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Home My WebLink About2025-03-04 Council MeetingnCouncil Business Meeting Agendl ASHLAND CITY COUNCIL BUSINESS MEETING AGENDA Tuesday, March 4, 2025 Council Chambers, 1175 E Main Street Live stream via irvtv.sou.edu select RVTV Prime. HELD HYBRID (in -Person or Zoom Meeting Access) Public testimony will be accepted for both general public forum items and agenda items. If you would like to submit written testimony or if you wish to speak electronically during the meeting, complete the online Public Testimony Form no later than 10 a.m. the day of the meeting. 6:00 p.m. Regular Business Meeting CALL TO ORDER a. Landl Acknowledgement" Il. PLEDGE OF ALLEGIANCE Ill. ROLL, CALL IV., MAYOR'S / CHAIR OF THE COUNCIL, ANNOUNCEMENT a. National Women's History Month Proclamation V. APPROVAL, OF MINUTES a. Minutes of the February 18, 2'025 - Business Meeting VI. CONSENT AGENDA a. Ashland Municipal Code Update — Transportation Advisory Committee Recommendation E-Bike Regulations b. Request of Council to initiate Right of Way Vacation — Fern Street C. Approval of Liquor License for Hlarana Cafe Vil. SPECIAL PRESENTATIONS a. Travel Ashland Report Vill. PUBLIC FORUM 15 minutes — Public input or comment on City business not included on the agenda IX., PUBLIC HEARING a. Appeal (#PA-APPEAL-2025-00020) of Planning Action #PA-T2-2024-00054 a request for outfine plan approval for Kestrel Park Phase Ill, a performance standards option (PSO) subdivision, Site Design Review, variance to driveway width, and tree removal permit request, within the North Mountain Neighborhood Plan area. X. ORDINANCES, RESOLUTIONS AND CONTRACTS a. Second Reading — ORD 3256 An Ordinance Amendment to AMC 2.30 Uniform Administrative Appeals Process Designating the Municipal Court as the Administrative Appeal Body b. Resolution 202'5-02 A Resolution of the City of Ashland Rescinding all Former Memoranda of Understanding in Light of the Passage of Ordinance 3248, which Created the Ashland Parks and Recreation Department Page 1 of Page 1 of 377 nCouncil Business Meeting Agendl XI., UNFINISHED BUSINESS XII. NEW BUSINESS XIII. CITY MANAGER REPORT a. City Manager Report XIV. OTHER BUSINESS FROM COUNCIL ME,MBERS/RE,PORTS FROM COUNCIL, LIAISONS XV., ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Alissa Kolodzinski at 541.488.5307 (TTYphone 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. * Items on the Agenda not considered due to time constraints are automatically continued to the next reguilarly scheduled Council meeting [AMC 2.04.030.(D)(3)] ** LAND ACKNOWLEDGEMENT We acknowledge and honor the aboriginal people on whose ancestral homelands we work —the Ikirakutsurn Band of the Shasta Nation, as well as the diverse and vibrant Native communities who make their home here today. We honor the first stewards in the Rogue Valley and the lands we love and depend on: Tribes with ancestral lands in andl surrounding the geography of the Ashland Watershed include the original past, present and future indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge the Shasta village of Kwakhakha - "Where the Crow Lights"' - that is now the Ashland City Plaza. ***Agendas and minutes for City of Ashland Council, Commission and Committee meetings may be found at the City website, ashlandoregon. gov. Page 2 of iralml;1i", Page 2 of 377 I T Y 0 F H L A N A Proclamation in Honor of National Women's History Month Whereas, American, women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation, in countless recorded and unrecorded ways; Whereas, American, women have played and continue to play critical economic, cultural, and social roles in, every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; Whereas, American, women have played a unique role throughout the history of the Nation, by providing the majority of the volunteer labor force of the Nation; Whereas, American, women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions; Whereas, American, women of every race, class, and ethnic background served cis early leaders in the forefront of every major progressive sociiall change movement; Whereas, American, women have served our country courageously in the military; Whereas, American, women have been, leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, including the peace movement, which created a more fair and just society for all); Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and Whereas, American, women find themselves in a situation, where the gains made through hard work and persistence over many decades are now threatened; NOW, THEREFORE, I, Tonya Graham, Mayor of the City of Ashland, Oregon, on behalf of the City Council, do hereby acknowledge March as National Women's History Month and call upon, the people of Ashland to observe this day with appropriate reflection, learning, and a renewed commitment to the equality of women. In, Ashland we are Better Together. Dated this 4th day of March 2025 Tanya Graham, Mayor Afissai Kolodzinski, City Recorder Page 3 of 377 ASHLAND CITY COUNCIL BUSINESS MEETING MINUTES Tuesday, February 18, 2025 CALL, TO ORDER/ ADOPTION OF HIRING PROCEDURE Dahle called the meeting to order at 3:32. ROLL CALL Decision: 11 move that the City Council adopt the Regular Hiring Procedures as outlined here for the recruitment process for the City Attorney position. Motion: Hansen Second: Bloom oil Call Votei: Councilor Knauer, Dahle, Bloom, Kaplan, DuQuienne, and Hansen. YES. Motion passed. 11. 3:35 P.M. Executive Session Mayor Graham (arrived) 4:10 pm) and Councilors DuQuenne, Bloom, Kahle, Kaplan, Knauer, and Hansen were present. Heather Renschler from Ralph Andersen & Associates, City Manager Sabrnai Cotta, Human Resources Director Molly Taylor, and City Recorder Alissa Kolodzinski, were present. ai. To consider the employment of a public officer, employee, staff member, or inclividual agent pursuant to ORS 192.660 (2)(a). 6:00 PM Business Meeting Council Present: Mayor Graihami, Councilors Knauer, Dahlle, DuQuenne, Bloom, Kaplan, and Hansen. Council Absent: None Staff Present: Sabrinai Cotta City Manager Doug McGeairy Acting City Attorney Alissa Kolodzinski City Recorder Carmel Zahran Assistant City Attorney Marianne Berry Finance Director Chad Woodward Brandon Goldman Climate & Energy Analyst Community Development Director 111. CALL ,TOORDER Mayor Graham called the meeting to order at 6:03 p.m. a. Land Acknowledgement" Councilor Kaplan reaidl the land acknowledgement. 1 14 61*115610111 4:[e] F-11 k' [03 Councilor Hansen led the pledge of allegiance. V. ROLL CALL Motion made to add a topic to the agenda due to timeliness about the City Attorney recruitment. February 18 2025 Page I of 7 Page 4 of 377 lvlod- Kaplan '-'I Call Votei: Councilor Knauer, Dahle, Bloom, DuiQueinnei, Kaplan, and Hansen. YES. Motion passed. Motion made to appoint Johan Pietila as the City Attorney and authorize the Mayor and Council Chair working with appropriate City staff, to negotiate a contingent employment agreement with Johan for future Council consideration. - 62A * *Wle WIN I 1 9 1' M1 1 1 1 1 1 1 I V1. MAYOR'S/ CHAIR OF THE COUNCIL ANNOUNCEMENT 0. Black History Month Proclamation - Graham read the proclamation Vil. APPROVAL OF MINUTES a. Minutes of Jainuary 211, 2025 - Business Meeting Motion made to accept the minutes. Motion: Kaiplan Second: Knauer Roll Call Vote. Councilor Knauer, Dahle, Bloom, DuiQuenne, Kaplan, and Hansen. YES. Motion passed. V111. CONSENT AGENDA a. Ad Hoc Committee on Affordable Childlcare & Early Childhood Development Appointment b. Approval of Liquor License for Nlous Hospitality C. Approval of Liquor License for AJ Smoke & Grocery Store d Liquor License for Southern Oregon Growlers e. Approval of (Liquor License for Vida Baking Co Request to remove item a. from Consent Agenda Motion made to accept the consent agenda minus agenda item a. Motion: DuQuennie Second: Hansen Motion made to approve the appointment of Paula Hyatt and Lynn Ransford to the Ad Hoc Committee on Affordable Childcalre and Early Childhood Development. Discussion: Council thanked the applicaints and highlighted the importance of community participation on committees. lvlooom Second- Dahle '-'I Call Votei: Councilor Knauer, Dahle, Bloom, DuiQueinnei, Kaplan, and Hansen. YES. Motion passed. IX. SPECIAL PRESENTATIONS a. Finance Update - First Quarter FY25 Results (see agenda packet) Discussion: Berry presented) the agenda item. • Berry clarified changes in the LGIP (Local Government investment Pool) and long-term investments • Berry explained that Public Works expenditures appear to be higher than other departments to date clue to timing differences related to invoicing and offered to return with more cletail. February 18 2025 Page 2 of 7 Page 5 of 377 Berry clarified the City's investment strategy in generail and restrictions related to the Tourism Fund in particular. X. PUBLIC FORUM - Citizens Mozina, Brooks, Neiswandler, and Holman spoke about potential conflicts of interest, concerns for the unhoused, concerns over expulsions, and fire safety concerns related to smart meters. XI. PUBLIC HEARING a. First Reading -ORD 3256 An Ordinance Amendment to AAA 230 Uniform Administrative Appeals Process Designating the A4unicioal Court as the Administrative Appeal Body Zahran reviewed the reason for this proposed change to the AMC to promote ai clear separation of duties within the branches of the local municipal government in allowing the Municipal Court Judge to serve as the hearings officer on administrative appeals. Discussion • Zahran clairifiedl with that a non -exhaustive Illist of potential hearings includes utility appeals, abatement hearings, trainsient occupancy tax, marijuana products, business license, dangerous buildlings, park and civil expulsions, camping, inoise permit appeals, and public work denial appeals. Telecom mu nicaition appeals would not change as they are related to land use code and treated distinctly. Cotta clarified the City Manager would continue to be aware of all contexts surrounding any appeals under the new process. Public Hearing Open Neiswandler requested a form be created to assist the homeless population with the appeal process. Public Hearing Closed Decision: Motion made to approve the first reading of Ordinance No. 3256 with the following change'. To 2.30.020 Section Cto state'Appeals Fee will' set by Resolution by the City Council.' 77-TRI-195 M11 I - , . . R .. Roll Call Vote: Councilor Dahle, Bloom, DuiQuenne, Kaplan, and Hansen. YES. Knauer, NO. Motion passed. Direction given to staff to review the various appeails processes to ensure they are clear and accessible to the unhoused population; and to ask the municipal court judge to include any appeals in his regular monthly report. XII. ORDINANCES, RESOLUTIONS AND CONTRACTS a. Second Reading -ORD 3245 An Ordinance Terminating Specified Commission and Re- establishing A MC Chapter 213 to create Advisory visory Committees McG,eary reviewed changes from first reading that include the correction to format, ex-officio definition moved to provide an overarching definition, and PAAC language corrected as reflected in the packet. Decision: Motion made to adopt Ordinance No. 3245, as revised and stated an ordinance terminating specified commissions, renaming the Municipal AudlitCommiss,ion to the Municipal Audit February 18 2025 Pago 3 of 7 Page 6 of 377 Committee, and re-estab lishi ng AMC Chapter 2.13 to create City Cou nci I and Management Advisory Committees. Second: Hansen I # # 0 � I I � I I Eamff= b. Second Reading -ORD 3248 An Ordinance to Establish and Clarify the Structure and Governance of the Parks and Recreation Department McGeary reviewed changes made from the first reaidling: addling under 2.28.630 Section D. to include discussion between the Parks Commission Chair and City Manager for any potential disagreements between the Parks Director and City Manager; corrections to the referenced names of the department, commission, and director throughout the ordinance; andl moving termination of Parks Director from 2.28.640 Section B and incorporated in Section 2 as listed in the paicket. Discussion: * McGeary clarified final authority is the City Council for terminaition of the Parks Director and is dlelegaited to the Parks Commission if terminated in a public meeting. Public Comment Mike Gardiner - requested a question be asked regarding APRC's requested changes to 2.28.650 Section D regardling the budget authority. • Council discussed and McGeary provided clairification on the language included and/or excluded in the ordinance specifically related to the Commission's budget masking authority. Decision: Motion made approve second read inig of Ordinance No 32,48, An Ordinance to Esta bi is h and Clarify the Structure and Governance of the Parks and Recreation Department as read by the City Atto,ney. Motioni Hansen Second Bloom Alfayor Graharn called for a 7 minute break - nneettnp resumed at 7-461 c. Second Reading -ORD 3254 An Ordinance Amending AMC Title 9 Health Ord Sanitation Creating Chapter 9.45 Carbon Pollution Impact Fee and Establishing Standards for a Carbon Pollution Impact Fee for New Residential Structures in the City of Ashland' Cotto spoke thait there are no substantive changes since the first reaidling. Cotta and Woodward were available for questions. Public Comment The following individuals spoke in support of passing Ordinance 3254. Alan Journet Bryan Sohl Anne Pernick Eli Spevaik Kierai Retiz Susie Garcia Caleb Heeringa Asa Oaiks Jess Grady Shayne Hayes Aldan Larcombe Diane ware Flavio Franco Jackson Bangs Caren Caldwell February 18 2025 Page 4 of 7 Page 7 of 377 Maroun Aguero on behalf of Mark Knox Piper Banks Princess Franks Leah Samelson Torah Doyle Erin O'Kelley Muck Rook Howes Laura Lawrence Lilli Mailan Charlie Zimmermann Ann Gaffney Sophie Schnubbe Stellar Sigalove The following individuals spoke in opposition of the passing Ordinance 3254. Steve Vincent Albert Nicholsen Rob Bates Mark Culp Brad Archuletai Paul Mozina Bryan Oguri Lucretia Smith Ben Carrier, Timothy Dolan, Amy Brown, and Russell Phillips did not speak Council clarified this ordinance was developecl from years of lengthy public discourse, and is applicable to new construction only, and does not ban gas. Decision: Motion made to adopt Ordinance No. ORD 3254 An Ordinance Amending AMC Title 9 Health and Sanitation Creating Chapter 9.45 Carbon Pollution Impact Fee and Establishing Standards for a Carbon Pollution Impact Fee for New Residential Structures in the City of Ashland and direct staff to allocate any and all revenue generated from this ordinance to the Ashland Low Income Energy Assistance Program within the Electric Fund. • Hansen spoke that he owns a local Solar Company which could be perceived as a conflict of interest, but he can vote without prejudice. • Council discussed the language of the ordinance related to the motion made to ensure fees would be able to be applied as intendledi. EM« «I=* � M411 I �11 2119 12111-91 0 101'-IlRi I k' I a. 2200 Ashland Street Facility Plan Ad Hoc Committee Cotta clarified this is about a ineww ad hoc committee dlistinct from the previous one of similar name. Di-'ni lqqinn- * The committee would meet once a month for about six months with a fixed goal • Staff are working on a Design/Build Request for Proposals (RFP) for the Building Plan to include council-directecl features such as shower, laundry, storage, expanded restrooms, etc. with construction to be completed by November to be ready for the winter season • The intended use of the building is as a severe weather shelter • Concern about staff ability to support an additional committee with additional staff liaison • Committee would assist the city with the creation of a code of conduct, site rules, and policies among other outcomes as outlined in the agenda packet • The committee start date was discussed related to staffing and current projects February 18 2025 Page 5 of 7 • Discussion on what aspects of the building and/or site plan that the committee would be involved in and the risk of slowing down the process to get the upgrades to the building as directed by Council • Cotta clarified that a Management Advisory Committee (MAC) could function more quickly with indlividluals who are experts in their area along with community members Public Comment Neisewander - spoke of her experience on the original 2200 Ad Hoc Committee and the $26,000 spent on that committee. She would not like to see that much spent again given all the other fundls requests. Decision: Motion made for the creation of an additional ad hoc for 2200,Ashland Street to develop a site plan for the property. Motion: Bloom Second: DuQuenne Roll Call Vote. Councilor DuQuenne, Knauer, Kaplan, and Hansen YES. Dahle O. Motion passed. b. Request to Withdraw Affordable Housing Trust Fund RFP to Allow for Strategic DiSCUSSion Regarding How Best to Invest the Funding Discussion: Graham spoke about her reasons for bringing this item forward • The meeting stated in the proposed motion would be to dliscuss this at the Council retreat • Opportunity to review the process that has not been reviewed in a number of years • Once a strategy has been developed,, the funding process (RFP) may or may not change • Council discussed benefits of staff involvemient to develop this strategy to be an item at the March I Counciill retreat. = 01 ffol 130TOTA"A re"s V an Rich Rohde - spoke on the hiistory of the Housing Trust Fund developed in coordlination with a specialist designed to take the City Council out of the dliscussion and leave it to the community through committee to determine the best use. Urged Council to keep the current RPF process. Decision: Motion made to direct staff towithdraw the 2025 Affordable Housing Trust Fund Request for Proposals and schedule a meeting process that allows the City Council to develop a focused strategy for investment of these funds consistent with the Affordable Housing Trust Fund Policy Motion: Bloom Second: Knauer Roll Call Vote., Councilor Dahle, Bloom, DuQuienne, Knauer, Kaplan, and Hansen YES. Motion passed. r4 ky� k' I ATITA -11kH I k, [ ai Grandview Terrace Annexation and Site Review Fee Waiver Request Discussion: Goldman introduced the topic as laid out in the agenda packet. Public Comment Bob Kendrick of Casita Development explained the reason for requesting this fee waiver for this development due to fees previously paid. February 18 2025 Page 6 of 7 Page 9 of 377 Decision: Motion made to approve a fee waiver in the amount of $26,876 for the Grandview Terrace development at 1511 Highway 99, recognizing that this amount corresponds to the full fees previously paid for the prior applications. Motion: Hansen Second: DuQuenne Roll Call Vote: Councilor Knauer, Bloom, DuQuenne, Dahle, Kaplan, and Hansen: YES. Motion passed. b. Affordable Housing RfPlssuanceApproval-Beach Creek Properties Discussion: Goldman introduced the topic. Council discussed ensuring the alignment objectives and evaluation criteria are consistent through the RFP to properly encourage affordability. • Would like to see adldledl to the requirements of the proposal if the developer intendls to purchaise one or more lots, or seeks the property to be granted or providled at a reduced cost. • Appreciation expressed to staff for their work on this Decision: Motion made to direct the City Manager to approve andl issue a final Request for Proposals (RFP) for the development of six City -owned residential lots within the Beach, Creek Subdivision as affordable housing, following review and amendments by the Ashland Legal Department as necessary, and to proceed accordlinig to the proposed timeline outlined in the RFP. Motion: Bloom Second: Daihle Roll Call Vote: Councilor Dahle, Bloom, Kaplan, DuQuienne, Knauer and Hansen. YES. Motion passed. Amendment: Direct staff to include in the requirements of the proposal and in the evaluation criteria appropriate handling of costs that the developer intends to pay. Motion: Kaiplan Second: Dahle Roll Call Vote: Councilor Dahle, Bloom, Kaplan, Hansen, DuQuenne and Knauer. YES, Motion passed. V. CITY MANAGER REPORT XVI. OTHER BUSINESS FROM COUNCIL, MEMBERS/REPORTS FROM COUNCIL LIAISONS XVII. ADJOURNMENT The meeting was adjourned at 9:35 p.m. City Recorder Alissa Kolodzinski Mayor Tonyo Graham February 18 2025 Page 7 of 7 Page 10 of 377 Council Business Meeting �D�ate:: March 4,2D25 Agenda Iteim Ashland Municipal Code Update — Transportation Advisory Committee Recommendation E-Bike Regulations From Scott Fleury, Director Contact scott.fleury@ashland.or.us SUMMARY At the December 19, 2024 the Transportation Advisory Committee JAC) discussed E-bikes, micromobility devices and their associated local and statewide reguilations. The TAC is recommending to Council they be authorized to review Ashland Municipal Code (AMC) TlWe 11 to recommend changes that incorporate appropriate E-bike and micmomobi|itydevice regulations. POLICIES, PLAN�S & GOALS SUPPORTED Quality cflife that underpins the CNy'seconomic vibrancy Excellence ingovernance and City services Quality infrastructure and facilities through timely maintenance and community investment BACKGROUND AND ADDITIONAL INFORMATION The TAC had mulltiple discussions in late 2024 regarding E-bike safety and development of specific regulations, reference attached meeting minutes. During the December meeting discussion, the TAC motioned to recommend to Council that staff time be utilized to develop updated Municipal Code language regulating E-bikes specifically, but mmiorommobi|itydevices ehouUd also be considered. December 1g.2D24TACMeeting Motion: Motion byBnouiU|omd.2mu byDahUe,"The Transportation Advisory Committee recommends the Council request staff investigate municipal code development regarding E-Bike megu|mtionm"- All approved. Aepart oftheir approved workplan, the TAC willi also be pursuing education and outreach measures associated with E-bike safety and current state restrictions/regulations. This will incIlude coordinating with the new Safe Routes to School regional coordinator, developing brochures and informational items that can be posted on the Cityvvebeite.withintheutiUitybi|UingflyerandUooa|bikeehope.TheRogueVaUeyTmoneportaUonC)ietrict(RVTD) iealso interested inpartnering with the City oneducation and outreach aathey teach and E-bikeclass onnuaU|y. FISCAL IMPACTS Fiscal impacts are associated with the necessary staff time todevelop Municipal Code updated language and bring forward to Council for consideration. Public Works staff would expect to coordinate with the Legal Division and the TAC on code language and hold a public hearing at a TAC meeting to take initial comment on any proposed megui|oUonaprior tobringing itbefore the City Council. SUGGESTED ACT'ION�S, MOTIONS, AND/OR OPT'ION�S Umove toaccept the TAC'srecommendation and direct staff tobegin the process cfdeveloping updated municipal code regulations regarding E-bikes and micromobility devices. REFERENCES & ATTACHMENTS 1. AMC TitIle11 2. Eugene E-BikeRegulations Page scfz Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 1 of 29 Title 11 kyj 4 : 118111 Mr."I 011 Ilk 1 0171.11 a a ro Chapters: 11.04 Adoption of State Law 11.08 Definitions 11.12 Traffic Control 11.16 General lRegu:lations 11.20 Signs And Signals 11.22 Vehicle Chains (Required 11.26 Parking Regulations 11.4,0 Parades And Processions 11.44 Pedestrians 11.52 Bicycles 11.54 Skateboards 11.60 Truck Routes Chapter 11.04 ADOPTION OF STATE LAW Sections: 11.04.010 Adoption of State Motor Vehicle Laws 11.04.010 Adoption of State Motor Vehicle Laws The Oregon Vehicle Code, being Chapter 8,01 through and including 822 of the Oregon Revised Statutes, are hereby adopted in full. (Ord. 2376 § 1, amended, 1985; Ord. 2329 § 1, amiendled, 1984; Ord. 1557 § 1, amended, 1968) Chapter 11.08 DEFINITIONS Sections: 11.08.010 Definitions - Generally The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 12 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 2 of 29 11.08.020 Alley 11.08.030 Bicycle: 11.08.040 Bus stand 11.08.050 Cu rb 11.08.060 Holidays 11.08.070 Loading zone 11.08.080 Block 11.08.090 Parkway 11.08.100 Passenger loading zone 11.08.110 Pedestrian 11.08.120 Person 11.08.130 Stop 11.08.140 Taxicab stand 11.08.010 Definitions - Generally Except where the context cleairly indicates a, different meaning, the words and phrases in this Title 11 hiave the meanings ascribed to them in, the following sources aindl, in the event of differing definitions of particulair words or phrases, in the following order of priority: (1) the motor vehicle laws of Oregon; (2) this Section 11 08.01 0; or (3) common usage. (Ord. 3122, amended, 2016; Ord. 1557 § 2 (pairt), amiendledl, 1968) A. "Abandoned vehicle" means any vehicle that hias been deserted or relinquished without claim of ownershiip. A vehicle shall be considered abandoned if it hias remained in the same location for more than 72 hours and one or more of the following conditions exist: 1. The vehicle has ain expired registration sticker or trip pert -nit affixed to it; 2. The vehicle appears to be inoperative or disabled; or 3. The vehicle appears to be wrecked, partially dismantled or junked). B. "Block" means a segment of street bounded by consecutive cross streets or intersecting streets or land designated as a block on any recorded subdivision map. In addition, "block" also means the Plaiza, airea, bounded by and includling, East Main Street, North, Main Street, and Winburn Way. For purposes of thiis definition, an alley is not a street. C. "Block Face" means one side of a particular block, but not the opposite side. D. "in Front of or Contiguous to" means the right-of-way directly in front of and on the same side of the street of the real property of the vehicle owner or the owner's designee and also includes 22 feet in, ainy dlirection from the point where the lot line of such real property intersects the righit-of-way. "Contiguous to" ailso means in the nearest The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 13 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 3 of 29 parking bay in, the right-of-way in either dlirection and on either side of the street from, tile real property of tile vehicle owner or the owner's designee. "Owner's designee" rneans thiait person responsible for placernent, or aillowing for or assisting in, the placemient of the subject vehicle. E. "Official" or "officially" means established by the City, state, or federal government or its designee acting to create, authorize or permit according to its lawful authority; F. "Owner" or "owner of a, vehicle" means the person listed as the owner of a vehicle in the records of a, state department of transportation. G. "Oversized Vehicle" means any vehicle, whether motorized or nonrnotorized, that exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused by any accessory, with the exception of side view mirrors, trailer hitches or roof racks, attached to such vehicle shall be considered part of the measured distaince. As used in Title 11, the term "oversized vehicle"` includes all buses, tractors, semi -trailers, motor coaches, trailers, campers, caimper-trailers, 1`10UIse-cars, trailer coaches, trailer houses, motor hornes, boats horse trailers, mobile homes, utility trailers, and other eClUiprnent or machinery, or other recreational vehicles regardless of width, length or height. AS used in Title 11, tile term "oversized vehicle" excludes automobiles, pickup trucks, sport utility vehicles and passenger vans that would not exceed 92 inches in height but for afterrnarket suspension, systern modifications or oversized tires. H. "Parking Violation" means violation of any parking prohibition, limitation or regulation of tile City of Ashland or the State of Oregon. "Personal Vehicle" m,eains a vehicle other than a Commercial Vehicle as defined in, ORS 801.210. "Rental or Leasing Company" rneans any person engaged in the business of renting or leasing motor vehicles to the public. K. 'Vehicle" means any device, or substantial component thereof, that is propelled or powered by any means in, upon, or by whiich a person or property is or may be transported upon a public highway, including trailers and campers. 11.08.02,0 Alley Means a narrow street through the middle of a block. (Ord. 1557 § 2(1), amencled, 1968) 11.08.030 Bicycle Means a device propelled by human power Up011 which, a, person miaiy ride, having two (2) or more tandern wheels either of which is over twenty (20) inches in diameter. (Ord. 1557 § 2(2), amended, 1968) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 14 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 4 of 29 11.08.040 Bus stand Means a fixed airea, in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers. (Ord. 1557 § 2(3), amended, 1968) 11.08.050 Curb Means the extreme edge of the roadway. (Ord. 1557 § 2(4), amended, 1968) 11.08.060 Holidays Where used in thiis chapter or on signs erected in accordance with this chapter, means Sundays, New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other legal holiday designated as such by the statutes of the state. (Ord. 1557 § 2(5), amended, 1968) 11.08.070 Loading zone Means a space adjacent to a Curb reserved for the exclusive Use of vehicles during the loadling or unloa,dling of passengers or rnaterial or freight. (Ord. 1557 § 2(6), amended, 1968) 11.08.080 Block A segment of a street bounded by consecutive cross streets or intersecting streets or land which is designated as a block on any recorded subdivision map. Notwithstanding the above, for purposes of Chapter 11.26 a block shiall also include the plaza airea, bounded by and including, East Maiin Street, North Main Street, and Winburn Way. (Ord. 2967, amended, 10/07/2008) 11.08.090 Parkway Means thiat portion of a street not used as a roadway or as a sidewailk. (Ord. 1557 § 2(8), arnended, 1968) 11.08.100 Passenger loading zone Means a loading zone reserved only for the loading or unloading of passengers and their luggage. (Ordl. 1557 § 2(9), arnended, 1968) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 15 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 5 of 29 11.08.110 Pedestrian Means a person on foot. (Ord. 1557 § 2(10), arnended, 1968) 11.08.12,0 Person Means a natural person, firm, partnership, association, or corporation. (Ord. 1557 § 2(11), arnended, 1968) 11.08.130 Stop Means complete cessation of movement. (Ord. 1557 § 2(12), amended, 1968) 11.08.140 Taxicab stand Means a fixed airea, in the roadway adjacent to the Curb set aside for taxicabs to stand or wait for passengers. (Ord. 1557 § 2(13), amended, 1968) Chapter 11.12 I I :?-A a a 1416101 ki Sections: 11.12.010 Powers of City Council 11.12.020 Adoption of traffic regulations 11.12.030 Existing signs and signals 11.12.040 Authority of police and fire officers 11.12.050 Temporary blocking or closing of streets 11.12,.010 Powers of City Council A. After approval by the State Highway Commission where such approval is required by the rnotor vehicle laws of Oregon and for the best use of the streets in the public interest, the council may designate by resolution the following traffic controls which shall become effective, UpOni installation of aippropriaite traffic signs, signals, markings, or other devices: 1. through, streets; The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 16 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 6 of 29 2. One-way streets; 3. Truck routes; 4. Streets where trucks, machinery, or other large or heavy vehicles exceeding specified weights shall be prohibited. Such, vehicles may, however, be operated on such, streets for the purpose of delivering or picking up materials or merchandise, but then, only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route. B. Except when contrary to state law, if it appears that the public safety or welfare does not reClUire the installation or rnaintenance of a traffic sign, signal, miairking, or other device or will be better served by the removal or alteration thereof, the council by resolution miaiy forbid the installation or order the rernoval or ailteration of any traffic signs, signals, markings, or other device that is proposed or installed under Section 11.12.020. Such traffic controls shall become inoperative or modified only when removed or altered. (Ord. 1557 § 3, amended, 1968) 11.12,.02,0 Adoption of traffic regulations A. In making the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic, the City Manager is authorized to provide aippropriaite and reasonable regulation of the claisses of traiffic signs, signals, markings, and other devices described in subsection, B of thiis section, for the streets, sidewalks, and other public property of the City as are appropriate for the public safety, convenience and welfare. Subject to approval by the State Highway Commission where Such approval is requiredi by the motor vehicle laws of Oregon, the City Manager shall base his determination only upon: Traffic engineering principles and traiffic investigations; 2. Standards, limitations, and rules promulgated by the State Highway Commission; and 3. Other recognized traiffic control standards. B. Pursuant to subsection, A of this section, the City Manager may establish,, rnaintain, remove, or alter the following classes of traffic controls: Street aireais and City -owned or leased land upon which parking may be entirely prohibited or prohibited during certain hours, and the angle of such parking; 2. The location and time of operation of traffic control signals; 3. BUIS stops, bus stands, taxicab stands, any other passenger common, carrier vehicle stands; 4. The location of passenger loading zones for use in, connection with the hotel, auditorium, theater, church, school, or public building; 5. Loa,dling zones for cornmercial purposes; The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 17 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 7 of 29 6. Intersections or areas where drivers of vehicles shall not miaike right, left, or U-turns, and the time when the prohibition applies; 7. Crosswalks, safety zones, parking spaces, traiffic lanes, and other syrnbols; 8. Traffic control signs; and 9. All other signs, signals, markings, and devices required to implement traffic and parking controls enaicted by the, Council or required by State law or regulation. C. Pursuant to subsection A of this Section, the City Manager may provide for temporary, experimental, or emergency traffic regulation that shall not remain in effect for more than thirty (30) clays. N�o temporary, experimental or emergency regulation is effective until adequate traffic signs, signals, markings, or other devices are erected, clearly indicating the regulation. D. The City Manager shall not remove or alter a traffic sign, signal, marking, or other device if this act would be contrary to State law or ordinance. If a, traffic sign, signal, marking, or other device is installed under authority of a resolution of the Council, the Council shall first approve, by resolution, any chainge or alteration, by tile City Manager. (Ord. 3192, arnended, 111/17/2020; Ord. 2361, amended, 11985; Ord. 1557 § 4, amencled, 1968) 11.12,.030 Existing signs and signals All official traffic signs and signals existing at the tirne of the enactment of the ordinance codified in this chapter, such as stop signs, caution signs, slow signs, no -reverse -turn signs, signs clesignaiting time limits for parking or prohibiting parking, lines painted or marked on streets or Curbs designating parking aireais or spaces, markers designating loading zones, pairking meters, and all other officiail traiffic signs or signals erected, installed, or painted for the purpose of directing, controlling and regulating traffic are aipprovedl. (Ord. 1557 § 5, amiendledl, 1968) 11.12,.040 Authiorityof police and fire officers A. It shall be the duty of the Police Department through its officers to enforce this title. B. In the event of a fire or other emergency, officers of the Police Department may dlirect traffic as conditions may require to expedite traffic or to safeguard pedestrians, notwithistainding other provisions of thiis title. C. When at the scene of a fire, mernbers of the fire department may direct or aissist the police in dlirecting traffic. (Ord. 1557 § 6, arnended, 1968) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 18 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 8 of 29 11.12,.050 Temporary blocking orclosing of streets A. Notwithstanding other provisions of this title, the council miaiy authorize and direct the City Manager, or designee, is delegated authority by Special Order to temporarily block or close a, City street to traffic and prohibit its use when dleemed necessary for ainy of the following reasons: 1. To prevent dlisturbing and interfering with, parades, dances, races, or other celebrations on the street when, such, ternporary use hias been reviewed and approved by the Public Works Director, Police Chief and Fire Marshial; 2. To redluce traffic congestion, or noise whiich disturbs a theatrical, sport, religious, or other event where a substantial number of people hiave congregated; 3. To aissist in an emergency. B. The street shall be blocked or closed by the use of signs, barricades, personal dlirections of police officers, or other means whiich would inform, the general public thiait the street is closed or blocked. (Ord. 3192, amiendledl, 11/ 17/2020; Ord. 3027, amended, 08/03/2010) Chapter 11.16 [CI 4 J1 I �4 ;fILI 4 ;j :[CII] WA AtUepkp Sections: 11.16.090 Boarding or alighting from vehicles 11.16.110 Unlawful riding 11.16.120 Clinging to Vehicles 11.16.140 Skis on streets 11.16.150 Damaging sidewalks and curbs 11.16.160 Obstructing streets 11.16.170 Failure to remove glass and debris 11.16.090 Boarding or alighting from Vehicles No person, shall board or alight from a vehicle while the vehicle is in, motion. Boarding or alighting from vehicles is a Claiss 11 violation. (Ordl. 3027, amended, 08/03/2010) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 19 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 9 of 29 11.16.110 Unlawful riding No person shall ride on a vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an, employee engaged in the necessary dlischiarge of a duty, or to a person or persons riding within truck bodies in spaice intended for merchandise. Unlawful ridling is a Class 11 violation. (Ordl. 3027, amended, 08/03/2010) 11.16.12,0 Clinging to Vehicles No person ridling Upon a bicycle, motorcycle, coaster, roller skates, sled, or toy vehicle shall attach, the same or himiself to a, moving vehicle upon the streets. Clinging to vehicles is a Claiss 11 violation. (Ord. 3027, amencled, 08/ 03/2010,) 11.16.140 Skis on streets No person shall use the streets for traveling on skis, toboggans, sledls or sirnilar devices except upon play streets. Skis on streets is a Claiss IV violation. (Ord. 3027, amended, 08/03/20,10) 11.16.150 Darnagingsidewalksand) curbs A. The driver of a, vehicle shall not drive upon or withiin a, sidewalk or parkway airea, except to cross at a permanent or temporary driveway. B. No person shall plaice dirt, wood, or other rnaterial in the gutter or spaice next to the curb of a street with the intention of using it as a driveway. C. No person shall remove or damiaige a portion of a Curb or move a heavy vehicle or thing over or upon a Curb or sidewalk without first notifying the City M�ainaiger. D. Damiaging sidewalks and Curbs is a Class I violation. In addition to any penalties imposed, the court shiaill order payment of restitution. (Ord. 3192, amended, 111/17/2020; Ord. 3027, amended, 08/03/20110) 11.16.160 Obstructing streets No person shall park or leave upon a, street, including an alley, pairking strip, sidewalk, or curb, a vehicle or a vehicle pairt, trailer, box, ware, merchandise of any description, or any other thing that in anyway impedes traffic or obstructs the view, except ais is allowed) by this title or any ordinances of thiis City. (Ordl. 11557 § 43, amended, 1968) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 20 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 10 of 29 11.16.170 Failure to remove glass and debris A pairty to a, collision or other vehicular accident or any other person causing broken glass or other debris to be upon a street shall immediately remove or cause to be removed frorn the street aill glass and other debris. Failure to remove glass and debris is a Class IV violation. (Ord. 3027, arnended, 08/03/20,10) Chapter 11.20 SIGNS AND, SIGNALS Sections: 11.20.040 Private Marking Unlawful 11.20.040 Private Marking Unlawful No person shall letter, mark, or paiint in any manner letters, marks, or signs on a, sidewalk, curb, street, or ailley, or post on a, pairking strip anything designed or intended to prohibit or restrict pairking in front of a sidewalk, dwelling house, business house, or in any alley, except in compliance with this Title. Street name signs designating privately owned streets, alleys, or driveways, m,ay only be erected if authorized by the City Council. Location, graphics, color, miaterials, and height shall be to City standards as approved by the Director of Public Works. The Director Of Public Works m,ay allow painting of yellow curbs clesignaiting no parking zones at private driveways to standards established by the Director of Public Works. A permit must be obtained frorn the Department Of Public Works prior to instaillation of said yellow curb. The property owner to whom the permit is issued is responsible for maintaining the yellow curb in good and visible condition. Private rnarking is a, Class I violation. (Ord). 3027, amencled, 08/03/2010) Chapter 11.22 VEHICLE CHAINS REQUIRED Sections: 11.22.010 Definitions 11.22.020 Failure to Carry Chains 11.22.030 Penalty The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 21 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 11 of 29 11.22,.010 Definitions A. Chains. link chains, cable chains or any other devices that attach to the wheel, vehicle or outside of the tire and that augment the traiction of a vehicle. B. Commercial Vehicle. a vehicle thiat is used for the transportation of persons or property for compensation or profit, or that is used in conjunction with a business and the commerciail vehicle weights 10,000 pounds or more. Commercial vehicle also includes all school buses, regardless of whether the school for which the bus trainsporting students is public or private. (Ord. 2996, added, 10,/20/2009) 11.22,.02,0 Failure to Carry Chains A person commits the offense of failure to carry vehicle chaiins if the person dlrives or moves, or causes or knowingly permits to be dlriven or moved a commerciail motor vehicle on any public way within, the City, without carrying vehicle chains, when Interstate 5 is posted ais requiring vehicle traction tires or chains to be carried or used to proceed over the Siskiyou Mountains. (Ord. 2996, added, 10,/20/2009) 11.22,.030 Penalty Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Mlunicipal Code. Violation of this section is a Class III violation. If a violation is deerned to have interfered with ernergency services from responding to a call, the violation is a Class I violation. (Ord). 3137, amended, 2017;,Ord. 3027, amencled, 08/03/2010) Chapter 11.26 J:J1LJ :4 ['4 1► :4 P :[CJLJJ WA - Nffe P Sections: 11.26.010 Application of State law 11.26.020 Prohibitions 11.26.030 Exceptions to Prohibitions 11.26.040 Obstructing Enforcement 11.26.050 Abandoned Vehicles 11.26.060 Storing Vehicles 11.26.070 Loading Zones 11.26.080 Buses or Taxis 11.26.090 Penalties The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 22 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 12 of 29 11.26.100 Restricted Parking Areas, Hours and Limits 11.26.1110 Penalties, Immobilizers Installation, Towing, Warning Letter, Show Cause, and Warrants 11.26.010 Application of State llaw The reClUirernents in, thiis Chapter 11.26 are to be applied in conformance with ORS 221!.275, ORS 221.277, ORS 221-285-287, and ORS 221!.333, which are incorporated herein by reference. 11.26.02,0 Prohibitions In adldition to the parking prohibitions in the rnotor vehicle laws of Oregon, no person shall: 1. Except where the street is rnarked or where officiailly indicated otherwise, stand or park a vehicle in, a, street other than parallel with the edge of the roadway, headed in, the dlirection of lawful traffic movement, and with the Curbside wheels of the vehicle within 12 inches of the edge of the curb or, if no curb, as close ais possible to the edge of the shoulder; 2. Pairk on a street or in a City pairking lot in a manner or at a, time prohibited by official signs; 3. Pairk on a street or in a City pairking facility longer than the time specified by applicable official pairkiing signs: The period of tirne so specified shall begin when the vehicle is parked in a particulair limited time zone on a particular block farce, and b. The period shall be terminated when the vehicle is moved and parked on a different block face, at which time a new period shall begin ais stated in, subsection 3.ai of this section; 4. Pairk so ais not to be entirely within the painted lines of a, single parking space; 5. Pairk within, an, airea, marked off by traffic markers or by painted curb or pavement; 6. Pairk within, 10 feet of a fire hydrant or within 30, feet of a fire station; 7. Pairk in a street intersection, including the area Used for crosswalks, or upon a sidewalk, or upon a bicycle path; 8. Pairk upon a bridge, viaduct, or other elevated structure used as a street, or within a street tunnel, or upon any parkway, unless marked or indlicated by official signage otherwise; 9. Pairk across or withiin the entrance to ain ailley or dlriveway; The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 23 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 13 of 29 10. Park in an alley, except to load and unload persons or rnaterials for not longer than 20 consecutive minutes in any two-hour period; 11. Park in an unimproved portion of the front setbaick of any structure in, any residential zoned dlistrict; 12. Park on any public right-of-way with expired vehicle registration; 13. Park on any public right-of-way with the principal purpose of: Displaying the vehicle for sale; b. Washing, greasing, or repairing the vehicle, except repairs necessitated by ain emergency; or c. Selling merchandise frorn the vehicle, except in, an, established marked plaice or when, so authorized or licensed under the ordinances of this City; 14. Park, stand or stop a, truck or bus on, a public street or in a public pairking area with, its engine running, if such engine emits exhaust fumes into the a,ir. Vehicle engines shall be turned off when loading and unloading passengers or merchandise. This subsection shall not apply to: a. An engine running for less than five minutes; b. A vehicle in the moving traffic lane waiting to move with the normal flow of traffic; c. An engine needed) to operate equipment used to load or unload rnerchandise; or d. Emergency vehicles, utility comipainy vehicles, or any construction, and maintenance vehicles which, have engines that must run, to perform needed work; or 15. Use a, pairking lot owned by the City for purposes other than parking of a vehicle ais defined in ORS 801.590 unless otherwise permitted by special use permit issued by the City (Manager's Office. (Ordl. 3192, amended, 11 /17/ 2020; Ord. 3141, amiendledl, 04/18/2017) 11.26.030 Exceptions to Prohibitions Notwithstanding prohibitions stated in, Section 11.26.020, parking prohibitions do not apply: On clays or in areas City Council has designated by resolution as exemipt frorn posted parking tirne limits; 2. To official City, state or fedlerail vehicles necessarily in use for construction or repair work, or to a, vehicle with a Special Pert -nit for Delivery, Maintenance or Construction or to federal or private vehicles primarily used for the collection, transportation, or delivery of mail and parcels; 3. To vehicles used in official public improvement projects in, accordance with the termis of a public contract or officiail permit. The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 24 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 14 of 29 11.26.040 Obstructing Enforcement No person shall erase, remove or otherwise conceal any mark made on, a, motor vehicle tire by a, person acting withiin authorization by the City to enforce any provisions of Chapter 1! 1.26. 2. No person shall discard, mutilate, or destroy any summons or complaint or citation formally issued for violation of any provisions of Chapter 11.26, if the matter complained) of has not been, finally resolved by the court having jurisdiction over the Summons or complaint. 11.26.050 Abandoned Vehicles 1. It is unlawful to park, store, leave, or permit the parking or storing of an, abandonedi vehicle upon arty public or private property within, the City for a period of time in, excess of 72 hours, unless the vehicle is (1l) cornpletely enclosed within, a buildling; or (2) stored in, connection with a lawful business enterprise allowed) to store such vehicles outside. 2. If the owner of an, abandoned vehicle or the private property owner or lessee responsible for placernent, or allowing for or assisting in the placement of the subject vehicle in, front of or contiguous to his or her real property fails to remove the vehicle after notice is provided as required in ORS 819.170, then, the Chief of Police or the Chiefs designee may tow the vehicle and dispose of it in accordlaince with, ORS, 819.11 0(1)(a), 819.110(2)-(5) and ORS 819.120 through ORS 8119.280. 11.26.060 Storing Vehicles Except ais otherwise providledl, no person, owning or controlling an oversized vehicle shall cause or permit it to be parked within any public right-of-way for longer than 24 consecutive hours. An Oversized vehicle may be legally parked on a public right-of-waiy in front of or contiguous to the vehicle owner's dwelling, providledl it meets aill of the following criteria,: A. Is not parked for more than 72 hours; B. Does not constitute a hazard to traffic on public streets; C. Does not restrict vision of motorists on a public street; D. Does not obstruct view from any other property; E. Has a currently valid license or registration; F. Is operable, includling adequate tires; and G. Is attached to a, vehicle if required for movement of the oversized vehicle. The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 25 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 15 of 29 b To comply with, the 3Zhour time restriction, an, oversized veWdemust bemoved more than 1OOfeet frorn the parked location at which the 72 hour time period hias expired. 2. It is unlawful for any person, to park or store any personal vehicle on ainy public right-of-waiy: For more than 72 hours, and In a manner that results in the accumulation of debris around or under the veh,icle or in a conclition that prevents it from being driven, including fl�ait tires; or ii. The personal vehicle isbeing used primarily asacontainer for the storage ofpersonal iternsinoron, the vehicle. 11.26.070 Loading Zones 1. N�operson shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery orpickup and loading ofrmateha|s, freight, orpassengers in, aplaice designated asa|oading zone during the hours when the provisions aipplicable to loading zones are in effect. A stop for loading and unloading of passengers and personal baggage must not exceed 5 minutes. A stop for loading or unloading of rmateria|smust not exceed 15minutes. 2. N�operson shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in a place designated as a, passenger loading zone d�uring the hours when the provisions aipplicable to passenger loading zones are in effezt 11.26.080 Buses or Taxis The driver of a bus or taxicab shall not stand or pairk the vehicle upon a street in a business district at a place other than atabus stand, except thist thiis provision shiall not prevent the driver of a taxicab from, temporarily stopping for the purpose of and while actually engaged in, the loading or unloading of passengers or from, parking in cornpliance with, sections 11.26.020 through 11.26.030 of thiis chapter. 11.26.090 Penalties Violation ofany provision, within �1.26.010�o11.2Q�90�a[bssUv�|a�on pmm�hab|einaccordance v«�hAMC 1.08.020,and the veh,icle is subject to the methods for impounding, appeail, and �isposition as provided under The Ashland Municipal Code is current thro,ugh Ordinance 3243, passed September 17, 2024. Page 26 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 16 of 29 11.26.10�O Restricted Parking Areas, Hours and L~m,^ts Pardngareas, effective hours, and time limits shall be established bvtraffic regulations promulgated and published by the City Manager as authorized in section 11.12.010 to 11.12.050. 2. City Parking Lot. Pardnginany parking lot owned bvthe City shall bcrestricted and controlled under the authority of the City Manager. (Ord. 31192, amended, 11 /17/2020,) 11.26.110 Penalties, I rnmobi lizers Instal l�ation, Towing, Warn inig Letter, Show Cause, and Warrants After the City posts a, notice of violation, on, the vehicle parked in violation, of thiis chapter, the owner or operator of avehicle issubject tothe fines and other penalties provided inthis chapter, and such vehicle issubject tothe methods for impounding, appeal, and disposition as provided Under ORS, 819.110 - ORS 819.28,0,orasmay otherwise be provided in thiis chapter. 1. Penalties for parking violations. a. Fines. Presumptive fines for each, parking violation, and enhanced penalties for multiple pardngviolatioms within any cailend�air year shiaill be established by resolution of the City Council. 1. Apresmmnodve fine is the fine amount imposed against aperson who o|eadsmocontest tooris otherwise found guilty of a violation, and is separate frorn and in addition to other penalties or charges provided herein' including any penaltiesfor multiple parking violations. 2. Apresmmnodve fine for apardngviolation under this section will beimposed unless the court finds reasonable grounds for either increasing orreducing the fine. 3. Fines shiaU|include the original dcketedarmomrtamdanyenhancedpena|des,ifsuchpena|tiesare 2. Immobilizer (boot) Installation and /brTowing. a. When a registered owner of a motor vehicle has either (�) five or more Outstanding unpaid City of Ash|andparNngvio|ationsomamymumnberofnnotorvehic|cs,or(2)a[ityofAsh|andpadkingvio|adon'orany nurmberofsuch violations, with, atotal Unpaid balance that exceeds $158^regardless ofthe number ofmotor vehicles involved, then ainy City enforcement official is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found Upon a, public street within the City or in a City off-street parkinglot bv installing onorattaching to the motor vehicle a device designed to restrict the normal movement of the vehicle. In the alternative, or in addition to immobilization, after 24 hours has elapsed, any City enforcement official authorized, �irected and empowered to order such, vehicle towed, by a licensed tow comparly under contract with the City orits designee, asapplicable. The Ashland Municipal Code is current thro,ugh Ordinance 3243, passed September 17, 2024. Page 27 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 17 of 29 b. For purposes of thiis section, bail or fine shall be Outstanding on a citation when the citation is issued and shiall rernain outstanding until the bail is posted or the fine is paid. c. Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City's contracted parking enforcement service provider shall post a notice on the vehicle or mail a notice by certified miail, return receipt reClUested, to the registered owner of such vehicle as shown, by the records of any relevant state motor vehicles department notifying the owner that the motor vehicle or vehicles may be immobilized aindl/or towed if outstanding parking bail or fines hiave not been paid within ten days after posting or miailing of the notice. d. If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on, a, form, approved by the City, advising the owner, driver, or person in charge of the vehicle thiat it has been, immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted pairking enforcement service provider. The notice shall also specify that the vehicle is subject to tow. e. In the event the vehicle is towed, the person, who orders the tow, shiall send by certified mail, return receipt reguested, a notice advising the registered owner of the vehicle that it hias been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towing company Of full payment of the outstanding balance owed. f. A vehicle towed and impounded pursuant to this section shiall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, eClUiprnent and faicilities of private tow companies under contract with the City or the contracted parking enforcement service provider m,ay be used for the removal and storage of the vehicle. 3. Warning Letter, Show Cause, and Warrants. a. Warning Letter. The Ashiland Municipal Court may choose to send a warning letter by first class miail informing defendants they hiave outstaindling parking tickets and thiat their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. b. Show Cause. The Ashiland Municipal Court may issue ain ordler that requires a defendant to appear and show cause why the defendant should not be held in contempt Of Court, includling contemipt for failure to appear as ordered or failure to comply. The show cause order shall be rnailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the aippearance date; ailternaitively service may be made by ainy other recognized method, such ais personail service according to the same timieframie. C. Warrant. If the clefenclant is served and fails to aippear at the time specified in, the show cause order, the court may issue an, airrest warrant for the defendant for the purpose of bringing the defendant before the court. (Ordl. 3122, amended, 20116) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 28 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 18 of 29 Chapter 11.40 I :hA �Zf —A 1113 *19-11011 loll :1 Sections: 11.4,0.01::0 Parade permit required 11.4,0.020 Funeral procession 11.4,0.030 Drivers in procession 11.4,0.040 Driving Through procession 11.4,0.050 Penalty 11.40.010 Parade permit required A. Nlo procession or parade, except a funeral procession or military pairaidle, shall occupy, march, or proceed along a street except in aiccordance with a pert -nit issued by the Chief of Police and approved by the City Manager. The pert -nit may be granted where it is found that such, parade is not to be held for any Unlawful purpose and will not in any mainner tend to a breach of the peace, unreasona,bly interfere with the peace and quiet of the inhabitants of the City, or cause damage to or unreasonably interfere with the public use of the streets. B. Any person who violates ainy provision of thiis Chapter is subject to Section 1.08.020 of the Ashiland Municipal Code. Violation of this section is a Class III violation. If a violation, is deernedl to have interfered with ernergency services from responding to a call, the violation is a Class I violation. (Ordl. 3192, amended, 11 /17/2020; Ordl. 3137, amencled, 2017; Ord. 3027, amended, 08/03/20110) 11.40.02,0 Funeral procession, A funeral composed of a procession of vehicles shall be escorted by at least one person authorized to dlirect traffic for such purposes and shiall follow routes established by the Chief of Police. Each vehicle in the procession shall be miarked by fllaigs or other designation approved by the Chief of Police. (Ord. 1557 § 25, amended, ll 968) 11.40.030 Drivers in procession Each, dlriver in a, funeral or other procession shall dlrive as near to the right edge of the street as praictical and shall follow the vehicle ahead as closely as is practical aindl safe. (Ord. 1557 § 26, amended, ll 968) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 29 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 19 of 29 11.40'.040 Driving Through procession No driver of a, vehicle other than, an, authorized emergency vehicle shall drive between the vehicles comprising a, funeral or other authorized procession while in motion except where traffic is controlled by traffic control signals or when otherwise dlirected by a police officer. (Ord. 3137, arnended, 2017; Ordl. 3027, amiendledl, 08/03/2010) 11.40.050 Penalty Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Violation of any section of this chiaipter AMC 11.40 is a Class IV violation. (Ord. 3137, arnended, 2017) Chapter 11.44 PEDESTRIANS Sections: 11.44.005 Use of sidewalks 11.44.010 Illegal cancellation of a Traffic Citation 11.44.020 Crossing At right angles 11.44.030 Crosswalk Use required 11.44.040 Penalty 11.44.00+ Use of sidewalks Pedestrians shiall not Use a roadway for travel when abutting sidewalks are available for doing so. (Ord. 3137, amencled, 20117; Ord. 3027, amended, 08/03/20110) 11.44.010 Illegal cancellation of a Traffic Citation No person shall cancel or solicit the cancellation of a traffic citation without the approval of the municipal judlge. (Ord. 3137, amended, 2017; Ord. 3027, arnended, 08/03/2010) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 30 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 20 of 29 11.44.02,0 Crossing At right angles No pedestrian shall cross a street at any place other than, by a route at right angles to the curb or by the shortest route to the opposite curb except in, a marked crosswailk. Crossing at right angles is a Class IV violation. (Ord. 3027, amencled, 08/03/2010) 11.44.030 Crosswalk Use required In blocks with miairked crosswailks, no pedestrian shiall cross a, street other than, within a crosswailk. (Ord. 31137, amended, 20117; Ord. 3027, amended, 08/03/20110) 11.44.040 Penalty Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Except for 11.44.01! 