped wetland. The soil identified on site was Kubli loam, 0 to 3 percent slopes, which is considered a hydric soil. Soil samples taken onsite were generally yellowish-brown loamy sand or sandy loam and did not meet hydric soil criteria. Vegetation on-site was dominated by facultative (FAC) field grasses including meadow foxtail (Alopecurus pratensis), colonial bentgrass (Agrostis capillaris) and tall fescue (Schedonorus arundinacea) as well as star thistle (Centaurea solstitialis; NOL). No hydrology indicators were observed outside the defined waterway. All wetland work is considered preliminary until approved in writing by the appropriate agencies. It is advisable to obtain jurisdictional determinations (concurrence) from the agencies prior to conducting any work to confirm boundaries and whether onsite features are subject to DSL and/or Corps regulation. If you wish to proceed, the next task would be the completion of a formal wetland delineation report. This may not be required if no wetland/water impacts are proposed. Please note that Ashland local ordinance provides protection for water resources and associated buffers. The onsite waterway is identified on the Water Resources Map as an Intermittent or Ephemeral Stream. This Stream Bank Protection Zone requires a riparian buffer extending 30’ from the centerline of the creek in both directions. Any impacts to local Stream and Wetland Protection Zones require permitting and mitigation as per Ashland Municipal Code (AMC) Chapter 18.3.11 Water Resources Protection Zones (Overlays). Please check with local officials before conducting any work. Please let me know if you have additional questions. Sincerely, Jodi Reed Wetland Ecologist & Wildlife Biologist Jodi@schottandassociates.com 503-678-6007 Attachments: Preliminary Wetland Determination Map Schott and Associates – Ecologists and Wetland Specialist P.O. Box 589, Aurora, OR. 97002 · 503.678.6007 2 Page Legend Study Site Tax Lot Boundary Drainage: 0.23 acre TL #800 ¯ Date: 5/13/2021 Preliminary Wetland DRAFT MAP: Not an official wetland map; Data Source: ESRI, 2021; for planning purposes only Determination Map Jackson County GIS Dept, 2021 North Mountain Avenue Project Site: S&A # 2773 050100200Feet Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf Kvof!32-!3132!!}!!!Wfstjpo!2/1!!!}!!22y28!Gpsnbu UIFTF!DPODFQUVBM!TDIFNBUJD!ESBXJOHT!'!SFOEFSJOHT!BSF!OPU!GPS!DPOTUSVDUJPO!!ª!3132!MJOEFNBOO!EFTJHO!MMD !MMD MJOEFNBOO!EFTJHO !! TIFFUTIFFU 22 Uzqjdbm!Tjohmf!Tupsz!Qmbo 85'-0" total2376.1 s.f. (49.9%) house1483.0 s.f. (31.2%) 493.1 s.f. (10.4%) garage400.0 s.f. (8.4%) 6'-0" typical 1-story floor plan (1483 s.f.) 15'-0"20'-0" 10'-0"5'-0"5'-0"15'-0" hardscape 6' setback (house) 20'-0" 11'-0" D I N I N G 8'-0" PATIO 20' setback (garage) G A R A G E 15' setback (house) 20'-0" 9'-0"6'-0" L A U N D R Y 11'-0" Kvof!32-!3132!!}!!W/2/1!!}!!22y28 K I T C H E N 15'-0" 13'-0" ! Bqqmjdbou;!LEB!Ipnft 15'-0" L I V I N G 44'-0"56'-0" PORCH 9'-0" NORTH 15' solar setback (10' roof eave height above natural grade) LINEN COAT 12'-0" 7'-0" 16' 12'-0" ! B E D R O O M B E D R O O M 3 M A S T E R B E D R O O M 2 10'-0"W. I. C. Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf 6'-0" 16'-0"16'-0" 12'-0" 6'-0" 10'-0" B A T H M A S T E R 8' 10' setback (house) B A T H 8'-0" tdbmf;!209•>2“1• 3/16"=1'-0" scale: 3/16"=1'-0" L O T 7 12'-0" 2'4' scale: 6' setback (house) 6'-0" 0 1 !MMD !EFTJHO O MJOEFNBO !! TIFFUTIFFU 33 Uzqjdbm!Tjohmf!Tupsz!Fmfwbujpot Kvof!32-!3132!!}!!W/2/1!!}!!22y28 ! Bqqmjdbou;!LEB!Ipnft ! Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf !MMD !EFTJHO O MJOEFNBO !! TIFFUTIFFU 44 12'-0" 8'-6" L O F T 12'-6"5'-0" W. I. C. 7'-0" L O F T Uzqjdbm!3.Tupsz!Qmbot 11'-6" B E D R O O M B A T H 10'-0"10'-0"10'-0" B A T H B E D R O O M B E D R O O MB E D R O O M 11'-0"5'-0"12'-0"10'-6"5'-6"10'-0" 2nd FLOOR2nd FLOOR 462 S.F.403 S.F. L O T 1 5L O T 1 4 15'-0" 10'-0" 10'-0" Kvof!32-!3132!!}!!W/2/1!!}!!22y28 6'-0" 6'-0" ! Bqqmjdbou;!LEB!Ipnft PORCHPORCH 15' setback (house)15' setback (house) 13'-0" 14'-6" 13'-0" 10'-6" setback (house) 8'-0" 8'-0" K I T C H E N D I N I N G 12'-6" D I N I N G 9'-0" 13'-6" L I V I N G 9'-6" 6' setback (house) 5'-6"5'-0" 1'-6" L A U N D R Y K I T C H E N PANTRY 6'-6" 5'-0" 12'-0" G A R A G EG A R A G EH A L F 36'-0" 20'-0" COATPANTRY B A T H 7'-0" L I V I N G 9'-0" 6'-0" ! 7'-0" L A U N D R Y Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf 4'-0" 12'-0"20'-0" 1 / 2 B A T H 8'-0" 13'-6" 13'-0" M A S T E R 8'x16'M A S T E R 10'-0" 9'-6" surface B E D R O O MB E D R O O M M A S T E RM A S T E R parking W. I. C. B A T HB A T H W. I. C. 12'-0"9'-0"7'-0" 6'-6"8'-0"13'-6" 10' setback (house)10' setback (house) 10'-0" footprint1074.3 s.f. (30.9%)footprint955.0 s.f. (26.6%) garage400.0 s.f. (11.1%) garage240.0 s.f. (6.9%) hardscape424.0 s.f. (12.2%)hardscape418.0 s.f. (11.6%) total1738.3 s.f. (50.0%)total1773.0 s.f. (49.3%) 6'-0"51'-0"48'-0"10'-6" !MMD typical 2-story floor plans (lot 15: 1536 s.f. - lot 14: 1358 s.f.) 1 !EFTJHO scale:3/16"=1'-0" NORTH tdbmf;!4043•>2“1• 02'4'8'16' O scale: 3/16"=1'-0" MJOEFNBO !! TIFFUTIFFU 55 Uzqjdbm!3.Tupsz!Fmfwbujpot Kvof!32-!3132!!}!!W/2/1!!}!!22y28 ! Bqqmjdbou;!LEB!Ipnft ! Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf !MMD !EFTJHO O MJOEFNBO !! TIFFUTIFFU 66 Uzqjdbm!Dpuubhf!Qmbo typical cottage floor plan (800 s.f.) 8'-0"8'-6"5'-0"12'-0" B E D R O O M B A T H R O O M D I N I N G K I T C H E N 9'-6" 10'-0"10'-0" NORTH Kvof!32-!3132!!}!!W/2/1!!}!!22y28 ! LINEN Bqqmjdbou;!LEB!Ipnft 16' 5'-0" LAUNDRY LINEN B E D R O O M M A S T E R L I V I N G B A T H R O O M 11'-6" M A S T E R 8' 10'-0" ! Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf 3/16"=1'-0" scale: 3/16"=1'-0" 2'4' 12'-6"5'-0"14'-0" scale: 0 1 !MMD !EFTJHO O MJOEFNBO !! TIFFUTIFFU 77 Uzqjdbm!Dpuubhf!Fmfwbujpot Kvof!32-!3132!!}!!W/2/1!!}!!22y28 ! Bqqmjdbou;!LEB!Ipnft ! Cfbdi!Dsffl!Tvcejwjtjpo Dpodfquvbm!Bsdijufduvsf !MMD !EFTJHO O MJOEFNBO 2994 Wells Fargo Rd Central Point, Or 97502 madaradesinginc.com CERTIFIED ARBORIST: THOMAS MADARA Client: KDA Homes April 2, 2017 Mark Knox 604 Fair Oaks Court, Ashland, Or 97520 TREE SURVEY Site: 190 N Mountain Ave. Ashland, Oregon 97520 The following is a Tree Survey for the site noted above. The survey was done on 3/17/2017. The observations were made on-site and at a time when most of the deciduous trees had not started to leaf out. I expect no significant changes in my observations once they do. This survey uses the attached drawing with Red Highlighted numbers as a reference to the tree numbers below. Tree Condition noted as INSP refers examined at this time because of access. Map was created by outside survey company. ƩĻĻ ϔ ƩĻĻ ǤƦĻ hĬƭĻƩǝĻķ /ƚƓķźƷźƚƓ CźƓğƌ {ƷğƷǒƭ 1 Almond 10" INSP Fair to Remain 2 Walnut 28" INSP Good to Remain 3 White Oak 16" Poor To Be Removed 4 White Oak 8" Serious Damage To Be Removed 5 Sweet Gum 15" INSP Good to Remain 6 Western Red Cedar 10" Future Power Line Interference To Be Removed 7 Western Red Cedar 16 Very Healthy Good to Remain 8 Oregon Ash 12 Fair Major Trunk Cleavage To Remain 9 Western Red Cedar 15" INSP Good to Remain 10 Black Oak 36" INSP Good to Remain 11 Walnut 18" INSP Fair to Remain 12 Big Leaf Maple 10" INSP Fair to Remain 13 Black Oak 30" INSP Good to Remain 14 Western Red Cedar Good Good to Remain 15 Maple 2 x 12" INSP To Remain 16 Black Oak 60" INSP Very Good to Remain 17 Oak 15" Poor To Be Removed 18 Ponderosa 30" Good To Remain 19 Ash 30" INSP To Remain 20 Cherry 8" INSP Fair to Remain 21 Sweet Gum 6" Good Good to Remain 22 Oak 10" In need of pruning Good to Remain 23 Oak 12" In need of pruning Good to Remain 1 24 Oak 12" In need of pruning Good to Remain 25 Willow 20" In need of pruning Good to Remain Note: Overall, the site has a variety of trees in a wide range of conditions. The property developer has expressed a strong desire to retain as many trees as possible. The trees native to this site have, for the most part, left to grow unattended. As is most often the case in these circumstances this has left many in need of attention, some survived better than others based on their location and compounding external influences. Pruning should be done by an International Society of Arboriculture Certified Arborist after consultation as to the final disposition of the trees on-site. Oregon State Landscape Architect Board, License Number 528 Oregon Landscape Contractors License, License Number 11416 International Society of Arboriculture, License Number PN-6204-A 2 2994 Wells Fargo Rd Central Point, Or 97502 madaradesinginc.com CERTIFIED ARBORIST: THOMAS MADARA Client: KDA Homes June 10, 2021 Mark Knox 604 Fair Oaks Court, Ashland, Or 97520 Site: 190 N Mountain Ave. Ashland, Oregon 97520 Water Resource Protection Zone (WRPZ) Management Plan: 1. There shall be no alterations to the WRPZ as delineated and shown on the attached plan. 2. There shall be no alteration of the size, shape, or design of an approved WRPZ without prior approval by the City of Ashland. 