HomeMy WebLinkAbout2021-12-14 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
DRAFT MINUTES
November 23, 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
Haywood Norton Maria Harris, Planning Manager
Roger Pearce Brandon Goldman, Senior Planner
Lisa Verner Derek Severson, Senior Planner
Kerry KenCairn April Lucas, Development Services Coordinator
Michael Sullivan, Administrative Assistant
Absent Members: Council Liaison:
Lynn Thompson Paula Hyatt
II. ANNOUNCEMENTS
Community Development Director Bill Molnar made the following announcements:
At the January 7, 2021 City Council meeting a public hearing will be held to discuss the Annexation Code
Amendments and the Planning Commission Annual Update will be provided to the Council.
The agenda for the December 14, 2021 Planning Commission meeting includes: adoption of the AT&T
findings; a request to vacate a section of street right-of-way on Otis St.; a public hearing for 233 Granite;
and a public hearing on legislative amendments to increase housing in E-1 and C-1 zoned land.
A pre-application conference with the potential buyers of the Croman Mill site was held to discuss potential
modifications to the Croman Mill Area Plan. A second conference is anticipated. Any changes to the Area
Plan would require a legislative amendment with a recommendation for approval by the Planning
Commission and the final decision made by the City Council.
III. PUBLIC FORUM
- None
IV. DISCUSSION ITEMS
A. Code Amendments for Housing in Employment Zones.
Planning Manager Maria Harris provided a recap of the last meeting. She shared that the Commission discussed
maximum Floor Area Ratios (FARs) and how that impacted sites that might do underground parking, as well as
potentially allowing new buildings to be 100% residential on the ground floor within C-1 and E-1 zones except in the
Downtown Designs Standard Overlay. Ms. Harris outlined that after further examination of Statewide Planning Goal
9, which requires cities to provide an adequate land supply for economic and employment growth, as well as
consulting with the Department of Land Conservation and Development (DLCD), it was concluded that allowing
100% residential on the ground floor constituted a significant change and could not be made without first making
taff has put forward three options for the
1) move forward with the current draft ordinance which allows for 65% residential
housing on the ground (an increase from the current 35% maximum), 2) consider 100% residential on the ground
floor and update the EOA as part of the upcoming Housing Production Strategy, or 3) consider recommending both
approaches by making moderate changes now and looking at the more substantial changes in the future. Ms. Harris
provided a brief presentation outlining the language currently included in draft ordinance (see Attachment #1).
Ashland Planning Commission
November 23, 2021
Page 1 of 3
Commissioner Verner asked whether it would be feasible to reduce the amount of E-1 and C-1 zoned land and
rezone it to Residential, but Ms. Harris stated this would still constitute a significant change and thus require an
update to the EOA. Chair Norton expressed his opinion that such a change would go beyond the direction given to
the Commission by the City Council and should instead be considered as part of the Housing Production Strategy.
Commissioner Pearce concurred and expressed concern that if 100% Residential was allowed in E-1 and C-1 zones
they may never revert to commercial use.
Senior Planner Brandon Goldman provided a presentation addressing alternative Floor Area Ratios for multi-story
buildings, including illustrations on what that might look like. He also provided the FARs of existing businesses within
Ashland as examples (see Attachment #2). In order to preserve opportunities for underground parking and
encourage full development of properties, Mr. Goldman explained the Commission could consider increasing the
maximum FAR from what was presented in the draft ordinance, or alternatively eliminate the maximum FAR in
recognition that the other existing standards effectively restrict the maximum size of buildings.
14, 2021 should the Commission indicate they want to move forward with the current version of the draft ordinance.
Commissioner KenCairn inquired if removing the FAR from buildings that provide underground parking was viable, to
which Mr. Goldman replied that true underground parking would not be included in the buildings FAR calculation.
Commissioner Pearce pointed out that because of the high cost of underground parking that Ashland would be
unlikely to see any such development for quite some time, and that one solution could be to remove the limitation on
the number of dwellings allowed within a building as well as the maximum FAR. He also mentioned that other cities
he has reviewed have exemptions from FAR requirements, such as for mechanical equipment and bicycle parking.
Upon a request for clarification from Chair Norton, Ms. Harris explained the Commission could consider eliminating
the maximum FAR that was presented in the draft code because the existing height restrictions and lot coverage
limitations dictate the size of building that can be achieved in the C-1 and E-1 zones. Commissioner Pearce and
Commissioner Verner both agreed that removing the maximum FAR and leaving the potential for future underground
parking was the best course of action.
Public Testimony:
Amy Gunter/Rogue Planning & Development/
Ms. Gunter stated now is the time to make changes to the housing
and employment zones that will have a meaningful, substantive impact on the present restrictions, and shared her
suggested modifications. (See Attachment #3).
Chair Norton thanked Ms. Gunter for her testimony and voiced his support for these changes to be considered as
part of the Housing Production Strategy. Commissioner Pearce agreed with Ms. Gunter that significant changes
should be considered to the parking restrictions to free up more area for development. He added her
recommendations are very relevant and should be considered as part of the Housing Production Strategy.
Commissioner Verner questioned whether new buildings that were allowed to be 65% residential on the ground floor
would be built to a commercial standard for potential commercial use in the future. Ms. Harris responded that this is
not currently included in the draft ordinance and while the Commission could consider a requirement for the ground
floor to be built commercial ready; such a requirement would be more restrictive than what is currently required and
may go beyond the original scope of this project. Commissioner Norton voiced support for allowing the property
owner to decide whether to make it commercial ready and to not include this as a requirement. Commissioner
KenCairn concurred and stated she does not support doing anything that makes it more restrictive.
Ashland Planning Commission
November 23, 2021
Page 2 of 3
Ms. Goldman provided additional information on the upcoming Housing Production Strategy. He explained it is a one-
year process and at the conclusion they will have a document that is ready for public hearings. The Planning
Commission and the City Council will both hold hearings for adoption. During the course of that year, an ad hoc
advisory group will be convened and staff will come back to the Commission for a couple volunteers. He added a
public outreach plan will also be developed and is likely to include open houses and virtual opportunities for public
participation.
V. ADJOURNMENT
Meeting adjourned at 8:07 p.m.
Submitted by,
Michael Sullivan, Administrative Assistant
Ashland Planning Commission
November 23, 2021
Page 3 of 3
One Change Proposed
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Other Amendments
Next Steps
Floor Area Ratio = Floor Area /Lot Area
.
40Ȥ maximum height in E-1
40Ȥ maximum height in E-1
55Ȥ in C-1 with CUP
85% Lot Coverage allowed in E-1 and C-1
15% 85% Building footprint
and
impervious surfaces
(parking, sidewalks)
Floor Area Ratio =
Floor 1 + Floor 2 + Floor 3
Lot area
15,000 square foot lot
3-story
85% coverage
Underground or offsite parking
Ground Floor = 12,750 sq.ft.
Second Story = 12,750 sq.ft.
Third Story = 4,500 sq.ft.
(12,750 + 12,750 + 4,500)
= 2.0 FAR
15,000
Floor Area Ratio =
Floor 1 + Floor 2 + Floor 3
Lot area
15,000 square foot lot
3-story
85% coverage
Underground or offsite parking
Each story is 12,750 sq.ft.
= 2.55 FAR
12,750 + 12,750 + 12,750)
(
15,000
Floor Area Ratio =
Floor 1 + Floor 2 + Floor 3 + Floor 4
Lot area
15,000 square foot lot
4-story
85% coverage
Each story is 12,750 sq.ft
.
(12,750 + 12,750 + 12,750 + 6,750*)
15,000
= 3.0 FAR
* Fourth Floor reduced due to Maximum Building
size of 45,000 square feet in the Detail Site Review
Overlay.
Good evening planning commissioners,
I would like to add to the discussion on changes to the housing and employment zones codes.
Now is the opportunity for the city to make a meaningful, substantive impact on the present restrictions
regarding provision of housing in the commercial and employment zones and parking requirements.
This discussion shouldn't be relegated to the existing residential overlay. This discussion should be
regarding all commercial and employment zone lands. There are areas that do not have residential
overlay but directly abut residential lands. The industrial zone does not allow for residential use. I would
wager a bet that there are a number of ‘residences’ in the Employment zone.
Additionally, the existing uses of a site shouldn't determine that residential isn't allowed for example
properties that have a conditional use permit such as a hotel cannot be converted to the 65/35 ratio as
the code prevents residential development when the commercial property is occupied by a conditional
use. The irony of this is that hotels have similar if not more fire life safety protections for their guests as
an apartment complex requires. Additionally, generally the parking for a hotel is similar to the parking
for a studio or small one bedroom so the physical changes to the property to accommodate the change
of use are limited.
The code appears to eliminate the allowance for multiple buildings that would allow for a building that
was entirely residential in conjunction with a commercial development. This should be allowed so that
there can be stand-alone apartments. Possibly require the commercial building to be fronting upon the
street like the projects we are doing in Talent on North Pacific Highway.
I suggest that it be considered that commercial property is allowed to develop at 100% residential when
developed to the high-density multi-family residential standards. Medford has had successful residential
development adjacent to large scale commercial developments in their commercial zones and the
numbers of pedestrians and foot traffic to the businesses is increased due to the increase in housing on
directly adjacent properties. For all intents and purposes, multi-family residential functions like and has
similar traffic impacts as many permitted commercial uses. The traffic impacts are similar except that
there is the ability to functionally reduce trips because people can walk to the nearby businesses. You’ll
find projects like this on West Main/Ross in Medford.
Parking:
The parking is not part of the discussion this evening I would like to comment that in all of the Rogue
Valley jurisdictions where I have done planning and development projects Ashland has the highest
parking requirements. This includes not only the number of parking spaces, the sizes of the parking
spaces, the required buffering for said parking, most communities allow for stacking of residential
parking. So in the event that a garage has a 20 foot front yard setback that garage space provides one
parking space and the space behind that provides a second this way acknowledging that is how much of
the historic area, the area around Harmony Lane, Ross Lane, Linda Ave., Ray lane, Parker St, Garfield St,
you get my drift, there's a lot of single width driveways around town that only count as one parking
space regardless of the how many vehicles can stack in the same driveway.
In conclusion,
Nobody wants to build vacant commercial structures but there is a lot of interest in building, expanding
residential structures. I did suggest that my clients that own commercial and employment zoned
property participate in this discussion because there are many that feel stuck. The folks on A Street and
Hersey Street in the houses that are nearly impossible to convert to commercial are stuck in non-
conforming developments.
I thank you for looking into making changes. I suggest you look deeper and consider broader, more
impactful changes some of the suggestions include.
Allow for 100 percent residential in the C-1 zones when developed to high density, multi-family
residential standards.
Retain the mix in the employment zones
Retain the mixed-use component that allows for 50 percent of the site area (or some other
number) to be residential in conjunction with commercial development when in separate
structures.
Allow for residential use when there is a conditional use on the property and do not restrict to
permitted or special permitted uses.
Allow for single story, mixed use construction of buildings
Consider taller buildings (3 and 4 story buildings in the E-1)
Revise the Economic Opportunity Analysis due to substantial changes to Ashland’s economy that
may not have been captured in 2007. This would provide avenue to allow more E-1 with R
overlay in the areas that I note above.
By all means reduce the parking requirements.
Thank you for your time.
FINDINGS
_________________________________
BEFORE THE PLANNING COMMISSION
December 14, 2021
)
IN THE MATTER OF PLANNING ACTION #PA-T1-2021-00159, AREQUEST
)
FOR AN INTERPRETATION OF THE LAND USE CODE THAT REGULATES
)
THE AMOUNT OF A DRIVEWAY THAT CAN EXCEED 15 PERCENT GRADE.
)
SPECIFICALLY, THE APPLICATION REQUESTS AN INTERPRETATION OF
)
ASHLAND MUNICIPAL CODE 18.5.3.060.F.THE REQUEST IS TO HAVE THE
)FINDINGS,
PLANNING COMMISSION DETERMINEIF THE CODE IS MEANT TO
)CONCLUSIONS
ALLOWA TOTAL OF 200 FEETOF DRIVEWAY LENGTH TO EXCEED THE
)& ORDERS
MAXIMUM SLOPE THROUGH AN APPLICATION FOR A VARIANCE, OR IN
)
THE ALTERNATIVE, IF MULTIPLE SECTIONS EACH NO LONGER THAN
)
200 FEET IN LENGTH, BUTHAVING A COMBINED LENGTH IN EXCESS OF
)
200-FEET, MAY EXCEED THE MAXIMUM SLOPE THROUGH AN
)
APPLICATION FOR A VARIANCE.
APPLICANT:)
ROGUEPLANNING&DEVELOPMENTSERVICES,LLC
OWNER: )
KATHERINE AND JOSEPH CLARKE
RECITALS:
1)The application is request for an interpretation of the land use code that regulates the amount of a
driveway that can exceed a grade of 15 percent. Specifically, the application requests an interpretation of
the meaning ofAshland Municipal Code 18.5.3.060.F which reads as follows:
18.5.3.060
F.Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may
be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for
not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in
chapter 18.5.5 Variances.
AMC 18.1.020 and
2)The criteria for an interpretation of the Land Use Ordinance are described in
18.1.5.030
as follows:
18.1.020 Interpretations Authorized
Where the intent of this ordinance, the status of a use, or the meaning of a word or phrase is
unclear, the Staff Advisor may interpret the ordinance in writing through a Ministerial or Type I
procedure, as applicable, pursuant to section 18.5.1.040 or 18.5.1.050. Alternatively, the Staff
Advisor may refer the question to the Planning Commission for its written interpretation through
a Type II procedure, pursuant to section18.5.1.060. Neither the Staff Advisor's interpretation
nor the Commission's interpretation shall have the effect of amendingthis ordinance.
18.1.5.030 Interpretation Criteria
PA-T1-2021-00159
December 14, 2021
Page 1
Any interpretation made through the foregoing procedures shall be based on the following
criteria:
A.The interpretation is consistent with applicability policies of the Comprehensive Plan.
B.The interpretation is consistent with the purpose and intent of the ordinance provision that
applies to the particular ordinance section, or sections, in question.
C.The interpretation is consistent with the opinion of the City Attorney.
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS& CONCLUSIONS
2.1The Planning Commission finds that it has received all information necessary to evaluate the request
for an interpretationbased on the staff report, City Attorney Opinion, public hearing testimony and the
exhibits received.
2.2The Planning Comm
reasonably interpreted in multiple ways when considered in the abstract.In an actualpermitting decision
for a variance request to maximum flag drive grade, the language in 18.5.3060.Fwould be considered
along with the criteria for variance approval in chapter 18.5.5 (Variances), which will give more context
to any particular permit decision.
2.3The Planning Commission concludessection 18.5.3.060.F of the Ashland Land UseOrdinance
would need to be modified through a legislative processin ordertoamend andclarify thephase
in a manner that could be universally applied to future developments subject to the
provision.
SECTION 3. DECISION
3.1Based on the record of the Public Hearing on this matter, the Planning Commission concludes
that the variance to the driveway grade standard within 18.5.3.060.F as written can be reasonably
interpreted in multiple ways consistent with the common meaning ofthe words or phrases at issue. The
Planning Commissiondeclines to provide a singular interpretation that would be applicable to all
situations.
Planning Commission ApprovalDate
PA-T1-2021-00159
December 14, 2021
Page 2
FINDINGS
_________________________________
PA-T-2021-00
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BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
December21, 2021
In the matter ofPlanning Action PA-L-2021-00012)
which includes amendments to the Ashland Municipal)
Code (AMC) Title 18 Land Useto the exception to the)FINDINGS OF FACT AND
street design standards in Chapter 18.4.6 Public Facilities,)CONCLUSIONS OF LAW
to the annexation standards in Chapter 18.5.8)
Annexations, and to the definitions in Chapter in 18.6.1 )
Definitions.)
PURPOSE:
The proposal includes a series of amendments to AMC Title 18 Land Use to the
annexation standards in Chapter 18.5.8 Annexations, as well as related amendments to
the exception to the street design standards in Chapter 18.4.6 Public Facilitiesand to the
definitions inChapter 18.6.1 Definitions.The amendments are intended to: 1) address the
issues raised before the Land Use Board of Appeals (LUBA) in the appeal of the city's
annexation approval that included two parcels totaling 16.87 acres located at 1511
Highway 99N(Applicant: Kendrick Enterprise LLC and Casita Developments, PA-T3-
2019-0000); 2) provide clear standards for annexing land into the city limits for the
development ofhousing; and 3) to provide clarity and responsiveness in Ashland’s
development process.
PUBLIC HEARINGS:
Notice was published in The Medford Mail TribuneonOctober 29,2021priorto the
PlanningCommission public hearing,and onNovember 26, 2021prior to the City
Council public hearing. A public hearing washeld at the Planning Commission on
November 9, 2021 and at the City Council on December 7, 2021. Notice was also sent to
the Department of Land Conservation and Development on October 5, 2021.
SUMMARY OF AMENDMENTS
The amendments to annexation standardsare focused in three areas –providing a process
for the approval authority to consider requests for relief from the annexation standards
(e.g., exceptions and variances), creating consistency in terminology (e.g., site, parcel,
lot), and providing clear,measurable standards for connections to and improvements of
public utilities and the transportation system.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A.Consistency with City of Ashland approval criteria for legislative amendments,
AMC 18.5.9.020.B
Findings of Fact and Conclusions of LawPage 1
B.Consistency with City of Ashland Comprehensive Planand Other City Policies
C.Consistency with OregonStatewide Planning Goals
D.Consistency with OAR Chapter 660 Division 14 Application of the Statewide
PlanningGoals to Newly Incorporated Cities, Annexation, and Urban
DevelopmentonRuralLands, and ORS 222 Boundary Changes; Mergers;
Consolidations; and Withdrawals
EVALUATION AND COUNCIL FINDINGS:
A.
Consistency with City of Ashland approval criteria for legislative amendments and
zoning mapamendments,AMC 18.5.9.020.B
18.5.9.020Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B.Type III.It may be necessary from time to time to make legislative amendments in
order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type III procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for
annexation information), and urban growth boundary amendments. The following
planning actions shall be subject to the Type III procedure.
1.Zone changes or amendments to the Zoning Map or other official maps, except
where minor amendments or corrections may be processed through the Type II
procedure pursuant to subsection 18.5.9.020.A, above.