0, which, is a Class I violation; violation of any other section of chapter AMC 11.44 is a Class 1V violation. (Ord. 3137, amended, 20117) Chapter 11.52 BICYCLES Sections: 11.52.010 Definitions 11.52.015 Standards 11.52.030 Regulations 11.52.050 Responsibility of (Parent or Guardian 11.52.060 Failure to Report Accidents 11.52.070 Bicycle License Required 11.52.080 Issuance of License 11.52.090 License Tags - Registration Cards 11.52.100 License Fee 11.52,.010 Definitions The following words and phrases, when Used in thiis Chapter, shall, for the purpose of this Chapter have the following meanings: The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 31 of 377 Tide 11 Vehicles And Traffic I Ashland Municipal Code Page 21 of 29 A. Bicycles mean every device propelled exclusively by hUrnain power upon which, any person m,ay ride and is designed to travel with not more than, three E;wheels incontact with the ground and which, are more than fourteen (1') inches in, diarneter. B. Bike Lane - where bicycle travel and clemand is substaintial and where adeclUate width is available, a portion of the roadway m,ay be designated for preferentiail use by bicyclists. C. Bike Path a bike path is a, bikeway which is physicailly separated from motorized vehicular traffic by an open, space or barrier and rnay be within, the roadway right-of-way or within an independent righit-of-way. D. Riding is the act of propelling the bicycle by means other than pushiing it with the hands. E. ShairedRoadway-onashared roadway facility, bicyclists shiare the normal vehicle laires with, motorists. Where bicycle travel is significant, these roadways are signed as bicycle routes. F. Shoulder Bikeway srmoothpavedroadwwayshou|dcrsprovdeagoodareavvhcrcbicyc|istscanhdevvithfew conflicts with faster moving motor vehicle traffic. Where bicycle travel issignificant, shoulder bikcwavroutes are signed as bicycle routes. G. Operating is the act of having one or more feet on the peclails to propel the bicycle. H. Rental Agency is any person, firm, co -partnership, association or corporation engaged in the business of offering for rent, and renting, bicycles for use by mem,bers of the public. (Ord. 2513, arnended, 1989; Ord. 2439 The State of Oregon Bicycle Master Plain approved by the Oregon Department of Transportationon&4arch15' 11,52,,030 RegnoUat^onis A. Riding on sidewalks in the C-1-D District. No person shall ride or operate a bicycle on a sidewalk in the district or commercia|zore. B. Racing. No person shall engage in, or cause others to engage in, a bicycle race upon the streets or any other public property ofthiisCity without permission of the City Manager. Major races involving Closure or restructuring otcity streets Must bepermitted pursuant toAMC 111.1 2�5�0. C. Method of Riding. A person shall not ride a, bicycle other than, with their feet on the pecals and facing the front The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 32 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 22 of 29 D. ConyingArticles. No person operating a bicycle shall carry any packages, bundles, or articles whiich prevent the rider from keeping at least one (11) hand upon the handlebars and in full control of said bicycle. E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of the provisions or laws of the State and the laws of the City, including those applicable to the drivers of motor vehicles, except as to the latter, those provisions that by their very nature have no application. F. Speed on Bicycle Routes. No bicycle shall be ridden on a bicycle route at a speed greater than reasonable and prudent for the circumstances when aipproaching a pedestrian. G. RidingAbreost. No person shall ride a bicycle upon any street, h,ighwaiy, bicycle route or lane in the City abreast, or side -by -side of any other person so riding or propelling a bicycle when it interferes or impedes the normal and reasonable movement of traffic or pedestrians. H. Hitching on Vehicles. No person, while riding a, bicycle shall in any way attaches themselves or the bicycle to any other moving vehicle. I. Bicycle Parking. No person shall park a, bicycle upon a, street, other than in the roadway and against the curb, or against a lamippost designated for bicycle parking, or in a, raick provided for the purpose of supporting bicycles, or on the curb in a manner so as to aifford the least obstruction to pedestrian traffic. J. Any person who violates ainy provision of thiis Chapter is subject to Section 1.08.020 of the Ashiland Municipal Code. Any violation of this section is a Class IV violation, except for H, which is a Class 11 violation. K. Bicycle Impoundment. In addition, to ainy other penalty, the court may order impoundment of a bicycle used in an offense cornmitted under thiis chapter until such time as may appear just and reasonable. (Ord. 3192, amended), 11 /17/2020,; Ord. 3137, amended), 2017; Ord. 3027, amended, 08/03/2010; Ordl. 2986, amended, 06/16/ 2009) 11.52,.050 Responsibility of Parent or Guardian A. The parent or guardian of any child shall not authorize or knowingly permit any child to violate any of the provisions of thiis Chapter. B. Any person who violates ainy provision of thiis Chapter is subject to Section 1.08.020 of the Ashiland Municipal Code. Any violation of this section is a Class II I violation. (Ord). 3137, amended, 20117; Ord. 3027, amended, 08/03/ 2010) 11.52,.060 Failure to Report Accidents A. The operator of ainy bicycle involved in an accident resulting in injury, death,, or clarnage to personal property shall within seventy-two (72) hours file a, written report Of Such accident with the Police Department. The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 33 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 23 of 29 B. Any person who violates ainy provision of thiis Chapter is subject to Section 1.08.020 of the Ashiland Municipal Code. Any violation of this section is a Class H violation. (Ord. 3137, arnended, 2017; Ordl. 3027, amended, 0,8/03/ 2010) 11.52,.070 Bicycle License Required A. No persons shall operate a bicycle upon the streets, lanes or routes of the City unless such bicycle has been, licensed as provided for in, this Chiaipter. B. A nonresident who hiais complied with the bicycle registration, provisions of the City or county in which they are a residlent may operate a bicycle without having first aicquired an, Ashiland bicycle license. C. Any person who violates ainy provision of thiis Chapter is subject to Section 1.08.020 of the Ashiland Municipal Code. Any violation of this section is a Class III Violation. D. In addition, to any other penalty, the court m,ay order impoundment of a bicycle used in an offense until such, time as may appear just and reasonable. (Ord. 3137, arnended, 2017; Ord. 3027, amiendledl, 08/03/2010) 11.52,.080 Issuance of License The Police Department, or a bicycle shop in Ashland approved by the Police Department, is authorized and directed to issue, Upon written application, bicycle licenses. Such license shall be valid for the life of the bicycle from the date of issuance, as long ais the license is clearly legible and the ownershiip of the bicycle is not transferred to another. When a bicycle that is licensed pursuaint to this Chiaipter is sold or trainsferred to another person who is ailso a resident of the City, then the new owner or such bicycle shall, within thirty (30) clays frorn the date of transfer, acquire a new license. Designated agencies or shops shiall report such, trainsaction to the Police Department each, month and with, aippropriaite fees and forms. (Ord. 2439, arnended, 1988; Ordl. 2114 § 1, amencled, 1981; Ord. 1791 § 1, arnended, 1973; Ord. 1787 § 11, amended, 1973) 11.52,.090 License Tags - Registration, Cards The City shall providle license tags together with, a, registration card for each, bicycle license issued pursuant to thiis Chapter. The license tag shiall heave numbers stamped thereon in numiericail order, beginning with number 1; shall have the narne of the City printed thereon; and shiall be suitable for attachment to the bicycle at a place designated by the Chief of Police. The Police Department shall keep a, record of information for each bicycle licensed in order to assist with the recovery of lost or stolen bicycles. (Ord. 2439, amencled, 1988; Ord. 1791 § 1, amencled, 1973; Ord. 1787 § 12, amended, 1973) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 34 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 24 of 29 11.52,.10O License Fee Each, bicycle license shall be issued upon compliance with the foregoing provisions and Upon payrnent of the required fee as set forth in a Resolution adopted by the City Council. (Ord. 2439, arnended, 11988; Ordl. 2114 § 2, amencled, 1981; Ord. 1791 § 1, arnended, 1973; Ord. 11787 § 13, amended, 1973) Chapter 11.54 SKATEBOARDS Sections: 11.54.010 Definitions 11.54.020 Areas (Permitted; Areas Prohibited 11.54.030 Skateboard Regulations 11.54.040 Penalties 11.54.010 Definitions The following words and phrases, when Used in thiis Chapter, shall, for the purpose of this Chapter have the following meanings: A. Operating is the aict of having one or more feet on the board of a skateboard or other portion designed) for a, foot to propel the skaiteboa rd. B. Riding is the aict of propelling a, skateboard by means other than carrying it. C. Skateboard - includes roller skates, in -line roller skates, blades, scooters, coasters, roller skis or any sirnilar device. 11.54.02,0 Areas Permitted; Areas Prohibited A. Where Riding Permitted. Riding or operating a skateboard is permitted in the following areas: 1. 25 Mph Streets. Streets where the designated speed for vehicles is 25 miles per hour or less unless prohibited in section 1! 1.54.020.B. 2. Private Property Where Consent Private property where the owner or person, in charge hias consented 3. Areas Defined Within City Parks. In city pairks, or a designated area within a city park, specifically approved by the, Ashland Park Commission for skateboard use. The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 35 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 25 of 29 4. Sidewalks. On city sidewalks unless otherwise prohibited by this ordinance. B. Where Riding Prohibited. No person shiall ride or operate a skateboard in the following aireais: Streets or Sidewalks in the Downtown Area. Sidewalks or streets in, the downtown airea, dlescribedl in this subsection as dlelineatedl on the attached map marked Exhibit A. The downtown area is described as that area included within and inclusive of the following dlescribedl boundaries: a,. The north, boundlairy shall be Lithia, Way including sidewalks on both sides to the intersections of Water Street and Fourth Street and including the public parking lot and adjoining sidewalk at the corner of Pioneer Street and Lithiia Way; b. The west boundary shall be Water Street from the Lithia, Way overpass to North Main Street then North, Main Street to its intersections with Church, Street and including sidewalks on both sides of Water Street and North, Main Street, then, south along Ashland Creek from the North Main Street Bridge including the park area between the creek and Granite Street but no sidewalks on Grainite Street, to Winburn Way, then Winburn Way and its sidewalks through, Lithia Park. c. The south boundary shiaill be the northern sidewalk of Hargadine Street to the intersections of Pioneer Street and Greshiaim Street and shall include the western sidewalk of Pioneer Street north, from, its intersection with Hargadine Street. dl. The east boundary shiall be Third Street including the sidewalks on both sides to the intersections of Lithia Way and Hargadine Street. 2. City Parks Within any city park including streets within the boundaries of a, pairk unless the park, or a, designated area within a park, hias been specifically approved by the Ashland Park Comirnission, for skateboard use. 3. Certain Streets. On any street where the designated speed is greater than, 25 miles per hour. 4. Private Property Unless Consent. On private property. It is ain affirmative defense to a, prosecution, on, ainy charge under this subsection that the property owner or person in charge of the property consented to such, use of the property. 5. Other Property Which is Posted). On any other public or private property where signs on the property indicate thiat skateboard use is prohibited. 11.54.030 Skateboard Regulations The following regulations apply to the operation of a skateboard on a public street, sidlewalk or public property: A. Protective Headgear. Any person operating a skateboard shall wear protective headgear of a type approved under ORS 8115.052 for bicycle helrnets. Provided, however, protective headgear shiall be reqluired only when The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 36 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 26 of 29 operating a skateboard on public property including streets, siclewalks and pairks. Headgear is recommended on private property. B. Yield Right -of -Way. Any person, operating a skateboard shall yield the right-of-way to any vehicle, such as a motor vehicle or bicycle, or pedestrian includling yieldling the right-of-way to any vehicle when approaching or crossing a driveway. C. Standing Position. Any person operating a, skateboard shall operate the skateboard in a standing position unless operated in conformance with rules established by the Ashland Pairk Commission within a city park designated for skateboard use under section 11.54.020. D. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as close as praicticable to the right-hand curb or edge of the roadway. E. Single File. No person shall ridle a skateboard on any street alongside another person, ridling a skateboard, bicycle or motor vehicle unless overtaking and passing such skateboard, bicycle or motor vehicle. F. Equipment. No skateboard shall be operated on any public street or sidewalk between 30, minutes after sunset and 30, minutes before sunrise unless the skateboard or rider is eqluipped with lighting eClUipment thiat meets the following requirements: 1. The lighting eClUipment miust show a white light visible from, a, dlistance of at least 500 feet to the front of the skaiteboa,rdl. 2. The lighting eClUipment miust have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from, aill dlistances up to 600, feet to the rear when directly in, front of lawful lower beams of headlights on, a motor vehicle. G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles. H. Traffic Regulations. The operation, of a skateboard on a street shiall be subject to aill of the provisions or laws of the State and the laws of the City, includling those applicable to the drivers of vehicles, except as to the latter, those provisions that by their very nature heave no application. Operation on Sidewalks. No person shall operate a, skateboard on a, sidewalk: So as to suddenly leave a, curb or other place of safety and move into the path, of a vehicle that is so close as to constitute an imirnediate hazard. 2. Without giving an aiudlible warning before overtaking and passing a pedestrian. 3. At a speed greater than an ordinary wailk when aipproa,ching or entering a crosswailk, aipproa,ching or crossing a driveway or crossing a curb Cut or pedestrian rarnp and a vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. Theis paragraph does not reqluire reduced speeds for skateboards either: The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 37 of 377 Title 11 Vehicles And Traffic I Ashland Municipal Code Page 27 of 29 a,. At places on sidewailks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or b. When motor vehicles are not present. Except as otherwise specifically provided in this chapter, an operator of a skateboard on a sidewalk or in a, crosswalk has the same rights and duties as a, pedestrian on a, sidewalk or in a crosswailk. J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon the streets, sidewalks or any other public property. Provided, however, that it shall not be a violation Of this subsection if racing occurs in conformance with rules established by the Ashland Park Comirnission, within a city park designated for skateboard use under section 1! 1.54.020. K. Hitching on Vehicles. No person whiile operating a, skateboard shall in any way attach, themselves or the skateboard to any moving motor vehicle. L. Careless Riding. No person shall ride a skateboard in a, careless manner. Riding in a caireless manner rneans the person rides a skateboard in, a, manner that endangers or would be likely to endanger any person, or property. (Ord. 3027, amended, 08/03/20110) 11.54.040 Penalties Upon the first conviction for a violation under thiis chapter, the person shall be punished by a, fine of $25.00. All subsequent violations of this chapter are Claiss IV violaitionis. In addition to any other penalty, the court may order impoundment of a, skateboard used in, an, offense Until such time as may appear just and reasonable. (Ord. 3027, amencled, 08/03/2010) Chapter 11.60 Sections: 11.60.010 Regulations 11.60.015 Restricted Hours 11.60.020 Oak Street 11.60.030 Emergency Vehicles 11.60.040 Penalties The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 38 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 28 of 29 11.60.010 Regullationis U.S. Highway 99 and Oregon State Highway 66 afire hereby designated ais truck routes within the City of Ashland and rnotor vehicles having a licensed gross vehicle weight of over 19,999 poundls, shiaill not use, travel, or be parked upon any other streets in the City of Ashland except where such motor vehicles are Using said streets for the purpose of making a delivery or picking up a load, or traveling to and from a fueling faicility in the City of Ashland, by the most direct route possible. Nothing contained herein shall prevent an owner or operator frorn taking a rnotor vehicle to the residence of such owner or operator so long ais the rnotor vehicle is not left there for a period longer than is reasonably necessary for normal maintenance and overnight and weekend rest periods for the owner or operator. (Ord. 3032, arnended, 08/17/2010) 11.60.015 Restricted Houlrs The City Council may, by Resolution, specify certain streets that Must be used for aiccess to and from, commerciail and industrial areas, and may specify the hours that trucks may be confined to the Use of such, streets. (Ord. 2226 § 2, amended, 1982) 11.60.02,0 Oak Street Oak Street between Hersey Street and (Nevada Street shall only be used by delivery trucks, as set forth in the precedling section, that have a maximum weight of the combined load and vehicle which, does not exceed the following limits: A. The combined gross weight in pounds bearing on the Surface of the road at contact with, the tread of the wheels of ainy single axle of a truck or truck -tractor shall not exceed twenty thousand (20,000) pounds. B. The combined gross weight in pounds bearing on the Surface of the road at contact with, the tread of the wheels of dual or tandem axles shall not exceed thirty thousand (30,000) pounds. (Ord. 1811 § 2, arnended, 1974) 11.60.030 Emergency Vehicles Nothing contained herein shall limit the use of the City streets by emergency vehicles or by municipal vehicles when necessary for municipal purposes. (Ord. 1811 § 3, amiendledl, 1974) 11.60.040 Penalties Any violation of this chapter is a, Class IV violation. (Ord. 3027, amended, 08/03/2010) The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 39 of 377 Title 11 Vehicles And Traffic I Ashland Muinicipal Code Page 29 of 29 The Ashland Municipal) Code is current through Ordinance 3243, paissed September 17, 2024. Disclaimer: The City Recordler's office has the official version of the Ashland Municipal Code. Users should contaict the City Recorder's office for ordlinainces passed subseqluent to the ordinance cited above. Cit)(Website: www.a,shllandoregotii.gov City.. T 1�pj2gne: 5:41.488.5307 Hosted b,4,Qeneral Code. The Ashland Municipal Code is current through Ordinance 3243, passed September 17, 2024. Page 40 of 377 Bicycles 5.395 Application of Traffic Code. Every person ridling a bicycle within the corporate limits of the city shall be subject to the provisions of this chapter applicable to the driver of a motor vehicle, except those provisions which by their very nature can have no application. (Section 5.395 added by Ordinance No. 17690, enacted June 28, 1976.) 5.400, Operating Rules. (1 ) No person may ride a bicycle on a sidewalk in that area bounded) by the eastern sidewalk along Lincoln Street between Btu, and 13th ,Avenues, the northern sidewalk along 8th Avenue between Lincoln and Pearl Streets, on either side of Willamette Street between 7th and 8tn ,Avenues, the eastern sidewalk along Pearl Street between Btu, and 13th ,Avenues, on either side of Broadway between Pearl and Hligh Streets, and on the northern sidewalk along 13tn Avenue between Pearl and Lincoln Streets. (2) No person may park a bicycle in or near a public thoroughfare or place in such a manner as to obstruct traffic or endanger persons or property. (3) A person riding a bicycle (a) In a lane for vehicular traffic or parking may ride only in the direction legally prescribed there for that traffic. (b) In a lane for vehicular traffic or parking i shall ride as closely to the curb as is safe, but when approaching i an intersection where a curb lane is designated) "Left Turn'" or "Right Turn" shall avoid that lane within 50 feet of the intersection if intending to ride through the intersection without turnings. (c) On a street or alley shall ride in single file with other bicyclists whenever a motor vehicle is approaching within 100 feet to the rear. (dl) On a bicycle path or a sidewalk shall keep as far to the right as is safe, except when overtaking and passing pedestrians and other vehicles, which shall be overtaken and passed only on the left. (4) Pease officers, police community service officers, police volunteers, and parole and probation officers performing official duties are exempt from the provisions of this section. (Section 5.400, formerly section 5.410, renumbered and amended by Ordinance No. 17690, enacted ,dune 28, 1976; amended by Ordinance No. 20496, enacted October 8, 2012, effective November 10, 2012; and Ordinance No. 20538, enacted July 28, 2014, effective August 29 2014.) 5.420, Imiplouni Ding of Bicyclles. (1 ) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department. (2) In addition to any citation issued, a bicycle parked) in violation of this chapter may be immedliately impounded). Page 41 of 377' (3) If a bicycle impounded under this chapter bears an Oregon driver's license number, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. (4) A bicycle impouinded under this chapter which remains uinclaimedl shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. (Section 5.420, formerly section 5.435, renumbered and amended by Ordinance No. 17690, enacted June 28, 1976; amended by Ordinance No. 18325, enacted January 22, 1979.) Page 42 of 377 Council Business Meeting �Date: March 4, 2'025 Agenda Item i Request of Council to Initiate Right of Way Vacation — Fern Street From Scott Fleury, Director Contact scott.fleury@ashland.or.us SUMMARY Before the Council is a request to initiate the vacation process for a portion of the public right of way. The right of way in question is a portion of Fern Street east of Elkader Street in between Southern Oregon University (SOU) owned properties. This is an un-improved non maintained right of way that basically provides for a storm dlrain line maintained by the City of Ashland. POLICIES, PLANS & GOALS SUPPORTED City Council: 4. Evaluate real property and facility assets to strategically support city mission and goals. BACKGROUND AND ADDITIONAL INFORMATION The City of Ashland was approached by SOU representatives inquiring into the possibility of the City initiating the vacation process for the un-improved section of Fem Street. Public Works staff discussed with City Adlminstration and determined the appropriate course of action would be to bring the request forward to the City Council for considleration.The City Council can intiate a right of way vacation process as allowed by Oregon Revised Statute (ORS) 271.130, reference bellow. 271.130 Vacation on city governing body's own motion; appeal. (1) The city governing body may initiate vacation proceedings authorized by ORS 271.080 and make such vacation without a petitiion or consent of Property owners., Notice shall be given as provided by ORS 271.110, but such vacation shall not be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, object in writing thereto, nor shall any street area be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Provision for paying such damages may be made by a local assessment, or in such other manner as the city charter may provide. (2) Two or more streets, alleys, avenues and) boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other. (3) No ordinance for the vacation of all or part of a plat shall be passed by the governing body until the city recording officer has filed in the office of the city recording officer or indorsed on the petition for such vacation a certificate showing that all city liens and all taxes have been paid) on the lands, covered by the plat or portion thereof to be vacated. (4) Any property owner affected by the order of vacation or the order awarding damages or benefits in such Page 1 of Page 43 of 377 �� l�� 7�/�,° ° �� c8� 0��I��e s s ��t�n g vacation proceedings may appeal to the circuit court of the county where such city is situated in the manner provided bythe city charter. Ufthe charter does not provide for such appeal, the appeal shall betaken within the time and in substantialIly the manner provided for taking an appeal from justice court in civil cases. Staff informed SOU representatives of the total process required for right of way vacations, which include public hearings at the Planning Commission and City Council along with development of the appropriate legal descriptions, uipdated property deeds and easements for utilities. The specific requirements for right of way vacations are detailIed in Ashland Municipal Code (AMC) Chapter 4.18 and Oregon Revised Statute ([)RS)2�71.D8DUhru271.23Q. Public Works performed an initial assessment to determine if a right of way vacation wouild be in the puNic interest. Due to topographic conditions and a lack of street features to the east, no current roadway would be expected to be develIoped. There is a storm drain line within the right of way and a publIic utility easement for it wmui|dneedtobemointainedmovingfomvardifitvveretobevaoated.Theeedocuimentevvou|dbereviewedand approved byCity staff and the Legal Department prior toany final signatures orrecordings. 4.18J010Purpose The purpose of this Chapter is to establish the procedure for processing requests for the vacation of public rights- of-wayandp|acee,andtorequirepetitionemeforvaoationtodepmeitvviththeCityRecorderafeeauifficientto cover the cost of publication, posting and other anticipated expenses as authorized by ORS 271]3�8D,etseq. 4.18J020Appication Any person interested in filing a petition for the vacation of all or part of any street, alley, or other public place, shalIl submit such petition in the form prescribed by the City Engineer puirsuiant to ORS 271L080.and upon filing of the petition shall deposit with the City Recorder a filing fee estaNished by resolution of the City Council. (Ord. 28G4.1gQ1;Ord. 2742.1gQ4) w This is not required if the Counci�l ini�tiates the vacation process as allowed by ORS. 4.18J030 Review by PlIanning Commission Upon receipt of the petition, the same shalIl be referred to the City Engineer for adetermination cfwhether it contains the requested number of sworn signatures. The City Engineer shall return any petition not meeting the requirements ofORS 271.080�, together with the ffling fee to the petitioner. If the City Engineer determines that the petition is sufficient, it shall be referred tothe City Planning Commission for its review and recommendation to the City Council. The Planning Commission shall submit its report tothe 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 Manager shall set the matter for public hearing as set forth in ORS 271.100. etaeq. wA Planning Cornmission meeting will be scheduled if the Council moves forward with the vacation 4.18J}40Public Hearings Public hearings shall beheld aeset forth inORS 271.1C2O.odwhich time the petitioner and all affected parties ehoU|beafforded anopportunity topresent their views either orally orin writing. The report ofthe PUanning Commission, ifany, shall bemade apart ofthe record. wThis is the action required of Counci�l and would be scheduled for a d�ate in the future after the Planning Commission public hearing. Page 2cfs V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g • Since the a rovall rocess requires approval of an ordinance there would be a requiired first and second reading in order to become legally binding. 4.18.050 Action By Council The City Council, after due consideration of testimony by affected parties, and the report of the Planning Commission may approve, reject, or modify the area proposed for vacation which in its sole judgment is deemed in the public interest. FISCAL IMPACTS The only resource requirements were/are associated with staff time to bring the vacation forward through the Planning Commission and City Council. SOU will be responsible for the development of new property deeds and recording the applicable documents with the County. If the property is vacated, it will become private and assessable for property taxes as part of the individual tax lots the right of way is vacated too. SOU does intend to sell off the individual lots regardless of whether the City decides to move forward with the vacation process. The vacation of the un-improved right of way will just add additional taxable land to the adjacent lots. SUGGESTED ACTIONS, MOTIONS, AND/OR OPT'IONNS II move to approve initiating the vacation process for an un-improved section of Fern Street as defined in this staff report. II move to take no action on the matter. REFERENCES & ATTACHMENTS None Page 3 of3 FAA iralml;1i"', Page 45 of 377 Council Business Meeting �D�ate:: March 4,2D25 SUMMARY This kaarequest for approval ofaHquorlicense app|iicationfor HononaULCC)BAHarana Cafe located ad118 Uthiia Way. POLICIES, PLAN�S & GOALS SUPPORTED AMC Chapter 8.32Liquor LceneeReviiew BACKGROUND AND ADDITIONAL INFORMATION ThiekaanmppUioafionfomaNevvLicenae—FuU|onPremieee FISCAL IMPACTS SUGGESTED ACT'ION�S, MOTIONS, AND/OR OPT'ION�S The Planning, Police, and Fire departments have reviewed the appliication and recommend approval of the liquor Hcense. Thiis business complies wiith the City's land use requirements and has a Business License. Umove toapprove the liquor |ceneefor Hanona Caf6. REFERENCES & ATTACHMENTS 1. received 'HononaOLCCLocal Government Recommendation —Redacted Page scfz OREGON LIQUOR & CANNABIS COMMISSION Local Government Recommendation — Liquor License Per OAR 845-005-0304(3): The Commission requires an applicant for issuance of a new license issued under ORS chapter 471, to provide written notice of the application to the locail government in the form of a complete, accurate, and legible Commission form. The local government is as follows: (a) If the address of the premises proposed to be licensed is within a city's limits, the local government is the city. (b) If the address of the premises proposed to be licensed is not within a city's limits, the local government is the county. INSTRUCTIONS: Step 1: Applicant completes all of Section 1 (including top of Page 2). Step 2: Applicant submits both pages of the form to the appropriate local government. NOTE: The local government may require additional forms and/or fees. Step 3: Local government completes at least Section 2 and returns all pages of the form, or a copy thereof, to the applicant. The local government is allowed up to 45 days to complete Section 3. Step 4: Applicant takes the form with at least Sections 1 and 2 completed and includes it with their CAMP application to meet the Local Government Recommendation document requirement. Submissions that do not have at least Sections 1 and 2 completed will not be accepted. Step 5: The local government issues its final recommendation in Section 3 and returns the completed form to the applicant. If the applicant has already submitted their initial application via CAMP, they hold on to the final recommendation and provide it to their investigator, when requested. If they have not already submitted their application, they upload the fully completed Local Government Recommendation form with their initial application submission. Applicants within the city of Portland ONLY: Instead of using the attached form, please follow these -steps to complete the Local Government Recommendation process: • Apply via the City of Portland website. • Once you have completed the application with the City of Portland, you will receive an email notifying you that your application has been accepted, usually within two business days. The email will contain an attachment titled "ABC Public Notice." • Upload the ABC Public Notice document with your CAMP application to meet the Local Government Recommendation document requirement. NOTE: This document only provides proof of submission. Once you receive your final recommendation from the City of Portland, you will need to provide that to your assigned OLCC investigator. Page 47 of 377 OREGON LIQUOR & CANNABIS COMMISSION Local Government Recommendation — Liquor Lic�ense Off -Premises Sales Brewery -Public House Limited On, -Premises Sales Brewery Full On -Premises, Caterer Distillery Full On, -Premises, Commercial Grower Sales Privilege Full On -Premises, For Profit Private Club Winery Full On -Premises, Non Profit Private Club Wholesale Malt Beverage & Wine Full On -Premises, Other Public Location Warehouse Full On -Premises, Public Passenger Carrier P1 Legal Entity/Individual Applicant Name(s): HARANA LLC Proposed Trade Name: HARANA CAFE Premises Address: 116 LIITHIA WAY Unit: 2, 3 City: ASHLAND County: JACKSON Zip: 97520 Application Type: El New License Application Change of Ownership 0 Change of Location License Type: FULL ON -PREMISE, COMMERCIAL Additional Location for an Existing License 1111111 111151135 ..................... Contact Name: MICHAEL LOPEZ Phone: Ma fli ng Address: City: ASHLAND State: OR Zip: 97520 Email Address: MINIMUM SIR I Please check all that apply to your proposed business operations at this location: E]Manufacturing/Production FIRetail Off -Premises Sales Rm Retail On -Premises Sales & Consumption If there will be On -Premises Consumption at this location,: Fil Indoor Consumption rrn Outdoor Consumption Fil Proposing to Allow Minors N 0, M 11, 1, M Form IPage 1 RepgaelV6f 377 OREGON LIQUOR & CANNABIS COMMISSION Local Government Recommendation — Liquor License Legal Entity/Individual Applicant Name(s): Proposed Trade Name: I IMPORTANT You MUSTsubmit this form to the Racal government PRIOR to submitting to OLCC. Section 2 must be completed by the local government fort his form to be accepted with your CAMP aipplicationi. Local Government Recommendation Proof of Acceptance After accepting this form, please return a copy to the applicant with received and accepted information City or County Name: Ashland Date Application Received: 2.26.2025 Received by: Kerrick Gooden EDRecommend this license be granted Optional Date Received Stamp 11 Recommend this license be denied (Pleaise include documentation that meets O-A-Fi--8-z,I-5---0-0-5---0-3-() r7l" No Recommendation/Neutral Name of Reviewing Offic4l: Title: Date: Signature: After providing your recommendation and signature, please return this form to the applicant. Form I Page 2 RepgaelV6f 377 ... . .......... . 1111S I I iiiiiiiiiiiiiiiiiiiii�lIll�Aq III) riravell Ashland Role Projects and Prograims (") r, � 1, ( 7 -) �! I Ujp�k�Yhx� C,mkkxm� Prograirn Anallytics VVNsW kp ond ockfl yl,")y l -, you "Olw, Dkq-jlkay Industry StatIstics h,,�dcjlincj Dotafy Quarterly Report October - December 2024 Inc I I J,,,Jo, vi�dk-,� I nin I °rhwindmg, I PII I I' I "'fl ;k, ry, ',Jf', I� I k 11, 1 i-1 1, 1 ry I r":,iA g I I' t q D l ',I - I' I o 'I I, f, J v �t l I' I rp I'� t I -iravd Ashland Advisory Coirnimittee Fh,'Ao cour�-y �,( Ti�-A AGN,,'id Page 50 of 377 As a Destination Organization, Travel Ashland prbrntizes touriisim development and rnarketiiing efforts while Ileveragiingi lodging tax g ra Int dol la rs to promote Ash Is Ind and diveirsify ouir visitoir, Iby providing the fuirthiest, effective market outreach and destination managirneint that businesses and partners depend upon. We create fertile ground for growth for new things. We inspire visitors year-round to experience Ashiand through our strategiic imarlketiiing plan. We work with the tournsm industry, media and partners on pronnodons and projects. We utilize research and technology to Ibest guide our 1plainniiing and decisions. IFoir the past 40 years, your investment has enabled Travel Ashland to generate todgingi tax doliairs with our industry Ipartneirs and operators to fuel Ashland's econoirny. Visitors do pay their share with 1Ci9,6 City Ilodgiing tax + 1336 State lodging tax totaling 11.53,6 abing with the F&B 5'-R,'( meals tax. These dolHairs and the lirnpact of viisiitatbn also support our year- round woirWorce, enhance our quialIity of Iliife, fund essential services and sustain amenities that iresidents vallue. Of the lodging tax generated: approximately 701% goes to the Ciity's geneiral fund; 30% are irestricted tourism dolHairs. Ashland is unique to gairneir that Ngh 'R,''to the geneiral fund. Ph,1-,(C, L'), 6.0 R'.,lo ... )i,,i i rerlias ari,u migniligrus ai vroje(;is, uli:;t, ulac Top � -niarkets visiting AshlPan�d Ipoirtlaindl, Eugene and Sacramento with rr Novernber up 811,� in visitor days cornpared to 20i23. '01e saw over $9 million in visitor spending for this qluarter ini Ashilanid with Sri i the top sI�ndingi market beingi Portland. The hollidays, were flat for many with iififlPation, the election and locall spending down. Ashland vacation renitals, treindeci up an, average of 10% YOY with hotells down ain average of for the quarter. Statewide Vacation rental pe rfor i-nia nice In 2024 outpaced bothi 2023 and 2019 levels for all metrics, statewide. improvement 2024 Oregon, lodgingi performance showed a marked over 2023 statewide. For hotel perforr-niance, occupaincy was the only r-nietric thiat lagged behind 2023 levels. Wni comparingi 2024 hotel perforinnance to 2019, Portland Is the only region not to hiave recovered to pre-COVID revenue levels. Ouii Vllslt<�iiir GuMe Is a trusted resource, in print and online with an average of 9000 views per mo�inth anid an active carnipaigni proinnoting the seasonal itineraries and linking to our Itinerary page on I i h�J-,,I� in(, (,()i-n . We are Ini production of the 25-26 edition. Ashland received accolades �n Portland Monithily and thie Oregonuani along with placing To�p'7 with Moviemaker miagiazinie in best places to live and work as a miovie mialker. We work closely withi the filim industry andl will be deploying an industry strategy for recruitment. Legislative Advocacy - we are clear ran our position to protect TILT do I I a rs and testify for the tourism, Industry to reinnain a competitive market andl support continued investinneint in the private sector. For exarnple, we oppose HB 2977 that poses to raise thie State TILT from to Page 51 of 377 Accessibill1lity Wheel the World participaints Ihave been securers w secure, and e r are proceecfing with the project as one of 21 destInadoins in %A 10/ the state to have Oregoin becoinne the Pt Destination Certified state, promotion due to launch In July 2025. ( ff ; /'% fi � , � fky /' /,/ min VVe are strategIIzIIng with Parks and Pec to prornote IDavidl's, chair in Lltlhia Park to provide those with mobflky challenges access to the beauty of the park as welll as the para-golfer at Oak Knoll golf course. mo VVe are updating our assetsto include accessible itineraries and wayfincfing �nforrnadoin minVVe coindnue to participate reg�oinally �n the accessRofllty awareness scope and business pard6pation. Festlivals, and Events VVe are a hul,-, that creates fertfle ground, are aupportive and work with new groups creadng new things thiat we can promote such as (Rogue Events Collective as they streamline race events, ACEA, Epic Ashland as welll as the ILilons, club. VVe supp�oirt and p�ro�miote communlity events year-round such as the Chocolate Festival, AlFIF's return thiis April, OSF's 9()rh season andl innany new events corning in 2025. Planning for the 3r'--u Ashland Mystery IFest is underway. New authors and lodging packages launched In February. This event Mill grow. IIt drew over 400 aittendlees from 26 states aindl 3 countries lin 2024. VVe will be expanding the FestivaIll of ILight iln 2025. Ph,'_,(0 Lv, KuMu,,rio C-AC, Gromps-and_ Conferences Travel Ashland has secured the site with ScienceWorks for Blcy6e PidesNW a 300 loike group comingluine 2025 that will colincide with Miui4l Fest. Rliveir Mlanagement Society Conference coming April 2025. PAM trip -)travel Ashland hosted the group in Jlanivary in coordination withu Travel Oregon, Gillobal sailles, team wlith, balers andl journalists froinn Oregion"s Iprimary interinatlionall Irmarllcets targeting (FIT's fforeilgn Interinadoinall travelers). The Southern Oregon kinerary includes Klamath Falls, Medford, Crater ILake, Jacksonville Graints Pass and Ashland. There have already been follow up and leads for Ashland. Correspond with imany smiaill groups planning tiravell in the coming year needing itinerairy ideas, transportation questions aind Ilcd,gin,g recommendations. We engage with the proposal process for coinferences. We service many grolups aind conferences through lnfcirimation, wayfindling, guidance, 1planning and providing ccIHateral to infoirim their attendees. Oultd1olpirs, Mt. Ashland's winter season has been successfUl overalHl with skier visits exceedling their 5-year aveirage by 14r',,,S as we promote to our key Ipersonas. Pegiloinal and local Ashland strategy for promoting IKlarnrath River post dlam removal for sumirne, 2025. promoting lbest white -water aiccessjuist 40 m,inuites from Ashland. Media America, Travel Southern Oregon and Travel Ashland bullkfing content. We are In support of the Mladlroine lPidlge concept - asset development and dispersing riders along) with neededl connectivity for Ashland's mountain bike culture.',Ale look forward to see inext stelDs and how we can best su[DIDort. Page 52 of 377 ThE� core objective of Tiravell Ashland's malketing stiratE�gy is to aittir,act new visitoirs while, re-enigagi , ing past travelers Iby showcasing the diverse experiences Ashland has to offer. Historicafly known for OSF and the arts, Ashland is evolving as a vibrainit, year-round mountain, destination with, activities that pp it to a broad range of interest groups, With the aging demographic of longtime visitors, OUr approach emphasizes expanding Ashland's appeall to anew audiences. OLH'stirategy is built around positioning Ashland as a modern mountain town and ieveiragiing targeted OUtreach thirOUgh fOlUir Audience Persona Groups and four key interest categories, as detailed in the I ravel Ashland Brand Guide. I his segmentation is further reImed using geogr,alph,ic ndl keyword targeting to effectively connect with OlUir ideal visitors. A multi-channell approach ensnares we reach the right aUdience at the right time thirOUgh various platforms and media. I he first q ua irte r of 2 025 pir ioirit izes e ngag ing two Ikey segments: active travelers seeking winter and spring destinations fike Ashland and a POSSiVe aUdience considering futuire travel. We leverage Search, Display, Social Media, and YouTube campaigns to drive potential vis itoirs to the welosite, with spec if ic eimphasis on: • r1he interactive Visitor Guide • Winter itineraries tailored to seasonal activities • ILocal events that showcase Ashland's dynamic offerings I his integrated approach enSUres Ashland remains tolp-of-mind for travelers, reinforcing its identity as a M USt -'Vi Sit, yea ir - round destination. Page 53 of 377 ThE� core objective of Tiravell Ashland's marketing strategy in l'E�gOrds to, social media is to, inspire and connect with our audi&nce. Utilizing the natural beauty and wide range of activities that Ashland and the SUrrounding area have to offer - we create photo and video posts on Faceboolk, instagiram and (coming soon) YOUIube. OLHstrategy is to post wee0y on all 3 platforms with original content to inspire current and Inew followeirs. Our goal is to introduce our audience to activities and features they imay be interested in, or they imay not know about yefl We want our audience to say I have to go see that" or I want to The there doing that!', I he second part of our social media strategy that has proven to be incredibly sucaessfull is to interact with OLH' audience, We reshare local bUsinesses and localls/visitors posts to highlight and engage. We want people to feel seer by Travell Ashland'We as together with our iocal bUsinesses to drive tourism and thank OUr visitors by highlighting their trips in our storiesp Website Eingagement Sociallh iid Media 8, Tap pages: Top, Posts: Flaic..I Securclh o Hon-ielpage 9,909 Ashland Fflm Festk(al 0 Clicks were u..jp c..Ia.Parteii over q.,iaii V.er by 538 AsNand Mystery Fest iMt, Ashland SinowSeason 4,529 B&Onning, 0 C ll'R was p to 4,33% f ii oirn Festival of Light 4 13 'X lby .)eu�eirnlber CII R AMF Evemts 4,299 was r,ilp oveii R'A i,.iind 9oX ilia The number one traffic 11 he numl[-)er One traffic source J(,.iiru.uary. SC,Urceo,as organic search for I acel[-)ook %ri�cis Reels and for In Uhe YOL(I Ube 0:x.iirnlpcflgn nhe 15 Instagirom WCIS Stories! which is due to'SIE(D work secoin�d Winter Vildeo tx.id [he Keyventshave ei The AshIland Mlyste,ry Festivall Nqllhest view r(,..)I.e to 1101EM at 60X, Lxought strong traffic to both of UIDdates for tracking and our social mecfia D[OtfOirims in Only one Display Network Ad ri,.iin CCIMfDCIigin 0fDtiMiZCIti0r) October. We had high reach, c..knj the perioc..I - -`N�)Ip N.iMt N16-, viev,is rand interactions from our .)est�in�atk�ins` cmd had sV.ronq a i.,i cN e n c e I peii foii nnaryas vNiltlh 4nr.i cHcks ail nd as All of our analytics sav,r multiple veiiy lhila,,,illh, 42 view percent Ilnclreases this clf.,iairter Page 54 of 377 Sea irclh /Co nversion 11 /l/24 -112/3tt/24, AIIII Viskor Gd.,kAe aim,.J e�ioh Search Googlle W,emst handing page rolp 110 iMt Biking TU/01/24 -T3/311/24 0�.,itdoom/Bikin,j Outdooiis parje I'Asplay I)SP Itineraries foir Everyone 12/117/24 - 3/311/25 AIIII kinerally page [.)isplay� rlos�. Goof.Jlle� Evergireen VI DSP. Me�,.a Local Events -- What's 12/117/24 - 3/311/25 Locf,.fll EveN, Pf,.rge [Nsplk.rY, 1post DSP. iMe�,.a Happening Visitor Guide 12/'1110/24 ® 4130/25 IIII 'vi s i h. o r G i d e i F: ii, a rri� Display" II eirfrrrf,.nx, P(,,,rsf. Meta Wellcome to Ashland 7 /t/24-6/30[2'Ei AIIII Hoin ejp,iqe Video Google Wellcome I o Winter 12!/117124-1/301'25 AIIII Itineraries foir Everyone 12/117/24 - 3/311/25 III II Evergireen VI Local Events -- What's 12/117/24 - 3/311/25 Locf,.fll Happening Oregoin Wine Month 3/1/25-5/31/25 Wim,.w & C,�Ulhrm,:iiiy Visitor Guide 12/'1110/24 - 4130/25 AIIII Wellcome7 to Ashland /tt/24-6/30/2'Ei AIIII rolp 110 Mountain bilke 3/1/25-5/31/25 Destinations Bflke kinerally II age [.AsplayIFledmax, vilder o Goo,.jlleDSP kinerally Page [.)isplay, rlosy. Goof.Jlle� DSP� Meta EveW, II age [.AsplayIPost DSP� ime�,.a Wine Par. je Influenceii `vfm 1. a DSP Meta Display 'vi s i �. o r G i d e i F: ii, a rrr,�, Display" Peirfrrrf,.nX� Post Goof.Jlle� Meta Hoin nejp,iqe videym Google B i ,e P a rj e 1postDisplay DSP. iMe�,.a Page 55 of 377 Page 56 of 377' • Top pages: Hon -ielDcige 9,909 AsNand Mystery Fest 4,529 AMF Events 4,299 • The nUrrilber one traffic source was organic search whch is due to SEta work • IKeyevents have beein Uodates for tirackNng and con-pokgns optimizatbin • The web siite oudit has been conipleted andoork is uriderway for updates ling order of priority October 224 - December 2024 Actud 2024 2023 Variance Variaincf,� 2024/2025 Site tairgets workbook Flageviews 42, 9 5 4 56,355 --23 78%, Users 18,586 24,162 -5,576 - - 2 3 0 8,/,, ��essions 2 3,4 78 27,489 -AO � 1 -14 59%, January 20,25 - March, 2025, Forecast 2025 2024 Variance Variaincf,� Flageviews 3119,500 36,188 3,212 +8851,14, User s 111,000 19,995 6)05 +5 03%, ��essions 3111500 21,666 9,83114 +45,391,14, Page 57 of 377 Actlloe' Nea F". n g a g e:rf r In ga prr a eal F. ngagied AImrage rMp 4 jrl' M IN pvg aclive Ume peq "31cfi'm" us(m M504 181316 12,970 5524% 0,70 56s Im"M 0 U T v , ,, � rs f 1001 of Cm al 11,H)" cf X'mq 0'4' A,q 01, H "q V, so, a t It Ie 2,062 1 rq 12 '539 57 431% iD 75 SN' 2 (not set) 1,1442 1,841 895 0 22% 0 46, 339 3 San Jose 1,235 '1108 887 573% 072 52s 4 Portland 1,172 1,078 834 56 39% 0 71 48s 5 AsMand 1,096 984 1,0501 61,28%, 0,97 1 m 30S 6 Me(lford 932 851 681 56 75% 073 1 In IN 7 Los Angetes 649 613 387 493% ICY.6i0 43s 8 Sacramento 328 300 202 51 YVg l 0, 6 1, 46s 9 Grants Pass 231 223 162 59,34"1& 070 58s 10 San Francisco 215 199 141 55,73'3, U 66 1 In 04,9 + u7 Sessons Engage,d Ency Aver,a#. 4., WnN seSnonn rulte vllqaQell'WVft u r firne, pu,,,r sp':Moll� swdsaon 23,478 12,970 55.24% 44s 5,14 0 1,11'-1 100", J W'Mf Avq (", Avq I � Av'a )", I google I organk 7,653 4,768 62 394 4 6,q 5 05 2 google cps, 6,040 3,135 51 9% 343 4 84 3 (dirocl) (n<,,no) 4,920 2,398 48 74% 4 Os 4,83 4 ashlandcharnber,coon referral 0'1 ll 652 5869% 49s 4 99 5 fb / paid 562 2106 36,65% 26s 4,14 6 gnfo"Jydone / Display W2 3 0 751. OS 3 02 7 bMgi / orgianic 400 296 74% 1 rn 07s 5,49 8 IntenflyCollaborafive Y CPC' 3,45 72 20,871%, OS 3 22 9 m-facebook,com 1 referrall 296 124 41 89%1 l6s 4.00 10 and / 1paid 258 74 2:8 68% 27s 3.54 (not set�) - site I with data f i Iteirs on • Goo,91le CPC .- Paid S ea ir c h • Inteintlydone/Display - Display INetw ork caimpaigin e IntentlyCollaborative/ CPC -- Display Network Campaign Page 58 of 377 Active Uls,ers, By Gender Active Users, By Age F. Z376, M. 1,375,, Unknown 75k Unknovvn 75k 25-34 MEMMINEEMIMEMM 35-44 MEMEMEMEEM 45-54 55-64 65+ 18.24 to 19 . I Iluo 6W M10 FEMALE 4MALE 63.3% 36.7% Page 59 of 377 • Top, Posts: -idelpenclent Filim Fesflvai AsNand li� Mt. Aslhlciind'Snow Season Beginning Festivdi of ILight • The IlUir-riper one tll-OffrC SOUrce for IFacebookoias Reels and for Instagram was Stories. • The Ashland Mystery Festivall brought stroing traffic to both of our socidi n-ieda INatforms in OCtOlDer. We hod Nigh reach, viev,,s and interacflons from our audience. • Instagran') SUI-pMsed Focebook in oveirdil tiraffic IlUmbers (with a 98% oirganc strategy) meaning our ClUdence oin linstagraim is v,,ell tuned in and we are maintaining oursdves wrthin the top of Viewers algorithms. Nil of our onalytics oin IG sow nriuftiple percent increases this ClUorter. Facebook OCtOber - December 2024 Actual 2024 2023 7 0 2, 70 C) 41, 'I;" 1 7 7 fd cwv ,.n Facebook Januairy - March 2025 Forecast llinstagr,aim Octobe�r - Deceirnber 2024 Actual 2024, 2023 15,�372 4,670 7 D 2 1 R,(.Kaclh 22ACO 1 OIC19 Ci 91 34 OCY/, llk.wv 2 5 1 ,x, llinstagr,aiim January - March 2025 F(Drecast 2025 2024 2025 2024 7 10 00 cII cwv c IF, 1,9CO 18 Rleach 14,4CO 14,4C,10 " I llov.,T5 10 N v L i k c 250 Page 60 of 377 Facebook OCt0ber - Decernber 2024 View's 6 6 Export 102.,7K 6K 4K 2K 0 Ocl I DA 21 Nov Ift Nov 30 Do(, 20 InstagiramOCt0ber - IDecernber 024 Views 0 4 Export 122K 6K to 2K T�) Oct I Oct 21 NOV 10 Nov 30 120 Octobler Reach, a 1, Expwt 429K 6K 4K 2K 0 Oct 1 W Nov 10 Nov '30 ID11ci 20 Reach 0 24.8K 2K 0 oc� I Dn 2'1 Nov TO Nov 30 Dec 20 Name Sublitem's Postfing Setkedjulo Post Type Ashland! Mystery Festival Prorno 2024.10-02 Post Ashland Film Partnership 2024-10-02 Reel Ashland Film Partnership 2024-10-03 Real Ashland Film Partnership 2024-10-0,6 Reel AsNandi Film Partnership 2024-10-10 Real Ashland Mystery F. Underway 2024.10-19 Post Ashland Mystery Festival Wrap up 2024-10-21 Carousel Post Mt, Ashland ConclKlons 2024-10-23 Carousel Post Ashland Mystery F PI 2024-10,20 Carmisel Post Ashland Mystery IF Tour 2024-10-19 Real Uthia Fall Colors PartnershIip 2024-10-25 Carousel Post, Halloween Parade Announcement 21024-10-29 Reel Chamber Halloween parade partnership 2024-10-22 Reel Weekly Forecast 2024-10-29 Reel Page 61 of 377 Nome_ Sublitams Posting Schedule Post Type Present.com Feature 2024-12-11 Reel MLA Lithia Chair opening 2024-12-14 Reel Mt. Ashland Drone Vid 2024-12-16 Real Ashland mountains drone 20,24-112-21 Reel Christmas 20,24-112-25 Post Hanukkah 20,24-12-25 Post Kwanzaa, 2024-12-26 Post Name SublitemosOng Schedule Post Type Winter Campaign vWeo 2024-11-01 Reel Festival of Light Announcement 2024-111-28 Reel Outdoor rink opening Festival of Light Mt. A Opening 2024-11.18 2024-1111-28 2024-11-28 Festival of L Partnership 2024-11-29 . .. . ...... January Post Carousel Post Real Reel Name Subkoms Posting Schoduille Post Type Family trip to Ashland 2!025-0,1-16 Carousel Post Best Moviemaker award 2025-011-24 F'", elb truarillf Name Subitems Posting Schedule Post Type Snow in Ashland 2025.02-05 Reel N�arnia Snow - Cross post ashland mystery lest 20125;-02-05 Reel MI, Ashland spring break Valentine's ornall biz post 2012542-09 Real Cross post Mystery (Ott 202542-02 Post, Carousel Pool Snow in Lithia Park 20252-09 Reel Narnin /M Mystery Fast Croaspost 2'025-02-05 Reel Mystery FeM Announcement Reel Name Subitemis Posting Schedule Post Type Spring break familly trip, 2025-013-01 Chocolate Festival 2025-03-06 Spring hilking 2025 �3-27 Mt. Ashland hicghfiaht 2025-03-20 Page 62 of 377 r Iy Page 63 of 377' The search compaign is run through the Google Ads Platform on Travel Ashland's Owned Google Ads Account. • The camipaign itself lis targeted to the geographies that rare part of the oveiraUl miairketing strategy. • The campaign is Ibrokein down inito 6 ad giroups. �Eac:h ad group is targeted based on, initerest unless otherwise inoted. • Each ad grlup hnl s lunique keywords centered around these interests. The ad girOUPS are imade Up of Ibetweein 1-4 ads which consist of headlines and descriptions that iniclluide the keywords Within that ad grouip. • Each ad links to a urmi a IIIocation based on the ad content. The campaigin lis optimized for �peirformiainc:e each, month,. 4, ICH(k"S weire, I,jp ¢,'.p-uairteir over ()'ivairter by 538 4, ic'nit wa; , Liqt.33,rdi fii°oimi 4.13"''�rdi by DeceirT'flber C M wa,�; t,Ap oveir 6% 4,'.iind 9'Y,, inJainiu1(,'.m-y, 4 Poirflu,'.iind coirflJinued to [-,)ell rvuin'flber oin limn d�c�ks 8, 4 ripiressk)ins L,Jpdate, to Keyword, , hea(Tiines, descrp][Joirs, bu�di(,'.fiing strat,jy and Ilin'ilu,'.igells we"re" coirnpleted the welldk, of 2/10 Page 64 of 377 Ad Group IPerformaince Top 10 Cities Ad Groluip Impr. Clicks CTR Cit�y (Matched) limpr. Clicks CTR Dynamic 22,732 2,265 9.961 Portland 26,204 942 3.590/6 Wine and Cullinary 26,457 698 2.641 St. Helena 1,289, 178 13.81 % Branded 30,801 1,063 3.451 klilwaukie 2,987 171 5.720/6 Family Fun 10,705 310 2.90% Caldwell 3,475 159 4.580/6 Locall Shopping 2,491 130 5.22% Sacramento 1,943 139 7.15% Outdoors 5,177 62 1.20% ELIgene 2,781 128 4.6% Arts and Culture 776 711 9.151 Redding 888 127 14.3% Seattle 1,810 98 5.41% 2023 Search Adveirflsing Beinchirnarks LocalIQ - 'nUltiple categories Bend 1,635 82 5.02% Renton, 1,548 �80 5.17% — rhe Dyinamic Ad GrOUID is irrode UP �o� content frorn the websute and Ihacas thie SUbject rnatter ot alll the ad grOUPS iiI-ClUded Page 65 of 377 During the 2022-2023'Fiscal' Year videos were completed for each season in 0sec, 0sec and 75sec lengths so they could be used across different media and different placements. A 5th set was created that covers all seasons. In addition to the seasonal videos, there are videos running in all three lengths featuring and prramoting Ashland Mystery lest. These videos were then used to build out the Travel Ashland YouTube Channel. Videos now run through the Genle ads account �as part of the, aid media strategy. They will also be embedded in the website this year. Darling this fiscal reporting period Travel Ashland Videos were run as preroll, targeting interest, keywords, dernographiics and gieogiraphy. Darling this time, the full year, Fall, Winter and Mystery Fest vidleos were run in 15, 30 and 60 secoindl versions. * Tlhe cairn[.,x,.ilig in fincludies, the full] year viidleos aind Will nit ervildleor, iin'iE")seIIc, 30 sec� r,,.iind I i versJoins * Vliiew, ii was diown to 21.,39% coin,ilpoired to 36.14% iiii tine, [.')Irellviou,�; qi,.Jarfeir * Tlhe 115 se wind Minter Video hal(,J the" NiYhest Oew i to 100% at. 60'Y,,, * Tlhe top perforiniiiing aucHeince we"re" Book, Lovers foHovved Iby thosell lintelirrllstei(,J in 'rriavel Page 66 of 377 Performance Iby IDevflce MdAephories [:1 lablets Conm)n,neis ivs("m"ans, E11,65k, 9 -1 929, 55,36,,, Vipw rale 'r lrrq)ressions w iMll 53,2'%, IN 23,5% N 2W-1",',,, Views - III 30,0o 11 12 R E, 0% 1111111111 51 80/1, Audience segment Impr. Views View rate Booilk Lovers 21,024 14,815 70.47% Travel 16,,192 6,,176 38.14% Sci-Fi & IFanitasy Movie Fans 10,782 6,,6,75 6,1.91% Cooilkinig EnthILISiasts 8,750 4,397 50.25% Travel Buffs 7,797 4,524 58.02% Trips by Destination 5,6,94 3,9182 6,9.93% Food & IDiiniing 4,9162 2,176 43.85% Lifestyles & Hobbies 4,797 1,858 38.73% Food & IDiiniing 2,9179 1,126 37.8% Booilks 2,6,27 1,9177 75.26% View mite (lin- Ad name Ad giroup IMPIr., Views, stream) Mystery Fest :19 Mystery Fest Mystery Fest :32 Mystery Fest Winter 30 Seconds Travell Ashland Winter Winter 15 sec Travell Ashland Winter Mystery Fest 1:30 Mystery Fest AshIland Oregon - Year Round Iltineraries far a 1111 Travell Ashland Full Year A 15 second snapshot of Ashland Oregon Travell Ashland FuIII Year A glimpse of Ashland Oregon in 30 seconds Travell Ashland Full Year 164,435 26,,719 16.25% 1127,884 20,509 16,.04% 17,572 8,899 50.6,4% 16,430 9,966 60.66% 115,924 11,281 &04% 110,016 3,321 33.16% 9,776 4,687 47.94% 8,566 2,972 34.7% Page 67 of 377 Each campaign is focused on o,ne or more of our audience personcis. Display compaigns were run Ocross three networks with different audience targeting options. 0 Tairgeted Display INetwork Ads are tairgetedl based coin geography, iinterest, clernographics and keywords. Ads can irlun aciross 100's of websit es coind rUn coin both desktop and r-nobife de0ces. TA AGE r ('EOORAPHY I ftt4r 11i"i", ran (JT�ES ....... ... 7H, Jr 4 0-y- 8M Impressions Clicks CTR 111,623 3 0.031 973 3 0.311a 63 3 4.76% 32 3 9.38% 4,256 2 0.05% 2,705 2 0.071 11,763 2 0.111% 204 2 0.981 72 2 2.78% 2,353 1 0.041 Page 69 of 377 .. ... . . . . mmwd Rmunben ham, doubu, AbOW sculak, Wh ASILAND .............. 9101flus Qpwoo� We work colHaborotively to estaNish key I--reirformance indicators (KRIS) for each aspect of branding and marketlng. DiroWng on industry expeirtIse and r-narketlng experience,v,,e Id_ eintlify the specific metriics to meoSUre and key aireas to moNtor. Dota Serves CIS OUr gUde, while bUsiness goals and objectives define the targets that MUst be achieved LecOUSc, as the saying goes, "you can't nnainage Whet YOU Can't rneaSUre." AddtuonaHy, we track. KPIs based on deer-nogrophics, target Mdlence, and region to enSUre a compreheirisslve onalysis. OUr KRs are categorized cis folHov,,s and iinealr de, bUt ore not Hir-nited to, the following r-netirics: Log irw. . ........ RIMMM 71, (M) luQic & moniLW (k) KFIII hcis ci.seL LurqeL Lu Lruck uyciin,3t Website • PCage vie%8fs • LJsers (k) • Lng,:qemnent rate (k) • Lng,:qed SeSSNDFp S • Ne%8� Users (0 • I me, on site (k) • Pages per SeSSINDFr (k) • Lvent actiions/ convers�ons • Lxit ;-7ages 0-n) a pages (r-n) SocI ll Channels • C 0110),NeM (k) ShCH-es (0, Lngagernent �Mledia ( broO..