HomeMy WebLinkAbout2025-10-14_Planning PACKET
Memo
TO:Planning Commissioners
RE: Planning Commission 2025 Annual Retreat
Date, Time & Location
October 28, 2025 from 11:00am - 4:00pm. The retreat will begin in the Siskiyou Room at 51
Winburn Way for discussion topics before moving on to lunch and site visits.
Lunch Options
Lunch will be provided at a location to be determined.
No October, 2025 Study Session
The retreat is taking place in lieu of the October 28 Study Session, so the Commission’s next
meeting will take place on November 11 at the normal time and location.
th
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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Planning Commission Meeting Agenda
ASHLAND PLANNING COMMISSION
REGULAR MEETING AGENDA
Tuesday, October 14, 2025
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you
wish to speak, please rise and, after you have been recognized by the Chair, give your name and
complete address for the record. You will then be allowed to speak. Please note the public testimony
may be limited by the Chair.
I.CALL TO ORDER
7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
1. Staff Announcements
2. Advisory Committee Liaison Reports
III.CONSENT AGENDA
Approval of Minutes
1. August 26, 2025 Special Meeting Minutes
2. September 9, 2025 Regular Meeting Minutes
IV.PUBLIC FORUM
Note: To speak to an agenda item in person you must fill out a speaker request form at the meeting
and will then be recognized by the Chair to provide your public testimony. Written testimony can be
submitted in advance or in person at the meeting. If you wish to discuss an agenda item
electronically, please contact PC-public-testimony@ashland.or.us by 10:00 a.m. on October 14,
2025 to register to participate via Zoom. If you are interested in watching the meeting via Zoom,
please utilize the following link: https://zoom.us/j/92328184155
V.TYPE II PUBLIC HEARINGS
PLANNING ACTION: PA-T2-2025-00060
SUBJECT PROPERTY: 300 Clay St. (Map 39 1E 11CB Tax Lot 1100)
OWNER/APPLICANT: Rogue Planning & Development Services, LLC for Bentella LLC
DESCRIPTION: A request for Site Design Review permit approval to construct four four-plex
buildings as part of Phase 1 in the recently approved Caldera Oaks Subdivision at 300 Clay Street.
Each four-plex consists of four two-story units. Eight of the 16 total units will be deed-restricted
affordable housing. The application includes a request for a Solar Setback Exception to allow the
northernmost four-plex building to cast a greater shadow on the property to the north (2272
Dollarhide Way) than would be cast by a sixfoot fence built on the property line; the property owner to
the north has agreed to the proposed shadowing. COMPREHENSIVE PLAN DESIGNATION:
Suburban Residential; ZONING: R-1-3.5; MAP: 39-1E-11-CB; TAX LOT: 1100
VI.OPEN DISCUSSION
VII.ADJOURNMENT
Next Meeting Date: October 28, 2025 - Planning Commission Annual Retreat
Next Meeting Date:
If you need special assistance to participate in this meeting, please contact Derek Severson at
planning@ashlandoregon.gov or 541.488.5305 (TTY phone number Notification at least three
business days before the meeting will enable the City to make reasonable arrangements to ensure accessibility
to the meeting in compliance with the Americans with Disabilities Act.
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Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
August 26, 2025
SPECIAL MEETING
DRAFT Minutes
I.CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E.
Main Street.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Eric Herron Derek Severson, Planning Manager
Kerry KenCairn Michael Sullivan, Executive Assistant
Russell Phillips Jordan Rooklyn, Deputy City Manager
Absent Members: Council Liaison:
John Maher Jeff Dahle (absent)
Susan MacCracken Jain
II.ANNOUNCEMENTS
1.Staff Announcements:
Community Development Director Brandon Goldman made the following announcement:
The Southern Oregon University (SOU) master plan adoption, previously scheduled to be
heard by City Council on August 19, was postponed until October 7, 2025. He explained
that SOU sought clarification on the application of conditional use permits for projects
within 50 feet of privately-held, residentially zoned property.
The Grand Terrace development at 1511 Highway 99 was postponed from the August 19
City Council meeting to September 16 at the applicant's request. This delay was to allow
time for the recording of a boundary line adjustment that was one of the Planning
Commission's conditions, which Jackson County had approved but not fully processed.