2.Comprehensive Plan changes, including text and map changes or changes to
other official maps.
3.Land Use Ordinance amendments.
4.Urban Growth Boundary amendments.
Ashland Municipal Code (AMC) 18.5.9.020.B permits legislative amendments to meet
changes in circumstances and conditions. The City Council findsit is necessary to amend
the land use code toaddress the issues raised before the Land Use Board of Appeals
(LUBA) in the appeal of the city's annexation approval that included two parcels totaling
16.87 acres located at 1511 Highway 99N (Applicant: Kendrick Enterprise LLC and
Casita Developments, PA-T3-2019-0000), and to provide clear standards for annexing
land into the city limits for the development of housing.
On May 12, 2021, LUBA provided their Final Opinion and Order and reversed the city's
annexation approval that included twoparcels totaling 16.87 acres at 1511 Highway 99N
(Applicant: Kendrick Enterprise LLC and Casita Developments). In reversing the city's
approval, LUBA determined that the city's annexation approval criteria do not allow for
exceptions because AMC 18.5.8.050 requires either full conformance at the time of the
decision or future full conformance through the imposition of conditions. Under the
AMC, exceptions to the street standards apply to proposals for new development or land
divisions, neither of which were proposed as part of the annexation.
Findings of Fact and Conclusions of LawPage 2
The 2021-2041 Housing Capacity Analysis (HCA) found that annexation of land from
the urbanizing area (UGB) into the city limits is necessary to accommodate Ashland’s
population growth over the next 20 years. The HCA recommended the city identify
opportunities to create greater certainty and clarity in the annexation process to ensure
Ashland has an adequate supply of land available and serviced to accommodate future
growth. The HCA is a technical study required by state law and was adopted by the City
Council on August 17, 2021as a technical report and supporting document to the
Ashland Comprehensive Plan.
The 2019 Ashland Housing Strategy Implementation Plan also found that a lack of clarity
in annexation policies can impede the development of needed housing:
Existing \[annexation\] policies were intended to help ensure orderly growth;
however, this is the role of the City’s Urban Growth Boundary (UGB). Creating
obstacles to annexing land within the UGB for housing contributes to higher land
costs and makes it difficult to find land for larger housing developments.
The City Council finds the land use ordinance amendments are necessary to address the
issues raised on appeal before the Oregon Land Use Board of Appeals (LUBA) with the
goal of addressing inconsistent and ambiguous language in AMC Chapter18.5.8
Annexations, and to provide clear standards for annexing land into the city limits for the
development of housing.
B.Consistency with the AshlandComprehensive Planand other City Policies
The Ashland Comprehensive Planaddresses annexation policies in Chapter 12
Urbanization. The stated purpose of this chapter is “to ensure an orderly transition of land
from rural to urban uses.” The chapter details the method used in determining the UGB
and “thepolicies the City will use when considering annexation of land within that urban
growth boundary.”
Ashland Comprehensive PlanGoal 12.09 says “It is the City of Ashland’s goal to
maintain a compact urban form and to include an adequate supply of vacant land in the
City so as not to hinder natural market forces within the City, and to ensure the orderly
and sequential development of land in the City limits.”
The amendments to Chapter 18.5.8 Annexations improve the procedure for review of
annexation applications by allowing the City Council to consider exceptions and
variances to the annexation standards by using the same process and criteria that is in
place for developments located within the city limits. In addition, the amendments clarify
the improvements that are required to the transportation system and public utilities for an
annexation. The extension of the transportation system and public utilities addresses the
goal of orderly development of land that is annexed into the city limits.
The City Council finds and determines that the proposed land use code amendments are
consistent with the Ashland Comprehensive Plan.
Findings of Fact and Conclusions of LawPage 3
C.Consistency with Oregon Statewide Planning Goals
The Ashland Comprehensive Planwas originally adopted by the City Council on
November 2, 1982 and acknowledged by the Land Conservation and Development
Commission on Oct 7, 1983.Numerous updates were completed and acknowledged since
the originally acknowledgedplan including but not limited to: Chapter III Citizens
Participation andInvolvement (2016), Chapter IV Environmental Resources (1991),
Chapter V PopulationProjectionand Growth (1991), ChapterVI Housing Element
(2019), Chapter VII Economy (1991),ChapterVIII Parks, Open Space and Aesthetics
(1991), Chapter X Transportation(1996), Chapter XI Energy, Air, Water, Conservation
(1991), and ChapterXIC Regional Plan Element (2012). Technical reports and
supporting documents were also acknowledged and adoptedas part of the Ashland
Comprehensive Planand include but are not limited to the following:Croman Mill Site
Redevelopment Plan (2008), Normal Neighborhood Plan Framework (2015), Local
Wetland Inventory and Assessment and Riparian Corridor Inventory (2009), Housing
Capacity Analysis, (2021), Buildable Lands Inventory (2019), and Transportation System
Plan Update (2013). The City follows the post-acknowledgement plan amendment
(PAPA) process to update the Plan with new state and regional regulations as necessary
and relies in part upon these prior state review processes to demonstrate compliance with
all necessary requirements.
Annexations of Lands Subject to an Acknowledged
OAR 660-014-0060,
Comprehensive Plan
, says that “A city annexation made in compliance with a
comprehensive plan acknowledged pursuant to ORS 197.251(1) or 197.625 shall be
considered by the commission to have been made in accordance with the goals unless the
acknowledged comprehensive plan and implementing ordinances do not control the
annexation.”The Ashland Comprehensive Planand Title 18 Land Use do control
annexations. The AshlandComprehensivePlanis acknowledged.The amendments to
Chapter 18.5. Annexationsare consistent with the Ashland Comprehensive Planand do
not amend the Ashland Comprehensive Plan.
GOAL 1: CITIZEN INVOLVEMENT
To develop a citizen involvement program that ensures the opportunity for cities to be
involved in all phases of the planning process.
Finding:
The City of Ashland meets this requirement by having the Planning
Commission serve as the Committee on Citizen Involvement, as well as having various
citizencommissions with opportunities for the public to testify on general or specific
matters.
The Planning Commission reviewed the proposed annexation code amendments at three
electronic public meetings onMay 25, 2021,August 24, 2021, and September 28, 2021.
The Planning Commission held an electronicpublic hearing onNovember 9, 2021and
recommended approval of the ordinance.The code amendments were also presented to
the Transportation Commission onOctober 21, 2021.1.Staff updated the City Council on
the project at the November 1, 2021 study session.
Findings of Fact and Conclusions of LawPage 4
Opportunities to provide written and oral testimony were available at all of the
commission meetings.All of the aforementioned meetings were held electronically
because of the City of Ashland emergency declaration for the COVID-19 pandemic that
began on March 15, 2020 and the Governor’s Executive Order 20-16 that suspended all
in-person public meetings.
A project web pageat www.ashland.or.us/annexationcodeupdatewith the draft code
amendments, meeting materials and reference materialswasavailable throughout the
duration of the project and was included in all meeting notices and announcements.This
Goal is met.
GOAL 2: LAND USE PLANNING
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual bases for
such decisions and actions.
Finding:
The proposed land use code amendments revise the approval standards for
annexations to the City of Ashland. The Ashland Comprehensive Plangoals and policies
related to annexations are unchanged. In addition, the planning process is established as a
legislative decision in AMC 18.5.1 General Review Procedures and no amendments to
the planning process for annexations are proposed. ThisGoal is met.
GOAL 3: AGRICULATURAL LANDS
To preserve and maintain agriculturallands.
Finding:
Not applicable becausethe proposal doesnot proposeany land use regulation
changes to agricultural lands outside ofthe AshlandUGB.
GOAL 4: FOREST LANDS
To conserve forest lands by maintaining the forest land base and to protect the state’s
forest economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and
to provide for recreational opportunities and agriculture.
Finding:
Not applicable because the proposal does not propose any land use regulation
changes toforest lands outside of the Ashland UGB.
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN
SPACES
To protect natural resources and conserve scenic and historic areas and open spaces.
Finding:
The City of Ashland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 5. This Goal is met.
Findings of Fact and Conclusions of LawPage 5
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY
To maintain and improve the quality of the air, water and land resources of the state.
Finding:
The City of Ashland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 6. This Goal is met.
GOAL 7: AREAS SUBJECT TO NATURAL HAZARDS
To protect people and property from natural hazards.
Finding:
The City of Ashland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 7. This Goal is met.
GOAL 8: RECREATIONAL NEEDS
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Finding:
The City ofAshland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 8and recreational needs.This Goal is met.
GOAL 9: ECONOMIC DEVELOPMENT
To provide adequate opportunities throughout the state for a variety of economic
activities vital to health, welfare, and prosperity of Oregon’s citizens.
Finding:
The City of Ashland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 9. This Goal is met.
GOAL 10: HOUSING
To provide for the housing needs of citizens of the state.
Finding:
The procedure for annexation of land into a city is governed by ORS 222.120.
The section establishes that after holding a public hearing with proper notice, the decision
on whether to annex contiguous territory into a city is a decision of the legislative body.
As a legislative decision, the legislative body has complete discretion on whether or not
to include a contiguous land area within the city limits.Whether the comprehensive plan
designation of an annexed land area is residential or non-residential, the requirement for
clear and objective clear and objective standards, conditions and procedures regulating
the development of housing, including needed housingin 197.307(4) do not apply to the
legislative decision to annex contiguous land area.
The amendments to the annexation standards in AMC Chapter 18.5.8 Annexations
include a requirement to submit a concurrent application for development of the annexed
Findings of Fact and Conclusions of LawPage 6
area. While an annexation application and development proposal for the annexed land
areawill beprocessed concurrently, any proposals for development will be required to
undergo the applicable quasi-judicial review processestablished in AMC Chapter 18.5.1
General Review Procedures. No changes are proposed to the established review
procedures and approval criteria for housing development in AMC Part 18.5 Application
Review Procedures and Approval Criteria.
The Statewide Planning Programrequires each city to inventory its buildable residential
lands, project future housing needs, and provide the appropriate types and amounts of
land within the UGBnecessary to meet thoseneeds. The Housing Element of the Ashland
Comprehensive Planwas amended and acknowledged in 2019.The City of Ashland has
an acknowledged Housing Capacity Analysis(2021) and Buildable Lands Inventory
(2019) which provide a factual basis for needed housing types and available land supply.
The City has acknowledged zoning standards relating to residential development
including provisions for housing density, setbacks, parking requirements, lot coverage,
types, and development in environmentally ofphysically constrained areas. The
amendments to AMC Chapter 18.5.8 Annexations do not amend existing zoning
standards that apply to housing development.
Furthermore, the amendments to AMC Chapter 18.5.8 Annexations do not decrease or
increase the density of housing, and do not decrease or increase building height of
housingthat can be developed on land that is annexed from within the UGB.
The City of Ashland has an acknowledgedcomprehensive plan that complies with this
goal and the proposed amendments donot modify the existing goals and policies related
to Goal 10, nor do the amendments modify the Ashland Comprehensive Plan
designations for area within the Ashland UGB. In addition, the amendments do not
includeany changes of the acknowledged zoning standards for residential development.
This Goal is met.
GOAL 11: PUBLIC FACILITIES AND SERVICES
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Finding:
Existing water and sewer infrastructure and treatment facilities will not be
affected by the adopt of the amendments to Chapter 18.58 Annexations. The proposed
amendments to the approval standards clarify the improvements required for water, sewer
and storm drainage bordering and within an annexed area. The City of Ashland has
master plans in place for water, wastewater and stormwaterthat address project
population growth in the Ashland city limits and UGB. The Water Master Plan was
completed in 2020 and projects and plans for an adequate water supply for a 20-year
planning period. The Wastewater Master Plan was completed in 2012 and projects and
plans for an adequate water supply for a 20-year planning period. The Stormwater and
Drainage Master Plan was completed in 2020 and projects and plans for an adequate
water supply for a 20-year planning period.This Goal is met.
Findings of Fact and Conclusions of LawPage 7
GOAL 12: TRANSPORTATION
Toprovide and encourage a safe, convenient and economic transportation system.
Finding:
The amendments to Chapter 18.58 Annexations are consistent with the Ashland
Comprehensive Planand adopted and acknowledged Transportation System Plan(2013).
The transportation system is planned to accommodate the population growth of the
community for the 20-year planning period.The proposed amendments to the approval
standards clarify the improvements required for the transportation system bordering and
within an annexed area, as well as safe and accessible bicycle and pedestrian facilities
according to the safety analysisand standards of the governing jurisdictionof the facility
or facilities. This Goal is met.
GOAL 13: ENERGY CONSERVATION
To conserve energy.
Finding:
The City of Ashland has an acknowledged comprehensive plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 5. This Goal is met.
GOAL 14: URBANZIATION
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.
Finding:
The amendments to Chapter 18.5.8 Annexations improve the procedure for
review of annexation applications by allowing the City Council to consider exceptions
and variances to the annexation standards by using the same process and criteria that is in
place for developments located within the city limits. In addition, the amendments clarify
the improvements that are required to the transportation system and public utilities for an
annexation. The extension of the transportation system and public utilities addresses the
goal of orderly developmentof land that is annexed into the city limits. The amendments
to AMC Chapter 18.5.8 Annexations do not decrease or increase the density of housing
that can be developed within the UGB. The amendments facilitate the efficient use of
land with the existing city limits and UGB to meet the projectedpopulationfor Ashland.
This Goal is met.
Statewide Planning Goal 15
: “Willamette River Greenway” The affected areas are not
located within or adjacent to the Willamette River Greenway. Therefore, Goal 15 is not
applicable.
Statewide Planning Goal 16
: ‘Estuarine Resources’ The affected areas are not located
within the or adjacent to a designated estuarine resource. Therefore, Goal 16 is not
applicable.
Statewide Planning Goal 17:
“Coastal Shorelands” There are no coastal shorelands
within the vicinity of Ashland, therefore, Goal 17 is not applicable.
Findings of Fact and Conclusions of LawPage 8
Statewide Planning Goal 18
: “Beaches & Dunes” There are no designated beaches or
dunes within the vicinity of Ashland, therefore, Goal 18 is not applicable.
Statewide Planning Goal 19
: “Ocean Resources” There are no designated ocean
resources within the vicinity of Ashland, therefore, Goal 19 is not applicable.
D. Consistency with OARChapter 660 Division 14Application of the Statewide
Planning Goals to Newly Incorporated Cities, Annexation, and Urban Development on
Rural Landsand ORS 222 City Boundary Changes; Mergers; Consolidations;
Withdrawals
OAR Chapter 660, Division 14 Application of the Statewide Planning Goals to
Newly Incorporated Cities, Annexation, and Urban Development on Rural Lands
660-014-0000
Purpose
ORS 197.175 requires cities and counties to exercise their planning and zoning
responsibilities in compliance with the Statewide Planning Goals. This includes, but is
not limited to, new or amended plans as a result of a city or special district boundary
change including the incorporation or annexation of unincorporated territory. The
purpose of this rule is to clarify the requirements of Goal 14 and to provide guidance to
cities, counties and local government boundary commissions regarding urban
development on rural lands, planning and zoning of newly incorporated cities, and the
application of statewide goals during annexation proceedings.
660-014-0010
Application of the Statewide Planning Goalsto Newly Incorporated Cities
(1) Incorporation of a new city within an acknowledged urban growth boundary does not
require an exception to Goals 3, 4, 11, or 14. Incorporation of a new city within an
acknowledged urban growth boundary must be consistent with relevant provisions of
acknowledged city and county plans and land use regulations for the area to be
incorporated.
(2) The following are land use decisions which must comply with applicable Statewide
Planning Goals or the acknowledged comprehensive plan:
(a) A county order that authorizes an incorporation election pursuant to ORS 221.040;
(b) A resolution adopted by a city approving an incorporation within three miles of its
city limits pursuant to ORS 221.031(4);
(c) An order adopted by a local government boundary commission authorizing
incorporation of a new city pursuant to ORS 199.461. Incorporation decisions under this
section include consolidations that include unincorporated lands.
(3) A city or county decision listed in subsection (2)(a) and (b) of this rule may also
require a plan amendment. If the area proposed for incorporation is subject to an
acknowledged comprehensive plan, the amendments shall be reviewed through the post
acknowledgment plan amendment review process specified in ORS 197.610 to 197.650
and 197.757. If the area proposed for incorporation is not subject to an acknowledged
Findings of Fact and Conclusions of LawPage 9
plan, a plan amendment is subject to review upon appeal as a "land use decision" as
defined in ORS 197.015(10).
(4) A newly incorporated city must adopt a comprehensive plan and implementing
ordinances for all land in its planning area. Cities incorporated after January 1, 1982,
shall have their comprehensive plans and land use regulations acknowledged no later
than four years after the date of incorporation or as extended in accordance with a
compliance schedule adopted by the commission. Comprehensive plans prepared and
adopted by newly incorporated cities shall be reviewed through the plan acknowledgment
review process set forth in ORS 197.251 and OAR chapter 660, division 3.
Finding:
The proposed land use code amendments do not involve a newly incorporated
city.Ashland was incorporated in 1874. This OAR is not applicable.
660-014-0030
Rural Lands Irrevocably Committed to Urban Levels of Development
(1) A conclusion, supported by reasons and facts, that rural land is irrevocably
committed to urban levels of development can satisfy the Goal 2 exceptions standard
(e.g., that it is not appropriate to apply Goals 14’s requirement prohibiting the
establishment of urban uses on rural lands). If a conclusion that land is irrevocably
committed to urban levels of development is supported, the four factors in Goal 2 and
OAR 660-004-0020(2) need not be addressed.
(2) A decision that land has been built upon at urban densities or irrevocably committed
to an urban level of development depends on the situation at the specific site. The exact
nature and extent of the areas found to be irrevocably committed to urban levels of
development shall be clearly set forth in the justification for the exception. The area
proposed as land that is built upon at urban densities or irrevocably committed to an
urban level of development must be shown on a map or otherwise described and keyed to
the appropriate findings of fact.
(3) Adecision that land is committed to urban levels of development shall be based on
findings of fact, supported by substantial evidence in the record of the local proceeding,
that address the following:
(a) Size and extent of commercial and industrial uses;
(b) Location, number and density of residential dwellings;
(c) Location of urban levels of facilities and services; including at least public water and
sewer facilities; and
(d) Parcel sizes and ownership patterns.