-;,n do),s,.n b1l chc-,H'u-e{) CPC (k) C i-" (k) • ConversGon RIate Converaons (m) Page 70 of 377 PaqeViewrg A (or payumevv hi t, fx.,agu Lrcackiny hit) is -I I I 11M..',kiri;.,o o(.,a pcige L)emy Ilcaa.adeI for In ci brovi,,,eii Flcigeviuo,,,,..', is (-I ntrl-ric du,Pirio-Kl t1he I-ol-cill riLmiL.)er ol puyu,,�.', viovicd. usui cm licive, vultiple Impressions Me rmiiber ot4iios your c.,ontorlL (,Jg, cin ci(J, pcisi., or 'vc1i)Pr.IYo) 11:." (Jisplaye(.3 orl screen r�- cii h L er it vvcls jr gcfle. 0 h ClICVed. Ulsers A usci is a vi,..',rtor ,,loci hus irintncat ..'d ci 'S0'S5i(.)1F1 on your t1he momeril- (-I 3011..X31F1 I(Xids (.)1F1 CIIFIY [.)(JgU' 0i your sibu, they clile, dontrfie(J as e,ither 0 FIC�;Vi 01 1C1.[-IrIWF1Y ArI(.,dyL[c,.,.,, PoLvvoori nevv cmd rAuiriiniy u,..',urs based cm vii,..',itors' brovi,,,,�-,i ccioklos EngiagedISession,SA IF1 VO)IC111 (-I US&i spent a( 10 e c u r I (J f -m Lhe sil-o viovic,(J mull-if.)Iu Pr.iyu..',, or Lrigyun-,(J CI COIFIVOISIorl e, v o r I L. Engagement Rate FIFI�- .Plemovl- iuilo 1,s cis u PC I Cor I of y Ou I �-, I I yciG,pCC I IFI,.,.,, to yciur lf-Aci I OSS 1101M..', For f2XCI1F1)Pl0 If YOU hCKJ 1(--IO -'I ly'CigOd M(J 1,0(--fO tOtOl p.)ur f..'1F1YCIY0r1 ienl- u �(.e vvuuld be 10'X,. Pages per session, poi .,ion, 5+. metnaao Ii icvied it as ilcage Vie'M,., Poi Se:,.,ion, the cciui it o1 a LoLiAl puye, (JivIdu'(J by roll-alol Lhat hcryLakcn picice. IL t1he (.,avciciyo riumber oPuyes cm your 1NCb'S1UJ t1hrII7. accospell I. Orgainic Traffic "rhe nurnbeir of visitors who arrive at Your site thl'OL[gh unpaid secirchi engine results. Paid it Website traffic generated through paid advertising campaigns, such as rGoogle Ads or sociall Imediica ads Referral Traffic VisilorsAho corne to your site froim another ,Arebsite lby clicking on a Iliink. Direct Traffic Users who arrive Ot Your website by typing Your UIRL directly into their lbrowseir Ircather than calming firorn anotheir Source like search engines or social 'nedia. Cost per Click (CPC) c.,cal;.Gallca(.od L)y dividing t1he LcAcil coL of p)uii c.,licks by Lho lollalnuinber cal cI[c.,ks Click Thirough Raat r (CTR), RIO Irlunabeii of c1icV,..', 1-h(.A yoLur (.,ad ucaceivos (Jividu(J by Lho riumL)er oP I -lives your (.,ad '.,II DINI'l clicka:; [1Mpr0�,.;S101FIS = C I?, Conversions,pa hupf.)ens vvheri ci u fr cumplel-us (-I (Jesiiie,d (.,acticm on your Ilia., Ivuhri,l ci purc.,hcise or Iillliriy ou( a C.ADIFACICA lurin. F.vf..,ry INCL)SItC S L)Uilt LO gUIFICNOIO' Crir1V0r'S101F1',., Conversion Rate "The rmiiL)er of Ori(J dlKJIIFIaa ihuL by th o Kfffibci gal rol-al ad miorciclion:,.; rlhW ccm be Licicicd to ci coiv"r.xsirm (Juriny the ..xxiie time, poilcid Page 71 of 377 RegioniallComlpairativeSnalpshot of Lodgiiing Data iiincluding occupancy and ADR (average daily rate) are included in this section for of Ashland, Jackson County, Southern Oiregoin and Statewide, rhe latest Trans ienitOccupainicywind Food and Beverage Tax Revenues Collections are included in this secflon in the next slide, .1 staig, visjtw�mromirantics aTdI gar Quarter trend for Lodgingi occupaincy ainid average dlaiilly iraite (ADD) dlaita for hotels and vacation irenitalls. M, S I R reports show a thiirdl of Ashland properties submit data that irepres,ents 536 rooms, Nghts of the 11700+ room inights. We subscribe to AirDNA for vacadon reintall data. Both data sets are pugged uinto our Datafy Dashboard. PhotO by Kilk Mrackenzie Key Points' • Far Ashland's enfire lodqiiinq sector, a third of the properties report to S I R,. a data collection en flty that we sulbscirbe tc�. • Below, S I IR OCCUpancy represents 536 roorns nights, apjprcxiiimately a third of the 1701D+ rooms of Ashland's lodging. • Vacation rentals were ccnsiistentlly UP YOY each month W-kh followed a statewide trend. • inbOUnd iiinteirnaficinall travel is retUrning that Mll boost 21025 forecasts, Occupancy - Hotel and Vacation Rentals Ashidaind STIR 59.1% 43.5% 37.8% 36.8% 1(-8'%) Vacafion, 51% 43.8% 43% 36,% Rentals (+8'%) (+ 10'%), (+ 11 %), (+24'%) Jacksoini 65.2% 53% 45.4% 47.6,% COILHIty (-4%) Southern 63.8% 49.4% 42.2% 43.1% 0111egoll (- 1. '8 %) Oregon 63.5% 51.3% 43.16% 47% (- 1 %) SourcP: S I H RelpoO, n r(�ivel air gory nduati y Photc, by Str vo f feini ch Page 72 of 377 2024 Oregon lodging peirforirnonce showered a marked irnproveirneint over 2023 figures, year over year girowthi was positive for both hotel and vacation rentals, -For Ihotell performance, OCCUPOricy was thie only rnetiric that logged behim-c! 2023 levels. -When comparing 2024 hotel performance to 2019, Floirtlaind is the only region not to have recovered to pre-COVID ireverlUe levels. -Vocation rental pe0ormaince ini 2024 outpaced both 2023 and 2019 (levels for all metrics, stater, de, 41ortland is the only region that has not recovered to 2019 (levels of vacatiioni rentall supply and demand Ashland ADR: Average Iily Rate, (room Ireveinue/rooirns sold) Siskiiyou Welcome CenterIIp Visits Ashlarid STI 136, $113 $108 $1,01 11 Aslilailid $228 $229 $223 $204 27918 2240 2104 1545 ANA Interstate travel was strong thirClUglin 2024, l he Jackson $117 $1013.4 $916.52 $1,001.16, SISkiYOU Welcome Center is part of the Oregon Courity State We�coriie Center systerii, In 2024, they saw a total of 29,915 visitors a 9% increase Southerii $115 $1 O2.04 $915 $95.61 over 2023.60%, of all entry nto Oregon comes through our corridors, 20% of all state highway Oregon funds in Oregon are generated by visitors Orego�ri $138 $124.18 $115.06 $114.95 according to l ravel Oregon. I he Welcoime Center is mainaged by iravell Southern Oregon with paid staff and VOlUnteers and funded through Iravel Oregon, SOW CF:;' S I R. Rr pGfl. Key Points: • Below shows the most current 10 1 tax revenues from 2011 through Jluly - September 2024 totaling $11,1110,243 for the quarter. i hat equates to $111,10�2,430 in visitor spd ening for all Ilodgliing in that quarter. "'rhis, is just one data point we use, to measure Ashland's visitation Ihowwvevelr this does not irefllect the volurne of day visitors that alsc, contribute significantly to the economic impact. vf,aojxw Transneiit ILodglirag Tax Reveiwue ,-41h— J sty ,, I r� f 4 00 J�1r. —0— 1, f I rNl,r I jjerjj, Snurce, CityoAl�ihllaridan,,Hkfl rplpoa,� Printc, SLpv,2 Heinrich Page 73 of 377 IRest�aurants showed the following trends of 2024: • July - September 2024 superseded April - Jahn e with the highest MIS ever collected CeD $867,580. Whfle this can be attributed to unflation both at restaurants sand grocery stores, it also shows f uill recovery frorn the paindemr c and strength un our visutor spending. • 2024 ended flat compared to yeairs prior thouigh niany restaurants were up lout dui e to inf laflon were even. • We are excited to proniote new restaUrants such as h,ous, Kongo aind Good Juice in 2025. • Winery taisting roorn traffic was even overcall with an early harvest and each visutor spending niore. • Travel Ashland's events and proqrarns along with Ashland Charm is efforts continually support all restaurants. Food and Beverage Revenue Collected S00'00a"() Y'40o'000 co . .... . . 51700,0010.00 F, I P''d)o' 0P ) a AD y'w'uxvxa Q, ..... . . .... 5,400,0010.00 300,0001 DO 'M 6 ";'I ... 0 '' KIT, 8 M 1 2(VO AW) 2W .1 0? 6 111 N1,11 w- pholn by Stve 116rlirk"Lh SOLUC12: MAI eport,,'i OCI IS T 2024 E)E('.31SIF 2024 ,A *S V-1 LA li'�J ID z 1 ► 0 Quarterly Report DATA IF Y Page 74 of 377 Travel Ashland FY 24-25 Geis Data Filters: Tift-Staw Oui-M-Suttr, Distance, 50 - 3744 W MP-5. 10/1124 - 12/3V24 ;' DaWs: 1011/23 - 12131/23 Q2 Clmlefs: 2 Exdudtd 3'01f,� MI Induded Selected Clusters CotorbyClusto j Travel Ashland FY 24-25 Geo Data Haters: Yn-St ate out-ok"r-Ale Mstaoco: 50 - 3744 n Davr,% 1.011,124 - 12'131/24 4' Date,,: 1,0/1/23 -12,+31123 IV Q2 Chl"rom 2 Em".1kidivrl F101-s: AU lodudod 1 0 F A N 7 I 111,331 Trips N 4,69% vs Cornpam Mw,-, VL E P'I I � U I A,' Q) 2.6 Days A C)l D,p, v,, Comparc Dalv,, v l ,, i r c, P 1, 1 A Y �,, �n 287,675 Days �I �� v5i, Comparo Ww, .................................................................................................................................................................................................................................................................................................................................................. Visitors by Day Mon TU", I . . . . . . I W . . . . . . . . . ..... ... W,)W� M "Ah"O Thu I - In 20K 4011, 60K $01K Number ofVi5itoi IDavi� Visitor Days by Length of Stay 1 Day 3R,1911, 2 Days 15,1% 3 Days 9,3% ew 4 Days 8.3% 5 Day i 7 43"A 64 Day' � 21-7% Overnight Visitation % Share 245% ,I Days',K, jgggggggh� 13,414, 5 Do Y -, ', 11311111111111111111111 D1, 2 "Yo 61 Days', U3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3VU3V3UJ5 313, 1 "XII 0"'4, MA� 40% ParceM and Trips Page 75 of 377 Travel Ashland FY 24-25 Geo Data Filters. liqStatp Out-of-swaw DiStanm 50 - 3744 mi Datc,t;: 1011124 - 12F31JU 4' Datos: 10/1/2 3 - 12/31/23 Q2 CWMcm: 2 Exchided MAR Inclucted Cluster Visitation C�wjf,,r Shah o c')f Visitor Days City 88,9% DLqtricis 43,91M, V hea I res 43,"h Pairks 33,7"N, MJ)Iand Lodgmg 28% Dining 213% Southern Oic,,gon Univr,'uWy 4MOMMORNMUM I'M Altra0rowi Wommum 12,5% W[ne 3,69% Top Cluster Visitation, 25K IIIK I 5K OK "foN 5K Oct "24 , DiA Nov'24 15 Nov Doc '24 15 Dm: 61 Ciqy ale EAMricts f) Theatres 0 Parks tG AsHand Lodging 0 Dining () Southern Oregon University *Aftracbons ff(f, ffine Travel Ashland FY 24-25 Geo Data Filters. In,Sov, Ow-of-stal(- Distanck: 50 - 3744 W DM,05: 10/1124 - 120V24 4" Datos: 1011/23 - 12131/23 Q2 Clustems: 2 Exchided POh3 AU Inchaded Weekly Visitor Trend 30K ji, T/17/1" I j ... . ""T . . . .... 2 0 a — "g-/ .......... . /"'�/ , .2 0 W C1'd 20 Od Nov I U Nov 20 Nov Doc '10 Dec 211) Dec Qf) 2 0 2, 4 Page 76 of 377 Travel Ashland FY 24-25 Geis Data Filters: Iii Out-of-Suttr, Distance, 50 - 3744 W MP-5. 10/1124 - 12/3V24 ;' DaWs: 1011/23 - 12131/23 Q2 Chmlefs: 2 Exdud*,,d P01f,� MI Indkided Top DMAs Shiite of DMA Visitor Total Visitor Days Days Pooland- OR 72,375 Eugene 8 7 40,312 8,1 17,426 swmle 1"W01,1i 7I-XI 12,454 San Fi"aCYC,I..r�CY D7,i#k-San lose 7% 32,361 Liul,,, AngeleS 3 98 Mu,tialh Falis 4 91M, 22,717 Chico. RieddinA 4,W', 1%799 Fri:qrw§Yl ,t,ioca i, 3 W, r,,,844 Share of Trips by State 05% PP.; % 0.6% G 0,35'1, 0 % 01,4% rags 1,16 0-a% 131% 0 4% 0 1% ()A% 21% 0,4% 04% Travel Ashland FY 24-25 Geo Data Filters. In,Sou, Out-of-st"11C. Distance: 50 - 3744 W 110/1124 - 120V24 4" Dates: 1011/2 3 - 12131/23 Q2 Clustems: 2 Excluded PO,,� AU Indiaded Length of Stay by Top DMAs DMA Avg Length of Stay Share of Viisitor Days ( 3 laay5 1,41u4 Portland, C'M 2 F, Da y,,,, 15-6%4, Lu,", Angetes 2 7 D a y,., 3.04"K, San Nego 2,7 Day�, 3,01"X, SWoWfNiupinla 2,6 iby Monlerey, Sahi as 2.6 Days, San Francisro,Oak-San )ose 2 1, Dayq Va. d7"4a keinv 2,5 Oay, 1-349K, phoollix -ple"cxAl 2.5 Days 1.24% Eupine 2.4 Days 6,69%� 2, A Days 8,0711,1, Length of Stay by Distance 50- 4 50 rnAes 1150 25G milevt 250-54J0 miles 5DO 10100 r6lims Geer 11 GO 1) rniles 1 Da y oJl" 2 Days 4) 3 Days 0 4 Days 5 Days 6 Page 77 of 377 Travel Ashland FY 24-25 Geo Data Filters. liq�SVWP Out-of-siaw DiStapim 50 - 3744 mi 1011124 - 12F31JU 4' Datos: 10/1/2 3 - 12/31/23 Q2 CluMem: 2 Exchided MAR Included Travel Ashland FY 24-25 Geo Data Filters. In,Sou, Out-Of-St"11C. DiManc�: 50 - 3744 W 110/1124 - 12OV24 4" Dates: 1011/2 3 - 12131/23 Q2 Clustems: 2 Exciluded POh3 AU Inchaded /',, V G � " C, N 0 r, � R T R T P $184.35 AV (', Y RA A ", A i" I"I:0 Ik T T G, I P 3.62 transactions 1 0 l A I- 5 P 1. NI D $9,063,666 $6,7Q7,77I - S11 329,1,6�� rOTA l 'r R t 31,027 2 070 - '18, 784 Page 78 of 377 Travel Ashland FY 24-25 Geo Data Filters. liq�Statp Out-of-swaw DiStanm 50 - 3744 mi DaUs: 1011124 - 12F31JU 4' Dates: 10/1/2 3 - 12/31/23 Q2 Clu,,tem: 2 Exchided P01At[ Included DMA shah of "Spend % Avg. Spend Porhard- OR 18.9% $183,102 San Franmsco-Oak•Sar )ose 15.4% $208.40 Mc"dI0Ifd-KWmmh FON� 8,12% S139.48 S,Wte-Tacoma 6J,91A, $175,58 Sac ramn to,Stkto n, Modesto 6.17% $167,65 Los Angeles mommummummm 6,14% 5205,21 [UPelIC NMOKKOKNOW 5.7 6 % $159,92 Chica-Redding almomm 3.02%h $183,17 New York qmmm' 2,24% $27439 Eureka sow 2.02% $269.26" Top Categories C 'P.Jqgo�(Y Shw'vol Spend Avg, 'Spand Dining and NtPhlfife 22,99b $82,30 Accornmodations 22% $257.97 Gnxeryand Dent sTom-, 21.6% $92,93 Somcv Stafion,� 11,6% $56,56 Sppcialty WaH 7A4% $92.76 UotNng and Accessm trs OWMENSWAM 4.31% $143,02 L65ure, Recreafion anid Em 3.99%, $130.67 4mmmmmmm Fast Foad Restawants 3,82% $26,50 QW89mmum Pprsona� Care and Sel VI ce. VIM, Genvrtd Sorvioe% $26-72 Travel Ashland FY 24-25 Geo Data Filters: � ri, Sow OW-of-staw Di51,aA(,'P: 50. 3744 W DaV,5: 10/1124 - 12/3V24 4� Dates: 1011/23 - 12131/23 'Id Q12 Clustcms: 2 EXGWded POh� All [nchudcd ........................................................................................................................................................................................................................................................................................................................................................... STR Monthly Averages for 10/24 - 12/24 A D � I,7, A N C 0, $119,00 0) 46.8% A 1'011, v�s, Cai nipw F. LI'Mus V 6,2% va Compare .,a1: s R P/ P A HI hC k ,,, 1, bl iJ f- $57.00 $ $1,840,815 V 1,71% 'iConnpru V 2,2% CSrnpaio 1; 11 P Y N J 32,353 15,1163 m 0A% J'"S U 6.21 ; C,,,inpwc'- D-,W�% STR Trends - ADR 4 a ea Orl 10 Oo� "m OcA Nov 10 N,, �?t) rhv 11@1, 2 0 2 4 �STR Trends - Occupancy Z 0 0 t 0 (IXT 2, 0 Of I Nov t 0 No v 20 Nov IVAP(, 2024 Page 79 of 377 Travel Ashland FY 24-25 Gen Data Filters. liq�Statp Out-of-snaw DiStanCO: 50 - 3744 mi Dates: 1011124 - 12F31J24 4' Datos: 10/1/2 3 - 12/31/23 Q2 CluMem: 2 Excluded T`01f,� AR Included AirDNA Monthly Averages for 10/24 - 12/24 A'V A, S 1, A H, AV A f � 1"', L � ir M gas 349 9,086 ,r,'VA➢1Ar3. L.1 P,1 0 0 V1 I 4 II,) K L I I R D 0 1,/, i�a r �, 1Y 0 r C t, PrI T 4 1 1 I 0 4,323, LT fw'rlrl; 1, It 4 0 ((', V1 Y 0 3 C 0) e-)16 47.21% 0 A I R H I V P A 1,1 $228.00 $108.00 91il Glossary Col W Drf 20 0<1 Nov t 0 Nov 20 `,Vov Q�P� 2 02 4 AirDNA Trends - Occuipancy 6, 52"I'M 2 499K, 4 6 4 39% (,)or 10 20 Gct Nov 1 C Nov 20 Nikv Ul 2 0 24 General 0efinitlons, Distance Filter: Phis dynarn6c finer allcrois you to speephy the distance between the users' home locaflon and yow POL it'd allow you to make real im@ adjusIlurreors to segfnerils like visitors days and nips" (NolcIt's calcuWed on flight dislanco - noC dq rOng dislanco.) III Zip Code: The home zip code of the devuce It's calculated by oltserong the I cat patterns of the device and is updated monthly, based on V)e behavior of that device. Peroont Change: This lriclkfa the percentage difference (either incirea$e err d�ecrease) Thetween two values. hi here, you'll typicafly see iit heing users on metrics like Percent Changr,, of Jnris, and PLicct)tage Change of Visaor Days. For exannPle: if your destmation saw, an increase from 10O trips to 125 trips, your percent change in tops would bc, a 25% increase, GeoloCation Data Definitions Ctusteir � A group of points of Interest (P01s). They could be based on factors like venue lype or visitor purpose. Share of rflps. Measures the presence of a particular market lyy the percentage of whi,ch it inakes ulj the desunation"s Iota] Iflip& Forexarnplei If youN destmation Iliad a total of 80, uRps, and 20 of thosovIistom came from New York, Now York would brave a 25% share of trips" Share of Weller Days: Measures the presence of a pailIicuar market by indicaung, the percentage of its indMdual, wsitordays cornparod to the total number of vishor days. For example, if visitors frorn San Francisco showed 200shor days out of a totai of, 80 visitor days, Sain Franctsco witnessed a 2556 share of visitor days. Trips: The number of di�slinct itips by a Viso or to a desfination or POL We calculate this using a combinavon of olh,.rer wation, patterns and (fistance traveled, For example, Yf A vsifor conies in - market Thursday - Sunday, it only counts as one trip, If they return later in the month, that is counted as a second trip, Trip ILengft Measures I rong, in, days, the miter'spent in the desfi nation,. Unique Devices A unique mobile device„* used to gather air estirrateol flw unique&diwdual visitors W a given II Apr cluster Visitor Days: An estimato of tho numberof cI vis4ors to a giveri P01 orefioMer of POK the dady estimate can be, cakutated based on wrikhewet date unge is solectaid by the users, Page 80 of 377 RernA!",!Ss� tl efinitions Education: WP can repoori cm the educatiork love 10 1 too who Ids iwo three categories: high schou I degree, bachdim's degree, .and graduate, dogree, Age: Age is calculkI by aggiogating a III V16ghti Ing 01C.r age gIOU105 of the known mem be is of the household, based on the pfobabrlityoi sorn awnry in each agge group being present rin the hous'Oho[d. For examp Ie, if the report shows 15% in the 65+ category, 15% O8 YOM visitoiI have bornoone 651, in therm household. EthnicityDemographiclike elhinkity are pulled III the household pro: Me Mat the devitce is assootated orlith, and cossified hasied on the, rieftnifitons prowidIed bV the US. Cenn"us &Areau' Housoholdswith Childron: Repoits on the pnrotrnla�e of housolhoids that have someone under the ago of 18 living in ihorn. Consus Damoglaphics. We calculaite the hrome zip code of the device and then link that user's dernoj,1TapIhRc% :IoOW, housing, and e(0110FTUIC choractenMiCs by u5ingdaidi finortr the U.S. Cen5ur; sftof Ansericm) Coirnnturuly 511111 Advanced Spgnd!%_Pata Definiitions Total Spend: The tolat cstimnto,d spend for all visiictuq for the applied mute II and Met soffings, Total Trips.. Tho esfirnaled Mnrnbtor of Miqua "Irrf:Y5 to a destination, It a cirdholdrn visits in March, arI then returns in June this would be consrderad two soparwe trips. Spend VolmnrI The bilail estirnweni dollars spent. Average Spend, per Tflp. nip, ave, agrP t'lln'liull"Itivv arrount spoint by Oach visNtor I a tril"Aif a Visitor compit"te'd four durrng a trip that mare $2 5 each, then the sjx;iI fo6 this VISLoi fordaps trip Would be $100,, Average Transactions per Trip, The avetroge n unmbei^ of that k,?,'wh virntor c,'.tnnplvdxI Owtng a trip. Average Transaction Slzw r he ovenago doilar onrount, for erich completed €ranr actron, ifa visitor spoill, $50 on gas and Sl 00 at i remmirant riviring a sbort ltrip, then it o aveirage transaction su"e for ill"s vim(or woutel hue $?„" Transaction VoturrI I he rota[ esfiindted nurribei of trot ,-actiom, thi:O occrineo. did Gilossary Repeat Speriders: If we roe I tnrdhtekirrir ma4re two or more trips to tho destination losing all of our hismiricil, data, not jum the filltored daItr,,5), thon they ine ronsiderod i "Repoal Spoindsn" It the cardholder has only made one trip to cho dostination, then they acre considered "One ThI Length of Stay: Length of stay is determined as the difference between the first transaction on a trip and the Iasi transaction can a trip for an individual cardhoider. We reconninetndtsaggiiing the "Pirmary Cards" oplimn whon lookirtgat length M May to remove coirds 11hat a visitor ninay only uso infro(itionay, and thus wiM skvw towards 1-diy trips, Merchant Location: AvailaNeas a Neg. The merchant location 101 the zip code or county where the van5action look place. STIR Data Definitions Demand: Refers to the nuirinber of roorns, sold renthin a specific firne, period, excluding wrnplinInentary roI Oiocupfm,cy, The ipericeiritage of avai[,',xh11e roonns sold during a spodfied NI perio(L Occupancy � Rooms Sold / RII Avada[Ae Revenu:eTotat revenue generated from fI room rentals onsalos, RevPAR: Stands for Revenue Per Available RooM, and is calculated by IffivIding total room IeVeIAVe by the total nuntber, of avaiiable toorns, Room Revenue I Rooms AtorilabIle a RI Supply: Number of roortis available Rn a hotel (or ral of hotels) inuftipfip(l by the rraurnber of (lays In 1'r speofied tirne period. Forexample, of you"re looking for the Mtoply during the month of October, you would muMply (number of avatable rooms) x (31 days In trip niorth). Page 81 of 377 Poe Wkstrorn - Momentum Plver Expothan s (Pas ChwrA ]raharn Sheldon - .4shland C,eek Inn Anne levvel Charlsie, Lane - `,Ieurnan Hotel ]rop We GwwAl- Heal Pestawant, Lounge and GoWen Scott Wbaurn - Wmedef Kmewm of art Quuent Chait) MaM FAA- LqNa Symps Pesort JoAmi Pookyn - Cqy ofAshland Javier Dubon - Oregon Shakespeate Festival Andte,,v Cest - M'n. .4shland Ski Ama Enc Weangn em-i .411 Pouillei - Weislnger Fannlly'V'Viner,� Jar,,/ Bovven - Coli-irribla Hotel Pyan HaWk - Pogm Why MouMan Me Awavatun Doug Knauer - Aslnland City Liaison M"c W mw"Ums" Page 82 of 377 Council Business Meeting �Date: March 4, 2'025 Appeal (#PA-APPEAL-2'O2'5-0002'0) of Planning Action #PA-T2�-2024-00054 a request for outline plan approval for Kestrel Park Phase Ill, a performance standards option (PSO) subdivision, Site Design Review, variance to driveway width, and tree removal permit request, within the North Mountain Nleighborhoodl Plan area. Brandon Goldman, Director of Community Development, Aaron Anderson, Senior Planner SUMMARY Consideration of an appeal of the Planning Commission's January 14, 2025 approval of planning action #PA-T2- 2024-00054 a request for outline plan approval for a performance standards option (PSG) subdivision, a request for residential site design review approval, a request for a variance to driveway width, and a tree removal permit. POLICIES, PLANS & GOALS SUPPORTED The City of Ashland's Comprehensive Plan include policies relevant to the Council's consideration of the appeal. 6.10 Goals and Policies - DIVERSITY OF HOUSING TYPES (6.10.01) (1) Goal: Ensure a range of different dwelling types that provide living opportunities for the total cross section of Ashland's population. • Policy 1: Provide for a mix of housing types that are attractive and affordable to a diversity of ages, incomes, household sizes, and household types. • Policy 3: Integrate housing with other compatible land uses through flexible zoning provisions. • Policy 5: Zone sufficient land at densities to accommodate an adequate supply of housing by type and cost to meet population growth and projected housing needs. • Policy 8: Use design standards to promote neighborhood compatibility and maintain consistency with the character of the surrounding built environment. • Policy 9: Support the retention and development of rental housing 1111111111111mill !111 � 11 11 In* M ;11 lill 1�111 "1 1111 11��Ifli 1111119INW!" I w OEM*" BACKGROUND AND ADDITIONAL INFORMATION Introduction to the North Mountain Neighborhood Plan The Ashland North Mountain Neighborhood Plan (NMNP) is a master -planned development framework adopted to guide the phased growth of the North Mountain area. A neighborhood master plan is a land use tool that establishes zoning designations, street layouts, and infrastructure requiirements to predictably manage future development. Since its adoption, the North Mountain area has developed in phases, with each phase adhering to the plan's zoning and design standards. This approach ensures that development occurs in a structured manner, aligning with Ashland's broader goals for housing dliversity, transportation connectivity, and urban design. The NMNP Area (shown at right with the subject property outlined with dashed line) is approximately 53 acres and is located between Interstate-5 and Bear Creek and west of North Mountain Avenue. The Nleighborhoodl Plan and related implementation standards were adopted by the City Council by Ordinance 2800 on April 2, 1997. Page 1 of 10, 01 irall/d/11;is" Page 83 of 377 V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g The subject property discussed in the attached appeal is designated NM-MF (North Mountain Muilti-Family) and is requiired to be developed in accordance with its zoning designation. This phase of development continues the structured implementation of the North Mountain plan by providing for multi -family housing while integrating with the existing neighborhood fabric. This appeal provides the City Couincil the opportunity to evaluate whether the Planning Commission's findings adequiately support its decision and allows the appellants to challenge the Commission's decision as outlined in its Findings of Fact and Conclusions of Law. However, the review process is limited to determining whether suibstantial evidence already in the record supports the original decision and whether any legal errors were made, rather than re-evaluating the project on its merits or accepting new evidence not previously presented before the Planning Commission. What is "An Appeal on the Record"? Prior to 2008, City Council appeals were handled through a de nova hearing process and the City Couincil was able to consider new information duiring an appeal that was not previously included in the record upon which the Planning Commission based their decision. Since 2008, City Couincil appeals have been handled through an appeal on the record). An "Appeal on the Record" is an appeal of a land use decision where the City Council must consider the same facts and information (i.e. "the record") that the Planning Commission saw. The City Council may not consider new facts or information. The Council will decide: 1) whether there is substantial evidence to support the decision of the Planning Commission, and 2) if the Planning Commission committed an error. Review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Planning Commission in accordance with 18.5.1.060.1. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted duiring the hearing or at other times when the record before the Planning Commission was open; recorded testimony, the executed decision of the Planning Commission, including the findings and conclusions. In addition,, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. Oral arguments on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the applicant, ten for the appellant, if different, and three minutes for any other Party who participated. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written and oral arguments on the appeal shall be limited to those issues clearly and dlistinctly set forth above in this Notice of Appeal; similarly, oral argument shall be confined to the substance of the written argument. Statements of support or opposition are not arguments. The record on this matter remains closed and no new evidence may be submitted. Argument may be submitted only by parties to the planning action. Kestrel Park Hlistory It is important to emphasize that this is the third phase of the Kestrel Park Subdivision which began in 2018 and established the existing road and alley network in accordance with the master plan. Phase 1 was the extension of Kestrel Parkway and Stoneridge Ave., as well as the construction of Nandina Street. It consisted of 15 residential lots and was approved as Outline Plan PA-T2-2018-00005 in December 2018 followed by Final Plan PA-T1 -2019-00075 in November 2019. The final plat was recorded as CS23143, in September of 2020. That application also included amendments to the NIVINP to modlify the street network and address the 'Civic Space' shown on the adopted map. During this approval a traffic impact analysis was conducted based on the total traffic from all phases of the subdlivision, incluidling areas 4 Page 2 of 10, 01 irall/d/11;is" Page 84 of 377 Council Business Meeting through 7. Phase 2 which consisted of the "cottage development" and was approved as Outline Plan PA-T2-2020- 00016 in March of 2020 followed by Final Plan PA-T1 -2020-00113, in June of 2020. The final plat was recorded as CS23242 in December of 2020, and reserved lot 31 for future phases. Original Request The original application was a request for outline plan approval for a performance standards option (PSO) subdivision, a request for residential site design review approval, a request for a variance to driveway width, and a tree removal permit. Mlodified Request On December 9, the day before the Planning Commission hearing, the applicant informed staff that they were removing 'area 7' and its proposed development from the application, and instead would plat the area as a single lot reserved for future development. On December 10, 2024 the applicant informed staff in writing that "Based on comments received from the neighboring property owners of the proposed Kestrel Park, Phase /I/ application, the applicants have decided to withdraw area 7 from the application, including all associated entitlement requests such as the proposed property lines, tree removal and site review proposal. The applicants are still proposing to move forward with the remaining areas, area 4, 5 and 6, but will eventually re -apply for entitlements for area 7 in the future."' The request,, after the removal of area 7, is for outline plan approval for a 13-lot PSO subdivision and Site Design Review approval. The Proposal is a total of twelve -lots for residential development, eight of the lots are proposed for single-family residential (SFR) development (which may or may not eventually develop with ARU's). The Site Design Review includes four lots with a total of 16-units of multi -family housing (area 6), as well as three buildings of attached single family (areas 4 and 5). The thirteenth lot will is proposed to be reserved for the future development of area 7. Plainningi Commission Decision The Planning Commission approved the application with conditions of approval. [At the applicant's request the portion of the application involving area seven was withdrawn from consideration at the beginning of the hearing] Appeal Request Subsequent to the mailing of the Notice of Decision and the Planning Commission's adopted findings, an appeal was timely filed by Vida Taylor et al. The appeal application included the required form, and a three - page letter listing eight points of appeal signed by Ms. Taylor and nine others. The appeal application also included a fouir-page letter titled "Testimony on Kestrel Park Phase 1111 Site Development" which is a near identical letter to what was previously suibmitted by Mlr. Kinsinger on December 5th and again on February 18th. The majority of the Kinsinger letter raises concerns that had to do with "Area 7" which was removed from consideration. The other issues raised in the Kinsinger letter overlap entirely with the eight issues raised in the Taylor letter including street design standards, alley access, lot coverage and buiilding design. The eight assignments of error for the appeal are summarized below: 1. That the standards provided at AMC 18.3.5.030.0 are not met. This section of code is the "Supplemental Approval Criteria" for the North Mlountain Neighborhood plan. The appellant specifically cites density, building design, building orientation, and concerns about increased traffic. Page 3 of 10, 01 irall/d/11;is" Page 85 of 377 F nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g 2. That the standards provided at AMC 18.3.5.1 OO.C.3 are not met. This section of code is specific to the design requirements of alleys for the North Mountain Neighborhood. The appellant raises concerns with the number of units taking vehicular access from an extension of existing alleys. 3. The third appeal issue restates the concern that the standards provided at AMC 18.3.5.030.0 are not met. The appellant then specifically cites concerns with the multifamily development building design, and parking being Infront of the buildings. 4. That the standard provided at AMC 18.3.9.040 are not met. This section address "Adequate key City facilities" and the appellant raises concerns with police and fire protection, and adequate transportation. 5. That the standards provided at AMC 18.5.2.050.0 are not met. This section addresses compliance with Chapter 18.4. The appellant then specifically cites concerns regarding density, traffic, and evacuation. 6. That the standards provided at AMC 18.3.5.1 OO.A are not met. This section address "Site Development and Design Standards for 'Housing'for the North Mountain Neighborhood. The appellant then specifically cites building orientation, building design, parking, and fire protection. 7. That the standards provided at AMC 18.4.4.070 are not met. This section addresses the required open space. The appellant then specifically cites concerns regarding lot -coverage, building design, views, and generally the development of multi -family housing. 8. The eighth appeal issue does not include a code citation but raises concerns with fire safety and evacuation. This appeal on the record is limited to these eight grounds for appeal which were clearly and distinctly identified in the appeal request. As provided in AMC 18.5.1.060.1.5.b.,, in their review "the Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal." Except when limited reopening of the record is allowed as provided in AMC 18.5.1.060.1.4.b., the Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. The City Council review is limited to the issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council which was not raised before the Planning Commission with sufficient specificity to enable the Planning Commission and the parties to respond. Considering the Grounds for Appeal This appeal will be processed on the record according to AMC 18.5.1.060.1. The grounds for the appeal ara identified by the appellant are: 1) That the standards p,rovidled at AMC 18.3.5.,030.0 are not met. The appellant stated): We do not believe this design conforms to requirements of AMC 18.3.5.03O.0 relating to the N. Mountain neighborhood plan in regards to density, building design and building orientation. The currently proposed Kestrel Park hillside subdivision will add 43, units to the streets system with the possibility of adding another 10 ADUs. Mountain Meadows streets will not accommodate the increased traffic flow and parking. The streets are narrow, with cars parked on either side, causing one way traffic which is further impaired by large trucks and service vehicles that need access Page 4 of 10 01 irall/d/11;is" Page 86 of 377 V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g The citation to AMC 18.3,.5.030.0 is a section that is titled "Supplemental Approval Criteria"' for the North Mountain Neighborhood Plan (NAP) and are set out in full below. C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of this ordinance, applications within the NM district shall also meet all of the following criteria. 1. The application demonstrates conformity to the general design requirements of the North Mountain Neighborhood Plan, including density, transportation, building design, and building orientation. [underline added] 2. The application complies with the specific design requirements as provided in the North Mountain Neighborhood Design Standards. These supplemental approval criteria require compliance with both the "general design requirements" (the standards at AMC 18.3,.5.040) as well as the "specific design requirements" (the standards at AMC 18.3.5.050 through 18.3.5.100. The effect of this singuilar reference to 18.3.5.03,0.0 invokes the totality of the NIVINP standards. With regard to density, buiilding design and) building orientation, traffic and adequacy of the size of the streets staff would note the following. First, with regard to dlensity- The North Mountain Neighborhood plan has both a required minimum density as well as a maximum density. Throughout each phase of the subdivision the density has been tracked to ensure that the total number of dwellings falls within the requiired range. The Planning Commission Findings provide a detailed table in Section 2.4.6 (Page 7 Planning Commission Findings) showing the number of units in each zone for each phase. Prior to the consideration of the present application the allowed density for the subject property was between 24 and 40 dwelling units. For the purposes of density, the proposal was 22dwelling units. The Planning Commission included a condlition of approval that the future development of area seven meet the minimum density requirements of at least two units and cannot exceed eighteen. The Planning Commission found that with the condition of approval for future development of area seven that the standard was met. Next, with regard to building design and building orientation, on Page 9 of the Planning Commission Findings they addressed the architectural Design standards at AMC 18.3.5.1 OO.A. 1 and adopted the following findings: The Planning Commission notes that the application materials include extensive drawings of the proposed buildings with each having eaves, covered porch entries, gables and in some cases dormers. The Planning Commission concludes that each proposed building design includes at least two of the required features satisfying the 'Architectural Design.' Requirements. The Planning Commission notes that the building orientation standards require that "Dwellings shall be designed with a primary elevation oriented towards, a street." The Planning Commission notes that the site plan clearly shows that each proposed building has its primary orientation to the street and finds that the orientation standard is met. Next, with regard to traffic and adequacy of the size of the streets, on Page 10 of the Planning Commission Findings they addressed the Street Types and Design Standards at AMC 18.3.5.1 OO.0 and adopted the following findings: The Planning Commission notes that this section provides many types of streets for the NMNP area with the primary type being a "neighborhood access street" which is composed of "a 48-foot right-of-way, which provides for a 15-foot travel surface, seven -foot parking bays, and eight -foot planting strips and five-foot sidewalks on each side." The project also includes alleys which are "a 20-foot wide right-of-way which contains a 12-foot wide improved alley and fouir-foot planted or graveled strips or shoulders." The Planning Commission once again notes that this is the third phase of the Kestrel Subdivision, and the extension of the street system approved at that time. The Planning Commission further notes that the Page 5 of 10 01 irall/d/11;is" Page 87 of 377 V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g application materials containing detailed civil plans showing that the proposed cross sections meet these design standards and conclude that this standard has been met. Additionally, Staff wouildl reiterate that the Traffic Impact of the entire Subdivision was assessed with the original approval of Phase 1 of the Kestrel Park Subdivision. Lastly, the appellant incorrectly states that it will add 43, dwellings; what was approved was 8-Single Family Residential (SFR) Lots (Each of which may or may not develop with an ARID or second unit), and 16- dwellings of multifamily on four lots for a total of 24 dwellings, and reserving 'area 7'for future development, with a condition of approval that its future development meet the density reqluiirements of the NMNP. 2) That the standard provided at AMC 18.3.5.100.C.3 is not met. The appellant stated): We do not agree that AMC 18.3.5.100.C3 is met in this design. In area 6. eight units are proposed with access onto Julian Court alley,which already serves another 10 homes that have driveways and garages on the alley. The code describes an alley as a paved surface serving the rear of a property to diminish use of the main access as property frontage. The alley adjacent to the two proposed apartment buildings in area 6 is supposed to serve the residents'kvlio have driveways either side of of the alley, and is 12 feet wide. It cannot be widened due to property lines and required setbacks and easements. Currently, cars exiting the alley have to back up in order to allow cars to enter from Plum Ridge Drive. Widening the alley next to the apartment buildings in lots 3,7 and 38 to 20 feet will create a bottleneck, causing a danger to property owners on the west end of the alley as well as anyone trying to enter or exit from the East, including fire trucks, service vehicles and ambulance services in addition to a large number of residents, many of whom would live next to the alley. AMC 18.3.5.100.C.3 is specific to the design requirements of alleys for the North Mountain Neighborhood and is set out in full below. 18.3.5. 100. C3. Alleys. One of the most important features making up the neighborhood is the alley. Alleys allow parking to be located at the property's rear and diminish the negative impact of garages proliferating along street frontages, reduces pedestrian and vehicle conflicts at curb -cuts, and reduces impervious hard surface. In addition, homes, instead of garages, fill the street frontages, providing maximum opportunity for social interaction. The alley cross section is a 20-foot wide right-of-way which contains a 12-foot wide improved alley and four -foot planted or graveled strips or shoulders. The appellant raises concerns with the number of units taking vehicular access from an extension of existing alleys. It should be noted that AMC 18.3,.5.040 requires that "if an alley serves the site, access and egress for motor vehicles shall be to and from the alley." Additionally, the code requires that an alley cross section is a 20-foot-widle right-of-way which contains a 12- foot-wide improved alley and four -foot planted or graveled strips or shoulders. As mentioned above, this is what the applicant has proposed which meets the stanclard. Also, it should be noted that area 6 is also served by a proposed twenty -foot driveway approach connecting to Nandina. 3) The thircl appeal issue restates the concern that the standards at AMC 18.,3.5.030.,C are not met., As mentioned above in point one this citation is to the "Supplemental Approval Criteria" for the North Mountain Neighborhood Plan (NMNP). Page 6 of 10, 01 irall/d/11;is" Page 88 of 377 F nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g The appellant stated): Supplemental criteria described in AMC 18.3,.5.030.0 are not met by the design of apartment buildings in area 6. The buiildings are very different in size, height, density and building orientation from other buiildings in the neighborhood). The building designs dlo not comply with the North Mountain Neighborhood Design Standards, requiring all buiildlings to face a street, not an alley. The apartments face Julian Court alley, but require residents to enter and exit through the rear door, into the parking lot, with no entrance on the other side of the buiildling. This is a fire danger that is at odds with the North Mountain Design Standards. Car parking is in front of the buildings, and are sized for compact cars, which is not adequate for most vehicles used in our area. This is again at odds with the North Mountain standards. The appellant then specifically cites concerns with the multifamily development buildling design, and parking being 'In -front of the buildings. It should be noted that Area 6 is an area proposed for four -lots with three separate buildings (two fourplex and an eight -unit apartment building) served from a single driveway to a common parking area with access to the existing alley network. Those buildings that have frontage on a street provide orientation to them via a pedestrian connection as shown on the applicants site plans. The building in the northeast corner of the development, like the others, is served through the shared parking area as is common in multifamily developments. 4) That the standlardls p,rovidled at AMC 18.3.9.,040 are not met. The appellant stated): The proposed apartment buildings in area 6 do not meet city of Ashland standard AMC 18.3.9.040, requiring adequate police and fire protection, and adequate transportation. The density of the project is over 2 times greater than the density of phases I and II, with larger units sited lower down the hilL requiring some of the apartments at the top of the hill to be less than 3,010 square feet, and the rest to be less than 500 square feet. This results in having a large number of people cranuned into the buildings with the least road access, causing a dangerous situation in the event of a fire or earthquake, and causing rescue vehicles to compete with residents trying to exit the premises. Some of these residents are expected to be elderly and some may be handicapped, needing more services than those at the bottom of the hill, in single family dwellings AMC 18.3.9.0140 is not a specific citation but rather the entire section addressing "Review Procedures and Criteria" for the Performance Standards Option reguilations. The applicant raises concerns about "Adlequate key City facilities"' and lists police and fire protection, and adequate transportation as concerns. Staff understand this to be a reference to AMC 18.3.9.040.A.3.b which is the 211d' approval for Outline Plan Approval and is set out in full below. 18.3.9.040.A.3.b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity., urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. Both the application materials and Planning Commission findings detail the provision of water, sewer, paved access, and storm drainage. Additionally, the application materials state that "The project's Civil Engineer has communicated with City staff to ensure the subject infrastructure needls meet City standards and adldress all capacity requirements." Additionally, as it relates to fire and police service staff would again note that the City street standards are all being met, as well as the extension of previously approved utilities whose capacity was based on the total development density of the entire Kestrel Park. The Planning Commission adopted findings that based on the "consultations with representatives of the various City departments" that the proposed development will not cause a City facility to operate beyond Page 7 of 10 01 irall/d/11;is" Page 89 of 377 nCouncil Business Meeting capacity and made findings that the approval criterion is satisfied. 5) That the standards provided at AMC 18.5.2.050.0 are not met. The appellant statedl: Transportation is very limited In the N. mountain neighborhoods. In addition, there are no grocery stores or other kinds of services that residents of these very small apartments need to access to meet their daily needs if they do not have automobiles. This is at odds with AMC 18.5.2.050 C. We request that the Kestrel Park subdivision be redesigned with a reduced density appropriate for the existing streets as well as future extensions. We would support building homes at a lower density on the hillside, but the current plan is not seen as appropriate for the Neighborhood Design Standards for the above reasons. The planned multi- family super dense buildout of small units is not compatible with the character of the rest of the neighborhood. The zoning's multi -family provisions could be met by a project half the size of the proposed project. This is the 3rd approval criterion for Site Design Review and it in turn invoked compliance with the entirety of AMC 18.4 (This is the largest part of the Land Use Ordinance andl contains 10 separate chapters). The appellant then specifically cites concerns regarding density, traffic, andl evacuation. 6) That the standards provided at AMC 18.3.5.100.A are not met. The appellant statedl: AMC 183.5. 100 A We believe the proposed development does not meet the general design requirements for the North Mountain Neighborhood Design Standards. They do not have street frontage as required in the above. The two apartment buildings abutting Julian Court Alley have only one door for entrance and exit. This is a fire danger. The Parking area blocks over 50% of the front of the building, which is not in compliance with the above standards. Access to these buildings is limited by the fact that they are not situated on a road, but rather are on an alley that does not have two way access to the nearest street, hampering services including fire and emergency services. This section address "Site Development andl Design Standards for `Housing' including Architectural Design, orientation, repetitive elevations, other setbacks, terracing, porches, driveways. The appellant then specifically cites building orientation, building design,, parking, and fire protection. Staff would note that the Planning Commission findings address these standards comprehensively on page 9 of their findings, and that the architectural design andl building orientation was adldressedl above, including the common area parking the lack of street frontage. With regard to parking, Staff would note that changes in state law as well as our local ordinances no longer have parking minimums for development, however, the code does requiire that where it is provided that it meet the standards of the Land Use Ordinance. In the present application for `area 6' the applicant proposed a total of sixteen parking spaces that are uinder the main building, with four additional parking spaces, as well as a single ADA parking space. This provides one parking space for each unit as well as four unrestricted guest parking spaces, in additional to the available on street parking. 7) That the standard provided at AMC 18.4.4.070 is not met. The appellant stated): The proposed apartment buildings do not meet coinnion and private open space requirements in 18,.4.4.070. The plan would cover 68,% of the lots with pavement or structures. This would increase runoff down the steep hill onto the Page 8 of 10, 01 irall/d/11;is" Page 90 of 377 V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g residences below. The building design and parking areas, combined with new roads, would increase the already high temperatures in the summers, and the crowding of a large number of residences into a too small area would reduce air flow causing loss of air circulation and raising already high temperatures for all residences in the area. The apartment buildings would be the tallest strictures in the area, and their design is not compatible with other residences nearby. They will interfere with the views of residents on Plum Ridge Drive, who purchased their homes with assurances that the lots below were zoned for single family homes. They also will interfere with the views of residents across Julian Court alley, who had the same assurances when purchasing their homes. The final criteria of approval for Outline Plan (AMC 18.3.9.040.A.3.h) provides the following: 18.3.9.040.A.3.h. The proposed development meets the common open space standards established under section 18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section 18.4.4.070 if approved by the City of Ashland. This section addresses the required open space. The appellant then specifically cites concerns regarding lot -coverage, building design, views, and generally the development of multi -family housing. On Page 9 of the Planning Commission Findings, they addressed the this approval criteria and) the Open Space standards and adopted the following findings: The Performance Standards Option Chapter requires, that at least eight percent of the total lot area be provided in common open space for developments with a base density of ten units or greater. The Planning Commission notes that the firsts two phases dedicated nearly 50% of the total project land area to dedicated open space including the floodplain and wetland areas as well as additional open space provided in phase 2 of the project. The Planning Commission conclude that with the previous phases of the subdivision considered and the ample amount of land dedicated that this criterion of approval has been fouind to be satisfied. 8) The eigihth, appeal issue does not inicludle a code citation but raises concerns with, fire safety and evacuation, The appellant stated): Fire Safety: In today's world, this density is a serious safety issue. The very worrisome annual fire danger is an issue we cannot avoid. High density coupled with narrowed streets is a recipe for catastrophe. The proposed streets in Kestrel Park and surrounding N. Mountain Neighborhood do not have the capacity to evacuate residents in a timely fashion. We believe the evacuation study done recently by the city indicates it would take 4.5 hours to evacuate the city in case, of fire. The North Mountain roads would become congested within 15 minutes. We have all seen recent fires where all homes in a neighborhood were burned in a very short time, including in our own area. The Alameda Fire started not half a mile from this neighborhood, and we have seen the destruction first hand. A similar occurrence here would be devastating to not only residents of this community, but the entire city of Ashland. This is the only appeal point raised which does not include a citation to a section of the land use ordinance. Staff would note that the adequacy of the road network and transportation have been addressed above, as well as being reviewed in the previous phases of the subdivision. footnote Eight of the proposed multi family units are less than 500, square feet so, for the purposes of density they only count as 0175 [8 SFR' + ((8 x 0 75) + 8) A4FP= 221— FISCAL IMPACTS There are no direct fiscal impacts related to the appeal of the planning action. SUGGESTED ACTIONS, MOTIONS, AND/OR OPT'IONNS Staff recommends that the City Council adlopt the Planning Commission's Findings of Fact and Conclusions of Law as their own and affirm the approval of the application. The Planning Commission conducted a Page 9 of 10, 01 irall/d/11;is" Page 91 of 377 V nal,11111111111ilial, C o u n c *11 B u s I n e s s M c c t I n g comprehensive review of the proposal and determined that it complies with the applicable approval criteria, including zoning, density, site design, and infrastructure requirements established in the North Mountain Neighborhood Plan. The appeal process is limited to evaluating whether substantial evidence in the record supports the Commission's decision and whether any legal errors were made. In Staffs assessment, the application meets the applicable standards, and the Planning Commission evaluated each of the criteria cited in the appeal. Adopting the Planning Commission's findings provides a clear and consistent basis for upholding the original approval while maintaining the integrity of the land use process. Unless the Council chooses to approve the appeal and overturn the Planning Commission's decision, or to modify or supplement the Planning Commission's findings, no additional findings are required). However, if the Council decides to deny the application, thereby amending the Planning Commission's decision, new findings must be drafted to reflect the CounciII's determination, includling the specific reasons and criteria supporting the denial. POTENTIAL, MOTIONS 1. "1 move to affirm the decision of the Planning Commission and reject the appeal for the reasons that there is substantial evidence in the record to support the Planning Commission's decision, that the Planning Commission did not commit any errors of law, and to adopt the Planning Commission's Findings of Fact as the City Council's own. " 2. "1 move to overturn the decision of the Planning Commission, approve the appeal, and deny the application for PA-T2-2024-00054, finding that the Planning Commission's decision is not supported by substantial evidence andlor contains errors in the application of the approval criteria. I further direct staff to prepare written findings for adoption by the City Council, specifying the basis for this decision [include specific assignments of error as discussed in deliberation], including the identified deficiencies in the Planning Commission's findings and conclusions. " *Please note that as a quasi-judlicial land use application,, this project is subject to the'120-Day Rule' under Oregon land use law and has been extended as far as allowed by law by the applicant. A final decision of the City is required by March 18, 202'5 with findings to be adloptedl within 14-days thereafter, and as such remanding the decision back to the Planning Commission is not an optio . REFERENCES & ATTACHMENTS 1. Kestrel Park — PA-T2-2024-00054 — Applicant Submittal 2. Kestrel Park — PA-T2-2024-00054 — Public Comments Before PC meeting 3. Kestrel Park — PA-T2-2024-00054 Staff Report 4. Kestrel Park PA-T2-2024-00054 Area 7 Withdrawal Email 5. Kestrel Park PA-T2-2024-00054 PC Staff Presentation 6. Kestrel Park — PA-T2-2024-00054 — PC Applicant Presentation 7. Kestrel Park — PA-T2-2024-00054 — Planning Commission Findlings 8. Kestrel Park — PA-APPEAL-2'O2'5-0002�O Appeal Submittal 9. Kestrel Park PA-APPEAL-2'O2'5-0002'O Public Comments 10. Kestrel Park—PA-APPEAL-2'O2'5-0002�O Appellant's Legal Argument Page 10 of 10 Page 92 of 377 Planning Division 51 Winbiurn Way, Ashland OR 97520 541-488-5305 Fax 541-488-600i6 FILE # DESCRIPTION OF PROPERTY Pursuing ILEEDtC Certification? El YES 11 NO, Street Addres,sPriimiary Frontage on, Stoneridge Ave, Ashland OR 97520 Assessor"s Map No. 39 1 E 04AD Tax Lot(s) 86'00 ME. NM MF Comp Plan Designation Narth Mountain Plan APPLICANT Name Taylbred Elements Construction Phionie 541-690-1617EMail office@tayloredelements.carn Zip PROPERTY OWNER Warne PDK P,ropertiles, LLC Phionie 541-621-8095EMail kyle @tayloredelelmelnits.com, Add res, 1679, J�ackson �Rd. . City Ashl�and zip.917520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Tithe Civi) EngineerN,,i,CEC Engineering Phone 541-779-5268 E-Mail miark@cecenigineerilnig.com Address 13'2 W Main, St. # 103', TitleSurveyor NarrePolaris Survey Address 151 Clear Creek Dr. PEM Phone 541 -601 -3000 E-Mail 'hawn@solarissurvey.COM I hereby certify that the statements and infoanation contained in this application, including the endosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown & their location found to be incorrect, the owner assumes full responsibility. I further understand that it this request is subsequently contested, the burden will be on me to establish 1) that I produced sufficient factual evidenf.e at the heating to support this request,' 2) that the findings of fact furnishedjustifies the granting of the request, 3) that the findings of fact furnished by me are adequate and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely itr not only the request being set aside, but also possibly in my structures being built itr reliance thereon being required to be removed at my expense. It I have any doubts, I am advised to seek competent professional advice and assistance. 11.1.2024 Applicant's Signature As owner of the property involved in this request, I have read and understood the comp'lete application an'd its consequences to me as a property owner. Property Owner's Signature (required) [To be completed by Cq &3ff] 11.1,2024 W-1 Date Received Zoning Permit Type Fnlinig IFee $ OVE R /10 G conm-der Planning -Farm & Handmts,Zonjng Pig ll 8 3 eemerTT loll MOV61111su.1'14, .mika- L APPLICATIION FORM must be comiplleted and signed by both applicant and property owneir. L!r PLANNING FEES FORMI Irmust be completed and §igined by both applicant and property owner. FINDINGS OF FACT — Respond to the appropiriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings crit&i,a and the evidence that supports it. Include information necessary to address all issues detailed in the Pire-ApplJcationi Comment document. * TIRUE SCALE PDF DRAWINGS — Standard scale and formatted to print Ino larger than 11 x1 7 inches. Include site plan, building elevations, parking and landscape details,. * FIEE (Check, Chiarge or Cash) * LEER, CEUIFICATIION (optional) — Appllicant's wishing to receive Ipriioriity planning action pirocessing shiallll provide the following documentation with the application demonstrating the completion of the follllowing steps- • H i ring and retai n ing a IL EE N) Accredited P rofes§ioinal as part of the project team th iro u:g lhout d esig n and coinstrucfion of the project; and • The LEEDchecklist indicating the credits that will be pursued. 01 ApplJcafions, are accepted on a first come, first served basis. 01 ApplJcations, will not be accepted without a complete application form signed by the appllicant(s) AND property owneir(s), all required materials and full Ipaylrment. 