3. There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland. 4. Monitoring of the WRPZ shall be done on a Bi-annual basis by an approved entity to assess condition as it relates to site and the maintenance performance and report to the Staff Advisor. 5. After initial planting the WRPZ shall have continued removal of noxious or invasive vegetation and debris throughout the period of the Management Plan. 6. The term of irrigation is to be no more than the five year establishment period and may be no less than three years. The period being based on newly planted material being able to sustain without continued supplemental watering as determined by approved entity. 7. Continued maintenance is scheduled as follows. a. During the first growing season monthly visits. b. During the Second through Fifth growing season Bi-monthly visits. c. During subsequent years two visits per growing season. 8. Each scheduled visit to consist of the following elements. a. Review Irrigation scheduling and adjust to meet seasonal requirements during the term of use. b. Evaluate condition of plant materials that were a part of the original planting. Determine and implement a plan to improve condition those showing signs of stress. During a period of the first five years replace those that have succumbed with like material within 90 days. c. d. Remove incidental debris and trash. 9. Provisions for the perpetual protection and maintenance of the Water Resource and WRPZ include but are not limited to the following a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. 1 b. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association, or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. c. Other mechanisms addressing long-term protection, maintenance, and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. Oregon State Landscape Architect Board, License Number 528 Oregon Landscape Contractors License, License Number 11416 International Society of Arboriculture, License Number PN-6204-A 2 FROM THE AUGUST 10, 2021 TYPE III PUBLIC HEARING _________________________________ PA-T2-2021-00031 375 & 475 East Nevada Street Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF ELECTRONIC PUBLIC HEARING PLANNING ACTION: PA-T2-2021-00031 SUBJECT PROPERTY: 375 & 475 East Nevada Street APPLICANT: Rogue Planning & Development Services, LLC for OWNERS: Peter & Laura Schultz (owners, 375 E. Nevada St.-Tax Lot 1000), David Young (owner, 475 E. Nevada St.-Tax Lots1100,1200 & 1300) DESCRIPTION: A request for a Minor Comprehensive Plan Map Correction to clarify the City of Urban Growth Boundary for four properties located at 375 & 475 East Nevada Street. The application asserts that there are differences in the location between the official paper maps and the current GIS maps in use by both the County and the City, and that the original maps scales were such that the line width could significantly alter the boundary location. The application asks to make clearthat the portions of the four properties in question are within the City of Urban Growth Boundary as Residential Reserve (1.37 acres of Tax Lot 1000) and North Mountain Neighborhood Plan (2.08 acres of Tax Lots 1100, 1200 & 1300). PLEASE NOTE: The also requires review and approval of applications to correct errors in the Comprehensive Plan Map by both the Ashland City Council and Jackson County Board of Commissioners. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential Reserve & North Mountain; ZONING: RR-.5 & NM-MF; MAP: 39 1E 04A; TAX LOT #: 1000, 1100, 1200 & 1300. ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday, August 10th, 2021 at 7:00 PM OVER Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and RVTV Prime. The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an objection concerning this application, or failure to provide sufficient specificity to afford the decision makers 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. Because of the COVID-19 pandemic, application materials are provided online and written comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning@ashland.or.us. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, 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. Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the August 10PC Hearing Testimony August 9, 2021. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the August 10 PC Hearing Testimony August 10, 2021. Written testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Monday, August 9, 2021. In order to providetestimony at the public hearing, please provide the following information: 1) make the subject line of the email August 10 Speaker Request 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the C-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). If you have questions or comments concerning this request, please feel free to contact Senior Planner Derek Severson, the staff planner assigned to this application, at 541-488-5305 or e-mail: derek.severson@ashland.or.us Minor Map Amendments or Corrections (Type II). \[AMC 18.5.9.020.A.\] The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will e 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. ASHLAND PLANNING DIVISION STAFF REPORT June 8, 2021 PLANNING ACTION: PA-T2-2021-00031 APPLICANT: Rogue Planning & Development Services, LLC OWNERS: Peter & Laura Schultz (375 E. Nevada St.) David Young (475 E. Nevada St) SUBJECT PROPERTIES: 375 East Nevada Street (39 1E Map 04A, Tax Lot 1000) 475 East Nevada Street (39 1E Map 04A, Tax Lot 1100-1200-1300) ORDINANCE REFERENCES: See https://ashland.municipal.codes/LandUse AMC 18.1 Introduction and General Provisions AMC 18.1.2 Title, Purpose & General Administration AMC 18.2 Zoning Regulations AMC 18.2.1.030 Determination of Zoning Boundaries AMC 18.5 Application Review Procedures and Approval Criteria AMC 18.5.1 General Review Procedures AMC 18.5.9 Comprehensive Plan, Zoning, and Land Use Ordinance Amendments AMC 18.5.9.020.A Minor Map Amendments or Corrections AMC 18.6 Definitions Ashland Comprehensive Plan (see http://www.ashland.or.us/Files/Comprehensive_Plan- updated_6.2019.pdf) UGBA 1982 Urban Growth Boundary Agreement () between City of Ashland & Jackson County (See https://jacksoncountyor.org/ds/DesktopModules/Bring2 mind/DMX/API/Entries/Download?Command=Core_D ownload&EntryId=34685&language=en- US&PortalId=16&TabId=1460) 120-DAY TIMELINE: Not Applicable (see ORS 227.188) Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 1 of 13 REQUEST: The application is a request for a Minor Comprehensive Plan Map Correction to clarify the City of urban growth boundary for four properties located at 375 & 475 East Nevada Street. The application asserts that there are differences in the location between the official paper maps and the current GIS maps in use by both the County and the City, and that the original scales were such that the line width could significantly alter the boundary location. The application asks to make clear that the portions of the four properties in (1.37 question are within the City of urban growth boundary as Residential Reserve acres of Tax Lot 1000)(2.08 acres of Tax Lots 1100, and North Mountain Neighborhood Plan 1200 & 1300) as illustrated on the attached Staff Exhibit S-1. -judicial procedure may be used for minor map amendments or corrections. However, in this instance the 1982 Ashland/Jackson County Urban Growth Boundary requires review and approval of applications to correct errors in the Comprehensive Plan Map by both the Ashland City Council and Jackson County Board of Commissioners. As such, the application is being treated as a procedure because it requires a Council decision. If the City Council approves the current request, the applicant would then need to make a similar application to Jackson County for consideration by the Board of Commissioners before either body adopted an ordinance correcting the boundary line. I. Discussion The application requests approval of a Minor Comprehensive Plan Map Amendment in the form of a map correction to clarify the urban growth boundary. The application materials assert that the record of the exact location of the