(4) A conclusion that rural land is irrevocably committed to urban development shall be
based on all of the factors listed in section (3) of this rule. The conclusion shall be
supported by a statement of reasons explaining why the facts found support the
conclusion that the land in question is committed to urban uses and urban level
development rather than a rural level of development.
(5) More detailed findings and reasons must be provided to demonstrate that land is
committed to urban development than would be required if the land is currently built
upon at urban densities.
Finding:
The proposed land use code amendments do not involve rural land as part of a
Findings of Fact and Conclusions of LawPage 10
Goal 2 exception. Ashland’s UGB was established and acknowledges in 1983, and no
changes are proposed to the Ashland UGB. This OAR is not applicable.
660-014-0040
Establishment of New Urban Development on Undeveloped Rural Lands
(1) As used in this rule, "undeveloped rural land" includes all land outside of
acknowledged urban growth boundaries except for rural areas committed to urban
development. This definition includes all resource and nonresource lands outside of
urban growth boundaries. It also includes those lands subject to built and committed
exceptions to Goals 3 or 4 but not developed at urban density or committed to urban level
development.
(2) A county can justify an exception to Goal 14 to allow establishment of new urban
development on undeveloped rural land. Reasons that can justify why the policies in
Goals 3, 4, 11 and 14 should not apply can include but are not limited to findings that an
urban population and urban levels of facilities and services are necessary to support an
economic activity that is dependent upon an adjacent or nearby natural resource.
(3) To approve an exception under section (2) of this rule, a county must also show:
(a) That Goal 2, Part II (c)(1) and (c)(2) are met by showing that the proposed urban
development cannot be reasonably accommodated in or through expansion of existing
urban growth boundaries or by intensification of development in existing rural
communities;
(b) That Goal 2, Part II (c)(3) is met by showing that the long-term environmental,
economic, social and energy consequences resulting from urban development at the
proposed site with measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal being located on other
undeveloped rural lands, considering:
(A) Whether the amount of land included within the boundaries of the proposed urban
development is appropriate, and
(B) Whether urban development is limited by the air, water, energy and land resources at
or available to the proposed site, and whether urban development at the proposed site
will adversely affect the air, water, energy and land resources of the surrounding area.
(c) That Goal 2, Part II (c)(4) is met by showing that the proposed urban uses are
compatible with adjacent uses or will be so rendered through measures designed to
reduce adverse impacts considering:
(A) Whether urban development at the proposedsite detracts from the ability of existing
cities and service districts to provide services; and
(B) Whether the potential for continued resource management of land at present levels
surrounding and nearby the site proposed for urban development is assured.
(d) That an appropriate level of public facilities and services are likely to be provided in
a timely and efficient manner; and
(e) That establishment of an urban growth boundary for a newly incorporated city or
establishment of new urban development onundeveloped rural land is coordinated with
comprehensive plans of affected jurisdictions and consistent with plans that control the
area proposed for new urban development.
(4) Counties are not required to justify an exception to Goal 14 in order to authorize
industrial development, and accessory uses subordinate to the industrial development, in
Findings of Fact and Conclusions of LawPage 11
buildings of any size and type, in exception areas that were planned and zoned for
industrial use on January 1, 2004, subject to the territorial limits and other requirements
of ORS 197.713 and 197.714.
Finding:
The proposed land use code amendments do not involve rural land outside of
the Ashland UGB. This OAR is not applicable.
660-014-0060
Annexations of Lands Subject to an Acknowledged Comprehensive Plan
Acity annexation made in compliance with a comprehensive plan acknowledged
pursuant to ORS 197.251(1) or 197.625 shall be considered by the commission to have
been made in accordance with the goals unless the acknowledged comprehensive plan
and implementingordinances do not control the annexation.
Finding:
The Ashland Comprehensive Planand Title 18 Land Use do control
annexations. The AshlandComprehensivePlanis acknowledged.The amendments to
Chapter 18.5. Annexationsare consistent with the Ashland Comprehensive Planand do
not amend the Ashland Comprehensive Plan.
660-014-0070
Annexations of Lands not subject to an Acknowledged Comprehensive Plan
(1) All appropriate goals must be applied during annexation by the city. If the annexation
is subject to the jurisdiction of a local government boundary commission, the boundary
commission may utilize the findings of the city. The boundary commission, however,
remains responsible for ensuring that the annexation is inconformance with the
statewide goals.
(2) For the annexation of lands not subject to an acknowledged plan, the requirements of
Goal 14 (Urbanization) shall be considered satisfied only if the city or local government
boundary commission, after notice to the county and an opportunity for it to comment,
finds that adequate public facilities and services can be reasonably made available; and:
(a) The lands are physically developed for urban uses or are within an area physically
developed for urban uses; or
(b) The lands are clearly and demonstrably needed for an urban use prior to
acknowledgment of the appropriate plan and circumstances exist which make it clear that
the lands in question will be within an urban growth boundary when the boundary is
adopted in accordance with the goals.
(3) Lands for which the findings in section (2) of this rule cannot be made shall not be
annexed until acknowledgment of an urban growth boundary by the commission as part
of the appropriate comprehensive plan.
Finding:
The proposed amendments to the annexation standards implement the
acknowledged Ashland Comprehensive Plan. This OAR does not apply.
660-014-0090
Establishment of Temporary Natural Disaster Related Sheltering on Undeveloped
Rural Lands
Findings of Fact and Conclusions of LawPage 12
(1) As used in this rule, “temporary natural disaster related sheltering” is limited to:
(a)Providing short-term refuge and life-sustaining services for disaster survivors who
have been displaced from their homes and are unable to meet their own immediate post-
disaster housing needs and is accomplished through use of fabric structures, tents and
similar accommodations.
(b) Interim facilities that cover the gap between the natural hazard event and the return
of disaster survivors to permanent housing provided through temporary modular
structures, temporary manufactured housing or similar temporary accommodations for
victims of the natural disaster.
(c) Temporary natural disaster related sheltering established pursuant to this rule may
include parking facilities, walkways and access to water, toilet, shower, laundry,
cooking, telephone, or other services either through separate or shared facilities.
(2) As used in this rule, "undeveloped rural land" has the meaning provided in OAR 660-
014-0040(1).
(3) A county may justify an exception to Goal 14 to allow establishment of temporary
natural disaster related housing on undeveloped rural land. The reason justifying why
the policies in Goals 3, 4, 11 and 14 should not apply is that lands and structures within
thearea specified in the application have received damage from a wildfire identified in
an Executive Order issued by the Governor in accordance with the Emergency
Conflagration Act, ORS 476.510 through 476.610.
(4) To approve an exception under section (3) a county must also show:
(a) That Goal 2, Part II (c)(1) is met because:
(A) The applicant is a Tribe as defined in ORS 182.162(2) or a public agency, on behalf
of the city, unincorporated community, rural residential exception area the temporary
natural disaster related sheltering is primarily intended to assist.Any application made
on behalf of a city must include a resolution of support adopted by that city’s elected
leadership, or
(B) The applicant is a Tribe as defined in ORS 182.162(2) on behalf of its residents for
areas that are subject to county land use jurisdiction; and
(C) The area specified in the application is within an area identified by an Executive
Order issued by the Governor declaring an emergency for all or parts of Oregon
pursuant to ORS 401.165, et seq.
(b) That Goal 2, Part II (c)(2) is met because:
(A) The city, unincorporated community, or rural residential exception area specified in
the application has lost a significant amount of its housing inventory from a wildfire
identified in an Executive Order issued by the Governor in accordance with ORS 476.510
through 476.610.For purposes of this paragraph, a significant loss of housing inventory
means:
(i) At least 15 percent in a city’s urban growth boundary, an unincorporated community
boundary, or a city or census designated place located within the sovereign territory of a
Tribe; or
(ii)At least 60 percent on rural residential areas designated as exception lands or on
lands within the sovereign territory of a Tribe but not located included in a city or census
designated place.
(B) An application made on behalf of a city demonstrates that the city considered lands
within its urban growth boundary and provided an explanation for why such lands could
Findings of Fact and Conclusions of LawPage 13
not reasonably accommodate the temporary natural disaster related sheltering.
(c) That Goal 2, Part II (c)(3) is met because the proposed location is:
(A) Not included in a flood plain, flood way or other areas subject to natural hazards as
inventoried in the county comprehensive plan or identified in applicable land use
regulations.
(B) Not included in wildlife habitat inventoried in the county comprehensive plan.
(C) Not included on a property containing historical resources inventoried in the county
comprehensive plan for purposes of protecting archaeological objects, archaeological
sites, burials, funerary objects, human remains, objects of cultural patrimony and sacred
objects.
(D) Within the urban reserve area of the city specified in the application, or, if no urban
reserve area has been established, within one mile of the applicable urban growth
boundary.
(E) Within two miles of the boundary of the unincorporated community specified in the
application.
(F) Within two miles of the rural residential exception area specified in the application.
(G) Within two miles of the area within the sovereign territory of a Tribe specified in the
application.
(H) If areas described in paragraphs (D), (E), (E) or (G) of this subsection are not
available because they are under federal ownership or because damage caused by a
wildfire identified in an Executive Order issued by the Governor in accordance with ORS
476.510 through 476.610 makes them unsuitable for development, the county may
establish a different distance that is no further than necessary to accommodate the use.
(I)Within the same school district as the city, unincorporated community, or rural
residential exception area specified in the application unless the county establishes a
different distance under paragraph H) of this subsection, which necessarily makes such a
location impossible.
(d) That Goal 2, Part II (c)(4) is met because the county has coordinated with effected
governments and imposes the following conditions:
(A) Temporary natural disaster related sheltering is allowed for 36 months from the date
of the Governor’s emergency declaration. The county may grant two additional 12-month
extensions upon a demonstration by the applicant that the temporary natural disaster
sheltering housing remains necessary because permanent housing units replacing those
lost to thenatural hazard event are not available in sufficient quantities.
(B) The temporary natural disaster related sheltering, including any associated
infrastructure, will be removed when it is no longer necessary.A plan for removing the
temporary naturaldisaster related sheltering the end of the time-frame specified in
paragraph (A) shall be included in the application materials and, upon meeting the
county’s satisfaction, be attached to the decision as a condition of approval. A county
may require that a removal plan developed pursuant to this paragraph include a specific
financial agreement in the form of a performance bond, letter of credit or other
assurance acceptable to the county that is furnished by the applicant in an amount
necessary to ensure that there are adequate funds available for removal activities to be
completed.
(C) The project shall adhere to standards for the protection of archaeological objects,
archaeological sites, burials, funerary objects, human remains, objects of cultural
Findings of Fact and Conclusions of LawPage 14
patrimony and sacred objects, as provided in ORS 97.740 to 97.750 and 358.905 to
358.961.
(D) The property owner will sign and record in the deed records for the county a
document binding the project owner and the project owner’s successors in interest,
prohibiting them from pursuing a claim for relief or cause of action alleging injury from
farming or forest practices as defined in ORS 30.930(2) and (4).
(5) A proposal that is found to satisfy the requirements of this rule for an exception to
Goal 14 is also deemed to satisfy the requirements of OAR chapter 660, divisions 4 and
11 for exceptions to Goals 3, 4, and 11.
(6) The use of the property for temporary natural disaster related sheltering shall not be
a basis to justify a new exception pursuant to OAR chapter 660, divisions 4 or 14.
(7) Approval of a reasons exception under this rule shall be documented in the
comprehensive plan and include a specific explanation that the reasons exception does
not apply for a total period of longer than five years pursuant to paragraph (4)(d)(A).
(8) Approval of a reasons exception under this rule may not result in a change to the base
zone of the subject property.The county must implement the exception by either:
(a) Application of an overlay zone that applies in addition to the base zone of the subject
property.The overlay zone shall:
(A) Clearly specify what uses may occur under the exception, and
(B) Not apply for a total period longer than five years pursuant to paragraph (4)(d)(A);
or
(b) Application of comprehensive plan implementation measures consistent with Goal
2.The comprehensive plan provisions shall:
(A) Identify the property subject to the exception,
(B) Clearly specify what uses may occur under the exception, and
(C) Not apply for a total period longer than five years pursuant to paragraph (4)(d)(A).
(9) Reasons exceptions adopted under this rule qualify for the exemption to notice of a
proposed change to a comprehensive plan or land use regulation identified at OAR 660-
018-0022(2).
(10) A reasons exception taken under this rule for lands planned and zoned for resource
use under Goals 3 or 4, or both does not elevate the priority of such lands for inclusion in
an urban growth boundary for purposes of ORS 197A.320(2)(c)(A) or ORS 197.298.
Finding:
The proposed amendments do not involve temporary natural disaster related
shelteringor a Goal 14 exception. This OAR does not apply.
ORS222—City Boundary Changes; Mergers; Consolidations; Withdrawals
The proposed amendments are consistent with the requirements of ORS Chapter 222
because the amendments don’t change any annexation requirements orthe required
review process that is inconsistent with the statute. The proposed amendments are also
consistent with the Ashland Municipal Charter and do not make changes that would
affect entities that provide urban services to areas within the Ashland UGB. Much of
ORS Chapter 222 addressesthe procedures that occur after theCity Council approves an
annexation such as recording a signed consent to annex, taxation, special districts and
notification of the Secretaryof State. The proposed amendments are limitedto the
Findings of Fact and Conclusions of LawPage 15
annexationapplicationreview process and standards at thelocal level which do not affect
the required process after anannexationis approved.
Finding:
The proposed amendments meet the applicablerequirements of ORS222.
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and
analysis of the Planning Commission, andsupporting documents together with all staff
reports, addenda and supporting materials in the whole record.
Specifically,the Council finds that the proposed land use code amendments are
consistent with City of Ashland approval criteria for land use ordinance and zoning map
amendments asset forth in ALUO 18.5.9.020.Band are consistent with the City of
Ashland Comprehensive Planand other City policies. The Council finds and determines
that the proposed amendments are consistent the Oregon Statewide Planning Goals,OAR
Chapter 660 Division 14and ORSChapter 222.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to AMC Title 18 Land Useas reflected in the
attached ordinance.
Ashland City Council Approval
_______________________________________________
Julie Akins, MayorDate
Signature authorized and approved by the full Council this 21stday of December, 2021.
Attest:
___________________________________________
Melissa Huhtala, City RecorderDate
Approved as to form:
_____________________________________________
Katrina Brown, City AttorneyDate
Findings of Fact and Conclusions of LawPage 16
ASHLANDPLANNINGDIVISION
STAFF REPORT
December14, 2021
PLANNINGACTION:
PA-L-2021-00013
APPLICANT:
Cityof Ashland
ORDINANCEREFERENCES:
AMC 18.2.3
SpecialUse Standards
AMC 18.2.6
Standards forNon-ResidentialZones
AMC 18.3.13
ResidentialOverlay
REQUEST:
The proposal includes a series of amendments to the Ashland Municipal Code
(AMC)Title 18 LandUseto the residential standards formixed-use development in the
Commercial(C-1) and Employment (E-1) zones. Thedraft code amendments areattached.
I.OrdinanceAmendments
A.SummaryofProposedCodeAmendments
The proposal includes a series of amendments to AMC Title 18 Land Use to the
residentialstandardsfor mixed-use development located in the Commercial (C-1) and
Employment (E-1) zones. Specifically, the proposed code amendments increase the
allowance for residential uses from 35 to 65 percent of the ground floor in multi-story,
mixed-use buildings and developments located in the C-1 and E-1 zones and outside of
the Downtown Design Standards overlay. Buildings located within the Downtown
Designs Standards overlay, buildings that are one story in height, and properties that are
10 acres in size are larger would be subject to the current code requirement of 35 percent
of the ground floor is permitted in residential uses.
Residential development in the E-1 zone is limited to E-1 properties in the Residential
overlay (R-overlay). Approximately 42 percent of the E-1 zoned land in the city limits is
in the Residential overlay and 58 percent is not in the Residential overlay. Areas such as
Washington Street, Jefferson Avenue, Benson Way and Clover Lane are not located in
the Residential overlay. Additionally, the Croman Mill District has its own unique zones
based on the master plan and does not include any C-1 or E-1 zoned land.
Theamendmentsare intended to provide moreflexibilityin the employment zones to
respond to fluctuations and changesin the economy anddemandfor housing. Theproject
objectivesare to: 1) maintainan inventory of employmentparcelsin a variety of sizes
and locations toencourage new business development; 2) increase the supply of
moderately-pricedrentalandfor-purchase housing; and 3) jumpstart redevelopment in
areasthat have trouble attractingprojects and/or areinproximityto public transitand
walking distance todailyserviceneeds,such as groceries, shops, parks, etc.
PlanningAction PA-L-2021-00013AshlandPlanningDivision – StaffReport
Applicant: CityofAshlandPage1 of 5
Thedraftamendmentstotheresidentialstandardsformixed-usedevelopmentare
attachedandsummarizedbelow.
18.2.3.130.B.1.a –limitsnew provisions for residential uses (i.e., up to 65 percent of
the ground floor) in the C-1 and E-1 zones to locations outside of the Downtown
Design Standards overlay. In addition, to be eligible for the new provisions, the lot
size must be less than 10 acres in size and the mixed-use building must be multi-story
(i.e., two or more stories in height).
18.2.3.B.1.b -increasesthe allowance for residential uses in multi-story, mixed-use
buildings and developments from 35 to 65 percent of the ground floor. Again, this
allowance is for locations outside of the Downtown Design Standards overlay.
Additionally, the provision is limited to multi-story mixed-use buildings and lots that
are less than 10 acres in size.
18.2.3.130.B.2.a –retains existing standard which allowsup to 35 percent of the
ground floor to be used for residential uses. The existing standard applies to three
situations –properties located inside of the Downtown Design Standards overlay, for
lots 10 acres and greater in size and for single-story buildings.
18.2.3.130.B.2.b.i –this is the exiting standard allowing up to 35 percent of the
ground floor in residential uses, it is simply moved from the existing code section
18.2.3.130. B.1.
18.2.3.130.B.1.b.ii –revises the code for situations where a mixed-use development
includes more than one building. It requires the equivalent of 65 percent of the
ground floor of all the buildings to be provided in permitted or special permitted non-
residential uses. This retains the ability in mixed-use developments with more than
one building to constructa building that is entirely residential uses as long as the
equivalent square footage of 65 percent of the ground floor of the residential building
is transferred to another building in the development and is used for permitted and
special permitted non-residential uses.