01 All applications received aire reviewed for completeness, by staff within 30 days fromi application date in accordance with ORS 227.178. • The first fifteen COMPLETE appllilcations submitted are processed at the Inert avai[able Planning Commission imeefiing. (Planning Commission meetings include the Hearings Board, which meets at 1:30, pm, or the full Planning Commission, which meets at 7:00, pm on the second Tuesday of each month. Meetings are held at the City Council Chambers, at 1175 East Main St), • A notice of the Iprojlect request will be sent to neighboring properties for their comments, or conicerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. G mnm-der Planning -Farm & Handmts,Zonjng P L1,VI V Iq17eurn "'KES 3 91 Tract 15-LOT PERFORMANCE STANDARDS SUBDIVISION, SITE REVIEW PERMIT AND TREE REMOVAL PERMIT SUBMITTED TO CITY OF ASHLAND FOR TAYLORED ELEMENTS 1679 JACKSON RD, ASHLAND, OR 97520 No'l th A.1011ritaill zoningAlap NOVEMBER PT, 202 Pmgee!V o 37 umter- � 1. PROJECT INFORMATION: PROJECT NAME: "Kestrel Park Phase 3" LEGAL DESCRIPTION: Area 4, 5, 6 & 7 of the Kestrel Park Subdivision APPLICANT: LAND ITSE PLANNING: ENGINEER: PDK Properties, LLC Urban Developnient Services, LLC CEC Engineering 1679 Jackson Road 670 Nepenthe Road 132 W. Main Street Ashland, OR 97520 Ashland, OR 97520 Medford, Oregon 97501 PROJECT ZONING: As illustrated in the inserted Zoning Map (above), the property is zoned North Mountain NM-MF (inulti-family), The subject property is part of the Kestrel Park Subdivision and is referenced as Areas 4, 5, 6 & 7 on those plans. Areas 1, 2 & 3 have been recorded, public infrastructure completed and single family and cottage housing construction has occurred. This particular proposal is regulated by the AMC, Chapters 18.3.5 (North Mountain Neighborhood District), 18.3.9 (Performance Standards Option Subdivision) and 18.5.2 (Site Review). PROJECT PROPOSAL: The applicant is requesting approval for a Performance Standards Option Subdivision to create 15 lots within the Kestrel Park Subdivision within the North Mountain Park Neighborhood Master Plan area. A total of 38 units are proposed, consisting of a mixture unit sizes and 2 111 PNge Tj 3r eWulote housing types, including niulti-family apartments which are subject to a Site Review Peniiit. Of the proposed 38 units, 28 are apartment units on four lots and 10 are single fainily residences. Of the 38 units identified oil the site plans, 20 units are less than 50O sq. ft. and IS are greater than 500 sq. ft. A Tree Removal perrialt is also being sought to remove a volunteer multi -trunk Cherry Tree. Vote: Tfith previousli, conipleted site plan stuelies, inchiding elesign plans and irifrastriicture plans, the applicants had identified accessory iinits with each singlefiainill, residence as a coinprehensive approach to planning the suhiect propertY, however, the ulthnate decisiori of inchiding an accessory iinit is depenclent on the prcferences o iture honie owners carol o this application.ff, f J5, I'mr, LOT J:W pirb 9 0'y 0W . . ................................... 1111� I M .............. . . ................ AT' �� a s ar7r�� 1� UM II u)r4 12 MACTI AIMA 6 LOT 10 13 80pawxj W C4 "s rw LOT 9 NAN LOT 14 AJM 5 qp srs4v-4/ I f r5 73 74 . ... . ..... S 110T M 097T, 7 &OTO P L'ar 7 $4 A) 61� 14 O.R. 201.9�07765 AXAA 4 . .. .. .. .. .... .. LOTS I COMMOMAREA "B"Mkb GM. 8101518j� F, a, - ila!"AR" AW�,7,WW � , - 8 , , — I ----- ......... 01' L,01'9 rre'5r W J�") I + 1\1 1A7T 12 TIOT I A 0 TRACT "A" 4,19 va 1, 1 ACRE,`; 44 zor 5 A6� WA lid 15 .. .... ..... 0 ft SAPOAKY WHPI f.X5CKCw LOT 4 1 Pi"R 10,N 95V 1-4M AN "'A 01 01 wart $MKO512WIIEII,A�IWPUI LOT 4, 15 3AA� agn 1 C, I z RAJ, 8758'2rV 4" W — 442,'89 99' LOT LOT I LOT J 9 r xfto 0. 9'0,5x PIN P,a "•x�. .X dim �. w-,"R, wali ANhF pia" 62791 1641aw ,1 WAY NB,s r B'OX .... .... 0 .5 q!!!r5,607` W — 2, 7 JS 5�5R 14'l " W — Kestrel Park Subdivision Plan (portion of) - Outlined Proposed Development AFea (Tract "B" - Phase 111) PROJECT HISTORY: Beginning in 1995, the City of Ashland held a number of neighborhood meetings, including a design cliarrette, between property owners and neighbors of the North. Mountain area which included City staff and Professional Land Use Consultants. The effort eventually culminated in a master plan called the North Mountain Neighborhood Plan which was adopted in 1997 (Ord #2800) and included amendments to the City's Coilipreliensive Plan, Zoning Map, Land Use Code and Site 3 111 Pmgee!V mt3o 7 uer- � Design and Use Standards to guide the eventual development. The expected build -out period at that time was estimated at 20 years. In 2004, a large portion of the North Mountain Neighborhood was approved for an 8 1 -lot subdivision by a Development Company called Camelot Honies who developed a majority of the subdivision's road and a few homes, but later sold the property due to the poor economy.. The remaining areas of the North Mountain Neighborhood are either pending eventual development or were developed between 200t 5-2017 by other property owners, including the Julian Square Mixed -Use Development, Great Oaks Subdivision, Plumb Ridge Subdivision, Mountain Meadows Retirement Center and the newly constructed three-story condominium building on the comer of Plum Ridge Court and Fair Oaks Avenue. In Deceniber of 2019, the Planning Commission approved a Final Plan proposal for a 15-unit, 17-lot subdivision for Areas I and 2 of the Kestrel Park Subdivision, including a remainder parcel which included identified fixture phasing Areas #3 - #7 (PA -TI-2019-0OO�75). This area or phase of the master plan consists of single family detached homes which are predominately completed, In July of 2020, the Planning Cominission approved a Final Plan proposal for a 15-unit, 16-lot subdivision for Area 3 of the Kestrel Park Subdivision, including a remainder parcel which included identified future phasing Areas #4 - #7 (PA-TI-2020-00113). This area or phase of the master plan consists of attached and detached cottage homes which have been completed, PROPERTY DESCRIPTION: Areas 4, 5, 6 & 7 of the Kestrel Park Subdivision is 2.27 acres. The property is surrounded by existing development within the North Mountain Neighborhood and developed as part of the North Mountain Neighborhood Master Plan. The subject property is vacant and relatively steep. The slope of the property is generally east to west and ranges from 7% to 15%. Other than the slope of the property and a niulti-pronged Cherry Tree, there are no other natural features on the property, but there are multiple public streets or alleys that extend to the property that were designed to connect and extend through the property. PROJECT DESCRIPTION: Subdivision: As illustrated within the attached Preliminary PUD Map (Kestrel Park, Phase III), the applicants are proposing Tract B (as illustrated within the insert on Page 3 (Areas #4, #5, #6 and #7)) be divided into 15 lots with the majority of the housing being on the niost level and least sloping area of the property (Areas #6 and #7). These areas will be divided by public streets which will extend to and through the property from the adjoining neighborhoods (see Assessor's Map insert on Page 5 - hi -lighted areas). There are two existing alleys abutting the property that will eventually be extended or widened to accommodate City Street Standards and the North Mountain Plan's intent for street and pedestrian connectivity. The alley (no name) within the northeast comer of the property will extend along the north side of the property in an east to west direction and cross through the rights -of -way of Patton Lane and Stoneridge Avenue as well as two existing public alleys. This particular alley aligns with a pedestrian path that 4 111 connects frorn Stoneridge down to Kestrel Park -way and Kestrel Park. The other existing public alley is called Mariposa Court which extends north to south connecting to Nandina Street and Pluni Ridge Drive (see insert on Page #5 - below). The alley as well as the necessary infrastructure to serve the proposal exists within the adjacent rights -of -way and was originally designed and installed by the original developers to extend to and through the subject property. Grading, drainage, street, and utility plans are included in this subinittal. Such plans have been coordinated and designed in concert with various service agencies and City staff. 3 � 460 15 39 16 4900 4800 10 66d 39 9 0, 0 1, Ac. 0.014 Ac. 0,112 Ac 9 D 05 Ac- 0 12 AD. 01.00 A FSTRZFT IPLUG 6700( 11 SUI 17, C. -N "U"D 57 D vmm L AC 730,0 ,roll J200 2 27 AD 111, 012 Ac. 0. 10 AD. /4 -7� M 74010 "I 0.12 Ac. '5 ANDIN ST. 78010 500 0.01 A I'S"TRE I'll Ac, 116571 SEI 600( 1, 111 Ac 39 1 -7 CS 23'143 7 SRI 86�05 30 0 11 -1h, 7700 '5n 11 SUP11 S" 23242 1 0.11 Ac 81604 10 DID 0 04 Aq 07 05 8603, ""'Z '� An q'n 2 Po W, VO 2 7 81001 I a 7900 8 210 0 3 0 0 0 12A D 116 A 0. 13 AC 0. 12 Ac. 3-1 F7 9 fl4' 0 08 Ac. CICNINION ILI AREA C, I" % 0 �O PA� 2 C-1 183019, MJ -jT ... .......... Site Review Permit: A Site Review Per -nut is also being proposed for all attached housing, including the proposed apartments. The general purpose of the Site Review Pernut is for the City to evaluate prQject landscaping, screening, exterior building design and parking, in accordance with Chapter 18.5.2. Site plans, Landscaping plans and architectural elevation plans have been subinitted identifying compliance with Chapter 18.5.2. PmgeeW o 37 umter- 7 Tree Removal: As identified within the photo to the right, a inulti-trunk volunteer Cherry Tree has been identified in the upper southeast corner of property, within Area 7, that will need to be reirloved due to its proximity to the proposed structures and parking area (specifically Units I & 2) and would also conflict with planned utilities, drainage and grade changes within the inimediate vicinity. The tree is roughly 14" dbh at its base (conibined trunk dimension) and stands roughly 10' tall, A total of 29 trees will be planted specifically within Area 7, including multiple initigations, trees within the vicinity of the Cherry Tree. PROJECT DETAILS: Density (As approved with the Kestrel Park Subdivision - PA-20 18-00005): The Kestrel Park Subdivision was approved as a Perforniance Options Standard Subdivision in compliance with the North Mountain Neighborhood District's design and dimensional standards noted in AMC Chapter 18.3.5. The Kestrel. Park Subdivision has two zones, NM-R-1-7.5 and NM-MF with a minimum and maxiniuni density requirement between 75% and 110% of each zone's base density. The table below attempts to break -down the iiiinitnuin and maximum density requirements based on the subdivision's zoning, acreage and recent approvals: Alininnini vs. Alaxinnini Der?siti%- In order to ensure the City's iiiinitnuin and maximum density standards within the North Mountain Neighborhood District are complied with, the following explanation has been provided: Alininjuni Densitv: Thei-e ai-e a total of 15 lots pi-oposed, 10 of which ai-e single jainill, 1-esichmees with "poteraial" accessot- " y dwelling units. Accessot-.1), units ai-e plarineet but riot guaiariteed as explained helow. Holvevet-, the i-eniaining 5 lots ai,e to acconnnodate a total gfry 28 inulti-fainil, etpai'tnierits. Conibined with the singlefainil.11, pat -eels, the niininnini derisiti� ivoulel be no less than 38 clivellirig units. ** Alaxiinuin Densit ' y: As noted pi-eviouslv, the pi-oposed 10 sht_g1e./ain ill, i-esieA?nces gray,,oi- inal, not have accessoi-v units, which will he eletei-niineel based rare the pi-efei-erice of the honie owriei-s. Hoivevei-, iri a hest case seeriat-io, if all ten single fainill, hone owner-s chose to acId att accessor-y, 1-esidential urlit, it 6 111 Paw 1 CW o 37 would equate to 10 single jainill, urfits, 10 accessor.ly emits, in addition to the 28 inulti-faniih, apartnients (48 total). Note: It's iniportant.for the applicant and corisultarits to conveY to the decision niakers as well as neighbor,s, accessory residential units are NOT subject to City, review or approval, per recerit State Of Or e.gon larva' use ch?cisions or derisiti, calculatioris per Citi, Code (41llC 18.2.3.040 C.,) Howel,'er, the applicants conterid the plariniri_g, desi_gri coricepts and ei,,aluation of poteritial infrastructure needy and potential inipacts to the surrounding neighborhood is, shnpli, thorough plantfing. Iry doiti_g so, the applicants believe the proposal is riot onl ' i, niore capable of adapting over drive (up fi-ont consideration of utility si:Jiig, buildhig codes, fire codes, etc.), but also is shnpli, niore traiisparelit to all parties about possible outconies. Unit Size and Type: As noted, a total of 38 units are proposed for Phase III with this application, but have varying unit sizes and types. There are a total of 28 multi -family dwelling units less than 60O sq. ft. of which 8 are less than 400 sq. ft., 12 units under 500 sq. ft. and 8 under 600 sq. ft. for an average of 487 sq. ft. per unit with a range frorn 363 sq. ft. to 603 sq. ft. There are also units that are single family detached and single family attached units. In addition to the proposed apartments, any provided accessory unit in the future, due to the slope of the property and their design aboveibelow a single family residence, would be considered ``rental" housing both of which have been considered needed housing types in multiple housing studies adopted by the City of Ashland. Architectural Design: The site's east to west slope, coupled with the requirement to connect existing streets, adherence to various design standards and consideration of neighborhood context has significantly influenced the proposal's building designs. The most noticeable is the fact that all of the units are two- story near the top of the property (least sloping area) and one -and -a -half story designs from the middle to the bottom of the property due to the property's change in slope from relatively level to steeper slopes. Because of the slopes, portions of the ground floors, "day light basenient" type space, sit below a habitable floor above which allows units to nestle into the hillside similar to many other existing houses within the North Mountain neighborhood (see illustration below). Architectural elevations have been included with the application and illustrate attractive facades for all of the proposed units and reflect designs that include a variety of architectural elements that break-up the facades such as added gables, windows, porches, decks, changes in niaterials, inset and reset volunies, etc. All of the proposed designs are similar to what can be found within the North Mountain Neighborhood. The design team has considered neighborhood input which have included changes to include shallow roof pitches to reduce building mass and to preserve views. Also, the multi -family units in Area 6, along the east side, have changed from a linear plane of niass along the east property line to two buildings separated by the driveway. 7 111 Paw 1 a %I Ot 37� ge Umi �er- , Traffic — Trij) Generation: As noted, the subject property is the third phase of a three-phase subdivision (Kestrel Park Subdivision) and thus nuiltiple neighborhood nieetings have occurred with primary concerns relating to view impacts, construction noise, HOA dues and traffic. This is understandable and the applicants have attempted to address concerns as practicably as possible which include providing various plans and documents, re -design of various units and in both July of 2018 and most recently in September of 2024, the applicants have consulted with two independent Traffic Engineers who have concluded no intersection traffic impacts occur or mitigations are necessary as each operate at above Level of Service Standard B or higher currently and after the Kestrel Park Subdivision is fully developed. Furtherniore, during informal discussions, both Traffic Engineers stated the subdivision's "street connectivity" design is a means to spread not only proposed vehicular trips, but also existing vehicle trips that are currently concentrated at Fair Oaks Avenue and North Mountain Avenue, but with the proposed street connections with Nandina Street and Pluin Ridge Drive as well as Patton Lane / Mountain Meadows Drive and North Mountain Avenue, traffic (vehicle trips) will be spread more evenly throughout the North Mountain Master Plan area AND give alternative means for Ingress/egress of emergency vehicles. Lastly, all of the planned streets, alleys and private driveways have been designed in accordance with City Street Standards, including on -street parking dimensions, curb radius, street widths, etc., all of which "`mirror'" existing streets within the Master Plan Area. Yote: Ay noted previousl.,Y, the applicant has attenipteel to ei,,ahiate the Kestrel Park Sithch0sion in a coniprehensive 111anner that helps ei,,ahiate huilding ch?sign, infrastructure capacitor, parkiri_g and trqf fie inipacts. Iri this specific case, on1.11, 38 units are proposed, brit 48 units have heeri evaluated in the trqf ,fic studj,. Circulation: The proposal includes various connection points, both vehicular and pedestrian in context with not only the existing neighborhood(s), but also the intent of the original North Mountain Master Plan as a neo-traditional neighborhood which allows vehicle trips to be spread via a multiple street grid pattern PqAe 1R,2 g e Sfr as well as short pedestrian connections to and through multiple blocks. Specifically, as identified in the northwest corner of Area 5 stairs are proposed that will connect "partial" and proposed pathways/alleys on the east side of the neighborhood to the recently completed pedestrian path on the west side and down to Kestrel Park. Further, the extension of Patton Way follows a well-worn pedestrian path where pedestrians walk from the lower side of the neighborhood to the upper where the ending terminus of Mountain Meadows Drive exists. As proposed, the proposal will continue to enhance the North Mountain Neighborhood's various routes to walk, bike or drive and continue to improve on the overall livability of the neighborhood. Stoner idge Avenue, Patton Lane and Nandina Streets,: Instead of the required 48' right-of-way, Stoneridge Avenue, Patton Lane and Nandina Street's 46'/47' current right-of-way width was approved by the Planning Commission (PA-TI-2019-0OO�75) at the time of the original Kestrel Park Subdivision application in 2019 with the condition the North Mountain street standards for driving width (22), plant strip (8) and sidewalk (5) be retained and that such iniprovenients could be allowed within a public easement. The general reasoning behind the request during that time was to mitigate excessive cut and fill areas along both sides of the street, but to also recognize an error in the original NM street standards that did not include the diniension of curbs (6" on each side of street). In this case, the applicants are complying with the approved decision as illustrated on Sheet A.2 of the preliniinary civil plans which identifies 22' of street width, a 6" curb, 8' plant strip and 5' of sidewalk, of which, a portion of the sidewalk extends (roughly 6" on each side of street) into the planned public utility and sidewalk easement along the property's frontage. Landscape Plan: Within the submittals, a fully developed landscape plan is provided which illustrates planting of trees, shrubs and groundcover through -out the Phase III subdivision, including the park -rows along the streets. The plan was developed by KenCalm Landscape Architects located in Ashland with over 30 years of experience with planting plans, tree preservation and xeriscape designs within the Southern Oregon cliniate. The planting legend identifies plantings that thrive in the region, most which can be found in the surrounding neighborhoods, and comply with City standards. Utilities: Existing public utilities with capacity to service the proposed housing units have been designed and installed during the construction of the abutting streets and alleys. The attached Civil Plans illustrates the various utilities and their extension to the proposed units. The prQject's Civil Engineer has communicated with City staff to insure the sub�ject infrastructure needs meet City standards and address all capacity requirements. At the time of the Final Plan submittal, as well as the Engineering Departments final sign -off of the street construction drawings, the plans will be further refined and formalized. Water: The property is currently served by eight -inch water mains that will be able to connect into the proposed layout. The existing water lines extend to and through Stoneridge Avenue, Nandina Street, and Patton Lane. Sewer: The property is currently served by an eight -inch sanitary sewer niain extending from Stoneridge Avenue, Nandina Street, and Patton Lane. EtecjEicmitvw The applicants have met with the Electric Department and discussed the backbone installation of a three-phase system to serve the development. The Electric Department has suggested that the 9 111 PeAe 1R,3 3�7 g e Sfr applicant carefully consider the needs for later phases of the development, including such details as accessory units and chargers for electric vehicles, will be provided, up front as addressing these in the initial infrastructure design will be more efficient and less costly than adding them after the fact in a later phase. The applicants indicate that a final electrical distribution will be provided for review with the Final Plan submittal. Urban storni drainage: As with the various utilities, 12" storin drain facilities 'exist within the ad�jacent rights -of -way abutting the property which collect urban run-off and transfer it down to a 12" main in Kestrel Parkway and out to the subdivision's storm water collection basin within the recently constructed in the Bear Creek open space area. Vehicular Parking: Parking has been provided per City code based on the type and size of the proposed units. See below: Area #4: yti Units On -Site Parking Provided 4 garage spaces 4 driveway spaces On -Street Parkdng_PTovided* 4 along Patton Lane 4 along Nandina Street Parking RecIp'i"re'd, 4 parking spaces * On -street parking is ,"public"" and provided on one side q street, in this case along the west side of Patton Laire and south side of Nandina Street. .411 on -street parking spaces are "public " spaces jbr an.i,,one to use, butprovide additional optionsfibill when demand occurs. U ) UI N T'::: 2 Garage Driveway 0 Public #a # 4 PqAe 1R,4 g e Sfr Area #5: Oq-Site Parking P19y.i.d...'e"d.. 8 garage spaces 7 driveway spaces 10 along Stoneridge Ave 8 along Patton Lane 4 along Nandina Street Parking Required 1.1 parking spaces �: 0�,i-street parking is "Public " and proilded on one side of street, hi this case, along the 1 rest side q Stoneridge Aiv, west side of Patto�,i Lane mml south side of Ncomlina Street. All on -street parking spaces are "Public " spacesfior m,i.Vone to use, but proilde additional optior,isjbr when demand occurs. 4 PqAe 1R,5 3�� g e Sfr Area #6: 16-4partment IlWts 367 sq. it. (S) 6,17 sq. ft. (S) On -Site Parking- 16 garage spaces 4 open spaces I open handicap space 4 oil -street spaces shared w/ Area #7 8 along Patton Lane ALLEY LOT 39 A', _ Am m J: On -street parking is %, o public" and provided on one side off" street, hi this case, along the west sicle of west side qf Patton Laire and 8 sough side off" Nandina Street- All on-sh-eet parking ,spaces are "public " spaces Jbi, an.Yorw to use, but provide additional options jbr 1 rhen demand occurs. JULIAN CT AU k, LET 38 . .......... .................................. I .......... L F�L-11-1- "', ]" 7 LOT 37 &111 , 1-1 Sf PeAe 1R,6 g e r Area #7: 2 Single Rimil, Units j_ 4 498 sq. ft. (6) 19 — 2- 434 sq. ft..21 (5) 400 sq. ft. ( 1) Oni-Site Parking d DDT 36 ov A 4 garage spaces COOWFM7 4 driveway spaces f *__ I COKFAf7 1.1 open spaces I open handicap space VJ On -Street Parki 4 along Nandina Street 4 along Patton Lane 21 ........... Parking is provided on one i—WIM 61 41711 -2-2,01 Ell Cj side o street, in this mse, along the south side qfAlandina CONFACT Street wid west side of Pcittoi,i Laire. .411 oai-street p,arking ,spaces are '"paublic " spaces forr 2 rare vw to use, but provide additional optioi,is fior irho,i --------------- dem,mml occurs.. 4 Z00WFM7 ..................... Bike Parking: The apartment units within Areas 6 and 7 require covered bike parking — one per unit. In Area 6, 16 bike parking spaces are located on the ground floor between parking stalls, under the canopy of the upper floor area. In Area 7, each unit includes a bike parking space within the unit, to be provided and verified at the time of a final Certificate of Occupancy. Re,acling & Refuse Areas: Single family residences will include individual recycling and refuse cans stored within the garages and/or screened. The niulti-fainily units within Areas 6 and 7 include shared receptacle facilities as identified on the site plans. Such facilities will be screened from neighboring properties and public rights -of -way via a solid wood fence or masonry wall five to six feet in height. PeAe 1R,7 g e Sfr Recreational Space & Maintenance Provisions: The Kestrel Park Subdivision is 13.48 acres in size of which 5.13 acres was dedicated as open space (Bear Creek Riparian Area) and another .7 acres was platted as private open space for the subdivision's on -site wetlands and a couple of smaller landscape areas - located at various street comers as comnion neighborhood landscaping, for a total of 5.82 acres or - roughly 43?,'o of the subdivision's acreage of which only 8?,'o is required with Performance Standard Subdivisions. The planning and dedication of these areas are critical to the subdivision's residents, neighbors and comniunity as they provide for both natural preservation and physical recreational opportunities for pedestrian walking, active hiking, wading in creek, bird watching and for bicycling once the future extension of the Bear Creek Greenway is realized. As noted, the subject property is identified as Phase III of the Kestrel Park Subdivision with Phase I approved in 20�19 (15 single family houses) and Phase 11 approved in 2020 (15 residential cottages). Phase III has been identified on each Phase I and II plats as a future phase and also included within the overall subdivision's legal documents (CC&Rs, Plat, HOA Board) for a variety of reasons, most notably for management of the subdivision's shared open spaces, common utilities, common landscape areas, street trees and irrigated park rows. The three pleases are also tied together through monetary cornmitnients (HOA Dues) for the maintenance of common areas and improvements such as the site's wetlands, common spaces, park benches, park row vegetation and irrigation and street trees. It should also be noted that Phase I's Board is the overarching Board of the other phases and each other Phase, priniarily for Phases 11 and III, include their "own" specific HOA Board and legal documents for the management and maintenance of specific elements within each of those phases such as common area trash and recycle receptacles, common stairs, railings, parking, landscaping, etc. As such, Phase III will include similar provisions, for example Area 6, will include legal agreements for the maintenance and financial cornInitnients of common areas such as the shared driveway and shared trash and recycling receptacle. Areas 4, 5 and 7 do not share common areas, but will have maintenance provisions for - common wall construction and be subject to the subdivision's HO,A dues. Electric Vehicle Charging: Multi -family residential developments with five or more dwelling units shall provide electrical service capacity by extending conduit to support future electric vehicle charging infrastructure to at least 40 percent of the off-street parking spaces provided. The applicants are aware of this provision and will include with the building construction documents. Solar Access: All proposed structures as illustrated within the submittals have been designed to meet Chapter 18.4.8, Solar Access. Specifically, the proposed structures will comply with Solar Access Standard "A" which is intended to not have a building's shadow exceed a height of 6' at the shared northern property line on December 21' (Winter Solstice). The 6' fence dimension noted, is part of a standard formula intended to replicate a typical 6' fence along the property's northern property line meaning no shadow Impacts will occur on the adjacent properties to the north other than what a permitted 6' fence creates. That said, because home designs and heights vary for articulated interest, handicap access, building codes, owner preference or physical characteristics of the property, the applicant will submit building permits for each of the proposed structures which will include data (height, slope, setback, etc.) verifying compliance with Chapter 18.4.8., Solar Access. 14 111 PeAe 1R,8 Sf 3�g g e r Time Schedule of the Development: The applicant intends to install the streets and infrastructure in a single period which will improve the circulation of the neighborhood prior to dwelling unit construction. The proposed dwelling units will be constructed as the market dictates and/or financing pennies. At the present time, the applicant is working with a design team to develop building permit drawings and the pi-Qject's Civil Engineers are cominunicating with City Engineers to refine the civil plans in preparation on of a spring of 2025 construction date. Neighborhood Meetings: ' Over the last few years, the consultant has held at least four neighborhood meetings to discuss the Kestrel Park Subdivision plan, including the future development of Areas 4, 5, 6 and 7 (Phase III). The intention of the neighborhood meetings were an attempt to inform neighbors, some of which have moved since the initial 2018 ineetings, of the pending development of the property and hear their input about the proposal. These meetings included the background history of the North Mountain Master Plan as well as the plan's zoning, street connectivity, design concepts, purpose, etc. One spe cific ic request was to redesign Area 6s housing footprints in order to reduce building and roof mass along the adjoining neighbor(s) property (east side). Other: The subject property is owned by PIT Properties, LLC and niariaged by Taylored Elements, located in Ashland. The applicant intends to self -finance the proposal and use conventional lending when necessary. II. PROJECT FINDINGS OF FACT: The following information has been provided by the applicants to help the Planning Staff, Planning Commission and neighbors better understand the proposed prQject. Iii addition, the required firidiri_gs of fact have been provided to ensure the proposed prQject meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to Performance Standards Options Subdivision requirements in Chapter 18.3.9 and Site Design Review in Chapter 18.5.7.040. For clarity reasoris, the fiollowing documentatiori has been forinatted in "outline " forin ivith the Citv's approi,al criteria noted iri BOLD,forit an'the applicant's response in regularfiont. �Vyo, there are a nuinber of responses that are repeated in or ch?r to ensure that thefiridiri_gs offact are complete. AMC' 18.3.9.040 A.3. Outline Plan Approval Criteria (Subdivision) 3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when it finds, all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City. Unless otherwise noted herein, the applicants contend the proposed subdivision meets all applicable ordinance requirements of the City of Ashland. Sf PeAe 1R,9 3�7 g e r That said, the Purpose Statenient of the Perforniance Standards Option Subdivision (AMC 18.3.9.010) "I's to allolv ati optionfior inoreflexible des gar than isperniissible uncier the converitional ionirl_g codes. The design should stress energy e 1 , , fficiene. �, architectural creati0t1, and irinovation; iise the naturalfeatures of the landscape to their greatest advantage; provide a qiialitv of life eqiial to oi- _greater than that provided in cievelopnients biiilt urider the standard ionirig codes; be aestheticall " V pleasing; proOde for inure efficient land use; and reduce the hn act o chn,,elopinent on the natural ern,ironeighborhood nnient and neighborho P As such, the proposal has: 1) Stressed energy e ,f ,ficiene.y, architectural creathiti, and intiovatiori: The applicants are proposing to construct Earth Advantage homes with an architectural style that provides for a variety of housing types that are consistent with the volume and ass of housing in the ad pining subdivisions; 2) Used the natural./eatures of the laridscape to their greatest adiantage: Phase III of the Kestrel Park Subdivision has the least amount of natural features, compared to Phases I and II which included the Bear Creek Greenway dedication, improvements, numerous trees and wetlands. Phase III has little natural features, but recognizes the site's significant east to west slope. That said, the proposed streets and house plans are designed to terrace themselves into the slopes in an attempt to reduce excessive cut and fill areas. In this regard, the subdivision's design and street patterns remain consistent with the surrounding neighborhood. Further, the applicants have purposefully placed the densest housing type (rental apartments) on the least sloping areas of the property (east side — Areas 6 and 7). 3) Provide for a qiialitiof life equal to or greater than that provided in dei,,elopn ierits built urider the standard ioniri_g cocies: The applicants have generated a plan that incorporates the site's slope and embraced the "human scale" concepts of found in other Performance Standard Options Subdivisions which have produced neighborhoods such as the North Mountain Neighborhood, Kestrel Park, Ashland Village, Beach Creek and Clay Creek Gardens neighborhoods which include various neo-traditional etenients such as porches, street connectivity, use of alleys where possible, mitigated garage faqades, street facing homes, etc.; 4) Provide for niore efficient larid use: The mixture of housing types within the planned range of densities in an integrated pattern improves transportation options and maximizes community interaction-, 5) Reduces the impact .f o developnient on the nwural environinerit andrlei_ghborhood: As noted, this particular phase is part of the Kestrel Park Subdivision which incorporated multiple preservation efforts in both Phase I and 11. Phase III does not really have any significant natural features, but does include climate friendly construction techniques including full utilization of the property with small to medium sized housing units with the densest housing being constructed on the least sloping areas of the property (east side). Further, it has been the primary goal of the application to mitigate inipacts to the surrounding neighborhoods by ensuring street, alley and pedestrian connectivity aligns with the surrounding neighborhood's streets, alleys and pedestrian paths. The applicants contend the overall design of the Kestrel Park Subdivision and inclusion of these elements noted herein reduce the inipacts of development on the natural environment and surrounding neighborhoods. P%e IdO S1 g e , r b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. All of the site's necessary utilities extend to the subject property from the various public utility easements and street rights -of way surrounding the site. Existing public utilities with capacity to service the proposed housing units have been designed and installed during the construction of the abutting streets and alleys. The attached preliminary Civil Plans illustrates the various utilities and their extension to the proposed units. The prQJect's Civil Engineer has communicated with City staff to insure the sul ject infrastructure needs meet City standards and address all capacity requirenients. At the time of the Final Plan submittal, as well as the Engineering Departments final sign -off of the street construction drawings, the plans will be ffirther refined and forinalized. Water: The property is currently served by eight -inch water mains that will be able to connect into the proposed layout. The existing water lines extend to and through Stoneridge Avenue, Nandina Street, and Patton Lane. Sewer: The property is currently served by an eight -inch sanitary sewer niain extending from Stoneridge Avenue, Nandina Street, and Patton Lane. Electricity: The applicants have met with the Electric Department and discussed the backbone installation of a three -please system to serve the development. The Electric Department has suggested that the applicant carefully consider the needs for later phases of the development, including such details as accessory units and chargers for electric vehicles, will be provided, up front as addressing these in the initial infrastructure design will be more efficient and less costly than adding them after the fact in a later p'liase. The applicants indicate that a final electrical distribution will be provided for review with the Final Plan submittal. Urban storni drarrna e,:, As with the various utilities, 12" storm drain facilities exist within the adjacent rights -of -way abutting the property which collect urban rLin-off and transfer it down to a 12" main in Kestrel Parkway and out to the subdivision's storm water collection basin within the recently constructed in the Bear Creek open space area. c. The existing and natural features, of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings,, etc., have been identified in the plan of the development and significant features have been included in the common open space, common areas,, and unbuildable areas,. To the best of the applicants' abilities, the site's natural features have been identified and included in the open space, conimon areas, and unbuildable areas of the Kestrel Park Subdivision, specifically in the Phase I area. Overall, the plan recognizes the site's significant natural features such as the Bear Creek riparian corridor traversing through the property and the nunierous, niature trees within the corridor and open space areas and have not only incorporated such features into the design, but have also made such features an integral part of the subdivision's human scale character such as the pedestrian walk -way 17 111 c P%e IdISl ge , r extending from the top of the subdivision (east side) down to the Bear Creek Greenway and Kestrel Park (west side). d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject property is surrounded on all sides by urbanized lands in compliance with the City's Conipreliensive Plan, including existing residential subdivisions to the north, east and west. As such, the development of the subject property will not prevent adjacent land froni being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of common open space and common areas,, if required or provided, and that if developments are done in phases that the early phases, have the same or higher ratio of amenities, as proposed in the entire projiect. Most of the Kestrel Park Subdivision's open space areas have been incorporated within the initial Phase I and Phase II areas. No open space areas are proposed in Phase 111, but common areas do exist iii Areas #6 and 7 for shared driveways, common landscaping and irrigation as it relates to the individual parcels occupied with multi -family housing. At the time of the Final Plan application, draft CC &Rs will be submitted detailing the maintenance responsibilities of such areas. Lastly, it should be noted the property owners within the Phase III area are included in the overall Kestrel Park Horne Owners Association, subject to Conditions, Covenants and Restrictions (CCRs), financial dues and meeting procedures in order to ensure maintenance of the subdivision's common areas. A copy of the CC Rs has previously been provided with the Phase I Final Plan application submittal. L The proposed density meets the base and bonus density standards established under this chapter. As noted on Pages 5 and 6, the proposed density meets the base density standards for the zone and reniain in compliance with the original density allocations provided for in the Kestrel Park Subdivision approval documents. g. The development complies with the street standards. The proposed streets comply with the Planning Comnilssion's previously approved findings of fact as noted below froni the original Kestrel Park Subdivision's 2019 approval (PA-TI-2019-0OO�75). The Phanning Conanission finds than the NNINTP includes its o%vn taco �liboii]�io,od-spsift c Street lypew and r designs standards in ANIC 183.5.IWCWith regard tothe specific iniprovenients proposed: "Greenwav Dtive": Kestrel Parkwkay is comidered to be the Greein\°ay Drive * freet type. and the Planuilig, C : orntnissioii firids, that the cross-sectioii illustrated on Exhibit ('.-' is coniisteill with the adopted Greenway Drive cross-section iii the NNINP, P%e Id,2 13� g e S1, r Neighborhood Access Streets: The remaining streets ("Nandina Street. Swrieridge Au,-enue. Patton Lane. arn.d 'acre Way) are considered to be Neighbofl:iood Access Streels, The Plaraiing Conimission find-, that ill extendill-2 existing street sections �,md responding to site topograp hy. these indivi +al streets vary &0m tile standard cross-,,ection as fojjo71, I . : Stoneridge Aventie As illustrated. the ctub to ctna u,,-idth includes an limn ode 15-foot queuing Marie arld parking on both sides except where bump -outs are proposed,, Standard sidevmk, and parkfows are ilhv',trated on the dmvnhill side. but on the uphill <,r& sidel,valks are shoiulm at the curbside presurnably in response to site topoplaphy, Tile propori ' g ' lit-of-,N-ay dedication is 46 feet ,.'here the 5t,midard cross-section c'ails for 48 feet. -'vith six-inclics of sidcv,-alk on the uphill side and 18-itiches of sidci,b-alk on the dov,uhill side illustrated [)eing provided outside of the right-of-way, Nandina Street - The upper sections of Nandina. fiom Nlai iposa to Stoneridge,,, are iflustrated uvith a 29-foot curb -to -curb uu'Tidth uil-ithin as 47 -fool right-of-iiay. and on -street parking on both sides, Standard side'xalks and parkrmv planting ,,trips are illustrated on the south side, and on -street parking is ill bays with curbside sic[CIV31ks oil the nor-th side. Side,xalks on the south side are illustfated extending one-f6ot beyond the dedicated right- of-way The applicants have requested a major modification of the NMNP Io install Nandina Street as as one-way couplet around Wetland '?, As proposed. Nandina tin-ithin the couplet i.N�ould ha), e an MR -foot curb -to -curb ividth %,,�ith curbs, bill no side,,valks or parkrom,, planting stripes on the interior, wetland side and fi%e-fbot width curbside sidewalks oil ffic exterior side adjacent to the surrcmliding developable lots. The applicants asserl that additional area has been provided for the uN-etlarld buffer. arld that this area already contains, as number �of trees that nxill be presei�•ed and wild be further etIanced with anew plantings, The Planning Comniissiu'.)n finds that an Exception is nrerited to limit i'llipacts of tile developillent upon the wetland and its protection one. hmNever the Collurlission ffirther finds, that even with an Exception riTigated lar ' ger-stature species street ties should lie planted at au standard spacing of one pier 0feet within the private yard areas behind the sidmalk to provide canopy and associated strectscape benefits (shade, traffic calilling, etc.), Patton Lane - The two Mustrated segments of Patton I-ane include varying riglit-rid -%�' 72y wo 50 and idths from 46 tfeet. illustramp te soe oitn o iof the ,ideivalks oTide L-)f il tile proposedright-of-%i,ay Tlie,,ectiotibctiventine existii,i2PattoilLaiieexteiidin+�tun ,Nati(tilia Street doer,,, not include pajkro-,u's, on the downhill side in response to site topo� !raphy The section fram Nan dina to Momitain Nleadovs Drive includes i 26--1ool, curb -to -curb i.i-idth with. a 12-foot quening 1.9ne where the standard cross-secti,an calls for 15 feet The Plaimiuz Collunissiorl finds that this width is proposed ill trausitioning to the existing, Mountalli Meadows Drive improvenient iNvhich is narroiiitr'. and thm the IFinal plan will includt-: final civil drai,�.-inas for review by tile Engineeimig Division to verify the app�ro priate width fim, this transition,, A condition to this effect has been included 1nelou17. -file Plannin Commission finds diat forall ueizhborlio,odstreet sections (Patlori. Nandm2 and,'-Stoneiidge) WIlefCL sidew%atk illIPI-oveLlucats arc slioixn ontsiae, file mi2jjt_of_j-%,-.jy. P'jIb,jjC PeLaCstfiall aCCCSS eaasernuenmts will need to be provided or additional riL'ht-of-way dedicated to accommodate standard sidewalk v7idths prior to sipjulmirc of the finil suf-�-ey Conditions to this effect have been includeCj belov7 P%e Id,3 137 g e ,SI r Tine Ganunission fin her find4, that for fliose stctio,iis, of Patton. Nancliiui eind Stonaridge SUITOundin2 Areas. 5. and tine sectiou of Nandina south of Area 6. sho^ili iNvith curbside sidewalks., an Exception to the Street Stand,qx& is required not to instatl standard pas krmi phinting strips and no sucli Exception has been feque�,,ted hefe The Cominission concludee, that no, Exception is inefited and these sections Should be iiistalled standard parkrow planting strips or. Exceptionsrequested andjusfified as pai-t of the Final Plan application. h. The proposed development meets, the common open space standards established under section 18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section 18.4.4.070 if approved by the City of Ashland. The Kestrel Park Subdivision is 13.48 acres in size of which 5.13 acres was dedicated as open space (Bear Creek Riparian Area) and another .7 acres was platted as private open space for the subdivision's on -site wetlands and a couple of snialler landscape areas - located at various street corners as coininon neighborhood landscaping, for a total of 5.82 acres or roughly 43% of the subdivision's acreage of which only 8% is required with Perforniance Standard Subdivisions and an additional 4?,'o for Site Review applications. Additionally, each of the proposed multi-fainily units do include an additional 8% recreational space (porches/patios). Overall, the proposal complies with the open space provisions noted in Chapter 18.4.4.070. The applicants contend the planning and dedication of these areas are critical to the subdivision's residents, neighbors and community as they provide for both natural preservation and physical recreational opportunities for pedestrian walking, active hiking, wading in creek, bird watching and for bicycling once the future extension of the Bear Creek Greenway is realized. AMC' 18.5.2.050 Site Des,ign Review Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority may, in approving the application, impose conditions, of approval, consistent with the applicable criteria. A. tTnderlying Zone. The proposal complies, with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimens,ions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The proposal complies with all of the applicable provisions of the North Mountain Zone including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B,. Overlay Zones,. The proposal complies with applicable overlay zone requirements (part 18.3). Unless previously granted an exception at the time of the original Kestrel Park Subdivision application (PA-TI-20�19-00075), the applicants contend the proposal complies with all of the applicable provisions of the North Mountain Neighborhood District (Chapter 18.3.5). PeAe 1d,4 33� g e Sfr C. Site Development and Design Standards,. The proposal complies, with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. The proposal does comply with all Site Development and Design Standards included in Chapter 18.4. No exceptions are proposed with the application. D. City Facilities. The proposal complies with the applicable standards, in section 18.4.6 Public Facilities, and that adequate capacity of City facilities, for water, sewer, electricity, urban storm drainage, paved access, to and throughout the property, and adequate transportation can and will be provided to the subject property. All of the site's necessary utilities extend to the subject property from the various public utility easements and street rights -of way surrounding the site. Existing public utilities with capacity to service the proposed housing units have been designed and installed during the construction of the abutting streets and alleys. The attached preliminary Civil Plans illustrates the various utilities and their extension to the proposed units. The prQJect's Civil Engineer has communicated with City staff to insure the sul ject infrastructure needs meet City standards and address all capacity requirenients. At the time of the Final Plan submittal, as well as the Engineering Departments final sign -off of the street construction drawings, the plans will be ftirtlier refined and formalized. Water: The property is currently served by eight -inch water mains that will be able to connect into the proposed layout. The existing water lines extend to and through Stoneridge Avenue, Nandina Street, and Patton Lane. Sewer:, The property is currently served by an eight -inch sanitary sewer niain extending from Stoneridge Avenue, Nandina Street, and Patton Lane. Electricity: The applicants have met with the Electric Department and discussed the backbone installation of a three -please system to serve the development. The Electric Department has suggested that the applicant carefully consider the needs for later phases of the development, including such details as accessory units and chargers for electric vehicles, will be provided, up front as addressing these in the initial infrastructure design will be more efficient and less costly than adding them after the fact in a later p'liase. The applicants indicate that a final electrical distribution will be provided for review with the Final Plan submittal. Urban storm djLaiiiage. As with the various utilities, 12" storm drain facilities exist within the adjacent rights -of -way abutting the property which collect urban run-off and transfer it down to a 12" main in Kestrel Parkway and out to the subdivision's storm water collection basin within the recently constructed in the Bear Creek open space area. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. P%e Id,5 13� g e SI, r No exceptions are proposed with this proposal. AMC' 18.3.5.030 C. Site Plan and Architectural Review C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of this, ordinance, applications within the NM district shall also meet all of the following criteria. 1. The application demonstrates, conformity to the general design requirements, of the North Mountain Neighborhood Plan, including density, transportation, building design,, and building orientation. The proposal's various subinittals illustrate conformance with the general design requirements as spelled out and illustrated within the North Mountain Neighborhood Plan. The Kestrel Park Subdivision, a three- pliased subdivision, is niethodically developing as envisioned by the North Mountain Neighborhood Master Plan, including density (as denionstrated on Page 6), transportation (as demonstrated on the site plan and preliminary plat), building design and building orientation (as illustrated in the site plan and architectural building elevations). 2. The application complies, with the specific design requirements as provided in the North Mountain Neighborhood Design Standards. As noted in the response above, the proposal complies with the design requirenients in the North Mountain Neighborhood Design Standards. At the time of individual building perinit applications, verification of such requirements by City staff will occur. AMC 18.5.7.040 B. Tree Removal Permit. 2. Tree that is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions,. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards, in part 18.4 and Physical and Environmental Constraints in part 18.3.10. The subject inulti-trunk- Cherry Tree is not a hazard, but does lay within the footprint of the proposed building in Area #7 and is to be removed. The tree is not native or a significant specinien and is a volunteer tree. Renioval of the tree is consistent with the Land Use Ordinance where trees are permitted to be removed if they pose a loss in perinitted density. Retaining the subject tree would cause the loss removal of possibly four niulti-fainily apartment units which are already at a minimum size. Further, the site's urbanization near the tree, including planned grade changes and changes in soil and hydrological conditions would cause the tree to iniiiiinently die. Sf PeAe 1d,6 331 g e r b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies,, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans, or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. As noted above, the subject multi -trunk Cherry Tree lays within the footprint of the proposed building in Area #7 and should be removed. The tree is not native or a significant speclitien and is a volunteer. Retaining the subject tree would cause the loss removal of possibly four multi -family apartment units which are already at a inimirruni size (40O sq. ft.). e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. As illustrated with the Landscape Plan, roughly 29 trees are to be planted within Area 7, some of which will be planted in the near vicinity of the subject tree. P%e IdJ7 13� g e S1, r 111. SUPPLEMENTAL EXHIBITSIPHOTOS: Einlairged Vichifty Map— Identifies Adjacent Structuires,w/in 16(Y 24 1 flaf, c PaAe d,8 Sf e l33g g r Mountain Meadows Diive — Looking North towards Patton Lane Looking South — at Mountain Meadows Drive / Patton Lane 25 111 Peqe um eAld 9 �Sf 337 gr Nandina Street — Looking East Looking East at North Property Line — Area 5 and future alley 26 111 PqAe e um e1�,O �Sf 331 gr Looking North — from end of Nandina Street (Area 6) Mariposa Court — Looking Southeast (AFea 7) PaAe e um 1�,l �33� gSf er , Looking North (R) and South (L) — from MaHposa Court (alley adjacent to Area 7) Looking West fFoin end of Nandina Street PqAe �,2 e Sf 1g r Looking West— fFoin end of Nandin a Street PeaeA1�@ 3�7 g Sf r "'KES 17REL.1 R.K,.PH.,4,S`,E 3 W,9 Tract "B Aiireas4,5, 6 & 7 ADDENDUM THE PROPOSAL INCLUDES A VARIANCE FOR DRIVEWAY WIDTH SUBMITTED TO CITY OF ASHLAND FOR TAYLORED ELEMENTS 1679 JACKSON RD, ASHLAND, OR 97520 Noi -th Al'o un tain Zoning -11ap NO VEMBER I j TH'2g�j I I 11 a !a e Peae ,4A1�3� g Sf � r I. PROJECT DESCRIPTION: Variance: The proposal subinitted on November 1", 2024, for a Perforniarice Standards Option Subdivision, Site Review Permit and Tree Renioval Perinit to create 15 lots within the Kestrel Park Subdivision within the North Mountain Park Neighborhood Master Plan area also includes an addenduni to that application for a Variance for driveway width. The applicant's addendum request for a Variance to driveway width is based on multiple factors relating to the site's steep grade, practicality, neighborhood precedence, driveway separation standards and discrepancies between the City's Engineering Standards and the City's Land Use Ordinance, specifically, the North Mountain Neighborhood District, Chapter 18.3.5. 100.A.7. .Yote: for clarity, the "ivielth " referenced herein is JYOT the drivei,vaV "s parking suiface area, hut the width of the dri veiva.,V's opening beh,veen the street and sidewalk The City's Engineering Department minimum width standard for a driveway off of a public street cannot be less than 12' where as the North Mountain Neighborhood Standards it is no greater than 9'. The original application, submitted November 1", 2024, illustrated driveways to be 9' in width but after initial staff review, the discrepancies between the two codes was noted. The applicants contend this is an unusual circunistance as whatever the applicant proposes would require a Variance to either the City's street standards or land use ordinance. Further compounding the request for a Variance is the driveway separation standard of 24' (24' between driveways) due to the fact that as two ad,jacent driveways expand to the 12' Engineering standard, the width between is reduced to less than 24. In order to address the conflicting driveway standards as noted, including the City's Engineering street standards, the applicants have revised the site plan drawings to illustrate a "single" curb cut of IS' in width which will serve "two" attached units. The proposed 18' driveway width allows users to access their side of the driveway without interfering with the other unit's parking area space as illustrated on site plans. The request pertains to the driveways between Lots 32/33, 45/46 and 41/42 as illustrated on the Site Plan Addendum. II. PROJECT FINDINGS OF FACT — ADDENDUM FOR DRIVEWAY VARIANCE: The following inforniation has been provided by the applicants to help the Planning Staff, Planning Coniiiiission and neighbors better understand the proposed project. Iii addition, the requiredfindingy of fact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to Chapter 18.5.5, Variances. For clarity, ree7,sons, thefollowing clocunientation lws beenforinatteel iri ,`outline"fiorni with the Citl,'s approi,al criteria noted iri BOLD forit e7nd the applicarit's response in regular fiont. Also, there are a nuinber of responses the7t are repeated in or ch?r to envire that thefiridhigy of fact are complete. 2 I 11 a !a e PeAe 1�,5 g e Sfr AMC 18.5.5 Variance Approval Criteria 18.5.5.010 Purpose: Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of the Land Use Ordinance ("this, ordinance") may result from the strict application of certain provis,ions, thereof, a Variance may be granted as provided in this, chapter. 18.5.5.050 A. Variance Criteria: The approval authority through a Type I or Type 11 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. The proposed Variance is necessary for a number of reasons, one specifically being the land use code for the North Mountain District is inconsistent with the City's street standards. Based on filed observations of similar driveway circumstances within the North Mountain area, none of the driveways within the North Mountain area meet the North Mountain District's driveway standards, but do meet the City's street standards. 2. The variance is the minimum necessary to address, the special or unique physical circumstances related to the subjject site. The applicant's contend variance is the iniminuin necessary to address the special or unique physical circumstances related to the subject site as the IS' driveway opening is "typical" for single family homes throughout Ashland (and often found throughout the North Mountain Area), but in this case the 18' width dimension is serving two abutting single -fancily homes. Although not ideal from a vehicular maneuvering perspective, the IS' driveway width at the street and the widening of the driveway between the sidewalk and the house(s), allows for users to access the garage or parking space without conflict as illustrated on site plans. 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. The applicants contend the proposal's benefits wNrill be greater than any negative inipacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Conipreliensive Plan of the City as a single IS' driveway width is superior than two independent 12' driveways (totaling 24') for a couple of reasons: First, vehicular maneuvering in and out of the property is more accommodating with an IS' opening compared to a 12' opening, especially when an a4jacent vehicle is already parked within the driveway. A 12' driveway opening accommodating niultiple side by side S' + wide vehicles (niirror to mirror) and maneuvering in and out of the driveway is not practical and often causes conflicts between vehicles or damage to the plant strip's landscaping or city curbs. Second, 3 I 11 a !a e Sf PeAe 1�,6 3�1 g e r two independent 12' driveways consume not only more on street parking and planting strip landscaping compared to a single 18' driveway, but also creates more driveway encumbrances for pedestrians to 1111111MILINN 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. The need for the Variance is not self-imposed by the applicants as there is a conflict with City codes and there are multiple practical difficulties when applying the standard while serving attached dwellings as it relates to vehicle maneuvering, excessive cut and retaining walls, and damage to public infrastruct Lire and landscaping. 4 I 11 a !a e PeAe 1�,7 g e Sfr J, t foil ALM t ar _r H A 4 Page Number 36 VZOZ 'g [ J@qW 9AON L NV18 IiIS SlUGWI313 PaJOIA101 13 3 H IS :j@UMO/jUqljD cNr R '0 LD16 ID 4 0 229 Q LU L9 1w 14 Ink" I-D D D I-D ............ 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L , i V, AS 1 Rill all NSi11RM CI Wyy IN ill Nil' 111 1", 1 I Page Number 92 III EM all r. 0 LO co 0 0) M a- Page Number 93, III o oj all I Page Number 94 �� \ \ \ \ � ^� �� \� \�� \ \\ � « y � 2�\\ �� \\y�\� »» « : � y\ �� °\ :g\ \ \:\ \\�\� �\ \ �\ � 2 !