urban growth boundary line has been inconsistent, and recording a plat to further urbanize the subject properties within the city limits would leave Jackson County RR-5 zoned remnant properties outside the Urban Grown Boundary with less than the minimum required lot area under their county zoning. Goal 14 of Oregons statewide land use-planning goals deals with Urbanization. In the Oregon Administrative Rules (OAR), OAR 660-004-0040 discusses the Application of Goal 14 to Rural Residential Areas. The subject properties here are within the counties Rural Residential zone (RR-5). With regard to rural lands planned for residential uses such as the properties here, Goal 14 prohibits the urban use of these rural lands, and to that end prevents the creation of new lots or parcels smaller than the minimum size (which is generally no smaller than two acres in Goal 14, and specifically five acres here under the Countys RR-5 zoning) without an exception to Goal 14. Recording a plat to partition or divide the portions of the properties within the city limits would create new discrete parcels out of the remnant pieces of the properties that lie outside the city limits and urban growth boundary, triggering the exception. This would be a costly action with the County and in a pre-application with County staff, they have indicated to the applicant that approval of such an exception appears extremely unlikely. There are portions of four tax lots included in the request for clarification of the urban growth (39 1E 04A Tax Lots: 1100, boundary. These properties are located at 475 East Nevada Street 1200 & 1300)(39 1E 04A Tax Lot 1000). and at 375 East Nevada Street In 2017, the Planning Commission approved a Comprehensive Plan Amendment from Single Family Residential Reserve to North Mountain Neighborhood Overlay Zoning; a Zone Change from Jackson County Rural Residential, ½-acre minimum (RR-5) to North Mountain Multi-Family (NM-MF) Zoning Overlay; Outline Plan and Site Design Review approvals for a 20-lot/23-unit Performance Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 2 of 13 at 475 East Nevada Street. The application materials explain applicant met with Jackson County staff regarding the split-zoning of the property and the need, with subdivision of the property, to create discrete lots for the remnant properties outside the urban growth boundary. The application suggests that at this point, it became apparent that there were 8 and the maps the County used in implementing their development regulations. The application concludes that the request is that the portions of tax lots 1100, 1200 & 1300 totaling 2.08 acres at 475 East Nevada Street, and the approximately 1.37 acre area of tax lot 1000 at 375 East Nevada Street which are depicted on the current city maps as being outside the urban growth boundary instead be included within the City of Ashlandurban growth boundary as it was drawn in the official 1989 map, explaining that while the present Geographical Information System (GIS) maps show the properties divided by the City of Ashland urban growth boundary roughly mid-way between the north and south property lines with the urban growth boundary following the city limits boundary, the 1989 map is of such a scale that the pen stroke is larger than the specific location of the UGB on the subject property per the GIS maps. The application materials emphasize that the issue at hand must be addressed before further action can be taken to complete the approval and development of the Katherine Mae Subdivision. II. Analysis The expansion of the urban growth boundary other than through the correction of a mapping error would trigger a minor amendment to the Greater Bear Creek Valley Regional Plan. When the Regional Plan was completed in 2012, the City of Ashland was the only participating city in the region that chose not to identify urban reserve areas for the future expansion of its urban growth boundary. Ashland instead committed to accommodating a doubling of the regional population over the next 50-60 years through more efficient land use within the existing city limits and urban growth boundary. Should the city now seek to expand its urban growth boundary by not more than 50 acres, it would require a minor amendment to the Regional Plan be processed by Jackson County with the City of Ashland as the applicant. In discussing the application with Department of Land Conservation and Development (DLCD) staff, they have confirmed that if the application is truly a clarification of the UGB boundary based on the interpretation of historic documents, it does not constitute a UGB amendment and can be treated as a correction The request here is to determine whether the current maps reflect the originally intended placement of the urban growth boundary, or if the urban growth boundary was incorrectly placed in the transition from the original paper maps to the currently adopted electronic maps and thus merits correction. Minor Map Amendments or Corrections As detailed in AMC 18.5.9.020.A, minor map amendments or correction may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following: Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 3 of 13 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. Determination of Zoning Boundaries AMC 18.2.1.030 also speaks to the of Zoning and provides that: Unless otherwise specified, zoning boundaries are lot lines, the centerlines of streets, and railroad right-of-way, or such lines extended. Where due to the scale, lack of scale, lack of detail or illegibility of the Zoning Map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of a zoning boundary, the Staff Advisor or, upon referral, the Planning Commission or City Council, shall determine the boundary as follows: A.wźŭŷƷƭΏƚŅΏǞğǤ͵ Boundaries that approximately follow the centerlines of a street, highway, alley, bridge, railroad, or other right-of-way shall be construed to follow such centerlines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way formerly served as a zoning boundary, the vacated lands within the former right-of-way shall be allocated proportionately to the abutting zones. B.tğƩĭĻƌͲ ƌƚƷͲ ƷƩğĭƷ͵ Where a zoning boundary splits a lot into two zones and the minimum width or depth of a divided area is 20 feet or less, the entire lot shall be placed in the zone that accounts for the greater area of the lot by the adjustment of the zoning boundary. Where a zoning boundary splits a lot into two zones and the minimum width and depth of both divided areas is greater than 20 feet, the lot shall have split zoning with lot area designated proportionately to each zone. C.WǒƩźƭķźĭƷźƚƓ ĬƚǒƓķğƩǤ͵ Boundaries indicated as approximately following a City or County boundary, or the Urban Growth Boundary, shall be construed as following said boundary. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 4 of 13 D.bğƷǒƩğƌ ŅĻğƷǒƩĻƭ͵ Boundaries indicated as approximately following the centerlines of a river or stream, a topographic contour, or similar feature not corresponding to any feature listed in section 18.2.1.030, above, shall be construed as following such feature. Ashland/Jackson County Urban Growth Boundary Agreement (UGBA) In addition to the Ashland Municipal Code (AMC), there is an County Urban Growth Boundary Agreement which was adopted in 1982. The UGBA sets forth the mutually adopted urbanization program between the City and Jackson (and) establishes an Urban Growth Boundary, an Area of Future Urbanization, Areas of Mutual Planning Concern, joint policies governing the urbanization of lands, and revision and administrative procedures. The UGBA requires review and approval of applications to correct errors in the Comprehensive Plan Map by both the Ashland City Council and Jackson County Board of Commissioners as follows: /ƚƩƩĻĭƷźƚƓ ƚŅ 9ƩƩƚƩƭ͵ If the City Council or the County Board of Commissioners become aware of an error in either the map or the text of the mutually adopted urbanization program, both bodies may cause an immediate amendment to occur to correct the error, after mutual agreement is reached. Such a correction shall be in the form of a public hearing and an ordinance, conducted separately or jointly by both bodies, which may take effect on an emergency basis. Public hearings before the Planning Commissions shall not be required where an amendment is intended specifically to correct an error. Generally, an error is a cartographic mistake or text misprint, omission or duplication. Such errors are not derived from new data or suggested errors made