Table 18.2.6.030 –deletes residential densities in the C-1, C-1-D and E-1 zones and
adds a minimum floor area ratio (FAR) of .50.
18.3.13.010.C –removes existing language that duplicates the standards in 18.2.3.130
Dwellings in Non-Residential Zones and instead references the requirements in
18.2.3.130 for the Residential overlay or in 18.3.14.040 for the Transit Triangle (TT)
overlay. The Residential overlay applies to a portion but not all of the E-1 zone.
B.Discussion
The2021-2041HousingCapacityAnalysis(HCA)isatechnicalstudyrequiredbystate
lawandwasadoptedbytheCityCouncilonAugust17,2021asatechnicalreportand
supportingdocumenttotheAshlandComprehensivePlan.TheHCAprovidesanumber
ofrecommendedpolicychangestoaddressAshland’sunmethousingneedsthatare
relatedtotheproposedcodeamendments.TheHCA’srecommendedpolicychangesor
strategiesarepresentedasguidancefortheupcomingHousingProductionStrategy.
Strategy 1: Ensure an adequate supply of land is available and serviced
Strategy 1.3: Identify opportunities to increase allowances for residential uses on the
ground floor of buildings within commercial and employment zones.
Evaluate decreasing multifamily parking requirements.
Strategy 1.4:
PlanningActionPA-L-2021-00013AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage2of5
Strategy 2: Provide opportunities for housing development to meet the City’s identified
housing needs
Evaluate opportunities incentivize smaller units through amendments
Strategy 2.2:
to allowable densities.
Evaluate increasing allowances for residential dwellings in commercial
Strategy 2.4:
and employment zones, such as allowing an increased amount of residential uses in
ground floor commercial spaces.
Strategy 5: Align housing planning with the Climate and Energy Action Plan
Strategy 5.4: Evaluate opportunities to develop new housing closer to downtown and
commercial centers to reduce dependence on automobiles for transportation.
The Oregon Statewide Planning System requires all cities and counties in Oregon to
address Statewide Planning Goal 9 Economic Development. Goal 9 requires cities and
counties to provide an adequate land supply for economicdevelopment and employment
growth.Chapter VII Economy of the Ashland Comprehensive Planand the 2007
Economic Opportunity Analysis (EOA) address the Goal 9 requirements.
Oregon Administrative Rule (OAR) 660 Division 9 implements Goal 9 and provides two
options for land use code and comprehensive plan amendments. The firstoption in OAR
660-009-0010(3)allows local jurisdictions to make amendments by relyingon existing
plans if findings can be made that there are no significant changes in economic
development opportunities based on new information about national, state, regional,
count and local trends.
The second option in OAR 660-009-0010(4) requires changes to the designation of land
in excess of two acres from an employment use designation to any other use designation.
Under this provision,a city or county must show the amendment is consistent with the
comprehensive plan and existing EOA. If the proposed amendment can’t be supported by
the adopted comprehensive plan and EOA, OAR 660-009-0010(4) requires an update the
comprehensive plan and/or EOA.
AfterresearchingtheGoal9requirementsandspeakingtotheOregonDepartmentof
LandConservation(DLCD),staffbelievestheanalysisperformedbyFregonese
AssociatescanbeusedtoaddressOAR660-009-0010(3)fortheproposedcode
amendmentstoincreasetheallowanceforresidentialusesfrom35to65percentofthe
groundfloorinmulti-story,mixed-usebuildingsanddevelopmentslocatedintheC-1and
E-1zonesandoutsideoftheDowntownDesignStandardsoverlay.
With assistance from Fregonese Associates, staff researched and assessedthe rate of
employment land consumption and the growth rate in number of jobs in Ashland since
the adoption of the 2007 EOA.Fregonese and Associates analyzed the buildable lands
data,building permits issued,and Ashland’s employment datain the last 10 years and
found there is sufficient C-1 and E-1 land for future employment needs. Specific items in
the data analysis include the following.
ThelandconsumptionrateintheC-1andE-1zonesisrelativelylowwithanaverage
of2acresperyearusedforthelast8years.
Ofthe50buildingpermitsthatwereissuedforcommercialdevelopmentinthelast10
years,26permitswereinlocatedintheC-1andE-1zonesandtheother24permits
PlanningActionPA-L-2021-00013AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage3of5
werelocatedintheC-1-Dzone(Downtown)orwerepublicprojectssuchasSOUand
AshlandSchoolDistrictprojects.
The2007EconomicOpportunityAnalysis(EOA)forecastedmoreemployment
growththanhasoccurredoverthelast14years.TheEOAprojected15,220project
jobsby2027,including10,654jobsinretailandservices.Stateemploymentdata
showsatotalof10,237jobsintheAshlandUrbanGrowthBoundaryin2019.
TheEOAdeterminedthat30%oftheemploymentgrowthwouldnotrequire
consumptionofvacantland.
Currently,approximately20%ofthejobsareinresidentialzones.
AsoriginallysuggestedbyKDA,oneoftheoptionsthatthePlanningCommission
discussedincludedrevisingthelandusecodetoallow100percentofthegroundfloorof
newlyconstructedbuildingsintheC-1andE-1zonestobeusedforresidentialuses.
Accordingtostaff’sresearch,anamendmentallowing100percentofthegroundfloorof
mixed-usebuildingsintheC-1andE-1zonestobeusedforhousingwilllikelybe
consideredasignificantchangeandpossiblyachangefromanemploymentlanduse
designationunderOAR660-009-0010(4).Asaresult,itisstaff’sunderstandingthatthe
2007EOAwouldneedtobeupdatedtoshowthattherewillbeanadequatesupplyof
employmentlandstoaddressAshland’sfutureeconomicandjobneeds.
Instaff’sopinion,theoptionsaretomoveforwardwiththeattachedamendments,
considerthe100percentresidentialgroundfloorasoneoftheoptionsinthehousing
productionstrategy,orbothamendthecodeasproposedandidentifythe100percent
residentialgroundflooramendmentinthehousingproductionstrategy.Potentialfuture
actionscouldinvolverezoningemploymentlandsforresidentialpurposes,creatinga
mixed-usezonewithgreaterflexibilityandresidentialallowancessimilartotheNorth
MountainNeighborhoodCommercialZone,orsimplyretainingexistingC-1andE-1
zoningwiththeoptionstobuild100percentresidentialprojects.
C.ProjectBackground
LazAyalaandMarkKnoxfromKDAHomesintroducedtheissuetothePlanning
CommissionatthestudysessionmeetingonDecember22,2020.TheKDA
representativessuggestedthatthereisasurplusofcommercialspacethatcouldbeusedto
providehousingunits.Theconcernsraisedincludedthedecreaseddemandfor
commercialspaceduetoecommerceandthepandemicwhilehousingdemandcontinues
toincrease,particularlyaftertheAlmedafire.TheKDArepresentativessuggested
amendingthelandusecodetoallowthetemporaryuseofgroundfloorcommercialspace
tobeusedforhousingunitsandrequiringthebuildingstobeconstructedtocommercial
buildingcodestandardssothespacecouldbeconvertedinthefutureshoulddemandfor
commercialspacereturn.
TheCityCouncilinitiatedtheprojectattheMarch16,2021businessmeeting.
Specifically,theCouncildirectedstafftoworkwiththePlanningCommissiontoevaluate
thedraftcodelanguagepreparedbyrepresentativesofKDAHomesandpropose
amendmentstothelanduseordinancewhichwouldprovidetheflexibilitytotemporarily
usethegroundfloorofcommercialbuildingsforhousing.
PlanningActionPA-L-2021-00013AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage4of5
ThePlanningCommissionreviewedanddiscussedtheproposedcodeamendmentproject
attheJune22,2021,August24,2021,October26,2021andNovember23,2021study
sessionmeetings.
Currently,atleast65percentofthegroundfloorofbuildingsinthecommercial(C-1)and
employment(E-1)zonesisrequiredtobecommercialandlightindustrialuses.Theremaining35
percentofthegroundfloorcanbeusedforresidentialdwellingsaswell100percentoftheupper
storiesinmulti-storybuildings.Theexceptionsare:1)intheTransitTriangle(TT)overlay,a
minimumof35percentofthegroundfloorisrequiredtobeusedforcommercialandlight
industrialusesand2)inthecommercialareaoftheNorthMountainNeighborhoodDistrict,the
groundfloorcanbeusedentirelyforhousingbutmustbebuilttocommercialbuildingcode
standardssothatthespacecanbeconvertedtocommercialusesinthefuture.
In1992,thelandusecodewasamendedtoeliminateentirelyresidentialbuildingsasanallowed
useintheC-1andE-1zones(Ord.2688).Thecurrentstandardofrequiring65percentofthe
groundfloorincommercialorlightindustrialuseswasputinplaceatthattime,aswellas
residentialdensitiesforeachofthezones.Priorto1992,residentialbuildingscomprisedentirely
ofhousingunitscouldbebuiltintheC-1andE-1zoneswiththeapprovalofaconditionaluse
permit.The1992codeupdatewasinpartduetoconcernaboutconstructionofresidential
buildingsnearthedowntownandlossoffuturecommercialspace.
II.Procedural
18.5.9.020ApplicabilityandReviewProcedure
ApplicationsforPlanAmendmentsandZoneChangesareasfollows:
B.TypeIII.
Itmaybenecessaryfromtimetotimetomakelegislativeamendmentsinorderto
conformwiththeComprehensivePlanortomeetotherchangesincircumstancesor
conditions.TheTypeIIIprocedureappliestothecreation,revision,orlarge-scale
implementationofpublicpolicyrequiringCityCouncilapprovalandenactmentofan
ordinance;thisincludesadoptionofregulations,zonechangesforlargeareas,zone
changesrequiringcomprehensiveplanamendment,comprehensiveplanmaportext
amendment,annexations(seechapter18.5.8forannexationinformation),andurbangrowth
boundaryamendments.ThefollowingplanningactionsshallbesubjecttotheTypeIII
procedure.
1.ZonechangesoramendmentstotheZoningMaporotherofficialmaps,exceptwhere
minoramendmentsorcorrectionsmaybeprocessedthroughtheTypeIIprocedure
pursuanttosubsection18.5.9.020.A,above.
2.ComprehensivePlanchanges,includingtextandmapchangesorchangestoother
officialmaps.
3.LandUseOrdinanceamendments.
4.UrbanGrowthBoundaryamendments.
III.ConclusionsandRecommendations
StaffrecommendsthePlanningCommissionrecommendapprovaloftheproposedamendments
totheCityCouncil.Theproposedamendmentsarescheduledforapublichearingandfirst
readingattheCityCouncilonJanuary4andforsecondreadingonJanuary18.
PlanningActionPA-L-2021-00013AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage5of5
1ORDINANCE NO.####
2
3AN ORDINANCE AMENDING CHAPTERS 18.2.3, 18.2.6 AND 18.3.13OF THE
4ASHLAND LAND USE ORDINANCE REGARDING ALLOWANCES FOR
5RESIDENTIAL USES IN MIXED-USE BUILDINGS ANDDEVELOPMENTS IN THE
6
COMMERCIAL AND EMPLOYMENT ZONES.
7
8
deletionsadditions
Annotated to show and to the code sections being modified. Deletions
9
boldlined throughbold underline
are and additions are in .
10
11
WHEREAS
, Article 2. Section 1 of the Ashland CityCharter provides:
12
Powers of the CityThe City shall have all powers which the constitutions, statutes, and
13
common law of the United States and of this State expressly or impliedly grant or allow
14
municipalities, as fully as though this Charter specifically enumerated each of those
15
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
16
shall possess all powers hereinafter specifically granted. All the authority thereof shall
17
have perpetual succession.; and
18
19
WHEREAS,
the above referenced grant of power hasbeen interpreted as affording all legislative
20
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
21
International Ass’n of Firefighters, Local 1660, Beaverton Shop20 Or. App. 293; 531 P 2d 730,
22
734 (1975).; and
23
24
WHEREAS
,beginning in early 2020, the COVID-19pandemicresulted in the closure of
25
businesses throughout the United States and a shift to conducting operations remotely and
26
electronically, thereby temporarily resulting in a decreasedneed foroffice and commercial
27
space; and
28
29
WHEREAS
,less demand for office space is expected to continue as some companies move to
30
smaller offices and use work from home and hybrid arrangements.;and
18
ORDINANCE NO. 3204Page of
WHEREAS
1,prior to 2020, there was a decline in construction of large retail buildings in the
2U.S. and the e-commerce share of the retail market was increasing nationally. The COVID-19
3pandemicresulted in an even greater shift to online retail purchases.; and
4
5WHEREAS,
the City of Ashland is required to perform a housing capacity analysis every eight
6
years as required by ORS 197.296 and OAR 660-0008-0045. House Bill 2003 passed in the 2019
7Oregon legislative session and amended the previously mentioned state laws and rules to require
8cities in Oregon to perform the housing capacityanalysis and housing production strategy.; and
9
10WHEREAS,
the Ashland City Council adopted the 2021-2041 Housing Capacity Analysis
11(HCA) on August 17, 2021 as a technical report and supporting document to the Ashland
12ComprehensivePlan. The HCA provides a number of recommended policy changes to address
13
Ashland’s unmethousing needs includingincreasing the allowance for residential dwellings in
14
commercialand employment zones and developing new housing closer to downtownand
15commercial centers to reduce dependencyonautomobilesfortransportation.; and
16
17WHEREAS
,the Almeda wildfire increased the regional need for affordable housing by
18
destroying about 2,549 dwellings in September 2020. The Almeda fire burned from north
19Ashland to just south of Medford, with the cities of Phoenix and Talent losing the majority of
20housing. The HCA recognizedthat thelossesdue to the Almeda fireincreased regional need for
21
affordable housing and overall pressure on the Ashland housing market.; and
22
WHEREAS
23, amendments to the allowances for housing in the commercial and employment
24zonesare neededto provide more flexibility in thecommercial andemployment zones to
25
respond to fluctuations and changes in the economy and demand for housing.; and
26
WHEREAS
27, the City of Ashland Planning Commission conducted on December 14, 2021 a
28duly advertised public hearing on amendments to the Ashland Land Use Ordinance concerning
29
the standards relating to annexations, and following deliberations recommended approval of the
30
amendments.;and
28
ORDINANCE NO. 3204Page of
1
WHEREAS
2, the City Council of the City of Ashland conducted a duly advertised public hearing
3on the above-referenced amendments January4, 2021.; and
4
5WHEREAS
, the City Council of the City of Ashland, following the close of the publichearing
6
and record, deliberated and conducted first and second readings approving adoption of the
7Ordinance in accordance with Article 10 of the Ashland City Charter.; and
8
9WHEREAS
, the City Council of the City of Ashland has determined that in order to protect and
10
benefit the health, safety and welfare of existing and future residents of the City, it is necessary to
11amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate
12factual base exists for the amendments, the amendments are consistent with the comprehensive
13
plan and that such amendments are fully supported by the record of this proceeding.
14
15THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
16
SECTION 1.
17The above recitations are true and correct and are incorporated herein by this
18reference.
19
SECTION2.
Section18.2.3.130\[DwellingsinNon-ResidentialZones–SpecialUseStandards\]
20
oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
21
22
18.2.3.130Dwellingsin Non-Residential Zones
23
Where dwellings are allowed in non-residential zones, they are subject to all of the following
24
requirements.
25
A.Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13Residential
26
Overlay.
27
B.Dwellingsin the E-1 and C-1 zones shall meet all of the following standards, except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
28
subsection 18.2.3.130.B, below. See section 18.3.14.040 for the allowed uses in the TT
29
overlay.
30
Mixed-Use Developments Outside of the Downtown Design Standards Overlay.If
1.
there is one building on a site, ground floor residential uses shall occupy not
38
ORDINANCE NO. 3204Page of
more than 35 percent of the gross floor area of the ground floor. Where more than
1
one building is located on a site, not more than 50 percent of the total lot area
2
shall be designated for residential uses. At least 65 percent of the gross floor
area of the ground floor shall be designated for permitted uses and uses
3
permitted with special usestandards, not including residential uses.
4
a.This subsection, 18.2.3.130.B.1,applies to mixed-use buildings or
Applicability.
5
developments that meet all of the following requirements.
6
i.Location. The mixed-use building or development shall be located outside
of the Downtown Design Standards overlay.
7
ii.Lot Size. The mixed-use building or development shall be located on a lot
8
that is less than 10 acres in size. Mixed-use developments located on lots
9
10 acres in size and greater shall be subject to the requirements of
subsection 18.2.3.130.B.2, below.
10
ii.Building Height. The mixed-use building shall be two or more stories in
11
height. Mixed-use buildings that are one story in height are subject to the
12
requirements of subsection 18.2.3.130.B.2, below.
13
b.
Gross Floor Area.
14
i.One Building.When a planning application is limited to one building,
residential uses may occupy up to 65 percent of the gross floor area of the
15
ground floor. At least 35 percent of the gross floor area of the ground floor
16
shall be designated for permitted uses and uses permitted with special use
standards, not including residential uses.
17
ii.More Than One Building.When a planning application includes more than
18
one building, the equivalent of at least 35 percent of the gross floor area of
19
the ground floor for all buildings shall be designated for permitted uses
and uses permitted with special use standards, not including residential
20
uses.
21
c.Residential uses shall be subject to the same setback, landscaping, and
22
design standards asfor permitted uses in the underlying zone.
23
d.For the purpose of density calculations, units of less than 500 square feet of
gross habitable floor area shall count as 0.75 of a unit.
24
Mixed Use Developments Inside the Downtown Design Standards Overlay, Large
2.
25
Lots and One-Story Mixed-Use Buildings.Residential densities shall not exceed 15
26
dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C-1 zone,
and 60 dwelling units per acre in the C-1-D zone. For the purpose of density
27
calculations, units of less than 500 square feet of gross habitable floor area shall
28
count as 0.75 of a unit.
29
a.This subsection, 18.2.3.130.B.2, applies to mixed-use buildings
Applicability.
and developmentslocated in the Downtown Design Standards Overlay. In
30
addition, this subsection applies to mixed-use buildings and developments
48
ORDINANCE NO. 3204Page of
located on lots that are 10 acresand greaterin size andto one-story mixed-use
1
buildings, whether the lot or building is located inside or outside the
2
Downtown Design Standards overlay.