\� III ■. Page Number 95 111 fi III Page Number 96 Page Number 97 96 joqwnN ex OZ9L6 UO'(INV'IHSV z E, SVHd A8Vd 13HiS3A c From: D -e rmd � �. J III CM in To Cc: ffid�I.Kiacll wmu Dalour AuaLd�; Subject: Submittal of written testimony prior to the Planning Comrnissilon hearing on the Kestrell Park Phase III proposed deveiopment Date: Friday, November 2'9, 2024 11:26:48 AM [EXTERNAL SENDER] Aaroin, As you know, a group of Mountain, IMeadows residents that will be directly affected by the proposed Kestrel Park Phase III development have been meeting to exaimine possible consequences for our, properties. We plan to attend the hearing on December 10th to discuss Some con,cerns, of ours. We understand we are to provide a written SLimimary of the testimony we will give at the rneeting. When must that information be in your hands? When I called Your office this morning, the automated phone message indicated that you are out of the office today, presumably for the "I' hanksgiving four day w,eeke'nd. Cine primary issue our group has identified is that Mariposa Court currently rineets, the Ashland Street Standards for an Alley to serve access to the garages for five Mountain Meadows Ihomes that have their frontages on Plural Ridge Drive and Mountain Meadows Drive. However, it appear's to us that Ashland's s,tandairds for sole access to the Iproposed 12-unit over-under, apartment building would call for a Neighborhood Street, rather, than an Alley. There do not appear, to be provisions in the Taylored Elements Construction proposal to upgrade Mariposa Court to the standards of a Neighborhood Street, in terms of the required pavement widths, Curbs, sidewalks, etc., even assuming no provisions for street parking. Note particularly that the stub of the current Mariposa Court alley that connects the Alley to Hum Ridge Drive is constrained by the properties of 803 and 813 (Plum Ridge Drive on both sides of the stub and cannot practically be widened. Pleais,e let us know what we need to get in your hands, aind when so our representative can speak at the hearing on Decernibler 10t1r, . Thanks very much, DennIs Floleman Chair, Mountain Meadows Ernergency Preparedness and Safety Committee President, Plum Ridge Condominium Association 822 IP'lum Ridge I.Drive Ashland, OR 97S20-9730 im, mr 1 LhQkaul J, LI 6SO-218-9501 (cell) Page 191 of 377 From: & EX To. Cc: uui; hQruam; I tta.5azi,,aaaya; &rjhrmLia�ar; Subject: Prellimiinary lesfirnony Regarding I Park Phase III Site Development Date. Friday, November 29, 20,24 1:4437 PIM ................ . .... . ............... [EX'I'ERNAt, SENDER] Tci Ashland Planning Department, Aaron Anderson November 29,20,24 Preliminary Writt n Testimarliv Regarding Kestrel Park L[L$fte _Ue yejg . .pMP_nt Several owners of property in close proximity to the proposed Kestrel III development will testify both in, writing and at the Planning Commission hearing on December 10th. We are in the process of preparing our detailed written testimony, It will be Submitted as soon as A !is ready and no later than at thie hearing. This email submitted" on November 29th, eleven days before the hearing, gives a, brief overview of ouir issues as we see thern at this time so that the Planning Department is aware of them. insuff iciaaLaaess forthe twelve apartojept Uri it5 al the JQp of Area, 2. It is not appropriate to make Mariposa, Court the sole access to these apartments, Chapter 1.8.3.5.100.C.2 of the Ashland Land Use Ordinance, Nlorth Mountain Neighborhood District describes an Alley as servicing the rear of a property to diminish use of the main access at property frontage. It also gives standards, for the traffic lane plus dlearances of an Alley which are not met in the project plans. Similar conflicts are found with the Ashiland Street Standards, The current Alley cannot be converted into a Neighborhood Street because there, iis insufficient space to, meet the required width, Other required features such as curbs and sidewalks cannot be accommodated. ApprQuipilyap.5,5 Qf the twelve apairtiment huildinEs to their surroundinigs - We disagree with [mjindlng 5 that these apartments are in keeping with the surrounding neighborhood or the natural enviroinment. The twelve apartments, all approximately SOO scl.ft., are proposed at a location which is closely surrounded by single-family homes of greater than 1500 sq.ft.. The disparity of design, is enormous. Prolblem5 witb the All parking spaces are sized for compact cars putting a severe limitation on potential renters. The lower units have access only through an external flight of stairs encumbering all transport of goods in and out, including in emergencies, and not accommodating handicapped use. mitajijQ�uijiap CQurt aHev north of,�r�-�ItsextensIionto Area, 5 The JulianCourt Alley does meet the North Mountain Neighborhood District standard on width, but is, the frontage street for- Units 5,6,7 and 8 against that standard. The intended extension o,f thiat Alley westward becornes the sole access for Lot 43 and 44 violating the standard that air) Alley serves as a back entrance for homes, with a street frontage. Aj2propbaleness of iom-es antot 37 and Lot 38 to their surroundings We disagree with, Finding 5 that these hiomes are in keeping with the surrounding neighborhood or the natural enviiii-oniment, Dave Runkel Page 192 of 377 Richard Kinsinger Dennis Holleman Lee Bowman Page 193 of 377 Michael Sullivan From: REK <rek@kinsinger.us> Sent. Thursday, December 05, 2024 12:53 PM To: planning Cc: Dennis Holeman; Daavid RUnkel; Lee Bowman Subject: Written testimony re Kestrel III development Attachments: Kestrel testimony final.docx Follow Up Flag: Follow up Flag Status: Flagged [EXTERNAL SENDER] Aaron Anderson, Attached is written testimony on, the Ta,yLoried Elements application for developing Kestrel Park 111. Please confirm by reply or phone to 5141-8116-5171 that you've received it and do not need a paper copy. Of course, I can bring copy to you if needed. I expect there will be three or four of the signers who will testify oiraLty at the Planning Commission meeting Tuesday evening. We can identify them f or you on Tuesday if that would help with the sign in for oral testimony. We will keep our comments succinct and to the Ipoint of this written testimony. I understand from Dennis HoLeman that I can send you a pdf with a few images you could dispLay or give the Commissioners so that we may reference them. That would speed our testimony. Two, possibly three, maps we want to refer to are in the pdf aipplication package. Should I attempt to extract them from the application, or is there a better way to deal with that situation? I awalit your guidance on that question, but I'LL send the pdf to you tomorrow. Thanks, Richiard Kinsinger Page 194 of 377 Testimonv on Kestrel. Park Phase III Site Develoornent The first two phases, of the Kestrel Park development built in conformance with North Mountain, Neighborhood District zoning have added greatly to our community. They've taken advantage of the relatively flat Land along Bear Creek and Kestrel Parkway and have given the new residents generous yards ainid green common, space. That has left to the proposed Phase III of the Kestrel Park development the remaining steep and barren hiLlside portion and the constraint of building very high -density housing to meet the City's desired overall density for the whole Kestrel development. Taytored Elements Construction has taken on this remaining Phase III, proposing a design with high density so that the entire Kestrel Park meets density regulations. The proposed Kestrel Phase III design follows the pattern of Kestrel Phases I and 11 in siting larger units, some as large as 1,7010 sq.ft., Lower on the hill (Areas 4, 5, and the lower part of Area 7)). To meet density requirements this forces units at the top of the hill (Areais 6 and 7) to, be as small as 400, sq.ft. Particularly constrained is Lot 36 which has 12 studio rental apartments 1(6 over 6) in a 10,026 sq.ft. footprint. As measured by average area per housing unit, the density of Lots 36 through, 38, at the top of the development is 2-1/2 times greater than the rest of the Kestrel III homes. Access for 1io apartment units through Mariposa Court alley Mariposa Court is an Alley that was constructed during the building of the Plum Riidge Subdivision of Mountain Meadows, in 2001. In compliance with Ashland Municipal Code, North Moluintain Neighborhood District (AMC 18.3.5.1 100.C.3) the designed purpose of the Mariposa Court/atleywas to serve as garage and garbage truck access for five Mountain Meadows homes at 863,, 843 and 823 Plum Ridge Drive and 539 and 5149 Mountain Meadows Drive. All other vehicular access to those homes (emergency vehicles, visitors, miail and package deliveries, moving vans, etc.) use their frontages on Plum Ridge and Mountain Meadows Drives. The (paved alley is 12 feet wide as specified in, the code. This is only slightly wider than, a single lane so cars must queue aind Reclotogy garbage and recycling trucks have a difficult time navigating the alley as it is. There is room to widen the paved north -south surface on the downhill or west side. The east -west stub connecting the south end to Plum Ridge Drive has residential properties on either side, thus no room: for widening. We. diaaLfree with the Eindin, Ashland street standards. If the planned building at the top of Area 7 is built and inhabited, all vehicular access to those 12 apartments would be through Mariposa Court/alley. This is in violation of AMC 1 8.3.5. 1 OO.C.3 which describes an Alley as servicing the rear of,a proper tyto Page 195 of 377 dimf'nish use of the main access atprope:rty frontage. For the new units the alley must serve their personal car parking, visitor parking, emergency vehicle access and parking during the emergency, garbage: and recycling trucks, mail and package delivery, and parking for any other services to those homes, e.g., utility service or equipment installation and repair. AMC 18.3-5.1 OO.C.3 specifies the standard paved width for an Alley as 12 feet with, 4- foot clearances on either side. In the plan there is a 16-footwidth reserved for the Alley which is thus 4 feet less than code. The short east -west stub off Plum Ridge Drive cannot be widened beyond its 12-foot current width. The North Mountain Neighborhood District code takes precedence over AsNand Street Stand:a;rds, but the same problems requiring only secondary access and limits on width exist with respect to that code. There is no possibility of converting Mariposa Court into a Neighborhood Street per AMC 18.3.5.1 OO.C.2 which requires a 48-foot right-of-way including sidewalks aind planter strips, P rking spaces provided apartment units VVe..c.-on te n d, th a t t h, e P La n nit n g Qojm ULID _OAO A. 3 o r A M C 18.5.2.050. The 12-unit apartment building is squeezed into a too small parcel and as, such does niot comply with the applicable Site Development and Design Standards of AMC 18.4 as foUlows- (1) ALL parking is puLL-in spaces all sized for compact cars but it is not reasonable to expect all occupants to have compact cars. Longer vehicles would stick out into the alley. (2) AMC 18.4.2.030 Residential Development Sec. A 1.a. Parking Layout.... "However, avoid des,igns where the parking areas are: immediately abutting dwelling units,.." The design shows parking immediately abg the wall of the 1-wroln., (3) The accessible parking space does not meet the criteria for access to the entrance to the building. Will the unit adjacent to the accessible parking space be reserved for a disabled person? (4) Since the plans do not include a section of the alley with the adjacent buildings shown it's difficult to determine if the minimum dimensions requiired by AMC Page 196 of 377 (6) The 12-unit a partmentbuildlingdoes not comply with the common and private 11111�1111ri� i I 1, 1111111 1 i1iiii NOIN _1031w "rMIPMMM We..-c.oj)tend.-t.b-a..Lthe-Lo-.w.er unAs.-of-tta-1 t building fait to meet AMC 0 18.3.5.100.A.2. The front or primary elevation of these units faces west, awayfrom, any street and in fact into the rear of two larger single-family homes below them. These units wilt have access to vehicles only via an external flight of stairs. AlLgoo from furniture to groceries to front door deliveries wilt have to be carried via those stairs. More importantly, ambutance or other emergency transport must use thoise sta i rs. I The 1 2-studio apartment building at the top of Area 7 would be closely surrounded by homes of a completely different nature. The 12 proposed studios apartiments are s,ized at approximately 500 sqo the east are three single famity homes with greater than 1,500 sq.ft. To the south airle two single f amity homes with greater than 1,500 sq.ft. To the west wilt be, according to the submiitted plan, two single famity homes with, greater than 11,5001 sq.ft. White higher density, smaller homes can be designed to blend in with larger single-family homes, the disparity of design in this case is enormous. with Ashland street stan iaaLs. The 12-foot wide one-tane alley off Plum Ridge Drive which would be extended west beyond Patton Lane would serve ais one of two points of access to 16 additional units. The alley does not meet AMC 18.3.5.1 OO.C.2 standard width provisions in that there is no 4-foiot wide clearance space oin either side. There is no room for widening or for sidewalks. The alley currently serves as access to three garages, with vehicles back�ing out onto the alley. In addition, itis used blysolmevehictes coming from an unnamed attey paratLeLto Plum Ridge Drive. The Julian Court attey was not designed to handle a Large number of vehicles, oversize trash removal or delivery trucks, or fire and rescue vehicles. At presentRecology and large detivery trucks, cut into Lot 38 property to make the turn at the end of the alley. The proposed units—Qn LQ ndl 3.8-do.-nat-meo ... ...... . h. _c --a.n..d Drivate op2 space requirements in AMC 18.4.4.070. The plan would cover two-thirds of Lots 37 and 38 with structures or pavement. Thiis does not, as the petitioners cta,im, reduce Page 197 of 377 the impact on the natural environment, but rather increases runoff down the steep slope. The proposed four two-story buildings west of the houses on Plum Ridge Drive and south of the alley marked as Julian Court would be the tallest structures on the west end of the entire Kestrel development area. With the exception of one house at Nadiina Street and Plum Ridge Drive in the Mountain Meadows development, other two-story structures are spaced down the slope and don't interfere with existing views of other houses which are primarily owner occupied. The plan would cover two-thirds of Lots 37 and 38 with structures or pavement. Other consiftrali n$ ...... Although it is not the Planning Commissions purview to look at specific traffic problems with a, proposed development, section D of the AMC 18.5.2.0150 Site Design Review Approval Criteria, does state in part that adlequate paved access, to and through the property its to be provided. The new development will add 38 homes to the North, Mountain Neighborhood District which now has approximately 440 independent living homes plus 91 assisted Living and memory care apartments in Skylark Senior Living. With the addition of Kestrel Phase III the population of the North Mountain Neighborhood District can be estimated at over 600 people, more than 5 percent of the city of Ashland. Yet the North Mountain community has only a, single paved access, to the city, North Mountain Avenue with its narrow bridge over Bear Creek. A bridge over Bear Creek at Nevada Street is in the 2012 Ashland Transportation System Plan, but there is no current plan for its construction. Public transport into the community now must retrace its route out of the community. Whether this is a factor or not, the community has no regular public transportation. We contend there is not adequate transportth pro t -an-AM.C. ia,5�2-05 aji.o.n..t.o t perty as the Finding of Fact KID .sCates. It is also not the purview of the Commission to consider provisions for evacuation of the development should that be needed in an emergency. This provision is not a part of the Ashland Municipal Code, but the recent Atmeda fire hats brought great attention to the need for providing evacuation routes. The North Mountain community has only two evacuation routes, along North, Mountain Ave south to the city or north across the 1-5 overpass out of the city. An emergency onramp to 1-5 south has been built, but there has been no clear information on, when and how it can be used. Adding 38 units, to an area with over 440 homes, adds significantly to our evacuation concerns. Page 198 of 377 Dennis HoLemian 822 Plum Ridge Drive Dave Runket 893 Plum Ridge Drive Richard Kinsinger 591 Nandina Street Bobbie Kinsinger 591 Nandina Street Lee Bowman 554 Moulnitain Meadows Drive Roberta Bowman 554 Mountain Meadows Drive Cathy George 832 Plum Ridge Drive Jeffrey Thompson 863 Plum Ridge Drive: Maggie Thompson 863 Plum Ridge Drive Ron Vandervort 583 Nandina Street Carol Vandervort 583 Nanidina Street Bob Pohl 843 Plum Ridge Drive Alden Sklensky 549 Mountain Meadows Drive Lia Byers 544 Mountain Meadows, Drive Stephen Brummer 544 Mountain Meadows Drive Suzanne Mitchell 892 Plum Ridge Drive PaulWinans 802 Plum Ridge Drive Nina Winans 802 Plum Ridge Drive Robert Tower 812 Plum Ridge Drive Kevin Frostad 793 North Mountain Avenue Tina Frostad 793 North Mountain Avenue Donna Taylor 5,90 Mountain Meadows Drive Joel Taylor 5910 Mountain Meadows Drive Dennis Knauert 862 Plum Ridge Drive Francisca Van Lith 8,162 Plum Ridge Drive Kara Keeling 823 Plum Ridge Drive Genie Anderson 598 Nandina Street Bethany Hall, 584 Great Oaks Drive Grace Martin 596 Mariposa Court Chris Lewis 802 Mountain Meadows Drive Anna Lewiis 802 Mountain Meadows Drive Cathy Armstrong 837 North Mountain Avenuie Paula Phillips 785 North Mountain Avenue NancyWilkinson, 852 Mountain Meadows Drive Thomas Boudrot 857 North Mountain Avenue Alice Diefenbach 801 North Mountain, Avenue Sherwood Goozee 595 Great Oaks Drive Germaine Goozee 595 Great Oaks Drive David Lane 464 Golden Aspen Place Catherine Hickling 833 Pavilion Place Page 199 of 377 Janet Golan 963 Golden Aspen Place Jim Robertson 962 Golden Aspen Place Linda Robertson 962 Golden Aspen Place Robert Carter 838 Cobblestone Court Laurie Carter 838 Cobblestone Court Candis Fugitt 95'9 Golden Aspen Place Susan Stoehr 977 Golden Aspen Place Mary K. icing 967 Mountain Meadows Circle Maureen Wallace 838 Pavilion Place Edwin Miller 971 Golden Aspen Place Motley Tinsley 971 Golden Aspen Place Janice Triegtaff 875 Bolder Creek Lane Michelle Indianer 915 Fountain Meadows Circle Joan Tschailaer 992 Mountain Meadows Circle Roy Sutton 989 Golden. Aspen Place Dena A pitman 905 Mountain Meadows Circle Dorothy Brooks 979 Golden Aspen Place Dena Rates 846 Stony Point Anna Gove 947 Mountain Meadows Circle Martin Thommes 564 Great Oaks Drive Hal (Hayes 941 Mountain Meadows Circle Nancy Bringhurst 785 Creek 'Stone Way Diana O'Farrell 929 Mountain Meadows Curdle Terry Ansnes 9,88 Golden Aspen Place Michael Kotowski 812 Boulder Creek Lane Edward (Busby 904 Mountain Meadows Circle Shelley Busby 904 Mountain Meadows Circle Susanne Krieg 900 Skylark Place #316 Betsy McLane 819, Boulder Creek lane Glove Johnson 986' Golden Aspen Place Barbara Crass 9512 Golden Aspen Place Arlene Mueller 826 Boulder Creek Lane Roger Mueller 826 Boulder Creek Lane Ann Dick Willson 821 Pavilion Place J. Marlene Baker 816 Boulder Creek Lane Darin Bolling 816 Boulder Creep Lane Helen Motz 842 Stony Paint Charlotte Silbaugh 914 Mountain Meadows Circle Morgan Silbaugh 914 Mountain Meadows Circle Charlene Kenny 863 Stony Point Page 200 of 377 Jeannine Bertrand 823 Boulder Creek Lane Ian Coluchman 919 Mountain Meadows Drive Judith Sundaram 833 Cobblestone Court Nathanael Sundaram 833 Cobblestone Court Carol Nosko 824 Pavilion Place Juan Quesada 824 Pavilion Place Pamela Newton 975 Golden Aspen Place Shoshianah Dubinier 922 Mountain Meadows Circle Paul Boon 855 Stony Point Suzanne Smith-HammerU 991 Golden Aspen Place Mary Ferrari 936 Mountain Meadows Circle Dave S,eiden 838 Pavilion Place Cassie Conner 735 Meadowlark Way Gloria Junkermann 906 Mountain Meadows Circle Bill Walker 844 Stony Point Anita Walker 844 Stone Point Alan Bermian 817 Pavilion Place Harriet Berman 817 Pavilion Place Lola Eagan 836 Pavilion Place Lucy Strasburg 935 Mountain Meadows Circle Mary Hunt 580, Mountain Meadows Dr Judith Milburn 840 Pavilion Place Kate ThiLl 921 Mountain Meadows Circle Sarah Tozier 957 Golden Aspen Place Amelia Franke 980 Golden Aspen Place: Jim Cornelius 822 Boulder Creek Lane Carolyn, Herb gill Mountain Meadows Circle Linda Sussman 910 North Mountain Avenue Jo Ann Grady 909 Plum Ridge Drive Daniel DeRoulx 909 Plum Ridge Drive Vida Taylor 913 Plum Ridge Drive Vincent Chabot 919 Plum Ridge Drive Nancy Shubert 919 Plum Ridge Drive Ross GitLainders Plum Ridge Drive Ginniy GitLaniders Plum Ridge Drive Loretta Bartow 921 Patton, lane Dennis Tetz 638 Fair Oaks Court Barbara Ricketts, 638 Fair Oaks Court Page 201 of 377 Joyce Leighton 626 Fair Oaks Court Gail Engblom 6,36 Fair Oaks Court Jill Cabers 654 Fair Oaks Court Joy Dobson, 624 Fair Oaks Court Frances Brandt 634 Fair Oaks Court Braid Bodziin 616 Fair Oaks Court Fainda Bender 612 Fair Oaks Court Lotus Gabriel 6016 Fair Oaks Court John Sells 608, Fair Oaks Court Sally O'Brien 618 Fair Oaks Court Jeremey Daitly 628 Fair Oaks Court Miyo Ishihara 628 Fair Oaks Court Page 202 of 377 Page 203 of 377 Signatory Supporting Testament on Kestrel Park Phase III Site Development Page 204 of 377 Page 205 of 377 w' r i• i " N IY i w Page 206 of 377 Signatory Supporting Testament on Kestrel Park Phase III Site Development Name Street Address "Lo Page 207 of 377' 111111 111: �,�MMjjllljjjl 0: Name Street Address e- ]Fall zi C- LZ *"T cles CD 6 2 2 . .. ........ a Page 208 of 377 Signatory Supporting Testament on Kestrel (Park Please III Site Development Name Street Address tZ4 .m_ Page 209 of 377 Page 210 of 377 From. MAR-UADELLE To- PUnnil2g Cc: CIII&L adnzpda"r; 12IM'LuHIV Subject; Kestrel HHWde DevOopment DaW Friday, December 06, 2024 5°04:20 P,M [EXTERNAL SENDER] Dear Planning Commission, I wish to share my thoughts with you concerning the Kestrel Hillside Development. But before . do, 1'. want to dispel the very dismissive label that has been applied to all who have protested this development: NIMBY—not in my back yard. This is not the case. All who have purchased residences in the area surrounding the Kestrel property knew that someday the property would be developed.. It is the density and aspects of the design that are concerning. The plans for the North Mountain Neighborhood were drawn up decades ago. I believe the lead planner on this project was Mark Knox. The plan essentially called for high density, in keeping with the goals of infill. Back in the day, it all looked good.This property was assigned a density of 24-44 units. The developer has applied for 48 units. This falls within the approved amount due to the value applied to units under 500 square feet. These units are given a value of 3/4 unit. Because there are enough of these units, the developer is able to squeeze in a few more. Fire safety: Page 211 of 377 In today's, real world, this density is now a serious, safety issue.The very worrisome annual fire danger we all face is an issue we cannot avoid. When high density is coupled with the practice of street narrowing, you have the recipe for catastrophy. Dropping high density developments into neighborhoods with streets that do not have the capacity to properly evacuate the residents in a timely fashion, is not only unconscionable but borders on the trim final. I find it beyond belief that the fire department continues to, sign off on the narrow streets. Evacuation: According to the Evacuation study, all, of Ashland will be congested within 30 minutes. It will take 4.5 hours to fully evacuate the City. The North 'Mountain Neighborhood will congest within 15 minutes. If faced with another fast moving Alameda -type fire,, this neighborhood would quickly become a very crispy one. Do you remember Paradise, California? I understand that the state would be very pleased for Ashland to embrace higher density neighborhoods. Then build these neighborhoods in areas where the infrastructure can be built to accommodate the evacuation safety of the citizens. The Croman Mill site comes to mind. Design; North mountain Neighborhood Section 18.3.5.030 C Supplemental Approval Criteria Page 212 of 377 1. The application demonstrates conformity to the general, standard design requirements of the North Mountain. Neighborhood Plan, including transportation, density, building design, and building orientation. This development is not in keeping with the surrounding neighborhood. Putting aside the abysmal size of the proposed units, there is a proposed structure for the SE comer of the property bordering Nandina. This, calls for 6 units up and 6 units down with a large parking lot fronting an ally. In this neighborhood, there are structures with 2 attached residences and then a gap between this structure and another residence. The proposed structure has an appearance of a motel.. It is visually depressing and inappropriate for this area. Access and egress for most of the residences in this development are dependent on. the ally way system. The plan calls for parking lots accessed via the allies. These allies are essentially one way and not designed for even moderate traffic flows. Further, you cannot get emergency, service or moving vehicles down these allies due to the 90 degree turns. If the corners were radiuses to 45 degrees, it would ameliorate the problem but not cure it. Public transportation is nonexistent for this area so it must be assume that 90-98% of the residents will have vehicles.To think that most people will be walking or biking is simply not valid, especially for an area comprised of mostly of older citizens. KDA were the original designers of this plan. Their goal was to maximize the density in order to squeeze every last ounce of profit from this development without regard to their neighbors. Page 213 of 377 The new developer is simply following the pre -approved plan. Because Mark Knox has been the consultant for this plan, no box has been left unchecked. I do not oppose the development. I am asking for a reduction in the density to 30�-35 units. I any also requesting the city reconsider the width of the streets, knowing full well the -fire danger we face. A slight redesign of the 6 unit structure is also requested. Thanl,-, you, very much for you time. Sincerely, Nancy and Mark Abelle MiNOMR41SWIM Page 214 of 377 Michael Sullivan From: Michael Sullivan Sent: Monday, December 09, 2024 112 5 AM To. Michael Sullivan Subject: FW: Kestrel Planning application comment From; David Runkel <davidrunkelor@gmail.com> Sent- Mondlay, December 09, 20,24 10:15 AM To: planning <planning@ashland.orms> Subject: Kestrel Planning application comment [EXTERNAL SENDER] Please provide the attached to members of the Planning Commission before tomorrow night's hearing. To: Members of Ashland City Planning Commission From: Dan DeRoux, 909 Plum Ridge Drive, David Runkel, 893 Plum Ridge Drive Date: 12/9/24 RE: Kestrel Park III Proposal Before Ashland Planning Commission The developer of the Kestrel Park 111, Area 6 proposes to extend the pavement between Julian Square 11 in, the 900 block of Plum Ridge Drive and the private house at 893 Plum Ridge down the hillside to provide vehicular access to 12 new units, each, with, one parking space. Currently this short, 12-foot wide pavement provides access to Plum Ridge Drive from the garage attached to 893 Plum Ridge and two garages and a parking spot of the Julian Square 11 complex. It is not an alley under city code provisions AMC, 18.3.5.1 00,.C2. And there is insufficient space on the adjoining private owned land to enable it to be converted into a legal alley. There is less than flour feet of space from the edge of the pavement to an air conditioning unit serving a Julian Square unit and only nine feet of space from the edge of the pavement to the wall of the house at 893 Plum Ridge. Not only does the developer's plan for use of this existing pavement and its extension down the hillside toward Stoneridlge Drive not meet code provisions for an alley, but the increased traffic would present problems with an evacuation in case of a fire. Access for emergency vehicles also is problematic. At present, Recology trucks and other large vehicles cut into the hillside at the end of the pavement when making a turn north into another short unnamed Iplaved space that is used by other units of Julian Square and four houses facing Patton Lane. We object to the developer's, planned use of the existing pavement and fits extension that is not authorized under city's code provisions for an alley and cannot see how this can be allowed by the city. Page 215 of 377 STA-UV,F,POV,T Before the Planning Commission — Deceinber 10, 2024 PLANNING ACTION. OWNER: APPLICANT: LOCATION: ZONE DESIGNATION: PA-T2-2024-00054 CMK Development LLC Taylored Elements 39- IE-04-AD Tax Lot 8600, 4700, 7800, & 4900 North Mountain Multi -Family (NM-M.F) COMP. PLAN DESIGNATION: North Mountain ORDINANCE REFERENCES: 18.2.4 General Regulations for Base Zones 18.2.5 Standards for Residential Zones 18.3.5 North Mountain Neighborhood District 18.3.9 Performance Standards Overlay 18.5.1 General Review Procedures APPLICATION DATE: APPLICATION COMPLETE: PUBLIC NOTICE: MEETING DATE: 120-DAY DEADLINE: 18.5.2 Site Design Review 18.5.3 Land Divisions & Property Line Adjustments 18.6.1 Definitions November 1, 2024 November 15,2024 November 19,2024 December 10, 2024 March 1, 2025 PROPOSAL: A request for Outline Plan approval for a 15-lot Performance Standards Option (PSO) subdivision and a request for residential Site Design Review approval. The application also includes a request for a variance to driveway width as well as a request to remove a single non -hazard tree that is within a proposed building envelope. 1. Introduction The property was created as lot-31 of Kestrel Park Phase 11 and was reserved for this final phase of the Kestrel Park Subdivision. The property is zoned "North Mountain -Multi Family" (NM- MF) and is regulated by the North Mountain Neighborhood Plan (NMNP). The NMNP is codified at Ashland Municipal Code (AMC) 18.3.5, and applies to all properties within the North Mountain Neighborhood Plan area (adopted by Ordinance 2 800 in April 1997). The AMC requires that all applications involving the creation of three or more lots in the NMNP to be processed in accordance with AMC 18.3.9 the 'Performance Standards Option and PSO Overlay' chapter (see: AMC 18.3.5.040.K). There are two required steps to a PSO subdivision; first Outline Plan, followed by Final Plan. For developments of fewer than ten lots, the Outline Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 1 of 16 Page 216 of 377 Plan may be filed concurrently with the Final Plan, however for developments of ten or more lots, separate Outline Plan approval is mandatory prior to Final Plan. The code requires a type -I. land use action for Final Plan approval to ensure that there are findings of substantial conforniance with the Outline Plan prior to construction and the recording of the final plat. The proposed PSO subdivision includes a total of 15-lots for residential development, ten of the lots are proposed for single-family residential (SFR) development, and five lots for inultifamily Dousing. The application includes a request for Site Design Review approval for four multifamily buildings with a total of 28-units of multi -family housing. Conibined, this is a development density of 38 dwellings for the purposes of determining allowed density. In accordance with HB2001 and the adopted duplex standards at AMC 18.2.3. 110 each of the SFR lots can be developed with two dwellings. 1) North Mountain Neighborhood Plan (NNINP) The NMNP Area is approximately 53 acres and is located between Interstate-5 and Bear Creek and west of North Mountain Avenue. The Neighborhood Plan and related implementation standards were adopted by the City Council by Ordinance 2800 on April 2, 1997. Development located within the NMNP area is required to meet all applicable sections of AMC 18.3.5, except as otherwise allowed. The subject property is shown in dashed outline at right along with most of the NMNP area. This proposed subdivision will complete the northern portion of the NMNP area leaving only the I I -acre parcel to the south (tax lot #2800) to complete the implementation of the NMNP. 2) Back groun This is the 3' Phase of the Kestrel Park Subdivision which began in 2018. The subject property is Lot 31 of Phase 2 and was reserved for this final phase. The proposed subdivision will connect both Nandina Street and Patton Lane / Mountain Meadows Drive to create four blocks that have been identified previously as areas 4, 5, 6, and 7. Phase I was the extension of Kestrel Parkway and Stoneridge Ave., as well as the construction of Nandiria Street. It consisted of 15 residential lots and was approved as Outline Plan PA-T2-201 8- 00005 in December 2018 followed by Final Plan PA-T 1 -2019-00075 in November 2019. The final plat was recorded as CS23143 in September of 2020. The application also included Planning Action: PA-T2-2024-00�054 Ashland Planning Department— Staff Report (aha) Owner: CNM Development LLC Page 2 of 16 Page 217 of 377 amendments to the NMNP to modify the street network and address the 'Civic Space' shown on the adopted map. A portion of the phase 1 plat is shown below. hl, -VI 1 n 4 NEI lox WAY rti Phase 2 which consisted of the "cottage development" and was approved as Outline Plan PA-T2- 2020-00016 in March of 2020 followed by Final Plan PA-T 1 -2020-00113 in June of 2020. The final plat was recorded as CS23242 in December of 2020, and reserved lot 31 for phase 3. The plat is shown below. LLL� 7 . ,c . ..... ... ll POLARIS LAND SURVEYING .............................................................................................................................................................................................................................................................................................. ................................................................................................................................................................... . . . ................. Planning Action: PA-T2-2024-00�054 Ashland Planning Department— Staff Report (aha) Owner: CNM Development LLC Page 3 of 16 Page 218 of 377 3) Site Description The subject property is Tax lot #8600 of Assessor Map 39-lE-04-AD, it does not presently have an assigned street address. The application also includes three tax lots owned by the City of Ashland; tax lot 4700 a 0.05 acre strip of land along the north, as well as tax lots 7800 & 4900 which are both 'street plugs' to be vacated. The property was created as lot-3 I of Kestrel Park Phase II and was reserved for this final phase of the Kestrel Park Subdivision. The property is 2.27 acres in size and slopes from east to west at approximately 15% and is zoned North Mountain Multi -Family (NM-MF). 11. Project Proposal — Outline Plan Subdivision and Residential Site Design Review. 1) Performance Standards Option (PSO) Subdivision — Outline Plan Approval The North Mountain Neighborhood District regulations require that all applications involving the creation of three or more lots shall be processed under chapter 18.3.9 Performance Standards Option Overlay (AMC 18. 3.5.040.K). The proposed subdivision, shown below, will create 15 new lots and connect Nandina and Patton Streets. Because of survey regulations regarding multi -phased subdivisions lot numbers need to be sequential through all phases. Because the parent lot was #31 of Phase 2, now the numbers for the 15 lots in Phase 3 are #32 through #46. ........ .... 41 Z, 11.1 =1 PREEZOVARYPVDAW ------- --------------- KESTRELPARK, PHASE BI F_ 0, .......... "N ...... . . . . . ......... ------------ . .................. J - ----- — ------- ------- -------- POLARtS-- Planning Action: PA-T2-2024-00�054 Ashland Planning Department— Staff Report (aha) Owner: CNM Development LLC Page 4 of 16 Page 219 of 377 The approval criteria for Outline Plan include eight items which are summarized as follows: 1) The development meets all applicable ordinance requirements of the city. } Adequate key City facilities can be provided including water, sewer, , paved access. 3) The natural features, such as wetlands and large trees, are included in unbuildable areas. 4) The development of the land will not prevent adjacent land from being developed. 5) There are adequate provisions for the maintenance of common open space. 6) The proposed density meets the base and bonus density standards. 7) The development coinplies with the street standards. 8) The proposed development meets the cointi-ion open space standards. The application includes detailed written responses to each of the approval criteria and design standards, and by their reference they are incorporated herein as if set out in full. Next, we briefly address each of the approval criteria, and any needed conditions of approval to demonstrate compliance with the applicable standards. The first approval criterion is that "the developiliet'it nieets all applicable orditiatice requirenients of the city" This first approval criterion is all -encompassing allowing the Planning Conunission to address all city standards, even outside of Chapter 18 of the AMC. The application materials explain that the proposal utilizes the Perforniance Standards Option Chapter 18.3.9, and that the development demonstrates compliance with the standards from AMC 18.3.9.050 — 18.3.9.080. The application materials emphasize that as a Performance Standards Options proposal, the application is not required to meet the ininlinuin lot size, lot width, lot depth or setback standards of part 18.2. With the application materials fully considered staff concluded that findings can be made that all applicable ordinance requirements will be met. The second approval criterion is that "adequate kel, City1facilffies can. be provided including water, seiver, paved access. " Staff would reiterate that this is the third phase of the :[kestrel Park Subdivision and that all city facilities were sized with the capacity for the third phase in mind. The application includes preliminary Civil Plans that illustrate the various city utilities including sewer, water and storm drainage. The plans indicate that the available utilities include eight -inch water and sewer mains, and twelve -inch storm drain. Staff has consulted with the engineering department in Public Works regarding the civil plans and have confirmed that the proposed infrastructure will meet all city standards, and that there is sufficient capacity for the proposed development. Staff believe findings can be made that this approval criterion is met. The third approval criterion is that "the ttaturalfeatures, such as wetlands and large trees, are included in unhOldahle areas." The previous phases of the subdivision have addressed flood plain and wetland areas. For this phase the subject property has no identified natural features or wetlands to consider with the exception of the single multi branched tree that is proposed for removal and is discussed further below. Staff believe findings can be made that this approval criterion is met. The fourth approval criterion is that "the developilient of the band will notprevent a4iacent land ftotli being developed." The subject property is surrounded by land that have already fully Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 5 of 16 Page 220 of 377 developed. It is manifest that the proposed development will not prevent adjacent land from developing and that findings can be made that this approval criterion is met. The fifth approval criterion is that "there are adequateprovisions for the inaintetiatice Of coninion opet'i space." The application discusses the existing HOA:s that have been formed from the earlier phases of the Kestrel Park, and further states that "The three phases are also tied together through monetary coininitinents (HOA Dues) for the inaintenance of cominon areas and improvements such as the site's wetlands, common spaces, park benches, park row vegetation and irrigation and street trees." Staff conclude that the HOA provides sufficient evidence of the provisions for the ongoing maintenance for the coininon open space and that findings can be made that this approval criterion is met. The sixth approval criterion is that "the proposed densiti7 ineets the base and bonus density standards." The application explains in detail that the Kestrel Park Subdivision has two zones, NM- R-1 -7.5 and NM-MF with a minimum density requirement between 75% and I 10% of each zone's base density. The table (page 6 in the application findings) shows that with the dwelling units developed in previous phases the proposal is within the required / allowed density. During the application review staff becaine aware of an error in the area of the two different zones. This error was in the original 2018 application materials and has been carried forward without notice. There are two errors in the table as it underrepresents the land zoned NM-R- 1 -7.5 and overstates the land zoned NM-MF. Shown below is a screen capture froin the City GIS clipping the NMNP zones and calculating the area of each zone in the Kestrel Park subdivision. Note that there is a small portion of the original portion the lot that was dedicated as open space in phase I that is just outside of the NNINP zoning district which is why these values sum Just short of the project size of 13.48 acres. Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 6 of 16 Page 221 of 377 The table below sets out the correct sizes of land for each zone per City GIS and the number of dwellings approved in each zone per phase. NM ZONE NM-R-1-7.5 NM-MF Acres 4.59 4.16 Dwelling units per acre 3.6 12 Base Density (acres x units per acre) 16.52 49.92 miminum density (x 0,75 — 1 � 1 12.39 — 18.18 37.44 — 54.91 Phase 1 11 4 Phase 2 (Cottages) 5 10 Total Dwellings (Phase I + 2) 16 14 Remaining Density from allowed max 2.18 40.91 Proposed Phase 3 38 As stated above, the application is for 28 multi -family dwellings, and 10 lots for single family housing*. Conibined these represent 38 dwelling units for the purposes of density for the subdivision which is less than the 40 which could be allowed. Staff conclude that findings can be made that this approval criterion will be met. The seventh approval criterion is that "the developmetit complies ivith the street staticlards. " The preliminary civil plans provide cross sections showing proposed improvements that meet all of the NNINP street standards including park row, sidewalk as well as paved and ROW width. The only exception to this is a portion of S,toneridge which has a 46'wide ROW. However, as the application makes clear, this was previously approved during the first phase of the subdivision. During the original Kestrel Park subdivision approval process,, concerns were raised during public testimony that emergency access and evacuation routes were limited to the bridge on Mountain Avenue over Bear Creek or to indirect access via county roads to Oak Street, the Conu,nission found that in response to similar concerns for previous development of the North Mountain Neighborhood, all properties were required to sign in favor of and agree to participate in a Local Iniprovement District (LID) for the future construction of a bridge across Bear Creek to connect Nevada Street to Oak Street. As such, a condition was included to require that all properties within the Kestrel Park Subdivision sign a similar agreement prior to signature of the final survey plat. The subject properties here are within the subdivision and are subject to that original condition which has been included below. Staff conclude that with the condition of approval findings can be made that this approval criterion will be met. The eighth and final approval criterion is that "the proposed devclopinent ineets the connnon open space standarcls. " The application notes the following: "The Kestrel Park Subdivision is 13.48 acres in size of which 5.13 acres was dedicated as open space (Bear Creek Riparian Area) and another .7 acres was platted as private open space for the subdivision's on -site wetlands and a couple of smaller landscape areas - located at various street comers as common neighborhood landscaping, for a total of 5.82 acres or roughly 43% of the subdivision's acreage of which only 8% is required with Performance Standard Subdivisions and an additional 4% for Site Review * The application makes clear, and staff agree, that each of the 10 'single family' lots may or may not build out with ARUs or duplexes in accordance with HB2001 and COA Ord. 3229 § 3, 12/19/2023. Planning Action: PA-T2-2024-00�054 Ashland Plaiming Department— Staff Report (aha) Owner: CNM Development LLC Page 7 of 16 Page 222 of 377 applications. Additionally, each of the proposed multi -family units do include an additional 8% recreational space (porclies,/patios)." Staff conclude that findings can be made that this approval criterion will be met. The NMNP also included Supplemental Approval Criteria that require that there is conformity with both the "general desigti requireiiients of the North Alontitait'i Neighborhood Plan, includitig densit.`y, transportation, building design, and building orientation" as well as the "specific design requirenietits as provided in the North Allountain Neighborhood Design Statidards. " The NMNP includes detailed Design standards for both roads and architectural design. The application states that the NMNP design standards are fully met and include detailed dimensions on the site plan showing that porches meet the correct size and that garages are appropriately setback from the front of the homes. The remainder of the architectural standards are discussed below under the Site Design Review approval criteria. As mentioned at the outset, the application includes a variance to driveway width from the NMNP standard. The NMNP standards requires 9dn'veways for single homes and allows 12' for shared drives. The reason for the variance is a combination of driveway spacing standards and that Public Works will not allow nine -foot driveways. Instead, the application proposes 12' driveway width (the public works minimum for a single lot) for the S,FR lots, and 18' driveway width for shared driveways. Staff believes that based on the topography that functionally a 12' wide driveway can not effectively serve two — two car garages as there is not sufficient depth for the driveway to widen out. Staff believe that when one considers how cars have increased in size over the years, and the site topography that the proposal for 12' driveways and 18' for shared driveways can be supported. The approval criteria for the variance are discussed further below. Staff conclude with the approval of the variance that findings can be inade that the Supplemental Approval Criteria criterion will be met. 2) Residential Site Design Review The applicability section of Site design review is provided at AMC 18.5.2.020.13 and requires Site Design Review for both "Three or iiiore divelling utfits oti a lot" as well as "Construction Of attached (eoiwlioti ivall) single- fianfilv divellings" as is proposed here. The first criterion of approval for Site Design Review is that "The proposal colliplies 1vith all of the applicable provisions of the underlvitig ione (part 18.2), including but not hili ited to., building and yard setbacks, lot area and diniensions, detisio, at0floor area, lot coverage, building height, buildiiiq orientation, architecture, and other applicable standards."" PSO subdivisions are not required to meet the minimum lot size, lot width, lot depth, and setback standards of part 18.2, and other standards as specifically provided by AMC 18.3.9. By virtue of being a PS,O development this approval criterion is effectively not applicable. Staff conclude that findings can be made that this approval criterion will be met. The second criterion of approval for Site Design Review is that "The proposal colliplies with applicable overla.v ione requi . relnetits (Part 18.3). " The only applicable overlay zone is the North Mountain Neighborhood District at AMC 18.3.5 which governs all development in the NNINP area. Included in the NNINP standards are the Site Development and Design Standards at AMC Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (alga) Owner: CNM Development LLC Page 8 of 16 Page 223 of 377 18.3.5.100. When printed these standards occupy 30 pages, so we do not address each item individually. That said the building elevations and renderings make clear that the architectural design requirements are clearly met as the proposed buildings features include covered porches, eves, and building offsets. The Site plans have dimensions shown that the three single family common wall buildings each include the required setback and offset for the garages as illustrated in AMC 18.3.5. 100.A.4.a. Staff conclude that findings can be made that this approval criterion will be met. The third criterion of approval for Site Design Review is that "Theproposal coniplies with the applicable Site Developinetit and Design Standards ofpart 18'. 4, except as provided below. " Because the development is regulated by the NXINP many of the regulations in 18.4 are not in effect. AMC 18.3.5.020 provides in part that "where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the North Mountain Neighborhood district shall govern." That said, the site plan clearly demonstrates that the driveway spacing meets or exceeds the 24'requirement as well as details on recycling and refuse area. The application materials include a detailed landscaping plan showing that all portions of a lot not otherwise developed are to be landscaped. Staff conclude that findings can be made that this approval criterion will be met. The fourth criterion of approval for Site Design Review is that "The proposal coniplies with the applicable standards iti sectioti 18.4.6 Public Facilities, and that adequate capacity' of City jacilitiesfor water, seiver, electricity, earati storin, drainage, paved access to and thronghout the propero, ' steel adequate transportation care nd awill be provided to the suhject propero,. " As discussed above the proposed street network and proposed City facilities have been sized specifically for the proposed density. The application includes detailed civil plans and staff are confident that findings can be made that this approval criterion has been met. The last criterion of approval for Site Design Review is that "The approval authorio, ilia ' v approve exceptions to the Site Developilient atidDesign. Standards of part 18.4 if the circialistances in either subsections below, earn found to exist... " There are no exceptions requested to the above standards and staff is confident that findings can be made that this criterion of approval has been met. 3) Tree reinoval The application includes a request to remove what is described as a 'multi stem' cherry tree which is located in the proposed building envelope of the rriulti family housing. Staff have doubts about whether the proposed tree is regulated based on the photos and site visits. Based on the trees form it presents more like a shrub rather than a dominate trunk that then splits. The Tree Management Advisory Committee (MAC) reviewed the application also questioned if the proposed tree removal was in fact a regulated tree, while also unanimously recointnending approval of the proposed removal. Based on the location the proposed removal meets the criteria of approval for reinoval as it is located within the building envelope. Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 9 of 16 Page 224 of 377 4) 'variance As discussed above, the application includes a variance request to depart from the NMNP driveway standard of 9' wide for single lot and 12' for shared access. The Public Works standards provide both a minimum driveway width of 12'and a maximum of 18'. Staff would note that vehicle size has increased over the years and would further note that a shared drive of 12', which can then widen to a wider drive on the lot, only works when there is sufficient depth. Based on the topography and proposed lot layout the proposed 18' shared drive is essentially meeting the standard of 9' for each home. The variance is necessary because the public works standards do not allow a driveway as narrow as the code dictates. The 18' is the inininniin necessary when one considers that each lot would be allowed a 9' driveway however the spacing won't allow for it. The benefit of the 1 S' shared drive reduces the curb cuts and allows for a majority of the block to be landscaped park row. Staffbelieve that the proposal provides an engaging streetscape while reducing curb cuts and support the variance to the NNINP standard. 5) Public Innu Notice was posted at the property frontage and mailed to all properties within 200' on November 19, 2024. On Friday 11/29 two public comment emails were received raising concerns about the proposed subdivision. Both emails raise concerns regarding the sufficiency of vehicle access to the apartment building in area 7, as well as concerns about the size of the parking areas. The second email also raised concerns regarding the appropriateness of the niultifamily housing as it relates to the surrounding development. Staff would first note that the alley in question was created as a 16'wide alley when the Plum Ridge Subdivision was created (see: CS 16571, PA200(1-007), and the present proposal includes an additional dedication of 4 additional feet to meet the NMNP standards for alley width of 20'. Staff would highlight that AMC 18.3.5.040.D provides that "If an alle ' v serves the site, access and efZrr essfor iliotovehicles shall he to anni, dfirothe alley. In. such cases, curb openings along the streetfi-otitage are prohihited. " Staff would further note that AMC 18.3.5. 1 OO.C.3 which provides details on Street Types and Design standards in the NMNP states the following: "One of the inost itliportant./eatures iiiaking up the neighbor hood is the allow'. 41/eVs allow parking to he located at the property 'Y rear and diiiiinish the negative inipact ofgarages proliferathig along streetfrontages, reduces pedestrian and vehicle conflicts at curb -cuts, atid reduces inipervious hard surface. Ire addition, honies, histead of garages, fill the streetfrontages, providing ilia.-vinnall opportunity for~ social interaction...." Finally, Staff would note that the proposal only includes a total of six driveway curb cuts on street frontages for the entire proposal for all 38 dwelling units providing uninterrupted landscaped park row creating an engaging streetscape consistent with the rest of the NXINP area. With regard to the concern of street frontage for each lot. The email states that lots 43 and 44 lack street frontage, however it is clear that each of these lots have frontage on Patton Lane and Stoneridge Ave respectively. Next it is also clear that lot 38 does not have street frontage but is served by a multifamily parking area which will be required to have reciprocal access easements. It has long been common practice in performance subdivisions to allow the creation of lots not Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 10 of 16 Page 225 of 377 meeting the minimum frontage standard provided that access can be provided over easements. In the alternative the lot could be reconfigured to have a flagpole touching the street frontage. Lastly, with regard to neighborhood compatibility staff first note that the proposed application is zoned multi -family and is required top meet a certain density as has been reviewed and approved in the previous phases of this subdivision. It is true that the size of the units in inulti-family buildings is not consistent with the surrounding neighborhood, but again staff would point out that the zoning to the east is single family, while the subject property is multi -family. Staff believe that the intent of the neighborhood compatibility is met as it relates to the architectural features of the proposed buildings. 111. Procedural — Approval Criteria 1) Outline Plan AMC 18.3.9.040.A.3 provides the approval criteria and standards for Outline Plan approval: A.3 Approval criteria for Outline Plan. The planining comimiiissiion shall approve the Outline Plan when it finds all of the following criteria have been met: A. the development meets all applicable ordliinance requirements of the city B. adequate key city faciilities can be provided includliing water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a city facility to operate beyond capacity. C. the existinig and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppiings, etc., have been identified in the plan of the development and signifiicanit features have been included in the common open space, common areas, and unbuildablle areas. D. the development of the land will not prevent adjacent land from being developed for the uses shown iin the comprehensive plan. E. there are adequate provisions for the maintenance of common open space and common areas, if required or provided), and that if developments are done in phases that the early phases have the same or hiigher ratio of ameniiities as proposed in the entire project. F. the proposed density meets the base and bonus density standards established under this chapter. G. the development complliies with the street standards. H. the proposed development meets the common open space standards established under section 18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section 18.4.4.070 if approved by the city of Ashland. 2) Supplemental Approval Criteria AMC 18.3.5.030.0 provides the approval criteria and standards for development in the NMNP. Planning Action: PA-T2-2024-00,054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 11 of 16 Page 226 of 377 C. Supplemental Approval Criteria. In addition to the criteriia for approval required by other sectiions of thins ordliinanice, applications within the NIVI district shall also meet all of the following criiteriia. 1. The application demonstrates coniformiiity to the general design requirements of the North Mountain Neighborhood Plans, iincluding dlensiity, transportations, building design, and building orientation. 2. The application compllies with the specific design requirements as provided in the North Mountain Neighborhood Design Standards. 3) S,ite Design Review AMC 18.5.2.050 provides the approval criteria and standards for Site Design Review: An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority miay, in approviing the applications, impose conditions of approval, consiistent with the applicable criiteriia. A. Underlying Zone. The proposal complies with all of the applicable proviisions of the underlyiing zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, buildliing height, building orientation, archiiitecture, and other applicable standards. B. Overlay Zones. The proposal complliies with applicable overlay zone requiirements (part 18.3). C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsectiion E, below. D. City Facilities. The proposal complies with the applicable standards iin section 18.4.6 Public Facilities, and that adequate capacity of City facilitiies for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consiistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty; 2. There is no demonstrable difficulty in meeting the specific requiirements, but granting the exception will result in a design that equally or better achiiieves the stated purpose of the Site Development and Design Standards; or Planning Action: PA-T2-2024-00,054 Owner: CNM Development LLC Ashland Plarming Department— Staff Report (aha) Page 12 of 16 Page 227 of 377 3. There is no demonstrable difficulty in meeting the speciific requirements for a cottage housing development, but grantiing the exception will result in a design that equally or better achiiieves the stated purpose of section 18.2.3.090. 4) Tree Removal AMC 18.5.7.040 provides the approval criteria and standards for tree removal. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority funds that the application meets all of the followiing criteria, or can be made to conform through the imposition of condliitionis. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards iin part 18.4 and Physical and Environmental Constraints in part 18.3. 10. b. Removal of the tree will not have a signiiificant negative impact on erosion, soil stability, flow of surface waters, protectiion of adjacent trees, or exiistiing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, siizes, canopies, and specifies diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatiives to the tree removal have been consiidered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residlentiial density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatiives conitiniue to comply with the other proviisionis of this ordinance. e. The City shall require the applicant to miiitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shallll be a condition of approval of the permit. 