in interpretations of the attitudes of the public, the governing bodies or data; the latter error types are considered under the amendment provisions cited herein. In discussions with Jackson County staff, they have confirmed that if the city determines an error has been made and the map requires correction, they would forward the issue to the Board of Commissioners for a decision, as detailed in the 1982 Urban Growth Boundary Agreement. For staff, the most applicable criterion in considering a minor map correction is AMC 18.5.9.020.A.2, that A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. clear that the transition from the original paper maps to a computer-based Geographic Information System (GIS) enabled mapping by the city and county to become much more precise and represented a substantial change, and the key question is whether the more precise mapping resulted in the incorrect identification of the intended urban growth boundary. The original paper maps often did not show tax lot boundaries or clearly illustrate how the city limits or urban growth boundary lines related to one another or to individual properties. As the applicant notes, in some of the adopted paper maps, the UGB line was drawn with a width which equates to more than 200 feet on the ground, while the current request deals with tax lots that are in some instances only 250 feet in depth. While staff believes that boundary lines including the UGB should follow property lines wherever possible, as provided in AMC 18.2.1.030, in reviewing the maps provided by the applicant and other maps in city records, staff are unable to identify any clear error in the placement of the urban growth boundary lines. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 5 of 13 The Tarp The original working map used in developing the current zoning and Comprehensive Plan maps is often referred to as as it was created from a large canvas tarp. This is not an officially adopted map, but has been used as a reference tool for staff when boundary questions arise. Staff estimates that The Tarp dates to the early- to mid- as it was in use as a reference tool when the current Community Development Director was hired in the late A photo of The Tarp as it illustrates the subject properties is shown below - with a red rectangle added by staff to identify the subject properties: Figure 1 While The Tarp does not illustrate a clear distinction between the city limits and urban growth boundary here, it does clearly show the subject tax lots and does not identify Comprehensive Plan map designations for the portions north of the city limits line shown, suggesting that even from this early date, boundary lines were located so that they left the portions of the subject properties in question here outside the boundaries. Based on the scale, the boundary line is shown at just over 150 feet from the north boundary of the Nevada Street right-of-way. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 6 of 13 1982 Urban Growth Boundary Agreement (UGBA) Map The city and county adopted an Urban Growth Boundary Agreement in 1982 which included an Urban Growth Boundary Map as A. A portion of that map depicting the subject properties is copied below, with a red rectangle added by staff in the general area of the subject properties: Figure 2 1982 UGBA Map This UGBA exhibit map does not identify individual tax lots and is generally lacking in clear detail. The scale on the map is difficult to read and imprecise, but the city limits and urban growth boundary lines appear to scale to less than 200 feet north of the north boundary of the Nevada Street right-of-way. (The current GIS map has this boundary at between 153 feet and 167 feet north of the right-of-way. If adjusted as the applicant requests, the boundary would be between 250 and 329 feet north of the Nevada Street right-of-way.) Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 7 of 13 1982 Comprehensive Plan Map from Urbanization Element (Adopted by Ord. 2227) A new Comprehensive Plan and Comprehensive Plan map were adopted in 1982 as Ordinance #2227. The Urbanization element of the Comprehensive Plan included a map illustrating the urban growth boundary; the portion of this map depicting the subject properties is copied below, with the general location of the properties, the urban growth boundary and city limits identified in red: Figure 3 1982 Urbanization Element Map This 1982 Comprehensive Plan map does not identify individual tax lots and is generally lacking in clear detail. The scale on the map is difficult to read and imprecise, and identifying the exact intended location of the urban growth boundary is complicated by the fact that the width of the boundary line itself scales to slightly more than 200 feet and obscures the north boundary of the Nevada Street right-of-way and the city limits line beneath it. The associated Urbanization element of the Comprehensive Plan does include a narrative description of the urban growth boundary based on lettered points called out on the map noting, The urban growth boundary returns to the city limits at point Q. The only other departure of the urban growth boundary (line from the city limits line) is from point R to point S, where it includes the sewage treatment plant and a portion of the Bear Creek Greenway. The subject properties are between point S and the starting point A, suggesting that in this vicinity the city limits line and urban growth boundary line were one and the same in 1982. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 8 of 13 1982 Adopted Zoning Map Staff have obtained a digital copy of the original zoning map sent to the state for acknowledgement in 1982. The portion relevant to the subject properties is illustrated below, with the general location of the properties in a red rectangle: Figure 4 Officially-Adopted Zoning Map (1982) The city limits and urban growth boundary line are one and the same here. Individual tax lots are not identified, however the boundary line scales as approximately 120 feet north of the north boundary of the Nevada Street right-of-way. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 9 of 13 1989 Urban Growth Boundary Agreement Map The application materials provided include a map described as being part of a 1989 Urban Growth Boundary Agreement. The relevant portion of this map, with the notes in the red box, is included below. Figure 5 UGBA Map (1989). hŅŅźĭźğƌͪ Staff cannot locate an adopted 1989 Urban Growth Boundary Agreement, and as such cannot confirm that this is an official map. There was an Urban Growth Boundary Agreement update process initiated in 2001, but it never came to fruition, and both the city and the county are still currently working under the adopted 1982 Urban Growth Boundary Agreement discussed above, and are unaware of an adopted 1989 update. While the map provided includes individual tax lots, the tax lot lines are unclear with regard to the subject properties here, and the map provided does not include a scale. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 10 of 13 2008 Officially Adopted Comprehensive Plan Map In 2008, the city adopted new zoning and associated overlay maps in digital format with Ordinance #2951. These are the current official maps. A portion of the official Comprehensive Plan map depicting the subject properties is shown below, with a red rectangle added by staff around the subject properties. Figure 6 Current Officially-Adopted Comprehensive Plan Map (2008) In the current officially-adopted maps, the city limits and urban growth boundary lines are one and the same in this vicinity, similar to the way they were depicted on and described in the narrative description in the 1982 Element of the Comprehensive Plan. This currently adopted official GIS map has the boundary lines at between 153 feet and 167 feet north of the north boundary of the Nevada Street right-of-way, which splits the subject properties between city and county, leaving remnant portions outside the city and urban growth boundary under the county jurisdiction. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 11 of 13 III. Procedural AMC 18.5.9.020.A Minor Map Amendments or Corrections The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. Ashland/Jackson Urban Growth Boundary Agreement (UGBA) Section 11.D of the 1982 UGBA between Ashland & Jackson County addresses of as follows: Correction of Errors. If the City Council or the County Board of Commissioners become aware of an error in either the map or the text of the mutually adopted urbanization program, both bodies may cause an immediate amendment to occur to correct the error, after mutual agreement is reached. Such a correction shall be in the form of a public hearing and an ordinance, conducted separately or jointly by both bodies, which may take effect on an emergency basis. Public hearings before the Planning Commissions shall not be required where an amendment is intended specifically to correct an error. Generally, an error is a cartographic mistake or text misprint, omission or duplication. Such errors are not derived from new data or suggested errors made in interpretations of the attitudes of the public, the governing bodies or data; the latter error types are considered under the amendment provisions cited herein. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 12 of 13 IV. Conclusions and Recommendations Staff believes that the boundary lines would have been much better placed to follow property lines, and staff is equally frustrated that the size of resulting remnant properties in the county prevents further urbanization of these properties, however in reviewing the application materials and associated maps, staff have been unable to identify any clear error in the urban growth boundary current placement that suggests it was placed differently than was originally intended and needs to be corrected. While each of the various maps pose some challenges in terms of clarity, scale and the identification of individual tax lot lines relative to the boundary line locations, all of them are generally consistent in depicting a straight urban growth boundary line in the same location as the city limits line as was described in the Comprehensive Plan narrative in 1982 when the boundary was established - rather than having the boundary follow property lines. As such, staff are unable to say that a correction is merited here. Planning Action PA-T2-2021-00031 Ashland Planning Division Staff Report (dds) Applicant: Rogue Planning & Development Services, LLC Page 13 of 13 Received 3.15.2021 ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Minor Comprehensive Plan Map Amendment 375 East Nevada Street 475 East Nevada Street ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Received 3.15.2021 Comprehensive Plan Map Amendment Subject Property Property Address: 475 EAST NEVADA STREET Map & Tax Lots: 39 1E 04A Tax Lots: 1100, 1200; 1300 Property Owner: Young Family Trust 348 South Modoc Street Medford, OR 97504 Property Address: 375 EAST NEVADA STREET Map & Tax Lot: 39 1E 04A Tax Lot: 1000 Property Owner: Peter and Laura Schultz 375 E Nevada Street Ashland, OR 97520 Surveyor:Hoffbuhr & Associates 880 Golf View Drive; Suite 201 Medford, OR 97540 Planning Consultant: Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr., PMB#457 Medford, OR 97501 Comprehensive Plan Designation: Single Family Residential Reserve Zoning: SPLIT: City of Ashland RR-.5 Jackson County Rural Residential (RR-5) Adjacent Zones: NM-R-1.5; NM-MF; Rural Residential (RR-.5); Jackson County RR-5; and Jackson County Exclusive Farm Use (EFU) Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 1 of 12 Received 3.15.2021 Request: The application requests approval for a City of Ashland Comprehensive Plan Amendment from Jackson County Rural Residential to Ashland Residential Reserve/North Mountain Neighborhood Plan. It can be found that the record of the exact location of the Urban Growth Boundary line has been inconsistentand leavesJackson County RR-5 zoned remnant parcels of landthat necessitate Goal 14 exceptions due to the limited lot area of the legal parcels of record of the areas north of and outside of the city of Ashland Urban Growth Boundary. There are portions of four parcels of record included in the request for clarification of theUrban Growth Boundary. The properties are 475 East Nevada Street (39 1E 04A Tax Lots: 1100, 1200; 1300) and 375 East Nevada Street (39 1E 04A Tax Lot: 1000). In 2017, the Katherine Mae Subdivision obtained Comprehensive Plan Amendment from Single Family Residential Reserve to North Mountain Neighborhood Overlay Zoning, a Zone Change from Jackson County Rural Residential, ½ Acre minimum (RR-.5-P), to North Mountain Multi-Family (NM-MF) Zoning Overlay; Outline Plan and Site Design Review approval for a Performance Standards Subdivision to allow for the future development of a phased subdivision in 2017. At the time of the subdivision request, it was believed that the property was divided by the city of Ashland Urban Growth Boundary (UGB) that is shown on the 2008 adopted maps from the city of Ashland as roughly half-way between the north and south property lines. Following discussions and meetings with Jackson County regarding the “split zoning” of the property and the need to create separate and discrete parcels of recordnorth of the UGB that areseparate from the property on the south side of the UGB. Following inquiries at the County, it became apparent that there is question to the adopted maps on file with the city of Ashland and dated July 2008 and the maps that Jackson County uses in the implementation of their development regulations. In the research of this issue, the ability to readily manipulate the boundary lines presently when mapped by the Geographic Information Services (GIS) mapping software versus the lines drawn on the adopted Comprehensive Plan Mapsbecame more apparent. The property owner and the project team find that there is an important issue at hand that must be addressed before further action can be taken concerning the Final Planning of the adjacent Katherine Mae Subdivision. According to the present Geographical Information Systems (GIS) drawn maps, theproperties are divided by the City of Ashland Urban Growth Boundary (UGB) roughly mid-way between the north and south property lines. The UGB is shown following the city limits boundary. The official map is dated 1989 Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 2 of 12 Received 3.15.2021 and is of such a scale that the pen stroke is larger than the specific location of the UGB on the subject property per the GIS maps. The request is for the 2.08-acre portions of 1100, 1200 & portions of 1300, and an approximately 1.37- acrearea of 375 East Nevada Street that is on the north side of the GIS drawn line to be included into the City of Ashland Urban Growth Boundary as drawn upon the 1989 official maps. Property Descriptions: The properties proposed for proposal consists of four properties, tax lots #1000, 1100, 1200, and 1300. The properties are on the north side of East Nevada Street west of the intersection of East Nevada Street, and an unimproved, remnant portion of the North Mountain Avenue right-of-way. The subject properties are Comprehensive Plan designated as Single-Family Residential Reserve. Tax lots 1100, 1200, and 1300 have been rezoned to North Mountain Multi-Family Residential. Tax lot 1000 is a city of Ashland RR-.5 and Jackson County RR-5 zoning. The properties are all within the Performance Standards Overlay. North of the Urban Growth Boundary (UGB) and the City limits boundaries, the properties are Jackson County Rural Residential, Five Acre Minimum (RR-5). Tax lot #1200 is occupied by a 1,785-square foot single-story, single-family residence that was constructed in 1954. There is a detached garage on the county side of the property. Another outbuilding exists behind the residence. Tax lots #1100 and 1300 are vacant. The properties to the east and west are also split by UGB and split zoned by Ashland RR-.5 and Jackson County RR-5. The property to the east is too small and constrained to be considered. Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 3 of 12 Received 3.15.2021 The property to the west at 375 East Nevada (39S 1E is included in the proposalat the recommendation of the City of Ashland. This property is occupied by a single-family residence and associated outbuildings. The property to the north at 1059 North Mountain Avenue (39S 1E 04A; 201) is zoned Jackson County RR-5. This lot is occupied by a vacant mobile home. This lot is zoned Rural Residential, five-acre minimum, and is more than five acres in area. The property at 1260 Oak Street (39S 1E 04A; 300) is to the north of 375 East Nevada Street. This property is zoned Exclusive Farm Use and is 21.97 acres. Across the North Mountain Avenue overpass to the southeast, the properties are zoned Healthcare (HC). These properties are part of the Skylark Assisted Living Facility and Mountain Meadows Retirement community. The properties to the south, across East Nevada Street, are within the North Mountain Neighborhood Plan Overlay. There are North Mountain Single Family (NM-R-1-5); North Mountain Commercial (NM-C); and North Mountain Multi-Family (NM-MF) zones within the North Mountain Neighborhood Plan Overlay. The four parcels included in the request are bound by East Nevada Street along the south property lines. According to the street classification in the Transportation System Plan (TSP), East Nevada Street is an Avenue or Major Collector. East Nevada would be considered a two-lane avenue. Avenues have a right- of-way width of between 59 – 86 feet. There is generally, 60-feet of ROW along the frontage of the properties. In the area of steep, rocky slopes between the subject property and the driving surface of East Nevada Street, there is more than 120-feet of ROW. East Nevada Street is not improved to Avenue Standards. Due to the topographical constraints within the ROW, East Nevada Street is narrow, constrained by the development to the south, and by the rock outcropping on the north side. East Nevada has a varying width of improvements. Along the frontage of the properties, East Nevada Street is improved with pavement, curb, and gutter. There is a 22-foot paved travel lane, curb, and gutter. On the south side of East Nevada Street, there are various street improvements within the varying width ROW. Across from 475 East Nevada, there is curb and gutter, no sidewalk. This property is “under-developed”, and street improvements will be required with future site development. West of the intersection of Camelot Drive and East Nevada Street, the street improvements include 22- feet of driving surface, with curb, gutter, varying width park row, and sidewalk. These improvements continue down the hill to the intersection of Camelot and Kestrel Parkway. None of East Nevada Street has dedicated bicycle lanes. The right-of-way that forms the east boundary of the property is North Mountain Avenue because it falls within a remnant of the North Mountain Avenue right-of-way, but the actual surface street North Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 4 of 12 Received 3.15.2021 Mountain is above the property and transitions from surface street to bridge over the Interstate. The “street” is not improved more than the narrow gravel driveway that serves the five-acre parcel to the north of the subject properties. This new street is approved to be named Franklin Street. Details of the Request: The request is to acknowledge the adopted 1989 Urban Growth Boundary Map and that the north side of the pen stroke (the north property lines of the properties at 375 E Nevada Street and 475 E Nevada Street) is the location of the UGB. Discussions regarding the property boundaries of the Katherine Mae subdivision began in earnest with Jackson County and the City of Ashland in early 2016. At the time of the Subdivision application to the City, Jackson County had indicated that the Urban Growth Boundary Line was a defacto property line due to jurisdictional overlap. The County found they could not approve a partition of the “non-conforming” parcels that are north of the presently mapped GIS database for a few reasons. 1) All of the subject parcels that are divided by the GIS version of the UGB are zonedJackson County Rural Residential (RR-5) lots. Torevise thelegal description of the properties north of the UGB, a partition application in Jackson County is required. The resulting lot areas of the separate parcels to the north of the UGB are substantially less than the minimum lot size in the RR-5 zone. 2) Rural Residential lands that are outside of the UGB and are less than the minimum lot area of two acres, requires a Goal 14 Exception. The property is unique from what appears to be assumed with Goal 14 review, that future division of existing parcels to create lots that are less than the minimum lot area cannot be approved. This property consists of three, discreet parcels that exist with the UGB creating the boundary division. Allowing the land to be urbanizeable to the standards of the City of Ashland prevents the application of Goal 14 to the rural residential land. Oregon Administrative Rules: 660-004-0040 Application of Goal 14 to Rural Residential Areas (1) The purpose of this rule is to specify how Goal 14 “Urbanization” applies to rural lands in acknowledged exception areas planned for residential uses. (2) For purposes of this rule, the definitions in ORS 197.015, the Statewide Planning Goals, and OAR 660-004-0005 shall apply. Also, the following definitions shall apply: (f) “Rural residential areas” means lands that are not within an urban growth boundary, that are planned and zoned primarily for residential uses, and for which Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 5 of 12 Received 3.15.2021 an exception to Goal 3 “Agricultural Lands”, Goal 4 “Forest Lands”, or both has been taken. 5) The rural residential areas described in subsection (2)(f) of this rule are “rural lands”. Division and development of such lands are subject to Goal 14, which prohibits urban use of rural lands. (6) (a) A rural residential zone in effect on October 4, 2000, shall be deemed to comply with Goal 14 if that zone requires any new lot or parcel to have an area of at least two acres, except as required by section (8) of this rule. (b) A rural residential zone does not comply with Goal 14 if that zone allows the creation of any new lots or parcels smaller than two acres. For such a zone, a local government must either amend the zone's minimum lot and parcel size provisions to require a minimum of at least two acres or take an exception to Goal 14. Until a local government amends its land-use regulations to comply with this subsection, any new lot or parcel created in such a zone must have an area of at least two acres. (7) After October 4, 2000, a local government's requirements for the minimum lot or parcel sizes in rural residential areas shall not be amended to allow a smaller minimum for any individual lot or parcel without taking an exception to Goal 14 pursuant to OAR chapter 660, division 14, and applicable requirements of this division. (8)(a) The creation of any new lot or parcel smaller than two acres in a rural residential area shall be considered an urban use. Such a lot or parcel may be created only if an exception to Goal 14 is taken. This subsection shall not be construed to imply that the creation of new lots or parcels two acres or larger always complies with Goal 14. The question of whether the creation of such lots or parcels complies with Goal 14 depends upon compliance with all provisions of this rule. To facilitate orderly development as envisioned in the adopted Comprehensive Plan and to retain consistency with the adopted Comprehensive Plan adopted maps and plans, recognizing the adopted UGB “line” extends to the north property boundary of the parcels in question eliminates the dividing line that created Goal 14 exception land outside of the UGB. The benefits of acknowledging the north property line as the UGB provides many benefits to the City of Ashland. The additional 3.45 acres has the potential base density of 41 dwelling units. The property is Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 6 of 12 Received 3.15.2021 directly adjacent to the city limits and the areahas had various mapping that leads one to believe the boundary is not officially mapped and clarification is sought. This request does not include site design review of any of the future residences on the properties as they would be developed at a later date, following the annexation of the area in question. On the following pages, findings of fact addressing the criteria from the Ashland Municipal Code are provided. For clarity, the criteria are infont and the applicant’s responses are in Times New Roman Calibri font. Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 7 of 12 Received 3.15.2021 Findings of Fact Comprehensive Plan Map Amendment and Zone Change: 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. Applicant’s Finding: According to the 1982-024 Jackson County and Ashland Urban Growth Boundary Agreement, Minor Boundary Line Agreements, are minor adjustments to the UGB that are defined as focusing on individual properties and not having a significant impact beyond the immediate area of the change. In 2004, the Jackson County Land Development Ordinance adopted a process for correcting minor mapping errors. The Jackson County criteria regarding minor amendments are similar to the Ashland Municipal Code requirements and an application for amendment is necessary at the county level following the decision at the City of Ashland. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. Applicant’s Finding: The change implements the public need for the additional land area adjacent to the existing developable land area that allows for diverse housing stock. The requested change is consistent with the State of Oregon Legislative goals and is in line with a recent effort by the Department of Land Conservation and Development pilot program for minor UGB amendments though a state-assisted process, Ashland was not part of the project area but qualified if it had sought the program. The proposal implements Statewide PlanningGoal 14: Urbanization, to provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities.If undersized, substantially smaller than minimum five-acre portions of RR- 5 zoned land remaining, it is an inefficient use of level, buildable, connected land that is best suited for urbanization instead of remnant rural residential lands. The addition of connected, owned in common properties to the Urban Growth Boundary furthers Comprehensive Plan Goal 6.10. Which seeks to ensure a variety of dwelling types and provide housing opportunities for the total cross-section ofAshland’s population, consistent with Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 8 of 12 Received 3.15.2021 preserving the character and appearance of the city. The development standards of the North Mountain Overlay (anticipated with future rezoning and development of these portions of the properties) ensure the character and appearance of the city are maintained. The North Mountain Overlay allows for single-family attached and detached, clustered, and multi-family style development patterns. This is consistent with the character and appearance of the city. The proposal is consistent with Comprehensive Plan Policy 6.11 as it relates to growth form, City policy should encourage the development of vacant available lots within the urban area while providing sufficient new land to avoid an undue increase in land prices. This shall be accomplished with specific annexation policies.Allowing portions of existing parcels that are in the same immediate vicinity, served by the same public streets, adjacent to the same freeway, restricted to the same solar orientation standards, lot coverage, stormwater drainage, parking, open space requirements, heights, orientation, scale, etc. as the properties to the east as part of the Mountain Meadows development including Skylark Place, and the other developments within the North Mountain Neighborhood to the south, and southwest is an inefficient use of land that allows for additional housing area to meet Ashland’s housing needs. The proposal furthers the Energy, Air, and Water Conservation goals and policies of the Comprehensive Plan Goals, Chapter 11. The proposal adds land that is physically connected to the city limits. The land has access to city electricity, sanitary sewer, stormwater drainage, and water. The site has excellent solar orientation and solar electric generating systems would be possible. 1059 N Mountain Avenue (39 1E 04; 200) though outside of the city limits and UGB has city water service. The city shall strive, in every appropriate way, to reduce energy consumption within the community. The Council's goals include leveraging the city resources to provide additional lands for housing development. Allowing for a small area of land to be included within the UGB to allow for future urbanization demonstrates the city's efforts to increase the developable area to increase housing stock. The proposal furthers the goals outlined in Chapter 12, Urbanization which seeks to maintain a compact urban form and include an adequate supply of vacant land to not hinder natural market forces and ensure orderly and sequential development of the land in the city limits. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. Applicant’s Finding: The state regulations imposing Goal 14 exceptions when a parcel area of Rural Residential land is smaller than the minimum lot area was adopted in 2000. The city limits were adopted pre-1900. The urban growth boundary was adopted in the early 1980s, the North Mountain Neighborhood Plan was adopted in 1997. The subject properties were Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 9 of 12 Received 3.15.2021 part of the large area of underdeveloped land on the north side of Bear Creek, accessedonly by a gravel-surfaced, North Mountain Avenue. Between 1997 and today, major public and private expenditures were made to bring paved streets, sewer, and water to this area. The current property owners understand the great value in working with the City and providing additional developable land consistent with the adjacent property zones and development patterns allowing for furthering the Comprehensive Plan concerning urbanization. The various Comprehensive Plan Maps lead one to speculate that there is a discrepancy between the paper maps adopted in the 1970s and 1980s and the 2000s changes to the state laws regarding Goal 14 exceptions for RR-5 zoned land that is smaller than minimum lot areas, is a substantial change that necessitates the requested modified Urban Growth Boundary to create remnant parcels that cannot be developed or are area deficient and requires an exception to state regulations of rural residential lands. 3. Circumstances relating to the general public welfare exist that require such an action. Applicant’s Finding: N/A 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. Applicant’s Finding: The area of the 475 E Nevada Street parcels is 2.08 acres. Of this, approximately 11,300 square feet (.259 acres) of tax lot 1200 has slopes of 35 percent or greater. The remaining 1.82 acres has a base density of 21.85 dwelling units. When these properties are annexed, five (21.85 X .25 = 5.46) affordable housing units would be provided when the portion of the property in question is annexed and developed. The area of 375 E Nevada Street that is north of the city limits line is 2.34 acres. Of these 2.34 acres, 5,200 square feet is the floodway of Bear Creek and 25,860 square feet is FEMA's 100-year, special flood hazard area. The area of the property outside of the floodplain and floodway is 1.63 acres and the base density is 19.66. When this property is annexed, four (1.63 X .25 = 4.91) affordable housing units would be provided when the portion of the property in question is annexed and developed. Adequate numbers of affordable housing units that comply with the standards of subsection ALUO 18.5.8.050.G. will be provided when the subject properties are annexed into the city. Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 10 of 12 Received 3.15.2021 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards outlined in subsection 18.5.8.050.G. Applicant’s Finding: N/A 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliancewith affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. Applicant’s Finding: The total number of affordable housing units varies depending upon the future uses and the level of AMI restriction. The future development of the subject properties will demonstrate compliance at the time with the required number of affordable housing units as required per ALUO 18.5.9.202.A. The property owner and the applicant find that to facilitate orderly development as envisioned in the adopted Comprehensive Plan and to retain consistency with the adopted Comprehensive Plan adopted maps and plans, recognizing the adopted UGB “line” extends to the north property boundary of the parcels in question eliminates the dividing linethat created Goal 14 exception land outside of the UGB. The benefits of acknowledging the north property line as the UGB provides many benefits to the City of Ashland. The additional 3.45 acres has the potential base density of 41 dwelling units. The property is directly adjacent to the city limits and the area has had various mapping that leads one to believe the boundary is not officially mapped and clarification is sought. This request does not include site design review of any of the future residences on the properties as they would be developed at a later date, following the annexation of the area in question. Respectfully submitted, Amy Gunter Attachments: Snip of Ashland Acres SubdivisionPlat Map (1923) Draft UGB map (1” = 4000’ dated 2/22/1979) Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 11 of 12 Received 3.15.2021 Draft UGB map (1” = 2000’ dated 2/22/1979) Adopted UGB map (dated 11/2/1982) UGB Map from 1989 UGB Agreement (dated 7/1989) Official Map of City of Ashland (dated 2004) Jackson County Development Services map of the property (dated 12/14/2018 and 1/23/2019) Jackson County Pre-application Conference Summary Letter from Attorney Brett Hall (dated June 7, 2020) Findings of Fact March 5, 2021 Request for Modification of Comprehensive Plan Map Page 12 of 12 Received 3.15.2021 Received 3.15.2021 Received 3.15.2021 Bqqspyjnbufmpdbujpopg tvckfduqspqfsuz)2:8:* Received 3.15.2021 Received 3.15.2021 MpdbujpopgTvckfduQspqfsuz/ Pvutjeffehf)opsuitjef*pg mjoftipxojtmpdbujpopgopsui qspqfsuzmjof/)2:9:* Received 3.15.2021 Received 3.15.2021 Received 3.15.2021 Received 3.15.2021 Development Services Charles Bennett Planner III 10 South Oakdale Avenue, Room 100 Medford, OR 97501-2902 Phone: (541)774-6115 Fax: (541)774-6791 bennetch@jacksoncounty.org Pre-Application Conference Summary Report File: 439-18-00012-PRE(PA-NON) \[This is nota Land Use Decision and is for Informational Purposes Only.