3
i.Location. Mixed-use buildings and developments located in the Downtown
Design Standard overlay shall be subject to the requirements of this
4
subsection.
5
ii.Lot Size. Mixed-use buildings and developments located on lots 10 acres
6
and greater in size shall be subject to the requirements of this subsection.
7
iii.Building Height. Mixed-use buildings that are one story in height shall be
subject to this subsection.
8
b.
Gross Floor Area.
9
i. One Building. When a planning application is limited to one building,
10
residential uses may occupy up to 35percent of the gross floor area of the
11
ground floor. At least 65percent of the gross floor area of the ground floor
shall be designated for permitted uses and usespermitted with special use
12
standards, not including residential uses.
13
ii. More Than One Building. When a planning application includes more than
14
one building, the equivalent of at least 65percent of the gross floor area of
the ground floor for all buildings shall be designated for permitted uses and
15
uses permitted with special use standards, not including residential uses.
16
3.Residential uses shall be subject to the same setback, landscaping, and design
17
standards as for permitted uses in the underlying zone.
18
4.Off-street parking is notrequired for residential uses in the C-1-D zone.
19
5.For the purpose of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
20
21
SECTION 3.
Section 18.2.6.030 \[Unified Standards for Non-Residential Zones –Standards for
22
Non-Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as
23
follows:
24
1
Table 18.2.6.030 –Standards for Non-Residential Zones
25
(Except as modified under chapter 18.5.5Variances.)
26
StandardC-1C-1-DE-1M-1
27
28
Residential Density 1 30 du/ac60 du/ac15 du/acNA
(dwelling units/acre)
29
30
58
ORDINANCE NO. 3204Page of
1
1
Table 18.2.6.030 –Standards for Non-Residential Zones
2
(Except as modified under chapter 18.5.5Variances.)
3
StandardC-1C-1-DE-1M-1
4
1 where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13Residential Overlay).
5
6
Floor Area Ratio (FAR)1
Minimum.5.5.5.5
7
1 Plazas and pedestrian areas shall count as floor are for the purposes of meeting the minimumFAR.
8
Lot Area, Width, DepthThere is no minimum lot area, width or depth, or maximum lot coverage; or minimum
9
front, side or rear yard, except as required to comply with the special district and overlay
Lot Coverage
zone provisions of part 18.3or the site development and design standards of part 18.4.
10
There is no minimum front, side, or rear yard required, except
11
where buildings on the subject site abut a residential zone, in
which case a side of not less than10 ft and a rear yard of not
12
less than 10 ft per story is required.
There is no
13
minimum front, side,
The solar setback standards of chapter 18.4.8do not apply to
or rear yard, except
structures in the C-1-D zone.
14
Setback Yards (feet)
20 ft where
adjoining a
15
Except for buildings within 100 feet of a residential zone, the
residential zone.
solar setback standards of chapter18.4.8do not apply to
16
structures in the C-1 zone.
17
Arterial Street Setback.
See also section18.2.4.030
18
40 ft, except:40 ft
-Buildings greater than 40 ft and less than 55 ft are permitted
19
2&3
Building Height–Maximum
in C-1-D zone with approval of a Conditional Use Permit.
(feet)
-Where located more than 100 feet from a residential zone,
20
buildings greater than 40 ft and less than 55 ft are permitted
in C-1 zone with approval of a Conditional Use Permit.
21
2 See definition of “height of building” in section 18.6.1.030.
22
3
Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for mechanical
equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment review process.
23
4
Landscape Area –Minimum
None, except
(% of developed lot area)parking areas and
24
service stations
shall meet the
25
standards of
18.4.3
chapters
26
15%15%10%
Parking, Access,
and Circulation,
27
18.4.4
and
Landscaping,
28
Lighting,and
Screening.
29
4 Plazas and pedestrian areas may also be applied toward meeting the landscaping area requirement but shall not
30
constitute more than 50% of the required area.
68
ORDINANCE NO. 3204Page of
1
SECTION4.
Section18.3.13.010\[ResidentialOverlayRegulations–ResidentialOverlay\]of
2
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
3
4
18.3.13.010Residential Overlay Regulations
A.Purpose.
The Residential overlay is intended to encourage a concentration and mix of
5
businesses and housing that provides a variety of housing types, supports resource and
6
energy conservation, and promotes walking, bicycling, and transit use.
7
B.Applicability.
The Residential overlay applies to all property where ‘Residential Overlay’ (R)
is indicated on the Zoning map.
8
C.Requirements. TheDwellings in the requirements are as
Residential overlay
9
followsshall meet the applicable standards in section 18.2.3.130,except that
10
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
subsection 18.3.13.010 C, below. See section 18.3.14.040 for the allowed uses in the
11
TT overlayor 18.3.14.040 for the TT overlay
.
12
1.Mixed-Use Developments. If there is one building on a site, ground floor
13
residential uses shall occupy not more than 35 percent of the gross floor area of
the ground floor. Where more than one building is located on a site, not more than
14
50 percent of the total lot area shall be designated for residential uses. At least 65
15
percent of the gross floor area of the ground floor shall be designated for
permitted uses and uses permitted with special use standards, not including
16
residential uses.
17
2.Residential densities shall not exceed 15 dwelling units per acre. For the purpose
18
of density calculations, units of less than 500 square feet of gross habitable floor
area shall count as 0.75 of a unit.
19
3.Residential uses shall be subject to the same setback, landscaping, and design
20
standards as for permitted uses in the E-1 District.
21
22
SECTION4.Codification.
Inpreparingthisordinanceforpublicationanddistribution,theCity
23
Recordershallnotalterthesense,meaning,effect,orsubstanceoftheordinance,butwithinsuch
24
limitations,may:
25
(a)
Renumbersectionsandpartsofsectionsoftheordinance;
26
(b)
Rearrangesections;
27
(c)
Changereferencenumberstoagreewithrenumberedchapters,sectionsorotherparts;
28
(d)
Deletereferencestorepealedsections;
29
(e)
Substitutethepropersubsection,section,orchapternumbers;
30
(f)
Changecapitalizationandspellingforthepurposeofuniformity;
78
ORDINANCE NO. 3204Page of
(g)
1Addheadingsforpurposesofgroupinglikesectionstogetherforeaseofreference;and
(h)
2Correctmanifestclerical,grammatical,ortypographicalerrors.
3
SECTION6.Severability.
4Eachsectionofthisordinance,andanypartthereof,isseverable,
5andifanypartofthisordinanceisheldinvalidbyacourtofcompetentjurisdiction,the
6remainderofthisordinanceshallremaininfullforceandeffect.
7
8The foregoing ordinance was first read by title only in accordance with Article X,
th
9Section 2(C) of the City Charter on the ___day of _________, 2021,
th
10day of _________, 2021,
and duly PASSED and ADOPTED this ___
11
12_______________________________
13Melissa Huhtala, City Recorder
14
15
16SIGNED and APPROVED this ___ day of _________, 2021.
17
18
19
20________________________
21
Julie Akins, Mayor
22
23
24Reviewed as to form:
25
26
_______________________________
27Katrina Brown, City Attorney
28
29
30
88
ORDINANCE NO. 3204Page of
TESTIMONY
_________________________________
TYPE II
PUBLIC HEARING
_________________________________
PA-T2-2021-00035
233 Granite Street
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.usTTY: 1-800-735-2900
PLANNING ACTION:PA-T2-2021-00035
SUBJECT PROPERTY:233 Granite Street
APPLICANT/OWNER:Rogue Development Services/Heidi Leverenz
DESCRIPTION: A request for a Land Partition to split a 1.08 acre property into two parcels. The application indicates that the
two resultant parcels will include a 0.34 acre parcel which contains the existing residence, and a 0.73 acre parcel situated to
the south and accessed by a flag drive. The request includes a (Type II) variance to the number of lots accessed from the
private driveway and an exception to street standards to notinstall sidewalks to current standards where there are existing
curbside sidewalk improvements.COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;ZONING: R-1-10;
MAP: 39 1E 08 DA; TAX LOT: 1300.
ELECTRONIC ASHLAND PLANNING COMMISSION MEETING:Tuesday, December 14, 2021 at 7:00 PM
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Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearingon 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.eduand selecting
RVTV Prime.
‘’
The ordinance criteria applicable to this planning actionare 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 issuesrelating 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
seven days prior to the hearing.Copies of
of the staff report will be available on-line atwww.ashland.or.us/PCpackets
application materialswill 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.uswith the
December 14PC Hearing Testimony
subject line “” by 10:00 a.m. on Monday, December 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
December 14 PC Hearing Testimony.
with the subject line “” by 10:00 a.m. on Tuesday, December 14, 2021Written
testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will
be included in the meeting minutes.
Oraltestimonywillbetakenduringtheelectronicpublichearing.Ifyouwishtoprovideoraltestimonyduringtheelectronic
meeting,sendanemailtoPC-public-testimony@ashland.or.usby10:00a.m.onTuesday,December14,2021.Inorderto
providetestimonyatthepublichearing,pleaseprovidethefollowinginformation:1)makethesubjectlineoftheemail
December14SpeakerRequest
“”,2)includeyourname,3)theagendaitemonwhichyouwishtospeakon,4)specifyif
youwillbeparticipatingbycomputerortelephone,and5)thenameyouwilluseifparticipatingbycomputerorthe
telephonenumberyouwilluseifparticipatingbytelephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the City Administrator’s office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility tothe meeting. (28 CFR 35.102.-
35.104 ADA Title I).
If you have questions or comments concerning this request, please feel free to contactAaron Anderson at #541-552-2052 /
.
Aaron.Anderson@ashland.or.us
PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
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 theunderlying 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.
G.The proposed streets, utilities, and surface water drainage facilities conform to the street design standardsand 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.
1.Minimum Street Improvement.When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved
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collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department.
2.Unpaved Streets.The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist.
a.The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b.The centerline grade on any portion of the unpaved street does not exceed ten percent.
c.The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded tomeet the final street
elevation.
d.Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights
of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements
and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements
shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final
survey plat, and if the owner declines to so agree, then the application shall be denied.
I.Where an alley exists adjacent to the partition, access may be required to beprovided 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.
ADDITIONAL PRELIMINARY FLAG LOT PARTITION PLAT CRITERIA
18.5.3.060
The approval authority shall approve a preliminary plat application for a flag lot partition only where all of the following criteria are met.
A.The criteria of section 18.5.3.050are met.
B.For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
C.Flag drives shall be in the same ownership as the flag lots served. Where two ormore lots are served by the same flag drive, the flag drive shall be
owned by one of the lots and an easement for access shall be granted to the other lot or lots.
D.Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot
wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first
lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving
surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel.
E.Curb cuts have been minimized, where possible, through the use of common driveways.No more than two flag lots are served by the flag drive.
F.Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no
greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approvalin chapter 18.5.5Variances.
G.Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways.
H.Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1.Vehicle access shall be from the alley only where required as a condition of approval.
2.No screening and paving requirements shall be required for the flagpole.
3.A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block
surface connecting the street to the buildable area of the flag lot.
4.The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot
clearly visible from the street on afour-inch by four-inch post that is 3½ feet high. The post shall be painted white with black numbers three inches
high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot
by three foot white sign clearly visible from the street with three-inch black numbers.
I.Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof.
J.When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4.6.040.G.5). The Staff
Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as
allowed by Oregon Fire Code access exemptions.
K.Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out.
L.There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance.
M.Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a fire work area of 20 feet by 40 feet clear of vertical
obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
N.Both sides of the flag drive have been screened with a site-obscuring fence, wall or fire resistant broadleaf evergreen site-obscuring hedge to a height of
from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the
remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroachment of mature
landscaping.
O.The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and
screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the
paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to
complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement
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shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance.
P.Flag lots shall be required to provide auseable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term
"useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward.
VARIANCE
18.5.5.050
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as
topography, natural features, adjacent development, or similar circumstances. A legal lot determination may besufficient evidence of a hardship for
purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.
3. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purposeand intent of this
ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property
line adjustment or land division approval previously granted to the applicant.
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
December 14, 2021
PLANNING ACTION:
PA-T2-2021-00035
OWNER/APPLICANT:
Heidi Leverenz
Rogue Planning & Development Services, LLC (agent)
LOCATION:
233 Granite Street
ZONE DESIGNATION:
R-1-10
COMP.PLAN DESIGNATION:
Single Family Residential
ORDINANCE REFERENCES:
Ashland Land Use Ordinance: https://ashland.municipal.codes/LandUse
18.4.6Public Facilities
18.5.1GeneralReview Procedures
18.5.3Land Divisions and Property Line Adjustments
18.5.5Variance
18.6.1Definitions
APPLICATION DEEMED COMPLETE ON:
October 29, 2021
120-DAY DEADLINE:
February 26, 2022
REQUEST:
A two-lot partition includingan exception to the street standards and arequest for a
variance tothe allowednumber of dwellingsserved by a private drive.
I.Relevant Facts
1)Background -History of Applications
In 1988 the Planning Commission approved a property line adjustment recorded aspartition
platCS#11420.The planning action number is not legible on the survey that is
available from the county surveyor, and there are no hardcopy records associated
with this or any other planning actions that were able to be located.
th
On August 26, 2021the applicant initially applied for this partition with arequest for a
Type-1 variance to allow for more than three dwellings to be accessed from a private drive.
The determination of a Type-1 variance had been made by staff during the pre-application
conference. The application was assigned the number PA-T1-2021-00154 and a Notice of
th
Complete Application(NOCA)was mailed to surrounding properties on September 20,
2021.
On October 25thStaff received an e-mail from SydneeB.Dreyerof Jarvis, Dreyer, Glatte
& Larsen,LLP who represents the applicant. The letter contendedthat the application was
inappropriately being processed as a Type-1 action because the requested variance was not
listed at AMC 18.5.5.030.A. After reviewing the relevant sections of the land use ordinance,
Planning Action T2-2021-00035 Ashland Planning Department –Staff Report / aa
Applicant:Rogue Planning & DevelopmentServices, LLCPage 1of 10
the Staff Advisor concurred with Ms. Dreyer. Staffinformed the applicant’s agentsthat the
application was required to be processed as a Type-2and that the initial application was
void. Following the receipt of the additional funds for a Type-2 procedure the application
th
was deemed complete on October 29, 2021.
st
OnDecember 1a notice of public hearing was posted at the subject property and mailed to
all properties within 200 feet of the subject property.
2)Detailed Description of the Site and Proposal
The subject property is located at 233 Granite Street and is 1.08 acres in size. The subject
property is zoned R-1-10, a single-family residential zoning with a 10,000 square foot
minimum lot size. The R-1-10 district extends along the west side of Granite St. with
both RR.5 and WR to the east up the hillside. Across the street is Lithia Park which is
zoned R-1-7.5.The property is roughly an “L” shape with 101feetof frontage along
Granite St. The property is developed with a 3625 square foot residence that was built in
2014. Along the southern edge of the “L” there is a twenty-foot-wide asphalt drive which
serves the applicants property, the adjacent property to the south and additional properties
to the west.
There is disagreement over the number of lots presently served by the existing driveway
network. People opposed to the application(discussed further below) allegethat the
existing driveway serves ninelots.The application materials do not providedetail on
exactlywhich propertieshave access rights over the existing drivewaybutstates that “the
existing driveway serves six other properties.”In supplementalmaterials provided by the
applicant they assert that only five lots are served by the private drive based on a previous
interpretationby council on the definitionof ‘to serve.’
The proposal is arequest for a Land Partition to split a 1.08-acre property into two
parcels. The preliminary partition plat show that the two resultant parcels will bea0.34-
acreparcel which will retainthe existing residence, and avacant0.73-acre parcel situated
to the south with a flagpolethat will access Granite St. frontage.The existing private
drive is non-conforming in that it serves more than three dwellings, therefore the
application includes arequest for a variance to the number of dwellingsaccessed from a
private driveway. The proposal also requests an exception to street standards to not install
sidewalks to current standards where there are existing curbside sidewalk improvements.
3)Code Definitions
Central to this application and the variance request is the number of dwellings that are
allowed to be served by a private drive. This number is provided for the definition of
“Private Drive” at AMC 18.6:
Private Drive.A private drive is a road in private ownership, not dedicated to the
dwelling units
public, which serves three or fewer .\[emphasis added\]
While the definition does in fact specify “dwelling units,”it has been common that each
dwelling served is situated on its own separatelot. This is reflected in the applicant’s
materialswhich refer to the maximum number of “lots” allowed to be served by a private
drive.
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Applicant:Rogue Planning & DevelopmentServices, LLCPage 2of 10
II.Partition
The application describes the partitionas follows: “The request is to divide the property into
two parcels. Proposed Parcel #1 would retain the existing residence, the yard area and the
existing outbuildings. Parcel #1 is proposed to have 80.5-feet of frontage on Granite Street
and is proposed to be 185.05 feet deep. The resulting lot area of 14,931 square feet complies
with the minimum lot area in the zone. The existing residence complies with minimum
setbacks and lot coverages. Proposed Parcel #2 would be a flag lot. The flagpole
connection to the street is proposed to be 20-feet as predicated by the existing easements.
The lot area, 32,147 square feet including the flagpole substantially exceeds the minimum
lot area in the zone.”
The application does not provide a detailed tree protection plan and reasonsthat the building
envelopes may need to be modified to accommodate the wishes of a future owner. The
application materials state that:“though there are trees within and nearby the buildable
area, no trees are proposed for removal. Similarly, due to the lack of proposed site
development, a tree protection / preservation plan has not been created as there is not a
plan for development.Due to the Wildfire Overlay standards, the future property owner may
elect to relocate the building envelopes or remove/preserve trees.”A condition of approval
has been added that requiresthat atopographic survey be conducted to confirm that the
building envelopes are not severelyconstrained(slopes greater than 35-percent), and that a
Physical and Environmental constrain permitwill be required for any constructionin slopes
greater than 25-percent.
Finally, the application also includes a request for an exception to street standards due to the
existing development and width of the Granite St. right-of-way.Presently thereis a curb-
tight sidewalk. Theapplication requests to maintain the existing curbside sidewalk.The
application explains: “The code allows for the granting of exceptions when physical
conditions exist that preclude development of a public street, or components of the street.