5) Variance AMC 18.5.5.050 provides the approval criteria and standards for a variance. A. The approval authority through a Type I or Type 11 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 uniiique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient eviidence 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. Planning Action: PA-T2-2024-00,054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 13 of 16 Page 228 of 377 3. The proposal's benefits will be greater than any niegative 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 sellf-iimposed by the applliicanit or property owner. For example, the variance request does not arise as result of a property lliine adjustment or land dliivision approval previously granted to the applicant. B. In granting a varianice, the approval) authority may impose condliitionis similar to those provided for conditional uses to protect the best iinterests of the surroundliing property and property owners, the neighiborhioodl, or the City as a whole. IV. Conclusion and Recommendations Staff recommend that the Planning Commission approve Outline Plan for the PS,O subdivision including the requested variance to driveway width and the requested tree removal. Staff also recommend that The Planning Commission approve Site Design Review for the four proposed buildings in areas six and seven, and the three common wall single family homes. If the Planning Commission approves the application, staff recommends including the following conditions of approval below: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically peci ically inodified herein. 2) That all new addresses shall be assigned by City of Ashland Planning Department. 3) That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for driveway approaches, street improvements, utilities or any necessary encroachments. 4) That the properties within the project sign in favor and agree to participate in a local improvement district (LID) for future construction of the Nevada Street bridge across Bear Creek. The agreement sliall be prepared by the City of Ashland and signed by the property owner prior to signature of the final survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns froin exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 5) That a final Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3. 10. 1 O.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 6) That the Final Plan application shall include: a. Final electric service, utility and civil plans including but not limited to the water, sewer, storm drainage, electric, street and driveway improvements sliall be submitted for the review and approval of the Planning, Building, Electric, and Public Works/Engineering Departments with the Final Plan submittal. The street Planning Action: PA-T2-2024-00�054 Ashland Planning Department— Staff Report (aha) Owner: CNM Development LLC Page 14 of 16 Page 229 of 377 system plan shall include full street designs with cross -sections consistent with the City's Street Design Standards for the proposed residential neighborhood streets and alleys, as approved. Street lights shall be included in keeping with city street light standards. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes; fire hydrant; sanitary sewer lines, manholes and clean -outs; storni drain lines and catch basins; and locations of all primary and secondary electric services including line locations, transforiners (to scale), cabinets, meters and all other necessary equipment. Transformers, cabinets and vaults shall be located in areas least visible from streets, while considering the access needs of the utility departments. Any required private or public utility easements shall be delineated on the civil plans. All civil infrastructure shall be installed by the applicants, inspected and approved prior to the signature of the final survey plat. b. That the applicant shall submit a final electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets, street lights and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to the signature of the final survey plat. Transformers and cabinets shall be located in areas least visible from streets and outside of the sidewalk corridor and vision clearance areas, while considering the access needs of the Electric Department. Electric services shall be installed underground to serve all lots within the applicable phase prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Electric, Engineering, Building and Alarming Departments prior to installation of facilities. c. A final storm drainage plan detailing the location and final engineering for all storm drainage iniprovements associated with the project shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. The storm drainage plan shall demonstrate that post -development peak flows are less than or equal to the pre -development peak flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. d. A final grading and erosion control plan. e. That the parking lot tree canopy plan shall be prepared by a licensed landscape architect or International Society of Arboriculture (ISA) certified arborist, and include certification that the plan is consistent with ANSI A300 standards. f. Calculations denionstrating that the proposed new lots have been designed to pernuit the location of a 2 1 -foot high structure with a solar setback that does not exceed 50 percent of the lags north -south dimension based on Solar Standard A, or identification of a solar envelope for each lot which provides comparable solar access protections, as required in AMC 18.4.8.040 Planning Action: PA-T2-2024-00�054 Owner: CNM Development LLC Ashland Plarming Department— Staff Report (aha) Page 15 of 16 Page 230 of 377 g. That the requirements of the Ashland Fire Department relating to approved addressing; fire apparatus access, fire apparatus access approach, aerial ladder access, firefighter access pathways, and fire apparatus turn -around; fire hydrant distance, spacing and clearance; fire department work area; fire sprinklers; limitations on gates, fences or other access obstructions; and addressing standards for wildfire hazard areas including vegetation standards and limits on work during fire season shall be satisfactorily addressed in the Final Plan submittals. Fire Departinent requirements shall be included in the civil drawings. 11. That draft CC&Rs for the Homeowner's Association shall be provided for review and approval of the Staff Advisor with the Final Plan submittal. The CC&R's shall describe responsibility for the maintenance of all common use - improvements including driveway, open space, landscaping, utilities, and storinwater detention and drainage system, and shall include an operations and maintenance plan for the storinwater detention and drainage systein. 1. A fencing plan which demonstrates that all fencing shall be consistent with the provisions of the "Fences and Walls" requirements in AMC 18.4.4.060, and that fencing around common open space, except for deer fencing, shall not exceed four feet in height. Fencing limitations shall be noted in the subdivision CC&R's. The location and height of fencing shall be identified at the time of building permit submittals, and fence permits shall be obtained prior to installation. 7) That a final survey plat shall be submitted within 18 months of Final Plan approval. Prior to submittal of the final subdivision survey plat for signature: a. All easements including but not limited to public and private utilities, public pedestrian and public bicycle access, drainage, irrigation and fire apparatus access shall be indicated on the final subdivision plat submittal for review by the Planning, Engineering, Building and Fire Departments. b. The final survey plat shall include the dedication of night -of -way necessary to accommodate the proposed street system. c. Subdivision infrastructure improvements including but not limited to utilities, driveways, streets and coinrnon area improveirients shall be coinpleted according to approved plans, inspected and approved. d. Irrigated street trees selected from the Recommended Street Tree Guide and planted according to city planting and spaces standards shall be planted along all street frontages pursuant to the proposed landscape plan, inspected and approved by the Staff Advisor. e. Electric services shall be installed underground to serve all lots, inspected and approved. The final electric service plan shall be reviewed and approved by the Ashland Electric, Building, Planning and Engineering Divisions prior to installation. f. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed to serve all lots within the applicable phase, inspected and approved. Planning Action: PA-T2-2024-00�054 Ashland Plarming Department— Staff Report (aha) Owner: CNM Development LLC Page 16 of 16 Page 231 of 377 (Michael Sullivan, Frorn: Miichael Sullivan Sent: Tuesday, December 10, 2024 10:28 AM To. Miichael Sullivan Subject: Kestrel) Park P3 - Area 7 Withdrawal From: Mark (Knox <knox@rn�nd.i'iet> Sent: Tuesday, Dece m be r 10, 2024 10:16 AMI To: Aaron Anderson <aair,oirii.ai'ideir��,ori@asliai'id.ou'-.us> Cc: 'Kyle Taylor' <I<Vle@tayor-edel u'i-ieritcorT'i> Subject: Kestrel Park P3 - Area 7 Withdrawal Based on comments received from the neighboring property owners of the proposed Kestrel Park, Phase III( application, the applicants have decided to withdraw Area 7 from the application, including all associated entitlement requests such as the proposed property lines, tree removal and site review proposal. The applicants are still desiring to move forward with the remaining areas, Area 4, S and 6, but will eventually re -apply for entitlements for Area 7 in the future. The general reasoning of the withdrawal is not based upon any criteria or standard based conflict, but simply the applicant's desire to re-evalluate the site plan with the goal of improving the layout and design. 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PARK Ill Page 282 of 377' Page 283 of 377' Page 284 of 377' M� ; v t A N 1� 11 L zor m A" . .. ....... \116 ro Nf Page 285 of 377 lk AREA 5 , r ACMI 0, 4r LQT 41 A#EA uin 6 047 LOT 46 LOT A I LKVID L07 32 A 4 17 KM.R I I zz� AEI Ste pkm 1-1-111�1-- EuLnllW 37 IV' w d2 ;&� 90 Too LO 20,aMz f7(Y00'W,, v"MM F"OGR (Itj ,71Ja W11 b F I Ai�T 21,r, 1,7wgj Iqf MIIDPI-Irlxl (563 7 AF7 EEC, I 5 8 72 "7JOIG 45 Z; T17, e 7�11DARO, al :0MFAI,'7 AJQA6,-UPLfl COJW Wl--� Q7 57 � Q7 UIMITI tip r Page 286 of 377 Page 287 of 377' Page 288 of 377' North Elevation - Facin9l Julian, Ct, East Elevation, I FI South, Elevation Page 289 of 377 Alleys Critical to Streetscape Su�cces,s 65r Kpp ,�:pp , 9,Y "C' I 7j,yyy 6604 10 2 rarWn cs 4v17 I I -Z Z!zn 714i Page 290 of 377 30 05 An M'sm 60 20D, 3 3 ,0 10" a 59, 1C 57 4 AVENUE 22159 AVEM T, 0 I 80 5�0 SEE, R supp, MAP 4800 0 4 Ac 17 T 11 76 M 74 NO. 7 77' LEY ""6 rJ10 0 A,' 0 1 Ac �7 0 05 A,� 6100 7,6400 4:500 0 04 A, DW 14w 0 CO Ac 6210 3 t5 11 4WO, 490,D 04ou LL "d lo I A. 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AQT 70 5 415-44 5' 1010 5 115, 'a, 1. 4, a" sw, #=Wl 9151 1, aw #OA No pavvig Elm 49151, 22, 1 C R' b, 0' pw" cm 4NPM ADT WIWI M 27' @"IV, T"O. s"O' Pam" SOM No" 57,03, 1234' 0110, r r's, sw MRt IUOMOOO CONW, cw.-W�O NiraW Pwkng CMO SAI4 P&AIM P&MMg BOM .'r r-10" so, OMM" DuSp-W safe SET. —1 pwMflq 5M!aNr,MU"�Ir I,- 5's" vorl A.. ......... ......... . . . . ........ IV MA AN..., 9.6low'" marev pw*lvig'Dft� DO# I'M 6711,51, 27' o r w@ P." 9.M A'DT W,97 14, —r L- quwwg W" ?Ir 5181 AMpy NA ad — ------------ - a."- 1 0, pa M NA nA mom 2,41 =46 an bflm nA NA w MM .0" Ooff Page 292 of 377 AILey , I"he alley is a semi-public neighborhood space that provides access, via the rear of the property. The use of alleys efinrinates the need for front yard driveways and provides the oppollunity for a more positive front yard street scape., allmvs the street located a4jacent to the front of properties to be designed using a narrow width with limited on -street parking, and creates the opporhinity for the use of narrower lots to increase residential densities. Alleys are appropriate in all residential areas and in some c-o-n-i-ni-er-c-i-arareas -car T-us-in-e-s-s , =-onta`g-e--A7e-ysprove access and dMI 1171=1 ITMIM-OrIM IMC MUIV17=e rMMIen='- Street Function: provide rear yard access and delivery to individual residential and commercial properties, and an alternative utility placernent area, Connectivity: Connects to all types of streets. Aver ogle Daily Not applicable Traffic: Managed Speed: Not applicable, motor vehicle travel speeds should be below, 10, mph Right -of -Way 16' Width: Street Standards Handbook Auguist 2008 City of Ashland Page 34 Pavement 12'with Tgraveled or planted strips on side Width: Mlotor Vehic I e Not apph(,,able Travel Lanew Bike Lanes: Not applicable, bicyclists, cmi eassly negatiate these low use -,areas Parking: No parknig, within the right of a, ay curb and Gutter: No curb, use inverse crown Parkrow: Not applicable' Sidewalks: Not applicable, pedestnans can eamly negotiate these, lo;w use areas M fi Vight"'14 WAY C 3. Allleys. One of thne rnost innlportarnt features making up the neighborhood is the alie . Alleys allow parking to be located at the propert s rear and diminish the negatuwe impact ofgairages proliferating aloing street frontages„ reduces pedestrian and vehicle conifficts at curb -cuts, and reduces irunperwiious Ihard surface, In addition, hor nesv instead of garages, fflll the street f`ron�tages, pro0dltng rma iMUM: opportunity for social 'interaction. The allleyP cross section is a 20-foot wide right-of-way way+ WNiich, contains a 12-foot wide irnprowedl alley and four-folot planted or grovelled strips or shoulders. See Ngure tlf, 5 '100 C,3. See also, setback requirements for garages and accessory structure in section 18.3 S.016C) and section, 18. 5,1 D r AA. stru,Cture fence ia I (no setback) setbaA clearance travO clearance ( lane 'V , . ALLEN - rya PO 00 �r Figure 18..5.100.C. . Alley Page 294 of 377' Page 295 of 377' 296 of 377' Page 297 of 377' Page 298 of 377' ................... .......... ------------------------------- . . . ..... . .. ........ .. . .. ........ .. ........ . LC S2 LAY1 4 !I! LO t AREA 5 ME, I UVIITCOIL1147 6 746 "" IN LfJ7 3,7' AREA 4 f KESTREL PARK M soe RGIF .... . ........ AREA 6 kcn Q,4 7 HARDSWT 1, 2 NO a I (70 rfj%�f GRi'.`,UND FL,D,F 'TISCAD 60 At F � AF7 Z� C) ' MCWY 7 ff - 901110m, 3 1 F � F7, -AL P RADTRV p 7 AREA b , IJ r 6,' l;.a 1, a' YN R, je.)C 5 F 417 11 P, ID r A I mi ' I ,AREA 7 fir" 'PIE 0,4s ARAW104POS (11W,7 RDIC(TMW�� i.L07 ,CF. DOM EC 117R3 F f 67%4 Mtp'txOm (4a8,2 Akr( )f �'E400tl I RED wzfR ^w s F 1 1'h 4, 7 IDIND 6 6 �ITx pa) T �PPACYOAP A/,O,15LHSLE All LIM- "U'll irm r ,2 Page 299 of 377 WON MM WEW REARMEW �/\��\«��, _ _ *6 : doiight + mom, PAMNMEVIFIN NANDINA 5TUF WFW Page 0 of 377 Page 301 of 377' III JANUARY 14,2025 IN THE MATI'ER O,F'PLANNING, ACTION -#.PA-T2-2024-00054 A RFIQUEIST FOR OUTLINE, PLAN APPROVAI., FOR A PERFORMANCE STANDARDS OPTION (PSO) SUBDIVISION, AND A REQUESTFOR RESfDENTIAI,, SITE DESIGN REVIEW APPROVAL.T14E APP11CA1"ION ALSO INCLUDES A REQUEST FOR A VARIANCE TO DRIVEWAY WIDTH AND ATREE REMOVAL PERMIT, OWNER: APPLICANT: RECITALS: CMK DEVELOPMEN'r LLC TAYI.ORED ELEMEN]"S FINDINGS, CONCLUSIONS, AND ORDERS. I ) The sub�jcct property is tax lot 48600 of Assessor's Map 39-1 E-04-AD (it does not presently have astreet address). The property was created as lot-31 of Kestrel Park Phase 11 and was reserved for this final phase of the Kestrel Park Subdivision, a. The application also includes three tax lots owned by the City of Ashland; tax lot 4700 a 0.05 acre strip of land along the north of the subject property, as well as tax lots 7800 49100 which are both 'street plugs' to be vacated. b. The main property is 2.27 acres in size and slopes from east to west at approximately 15% slope, 2) The property is zoned "North Mountain -Multi Family" (NM-MF) and is regulated by the North Mountain Neighborhood Plan (NMNP) which is codified at Ashland Municipal Code (AMC) 18.3.5. This chapter applies to properties, within the North Mountain Neighborhood Plan area adopted by Ordinance 2800 in April 19197. 3) The North Mountain Neighborhood :District regulations require that all applications involving the creation of three or more lots shall be processed under chapter 183.9 Performance Standards Option (PSO) Overlay (AMC 18.3.5,040K). 4) On November 4, 2024 the application was Submitted and described as follows: I a. I , lie proposed PSO subdivision includes, a total of 15-lots for residential development, ten of the lots are proposed for single-family residential (SFR) development, and five lots for multifamily housing. The subdivision will connect both Nandina Street and Patton tane / Mountain Meadows Drive to create four blocks that have been identified previously as areas 4, 5, 6, and 7. The application includes a request for Site Design Review approval for four multifamily buildings with a total of 28-units of multi -family housing. Combined, this is a development PA-T2-2024-00054 January 14, 2025 Page I Page 302 of 377 density of thirty-eight dwellings for the purposes of determining allowed density. 5) On December 9, the day before the Planning Commission hearing, the applicant informed staff that they were removing 'area 7' and its proposed development from the application, and instead would plat the area as a single lot reserved for future development, a, On December 10, 2024 the applicant informed staff in writing that "Bayed on comments receivedom the neighboring,'property owners qfthe proposed Kestrel Park, Phase III application, the applicants have decided to withdraw area 7ftom the application, including all associated entitlement requests such as the proposedproper(y lines, tree removal and site review proposal. The applicants are still proposing Io movej6rward with the remaining areas, area 4, 5 and 6, but will eventually re-aj)plyfor entitlementsfior area 7 in the feature." 6) The request, after the removal, of area 7, is for outline plan approval for a 13 -tot PSO subdivision and Site Design .review approval. a. Proposed is a total of twelve -lots for residential development, eight of the lots are proposed for single-family residential (SFR) development (which may or may not eventually develop with ARU's).'Flie Site Design Review includes four lots with. a total of 16-units ofmulti-family housing (area 6), as well as three buildings of attached single family (areas 4 and 5). The thirteenth lot will be reserved for the future development of area 7. b. Combined, this is a development density of twenty-two dwellings for the purposes of determining allowed density. , (In accordance with 1-113200 1 and the adopted duplex standards at AMC 18.2.3,110 each of the SFR lots can be developed with two dwellings) c. The application also includes arequest for a variance to driveway width. 7) The applicant's proposal is detailed in plans which are on file at the Department of Community Development and by their reference are incorporated herein as if set out in full. 8) The criteria of approval for Outline Plan are described in AMC 18.3.9.040.A.3 as follows: A. the development meets all applicable ordinance requirements of the city. B. adequate Ikey city facilities can be provided including water, sewer, paved access to, and through the development, etectricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a city facility to operate beyond capacity. C. the existing and natural features of the land; such as wetlands,, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the common open space, common areas, and unbuildable areas. D. the development of the land will not prevent adjacent land from being developed for the uses shown in the comprehensive plan. E there are adequate provisions for the maintenance of common open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. F the proposed density meets the base and bonus density standards established under this chapter. IIIA-12-2024-00054 January 14, 2025 Page 2 Page 303 of 377 G, the development complies with the street standards. H. the proposed development meets the common open space standards established under section 18.4,4.070. Common open space requirements may be satisfied by public open space in accordance with section 18.4.4.070 if approved by the city of Ashland. 9) The Supplemental approval criteria of the NMNP are described in AMC .18.3.5.030.0 as follows: C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of this ordinance, applications within the NM district shall also meet all of the following criteria, 1. The application demonstrates conformity to the general design requirements of the North Mountain Neighborhood Plan, including density, transportation, building design, and building orientation. 2. The application complies with the specific design requirements as provided in the North Mountain, Neighborhood Design Standards. I O)The criteria for approval. for Site Design Review are described in AMC 18. 5.2.050 as follows: An application, for Site Design IReview shalll be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority may, in, approving the application, impose conditions of approval, consistent with the applicable criteria. A. Underlying Zone, The proposal complies with all of the applicable provisions of the underlying zone (part 18,2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18,3). Im. mini= I - IN sanr-] Lai N I I r-1 I I W I I ilk E WIA&I p! I I Itow I a If m I Lq mai 0 11111M - !k Di. City Facilities, The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property, E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of Ipart 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; andl approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design, and the exception requested is the minimum which would alleviate the difficulty; 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards; or 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equallly or better achieves the stated purpose of section 18.2,3.090. PA-T2-2024-00054 January 14, 2025 Page 3 Page 304 of 377 11) The criteria of approval for a Variance are described in AMC 18.5.5.030 asfollows: A. The approval authority through a Type I or Type III procedure, as applicable, may approve a variance upon findingi 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 approvingi 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 dMsion approval previously granted to the applicant. 12) The criteria of approval for removal of aTree that is Not a fla7ard are described in AMC 18.5.7.040.B.2 as follows 2, Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazardshafl be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform thirough the imposition of conditions, a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part [18.,and' Physical and Environmental Constraints in part 18.3.10, b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, andl species diversity within 200 feet of the subject property. The City shall grant an, exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to Ibe reduced below the, permitted density allowed by the zone, In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that wound lessens the impact on trees, so longs as the alternatives continue to comply with the other provisions of this ordinance, e. The City shall require the applicant to imitigate for the removal of each tree granted approval pursuant to section Such mitigation requirements shall Ibe a condition of approval of the permit, 13) 11ie Planning Commission, following proper public notice, held a public hearing on December 10, 2024, a. At the beginning of the hearing, it was announced that 'Area 7' was, no longer part of the proposal and that the Planning Commission would only be considering the public improvements and Site Design Review for Areas 4, 5 and 6. 14) Testimony was received, and exhibits were presented. The Planning Commission deliberated PA-T2-2024-00054 January 14, 2025 . Page 4 Page 305 of 377 and approved the application subject to conditions of approval. Now, therefore, the Planning Commission of the City of Ashland finds,, concludes, and recommends as follows: SECTION 1. EXHIBITS For the Purposes of reference to these Findings, the attached index of exhibits, data, and. testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "I" Opponent's FAbibits, lettered with an "0" 11caring Minutes, Notices, and Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS OF FACT 2.1 The Planning Commission notes that chapter 18 of the Ashland Municipal Code (AMC) is the City's Land Use Ordinance (LUO). The LUO regulates the development pattern cflvisioncd by the Comprehensive Plan and encourages efficient use of land resources among other goals. The Planning Commission notes that when considering the decision to approve or deny an application the Planning Commission considers the application materials against the relevant approval criteria in the LLJO. 2.1.2 The Planning Commission finds, that it has received all inforination accessary to render a decision based on the application itself, the December 10"' Staff Report, the applicant's testiniony, the exhibits received, and public testimony received both written and at the public hearing. 2,2 The Planning Commission notes, that the application was deemed complete and that the notice for the public hearing was both posted at the frontage of the subject property and mailed to afl property owners within 200-feet of the sub,ject property on, November 19, 2024 (21 days prior to the December 10"' Meeting). 2.3 The Planning Commission notes that the property is in the NMNP and as provided at AMC 18.3.5.040. K, "All applicalions involving, the creation (�fthree or more lots shall beer ocessed under chapter 183.9 PerfbrinanceRandards Option Over 2.4 The Planning Commission (Inds that the proposal for Outline Plan of a Performance Standard Option (PSO) subdivision meets all applicable criteria for described in AMC 18.3.9.040.A.3 and detailed below. 2.4.1 The first approval criterion for Outline Plan approval is that "The development meets all applicable ordinance requiretnents ql'the City. " The Planning Commission notes that this is an all -encompassing criterion and that it has considered which City Ordinances are PA-T2-2024-0�0054 JanUary 14, 2025 Page 5 Page 306 of 377 applicable. The Planning Commission notes that for the purposes of resolving this criterion we rely on the entirety of the record including the applicant's submittal, and the Staff Report dated December I oth. The Planning Commission notes that with the findings that are set out below, the approval of the exception to street standards discussed below, and the adopted conditions of approval that the proposal will meet all applicable ordinance requirements and finds that this criterion of approval is satisfied, 142 The second approval criterion for Outline Plan approval is that "Adequate key City fiwilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and re protection, and adequate transportation; and that the development will not cause a (7ityfiwility to operate beyond capacity." The Planning Commission notes that this is the final phase of the Kestrel Park Subdivision and all infrastructure installed in the previous phases were sized based on the total planned density. The Planning Commission notes that at the intersection of S,toneridge Ave. and Nandina St. that there is a maintenance hole where an eight -inch sanitary sewer will connect. The Planning Commission notes that at the same intersection there is also a storm drain catch basin that feeds into a twelve -inch main. The storm drain connects into existing retention facilities that were constructed in the first phase of the subdivision. The Planning Commission notes that each road that is proposed to be extended through the SUbdivision has either a six- or eight -inch water main that will all connect, providing a closed loop system. The Planning Commission notes that the application materials assert that adequate key City facilities can be provided to serve the development based on consultations with representatives of the various City departments (ie, water, sewer, streets and electric), and that the proposed development will not cause a City facility to operate beyond capacity. The Planning Commission notes that the StaffReport stated that "Public works has confirmed that there are no concerns regarding the capacity of any of these services." The Planning Commission finds that with the foregoing that this criterion of approval is satisfied. 2.4.3 The third criterion for approval of an Outline Plan is that "The existing and natural ,fia-tures ref the land; such (is ivetlandsfloodplain corridors, ponds, large trees, rock outcroppings, etc., have been identcfied in the plan qfthe development and sign scant features have been included in the openspace, common areas, and unbuildable areas."' The Planning Corrunission notes that the wetlands, floodplain corridors and large trees Were previously addressed in the earlier phases of the subdivision, The Plarming Commission notes that the only natural feature that has been identified is the cherry tree that is requested to be removed and is addressed further below. The Planning Commission notes that there are no other natural features to address and that this approval criteria is satisfied. 2.4.4 The fourth criterion for approval of an Outline Plan is that "The development (?f 'the land will not prevent adjacent land ft p ,om being develo edfear the uses shown in the Comprehensive plan. "'I'lie Planning Commission notes that the surrounding property is fully developed, and that there is no adjacent vacant land, The Planning Commission finds that the proposed subdivision will not prevent the adjacent lands from being developed as envisioned in the Comprehensive Plan and finds that this criterion of approval is satisfied. 2.4.5 The fifth criterion for approval of an Outline Plan is that is that "There are adequate PA-T2-2024-00054 January 14, 2025 Page 6 Page 307 of 377 provisionsfir the maintenance of open space and common areas, ifrequired or provided. and that if developtnenls are done in phases that the early phases have the saine or higher ratio of'amenities asproposed in the entire project. "The Planning Commission notes again that this is the final phase of the Kestrel Park Subdivision and that the HOA goven-ling instruments have obligations for the maintenance of the open space and other com-rnon amenities, The Planning Commission notes that all of the open space for the subdivision were dedicated in the previous phases and concludes that the earlier phases had a higher ratio of amenities than this final phase. The Planning Commission finds that there are adequate provisions f'()r the maintenance of the open space and common areas and finds that this criterion of approval is satisfied. 2.4.6 The sixth criterion 'for approval of an Outline Plan is that is that" The proposed density meets the base and bonus density standards established under this chapter. "I'lie Planning Commission reiterates that this is the third phase of the subdivision and the density considered has been tracked over the previous phases and includes all area of the previous parent parcels including lands dedicated to Rights of'Way. The Planning Commission takes note of the spread sheet that was provided in the staff report and also set out below. This spreadsheet has been updated based on the removal or'Area 7.' . . . .................... NM-R- 1 -7.5 . . .. . NM-MF Acres 4.59 . .. . . . .................. 4,16 Dwelling units Pu,'.r acre ......... 1, 2 Base Densitacres x amuaits cr acre 16.52 49.92 Minimum Density (x O.J.5 — 1. 1 -- . ................ 12.39 18.18 .............. . 37,44 — 54M Phase I 11 Phase 2 (Cottages) 5 ... ... .. - - ------------- to Total Dwellings (Phase 1 1(-.. 6 I 14 Remaining minimum dcnsity.ran e up to 2.18 23.44 - 40.91 Phase 3 -- ----------- - 1-1 22* -Proposed Required minimum range for Area 7 Full dcwl�_ 1.44-18.91 ---- ------------- The Planning Commission notes that the required minimum density for the remaining subdivision is between 24 and 40 units. The Planning Commission further notes that the present proposal is for 22 units of density, and the Planning Commission further notes that 8 of the proposed MFR units are below 500 sq. ft. they are counted as 0.75 units [SFR: 8, MFR 8+(8*0.75)=14, 8 + 1 4=221, The Planning Commission concludes that Area 7 will need to develop with at least two but not more than eighteen units, and a condition of approval to that effect has been included below. The Planning Commission finds that, with the condition of approval included below ensuring that area seven will meet the required minimum density, that this criterion of approval is satisfied. 2.4.7 The seventh, Outline Plan approval criterion is that "7he development complies with, * Eight of the proposed multi family units are less than 500 square feet so for the purposes of density they only count as 0,.75�. [8 SF R + ((8 x 0.75) + 8) MI"R = 22] PA-T2-2024-00054 January 14, 2025 Page 7 Page 308 of 377 the 9reet,5tandards. " The Planning Commission notes that the street network and road cross -sections have: been planned from the earlier phases of the subdivision. The Planning Commission notes, that the application materials include civil drawings and road cross sections for each road and alley meeting the standards provided in the NMNP,Thc Planning Commission concludes that the street standards are met and finds that this criterion of approval is satisfied. 2.4.8 The final criterion for approval of an Outline Plan is that is that "7heproposed development meets the common open space standards established under section 18.4.4,070. Common open space requirements may be satisfied bypublic open space in accordance with section 18.4.4.070 ff'approved bye the City qfAshland "The Performance Standards Option Chapter requires that at least eight percent of the total lot area be provided in common open space for developments with a base density often units or greater. The Planning Commission notes that the firsts two phases dedicated nearly 50% of the total project land area to dedicated open space including the floodplain and wetland areas as well as additional open space provided in phase 2 of the prc��ect. The Planning Commission conclude that with the previous phases of the subdivision considered and the aniple antount of land dedicated that this criterion of approval has been found to be satisfied. 2.4,9 The Planning Commission concludes based on the above and finds that all applicable approval criteria for Outline Plan subdivision approval have been satisfied. 2.5 The Planning Commission finds that the proposal for developryient in the N'MNP meets, all of the supplemental applicable, criteria described in AMC 18.3.5.030.0 and detailed below, There are two supplemental approval criteria for the NMNP. The first is to ensure conformity with the "gencral design requi rein e tits" and second that the proposal meets the "specific design requirements" ofthe NMNP Design Standards, The general design requirements include `dewsity, Iransportation, building design, and building orientation.' The specific design requirements include all of the standards provided in AMC 18.3.5. 100 "Site Development and Design Standards" 2.5.1 The Planning Commission notes that the "general design requirements" include `density, transportation, building design, and building orientation." Included in the discussion of the Outline Plan approval, above, there are findings addressing the required minimum density, and that the road system connecting four road stubs completing the original road design that was approved in conjunction with the first phase of'Kestrel Park, Subdivision. The Planning Commission notes that each of the proposed buildings provides pedestrian connectivity to the proposed facilities and satisfies the building orientation. The Planning Commission concludes that with the foregoing discussion that the Planning Commission finds that this approval criterion is met. 152 The Planning Commission notes that the "specific design requirements" include all of the standards, provided in AMC" 18.3.5. 100 "Site Development and Design Standards." The Planning Commission notes that the Site Development and Design Standards includes four primary sections: A.) Housing, B.) Neighborhood Central, C.) Street Types and Design, and D.) Open Space and Neighborhood Focal Point. There are no applicable portions of sections B or D and they are not discussed further. PA-T2-2024-00054 January 14, 2025 Page 8 Page 309 of 377 AMC 18.3.5.100 A "Housing" The Planning Commission notes that first the first standard is 'Architectural Design.' This standard provides a list of architectural features and requires that at least two listed features from the section be included in each home design. The Planning Commission notes that the application materials include extensive drawings of the proposed buildings with each having eaves, covered porch entries, gables and in some cases dormers. The Planning Commission concludes that each proposed building design includes at least two of the required features satisfying the 'Architectural I)esign.' Requirements. The Planning Commission notes that the building orientation standards require that "Dmellings shall be designed with aprimary eleiwtion oriented toWardV a street." The Planning Commission notes that the site plan clearly shows that each proposed building has its primary orientation to the street and finds that the orientation standard is inet. The Planning Commission notes that the requirement for garages requires that "Where no alleys are I)resent, gara�!,es shall be located a ininitnuin (,?/'] 5ftel behind the 17ritnaryfit(wde anda ininimuni (#`20.1Let.fi-om the sideivalk"The Planning COMMiSSiOn, in evaluating the main site plan, note that the garages are properly setback and that this standard is met. The Planning Commission notes that the standards require that "Grading./br nell, hornets and accessoty structures shall be minimized and b itilding designs shall resl7ond to the natural grade," The Planning Commission again notes the comprehensive design package for each of the three areas and notes that care has been given in having each of these homes have: a daylight basement and are responsive to the existing grade, and that this standard has been mcL The Planning Commission notes that the design standards specify that porches sl.iall be incorporated into buildings and be a minimum of six -.feet by eight -feet in size. I'lie Planning Commission notes that the detailed site plan of each area includes details on the porch size and in every case meet or exceed this requirement, and that this standard has been met. The Planning Commission notes that the design standards include that driveways for single family homes be limited to nine -feet in width, and that shared driveways be no more than twelve -feet. The Planning Commission notes that the application includes a variance to this standard which is discussed below. The Planning Commission further notes that the Public Works departinent has a standard that requires that the minimum driveway width be twelve feet, and that the application proposes twelve -foot driveways for the single-family homes and combined 18'-wide for the shared driveways. The Planning Commission concludes that if the variance is approved below then this standard will be satisfied. PA-U-2024-00054 January 14, 2025 Page 9 Page 310 of 377 AMC 18.3.5.1,0l O 1) "Street Types and Design." The Planning Commission notes that this section provides many types of streets for the NMNP area with the primary type being a "neighborhood access street" which is composed of "a 48- .1bol right-ql-way, which providesJbr a 15-jbol travel sulface, seven- fibol parking, bays, and eight-.f-foot sackewalky on (.)ot planting strips andfive each side." Thee project also includes alleys which are "a 2(1- ,foot wide riA,,,h -o t J-Tva,y which cowains a, 12- fibot wide, improved alley and ur- fio fibot planted or graveled strips or. shoulders." The Planning Commission once again notes that this is the third phase of the Kestrel Subdivision, and the extension of the street system approved at thattime. The Planning Commission further notes that the application materials containing detailed civil plans showing that the proposed cross sections meet these design standards and conclude that this standard has been met. 2.5.3 The Planning Commission concludes based on the above and finds that all design standards tire met and that therefore this approval criterion, has been met. 2.6 The Planning Commission finds that the proposal for a variance meets all of the applicable criteria described in AMC 18.5.5.050 and as detail W below, 2.6.1 The Planning Commission notes that the approval criteria for a variance include that 1) variance is necessary special or unique circumstances, 2)The variance is the minimum necessary, 3)The proposal's benefits will be greater than any negative impacts, and 4) that the need for the variance is not self-imposed. 2,6.2 The Planning Commission notes that the NMNP master plan was adopted in 1997, and that in the decades since cars have gotten larger. The Planning Commission also notes that there is no, evidence that nine -foot driveways, have ever been constructed in the NMNP area. The Planning Commission notes that the Public Works department will not authorize a driveway as narrow as the code requires, making a unique circumstance. The Planning Commission notes that the proposal for 12" and .18' shared driveways is the minimum necessary in both cases, because Public Works will not allow anything less than 12', and that the application materials demonstrate that 12' is two narrow 'for a, shared drive. The Planning Commission further notes that based on a single driveway requirement for a nine foot it is perfectly reasonable that a shared driveway for two shared wall garages be allowed to be twice drat. The Planning Commission notes that based on the topography and lot sizes it is unreasonable to expect a 12' wide shared drive, to functionally serve two 2-car garages. The Plaruiing Commission ftirther notes that the benefit of the variance allows for long stretches of uninterrupted streetscape that would not otherwise be possible. finally, The Planning Commission notes that the inability to build the required driveway width based on City of Ashland policy demonstrates that the need for the variance is not self' -created. The Planning Commission concludes that based on the above that each of the approval criteria for a variance is satisfied and that the variance should be approved. 2.7 The Planning Comrnission finds that the proposal for Site Design Review approval meets all applicable criteria for described in. AMC 18.5.2.050 as detailed below: IIA-1'2-2024-00054 January 14, 2025 11age 10 Page 311 of 377 2.7.1 The Planning Commission notes that the first criterion of approval for Site Design Review is that "The Proposal complies with all ql'the applicable provisions of'the underlying zone (part 1 & 2), including, but not limited to: building and yard setbacksr, lot area, and dimensions, density and lour area, lot coverage, building height, building orientation, architecture, and other applicable slandards. "The Plamiing Commission notes that the property is in the NMNP and is required to be processed in accordance with the Performance standards of AMC 18.3.9. The Planning Commission further notes that the PSO applicability provides "that developments subject to 'the PSOI chapter tire not required to meet the minimum lotsize, lot vvidth, lot depth, and setback standards ofpart 18,2. " Tile Planning Commission concludes that based on the PSO standards this approval criteria is met, 2.72 The Planning Conimissionnotes that the second criterion of approval for Site Design Review is that "The proposal complies with applicable overlay zone requirements (part 18.3)." As mentioned above in 2.5.2, the Planning Commission again notes that the only overlay is, the city-wide wildfire overlay and that all proposed construction will meet the adopted wildfire standards, The Planning Commission finds that this criterion of approval is met. 2.7.3 The Planning Comrnission notes that the third criterion of approval for Site Design Review is that "The proposal complies with the applicable Site Development and Design ,S'tandards, qf'part.] 8.4, except (is provided below. " The Planning Commission notes that the application includes detailed responses to each of the Site Development and Design Standards, Tile Planning Commission notes that the building orientation, garage standards, proposed building materials, preliminary landscape plan and open space standards are all met. The Planning Commission notes that a final landscaping plan with irrigation details will be required and a condition of approval to that effect has been included below. The Planning Commission finds that with the foregoing that this criterion of approval is met, 2,7.4 The Planning Commission notes that the fourth criterion of approval for Site Design Re view.is that "The proposal complies with the applicable standards in section 1& 4.6 Public Facilities, and that adequate capacity oj'CityftIcilities,fbr water, sewer, electricity, urban slorin drainage, paved access to and throughout the property, and adequate tran,sportation can and will be provided to the subject, property " The Planning Commission reiterates that this is the third phase of the Subdivision and that all city facilities were sized I*or the expected density during the first phase. The Planning Commission further notes that all city utilities are available and installed in the adjacent rights -of -ways. The Planning Commission notes that Staff have communicated with the Public Works Department and that there are no known capacity issues to any of the utilities. The Planning Commission notes that the application includes details on the electrical plan and that the storm drain will be designed for Low Impact in accordance with the RVSS stonnwater quality design manual. 'I'lle Planning Commission finds that this criterion of approval has been met. 2.7.5 The Planning Commission notes that the last criterion of approval for Site Design Review is, that "7he approval authority may approve exceptions to the Site Development PA-1'2-2024-00054 January 14, 2025 Page I I Page 312 of 377 and Design Standards oj'part 18.4 Y'Ihe circumstances in either subsections below, are found to exist..." The Planning Commission notes that there are no requested exceptions to the above standards and finds that this criterion of approval has been met. 2.7.6 The Planning Commission concludes based on the above and finds that all applicable approval criteria for Site Design Review approval. have been satisfied, 2,8 The approval criteria for "Tree that is not aliazard" first require that "The tree is, proposedjbr reinoval in order to pertnit the al3plication to be consistent with other aj)plicable Land Uye Ordinance requirements and standards."' The Planning Commission notes that the only tree proposed for removal is within a building envelope of a proposed building in area 7. 1"'he Planning Commission notes that without considering the proposed development it is irnpossible to address the relevant findings for a non hazard tree removal. The Planning Commission concludes that the tree removal in area seven must be denied at this time, 19 The Planning Commission notes that following proper public notice, a public hearing was held on December I O, 2024 where testimony was received, and exhibits were presented. 2.9. 1 The Planning Commission deliberated, and a motion was made approving the Outline Plan as well as Residential Site Design Review. The application was approved subject to the conditions of approval in the Staff Report along with added conditions of approval presented by staff regarding the removal of consideration of area 7.The amendments were read into the record and are set out below as conditions of approval #3 and #4. 2.10 The Planning Commission notes that the record includes the applicant's subt-nittal, the Staff Report dated December 10, as, well as the testimony received at the public hearing, each of these by their reference are incorporated herein as if set out in full. 2.10.1 The Planning Commission finds that there is substantial evidence in the record to make findings that each of the criteria of approval for Outline Plan and Residential Site Design Review have been met. SECTION 3. DECISION 3.1 Based on the record of the Public Hearings on this matter, the Planning Commission concludes that the request for a 13-lot unit Performance Standards Option (PSO) subdivision CILItline, as well as residential site design review for areas 4, 5, and 6 is supported by evidence contained within the whole record and is approved including the conditions of approval below. The conditions of approval are below: I - That all proposals of'the applicant shall be conditions of approval unless otherwise specifically modified herein. PA-72-2024-00054 hintiary 14, 2025 Page 12 Page 313 of 377 2- That the applicant apply for final plan approval pursuant to AMC 18.3.9.040.11 within 18 months of this outline plan approval prior to any development or construction. 3- The conceptual plans for area #7 are not approved here and have been provided for illustrative purposes only. Development of areas 7' shall require Site Design Review approval. The ultimate development of areas 47 shall comply with the minimum density standards of the NMNP. 4- That a]] proposed public improvements including sidewalk, curb, gutter, park row landscaping/irrigation and alley be installed, including surrounding area 7, prior to the recording of final plat. 5- That permits shall be obtained from the Ashland Public Works Department prior to any additional work in the public right of way. 6- That a final Fire Prevention arid Control Plan addressing the General Fuel Modification Area requirements in AMC 183.1 O. I O0. A.2 of the AshlandLand Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant :List per Resolution 2018-028. 7- That a final survey plat shall be submitted within 12 months of Final Plan approval and approved by the City of'Ashland. Prior to submittal of the final subdivision survey plat for signature: a, AU easements including but not limited to public and private utilities, drainage, irrigation, mutual access, conservation area easements, and fire apparatus access shall be indicated on the final subdivision plat subs-ni ttal for review by the I-Ilanning, Engineering, Building and Fire Departments. b. Subdivision infrastructure improvements including but not limited to utilities, driveways, streets, and conservation area easements, shall be completed according to approved plans, inspected, and approved. c. Electric services shall be installed underground to serve all lots, inspected, and approved. 1"he final electric service plan shall be reviewed and approved by the I Ashland Electric, Building, Planning and fmgineering Divisions prior to installation, d. That the sanitary sewer laterals and water services including connection with ineters, at the street shall be installed to serve all lots within the applicable phase, inspected and approved. 8- That the building permit submittals shall include the following: a. Identification of all easements,, including but not limited to any public and private utility casements, mutual access easements, conservation area easements, and fire apparatus access casements. PA-T2-2024-00054 January 14, 2025 Page 13 Page 314 of 377 K Solar setback calculations demonstrating that all units comply with the performance Solar Setback Standard as approved in the OLItline'and final plans. c. Final lot coverage calculations dernonstrating how lot coverage complies with the lot coverage approved in the outline and final plans. & That storm water from all new impervious surfaces and runoff associated with peak rainfalls Must be collected on site and channeled to the City storm water collection system through the curb or gutter at a public street, a public stormmm pipe, an approved public drainage way, or through an approved alternative in accordance with Ashland Building, Division policy BD-PP-0029. On -site collection systems shall, be detailed on the building permit submittals. Planning Conin-iission Approval Date 1''A-T2-2024-00054 January 14, 2025 Page 14 Page 315 of 377 Notice of Land Use Appeal —'Type I shland Municipal bode § 18.5.1.05O.G. A. IName(s,) of Person Filling Appeal: B. Address(es): . . .......... L3 Attach additional pages of names nid addresses if'other 'persons are joirilng the ppeal. C. Decision IBeing Appealed Date of Decision'. P1 nlnfing A tion Title of planning action: D. How IPeirson(s) (Filing Appeal Qualifies as a Party For each pe son listed above in Box A, check the appropriate box below.) The person named in 0 1 am the applicant. Box,A.1. above Pfi received notice of the planning action. qualifies as a party 01 was entitled to receive notice of the action' but did not receive because: notice due to error. The person named In 01 am the applicant. Box A.2. above pf I received notice of the Iplalnlnling action. qualifies as a party DI was, entitled to, receive notice of the action but did not receive because: notice due to error. I Attach additional pages if others have joined in the appeal and describe how each qualifies as -a party. E. Specific Grounds for Appeal 1. The first specific ground for which the decision should be reversed or miodified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that (attach additional pages If necessary): 2. The second specific ground for which the decision should be reversed or modified is (attach additional (pages if necessary): 'S Oe 3'1e-e ( This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in, § requires that (attach additional pages if necessary): 3. The third specific ground for which the decision should be reversed or modified is (attach) additional pages if necessary): 0 This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that (attach additional pages if necessary): CL Page 316 of 377 3. The third specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): ...�"�' .. This is any error because the applicable criteria or procedure in the Ashland Municiplal Code or other lave in § requires that attach additional pages if necessary): 4. (tin attached pages„ lust other grounds,, in a manner similar to the above, that exist. For each ground Mist the applicable criteria or procedures in the Ashland IMunicipal trade or other lair that were violated. Appeal Fee With this notice of appeal II(wl submit the sa.urn of $325,010 which is the appeal fee required by 18. a.1.g50.11 of the Ashland Municipal Code.. Cate: Sliginature(s), of personi(s) filling appeal) (attach additional pages if necessary),: Note: This completed Notice of Land Use .appeal together with the appeal fee must be hated with the City Administrator, City Hall, 20 East Main, ,street, Ashland, OR 97520,, telephone 541-488-6002, ,prior to the effective date of the decision sought to be reviewed. Effective dates of decisions are set forth in Ashland Municipal al Code Section 18.5. 1.060. G:` (,,(>iiiim-c3(-v\_lanning\Fc)nrms & Handouts\Appcal Form to Counci UpdaLed 1. 2017 . docx Page 317 of 377' Final Plan with Outline $3,5 1,6.00 + $176.00 per lot Commercial Site Review l $2).75&25 + 0,5% (.0Q5).!qfYa11Jc* ny.., lLerT 3e, If Review $2,75625 . . .......... ... . . ....... . .......... . Ind�cnderi"t".Review of Wireless Corninunication Facilities' 15,0010.00 - I yp!� III Reviews Kn $3,515.75 -Corn 3relicilsive Plan Change $3,515.75 Annexation $5 288'75 ........ ... ..... ....... ... .... . .. Urhan Growth Boundary A[11e11 ! prit $5,288.7 Any otherType III Review $3.515.75 �edslafive Amendments Comprehensive Plan Pwlail-1 Lar e Zonin, Aniende inut $6 g"M p 172.00 Land Use Ordinance Arneadnictit $6,17100 �C_qpjlrehcnsivc Man Arneridnient $6,172.00 C4 Sponsored Legislation (City Council Directive) $0 Appeal for initial Public Hearing (Building Appeals, Boardl $150 Demolition Review Boa) ... ......... Appeal for Final Decision of City (Planning Commissioil or Cite) $325 Solar Access Solar Access Periiiit (not a Solar Variance)____ + $14.25 per lot affected $6150 coinin Fee Coninirtnity Development Fee 1.2% of value of new construction This fee is charged concurrently with Building Permit Fees at the time of building (.0112) permit application for all projects for which the City issucs building permits. Fee shall not cxmcd $30,000 per building permit for the Ashland School District. � inieerffig.Developllnent Fee Engineering Development Fee 10,75% ofvaluc of new construction This fee is charged concurrently with fluilditig Permit Fees at the thile of building (0075) permit application for all projects for ^which the Cily issues building permits. Applies to all new residential dwelUng units and commercial devc1opments.Reniodels, additions and accessory buildirims are not assessed this fee. Othel. l!yiarijuantna/Henralari'silocybiii Land Use Compatibility Statement $234.75 Zoning Verification Letter $51,75 'Project value includes the estimated valuation or all structures (per State of Oregon Building, Code),, as well as all rclated project site improvernents, such as grading, paving, landscaping, bioswales, etc, 'The initial deposit required with ail applicalion for a now wireless communication facility that is not collocated is SS,000and. shall bie use(] by the, City for the costs orrxpert review or the application, Wanythne during the planning application process the account Wance is less than $ 1 000, [lie Applicant shall upon notification by [lie city replenish the account so the Wance is at Icust $5,00O.Thic Illaximuni total consultant fees to be charged to the Applicant ,hall be $115,000 and any unused portion of Fee will be refunded. 'A middle housing land division appeal must be filed within 14 days of trinuing of the notice orthe dccision and be accompanied by a $300.00 �deposit towards the cost of all appeal hearing before arcferec, This deposit shall be refunded if the applicant inatedally improves dicirposition front the Staff Advisor's decision. The appeal referee shall access the cost of the appeal in excess of the initial deposit for costs, up to a niaximuni of$500.00, agailist ail appellant who does not materially inaprove their position from the decision of the Staff Advisor, Page 318 of 377 January 30, 2025 Ashland City Council Community development Dept. 51 Winburn Way Ashland, Or. 97520 NOTICE OF APPEAL Kestrel Park Phase Dill development We are residents of North IMountain and Julian ,Square townhoimes whose homes are within a 200 feet radius of the proposed development of the phase III of the Kestrel Park subdivision in the Mountain Meadows community. We believe the proposed development does not meet the building codes and standards of the city of Ashland and the North Mountain Neighborhood building codes and standards, and request a delay and reconsideration of the following concerns: These concerns were submitted at the Ashland Planning Commission prior to their meeting) on December 10, 2624, pier an agreement among the signatories at the ends of this letter. However, a decision was made before the meetings by Taylored Elements Construction to withdraw section 7 from the current aplpllication.This agreement was not announced Ibefore the meeting, and attendees were not prepared to present the remaining concerns regarding sections 4, 5, and 6. The following concerns were sent to the council prior to the meeting which we believe require additional consideration and adjustments to the plan in order to, conform to the City of Ashland and the North Mountain Ibuilding codes as follows: We do not believe this design conforms to requirements of AMC 18.3.5.03O.0 relating to the N. Mountain neighborhood plan in regards to density, building design and building orientation. The currently proposed Kestrel Park hillside subdivision will add 43 units to the streets system with the possibility of adding another 10 AIDUs. Mountain Meadows streets will not accommodate the increased traffic low and parking. The streets are narrow„ with cars parked on either side, causing one way traffic which is further impaired by large trucks and service vehicles that need access. 