\] 1) GENERAL INFORMATION: LegalDescription : Township 39, Range 1E, Section 04A, Tax Lot1100&1200 & 1300 Location: The property is located at 475 East NevadaStreet. Property Owner: Young Family Trust Meeting Time: A meeting was held on Friday,December 21, 2018, at 2:00 PM. Agent: Amy Gunter, Rogue Planning & Development Services LLC Staff: Charles Bennett & Craig Anderson Proposal: The property owner wants clarification on location of the Urban Growth Boundary. Acreage: 2.08 acres Zoning: The property ispartially within the City of Ashland and partially in the County zoned Rural Residential-5 (RR-5). 2) DISCUSSION: Staff and the applicants discussed the location of the Urban Growth Boundary based on review of current mapping (GIS) and historic maps. GIS maps are not official maps. The official map is dated 1989 and is of such a scale that the pen stroke is larger than the specific location of the UGB on the subject property. Most of the historic maps indicate that the UGB is a straight line that corresponds with Ashland City limits. The UGB also appears to be consistently approximately 1320’ from the Section line to the northin this area. A previous version of the GIS mapping had the UGB following the subject taxlotsjust north of the Ashland City limits which appears to be the least consistent with official historic maps. GIS mapping currently indicates the UGB to be a straight line along the city limits. Jackson County File #439-18-00012-PREPage 1 Received 3.15.2021 3) REQUIRED APPLICATIONS: The Ashland/Jackson County Urban Growth Boundary Agreement and the 2004 Land Development Ordinance (LDO) provide for the process to correct minor mapping errors. The applicants first need to obtain Ashland City Council acknowledgement of the error and then file for a Type IV Zone Map Amendment ($7,078)addressing the map error procedureand criteria whichthen would go to the Board of Commissioners for final review(skipping the Planning Commission per procedure). The applicants couldalsoapply for a Type II or Type III partition along the UGB line(Section 10.2.3). The applicants may also apply for a Type IV application for a Goal 14 Exception to expand the UGB to includethe entire subject tax lots, but approval appears extremely unlikely. 4)CONCLUSION / DISCLAIMER: Notice: There was no public notification of this PRE-APPLICATION proposal (This is not an application. It is a pre-application.) Information: This report is for informational purposes onlyand represents the Planning Departments best understanding of the applicant’s request at this time. No guarantees have been given in this pre- application as to whether or not the application will be approved or denied. The burden of proof rests solely with the applicant to provide the necessary information to approve such a request based upon the applicable standards and criteria of the County Land Development Ordinance. If you have any questions feel free to give me a call at 774-6115. Sincerely, Charles Bennett Planner III Date: 1/25/19 Attachments: Copies of Maps, UGBA, Section 5.1.4 of LDO Jackson County File #439-18-00012-PREPage 2 Received 3.15.2021 June 7, 2020 Planning Division, City of Ashland 20 East Main Street 51 Winburn Way Ashland, OR 97520 Dear City of Ashland: I represent the Young Family Trust. The Young Family Trust owns Tax Lots 1100, 1200 & 1300 in Township 39 Range 1E, Section 04A; the street address is 475 East Nevada Street. There is currently an approved Planning Action 2017-02129 in place for development of this property into a 20 lot, 23-unit subdivision, with associated proposed Comprehensive Plan designation changes. The planned development is consistent with the goals of the City of Ashland and Oregon land use law, and will benefit the City of Ashland. It will provide additional housing for the City’s residents, and will include low income housing. The purpose of this letter is to request a formal interpretation pursuant to Ashland Municipal Code § 18.1.5.020 et seq., of the Urban Growth Boundary (UGB) line along these three tax lots. There is currently a question as to the location of the UGB along the north side of these three tax lots. The City has previously taken the position that the UGB follows the City limits boundary, which is approximately 100 feet south of the northern most property line of each lot. This position appears to be based on a visual interpretation of a thick marker line on the latest Comprehensive Plan map, and a GIS map adopted by City Council. It is our understanding that this position is also inconsistent with previous maps and agreements as jointly adopted and agreed to by Jackson County and the City, such as the Ashland/Jackson County Urban Growth Boundary Agreement dated May 20, 1982. See Attachment 1, Ashland/Jackson County Urban Growth Boundary Agreement. See also, Attachment 2, Excerpt from 1982 Comprehensive Plan; Chapter 12: Urbanization (Comprehensive Plan Map Pg. 9), adopted November 2, 1982, ORD 2227. It is also inconsistent with the Jackson County Planning Office’s interpretation in December 2018. See Attachment 3, Pre-application Conference Request, Katherine Mae Subdivision at p. 2. See also Attachment 4, 1982 map received from Jackson County. And finally, maps based on GIS mapping and not physical surveys, such as the one adopted by the City of Ashland, are necessarily imprecise by virtue of the imprecise method in which they are created, as opposed to maps from actual surveys which can and did serve as the legal basis of the 1982 agreement between Jackson County and Ashland.For these reasons the exact location of the UGB with respect to these properties is unclear. In addition, the City’s position would result in that land being subject to County jurisdiction, and we understand a Goal 14 Exception is not feasible. (ORS-660-004-040 Application of Goal 14 to Rural Residential Areas). If, on the other hand, that land is within the UGB then the property could be annexed, brought into the development and provide additional housing for the City of Ashland and its citizens. 1 Received 3.15.2021 Accordingly, pursuant to Ashland Municipal Code § 18.1.5.020 et seq., we request a formal interpretation of the exact location of the City of Ashland Urban Growth Boundary \[Comprehensive Plan, Chapter 12; Urbanization: Adopted November 2, 1982. ORD 2227\] along Tax Lots 1100, 1200 & 1300 in Township 39 Range 1E, Section 04A, and to determine whether the adopted line from the aforementioned map has a width of along the adopted city limits boundary, which would be the south edge of mapped line, or along the north property line boundary of the subject property, which would be the north edge of mapped line. Again, we believe the map from with the 1982 boundary agreement with the County is the accurate map and is not based on GIS interpretation which is generally not a precise form of map. Please contact me if you have any questions. In the meantime, we look forward to the City’s formal interpretation. Best regards, Brent H. Hall Attachments: Attachment 1: Ashland/Jackson County Urban Growth Boundary Agreement. Attachment 2: 1982 Comprehensive Plan Chapter 12: Urbanization (Comprehensive Plan Map p. 9). Adopted November 2, 1982. ORD 2227 Attachment 3: Pre-Application Conference Request, Katherine Mae Subdivision Attachment 4: 1982 Map received from Jackson County cc: Oregon Department of Land Conservation and Development Amy Gunter, Rogue Planning and Development Services Client 2 Received 3.15.2021