Such conditions may include topography, mature trees, and limited right-of-way. All of these
conditions are present along the frontage.”Staff concludesthat the exception is not
necessaryas the curb tight sidewalkconformedto the city standards at the time of
installation.
III.Variance
As mentioned above because the pre-existing private drive is non-conforming in that it
serves more than three dwellings the application includes a request for a variance to allow
the private drive to serve an additional dwelling on the newly created lot.
The first criterion of approval for a variance requires that it be necessary because the code
provision “does not account for special or unique physical circumstances of the subject site,
such as topography, natural features, adjacent development, or similar…..”As staff
understands the application materials,they respond that the variance is necessarydue to
rd
topography and adjacent development.In supplemental findings dated November 23the
applicant respondsto this criterion that “The variance is necessary because the existing
topography does not allow for the creation of a public street to serve the subject property,
and due to the unusual lot shape, existing development, topography, etc., a variance to the
Planning Action T2-2021-00035 Ashland Planning Department –Staff Report / aa
Applicant:Rogue Planning & DevelopmentServices, LLCPage 3of 10
number of lots accessed via the driveway is necessary.”
IV.Public Commentsreceivedduring initial application
The application washad a mailednoticed to all properties within 200 feet of the subject
property as well as a physical notice posted along the frontage of the property. Written
comments in opposition to the request were received from two adjacent property owners as
well as their agents:
James Thomas and Liese Murphree
Daniel and Andrea Weinerrepresented by Chris Hearn
Issues that were raised in relation to the planning application included concerns about
“traffic, parking, noise, congestion, and dust” as well aspedestrian access and an alleged
history of the applicant not conforming to approved plans for development.
The letter from Mr. Hearn made the argument that the existing non-conforming private drive
should not be allowed to have additionaldemands because: “the overburdened shared
driveway to become still further non-conforming in violation of City’s access standards,
especially within City’s Wildfire Overlay Zone.” The letter goes on to elaborate on why the
application, in his opinion, does not appear to meet the approval criteria for a variance due
to this not being unique and the need for the variance being self-created.
Additionally,the Weiner’s, in separate correspondence, claim that the proposed
development would leave the parcel withthe house to be over the allowed lot coverage and
also allege that the property is encumbered by a deed restriction which would prohibit any
development that would disturbed the existing rock retaining walls around the proposed
building envelopes which they state is an area historically referred to as “Clary’s Draw.”
They claim that the current deed stipulates that “existing rock walls and boulders” on this
site “shall not be removed, disturbed, impaired or damaged” …”in perpetuity.”
The applicant provided supplemental materials demonstrating that lot coverage was satisfied
as well as additional finding addressing the variance criteria butdid not respond tothe other
issues that were raised.Neither the applicant nor the opponents have provided a copy of the
mentioned deed restriction for the record.
Additional comments were received from threecitizensall in support of the application.
Their names are listed below, and their correspondence is available in the meetingpacket.
HenryandKaren
Jeff Wyatt
Andrew K Smith
V.Procedural -Required Burden of Proof
The criteria for a preliminary Partition Platare described in AMC 18.5.3.050.A as follows:
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.
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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., any
Proposed lots conform to the requirements of the underlying zone, per part 18.2
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 18.4.3.080Vehicle Area
Design. See also, 18.5.3.060Additional Preliminary Flag Lot Partition Plat Criteria.
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.
1.Minimum Street Improvement.When there exists a 20-foot wide access along the entire
street frontage of the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan, such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum width of the
street shall be 20-feet with all work done under permit of the Public Works Department.
2.Unpaved Streets.The Public Works Director may allow an unpaved street for access for
a land partition when all of the following conditions exist.
a.The unpaved street is at least 20-feet wide to the nearest fully improved collector or
arterial street. The City may require the street to be graded (cut and filled) to its
standard physical width, and surfaced as required in chapter 18.4.6prior to the
signature of the final partition plat by the City.
b.The centerline grade on any portion of the unpaved street does not exceed ten
percent.
c.The final elevation of the street shall be established as specified by the Public
Works Director except where the establishment of the elevation would produce a
substantial variation in the level of the road surface. In this case, the slope of the lot
shall be graded to meet the final street elevation.
d.Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the owner of
the subject property to remonstrate both with respect to the owners agreeing to
participate in the cost of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and costs thereof.
Full street improvements shall include paving, curb, gutter, sidewalks, and the
undergrounding of utilities. This requirement shall be precedent to the signing of the
final survey plat, and if the owner declines to so agree, then the application shall be
denied.
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.
18.5.3.060Additional Preliminary Flag Lot Partition Plat Criteria
A.are met.
The criteria of section 18.5.3.050
B.
For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the
flag drive area, must meet the minimum square footage requirements of the zoning district.
C.
Flag drives shall be in the same ownership as the flag lots served. Where two or more lots
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are served by the same flag drive, the flag drive shall be owned by one of the lots and an
easement for access shall begranted to the other lot or lots.
D.
Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot
shall have a minimumwidth of 15 feet and contain a 12 foot wide paved driving surface. For
drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface
to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by
adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Width shall
be increased on turns where necessary to ensure fire apparatus remain on a paved surface
during travel.
E.
Curb cuts have been minimized, where possible, through the use of common driveways. No
more than two flag lots are served by the flag drive.
F.
Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be
granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not
more than 200 feet. Such variances shall be required to meet all of the criteria for approval in
chapter 18.5.5Variances.
G.
Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or
other public ways.
H.
Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1.Vehicle access shall be from the alley only where required as a condition of approval.
2.No screening and paving requirements shall be required for the flagpole.
3.A four foot pedestrian path shall be installed within the flagpole and improved and
maintained with either a concrete, asphalt, brick, or paver block surface connecting the street
to the buildable area of the flag lot.
4.The flag pole width shall be no less than eight feet wide and the entrance of the pole at
the street shall be identified by the address of the flag lot clearly visible from the street on a
four-inch by four-inch post that is 3½ feet high. The post shall be painted white with black
numbers three inches high running vertically down the front of the post. For flagpoles serving
two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot
white sign clearly visible from the streetwith three-inch black numbers.
I.
Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the
Oregon Fire Code and subject to all requirements thereof.
J.
When required by the Oregon Fire Code, flag drives greater than 150 feetin length shall
). The Staff Advisor, in coordination with the Fire
provide a turnaround (see Figure 18.4.6.040.G.5
Code Official, may extend the distance of the turnaround requirement up to a maximum of 250
feet in length as allowed by Oregon Fire Code access exemptions.
K.
Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles
backing out.
L.
There shall be no parking within ten feet of the centerline of the drive on either side of the flag
drive entrance.
M., shall
Flag drives serving structures greater than 24 feet in height, as defined in part 18.6
provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the
structure. The fire work area requirement shall be waived if the structure served by the drive has
an approved automatic sprinkler system installed.
N.
Both sides of the flag drive have been screened with a sight-obscuring fence, wall or fire-
resistant broadleaf evergreen sight-obscuring hedge to a height of from four to six feet, except in
the front yard setback area where, starting five feet from the property line, the height shall be from
30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed to
ensure fire apparatus access is not obstructed by the encroachment of mature landscaping.
O.
The applicant has executed and filed with the Community Development Department an
agreement between applicant and the City for paving and screening of the flag drive. Such an
agreement shall specify the period within which the applicant, or agent for applicant, or contractor
shall complete the paving to standards as specified by the Public Works Director and screening
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as required by this section, and providing that if applicant should fail to complete such work within
such period, the City may complete the same and recover the full cost and expense thereof from
the applicant. An agreement shall also provide for the maintenance of the paving and screening
pursuant to this section, and assurance ongoing maintenance.
P.
Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20
feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private
yard area which is unobstructed by a structure or automobile from the ground upward. (Ord. 3158
§9, amended, 09/18/2018)
The criteria for a variance are described in AMC 18.5.5.050.A as follows:
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.
B.
In granting a variance, the approval authority may impose conditions similar to those provided
for conditional uses to protect the best interests of the surrounding property and property owners,
the neighborhood, or the City as a whole.
The applicant has submitted acomprehensive set of findings to the Planning Department
torespond to the above criteria and demonstrate compliance with the applicable approval
standardsaboveand by thisreference they are incorporated as if set out in full.
VI.Conclusions and Recommendations
In staff’s assessment, the proposal satisfies the criteria for approval of a land partition,
and the remaining question is whether the applicant has met the burden of proof to
support approval of a variance.
In responding to the variance criteria, the applicant provides the following points:
While the opponents argue the driveway now serves nine lots, the applicant
disagrees and asserts that if lots with legal access to a public street are excluded
per previous precedent, at least four of the nine lots identified by the opponents
must be excluded. The applicant suggests the existing driveway serves five lots
and with the partition would add a sixth.
The existing driveway predates the adoption of the performance standards option
and is a preexisting nonconforming situation. There are few public streets on the
west side of Granite Street due toexisting lot configurations, existing structures
and development patterns, and the existing topography and development prevent
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the creation of apublic street, andtheexisting homes servedare served by an
interconnected private drive network.
The varianceis necessary because the existing topography does not allow for the
creation of a public street to serve the subject property, and due to the unusual lot
shape, existing development, topography, etc., a variance to the number of lots
accessed via the driveway is necessary.
The applicant proposes a flag lot to take access off the initial 100-feet of the
driveway,which is the minimum necessary to divide this lot, and asserts that this
does not make the driveway more nonconforming given that the applicant would
be permitted under ORS 197.758 to construct an additional residential unit (i.e. a
duplex) on the property.
The variance is the minimum necessary to address the unique physical
circumstances of the subject property.
The benefit of the subject application will outweigh 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 in that it will reduce fire risk,
create additional needed housing consistent with the zone, and increase the City’s
tax base.
The need for the variance is not self-imposed and the Applicant is not creating
any impacts that would not already exist under the permitted use to which she can
put her property. The nonconformity predatesthe applicant’s ownership of her
property and is the result of steep slopes, topography and existing development in
the area. Moreover, the impact of the variance is minimal given that the Applicant
could construct a duplex on her property which would take access off the
driveway, without approval of a variance.
Staff recommends that the Planning Commission consider the evidence in the record and
should they find that the applicant has met their burden of proof with regard to the
variance request and approve the application,then staff recommends that the following
conditions of approval be attached:
1.That allproposals of the applicant shall be conditions of approval unless
otherwise specifically modified herein.
2.That the tract of land shall be surveyed and the final survey plat shall be
submitted to the city for review and signature within 18 months of the final
decision date of the preliminary partition plat.
3.That prior to submitting a final plat for review and signature, the applicant shall
complete the following:
a.All easements for public and private utilities, fire apparatus access, and reciprocal
utility,maintenance, and access shall be indicated on the final survey plat as
required by the Ashland Engineering Division.
b.That a final utility plan for the parcels shall be submitted for review and approval
by thePlanning, Engineering, and Building Divisions prior to signature of the
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final survey plat. The utility plan shall include the location of connections to all
public facilities including the locations of water lines and meter sizes, fire
hydrants, sanitary sewer lines, storm drain lines and electric services.
c.That 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 prior to signature
of the final survey plat.
d.That the property owner shall sign in favor of local improvement districts for the
future street improvements, including but not limited to sidewalks, parkrow, curb,
gutter and storm drainage, for Granite Street prior to signature of the final survey
plat. The agreement shall be signed and recorded concurrently with the final
survey plat.
e.That calculations shall be submitted demonstrating that a 21-foot highstructure
can be placed on the new lot with a Standard A Solar Setback that does not
exceed 50 percent of the lot’s north-south lot dimension, or a solar envelope and
written description of its effects demonstrating compliance with Solar Standard A
shall be submitted, prior to signature of the final survey plat as required in
Chapter 18.4.8of the Solar Ordinance.
f.That a tree inventory and tree preservation and protection planconsistent with the
standards described in AMC 18.4.5shall be submitted for reviewand approval of
the Staff Advisor. The plan shall identify the location and placement of fencing
around the drip lines of trees identified for preservation. The tree protection
fencing shall be installed according to the approved plan prior to any site work.
No construction shall occur within the tree protection zone including dumping or
storage of materials such as building supplies, soil, waste, equipment, or parked
vehicles. The amount of fill and grading within the drip lines shall be minimized.
Cuts within the drip line shall be noted on the tree protection plan, and shall be
executed by handsaw and kept to a minimum. No fill shall be placed around the
trunk/crown root.
g.That a topographic survey prepared by an OregonProfessionalLand Surveyor
(PLS) completed in accordance with the standards in AMC 18.3.10 shall be
provided to establish that all building envelopes are in areasconsidered to be
buildable (i.e. with slopes less than 35percent).
h.That any future development in slopes of greater than 25 percent will be required
to receive a Physical and Environmental Constraints permit.
4.That prior to the signature of the final survey plat:
a.Electric servicesshall be installed underground to serve the new parcel prior to
signature of the final survey plat.
b.Sanitary sewer laterals and water services including connection with meters at the
street shall be installed for the new parcel prior to the signature of final survey
plat.
c.The portion of the flag driveserving the new parcel shall be paved to a minimum
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width of 15 feet within a 20-foot clear width to a vertical clearance of 13-feet, 6-
inches and be able to withstand 44,000 lbs. prior to the signature of the final plat.
This portion of the flag drive shall be constructed so as to prevent surface
drainage from flowing over the private property lines and/or public way.
5.That a Fire Prevention and Control Plan addressingthe General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinanceshall 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.
6.That new addresses shall beassigned by City of Ashland Engineering Department.
7.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, street improvements, utilities or any necessary encroachments.
8.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. Fire Department requirements shall be included in any civil drawings.
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August 23, 2021
Minor Land Partition
Including Flag Lot
Subject Property
Property Address: 233 Granite Street
Map & Tax Lot: 39 1E 08 DA; 1300
Comprehensive
Plan Designation: Single Family Residential
Zoning: R-1-10
Adjacent Zones: R-1-10
Lot Area: 1.08 Acres(47,044.8 square feet)
Property Owner:Heidi Leverenz
233 Granite Street
Ashland, OR 97520
Surveyor:Hoffbuhr& AssociatesInc.
880 Golfview Dr., Suite 201
Medford, OR 97504
Planning Consultant: Rogue Planning & Development Services
Amy Gunter
1314-B Center Dr., PMB#457
Medford, OR 97501
Request:
A request for a Minor Land Partition to create a new, residentialflag-lot for the property located at 233
Granite Street. Request includes a variance to the number of lots accessed from the private driveway
and an exception to street standards to not install sidewalks to current standards where there are
existing curbside sidewalk improvements.
Property Description:
The subject property is on the west side of Granite Street. The property and the adjacent properties to
the north and south are zoned R-1-10. The adjacent propertiesuphill to the west are zone RR-.5. The
property to the east is Lithia Park.
Page 1 of 16
The lot is L shaped. There is 101.01 feet of frontage on
Granite Street. The lot extends 185.05-feet to the west
and then 90.98 feet to the south. There is a slight,
27.23-foot jog to the west, the property continues
235.36 feet to the south, 125-feet to the east, 225.36
feet north and 108.30 feet back to the point of
beginning on Granite Street.
The property has a number of various access and utility
easements. The existing driveway serves six other
properties.
The lot is occupied by 3,625.12 square foot, two-story
residence. To the rear of the residence is an attached
garage. A detached 216 square footgarden shed that is to the rear of the residence, and a carport
structure further uphill to the rear of the residence.
The property has varying degrees of slope. Where the existing residence and the building envelope for
the new lot area located is less steep (between 5 – 15 percent). The south portion of the proposed lot
has greater slopes. The property owner has planted vegetation and created retaining walls on this
portion of the property that increases the slopes in the cuts and created a flat pad area for RV and
guest parking.
There are eight (8) trees that are greater than six (6) inches in diameter at breast height. The trees
include two 24-inch DBH Oak trees and six Cedar trees that are between 8 – 18-inch DBH.
The subject property and the adjacent properties are accessed via a 20-foot wide paved driveway.
There are 24-feet of easements that bisect the lot and provide access and utilities to the properties to
the west.
Granite Street is paved with curb and gutter. There is a five-foot wide curbside sidewalk along the
frontage of the property.
City facilities are available within the Granite Street right-of-way, and within the easement to service
the property and the proposed lot.
Page 2 of 16
Proposal:
The request is to divide the property into two parcels.
Proposed Parcel #1 would retain the existing residence, the yard area and the existing outbuildings.
Parcel#1is proposed to have 80.5-feet of frontage on GraniteStreet and is proposed to be 185.05feet
deep. The resulting lot area of 14,931 square feet complies with the minimum lot area in the zone. The
existing residence complies with minimum setbacks and lot coverages.
Proposed Parcel #2 would be a flag lot. The flagpole connection to the street is proposed to be 20-feet
as predicated by the existing easements. The lot area, 32,147 square feet including the flagpole
substantially exceeds the minimum lot area in the zone. The partition results in an additional lot taking
access from the private driveway and thus a variance to the number of lots accessing the private
driveway is necessary.
Though there are trees within and nearby the buildable area, no trees are proposed for removal.
Similarly, due to the lack of proposed site development, a tree protection / preservation plan has not
been created as there is not a plan for development.
Due to the Wildfire Overlay standards, the future property owner may elect to relocate the building
envelopes or remove/preserve trees.
Findings addressing the relevant criteria from the Ashland Municipal Code are provided herein. For
clarity, the criteria is in font and the applicant’s findings in Calibri font.
Times New Roman
Page 3 of 16
Findings addressing the Ashland Municipal Code
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.
Finding:
The future use of the remainder of the tract as residential use will not be impeded by the proposal.
The proposal is to create an urbanizable lot out of a greatly oversized single family residential property.
The proposed flag lot, Parcel #2 has topographical constraints due to steep slopes including areas of 35
percent that prevent development of much of the southern portion of the proposedflag lot. Two
buildable areas are shown on the site plan map. These envelopes avoid the areas of 35 percent or
greater. To the south, there is a steep slope and another more level area that if a future property owner
sought to modify the building envelope and go through a Physical and Environmental Constraints
Review for Hillside Development.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
Finding:
The development of the remainder of any adjoining land or access to adjacent residential lands will not
be impeded by the proposal.
The private driveway that provides access to and through the subject property to the adjacent parcels
above is not impeded with the proposal.