2. We do not agree that AMC 18.3.5.1 OO-C3 is met in this design. In area 6, eight units are proposed with access onto Julian Court alley, which already serves another 16 homes that have driveways and garages on the alley. The code describes an alley as a paved surface serving the rear of a property to diminish use of the maim access as property frontage. The alley adjacent to the two proposed apartment buildings in area 6 is supposed to serve the residents who have driveways either side of of the alley, and is 12 feet wide. It cannot be widened due to property lines and required setbacks and easements. Currently, cars exitiN the alley have to buck up in order to allow cars to enter from Plum Ridge Drive: widening the alley next to the apartment buildings in lots 37 and 36 to 26 feet will create bottleneck, causing a danger to, property owners on the west end of the alley as well as anyone trying to enter or exit from the East„ including fire Page 319 of 377' trucks, service vehicles and ambulance services in addition to a large number of residents, imany of whom would hive next to the alley. . Supplemental criteria described in AMC 18.3.5.030.0 are not met by the design of apartment buildings in area 5. The buildings are very different in size, height, density and building orientation from other buildings in the. neighborhood. The building designs do not comply with the North Mountain (Neighborhood Design Standards, requiring all buildings to face a street, not an alley. The apartments face Julian {Court alley, but require residents to enter and exit through the hear door, into the parking (lot„ with no entrance on the other side of the building.Thiis is a fire danger that is at odds with the )North Mountain Design Standards. Car parking is in front of the buildings, and are sized for compact cars, which i is not adequate for most vehicles used in our area. This is again at odds with the North Mountain standards. 4. The proposed apartment buildings in area 51 do not meet city of Ashland standard AMC 18.8.9.O40, requiring adequate police and fire protection, and adequate transportation. The density of the project is over 2 'Xi times greater than the density of p,hiases I and 11, with larger units sited) lower down the hill, requiring some of the apartments at the top of the hill to, be !less than 300 square feet, and the rest to be (less than 500 square feet. This results in having i a large number of people crammed) into the buildings with the least road access„ causing) a dangerous situation in the event of a fire or earthquake, and causing rescue vehicles to compete with residents trying to exit the premises. Some of these residents are expected to, be elderly and some may be handicapped, needing more services than those at the bottom of the hill)„ in single family dwellings. 5. Transportation is very limited in the N. mountain neighborhoods. in addition, there are no grocery stores or other kinds of services that residents of these very small apartments need to access to meet their daily needs if they do not have automobiles. This is at adds with AMC 18.52050 C. We request that the (Kestrel Park subdivision be redesigned) with a reduced density appropriate for the existing streets as well as feature extensions. We would suplport, building homes at a lower density on the hillside,,, but the current plain is not seen as appropriate for the )Neighborhood Design Standards for the above reasons. The planned multi -family super dense Ibuildout of small) units is not compatible with the character of the rest of the neighborhood. The zoining's multi -family provisions could be met by a project half the size of the proposed project. 6. AMC 18.3.5.100 A We believe the proposed development does not meet the general design requirements for the North Mountain Neighborhood resign Standards. They do not have street frontage as required) lin the above. The two apartment buildings abutting Julian Court Alley have only one door for entrance and exit. This is a fire danger. The Parking area 'blocks over 59% of the front of the building, which is not in compliance with the above standards. Access to these buildings is limited by the fact that they are not situated on a road, but rather are on an alley that does not have two way access to the nearest street, hampering services including fire and emergency services. 7. The proposed apartment buildings do not meet common and private open space requirements in 18.4.4.070. The plan would cover 68'% of the lots with pavement or structures. This would increase runoff down the steep hill onto the residences below. The building design and parking areas, combined with new roads, would increase the already Page 320 of 377' high temperatures in the summers, and the crowding of a large number of residences into a too small area wound reduce air flow causing loss of air circulation and raising already high temperatures for all residences in the area. The apartment buildings would be the tallest structures in the area, and their design is not compatible with other residences nearby. They W11 interfere with, the views of residents our Plum Ridge drive, who purchased their homes with assurances that the lasts below were zoned for single family homes. They also will interfere with the views of residents across Julian Court allley, who had the same assurances when purchasing their homes. 8. Fire Safety: In today's world, this density is a serious safety issue. The very worrisome annual fire danger is an issue we cannot avoid. high density coupled with narrowed streets is a recipe for catastrophe. The proposed streets in Kestrel Park and surrounding N. Mountain Neighborhood do not have the capacity to evacuate residents in a timely fashion. We believe the evacuation study done recently by the city indicates it would take 4.5 hours to evacuate the city in case of fire. The North Mountain roads would become congested within 15 minutes. We have all seen recent Tres where all homes in a neighborhood were burned in a very short time, including in our own area. The Alameda Fire started not .half a mile from this neighborhood, and we have seem the destruction first hand. A similar occurrence here would be devastating to not only residents of this community, but the entire city of Ashland - We believe the city needs to take another hook at fire safety in this area before granting permission to build on this small (property at the proposed idensity. There is other open space and more buiildable land in and near Ashland that would not cause these serious impacts on the community. (Please do not put our community in jeopardy by proceeding with this project as presented. Vida Tayllor, 913 Mum (Ridge Dr. Daniel ®eRoux, 909 Plum (Ridge Dr. David Runkel. 893 Plum Ridge Dr. Ronald K. Vandervort, 583 Nandina St Carol Vandeirvort. 583 Nandina at. Jeffrey Thompson, 863 Plum Ridge Dr. Maggie Thompson, 863 Plum Ridge Dr. Mark Abelle, 902 Patton Lane Nancy Crowley, 902 Patton Larne Page 321 of 377' Page 322 of 377 Test'Irnonv on (Kestrel Park IPhsse III Site Development The first two phases of the Kestrel Park development built in conformance with (North Mountain Neighborhood district zoning have added greatly to our community. They've taken advantage of the relatively flat land along Fear Creek and Kestrel Parkway and have given the new residents generous yards and green common space. That has left to the proposed 'Phase III of the Kestrel Park development the remaining steep and barren hillside portion and the constraint of building very high - density housing to meet the City's desired overall density for the whole Kestrel development. Taylored Elements Construction has taken on this remaining Phase III, proposing a design with high density so that the entire Kestrel Park meets density regulations. The proposed Kestrel Phase (III design follows the pattern of Kestrel Phrases I and Il in siting larger units, some as large as 1,700 sg.ft., lower on the hill (Areas 4, 5, and the (lower part of Area 7)). To meet density requirements this forces units at the top of the hill (Areas 5 and 7) to be as small as 400 sq.ft. Particularly constrained is Lot 36 which has 12 studio rental apartments (6 over +6) in a 10,026 sq.ft. footprint. As measured by average area (per housing unit, the density of Lots 38 through 38 at the top of the development is 2-1/2 times greater than the rest of the Kestrel Ill homes. Access for 12 studio apartment units through Mariposa Court alley Mariposa Court is an Alley that was constructed during the Ibuilding of the Plum Midge Subdivision of (Mountain Meadows in 2001. In compliance with Ashland Municipal Code, North Mountain Neighborhood District (AMC 18.3.5.100.C.3) the designed purpose of the Mariposa Court/alley was to serve as garage and garbage truck access for five Mountain Meadows homes at 853, 843 and 823 Plum Midge Drive and 539 and 549 Mountain Meadows Drive. All other vehicular access to those homes (emergency vehicles, visitors, mail and package deliveries, moving vans, etc.) use their frontages on Plum fridge and Mountain Meadows Drives. 'The paved alley is 12 feet wide as specified in the code. This is only slightly wider than a single (lane so cars must queue and Recology garbage and recycling trucks have a difficult time navigating the alley as it is.. There is room to widen the paved north - south surface on the downhill or west side. The east --west stub connecting the south end to, Plum Midge Drive has residential properties on either side, thus no room for widening. We disa ree with the Finding -of Fact 3. that states the development cornlies with Ashland street standard's. If the planned (building at the top of Area 7 is built and inhabited, a// vehicular access to those 12 apartments would be through Mariposa Court/alley. This is in Page 323 of 377 violation of AMC 18.3.5.1 100.C.3 which describes an Alley as servicing the rear of a property to diminish use of the main access at property frontage. For the new units the alley must serve their personal car parking, visitor parking, emergency vehicle access and parking during, the emergency, garbage and recycling trucks, mail and package delivery, and parking for any ether services to those homes, e.g., utility service or equipment linstallation and repair. AMC 18.3.5.1 00.C.3 specifies the standard) paved width for an Alley as 12 feet with. 4-foot clearances on either side. In the plan there is a 1 fi-foot width reserved for the Alley which is thus 4 feet less than code. The short east -arrest stub off Plum (Ridge 'Drive cannot be widened beyond its 12-foot current width. The North Mountain Neighborhood District cede takes precedence over Ashland Street Standards, but the same problems requiring only secondary access and limits on width exist with respect to that code. There is no possibility of converting Mariposa Court into a Neighborhood Street per AMC 18.3.5.100.+C.2 which requires a 48-foot right-of-way including sidewalks and planter strips. Parking spaces provided for 12 studio, apartment units We contend that the Planning Commission cannot make the findings required b AMC 18.3.9n040 A.3 or AMC 18.5.2.050. The 12-unit apartment building is squeezed into a too small parcel and as such does not comply with the applicable Site Development and Design Standards of AMC 18.4 as follows: (1)AII parking is pull -in spaces all sized for compact cars but it is not reasonable to expect all occupants to have compact cars. Longer vehicles would stick out into the alley. (2)AMC 18.4.2.030 Residential [development Sec. A 1.a. Parking Layout. "However, avoid designs where the parking areas are immediately abutting dwelling units .,.' The design shows parking immediately abutting the gall of the building. (3)The accessible parking space does not meet the criteria for access to the entrance to the building,. Will the unit adjacent to the accessible parking space be reserved for a disabled person? (4)Since the plans do not include a section of the alley with the adjacent buildings shown it's difficult to determine if the minimum dimensions required by AMC 18.4.3.080 are achieved. (5)The designed parking does not meet the landscaping and screening requirements of AMC 18.4.4.035.. Page 324 of 377 (6)The 12-unit apartment building does not comply with the common and private open space requirements in AMC 18.4.4.070. A ro riateness o'f t hie Proposed 12 studio apartment units We contend that the lower units of ild'in fail to meet AMC 18.3.5. 1 010.A.2. The front or primary elevation of these units faces west, away from any street and in fact into the rear of two larger single-family homes 'below them. These units will have access to vehicles only via an external flight of stairs. All goods from furniture to groceries to front door deliveries will have to be curried via those stairs. More importantly, ambulance or ether emergency transport must use those stairs. The 12-studio apartment building at the top of Area 7 would be closely surrounded by homes of a completely different nature. The 12 proposed studios apartments are sized at approximately 500 sq:ft. To the east are three single family homes with greater than 1,500 sq.ft. To the south are two single family homes with greater than 1,500 sq.ft. To the west will be, according to the submitted plan, two single family homes with greater than 1,500 sq.ft. While higher density, smaller homes can be designed to blend in with larger single-family homes, the disparity of design in this case is enormous. �►ccess to area homes throe h the unnamed east -west A1ie We a alin disal ree with the Fin in of IFact 3.r,that states the develo�me�t com lies with Ashland street standards. The 1 2-foot wide one -lane alley off Plum Ridge Drive which would be extended west beyond. Patton Lane would serve as one of two points of access to 16 additional units. The alley does not meet AMC 18.3.5.13O.C.2 standard width provisions in that there is no 4-foot wide clearance space on either side. There is no room for widening or for sidewalks. The alley currently serves as access to three garages with vehicles backing out onto the alley. In addition, it is used by some vehicles coming from an unnamed alley parallel to Plum Ridge Drive. The Julian Court alley was not designed to handle a. large number of vehicles, oversize trash iremoval or delivery trucks, or fire and rescue vehicles. At present, Recology and large delivery trucks cut into Lot 3'8 property to make the turn at the end of the alley. AgprwriaWness of Proposed Homes in Lots 37 and 38 to their Surroundings The propogied units on Lots 37 and 3'3 do not meet the common and rivate o en space requirements in Ali 18.4.4.070. The Iplan would cover two-thirds of Lots 37 and 33 with structures or pavement. This does not, as the petitioners claim, reduce the impact on the natural environment, but rather increases irunoff down the steep, Page 325 of 377 slope. The proposed tour two-story buildings west of the houses on Plum Ridge Drive and south of the alley marked as Julian Court would be the tallest structures on the west end of the entire Kestrel development area. With the exception of one house at Nadina Street and Plum Ridge give in the Mountain Meadows development, other two-story structures are spaced down the slope and don't interfere with existing views of other houses which are primarily owner occupied. The plan wound cover two-thirds of Lots 37 and 38 with structures or pavement. Other considerations Although it is not the Planning Commissions purview to look at specific traffic problems with a proposed development, section D of the AMC 18.5.2.959 Site Design Review Approval Criteria does state in part that adequate paved access to and through the property is to be provided. The new development will add 38 homes to the North Mountain Neighborhood District which now has approximately 449 independent living homes plus 91 assisted living and memory care apartments in Skylark Senior (Living. With the addition of (Kestrel Phase III the population of the Forth Mountain Neighborhood District can be estimated at over 600 people, more than 5 percent of the city of Ashland. vet the North Mountain community has only a single paved access to the city, North Mountain Avenue with its narrow bridge over Bear Creek. A bridge over (Bear Creek at Nevada Street is in the 2012 Ashland Transportation System Plan, but there is no current plan for its construction. Public transport into the community now must retrace its route out of the community. Whether this is a factor or not, the community has no regular public transportation. e contend there is not adequate transportation to the-propeft as the Finding of Fact on AMC 18.5.2.0 i0.D states.. It is also not the purview of the Commission to consider provisions for evacuation of the development should that be needed in an emergency. This provision is not a part of the Ashland Municipal Code, but the recent Almeda fire has brought great attention to the need for providing evacuation routes. The North Mountain community has only two evacuation routes, along. North. Mountain Ave south to the city or north across the II_b overpass out of the city. An emergency onramp to 1-5 south has been built, but there has been no clear information on when and how it can be used. Adding 38 units to an area with over 449 horses adds significantly to our evacuation concerns. Page 326 of 377 Dennis Hoaleman 822 Plum Ridge Drive Dave Runkel 893 Plum Ridge Drive Richard Kinsing,er 591 Nandlilna Street Bobbie Kinsinger 591 Nandilna. Street Lee Bowman 554 Mountain Meadows (Drive Roberta Bowman 554 Mountain Meadows Drive Cathy George 832 Plum Ridge Drive Jeffrey Thompson 863 Plum Ridge Drive ('Maggie Thompson 863 Plum Ridge (Drive Roan 'Vandervort 583 Nand'ilna Street Carol Vandervolrt 583 Nandina Street Bob Pohl 843 Plum Ridge 'Drive Al Sklensky 549 Mountain Meadows Derive Lia Byers 544 Mountain Meadows Drive Stephen Brulmm+er 544 Mountain Meadows Drive Suzanne ('Mitchell 892 Plum (Ridge Drive Paull Winans 802 Plum Ridge Derive Dina Winans 802 Plum Ridge Drive Robert'Tower 812 Plum Ridge Drive Kevin Frostad 793 North Mountain Avenue Tina Frostad 793 North Mountain Avenue Donna Taylor 599 Mountain Meadows Drive Joel Taylor 590 Mountain Meadows Drive Dennis Knauelrt 8+62 'Plum Ridge Drive Francisca Van Lith 852 Plum Ridge Drive Daniel DeRoux 999 Plum Ridge Drive JoAnn Grady 9919 Plum Ridge Drive Page 327 of 377' Michael Suillllivan From: Cathy Hickling <hicklings@jeffnet.org > Sent: Sunday, Februiary 16, 2025 245 PM To: Planning Commission - Public Testimony Subject: Kestrel Hillside Development Project Follow Up Flag: Follow up Flag Status: Flagged Ashland Planning Dept., I object to the project as planned. Catherine J. Hickling, 833 Pavilion, Place,Ashland, OR 97520 Page 328 of 377 Michael Suillllivan From: Claire D Kotowski <ckotowski@hve.com> Sent: Sunday, February 16, 2025 3:56 PM To: Planning Commission - Public Testimony Subject: Kestrel Hillside Project Public Hearing, Tuesday, March 4th, 7pm PA- T2-2024-00054/PA-APPEAL-2025-Q002024 Follow Up Flag: Follow up Flag Status: Flagged [EXTERNALSENDER] My wife Claire a, nd I are residlents at 812 Boulder Creek Lane, Ashland, Oregon. We are adlemantly opposed to the proposed Kestrel Hillside Development Project. As a, former Council Member (1 7years), 3 time Mayor, former Planning Commission Chair, and S,ainta Clara Couinty Transportation Commissioner, I find your support of the incredibly dense plans for this construction to be appalling. You ignore Ashland) City Code enabling violations cleating with density, inadequate parking Fire Safety and Evacuation ais well as Emergency vehicles and uitility vehicte access. I urge you to refer this ill -planned) project to the City Council. for review. Sincerely, Past Mayor Michael F and Claire D Kotowski mifkcdk@ Live.com 4018 679-1172 Get Outlook for i OS Page 329 of 377 Michael Suillllivan From: janet w dolan <janetwdolan@gmail.com> Sent: Sunday, February 16, 2025 4:21 PM To: Planning Commission - Public Testimony Subject: Kestrel Hillside Development Project Follow Up Flag: Follow up Flag Status: Flagged [EXTERNALSENDER] I object to the Kestrell. Hillside Devetopment Project as it is now planned. -Janet otan Page 330 of 377 Michael Suillllivan From: Sent: To: Subject: Follow Up Flag: Flag Status: [EXTERNALSENDER] KAREN HEMAN <heman.karen4656@gmail.com> Monday, February 17, 2025 6:38 AM Nanning Commission - Public Testimony PA-T2-2024-00054/PA-APPEAL-2025-00020 I object to the Kestrel Hillside Development as planned. Karen Heman Mt Meadlows property owner. Page 331 of 377 Michael Suil�l�ivan From: To: Follow Up Flag: Flag Status/ Charlene Kenny <kemnycharleme5B7@gmmaiioom> Monday, February 17'2025fk23AK4 PUannimg[ommissiom-Pub|icTesimmomy KesLreU Hillside Development Project Ashland Planning Commission I strongly object to the plans as the project will add too many cars and congestion in our lovely neighborhood. Thank you, Charlene Kenny Page 332 of 377 Michael Suillllivan From: Sent: To: Subject: Follow Up Flag: Flag Status: Dinah O'Farrell <dinahofarrell@earthlink.net> Monday, February 17, 2025 9:43 AM Nanning Commission - Public Testimony Nanning Action: PA-T2-2024 -000 54/ PA -AP PEAL - 202 5 -000 20 I support the appeal of the Planning Commission's approval of the plans for the Kestral Park addition. it should go back to the Commission for further review. Diana O'Farrell 929 Mountain Meadows Circle. Ashland Page 333 of 377 Michaell Sullivan From: ken deveney <�kenndev@yahoo.com> Sent: Monday, February 17, 2025 3:59 PM To: Nanning Commission - Public Testimony Subject: Nanning Action: PA-T2-2024 -000 54/ PA -AP PEAL - 202 5 -000 20 Follow Up Flag: FoHow up Flag Status: Flagged [EXTERNALSENDER] I am, against the project as pllannied, with all its violations of code. I recommend its being sent back to the Planning Commission. Kenneth Deven,ey Ashland OR n Page 334 of 377 Michael Suillllivan From: REK <rek@kinsinger.us> Sent: Tuiesday, February 18, 2025 1:59 PIVI To: Planning Commission - Public Testimony Cc: Lee Bowman; Dennis Holeman; Ron Vandervort; Jeff Thompson; David Runkel Subject: Statement re Planning Action: PA-T2-2024 -000 54/PA-AP PEA L-2025 -00020 Attachments: Statement regarding Kestrel appeal.docx; Kestrel testimony final.docx [EXTERNALSENDER] Please enter the attached statement and referenced testimony from, the Planning Commission hearing ais suipport for the appeal re dlevelopment of Kestrel. III scheduled for 4 March 2025. PlanningAction: PA- T2-2024-010054/PA-APPEAL-2025-0100201 Richard Kinsinger 591 Nlandina Street Ashland Page 335 of 377 Statement Regarding Appeal of Kestrel III Development Plans to Ashland City Council We were principal authors of written testimony to the Planning Commission regarding the Kestrel 111 development ailong with Dave Runkel. This testimony is attached. The testimony with almost 200 signatures of nearby residents was submitted to the Planning Department on the Friday before the Tuesday hearing so we assume it wars available before the hearing to both to the aipplicant and the Commissioners. At the hearing the applicant withdrew Area 7 of the proposed development from consideration, perhaps in response to statements made in that testimony. Our written testimony also included most of the objections cited in the current appeail to the Council, concerns which are relevant to the remainder of the proposed development. However, these grounds were not addressed in the presentation by the Planning Department or in the questions and discussion by the Commissioners at their hearing. We believe they were not satisfactorily taken into consideration in the Commission's decision to approve the applicant's proposal. Therefore, we endorse this appeal to the Council aind aisk that the applicaint's proposal be resubmitted to the Commission with instructions to specifically address the objections cited in the appeal. The last of the points made in the appeail does not concern failures to meet Ashland Municipal Code. However, it does raiise the issue of fire safety and the limited evacuation routes for residents of the North Mountain community, an issue which we believe should be of great importaince in decisions made by the Council. This issue aind the added traffic burden on North Mountain Avenue were also raised in the written testimony. We aisk that you give weight especially to our concerns regarding a, widespread fire in your decisions on this and other questions before you. Richard Kinsinger 591 Nandina Street Dennis Holeman 822 Plum Ridge Drive Lee Bowman 554 Mountain Meadows Drive Page 336 of 377 Testimony on Kestrel Park Phase III Site Development The first two phases of the Kestrel Park development built in conformance with North Mountain Neighborhood District zoning have added greatly to our community. They've taken advantage of the relatively flat land along Bear Creek and Kestrel Parkway and have given the new residents generous yards and green common space. That has left to the proposed) Phase IIII of the Kestrel Park deve to p ment the remaining steep a n d barren hillside portion and the constraint of building very high -density houising to meet the City's desired overall density for the whole Kestrel development. Taylored Elements Construction has taken on this remaining Phase 111, proposing a design with high density so that the entire Kestrel Park meets density regulations. The proposed Kestrel Phase 111 design follows the pattern of Kestrel Phases I and 11 in siting larger units, some as large as 1,700 sql.ft., lower on the hill (Areas 4, 5, and the lower part of Area 7)). To meet density requiiremients this forces units at the top of the hill (Areas 6 and 7) to be as small as 400 sq.ft. Particularly constrained is Lot 36 which has 12 studio rental apartments (6 over 6) in a 10,026 sql.ft. footprint. As measured) by average area per housing unit, the density of Lots 36 through 38 at the top of the development is 2-1/2 times greater than the rest of the Kestrel III homes. Access for 12 studio apartment units through MaripQsa Court alley, Mariposa Court is an Alley that was constructed dluring the building of the Plum Ridge Subdivision of Mountain Meadows in 2001. In compliance with Ashland Municipal Code, North Mouintai n Neighborhood District (AMC 18.3.5.1 OO.C.3) the designed purpose of the Mariposa Court/alley was to serve as garage and garbage truck access for five Mountain Meadows homes at 863, 843 and 823 Plum Ridge Drive and 539 and 549 Mountain Meadows Drive. All other vehicular access to those homes (emergency vehicles, visitors, mail and package deliveries, moving vans, etc.) use their frontages on Plum Ridge and Mountain Meadows Drives. The paved alley is 12 feet wide as specified in the code. This is only slightly wider than a single lane so cars must qlueuie and Recology garbage and recycling trucks have a difficult time navigating the alley as it is. There is room to widen the paved north -south surface on the downhill or west side. The east -west stub, connecting the south end to Plum Ridge Drive has residential properties on either side, thus no room, for widening. that states the development complies with Ashland street standards. If the planned building at the top of Area 7 is built and inhabited, all vehicular access to those 12 apartments would be through Mariposa Court/alley. This is in violation of AMC 18.3.5.1 OO.C.3 which describes an Alley as servicingthe rear of a property to Page 337 of 377 diminish use of the main access at property frontage. For the new units the alley must serve their personal car parking, visitor parking, emergencyvehicle access and parking duiring the emergency, garbage and recycling trucks, mail and package delivery, and parking for any other services to those homes, e.g., utility service or eqluipment installation and repair. AMC 18.3.5.1 OO.C.3 specifies the standard paved width for an Alley as 12 feet with 4- foot clearances on either side. In the plan there is a 16-foot width reserved for the Alley which is thus 4 feet Less than code. The short east -west stub off Plum Ridge Drive cannot be widened beyond its 12-foot current width. The North Mountain Neighborhood District code takes precedence over Ashland Street Standards, but the same problems reqluiring only secondary access and limits on width exist with respect to that code. There is no possibility of converting Mariposa Court into a Neighborhood Street per AMC 18.3.5.1 OO.C.2 which requires a 48-foot right-of-way including sidewalks and planter strips. Parking spaces provided for 12 studio apartment uinits We contend that the Planning- -Q9jnjnj55iQn-cannot make the rec uiredl by AMC 18.3.9.040 A.3 or AMC 18.5.2.050., The 12-unit apartment building is sqlueezed into a too small parcel and as such does not comply with the applicable Site Development and Design Standards of AMC 18.4 as follows: (1)All parking is pull -in spaces all sized for compact cars but it is not reasonable to expect all occupants to have compact cars. Longer vehicles would stick out into the alley. (2) AMC 18.4.2.030 Residential Development Sec. A 1.a. Parking Layout.... ``However, avoid d es igns where the parking areas are i m med iate ly abutting dwelling units..." The design shows parking immediately abutting the wall of the building. (3) The accessible parking space does not meet the criteria for access to the entrance to the building. Will the unit adjacent to the accessible parking space be reserved for a disabled person? (4) Since the plans do not include a section of the alley with the adjacent buildings shown it's difficult to determine if the minimum dimensions required by AMC 18.4.3.080 are achieved. (5)The designed parking does not meet the landscaping and screening requirements of AMC 18.4.4.030. Page 338 of 377 (6) The 12-unit apartment building does not comply with the common and private open space requirements in AMC 18.4.4.070. Ap, P,,r,Q,P,rli,,,al,tl,le,ln,,,el,sl,sIo,lf,,,It,,,hl,le,,,P,,r,Q, pp5e,d 12 s t u d i o a D a rt m e n t u n i t s ................. ......................................................... Wle""Icl,olln"tlelln,ld'I'lltllhllallt"Itllhllellllltlolwle"Irl'Ilulln",illt'Is'll'ollfl"tl"hl,le",,111,,2"-"a,D,,a,,r,,t,,m"e"n"t build, in ' g,,fa,lil'IL'Iltlo","milellelt",A,IMI"CI ............ .. ....... .... 18.3.5.100.A.2. The front or primary elevation of these units faces west, away from, any street and in fact into the rear of two Larger single-family homes below them. These units will have access to vehicles only via an external flight of stairs. All goods from, furniture to groceries to front door deliveries will have to be carried via those stairs. More importantly, ambulance or other emergency transport must use those stairs. The 12-studlio apartment building at the top of Area 7 would be closely surrounded by homes of a completely different nature. The 12 proposed studios apartments are sized at approximately 500 sq.ft. To the east are three single family homes with greater than 1,500 sq.ft. To the south are two single family homes with greater than 1,500 sq.ft. To the west will be, accordling to the suibmitted plan, two single family homes with greater than 1,500 sq.ft. While higher density, smaller homes can be designed to blend in with larger single-family homes, the disparity of design in this case is enormous. Acces-sto-Area --- 6-ho-m-e-st-h-r-ou 9 ht-he --- u-n-fl-a-m-ed --- e-a-s-t --w e s-t-Allev Weagai ndisagree with --- t he --- Findinao-f-Fact-3. -that states the development complies __9 __ ___ - -- - -- - - -- ----------------- complies The 12-foot wide one -lane alley off Plum Ridge Drive which would be extended west beyond Patton Lane would serve as one of two points of access to 16 additional units. The alley does not meet AMC 18.3.5.1 OO.C.2 standard width provisions in that there is no 4-foot wide clearance space on either side. There is no room, for widening or for sidewalks. The alley currently serves as access to three garages with vehicles backing out onto the alley. In addition, it is used by some vehicles coming from an unnamed alley parallel to Plum Ridge Drive. The Julian Court alley was not designed to handle a Large number of vehicles, oversize trash removal or delivery trucks, or fire and rescue vehicles. At present, Recology and large delivery trucks cut into Lot 38 property to make the turn at the end of the alley. APP-roPria-teness-of --- Prop-o-sed --- H-9-m-e-s --- i_n__Lot_s3_7a_n_d3 8--to-1-h-e-i-r-Suf rou-n-d-in s The proposed units on Lots 37 and 38 do not meet the common and H ava t e open The plan would cover two -t h i rd s of Lots 37 and 38 with structures or pavement. This does not, as the petitioners claim, reduce Page 339 of 377 the impact on the natural environment, but rather increases runoff down the steep slope. The proposed four two-story buildings west of the houses on Plum Ridge Drive and south of the alley marked as Julian Court would be the tallest structures on the west end of the entire Kestrel development area. With the exception of one house at Nadina Street and Plum Ridge Drive in the Mountain Meadows development, other two-story structures are spaced down the slope and don't interfere with existingviews of other houses which are primarily owner occupied). The plan would cover two-thirds of Lots 37 and 38 with structures or pavemient. ether considerations Although it is not the Planning Commissions purview to took at specific traffic problems with a proposed development, section D of the AMC 18.5.2.050 Site Design Review Approval Criteria does state in part that adequate paved access to and through the property is to be provided. The new development will add 38 homes to the North Mountain Neighborhood District which now has approximately 440 independent living homes pluis 91 assiistedl living and memory care apartments in Skylark Senior Living. With the addition of Kestrel Phase III the population of the North Mountain Neighborhood District can be estimated at over 600 people, more than 5 percent of the city of Ashland. Yet the North Mountain commuinity has only a single paved access to the city, North Mouintain Avenue with its narrow bridge over Bear Creek. A bridge over Bear Creek at Nevada Street is in the 2012 Ashland Transportation System Plan, but there is no current plan for its construction. Public transport into the commuinity now must retrace its route out of the commuinity. Whether this is a factor or not, the commiunity has no regular public transportation. We contend there is not a -dl-e-a-u---a-t--e -tra----nsportat-i--o----n-----t--o --t--he-- ropeftIv---as --t--�-h---e--F-i--n---d --n-- g --o---f -F-a---c----t -o -n-----A-----MC 118.5 2.050.D states. It is also not the purview of the Commission to consider provisions for evacuation of the development should that be needed in an emergency. This provision is not a part of the Ashland Municipal Code, but the recent Almeda fire has brought great attention to the need for providing evacuation routes. The North Mountain comimiunity has only two evacuation routes, along North Mountain Ave south to the city or north across the 1-5 overpass out of the city. An emergency onramp to 1-5 south has been built, but there has been no clear information on when and how it can be uised. Adding 38 units to an area with over 440 homes adds significantly to our evacuation concerns. Page 340 of 377 Dennis Holeman 822 Plum Ridge Drive Dave RunkeL 893 Plum Ridge Drive Riichardl Kinsinger 591 Nandina Street Bobbie Kinsinger 591 Nandina Street Lee Bowman 554 Mountain Meadows Drive Roberta Bowman 554 Mountain Meadows Drive Cathy George 832 Plum Ridge Drive Jeffrey Thompson 863 Plum Ridge Drive Maggie Thompson 863 Plum Ridge Drive Ron Vandlervort 583 Nandina Street Carol Va nd e rvo rt 583 Nlandina Street Bob Pohl 843 Plum Ridge Drive Alden Sklensky 549 Mountain Meadows Drive Lia Byers 544 Mountain Meadows Drive Stephen Bruimimer 544 Mountain Meadows Drive Suzanne Mitchell 892 Plum Ridge Drive Paul Winans 802 Plum Ridge Drive Nina Winans 802 Plum Ridge Drive Robert Tower 812 Plum Ridge Drive Kevin Frostad 793 Nlorth Mountain Avenue Tina Frostad 793 Nlorth Mountain Avenue Donna Taylor 590 Mountain Meadows Drive Joel. Taylor 590 Mountain Meadows Drive Dennis Knauert 862 Plum Ridge Drive Francisca Van Lith 862 Plum Ridge Drive Kara Keeling 823 Plum Ridge Drive Genie Andlerson 598 Nlandina Street Bethany Hall 584 Great Oaks Drive Grace Martin 596 Mariposa Court Chris Lewis 802 Mountain Meadows Drive Anna Lewis 802 Mountain Meadows Drive Cathy Armstrong 837 North Mountain Avenue Paula Phillips 785 North Mountain Avenue NancyWilkinson 852 Mountain Meadows Drive Thomas Boudrot 857 North Mountain Avenue Alice Diefenbach 801 Nlorth Mountain Avenue Sherwood Goozee 595 Great Oaks Drive Germaine Goozee 595 Great Oaks Drive David Lane 464 Golden Aspen Place Catherine Hickling 833 Pavilion Place Page 341 of 377 Janet Dolan 9+63 Golden Aspen Place Jim, Robertson 9+62 Golden Aspen Place Linda Robertson 9+62 Golden Aspen Place Robert Carter 838 Cobblestone Court Laurie Carter 838 Cobblestone Court Candis Eugitt 983 Golden Aspen Place Suisan Stoehr 977 Golden Aspen Place Mary K. King 907 Mountain Meadows Circle Maureen Wallace 838 Pavilion Place Edwin Muller 9711 Golden Aspen Place Malley Tinsley 9711 Golden Aspen Place Janice Triieglaff 878 Bolder Creek Lane Michelle Ilndianer 918 Mountain Meadows Circle Joan Tschalaer 902 Mountain Meadows Circle Roy Sutton 989 Golden Aspen Place Dena Amtman 908 Mountain Meadows Circle Dorothy Brooks 979 Golden Aspen Place Dena Elates 846 Stony Point Anna Gove 947 Mountain Meadows Circle Martin Thommes 5+64 Great Oaks drive Hal Hayes 9411 Mountain Meadows Circle Nancy Bringhuirst 788 Creek Stone Way Diana O'Farrell 929 Mountain Meadows Circle Terry Ansnes 988 Golden Aspen Place Michael Kotowski 812 Boulder Creek Lane Edward Busby 904 Mountain Meadows Circle Shelley Buisby 904 Mountain Meadows Circle Susanne Krieg 900 Skylark Place #316 Betsy McLane 819 Boulder Creek Lane Clive Johnson 986 Golden Aspen Place Barbara Cross 982 Golden Aspen Place Arlene (Mueller 826 Boulder Creek Lane Roger Mueller 826 Boulder Creek Lane Ann dick Wilson 8211 Pavilion Place J. Marlene Baker 816 Boulder Creek Lane Karin Bolling 816 Boulder Creek Lane Helen Molz 842 Stony Point Charlotte Silbauigh 914 Mountain Meadows Circle Morgan Silbaugh 914 Mountain Meadows Circle Charlene Kenny 8+63 Stony Point Page 342 of 377 Jeannine Bertrand 823 Boulder Creek Lane Ian Couchman 919 Mountain Meadows Drive Judith Suindaram, 833 Cobblestone Court Nathanael Sundaram 833 Cobblestone Court Carol Nosko 824 Pavilion Place Juan Quesada 824 Pavilion Place Pamela Newton 975 Golden Aspen Place Shoshanah Dubiner 922 Mountain Meadows Circle Paul Boon 855 Stony Point Suzanne Smith-HammerLi 991 Golden Aspen Place M a ry Fe rra ri 936 Mountain Meadows Circle Dave Seiden 838 Pavilion Place Cassie Conner 735 Meadowlark Way Gloria Junkermann 906 Mountain Meadows Circle Bill Walker 844 Stony Point Anita Walker 844 Stone Point Alan Berman 817 Pavilion Place Harriet Berman 817 Pavilion Place Lola Eagan 836 Pavilion Place Lucy Strasburg 935 Mountain Meadows Circle Mary Hunt 580 Mountain Meadows Dr Judith Milburn 840 Pavilion Place Kate ThiLl 921 Mountain Meadows Circle Sarah Tozier 957 Golden Aspen Place Amelia Franke 980 Golden Aspen Place Jim, Cornelius 822 Boulder Creek Lane Carolyn Herb 911 Mountain Meadows Circle Linda Sussman 910 North Mountain Avenue Jo Ann Grady 909 Plum Ridge Drive Daniel DeRoulx 909 Plum Ridge Drive Vida Taylor 913 Plum Ridge Drive Vincent Chabot 919 Plum Ridge Drive Nancy Shubert 919 Plum Ridge Drive Ross GiLlanders Plum Ridge Drive GinnyGillanders Plum Ridge Drive Loretta Barlow 921 Patton lane Dennis Tetz 638 Fair Oaks Court Barbara Ricketts 638 Fair Oaks Court Page 343 of 377 Joyce Leighton 626 Fair Oaks Court Gail EngbLom 636 Fair Oaks Court Jill Chabers 654 Fair Oaks Court Joy Dobson 624 Fair Oaks Court Frances Brandt 634 Fair Oaks Court Brad Bodzin 616 Fair Oaks Court Fanda Bender 612 Fair Oaks Court Lotus Gabriel 606 Fair Oaks Court John Sells 608 Fair Oaks Court Sally O'Brien 618 Fair Oaks Court Jeremey Dailly 628 Fair Oaks Court Miyo Ishihara 628 Fair Oaks Court Page 344 of 377 Michaell Sullivan From: Jared N Crawford <�jaredlnec@yahoo.com> Sent: Thursdlay, February 20, 2025 7:28 PM To: Nanning Commission - Public Testimony Subject: PA-T2-2024-00054/PA-APPEAL-2025-00020 Follow Up Flag: FoHow up Flag Status: Completed [EXTERNALSENDER] Dear Planning Commission, I am a resident of Julian Court, which is next to the proposed Kestrel Hillside project. I am writing in support of PA-T2'-202''4-00054/PA-APPEAL-2025-0002�O and opposition to the current proposal for the Kestrel Hillside project. I believe that the additional density implied by this proposal is inconsistent with current fire risks, which have increased dramatically since this project was originally designed. Evacuation of this neighborhood during a fire emergency is extremely problematic. Even the recent snowstorm made the neigihborhood"s streets completely dysfunctional due to the narrow pavement widths, curbs, sidewalks, tight turns at alley connections, and so on. These streets clearly lack the capacity to safely evacuate the proposed increase in residents. The plan mentions the "future construction of a bridge across Bear Creek to connect Nevada Street to Oak Street. As such, a condition was included to require that all properties within the Kestrel Park Subdivision sign a similar agreement prior to signature of the final survey plat." If the bridge is needed for proper evacuation, why is its construction not required before the construction of the proposed homes? Thank you, --Jared Crawford 917 Plum Ridge Dr. Ashland OR 97520 jarednec@yahoo.com Page 345 of 377 rJA 0 111 CONNOR WESTIt-II-c '54 � 702 5,350 1 670 G ";TI E UT, f IT E B, J,(',,,, K S 0 t4 V I L L , 7 53f FlebruaiT 21, 2025 Via Email Only bfic-testiplop jr. us City of Ashland City Council c/o Ashland Planning Department Re: Applicant's Legal Argument File No.PA-T2-2024-00054/PA-APPEAL-00020 Dear Council: Our office represents the applicant, Taylored Elements Construction. This letter is submitted for the record on appeal. Applicant contends there is substantial evidence in the record to support the decision of the Planning Commission and that the Planning Commission did not commit errors of law in approving the subject application. Appellants raise multiple arguments on appeal which are summarized by staff in its Notice of Application. Applicant has limited its responses to those arguments that are directed to Areas 4, 5 and 6, as Area 7 was withdrawn from the application prior to the hearing. Each of the Appellants' arguments as summarized by staff is italicized, with the Applicant's response in regular font below: 1) "That the standard provided at AAIC 18.3.5.030. C are rant inet. This section Of code is the "Suppleniental Approval Criteria" for the North Alontitait'i ATeighborhood plan. The appellant speciflcallv cites detisity byilditiq desjgri, hudding orientation and concerns about iticreased traffic. With respect to the first assignment of error, the record contains substantial evidence to find these criteria are met. In particular: Deuce: The record establishes that permitted density in Phase III' is a minimum of 23.44 and a maximum of 40.91 (12-10-24 Staff Deport p.7). These calculations were tabulated for the Kestrel Park Subdivision as a whole. The proposed density for Areas 4-6 is 22 dwellings. The Planning Commission found that while 22 units is below minimum density, this criterion can be met with a condition of approval requiring that Area 7 develop a minimum of 2 and a maximum of 18 dwellings. (Final Decision, p.7). As conditioned, the application meets density requirements as a matter of law and there is substantial evidence in the record to make this finding. 1 Density of Area 7 is not at issue oil appeal though the density calculations include all areas within Phase III. Page 1 Page 346 of 377 Building Design: AMC 18.3.5.030.C. requires in part that the application complies with the North Mountain Neighborhood Design Standards. The Planning Commission found in relevant part: "The Planning Commission notes that [first] the first standard is 'Architectural Design." This standard provides a list of architectural features and requires that at least two listed features from the section be included in each hoine design. The Planning Commission notes that the application materials include extensive drawings of the proposed buildings with each having eaves, covered porch entries, gables and in some cases dormers. The Planning Commission concludes that each proposed building design includes at least two of the required features satisfying the 'Architectural Design Requirements. The Planning Commission notes that the design standards specify that porches shall be incorporated into buildings and be a minimum of six -feet by eight -feet in size. The Planning Commission notes that the detailed site plan of each area includes details on the porch size and in every case meet or exceed this requirement, and that this standard has been met." (Decision andFiticlitigs, p. 9)• The findings by the Planning Commission are supported by extensive design inforination submitted by the Applicant depicting these required features (see 4pplicant's Power Point Pi-esentatioti Slides°)• No evidence was presented by Appellants that these features do not exist or that they do not coinply with code standards. As such, Planning Commission's finding that this criterion was satisfied is supported by substantial evidence in the record, and was not an error of law. Building Orientation: AMC 18.3.5.030.C. requires in part that the application complies with the North Mountain Neighborhood Design Standards. The Planning Commission found in relevant part: "The Planning Commission notes that the building orientation standards require that `Dwellings shall be designed with a primary elevation oriented towards a street.' The Planning Commission notes that the site plan clearly shows that each proposed building has its primary orientation to the street and finds that the orientation standard is net. The Planning Commission notes that the requirement for garages requires that "Where no alleys are present, garages shall be located a mininnini of 15 feet behind the primary facade and a minimum of 20 feet frown the sidewalk." The Planning Commission, in evaluating the main site plan, note that the garages are properly setback and that this standard is met." (Decision andFit'ichtigs, p. 9)• Appellants contend that the buildings in Area 6 are oriented to an alley (Lots 38 & 39) and therefore do not meet the requirement to front a street. However, there is evidence in the record that the parking area will have reciprocal access easements to the street. Page 2 Page 347 of 377 Staff noted that it is common practice in performance subdivisions to "allow the creation of lots not meeting the minimum frontage standard provided that access can be provided over easements." (Staff Report, pp. 10- 11). Based on the foregoing there is substantial evidence in the record to find that the building orientation criteria are met. Increased Traffic: The Applicant consulted with two independent traffic engineers who concluded that "no intersection traffic impacts occur or mitigations are necessary as each operate at above Level of Service B or higher currently and after the Kestrel Park Subdivision is fully developed. Furthermore, during informal discussions, both Traffic Engineers stated the subdivision's "street connectivity" design is a means to spread not only proposed vehicular trips, but also existing vehicle trips that are currently concentrated at Fair Oaks Avenue and North Mountain Avenue, but with the proposed street connections with Nandina Street and Plum Ridge Drive as well as Patton Lane/Mountain Meadows Drive and North Mountain Avenue, traffic (vehicle trips) will be spread more evenly throughout the North Mountain Master Plan area AND give alternative means for ingress/egress of emergency vehicles. Lastly, all of the planned streets, alleys and private driveways have been designed in accordance with City Street Standards, including on -street parking dimensions, curb radius, street widths, etc., all of which "mirror" existing streets within the Master Plan Area." (Applicant's Findings p. 8; Aleniorandiwi Southern Or egoti Tratisportatiot'l Etigitieering, LLC dated 912912004). Further, the results of the trip generation for Phase III (which includes Area 7) establish that it is estimated to generate 26 p.m. peak trip, which when combined with Phases I and 2, is one less trip than the original 2018 study. SOTS Aletno. at 2). The law is well settled that the City is entitled to rely on expert testimony when countered only by lay evidence. No one provided any expert evidence to rebut or otherwise undermine the testimony and evidence of Applicant's several experts, which means there is insufficient evidence in the record to find that the traffic memorandum and study were inadequate. See Oregon Coast Alliance v. City of Broolcltigs, 72 Or LUBA 222 (2015) (Where the record includes expert testimony, some level of scientific or professional expertise is necessary to rebut that testimony in order to provide supporting evidence for a contrary conclusion. A letter from a non -expert attorney is not substantial evidence to rebut the expert's conclusion). In the absence of conflicting expert evidence, the City may rely on the testimony of Applicant's experts. Atidersoti v. Lane Contitv, 54 Or LUBA 669 (2007) (A county reasonably relies on a forester's opinion that Ponderosa pine is a more valuable species than Douglas fir, over conflicting opinions by non -experts); ff'ether ell v. Douglas County,, 60 Or LUBA 131 (2009) (When ranchers submit evidence that conflicts with expert testimony, even though that evidence could constitute substantial evidence, the county was entitled to rely on the conflicting expert evidence). 2) Titat the standard provided at 411C 18'. 3.5. 100. C. 3 are not iiiet. This section of code is specific to the design requireiiients of Idles sfor the North Aloiiittciiit.2Vei�gl�iborliood. The y appellarit raises concerris ivith the nuiliber of units taking vehicular accessfi-oll), all. extension qfexisting alleys. Page 3 Page 348 of 377 The record contains substantial evidence that all alleys within the project meet or exceed City standards. In particular the Appellants contend the Julian Court Alley is only 12-feet wide; however, the staff notes that the alley in question is 16-feet wide and was created with Pluin Ridge Subdivision (Stqf .fReport, p. 10}and that the subject application proposes to widen the alley with dedication of an additional 4-feet as well as vacation of the street plug "to meet the NNINP standards for alley width of 20'." (Prelhnitian7 PUD, Alap, Kestrel Par1c,- Phase 111, p. 4 of Staff Report). Additionally with the dedication requirements, Mariposa Court will be widened to 20-foot night -of -way. Id.,- see also Civil Iinproveinent Platis, 411cyl (4pplicatit's Fitiditigs, p. 841). Additionally, Appellants argue the alleys already serve 10-homes and increasing the number of homes that take access would increase traffic problems. However, the Appellants provided no evidence that the alleys cannot accommodate the additional traffic. The purpose of alleys is to provide vehicle access to limit curb openings along streets (AMC 18.3.5.040.D). And as argued above, the Applicant's traffic engineers found that the subject application complies with all street standards without mitigation and further noted that once fully developed will spread the traffic providing more access and evacuation routes for the area. (Sec Response to -4r.qnineta No. 1). Lastly, as found by the Planning Commission (Decision canal Findings, p. 10) this is the third phase of Kestrel Park Subdivision, and the extension of the street system that was approved at that time. Further the application materials included detailed civil plans showing that the proposed cross sections meet the design standards. Appellants did not provide any expert evidence to challenge the detailed civil plans, and therefore, Appellants have failed to provide substantial evidence in the record that street requirements are not met. See Oregon Coast -41hance v. Cif7 qfBrookings, supra. 3) The third appeal issue restates flie concern. that the statidard provided at 411C 18.3.5.030.0 are not iiiet. The appellant then specificalIv cites concerns 1vith t1le iii, ultifaiii, ih, developilient builditig design, and parkh beitig 'Infront of the buildings. Appellants contend that the buildings in Area 6 are not consistent with size, height, density and building orientation with the North Mountain Neighborhood Design Standards, that the buildings cannot front an alley (Lots 38 & 39) and must front on a street, and that with only one entrance to the parking area presents a fire hazard. This argument has been addressed in response to argument No. I above and is incorporated herein by reference. Moreover, the Applicant submitted significant documentation to depict the size, height, density and building orientation consistent with the North Mountain Design Standards and neighboring structures (See Applicant's Power Poitit Presentation Slides). With regard to street orientation, staff noted that the parking area will have reciprocal access easements and that it is common practice in performance subdivisions to "allow the creation of lots not meeting the minimum frontage standard provided that access can be provided over easements." (Staff Report, pp. 10- 11). This is supported by the Page 4 Page 349 of 377 purpose statement of the PSO-Overlay which is designed for areas that have been largely developed, have sloping topography or other factors that are more suitable for development under the PSO. AAIC 18.3.9.030. Here, Area. 6, Lot38 is a corner lot which is surrounded by public night -of -way, but both rights of way are alleys. As such, the "street" frontage is on an alley, with an access easement to the street. Given the flexible nature of the PSO, the topography and infill development this site presents, the Planning Commission found that there was substantial evidence in the record that building orientation was satisfied. Lastly with regard to neighborhood compatibility, the proposed application is zoned multi -family, whereas the neighboring properties are zoned single-family, and the applicant must meet the density requirements for the zone. This is consistent with the rules of statutory construction which require that: -where there are several provisions or particulars such construction is, if possible, to be adopted as will give effect to all," ORS 174.010�, and that "a particular intent shall control a general one that is inconsistent with it," ORS 174.020 and that "a particular intent shall control a general one that is inconsistent with it," ORS 174.020. Here, a general rule requiring neighborhood compatibility, must be read in the context of the more specific requirements regarding zoning and minimum and maximum permitted densities within a zone. While the size of the proposed dwellings is smaller than the surrounding neighborhood, that difference is due to zoning and density requirements, rather than a lack of neighborhood consistency and therefore, there is substantial evidence for the Planning Commission to find that there is neighborhood compatibility. This is particularly true given the design of the buildings which are consistent with the North Mountain Neighborhood design requirements and existing architectural styles of the surrounding neighborhood. 4) That the stat'iclard provided at 411C 18.3.9.040 are trot tact. This section adc1ress 'Adequate Ice, City facilities" and the appellant raises concerns ivith police and. ire protection and adequate trai,,rsportatioti. Appellants' arguments regarding the "`apartment buildings in Area 6" are based on conjecture as to future police, fire and transportation risks. To the contrary, there is substantial evidence in the record that: 1) the application meets the density requirements for the zone; 2) streets meet City standards and traffic does not require mitigation; 3) once the project is fully built out traffic will spread over a greater nuinber of streets thereby increasing traffic flow; 4) the properties within the project will be required to sign in favor of, and agree to participate in a local improvement district (LID) for future construction of the Nevada Street bridge across Bear Creek to establish an additional access; 5) the fire department did not raise objections to this application; 6) a Fire Prevention and Control Plan will be required and the applicant will be prohibited from planting certain flammable plants; 7) the application must meet all fire department requirements regarding access, turn-arounds, etc.; and 8) there is no evidence from the police department that it will be unable to adequately serve this property. Page 5 Page 350 of 377 Based on the foregoing there was substantial evidence in the record to find that Area 6, and this criterion was met, and the Planning Commission's decision did not err as a inatter of law. 5) That the standard provided at AAIC 18.5.2.050.0 are not caret. This section addresses coiiipliance with Chapter 18.4. The appellant their speciflicalh, cites coticerns regarding density Lrafflc andevacuation. Appellants contend that there are no grocery stores or other kinds of services that individuals in small apartments will need, and that "this is at odds with AMC 18.5.2.050.C." They also argue Kestrel Park subdivision should be redesigned to reduce density in this area. However, it is unclear how a lack of grocery stores or other kinds of services on the subject property is inconsistent with the cited provision. The subject property is zoned multi -fancily, and the project proposes density within the permitted range for the zone. Moreover, as argued above, there is substantial evidence in the record that the proposal meets street standards, the design is consistent with the North Mountain Neighborhood Design Standards, and while the size of the units is smaller than the neighboring single-family zones, they are consistent with the zoning for the property. The City's decision inust be based upon "standards and criteria, which shall be set forth in the development ordinance ORS 227.173(1). The applicant is not required to rezone or reduce the density of the property as argued by Appellants. Rather, it must comply with the current code. Density for Phase III could include up to 40 dwelling units. The applicant proposes 22 units in areas 4, 5 and 6 and as such complies. Based on the foregoing, there is substantial evidence in the record to find that this criterion is met and that the Planning Commission did not err as a matter of law. 6) That the stat'idard provided at AMC 18.3.5.1 00_4 are trot iiiet. This section address "Site Developnietit acid Design Standardsfor 'Housitig'for the .Xorth Aloiiii.taiii..2Veighborliood The appellant their specificalh, cites buildin. orientation buildiij, desivi. parkin. carrel it protectioti. To the extent that this argument duplicates Argument Nos. 1 and 3, Applicant incorporates its responses to those arguments above by reference. To the extent that Appellants argue the design of the buildings in Area 6 is a fire danger, they fall to present any expert testimony that the design or access to the buildings does not meet building code. The plans submitted by Applicant were prepared by a professional design company and are required to meet the building code, as approved by the City's Building Official before any Building Permits are issued. See AAIC 18.1.2.080. As noted above, where there is expert testimony in the record, which is countered only by lay testiniony, the City can rely upon the expert testimony to find there is substantial evidence in the record regarding building design and compliance with all applicable building code regulations, including fire, life, safety requirements. Page 6 Page 351 of 377 As there is no evidence in the record to establish that the proposed design is in violation of applicable building code or other fire, life, safety regulations, the Council can find there was substantial evidence to support the Planning Commission's decision, and that it did not commit errors of law. 7) That the standard provided at 4AIC 18'. 