The building envelope for the new flag lot is directly adjacent to the easement area and will not impact
the driveway access.
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.
Finding:
There are no City adopted neighborhood or district plans. To the applicant’s knowledge, there are not
previous approvals for the subject properties that would prevent the proposed partition.
D. The tract of land has not been partitioned for 12 months.
Finding:
Page 4 of 16
The tract of land has not been partitioned for the past 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).
Finding:
The proposed parcels conform to the requirements of R-1-10 zone. Both parcels will have more than
10,000 square feet of area.
Parcel #1 is proposed to be 14,931 square feet with a width of more than 80 and a depth of more than
180 which exceeds the minimum lot and width dimensions. The parcel is developed and no changes to
the property, access, tree preservation, orientation, or solar access are modified with the proposal. The
allowed coverage for Parcel #1 is 5,972.4 square feet in area. There is 2,590 square feet of building
footprint, there is 2,575 square feet of asphalt areas. The total site coverage is 5,165 square feet. The
coverage on the proposed lot complies with the standards.
Parcel #2 is proposed with 32,147 square foot in area including the flagpole area. The lot area is
substantially more than the minimum required 10,000 square feet in the zone. Parcel #2 is connected to
Granite Street via the 20-foot-wide flagpole connection.
Two required parking spaces are provided in the garage accessed via the shared flag driveway.
The new lot when developed with provide for three off-street parking spaces as required with the
development area of the flag lot. There are two building envelopes identified. One of those could be
parking and yard area, one could be for structure area.
The proposed flag lot is more than 90-feet deep. The lot has a -10.9 percent slope to the north and
requires a minimum N/S dimension of 89.29-feet. The lot complies.
A building envelope demonstrating the buildable area that complies with setbacks for the zone and is
not encroaching into the areas of 35 percent slopes.
The intention of the property owner is to partition the property, sell the lot and to not remove trees. The
trees would be removed by the future developer of the partitioned lot.
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.
Finding:
Page 5 of 16
The exiting driveway accessing the site is a varying width of 15 – 18-feet of pavement within a 24-foot-
wide easement. The existing driveway is considered a private drive as it serves six lots. The access width
and paved surfacewidths conform to the standards. The number of lots accessed via the driveway
exceeds the standards and a variance to the standards is necessaryto have another lot accessed by the
driveway.
The flag driveway is more than 50-feet in length and is paved. The existing driveway grade exceeds 15
percent, there are no changes to the grade. The surface has already been installed in a manner that
does not allow for the surface waters to drain across any public right-of-way or adjacent properties.
The future residential development on Parcel #2 will provide adequate parking for the future single-
family residence, a third parking space for the flag lot and a useable yard area.
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.
Applicant’s Finding:
The water and sanitary sewer service will be provided from Granite Streetor the public easements
within the flag driveway. A water meter will be installed at the intersection of the driveway and Granite
Street near the existing water meter and the sanitary sewer line will connect to the line within the
driveway.
Electric service will be from the existing electric vault on the north side of the existing driveway to the
west of the existing residence at 233 Granite Street.
Granite Street is improved with curb, gutter and sidewalk. The existing street development pattern of
Granite Street includes curbside sidewalkand is considered non-conforming. There are no proposed
street improvements, and the sidewalk continues past the subject property and remains non-
conforming beyond the residence. There are street trees behind the sidewalk and not changes are
proposed due to the existing public improvements.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for
the use of the proposed street. The minimum width of the street shall be 20-feet with all work done
under permit of the Public Works Department.
Page 6 of 16
Applicant’s Finding:
Not Applicable
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land
partition when all of the following conditions exist.
Applicant’s Finding:
Not applicable
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
Applicant’s Finding:
No alley exists adjacent to the partition.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained
prior to development.
Applicant’s Finding:
No state or federal permits are required.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
Applicant’s Finding:
See additional findings addressing the partition plat criteria for a flag lot below.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
The approval authority shall approve a preliminary plat application for a flag lot partition only where all
of the following criteria are met.
A. The criteria of section 18.5.3.050 are met.
Applicant’s Finding:
Page 7 of 16
The applicant finds that the criteria of section 18.5.3.050 are met or can be met through the imposition
of conditions.
B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive
area, must meet the minimumsquare footage requirements of the zoning district.
Applicant’s Finding:
The lot area for proposed Parcel #1 is 14,931 square feet which complies with the minimum lot area in
the zone. The existing residence complies with minimum setbacks and lot coverages.
Proposed Parcel #2 would be a flag lot. The flagpole connection to the street is proposed to be 20-feet
as predicated by the existing easements. The larger lot area is 32,147 square feet in area, including the
flag pole, excluding the flag pole area there is substantially more than 10,000 square foot lot area.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served
by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall
be granted to the other lot or lots.
Applicant’s Finding:
The flag driveway is proposed to be owned by Parcel #2, one of the lots served by the driveway. Parcel
#1 will have an ingress, egress access easement and a mutual maintenance agreement provided to
allow for a future garage for Parcel #1 to be constructed that takes access from the flag driveway.
As noted, there are more than two lots served by the same flag driveway.
D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall
have a minimum width of 15 feet and contain a 12-foot-wide paved driving surface. For drives serving
two flag lots, the flag drive shall be 20 feet wide, with a 15-foot-wide driving surface to the back of the
first lot, and a 12-foot-wide driving surface to the rear lot. Drives shared by adjacent properties shall
have a width of 20 feet, with a 15-foot paved driving surface. Width shall be increased on turns where
necessary to ensure fire apparatus remain on a paved surface during travel.
Applicant’s Finding:
The existing driveway has more than a 15-foot paved driving surface. There is a 24-foot wide access
and utility easement present where the driveway currently extends from Granite Street to the parcels to
the west.
There are six other parcels served by the flag driveway.
Page 8 of 16
E. Curb cuts have been minimized, where possible, through the use of common driveways. No more
than two flag lots are served by the flag drive.
Applicant’s Finding:
The existing curbcut will be retained and no changes are proposed.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag
drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such
variances shallbe required to meet all of the criteria for approval in chapter 18.5.5 Variances.
Applicant’s Finding:
Theflag driveway exists at just over 15 percent. The location, surface material and the grade of the
driveway are not changing with this proposal.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other
public ways.
Applicant’s Finding:
The driveway exists and has surface drainage provided with catch basins at the base of the driveway.
No changes are proposed to the construction of the flag driveway.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained
with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable
area of the flag lot.
Applicant’s Finding:
The flag lot is not adjacent to an alley.
4. The flag polewidth shall be no less than eight feet wide and the entrance of the pole at the street shall
be identified by the address of the flag lot clearly visible from the street on a four-inch by four-inch post
that is 3½ feet high. The post shall be painted white with black numbers three inches high running
vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such
dwellings shall be on a two foot by three-foot white sign clearly visible from the street with three-inch
black numbers.
Page 9 of 16
Applicant’s Finding:
The proposed flag pole is 20-feet in width with and existing 15-feet of paved width. The flag lot will be
addressed in accordance with the standards of the Oregon Residential Structural Code. The flag lot also
has a 24-foot access and utility easement that the 20-foot flag lot connection to Granite Street
encompasses.
I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire
Code and subject to all requirements thereof.
Applicant’s Finding:
The flag drive is deemed a Fire Apparatus Access road.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround (see Figure 18.4.6.040.G.5). The Staff Advisor, in coordination with the Fire Code Official,
may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as
allowed by Oregon Fire Code access exemptions.
Applicant’s Finding:
The flag driveway to the proposed Parcel #2 is greater than 100-feet in length. A turnaround is not
proposed, utilizing other alternatives such as fire sprinklers would be a preferred alternative. The Fire
Code Requirements are determined at the building permit stage.
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing
out.
Applicant’s Finding:
Adequate area has been provided for the flag lot to have three parking spaces situated in a manner
that eliminates the necessity for vehicles to back out. Compliance with this standard will be addressed
with the building permit submittals.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive
entrance.
Applicant’s Finding
No on-street parking will be within ten feet of the centerline of the drive on either side of the flag
driveway entrance. If required, the curb will be painted yellow.
Page 10 of 16
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a
fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The
fire work area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
Applicant’s Finding:
When the new structure for the flag lot is proposed, demonstration of compliance with the
requirements of the Building and Fire Officials will be addressed.
N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge
to a height of from four to six feet, except in the front yard setback area where, starting five feet from
the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or
landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire
access.
Applicant’s Finding:
The flag drive is not proposed to have site-obscuring fence or hedges installed. This driveway has been
serving homes beyond the proposed flag driveway for many decades and no changes to the surface,
location, materials, grade of the driveway or screening is proposed. This code has been present for
many years and applies to all driveways greater than 50-feet in length. Screening has never been
required for this driveway and changes to it are not anticipated with this partition.
O. The applicant has executed and filed with the Community Development Department an agreement
between applicant and the City for paving and screening of the flag drive. Such an agreement shall
specify the period within which the applicant, or agent for applicant, or contractor shall complete the
paving to standards as specified by the Public Works Director and screening as required by this section,
and providing that if applicant should fail to complete such work within such period, the City may
complete the same and recover the full cost and expense thereof from the applicant. An agreement shall
also provide for the maintenance of the paving and screening pursuant to this section, and assurance
ongoing maintenance.
Applicant’s Finding:
An agreement to not install the screening of the flag driveway will be executed. The applicant is not
proposing to develop the flag lot parcel at this time. The driveway is paved and no changes are
proposed.
Page 11 of 16
P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet
wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area
which is unobstructed by a structure or automobile from the ground upward.
Applicant’s Finding:
The are no house plans for the proposed flag lot. There is substantially more than a 20 X 20 area for
outdoor space that is “useable”. There is ample lot area with more than 30,000 SF of area where a new
residence can demonstrate the yard area is provided with the building permit submittals.
A tree protection and preservation plan are not provided at this juncture. This is due to the limited site
work necessary to stub utilities for the new parcel. The utilities, water, sewer, electric and storm
drainage all will be stubbed from the existing utility lines in the driveway easement to the edge of the
driveway and will not encroach into the critical root zone of the trees on the property.
The building envelope identifies two level pads between a treed slope that was created by the property
owner. This area may require a Physical & Environmental Constraints review and a tree removal permit
due to the DBH of the trees and both those permits are better suited to be dealt with at time of
development.
EXCEPTION TO STREET STANDARDS
18.4.6.020.B.1.
Applicant’s Finding:
The proposal does not include improvements to Granite Street thus an exception to Street Standards is
required. Granite Street has a right-of-way width of 36-feet, is paved 30.6 feet and has an
approximately 4.5-foot wide curbside sidewalk
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.
Applicant’s Finding:
The code allows for the granting of exceptions when physical conditions exist that
preclude development of a public street, or components of the street. Such conditions
may include, topography, mature trees, and limited right-of-way. All of these conditions
are present along the frontage.
Page 12 of 16
Granite Street is designated as an Neighborhood Collector along the frontage of the
property. There are 4.5 to 5 -foot wide, curb tight sidewalks along the frontage of the
property and the properties to the south. There is a retaining wall and stairs leading
from the public sidewalk on the subject property and the adjacent property to the south.
There is a narrow parkrow with utilities, and a 4.5 to 5-foot sidewalk along the property
to the north’s frontage. Along the south property line of the adjacent property, there is a
retaining wall perpendicular to the right of way, and a below grade, historic garage
structure on the adjacent property abutting the shared property line. The existing
development pattern of the site and the properties adjacent prevent the removal of the
existing sidewalk and replacement with a six-to-eight-foot landscape park row and a five
to six foot sidewalk.
b. The exception will result in equal or superior transportation facilities and connectivity
considering the following factors where applicable.
Applicant’s Finding:
The requested exception results in equal transportation facilities as no changes are
planned.
c. The exception is the minimum necessary to alleviate the difficulty.
Applicant’s Finding:
The exception is the minimum necessary as it maintains existing improvements and
makes no alterations. The topography, established vegetation, presence of retaining
walls and walkways on the subject property and even greater barriers to development of
a compliant sidewalk system exist on the adjacent properties.
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection 18.4.6.040.A.
Applicant’s Finding:
The Purpose and Intent of the Street Standards section speaks to connectivity and design
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 existing
sidewalk system on Granite Street is part of a larger historic street system that includes
curb and no sidewalk on the east side of Granite due to the presence of Lithia Park. The
narrow paved width and curbside sidewalk are due to the lack of right-of-way and
presence of barriers to street standards compliance such as topography, trees, and
Page 13 of 16
utilities. The retention of the existing sidewalk improvements will not negatively impact
the vehicular, bicycle and pedestrian experience.
18.5.7.040.B.2 – Tree Removal Criteria:
Applicant’s Finding:
No trees are proposed for removal to accomplish the partition request. There are two areas of identified
building envelopes. Within those building envelopes there are some trees that will require removal. Due
to the size of the trees, a tree removal permit will be necessary at the time of residential development.
Since it is unclear which of the envelopes would be chosen to build and how large of a structure within
the envelope, it is more appropriate for tree removal to occur concurrent with the development of the
vacant lot.
18.5.050. – Variance Approval Criteria
A variance is required because there are more than two lots served by the proposed flag driveway.
There are more than three lots served presently by the private driveway. Ashland’s code requires that
driveways of any kind that serve more than three lots to be dedicated as a public street. Due to the
unique circumstances, unusual lot shape and adjacent property development, a variance to the number
of lots accessed via a private driveway/flag lot is necessary.
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.
Applicant’s Finding:
The variance to AMC 18.4.6.040.G.5. Private Drive is necessary becausea private driveway is limited to
serving three lots. According to the code, private driveway is limited to development approved using the
Performance Standards Option pursuant to chapter 18.3.9. yet this private driveway predates the
adoption of the Performance Standards Option. The proposal is for a flag lot partition and is not subject
to the Performance Standards Option.
The proposal is for a flag lot and the existing private driveway will provide access to the proposed flag
lot and continue to provide access to the adjacent parcels further to the west as required in AMC
18.5.3.060.
Page 14 of 16
The proposed variance to the number of lots accessed from the flag driveway / private drive is
necessitated due to the number of lots previously allowed access from the private driveway exceeded
three. This is due to the steep topography on the west side of Granite Street and that access to the lots
that are not connected to Granite Street is provided on shared, private driveways to limit disturbance of
the hillside.
The adjacent developments were granted vehicular access and easement by previous property owners
without consideration that Ashland has very limited driveway regulations. Once more than three lots
are taking access from driveways, a public street is required. There are few public streets on the west
side of Granite Street because lot configurations, existing structures and lot development patterns, and
the steep topography prevent the creation of public streets and requires variance to the number of lots.
Ashland Municipal Code offers the following definition of the driveway from AMC 18.6.1.030. Driveway.
The area that provides vehicular access to a site from a street or the area that provides vehicular
circulation on a site.
- Drive, Flag: A driveway that serves a single lot or parcel and is greater than 50 feet in length, or
provides vehicular access to a flag lot(s). See also, section 18.5.3.060 Additional Preliminary Flag Lot
Partition Plat Criteria.
- Driveway, Shared: A driveway used to access two or more lots or parcels.
A Private Driveway is not defined but it exists in the Public Facilities Chapter. A private driveway is also
not cross referenced as a driveway type or code sections to address in the partition chapter. To make
the most sense of the variance, the number of lots accessedvia a flag driveway is found is AMC
18.5.3.060.C. where flag driveway shall be in the same ownership as the flag lots served. Where two or
more lots served by the flag driveway, easement for access shall be granted. This criteria is met and
addressed in the previous pages and on the land survey.
A public street cannot be dedicated to alleviate the number of lots accessed from the driveway. There is
inadequate width to dedicate right-of-way and the topography of the existing driveway would likely
exceed public street standards. Additionally, adjacent properties would no longer comply with setbacks
from a new street.
2. The variance is the minimum necessary to address the special or unique physical circumstances
related to the subject site.
Applicant’s Finding:
The requested variance to allow the partition of the parcel that currently provides vehicular access to
six parcels not associated with the subject property at 233 Granite Street. In numerous locations on
Granite Street there is a single driveway serving more than three parcels of record asthe steep slopes
on the west side of Granite Street, the existing development patterns, the limited accesses have
Page 15 of 16
consolidated driveways and due to the same reasons for the consolidated accesses, e.g., the steep
slopes on the west side of Granite Street, limited access and existing development patterns prevent the
dedication of a public street to eliminate the variance request.
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.
Applicant’s Finding:
The proposal allows for the existing street and driveway access and development pattern to remain
unchanged. The proposal allows for the creation of two, oversized parcels in the R-1-10 zone. Other
than construction impacts, there will be no greater negative impacts to the adjacent properties as their
legal access will not be impeded. The intent of the zoning district is 10,000 square foot parcels for
residential development. This partition and resulting variance allows the property to develop as
envisioned in the Comprehensive Plan of the city. The proposed partition retains the accessibility of the
critical infrastructure which benefits the adjacent properties.
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.
Applicant’s Finding:
The applicant finds that the requested variance allow more than three lots to take access from the
proposed flag driveway is a result of six lots, five of which do not have street access already utilizing the
driveway. The original development of the residence at 233 Granite Street and the lots to the west that
utilize the driveway were all existing prior to this request.
Other previous land division application that created one of the parcels above, the code restricting
number of lots accessed via a private drive was adopted and it is noted that further division of the
oversized parcels would necessitate future variances to the number of lot taking access from the private
driveway.
It can be found that the property owner/applicant did not previously obtain variance and the applicant
did not create partitions that trigger previous variances or this variance.
Attachments:
Tentative Partition Map
Building envelope site plan map
Page 16 of 16
-mail:
sbd@medfordlaw.net
Whitney Threets
November 23, 2021
VIA EMAIL ONLY
ATTORNEYS AT LAW
City of Ashland Planning Commission
c/o Aaron Anderson aaron.anderson@ashland.or.us
Ashland Planning Division planning@ashland.or.us
51 Winburn Way
Ashland, OR 97520
RE: SUPPLEMENTAL FINDINGS
MEDFORD OFFICE
City of Ashland Planning Action #PA2021-00154
823 Alder Creek Drive
Medford, OR 97504-8900
Applicant: Heidi Leverenz
541-772-1977
Fax 541-772-3443
Dear Commissioners:
ASHLAND OFFICE
320 East Main Street
foregoing Planning Action. The Applicant seeks a minor land partition to create a
Suite 209
new residential flag lot for the property located at 231/233 Granite Street,
Ashland, OR 97520-6801
including a request for a Type II variance to the number of lots served by the
541-482-8491
Fax 541-772-3443
private drive, and an exception to street standards to not install sidewalks where
there are existing sidewalk improvements. These supplemental findings address
the requested variance to the number of lots served by the private driveway.
office@medfordlaw.net
www.medfordlaw.net
Background:
The subject property is currently served by a preexisting private drive upon which
the new flag lot is proposed to take access. The private drive currently serves
more than 3 residential lots (discussed in greater detail below). AMC
18.4.6.040.G.5. limits private drives to 3 or fewer lots. As the proposed drive
currently exceeds that number, the Applicant seeks a variance to allow an
Partners
additional lot to be served by the private drive. If the partition and variance are
Darrel R. Jarvis
Sydnee B. Dreyer
approved, the new flag lotprovided within the first 100-feet of
*
Erik J. Glatte
this drive.
Erik C. Larsen
Jacquelyn Bunick
Planning staff has received written objections from two neighbors to the proposed
partition. The focus of those objections seems to be related primarily to the
Associates
variance; in particular opponents argue that the driveway already serves 9 lots, and
Riley J. MacGraw
should not be permitted to serve an additional lot. Applicant contends this
property is subject to unique circumstances and approval of the variance is
Also admitted in Idaho
*
consistent with code requirements and allows for additional needed housing in the
City.
Aaron Anderson
November 23, 2021
Page 2
Criteria:
The Applicant seeks a variance under AMC 18.5.050.A. to allow a private drive to
serve an additional residential lot, in excess of three lots. To approve a variance,
the Planning Commission must find that it meets all 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.
The variance is necessary because the subject code provision does not account for
special or unique physical circumstances of the subject site. In particular, the
driveway predates the adoption of the performance standards option and is a
preexisting nonconforming use. There are few public streets on the west side of
Granite Street due to existing lot configurations, existing structures and
development patterns, and the existing topography and development prevents the
creation of additional public streets.
AMC 18.4.6.040.G.5 defines a private drive as follows:
A private drive is a road in
private ownership, not dedicated to the public that serves three or less lots. As a
starting point, the City must first determine what it means to serve lots as this term
is ambiguous. The word serve is not defined in the Citys code. In a previous
appeal before the City, the City Council interpreted the word serve as follows:
Council interprets Section 18.88.050.A to mean that a unit is
served by a private drive only when the unit has not legal
access to a City street. Legal access is interpreted to include a
unit that fronts a City street, thereby giving the unit the right to
access property from a City street. Units that have functional
access from a private drive, but also have legal access to a City
street shall not be considered served by a private drive.
Findings of Fact and Conclusions of Law, Planning Action
2004-105, pp. 19-20 (2005).
Opponents argue that this driveway is already serving 9 lots; the Applicant
disagrees. In Mr. Hearnber 4, 2021, he
Tax Lot 1801 Ownership Prince undeveloped
Tax Lot 1501 Porter residence
Tax Lot 1501 Porter ARU
Tax Lot 701 Murphee residence
Aaron Anderson
November 23, 2021
Page 3
Tax Lot 1300-A residence
Tax Lot 1600 Appel residence
Tax Lot 901 Eisenberg undeveloped
Tax Lot 702 Eisenberg residence
Tax Lot 700 Wyatt - residence
Utilizing the Councils interpretation of what it means for lots to be served by a
private drive, at least 4 of these lots must be excluded from the foregoing
calculation. Specifically, the Applicants property fronts Granite Street, and
therefore while having functional use of the access easement, it is not served by
the easement as defined by Council. Tax Lots 702 and 901, both owned by
Eisenberg, have a flag pole driveway to Granite Street and therefore are not served
by the private drive (See attached map at Exhibit A). A fourth lot, Tax Lot 700
also appears to have legal access to Strawberry Lane. As such of the nine (9) lots
alleged to be served by the private drive, legally only five (5) can be found to be
served by the private drive. If the Applicants variance is approved, then there
would be 6 lots served by the private drive, which has been allowed in other
applications in the City.
s
: The variance is necessary because the existing topography
does not allow for the creation of a public street to serve the subject property, and
due to the unusual lot shape, existing development, topography, etc., a variance to
the number of lots accessed via the driveway is necessary.
2. The variance is the minimum necessary to address the special or unique
physical circumstances related to the subject site.
As discussed above, in order to make use of this oversized residential lot, the
Applicant proposes a flag lot to take access off the initial 100-feet of the driveway
which is the minimum necessary to divide this lot. Opponents argue that the City
should not approve a proposed partition which makes the existing driveway more
nonconforming. The partition does not make the driveway more nonconforming
given that the Applicant would be permitted under ORS 197.758 to construct an
additional residential unit (a duplex) on the property. In fact, the duplex could be
located on the portion of the lot that is proposed to contain parcel 2, as the AMC
r attached or
AMC 18.6.1.030. In other words, the proposed partition does not
make this existing drive more nonconforming, as under current standards, the
Applicant can construct a duplex whose access would be from this same private
1
drive. As such, it is difficult to find that practically speaking the variance will
1 In fact, pursuant to SB 458, as of June 30, 2022, the City will be required to approve a tentative
plan for a middle housing land division and will be prohibited from imposing code requirements
Aaron Anderson
November 23, 2021
Page 4
make the lot more nonconforming compared to the use already permitted for the
lot.
Upon creation of the flag lot, the new parcel will take access within the first 100-
feet of the driveway and will allow one additional lot access to the private drive
which is the minimum necessary to address the physical and unique circumstances
of the site.
: The variance is the minimum necessary to address the
unique physical circumstances of the subject property.
3. 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.
The proposed variance will be a benefit to the City and those benefits will exceed
any negative impacts on the development of the adjacent uses and furthers the
purpose and intent of this Ordinance. Even before the Almeda fire, the City was in
a housing crisis. The proposed partition and variance will create two oversized
parcels in the R-1-10- zone which is consistent with the Comprehensive Plan for
allows development of an existing
ventory, consistent with established zoning.
Further, the proposed variance will have little impact on neighboring uses other
than temporary construction, particularly given that a duplex could be constructed
which would also take access from this drive. And, development of the second
parcel actually reduces fire risk, by removing overgrown vegetation, and creating
additional fire-safe development in this area. Use of the private driveway also
reduces the impacts that development of the site would have if a public road were
constructed which would result in wider right-of-way, and impacts to required yard
setbacks for neighboring properties. Lastly, the city will benefit from the
increased tax base with the creation of a separate parcel.
: The benefit of the subject application will outweigh 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 in
that it will reduce fire risk, create additional needed housing consistent with the
that would require driveways, vehicle access, parking or minimum or maximum street frontage.
At that time, the Applicant could proceed with this development without having to address the
driveway limitations.
Aaron Anderson
November 23, 2021
Page 5
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.
As noted above, the Applicant did not create the nonconformity, she simply seeks
to develop her land consistent with the Comprehensive Plan. The nonconformity
and is the result of steep slopes,
topography and existing development in the area. Moreover, the impact of the
variance is minimal given that the Applicant could construct a duplex on her
property which would take access off the driveway, without approval of a
variance.
Applicants Findings:
The need for the variance is not self-imposed and the
Applicant is not creating any impacts that would not already exist under the
permitted use to which she can put her property.
CONCLUSION: In conclusion, the Planning Commission can find that the
criterion for a variance have been met.
Sincerely,
JARVIS, DREYER, GLATTE, LARSEN &
BUNICK, LLP
s/ Sydnee B. Dreyer
Sydnee B. Dreyer
SBD/wnt
Attachments
EXHIBIT "A"
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233 GRANITE
LOT COVERAGE DETAILS:
Residence, front porch, front walkway, covered rear porch, and garage = 3568 SF
Uncovered rear patio = 382 SF
Driveway and walkway area between the garage and detached shed = 1160 SF
Upper driveway and carport = 1066 SF
Coverage = 6086 SF
Allowed pervious patio area = -200 SF (five percent of total allowed coverage or
up to 200 Sf)
Proposed Coverage = 5,971 SF
Allowed Coverage: 14931 / .40 = 5,972.4 SF + 200 SF of pervious surface
Proposed Coverage of proposed Parcel #1 complies
04 October 2021
Letter to the Planning Department of the City of Ashland
Subject:
PLANNING ACTION: PA-T1-2021-00154
SUBJECT PROPERTY: 233 Granite Street
OWNER/APPLICANT: Heidi Leverenz / Rogue Development Services
We request that the requested variances by the applicant be denied. Our main reasons are:
1.The number of lots served by the private driveway is six, which greatly exceeds the
maximum allowed of three. Adding a seventh lot, as requested by the applicant, would
add to the problems we already have along the private driveway and adjacent parts of
Granite Street, with traffic, parking, noise, congestion, and dust.
2.Adding a seventh lot would significantly increase the risks of problems in the event of a
need for emergency evacuation from the lots served by the driveway. This is especially
true because the proposed new lot would be at the downstream end of the driveway.
The lots served by the driveway are in in an area at high risk of wildfires and adjacent to
an area at high risk of flooding. These increased risks would lead to additional costs for
the owners of the existing lots ---for example, increased insurance costs and increased
costs to mitigate the increased risks.
3.The sidewalk situation adjacent to the driveway is already problematic for pedestrians,
especially children and the elderly and handicapped, and or bicyclists. Adding a seventh
lot without improving the sidewalks, as requested by the application, would significantly
worsen these problems.
4.The applicant’s history in the construction of the existing house at 233 Granite is
problematic. The construction plans approved by the city were not followed. For
example, the area excavated exceeded what the city had approved; the slopes of the
excavated area exceededwhat the city had approved; the tree protection required by the
plan was not provided; trees were damaged, and trees were removed due to damage.
This history raises concerns about the applicant’s ability / willingness to conform to city
rules, including rules that might be tied to any approval of the requested variances.
5.The applicant’s request does not include a plan to develop the requested new lot. But of
course development is highly likely to be requested if the new lot is allowed. Such a
development would be harmful and costly to the neighborhood and to the city.
Please let us know if you would like to discuss this matter further.
James Thomas and Liese Murphree
Owners of 229 Granite Street, Ashland, OR 97520
Daniel and Andrea Weiner
243 Granite Street
Ashland, OR 97520
October 4, 2021
Dear Planning Committee,
We submit this letter in opposition to the partitioning of tax lot 391E08DA1300 located at 233
Granite Street in Ashland.We submit this opposition as the owners of the property adjacent to
233 Granite Street. We own half the width (12 feet) of the access easement from Granite
Street running west for a length of 88.09 feet.
There are multiple factors that have led to our decision to oppose this partitioning that would
result in the creation of a new, presumably buildable, tax lot at this location.
This private easement serves an excessive number of houses as well as two existing tax lots
that have yet to be built:
223 Granite St (391E08DA702)
229 Granite St (391E08DA701)
233 Granite St (391E08DA1300)
235 Granite St (391E08DA1600)
237 Granite St + existing ADU (391E08DA1501)
241/243 Granite St (391E08DA1401)
234 Strawberry Ln (391E08DA700)
Rebecca Lindgren Lot (391E08DA1800)
Perry Prince Lot (391E08DA1801)
This number of homes creates both noise and traffic concerns as well as a fire and evacuation
risk. A letter to the City of Ashland Planning Department from the architect for 233 Granite used
this argument in a bid for a solar variance waiver:
“…an established ingress and egress easement serving six other residences above the subject
property which impacts the livability of the property due to dust, noise, vibration, etc.” (March 21,
2014) The variance was granted.
Adding one more taxlot to this already over-built and overburdened neighborhood would only
exacerbate these issues.
2) As too many homes already use the easement daily, the number of vehicles and the speeds
at which most of the vehicles use traveling up and down the easement is excessive.Open
storm drains exist in numerous locations on both sides of the narrow easement.This is
dangerous for pedestrians and bicyclists.Allowing an exception to the sidewalk standards
would be ignoring this serious situation. A pedestrianpathway should be mandated.
3) The preservation of mature trees was a major consideration for the granting of a solar
variance waiver during the construction of the residence at 233 Granite St. The requirement
for constructing a pedestrian path withinthe flagpole access to the proposed lot as well as the
construction of a home on the newly formed lot would require removal of the same trees cited
as the reason for the previous variance as well as a number of additional large, established
trees.
4) Thenew tax lot created by the proposed land partition would include a well-defined clearing
known locally as “Clary’s Draw”, which some have suggested might be of historical
significance.The current deed stipulates that “existing rock walls and boulders” on this site
“shall not be removed, disturbed, impaired or damaged”…”in perpetuity”.The only flat building
envelope on the proposed new tax lot would need to leverage these features of Clary’s Draw in
order to construct a code compliant home. This would be in violation of the deed.
5) The proposed lot, while having some flat land in the area of the Draw, is predominantly
composed of steep hillside designated as “extreme” gradient in county documents. We are
under the impression that as such, building on that area of the property would not be permitted
under current code. This further limits the acceptable building envelope without impacting
Clary’s Draw.
6) Partitioning of the existing property at 233 Granite, based on the currently marked “proposed
property line”, would markedly reduce the size of the lot for 233 Granite.The modified lot with
the current home would exceed 40% hardscape and no longer be deemed a conforming lot.
To summarize, for the reasons stated above:
overused/overburdened private easement,
traffic/safety issues for pedestrians necessitating an improved pathway,
3. removal of trees previously protected under an agreement associated with a solar variance
granted for the construction of the residence at 233 Granite,
4. destruction of adeed protected features within the site of Clary’s Draw,
5. predominantly “extreme gradient” building site,
6. formation of a “non-conforming” lot at 233 Granite Street based on excessive impervious
surfaces.
We are opposing the request for a land partition of tax lot 391E08DA1300 located at 233
Granite Street.
Thank you for your consideration,
Daniel and Andrea Weiner
PUBLICHEARING
_________________________________
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
SUBJECT PROPERTY: Public Right-of-Way adjacent to 39 1E 05AD Tax Lot #502
APPLICANT/OWNER: City of Ashland Public Works Department
DESCRIPTION: The Planning Commission will consider a request to vacate a portion of the Otis Street right-of-way
north of Map 39 1E 05AD Tax Lot #502 near 388 Otis Street and make a recommendation to the City Council.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5-P; 39
1E 05AD; Tax Lot: #502.
ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday, December 14, 2021 at 7:00 PM
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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
December 14 PC Hearing Testimony
Monday, December 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
December 14 Hearing Testimony
December 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.
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 Tuesday, December 14, 2021. In order to
provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email
December 14 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
-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.
Chapter 4.18: VACATION OF PUBLIC PROPERTY
4.18.010 Purpose
The purpose of this Chapter is to establish the procedure for processing requests for the vacation of public rights of-way and places, and to require petitioners
for vacation to deposit with the City Recorder a fee sufficient to cover the cost of publication, posting and other anticipated expenses as authorized by ORS
271.080, et seq.
4.18.020 Application
Any person interested in filing a petition for the vacation of all or part of any street, alley, or other public place, shall submit such petition in the form prescribed
by the City Engineer pursuant to ORS 271.080, and upon filing of the petition shall deposit with the City Recorder a filing fee established by resolution of the City
Council. (Ord. 2742, amended, 1994; Ord. 2654, amended, 1991)
4.18.030 Review by Planning Commission
Upon receipt of the petition, the same shall be referred to the City Engineer for a determination of whether it contains the requested number of sworn signatures.
The City Engineer shall return any petition not meeting the requirements of ORS 271.080, together with the filing fee to the petitioner. If the City Engineer
determines that the petition is sufficient, it shall be referred to the City Planning Commission for their review and recommendation to the City Council. The
Planning Commission shall submit its report to the City Council within sixty (60) days of receipt. Upon receipt of the report by the Commission, or if no report is
received from the Commission upon the expiration of sixty (60) days, the City Administrator shall set the matter for public hearing as set forth in ORS 271.100,
et seq.
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Otis Street R-o-W Vacation Staff Report
A request for the Planning Commission to review and make a recommendation on the vacation of a
portion of the public right-of-way for Otis Street near 388 Otis Street.
Proposal DetailsKey Issues
Site Description/HistoryStreet Connectivity
Theareaofright-of-wayproposedforThisvacationeliminatesanolongerneeded
vacationherewasdedicatedtothecityasturn-aroundarea,andposesnostreet
partofaMinorLandPartition(MLP#392)inconnectivityissues.
1978forthecreationofa cul-de-sac where
Pedestrian Connectivity
OtisStreetdead-ended.Withtherecent
completionofinfrastructurefortheWestInstaff’sview,theapplicantshouldinstalla
VillageSubdivision,OtisStreetnownewcontinuouscurb,adequateright-of-wayor
continuesintoCoffeeLaneandnolongerapublicpedestrianaccesseasementtosupport
dead-ends,andthereisnownoneedforafuturecurbsidesidewalkinstallationshouldbe
retained,andtheapplicantshouldsign-infavor
cul-de-sac/turn-aroundinthislocation.
ofaLocalImprovementDistrict(LID)forfuture
Proposal
streetimprovements.
Approvalofthecurrentrequestwouldvacate
Utility Easements
thesemi-circularareaofright-of-wayonthe
southsideofOtisStreet,showninredintheStaffwouldrecommendthataten-footwide
figuresabove,infrontofTaxLot#502.utilityeasementberetainedwithinthevacated
areatopreservetheabilitytoextendpublic
infrastructurebetweentheWestVillage
Subdivisionandtheneighborhoodtotheeast.
Staff Recommendation
StaffrecommendsthatthePlanningCommissionforwardafavorablerecommendationto
theCityCouncilandaskthatacontinuouscurbbeinstalledandthatpublicutilityand
publicpedestrianaccesseasementsberetainedinthevacatedsection,andthatthe
applicantsign-infavorofafutureLIDforfrontageimprovements.
Otis Street R-o-W Vacation Staff Report
A request for the Planning Commission to review and make a recommendation on the vacation of a
portion of the public right-of-way for Otis Street near 388 Otis Street.
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Otis Street Vacation.doc
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\O\\Otis\\Otis_388\\Otis_ROW Vacation_2021\\Public Works Submittal Materials\\PC Meeting PW Memo 388
Otis Street Vacation.doc