4.4.0 70 are not inet. This section addresses the required open space. The appellant then specifical1v cites concerns regarditig lot -_coverage builditT_Clesig.n views ati.dgetierall),the dei7elopiiieiitqfliilllti-fcllili housinq. To the extent that Appellants arguments relate to Area 7 those arguments must be disregarded as that area is no longer part of the subject application. To the extent that they relate to Area 6, Applicant responds as follows: Building Height. The proposed dwellings are within maximum building height under City code. Additionally, a condition has been imposed requiring that the applicant provide "Calculations demonstrating that the proposed new lots have been designed to permit the location of a 2 1 -foot high structure with a solar setback that does not exceed 50 percent of the lot's north -south dimension based on Solar Standard A, or identification of a solar envelope for each lot which provides coniparable solar access protections, as required in AMC 18.4.8.040." As such, the application meets this requirement as conditioned. Storinwater. There is substantial evidence in the record that there is adequate storinwater facilities to handle all the run-off from the subject properties, and the project is conditioned upon providing final civil plans for all utilities including storm drainage. The Public Works Department did not raise concerns regarding the capacity of these services. Further, the application is conditioned upon providing a storm drainage plan to demonstrate that post - development peak flows are less than or equal to the pre -development peak flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. As such, the application, as conditioned, can be found to meet this requirement. Required Open Space. Phase III is part of the 13.48-acre Kestrel Park Subdivision. Of that 13.48 acres, the record contains evidence that 5.13 acres is dedicated as open space (Bear Creek Riparian Area) and another .7 acres was platted as private open space for wetlands. In total nearly 43% of the subdivision's acreage is open space, whereas the Performance Standards Subdivision requires 8%. Additionally, all of the multi -family units include an additional 8% recreational space (porches/patios). The Plamung Commission found that the open space requirement is applicable to the subdivision as a whole and is not determined on a lot -by -lot basis (in other words some lots may be over 8%, some may be over 8% as long as the subdivision as a whole meets the requirements set forth in AMC 18.4.470). Such interpretation is supported by substantial evidence in the record and is consistent with the purpose statement of the Performance Standards Option (AMC 18.3.9.010) to allow a "flexible design" which "uses the natural features of the landscape to their greatest advantage... provides for more efficient land use; and reduce[s] the impact of development on the natural environnient and neighborhood". Page 7 Page 352 of 377 8) The eighth appeal issue does not include a code citation but raises coticertis withfire sa e. f t3 atid evacuation. In their final assignment of error, Appellants acknowledge that it does not relate to any specific criteria. In raising assignments of error, an appellant inust establish that the arguments relate to specific criteria applicable to the application, as that is the basis upon which the Planning pecl ic cri n Commission may approve or deny an application. ORS 227.173(l). As such, this argument falls as a matter of law. Notwithstanding the foregoing, and without waiving the argument herein above, the record contains substantial evidence that: "During the original Kestrel Park subdivision approval process, concerns were raised during public testimony that emergency access and evacuation routes were limited to the bridge on Mountain Avenue over Bear Creek or to indirect access via county roads to Oak Street, the Commission found that in response to similar concerns for previous development of the North Mountain Neighborhood, all properties were required to sign in favor of and agree to participate in a Local Improvement District (LID) for the future construction of a bridge across Bear Creek to comiect Nevada Street to Oak Street. As such, a condition was included to require that all properties within the Kestrel Park Subdivision sign a similar agreement prior to signature of the final survey plat. The subject properties here are within the subdivision and are subject to that original condition which has been included below. Staff conclude that with the condition of approval findings can be made that this approval criterion will be met." (12-10-24 Staff Report, p. 7). Additionally, the application is conditioned upon submission of a Fire Prevention and Control Plan and requirements to prohibit certain flammable plants. (Decision aticl Findings, p. 13). Based on the foregoing there is substantial evidence in the record to find that as conditioned, the application satisfies any fire safety and evacuation route requirements. Conclusion: The Council should affirm the decision of the Planning Commission and reject the appeal for the reasons that there is substantial evidence in the record to support the Planning Commission's decision, and it did not commit any errors of law. O'CONNOR WEST, LLC Is I ��,,dnee Dreyer Sydnee B. Dreyer, OSB, No. 954710 sbd@,PaclficLand. law SBD: C: Client via email only Michael Sullivan via email only Page 8 Page 353 of 377 Council Business Meeting Date:: March 4,2D25 SUMMARY On February 18, 2D25 the City Council passed the Fiirst Reading of Ordiinance 32�6, amending the administrafive appeals process tobethrough the municipal court. That FiindReading incorporated the following change to 2.30.020(B), which was read out louid and adopted by the Ashland City Council in its final vote. That incorporated change was the following: "Appeal Fees shall be set by resolution of the Ashland City Council." Outsiide of this change, noaddiitiona|changes were made. POLICIES, PLAN�S & GOALS SUPPORTED The proposed change iasupported bystaff. |tieefficient toput thiis court fee with other fees that occur dhrouighout the City, viia the Uscellaneous Fee and Charges document that the City Council adopts by resoluition. BACKGROUND AND ADDITIONAL INFORMATION Presently, the City Manager serves aethe hearing officer for administrative appealewiith the City Recorder providiing administrative support. The administrative appeals process will bemoved from the Cdy Manager's office tothe MuniicipoUCourt. This change promotes greater objectivity, as the Muniiciipal Judge, who is diistanced from the daily affaiirs of the ciity, can review appeals with a fresh perspective. Addiitionally, the Judge's traiining and background equip them to handle appeals with the formalfty and professionalism characteristic of a tradifional court environment. This tmeneifion also allows the adminiatnsfive process to be integrated with court staff, enhonciinQcollaboration and efficiency in proximity to the Municipal Judge. FISCAL IMPACTS No fiscal impact would occur. Rather, the proposal is anticipated to improve processes, for the reasons stated SUGGESTED ACTION�S, MOTIONS, AND/OR OPTION�S Approve the mrdinanue as a first readiinQ and schedule second readiinQ for February 18' 202�5. Recommended ~Umove toapprove the second reading ofOrdinance No. 32�56.~ REFERENCES & ATTACHMENTS 1. ORD 3256 Amendiing �.30 Making the Municipal Court the Adminiistrative Appeal BodyJiirst Reading 2. ORD 3256 Amendiing �.30 Making the Municipal Court the Adminiistrative Appeal Body_Second Reading Page scfz Page 354of377 ORDINANCE NO. 3256 AN ORDINANCE AMENDMENT TO AMC 2.30 UNIFORM ADMINISTRATIVE APPEALS PROCESS DESIGNATING THE MUNIIPAL COURT AS THE ADMINISTRATIVE APPEAL BODY Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined through, and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Q(y, The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Amending 2.30 to designate the Municipal Court as the Administrative Appeal body. 2.30.010 Definitions A. Depart ient Head. The person holding the position of Department Head for any department of the City of Ashland, or any agent, employee, or designee of the Department Head authorized to perform the duties of the Department Head by express written delegation of the Department Head B. Director The person holding the position of director for any department of the City of Ashland, or any agent, employee, or designee authorized to perform the duties of the director by express delegation of the director. C. Hearing Officer. The Municipal Judge shall serve as the Hearing Officer. In the event that the Municipal Judge is unavailable or has a conflict of interest, the Hearing Office shall be the City Manager, or an outside party not affiliated with the City of Ashland, who is hired or selected by the City to conduct hearings on appeal The City Manager -or -an outside party not affiliated with the City of Ashland that is -hired or selected by the City to conduct a hearing on an appea (Ord. 3192 § 34, amended, 11/17/2020; Ord. 2971, added, 10/21/2008) 2.30.020 Administrative Appeals Process Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly ORDINANCE NO. 3256 Page 1 of 3 Page 355 of 377 authorizes use of this appeals process. Land use decisions subject to AMC Chapter IS shall not be subject to the appeals process in this chapter. Appeals processes are as follows: A. A person appealing the Department Head's or Director's action shall, within 10 Days of such action and mailing of written notice, file a written notice of appeal with the City Recorder Municipal Court. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or jurisdiction for the appeal, a statement of the appellant's standing or right to be heard, the nature of the decision being appealed, a short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved, and the result the appellant desires on appeal. B. The City Recorder Municipal Court shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify oti y the appellant in writing of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council. D. The parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on appeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The Hearing Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City, and it shall be issued in writing. The Hearing Officer shall at a minimum: 1. At the commencement of the hearing, the hearings officer shall explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2. At the coniniencement of the hearing the hearings officer shall place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made to the officer outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the Parties are prohibited from engaging in ex parte communications with the hearing officer. 3. Testimony shall be taken upon oath or affirmation of the witnesses. 4. The Hearings officer shall insure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration for the issues properly before the hearings officer. 5. A verbatim, written or mechanical record shall be made of all motions, rulings and testimony. The record need not be transcribed unless requested for purposes of rehearing or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. ORDINANCE NO. 3256 Page 2 of 3 Page 356 of 377 6. Written testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder Municipal Court no less than (5) five working days before the date of the hearing. 7. Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the department head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute Jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. (Ord. 2992, amended, 10/06/2009; Ord. 2971, added, 10/21/2008) SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent Jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of PASSED and ADOPTED this day of PASSED by the City Council this ATTEST: SIGNED and APPROVED this day of Alissa Kolodzinski, City Recorder day of 2025, and duly 2025. 2025. Tonya Graham, Mayor Reviewed as to form: Douglas M. McGeary, Acting City Attorney ORDINANCE NO. 3256 Page 3 of 3 2025. Page 357 of 377 ORDINANCE NO. 3256 AN ORDINANCE AMENDMENT TO AMC 2.30 UNIFORM ADMINISTRATIVE APPEALS PROCESS DESIGNATING THE MUNIIPAL COURT AS THE ADMINISTRATIVE APPEAL BODY Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined through, and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Q(y, The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Amending 2.30 to designate the Municipal Court as the Administrative Appeal body. 2.30.010 Definitions A. Depart ient Head. The person holding the position of Department Head for any department of the City of Ashland, or any agent, employee, or designee of the Department Head authorized to perform the duties of the Department Head by express written delegation of the Department Head B. Director The person holding the position of director for any department of the City of Ashland, or any agent, employee, or designee authorized to perform the duties of the director by express delegation of the director. C. Hearing Officer. The Municipal Judge shall serve as the Hearing Officer. In the event that the Municipal Judge is unavailable or has a conflict of interest, the Hearing Office shall be the City Manager, or an outside party not affiliated with the City of Ashland, who is hired or selected by the City to conduct hearings on appeal The City Manager -or -an outside party not affiliated with the City of Ashland that is -hired or selected by the City to conduct a hearing on an appea (Ord. 3192 § 34, amended, 11/17/2020; Ord. 2971, added, 10/21/2008) 2.30.020 Administrative Appeals Process Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly ORDINANCE NO. 3256 Page 1 of 3 Page 358 of 377 authorizes use of this appeals process. Land use decisions subject to AMC Chapter IS shall not be subject to the appeals process in this chapter. Appeals processes are as follows: A. A person appealing the Department Head's or Director's action shall, within 10 Days of such action and mailing of written notice, file a written notice of appeal with the City Recorder Municipal Court. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or jurisdiction for the appeal, a statement of the appellant's standing or right to be heard, the nature of the decision being appealed, a short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved, and the result the appellant desires on appeal. B. The City Recorder Municipal Court shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify oti y the appellant in writing of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set by resolution of the Ashland City Council. at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council. D. The parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on appeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The Hearing Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City, and it shall be issued in writing. The Hearing Officer shall at a minimum: 1. At the commencement of the hearing, the hearings officer shall explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2. At the coniniencement of the hearing the hearings officer shall place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made to the officer outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the Parties are prohibited from engaging in ex parte communications with the hearing officer. 3. Testimony shall be taken upon oath or affirmation of the witnesses. 4. The Hearings officer shall insure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration for the issues properly before the hearings officer. 5. A verbatim, written or mechanical record shall be made of all motions, rulings and testimony. The record need not be transcribed unless requested for purposes of rehearing or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. ORDINANCE NO. 3256 Page 2 of 3 Page 359 of 377 6. Written testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder Municipal Court no less than (5) five working days before the date of the hearing. 7. Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the department head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute Jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. (Ord. 2992, amended, 10/06/2009; Ord. 2971, added, 10/21/2008) SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent Jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of PASSED and ADOPTED this day of PASSED by the City Council this ATTEST: SIGNED and APPROVED this day of Alissa Kolodzinski, City Recorder day of 2025, and duly 2025. 2025. Tonya Graham, Mayor Reviewed as to form: Douglas M. McGeary, Acting City Attorney ORDINANCE NO. 3256 Page 3 of 3 2025. Page 360 of 377 Council Business Meeting �D�ate:: March 4,2D25 Agenda Itern Resolution 2025-02 A Resolution of the Cfty of Ashland Rescin6ng all Former Memoranda of Understanding in Light of the Passage of Ord�inance 3248, which Created the Ashland Parks and Recreation Department From Doug McGeary, City Attomey, Acting, Carmel Zahran, Assistant Cfty Attorney Contact douig.mcgeary@ashland.or.uis, SUMMARY Or6nance 32�8's passage necessitates rescin6ng prior MOU's between the City and Parks and Recreafion, estabNshing the or6nance as the governing authority. POLICIES, PLAN�S & GOALS SUPPORTED BACKGROUND AND ADDITIONAL INFORMATION Ashland prev�ouek/used Memoranda cfUnderstanding (K&D0e),starting in2DOg,tod�efinereeponeiN|itiee between the City Council and the Parks and Recreation Commission (AJPRC)ooncernMgpark management. These MOUs aimed to cUarjfy the 60sion of duties and respons�bilities. However, the recent passage of Or6nance 3�48 supersedes these MOUs, establishing the or6nance as the primary governing authority for APRCoperabonevviftn the city. This action also clarifies record -keeping by establisNng Ordinance 3248 as the sole govern�ng document, refecfingthe co|UaboroUvework ofParks Commmiea�onena. City staff, and the City CouncN in eetabUiehing the Ashland Parks and Recreafion Department (Ordinance 3248 passed second reading February 18, 2025). FISCAL IMPACTS This will have nofinancial impact. Rather, Userves aean admMietratvec|ahfication. Staff recommend passing the resolution with the foUow�ngmotion: "l move to approve Resolution 2025-02." REFERENCES & ATTACHMENTS 1. Resolution 2025'D2Rescinding Former Parks K&OU'e Page scfz [Page 301of377 RESOLUTION NO. 2025-02 A RESOLUTION OF THE CITY OF ASHLAND RESCINDING ALL FORMER MEMORANDA OF UNDERSTANDING IN LIGHT OF THE PASSAGE OF ORDINANCE 3248, WHICH CREATED THE ASHLAND PARKS AND RECREATION DEPARTMENT RECITALS: A. The City of Ashland and the Ashland Parks and Recreation Commission (APRC) previously utilized a series of Memoranda of Understanding (MOUs) to delineate responsibilities for park and recreation management and related services. B. On February 18, 2025, the City Council recently adopted Ordinance 3248, establishing the Ashland Parks and Recreation Department, thereby creating a comprehensive legal and operational framework governing its operations. This ordinance supersedes all prior agreements addressing these matters. C. This resolution serves as an administrative clarification, formally acknowledging Ordinance 3248's supremacy and ensuring accurate city records, while recognizing the collaborative efforts that shaped its creation. THE CITY OF ASHLAND HEREBY RESOLVES AS FOLLOWS: SECTION 1. The Ashland City Council rescinds all past Ashland Parks and Recreation memoranda of understandings, honoring the supremacy of ordinance 3248. SECTION 2. This resolution is effective upon the effective date of Ordinance 3248. This resolution was duly PASSED and ADOPTED this 4th day of March, and takes effect upon signing by the Mayor. Alissa Kolodzinski, City Recorder SIGNED and APPROVED this day of i 2025. Tonga Graham, Mayor Reviewed as to form: Carmel Zahran, Assistant City Attorney Resolution No. 2025-02 Page I of I Page 362 of 377 MEMORANDUM OF UNDERSTANDING ASHLAND CITY COUNCIL AND ASHLAND PARK AND RECREATION COMMISSION Agreement made this day of August, 2014, between the Ashland City Council and the Ashland Park and Recreation Commission and is effective upon signing by the City and Parks. RECITALS A. Under the Ashland City Charter, the Ashland City Council is the sovereign authority over all matters of City-wide concern and the owner of all land and other assets held in title by the City. B. The Ashland City Charter creates an elected Ashland Park Commission, which also serves as the Ashland Recreation Commission, and empowers the Commission with "control and management of all the lands here dedicated for park purposes," and further empowers the Commission with "control and management of all park funds, whether the same is obtained by taxation, donation or otherwise." C. The City Council and Parks Commission wish to clearly define what is meant by "management," and what the responsibility of each entity is within each aspect of management and to memorialize these responsibilities in this memorandum of understanding. D. Management is generally defined as planning, organizing, budgeting, directing and evaluating as described in exhibit A. E. For purposes of this agreement, "City" means the Ashland City Council or the City Administrator, to whom the Council has delegated management responsibility, as well as any other individuals to whom the City Administrator has delegated specific responsibilities as contained herein. "Parks" means the Ashland Parks and Recreation Commission or the Parks and Recreation Director, to whom the Commission has delegated management responsibility, as well as any other individuals to whom the Parks and Recreation Director has delegated specific responsibilities as contained herein. Now, therefore, the City and Parks agree as follows: 1. Planning. A. Parks responsibilities: 1) Parks will develop master plans for the development, operation and maintenance of lands and facilities under its control. 2) Parks will develop and execute functional plans regarding the allocation of staff Page 363 of 377 and monetary resources for the operation of facilities and delivery of services within its scope of authority. 3) Parks will develop and propose capital improvement plans (ClPs) for the expenditure of funds that have been dedicated to land acquisition and park/open space development. 4) Parks will create rules for use of park land and facilities, providing such rules are not in conflict with other ordinances of the City. B. City responsibilities: 1 ) The City will maintain and periodically update the Comprehensive Plan, including Chapter VIII, Parks, Open Space and Aesthetics, which serves as the guiding document for all master plans, functional plans and capital improvement plans. The City will consider and respond to recommendations from Parks when amending or updating the comprehensive plan. 2) The City will include the Parks C I P in its biennial budget, subject to section 3.B, below. The City will determine and implement all funding mechanisms for capital improvements (including Parks SDCs), other than donations and grants from non -City sources, and will determine the timing, manner and method of debt financing, if necessary. 3) The City will, as necessary and upon the advice of the Park Commission, adopt or amend the ordinances comprising Chapter 10.68 of the Ashland Municipal Code (Public Parks). 2. Organizing A. Parks responsibilities 1) Parks will determine the nature and structure of functional divisions in the Department and how best to structure day-to-day responsibilities among and within functional divisions. 2) Parks will allocate appropriated resources within budget limits for the purpose of achieving its adopted goals and objectives, as well as the smooth day-to-day operation of the Department. 3) Parks will continue to contract for services as necessary and appropriate. When contracting for services, Parks will adhere to all provisions of AMC Chapter 2.50, Local Public Contract Review Board, and shall use only those bid forms and contracts that have been approved by the Finance Director, Public Contracting Officer and City Attorney. 4) Per City Council Resolution 2013-25 and AMC 2.16, Parks will, with the assistance of the Human Resources Office, hire its parks and recreation director, including development of search criteria and interview processes. 5) Parks will continue to provide a representative to the City risk management committee. B. City responsibilities 1) The City will serve as the Local Contract Review Board. 2) The City will develop and enforce all codified public contracting rules. 3) The City will develop and enforce all codified personnel rules, as well as Page 364 of 377 administrative policies necessary for compliance with state and federal laws. 4) The City will develop and enforce all risk management policies. 5) The city administrator will seek input from the parks & recreation director when developing public contracting rules, personnel rules and administrative policies, and risk management policies, whether for formal adoption by the City Council or administrative approval. 3. Budgeting and Financial Management A. Parks responsibilities 1) As part of each annual or biennial budget process, using whatever process it deems appropriate, Parks will develop and recommend a budget to the Budget Officer. 2) Parks will set recreation fees and rental rates for all Parks -related facilities except the Community Center, Pioneer Hall and the Grove, for which Parks will recommend rates for adoption in the City rate review process. All Parks fees and rates will be included in the City's Master Rate and Fee Schedule. B. City responsibilities 1) The City reserves and will employ all authority assigned to it under Oregon Local Budget Law (ORS 294), the Ashland City Charter and any other applicable law. This includes the authority to: a) Appropriate funds; b) Adopt an annual or biennial budget; c) Refer tax measures to the voters; d) Set the City tax rate within the limits of the City's Measure 50 permanent tax rate; e) Provide funding for capital improvements, including the issuance of debt; f) Establish new, increased or decreased taxes, fees and charges (except fees and rental or program rates set by Parks), including such taxes, fees and charges as may be established without voter approval; and g) Commit discrete revenue streams to specific purposes. C. Other responsibilities for accounts payable, accounts receivable, payroll, purchasing, cash receipts, fixed assets and project accounting are shown in the attached exhibit B. 4. Directing A. Parks responsibilities 1) Parks will assign duties and responsibilities to Parks staff, consistent with position descriptions and the operational requirements of Parks. 2) Parks will develop and implement policies and procedures regarding park land maintenance. 3) Parks will establish priorities for Parks staff. 4) Parks will implement procedural work policies for Parks staff. 5) Parks will create and maintain current position descriptions for all Parks staff positions. All position descriptions will continue to be reviewed as to form by the City Human Resources Manager. Page 365 of 377 6) In directing the work of Parks staff: a) Parks will continue to adhere to all provisions of AMC 3.08, General Personnel Policies and Employment Responsibilities. b) Parks will continue to adhere to all City administrative policies. Parks may adopt rules, regulations, procedures and administrative policies that are specific to its operations. Such administrative policies shall be in harmony with the requirements established in the City's codified personnel policies and adopted administrative policies and shall in no case be less restrictive than the City's adopted policies. Parks shall continue to adhere to the City's adopted administrative policies regarding Prevention of Violence in the Workplace, Harassment and Non -Discrimination, Vehicle and Motorized Equipment Driving, IT Security, Electronic Media and Technology Use, Family Medical Leave, Equal Employment Opportunity and Affirmative Action, and Military Leave. c) Parks will continue to take no disciplinary action against any employee beyond a verbal reprimand without first consulting with the City Attorney and Human Resources Manager. d) Parks will continue to ensure that all employees attend mandatory trainings; whether mandatory as determined by the City Human Resources Manager, the City Risk Manager or by state or federal law. e) Parks and Recreation Director will, in consultation with the human resources manager, establish classifications for Parks employees. The Parks and Recreation Director will also establish compensation and benefit packages for Parks employees, subject to the statutory budget process. f) Parks, with the advisement of the City Human Resources Manager, will establish COLAs for Parks & Recreation employees, subject to the statutory budget process. g) Parks will continue to complete Personnel Action forms, under the supervision of the Human Resources Manager. h) Parks will coordinate all Parks -related worker's compensation claims, under the supervision of the Human Resources Manager i) The Parks Department can develop its own Facebook and Twitter pages, as well as YouTube videos for instructional and educational purposes, The Parks Department will comply with the City's Website and Social Media policy, except that the Parks Department may develop non city -standard web sites for senior populations and stand-alone recreation enterprises. Parks will, to the greatest extent practical, adhere to the provisions of the City of Ashland Employee Communication Guide, until the Department, in cooperation with the City, prepares its own Employee Communication Guide. B. City responsibilities 1) The City will establish citywide personnel rules and policies. 2) The City will establish city classifications and compensation rates. Parks will work toward aligning classification and compensation rates with City structure whenever it is possible and appropriate. 3) The City will maintain all personnel files, including Parks', which will be kept in Page 366 of 377 secured storage in the Human Resources Office. Personnel files will include training records. Electronic versions of Personnel Action Forms prepared by Parks staff will be stored in a secure folder on the City network, to which City HR staff has access. 4) The City will process all worker's compensation claims and will complete the annual OR -OSHA 300 Log. 5) The City will continue to coordinate the enrollment of all Parks employees in City benefit programs. 6) With the exception of the Parks and Recreation Director, the City will oversee all recruitment and selection processes, including: a) All job postings will be processed through the Human Resources Office and posted using NEOGOV or any succeeding software. b) Interviews will be scheduled/coordinated by the Human Resources Office, which will also provide input and assistance with the interview process, including development of interview questions, providing instructions to panelists, and distributing final interview packets to panelists. Panelists will be selected by the hiring manager in Parks. A Human Resources representative can serve as a panelist if desired by the hiring manager. c) Written job offers and advanced acknowledgement of the "critical" City policies will be handled by the Human Resources Office (excluding part-time temporary hires). d) The City will conduct background checks on all new hires in temporary or regular positions, using a third party vendor if necessary. e) In coordination with Parks, the City will provide orientation on City benefits for all new hires, or employees who promote into a regular position with benefits. S. Evaluating A. Parks responsibilities 1) Parks will evaluate employee performance (supervisors) and conduct annual reviews using City -standard evaluation forms or other forms that have been approved by the Human Resources Manager. 2) The Parks Commission will evaluate the performance of the director. 3) Parks will analyze program performance to ensure effective and efficient service delivery 4) Parks will review and analyze all general ledger activity reports to ensure accuracy 5) Parks will analyze and categorize physical conditions of facilities under Parks control 6) Parks will cooperate with auditors during on -site audits and throughout the year, and shall accept the CUFR after it is approved by the Municipal Audit Commission. B. City responsibilities 1) The City will monitor budget compliance 2) The City will prepare for annual audit, including: a) Compile year-end figures and financial reports, and assure balancing of funds Page 367 of 377 b) Work with auditors during on -site audits and throughout year c) Generate CUFR (or blended CAFR if required by GASB 61) d) Communicate with and staff the Audit Committee e) Assure compliance with State of Oregon Statutes and provide documentation to State For the Parks & Recreation Commission a" INOT Ott' , " W.,�Wffla 0 OR M1741,111TIM W! For the Ashland City Council: —Stromberg, mayor Page 368 of 377 Exhibit A Management: Planning; Organizing; Budgeting; Directing; Evaluating Planning Parks Master plans Functional plans Capital improvement plans Create rules for use of park land and facilities Organizing Parks DetermiriefunCtional divisions Allocation of appropriated resources Contract for services within limits Budgeting Parks Recommend budget to Budget Officer Set recreation fees and rental rates* city Comprehensive plan (parks input) CIP funding, incl. debt financing City Local Contract Review Board Qi Ity Appropriate funds and adopt budget Refer tax measures, set. tax rate exc. Comm. Ctr., Pioneer Hall and The Grov CIP funding, incl. debt financing I Establish other revenue streams Establish SDCs Directing Parks City Assign duties and responsibilities to Parks staff Establish citywide personnel rules and policies Establish priorities for Parks staff Establish city classifications and compensation rat( Procedural work policies Policies re park land maintenance Establish personnel rules and policies (with guidance from Legal, Finance and Personnel) Establish classifications and compensation rates Determine COLAs and benefits Evaluating Parks Evaluate employee performance (supervisors) Evaluate director (commission) Analyze program performance Monitor budget compliance Analyze and categorize physical conditions QU Monitor budget compliance Page 369 of 377 r_ r-. r) a 0 r- cY) w 6% 'yq Uk WPI .0 C) at C1f G >" YC7 45 E m Ca" y d Cm" L e✓b N rL a) 43 © cu '0 a) m 0 " �r r eryb C: cst CC-d, u `rsCni .CL a w R 2 a ." c F O u .�±+ c ui 0 y „C„T .� Ga u m g 'Cc c c c a cC% aS c E a F U Eu "Z c P e au � CL y JT mar a m aG 0 ° a"i � s`ci cn u 3 -0 fA P y G q mEi C n 4 '' c Cz ii y em C: g cy .E' o w E l7 ':.. 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K4��7 65 .o 0 0 OBE ..�..b 0 y � :�'' b .tp a Gyv da ..y., s+�r � da 2 U c'� � m ,u .b my w ,C'Cu C C'�} en m gruEc ur cs p` O c c C uE L7 w 16 8 a5 s ro N rfi GN `— CL + Ga � g A � [PD 47.7 C 10 � sa E > s Las - - rCL ns 4tl ixf 'p Gv Ey s " t M cU., t`i c Eau :? c� 2 r CL .C- C m M C .c C. .149 ,1�. > 9u m 7 N.L.. C �N C `� M .E C] C6 Q7 CS.. N 4'1 CGY 4F 'C RS G.V i6 i.. 40 E' 'C, 'C G. R.. 6b 0 t6 C Y «f a 0)' 0o CQa C /b G7C C C C7 % C: C GD N' flA ry y fiY y ca N iY Gary y G5 N E y M hla CY uj '"2 OC N.ta LNb cat z Uj LU X m G° <£ ca Z LLI Y C) 0. vi .mow CL cr 'CD L.., to �' .t5 cl ryGyD 4Y �' Gar . t�5 fulyy �'+ tea. O 41 `Ip. yy GE3 "Q G GuGpup 0312 es -ILI ML rn,1111111:11;a", City M�anjag�er"s Report CITY MANAGER'S OFFICE: • A big thank your to our Water Division for thek exceptional efforts dluiring the recent storm,. Despite freezing temps, Wilber Gonzalez, Tyler Ramsey, Spencer, Ramsey and Travis Bennett (all pictured below), wth help from Austin Raccai, worked tirelessly to repair water leaks andl assist residents. We also want to extend appre6aflon to all City Departments, including Electric, Public Works (streets, Cemetery, Facilities maintenance & Fleet Divisions), Parks, Facilities, Fire, Police, innovation & Technology and Emergency Management, for their hard work and dedication dluiring the storm. Your igether!- During the recent storm ouir, most popuilar social media post on Facebook offered a "Shout Out" to staff and also reminided residents how to report a non, -emergency issuie, such, as a power outage, via our new S,eeClickFix aipp, ashilainidoiregoingov]See,CllickFix. The post received 824 LIKES, 60 COMMENTS andl 30 SHARES,! View our Facebook page at face book. coimi& intyofAs h la ndlOiregoin. Paige I of 7 FAR 0,11111/;;Iis Page 371 of 377 rn,1111111:11;a", City M�anjag�er"s Report • The City is in the process of implemenflng a records reqluest software program called Justfoia. Ms new software will alllow requesters to create an, account, which will) contain gill their requests and response documents for downloading. It will incluide an easy -to -use payment portal and the ability to search for other record requests as they become available. • Staiff are working on a timeline for renovating the municipal Court/council Chambers with fresh paint, new chairs, City logo and more! • Every two years or so, the City conducts a Livability Survey to better understand Ashilaind's quality of ffe, and how it has changed over flme. The results for the Ashland Uvoibility Survey 2024 coin be found at a s In I a in d 0 reogan,_qoylili i I i t Ou ry-ey-. • Rogue Retreat is managing the overnight severe weather shelter ait 2200 Ashland St, from Joinuary 11 througih March 31, 2025. Staff recently met with Rogue Retreat to discuss operations. They have received posiflve feedback from the neighbors who are pleased with how the shelter is operating. • The Better Prepared Wildfire Workshop Series is under development. The City is collaborating with, Ashlaind.news, Ashland Together and the Ashland Climate Collaborative to bring thus important series to the 6tizens of Ashland. The theme is, "Take action to be better prepared!- Hiold the dates for the following events: • Wildfire Preparedness, April 21, at Carpenter Hall • Ashland Wildfire Protection Plan Open, House, May 4, at The Grove • Protect Your Home & Yard, virtual Event on May 14 • Evacuation, Planning & Practice at the Mstoric Ashland Armory, Juliy 116 Information, on the series will be avaiilableait ashllaindo,iregn.go,v/BetteirlPrepeal redSeries. The joint EOC (Emergency Operations Center) continues with monthly meetings and traininigs. The EOC is a collaboration between, the City of Ashland, the Ashland School District and Southern Oregon University. In January, a research team from Boise State University (BSU)* led ai regional tabletop wildfire exercise. Representaflves from multiple orgainizations/jurisdictions in Southern Oregon took part, and included Fire, Pofice, Schools, Secudty, Technology and Communications. The BSU, "Household Response to Wildfire," research project will include a community survey that will go out to a random selecflon, of residents in the cities of Ashland and Talent. The survey will) be launched toward the end of March. Jackson County is working in coordination with, the City to update and improve our emergency messaging platform, Everbridgie. As part of these updates, the local name for Everb6clge/i will) be changed to Jackson Alerts, previously known as Citizen Alert. All existing accounts and prior opt -ins will be retainiedi. On, March, 3, Jackson County Emergency Mianiagemenit, in, cooperation with Ashilaind, Talent, Medford) and Central Poinit, will launch a media campaigin to announce the new name. Residents will be encouragied to review their existing accounts, make any necessary updates, sign, up if they haven't alireadiy and learn, about the Jackson Alerts system in our regiion. The City will follow up with additional coverage in, Mlarch and April. Paige 2 of 7 onrl,1114111/iis Page 372 of 377 rn,1111111:11;a", City M�anjag�er"s Report • Jackson County Emergency Managers met in late February as part one of two annually scheduled meetings to review the NHMP (National Hazard Mitigation, Plain) and discuss grant opportunifles to update the plan in 2027. 0 Office Hours ait City Haill: • councilor Jeff Dahle - 3rd Mondiay of each month from 2 to 3:30 p.rni. • Councilor Bob Kaplan -1st Monday of each, month, from 1 to 2-30 p.m. • councilor Gina DuQuenine -1st Thursday of each month from Noon, to 1-30 p.m. • city Manager Sabrina Cotta - Thursday each week from 8.30 to 10 a.m. office hours exclude holidays. • The March 2025 City Newsletter wilil be available by Fdday, February 28, of cislhllaindo,iregoini.,qovityNewslletters. • Website analytics for the City of Ashland for Februiary 2025 - The storm in Februiary increased wei traffic by approximately 8 to 10%,. 7'he figures below areas of February 26. 0 Total Users: 24,554 0 Top 3 search termis- • Power Outage • Snowplow Routes • Live Webcam Top 3 page views- 0 Home page cit 9,5917, ash Iando_re_qQ11.g0V 0 Live Streams at 6,309, ashilandire goft.qoylliveStrie - amis* 0 Utility B,ililing at 3,358, aish�andloirgo,ini.gov,/UtilitylBilliiing *The top live stream viewed was the Downtown Plaza Cam with,: 7,200 v�ews (3,100 in Joni) o COMMUNITY DEVELOPMENT: The Community Development Department has expanded its Citizen Self Service permitting portal to include online suibmission of one- & Two -Family Dwellings/ADUs/Commerciail Tenant Improve me nts/C hainge of use/Tree Removal Permits/ and Type 11 Land Use Acflons. The Ciflzen Self Service portal provides access to 29 different building, planning, public works and fire permits, allowing users to conduct business with, the City 24/7. Through Citizen, Self Service, residents and buisiness owners have real time access to their projects status, includiing the latest updates, next steps and online inspection scheclui Learn, more at alls,11i dp, qqn,S;WQnliinqPeirmJts. I'l, I I'l, 11 ... ...... ...... Page 3 of 7 FAR graw/;;Iis Page 373 of 377 rn,1111111:11;a", City M�anjag�er"s Report J I Iq FA 0 [*1 0 Budget Process... Received department budlgets, reviewnig and working through, each of them. 0 Finalizing the Finance Department, -work from Home Policy.- 0 Continuinig to review Payroll Software opflons for process automation. 0 Payroll staff are in the process of completing SOLI (Bureau of Laborand Industries) Training. 0 Purchiasinig Speciafist Keanna Kh1afallah, has been accepted to Oregon Procurement Group. FIR,E: After 32 years of dedicated service to Jackson County, includling the past seven with Ashland Fire & Rescue, Chiief Ralph Sartain, announced Ms retirement, effective March 31. Details at )n). Chief Ralph Sartain • Fire & Rescue have the following employment opportunifles. Single Role EMT, Single Role Paramedic Firefighter/Paramedic - Apply at The deadfine to apply is April 4. INNOVATION & TECHNOLOGY (DOLT): • City crews Remove Defunct Satellite Dishes... In (late February, crews from, the Electdc Department, Ashland Fiber Network (AFN) aind the Streets Divisions worked together to remove eight defunct satelfite cl�shes from City property. The dlishes were originally installed in the late 1990s and used for cable TV service, which is no longer provided. With the removal complete, the newly cleared space is expected to be reconflgured for ongoing storage and expanded employee parking, improving efficiency and site utHization for 6ty operations. This effort reflects the City's commitment to maintaining functional and well-orgainized inif rastructure while adapting to changing service needs. Page 4 of 7 rnai/l/l/iis Page 374 of 377 rn,1111111:11;a"', City M�anjag�er"s Report 0 Upgrading VPN to nn�tigate cyber-attacks. • computer lifecycle replacements in, process... 20 computers immiediately and 60 to 80 by June 1, 2025. • GIS staff acre working closely with the Wildfire Division on, a wildfire risk analysis for the whole city that considers a rainge of factors such ais vegetaition, ladder fuels, slope, aspect and proximity of buildings. • GIS Management Team (Lea Richards, Chad Sabotkai, Mariane Berry) will represent the City of Ashland at the ESRI CIO Summit milcl-March. This summit is hosted by ESRI, our GIIS software company. • In February, Dena Adaime, celebrated 25 years with the City! She was also voted Employee of the year, representing Innovation & Technology in, 2024. She has been an, invaluable asset to the AFNI (Ashland) orkers and AFN cuistomiers. FAIMOMIUMMAN PARKS & RECREATION: • As of February 117, the Ashland Rotary Centeniniail Ice Rink is closed for the season. The rink will reopen in November 2025. • The first PROS (Parks, Recreation, open Space and senior services) strategic plan survey is open througih Mairch 15. The PROS, kickoff meeting will be April 8, at the Ashland Senior Center. Parks & Recreaflon, staff are currently schedluiling focus girouips aind neighborhood meetings to captuire as much citizen input as possible. • Staff continue to clean up from the storm in, early February. All parks are now open. The Lithia Pickleball Couirts sustained fencing and light pole damage and will remain closed until repairs can be made. Page 5 of 7 FAR gralls;i1is Page 375 of 377 rn,1111111:11;a"', City M�anjag�er"s Report • A huge shoutout to the incredible Pairks Operations crew for their hard work cludnig the recent snow event. Braving harsh, conditions, they cleared snow from parking lots and sidewalks, applied wind and ice-mielt to especially icy areas, kept restrooms open, clean and accessible, and removed downed trees from roads and parks —sometimes working alongside the Electric Department. They also installed signagie and caution tape to warn the public about h,iglh winds, hazardous leaning trees and hanging brainches. As access improves, the open Space and Trails Team will conduct hazard assessments on, the trail system, reopening trails once they are deemed safe. With the extensive damage to pairks and trails, the work is just begiinning. Thank your to our Open, Space and Trails Team for helpinig keep Ashlandlers safe while they recreate! POLICE: 0 Participated in a DUI Training with other agencies at the Jackson County Shedff's Office. 0 Assisted an out of State agency in the apprehension of a wanted fugitive. 0 Re-estobfished a fully staffed Records Team. PUBLIC WORKS: • The renovation of Pioneer Hall is on scheduile and should be completed by spring 2025. Finish work is ongoinig with ai target completion date of early April. Completion date is driven by the delivery of longer lead items iniclluding cabinetry and doors. As such, there is some risk to completion date if currently forecast delivery dates are not met. r Hall M Page 6 of 7 onrl,1114111/iis Page 376 of 377 rn,1111111:11;a", City M�anjag�er"s Report • The renovation of the Community Center is slowly starting to be worked on again as the team takes the direcflon provided by the MAC and City Council and updates the design and contract to ref llect the new work scope. Ms includes continuing to find new cl�scoverecl work which needs to be dealt with, (the latest has been weak soils and) a h,iglh water table under Community which has required updated foundation design). The current forecast for compleflon of Community is (late Summer, early Fall 2025 WHAT'S, COMING UP? SHIOW ME THE MONEY -April 2 through May 21 If you are over the age of 50, register for the City's OLL11 course, Show Me the Money: Finances of Local Government, to learn about the City of Ashlandl's fund structure, revenue streams, major expenses and what the City can and coinniot spend money on. Register at sou.edu, - / 1J, staffing March, 17. Classes will take pllace via Zoom, on, Wednesdays, from, I to 2 p.m., begiinning April 2aind ending May 21, 2025. For those who can't attend, video recordings will) be posted on, the City website. ROGUE VALLEY BIIKE SWAP -April 26, Noon to 2:30 p.m. The 33rd annual Rogue Valley Bike Swap will be Noon to 2:30 p.m,. on, Saturday, April 26 at The Grove, 1195 E Main St., Ashland. Admission to the swap is free! Buiy, sell or donate ai bike, parts or accessories at thus festive event. Register your Mike with the Ashland Police Department, learn about Mike events and advocacy efforts in your community, and engage in ai youth bike rodeo at 12-30 p.m. A portion of each sale will go to fund youth bike education programs in local public schools. For details on selling, donating, volunteering and more, visit RVTQ,0rg/4JkeSwap. • Ashlaind-Sviaitohirs'k Aid Project (ASAP) -March 30,2 p.m. In 2023, the City Council unanimously approved a new sister city partnership with Sviatohirs'k, Ukraine. Theis special relaflonship supports humanitarian aid and funidraising efforts within, the Ashiland community to help the residents of Sviatohirs'k overcome the devastation caused by the Russian occupation. Mark your callendlars for the next ASAP event, a benefit concert and informational gathering scheduled at the Ashlan+dl High School Mountain Avenue Theatre on Sunday, March 30, 2025, at 2 p.m. Don't muss this opportunity for world -class entertainimenit and to show support for our Sister City, Sviatohirs'k. View ASAP's accomplishments since 2023 and (learn more about our Sister City Program, which iniclludes Guanajuato, Mexico, at ash laindo,iregn.gov/sisteirCitie . "We are Better Together.!" Details for these and more City events can be found at ashlandoregan.9-ov, see the Events calendar and the Senior Events calendar. Page 7 of 7 FAR gralls;i1is Page 377 of 377 SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: �.. _ a 5- Name: (Please Print) Ashland Resident: zj n ,per -ter ❑ YES NO City: Agenda Topic/Item Number: Public Forum Topic on -agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM WkAla Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: 3/ �s Name: (Please Print) Ashland Resident: EYES NO City: Agenda Topic/Item Number: Public Forum Topic (Non -agenda Item): Prooscd cjnC4 eS Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Land Use Public Hearing ,� Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement Date: Name: ( Please Print) 06 --� Ashland Resident: [��r YES 0 NO City: Please indicate the following: For tI Against Challenge for Conflict of Interest or Bias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. 4 Land Use Public Hearing Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement Date: G Name: Please Print) W MA ViDy PAI� el, �Ux MARK Ashland Resident: YES NO City: Please indicate the following: For Ej Against Challenge for Conflict of Interest or Bias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. 4& land Use Public Hearing Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement M Date: / lzllz!�) Narri(e:(Please Print) Ashland Resident: YES ❑ NO City: Please indicate the following: For Against Challenge for Conflict of Interest or Bias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Land Use Public Hearin I� g Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement Date: 3 W-25 Name: (Please Print) Ashland Resident: YES 0 NO City: Please indicate the following: ® For Against Q o►ln-5� +" - appecd r2QPF 1 c arr4 Challenge for Conflict of Interest or ias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. isclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or )rofane language. I understand that if I do not follow procedure my ;peaking time may be terminated, and I may be requested to sit down )r leave the building. SPEAKER REQUEST FORM ,� Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: '5/s/zots Name: (Please Print) Ashland Resident: YES NO City: Agenda Topic/Item Number: KGr7TgejL- t?�W_W' zz DPP +- Public Forum Topic (Non -agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Land Use Public Hearing ' Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement Date: '1/� q Name: (Please Print) Ashland Resident: [D.,YES NO City: Please indicate the following: For Against Challenge for Conflict of Interest or Bias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. 4ALO Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Land Use Public Hearing Submit this form to the City Recorder prior to the opening of the hearing. 1) You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to three (3) minutes 5) Speakers are solely responsible for the content of their statement Date: -;+ Name: (Please Print) MAGr,Cam- --7P—G)nVt r-C-->0 Ashland Resident: -'YES NO City: Please indicate the following: For 1r Against Challenge for Conflict of Interest or Bias IF you are chllenging a member (City Councilor or Planning Commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form. The Presiding Officer will address the written challenge. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM wdrrla�*01 Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely respo sible for the content of their statement Date: _3�4a 5--- Name: Pri t) V11l'� �tl Ashland esident: YES Ej NO City: Agenda Topic/Item Number: .K Public Foru Topic (Non -agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. A dt e/I ,I 'y ({ SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: 31� / 9 \_3e Name: (Please Print) ba rf Ashla d Resident: YES ❑ NO City: Agenda Topic/Item Number: 1 gg4fel tfIP-51, e 19P re%fw Public Forum Topic (Non -agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my ,speaking time may be terminated, and I may be requested to sit down or leave the building. In r- -e I (-,)I 6 �r SPEAKER REQUEST FORM PrUMAK Submit this form to the meeting Secretary ette2 cJagdhe,�, prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Dat - 6 k�r( Name: (Please Print) LL -3 - kT Ashl , nd Resident: YES NO City: Ag{enda Topic/Ite)m Number: - /�Q J Public Forum Topic (Non -agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Hello, My name is Daniel DeRoux, residing at 909 Plum Ridge Drive, Ashland. We, the residents around the Kestrel Park Development, as well as the Mt. Meadows Board, have submitted our request for an appeal to the proposed Kestrel Park Development based on the proposal not meeting code and for the threat of wildfire evacuation gridlock. Specifically: City code 18.3.5.030 states that the proposal shou►d demonstrate conformity to general design regulations of the North Mountain Neighborhood Plan, including density, transportation and building design orientation. We contend that the proposal does not conform to the North Mountain design requirements in that: 1- Density is reaching 46 units. 8 units are 360 sq' and 8 are 603 sq.' apartments, with the possibility of adding 10 more ADUs. Julian Square Alley currently serves 10 units and the proposal adds 16. Julian Square Alleys is effectively a one way alley and often requires backing up and turning around to get out. This is in the most challenging, restrictive, and obstructive location. 2- Transportation- North Mountain has no transportation and relies on automobiles to reach downtown or shops. 3- Design- All 16 units in Area 6 will be 26' in height, according to the renderings here on sheet 16. At the top of the hill, this height will completely obstruct the views of the surrounding residences, while larger homes are planned for the lower hillside. When most of the owners purchased their residences, it was with the understanding that phase III would be approximately 24 single story family homes.We were assured that the the development planned to locate the smaller units at the lower end of the property. Not in this plan. This plan greatly impacts the values of the existing structures because the valley view we invested in will be replaced by apartment buildings. City Code 18.3.5.100 states that the primary elevation is oriented toward the street and that excessive repetition of identical floor plans and elevations shall be discouraged. We contend that the 4 units of Lot 38 do not comply as they are clearly oriented with fronts on the alley. Code 18.3.5.100.c.3 Alleys. The alley cross section is a 20-foot wide right-of-way which contains a 12-foot wide improved alley and four -foot planted or graveled strips or shoulders. So, these front onto an alley, not a street. The fronts, as described in the N. Mountain Neighborhood Plan, have covered porches, gables, pillars, eaves and decks, which these clearly have. Parking is in the back. The units of lots 37, 38 are identical and repetitive, as are the units of 39 and 40 with only some slight changes in siding treatment. City Code 18.3.9.040 A3 refers to fire protection and adequate transportation. We contend that there is no transportation. Fire protection is a big issue considering that the KDL report expects gridlock within 10-15 minutes after evacuation orders are issued. The level of congestion is already life threatening but adding more density is throwing fuel on the fire, so to speak. For the hundreds of residents of the Kestrel neighborhood. There are only two exits onto North Mountain . North Mountain is also the designated route for the Riverwalk, Village Green, and East Hersey neighborhoods ... with one exit. This route will be shut down and the buses that will be trying to evacuate Mountain Meadows and Skylark will not be able to move. We are not anti -development, but we feel that over the years, the Kestre► Park design has morphed into an unacceptable, unappealing, unsafe design. Not all lots are safe for high density building. These are not the concerns of a few neighbors, our views are echoed by the 200+ residents of Mt. Meadows who signed the submitted statement. Thank you- Good Evening, Madame Mayor, City Council Members. My name is Mark Abelle. I live 902 Patton Lane. Thank you for your service to our community. It is my hope that you are listening to this appeal with your hearts as well as with your minds. Before I begin, I wish to reassure you that this appeal is not a case of NIMBY, meaning —not in my backyard. All who have purchased residences in the area surrounding the Kestrel property knew that someday the hillside would be developed. It is the n i and certain aspects of the design that are concerning. The plans for the North Mountain Neighborhood were drawn .- decades ago when high density infill seemed like a good idea. However, in today's real world of climate change, this density is now a serious safety issue. In that context, we see that the developer has maxed out his density allowance. The emergency evacuation of the neighboring citizens and of the new residents of the application before you have not been addressed. I am sure you are aware that public transportation is nonexistent for this area so it must be assumed that residents will have vehicles. Because of the increase in vehicles, the narrow streets and the limitations of the alley system make emergency evacuation even more difficult than it already is at this time. �_ '.,sY }�� r r;_ t� ��. i4.i. .. � e L... Y _ �. ::� �' ;�'. �.dv y � .` .. :_ ;;. ��.. � - 1 \v' k� _ �: ,� ,. ~~ V,1 ...._ ty ^'' ,J 1 `J ... �{�.. �! ��. ''„} _J F' {Y v y� .�.... .. ._A^ �... . y, .... �,� ... "R jj,: iJ E 1? � - . - -.r:_ je•. 1 1, n� ., `i`. i� _ tL' �' �_... S� �.« I. _ \._ �. _. ��. ,I. �. ..." �:+.« ,,.. I� a._.. Jyt,+J^., �.. F- P -:, S^�"r �.i E^� �.�� ... � `Z _ . 1�...1 ...F� � �, i> .. �t+ .. �.a. ._...f �^ f w — _. � u�a +fL h {�'' _, c -.+ .... ti� t� ,� f� _.d.., �: �. •�Y� r � ; .. . �„ � � (� ,J ,.. .� __ . l ... �..,. .�.. ...� .. .- .. 7' ram✓ _.. h- 1 � `� . 'Y { `.�. '.'�1 .. '1 . i �', f C; �. .. •. � �. F•) . �. .�w � �..n �;. ._ tt' »�� _ t - .�\_ ... ,� `... ,.. ;: , -- f v � ..�, �J ��_ .,.i. ._ . �?� !/ T w � , ..i.. _ vL_ -' �:. .� �� `w.i . � .. ... • �� 1... Access and egress for most of the residences in this c� development are dependent on the alley way system, especially in area 6. The plan calls for parking lots accessed via the alleys. These alleys are essentially one way and not designed for even moderate traffic flows. Further, it is very difficult to get emergency, or service vehicles down these alleys. A quote from the excellent KLD Evacuation Study commissioned by the City: "Wildfires, and the impacts thereof, are a critical issue facing the world. During a wildfire, however, the transportation system can become inadequate due to unsafe roadway conditions, abandoned vehicles blocking the roadway, and congestion. As a result, the risk to public health and the environment - and the potential for loss of life - increases." The very worrisome annual fire danger we all face cannot and should not be disregarded. When high density is coupled with street narrowing, you have the recipe for catastrophe. Dropping high density developments into neighborhoods with streets that do not have the capacity to properly evacuate the residents in a timely fashion, is not only unconscionable but borders on the criminal. According to the Evacuation study, the North Mountain Neighborhood will congest within 10-12 minutes. All of Ashland 0 will be congested within 30 minutes. It will take 4.5 hours to fully evacuate the City. If faced with another fast moving Alameda - type , this neighborhood would quickly become a very crispy one indeed. Please stronal consider the safety of the citizens already inhabiting the neighborhood. Homes may burn. Let us make sure we do our utmost to save our citizens and not intentionally put them in harms way. Shouldn't lives take precedent over profit? Don't we all want to get out alive? The devastating fires of Almeda, Paradise and Palisades put an even more urgent light on wildfire safety. This is a quote from an article from the Marin Independent Journal of California concerning all the same issue we are currently facing: "We can no longer ignore the real -world consequences of promoting housing growth at all costs, ignoring the impacts on the safety of our citizens," So, we have raised our issues and concerns to you, Madame Mayor, Council Members. According to Planning, all the boxes have been checked by the developer, the planning commission has given its approval. But, in light of today's overwhelming dangers that climate change has presented to us, does it make this the right thing to o do? Isn't it time to revisit the building and land use ordinances ? To make needed revisions? Isn't time to seriously serve the safety of your citizens? And then go forward. We are asking for a reduction in density and some reconsideration in the overall design. We are asking you to please send the developer"s plan back to the Planning Commission for the reconsideration based on the code violations Dan has raised and the fire evacuation concerns raised by this super -dense development. Thank you for your time this evening.