2.Advisory Committee Liaison Reports None
III.PUBLIC FORUM
City residents Bruce Bergstrom and Allison Laughlin spoke regarding drainage problems on Roca
Street.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Chair Verner and Brandon Goldman advised the speakers that the Planning Commission does not
have jurisdiction over infrastructure for existing developments, and that their concerns would be
better addressed to the Public Works Department. Goldman noted that Public Works had identified
the problems and were likely looking to make improvements. He also mentioned that since these
comments related to an agenda item (the Fern Street right-of-way vacation), they should be
presented to City Council when they hold their public hearing on the matter, tentatively scheduled
for October 7, 2025.
IV.TYPE II PUBLIC HEARING Closed Meeting Limited to Commission Discussion & Decision
SUBJECT PROPERTY: Fern Street Public Right-of-Way north of 648 Roca Street
OWNER / APPLICANT: City of Ashland/Public Works Department
DESCRIPTION: The Planning Commission will consider a request to vacate a portion of
the Fern Street right-of-way just north of 648 Roca Street and make a recommendation to
the City Council. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING:
SO; MAP & TAX LOT: Public Right of Way
Chair Verner noted that the Public Hearing had been closed on July 22, 2025, but the record was left
open for written testimony until 4:00 PM on August 26, 2025, and
to public comments submitted prior to the meeting, including a memo from SOU which was
submitted after the packet had been posted (see attachment #1.)
Chair Verner closed the Public Record at 7:15 p.m.
Ex Parte Contact
No ex parte contact was disclosed.
Deliberations and Decision
The Commission discussed several key issues surrounding the application, including the drainage
concerns, pedestrian public access, and the dedication of the riparian area and steep slopes.
Commissioners Phillips/KenCairn m/s that the Commission recommend that the City Council
approve the requested right-of-
following conditions: a pedestrian easement be provided extending from Roca Street to Madrone
Street; the inclusion of a 10-foot public utility easement for a future storm-drain installation along
the frontage of Roca Street as necessary; a deed restriction, for public use of the steep-slope area
on eastern portion of the property and the riparian area along Roca Creek, shall be provided for
permanent public access. Roll Call Vote: All AYES. Motion Passed 4-0.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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V.DISCUSSION ITEMS
1.Special Permits
Deputy City Manager Jordan Rooklyn presented on streamlining the City's special event permitting
process. She explained that currently the City has 11 different short-term event permit types across
six different departments, making it challenging for event organizers to navigate (see attachment
#2).
Ms. Rooklyn's goal is to consolidate all short-term event permitting into one section of code,
overseen by one department, with one application that all departments can review together, and
one permit issued to the permit holder. She explained that creating this system would require code
changes, including two short-term permits currently exist within Chapter 18 that would be moved to
Chapter 2 under the Administration office:
Temporary uses (18.2.2.030.H)
Short-term food truck events (18.2.3.0.145)
The Commission expressed appreciation for the streamlining efforts and supported moving forward
with the proposed changes without waiting for a joint session with the City Council.
2.Legislative Updates
Planning Supervisor Derek Severson presented a summary of legislation from the 2025 state
legislative session affecting land use regulations. The changes primarily focused on housing, with
additional regulations concerning child care facilities, wildfire risk, and other planning matters. Key
legislation included:
House Bill 2138: Addressing middle housing and infill development barriers
Senate Bill 974: Imposing timelines on engineering plan review
House Bill 3560: Requiring cities to allow child care centers as outright permitted uses in
residential zones with density over 12 units per acre
Various bills addressing wildfire risk, recreational immunity, and other planning topics
Chair Verner asked how HB 2005 (citing of psychiatric and behavioral health care facilities) might
apply to a previously reviewed permit for a respite center. Mr. Goldman and Mr. Severson explained
that respite centers were not under the same definition as residential treatment facilities, with
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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residential treatment facilities being used as residences while respite centers had limits on length of
stay.
IV.OPEN DISCUSSION
The commission scheduled its annual retreat for Tuesday, October 28, 2025, with the exact time to be
determined. The retreat would include discussions of public meeting law with the City Attorney,
wildfire safety issues with the Fire Marshal, and potential tours of new developments in the city,
including apartments at Iowa and Garfield as well as the Goodwill development.
V.ADJOURNMENT
Meeting adjourned at 8:10 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Planning CommissionMinutes
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
September 9, 2025
REGULAR MEETING
DRAFT Minutes
I.CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E.
Main Street.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Susan MacCracken Jain Carmel Zahran, Assistant City Attorney
John Maher Michael Sullivan, Executive Assistant
Russell Phillips
Kerry KenCairn
Absent Members: Council Liaison:
Eric Herron Jeff Dahle (absent)
II.ANNOUNCEMENTS
1.Staff Announcements:
Community Development Director Brandon Goldman made the following announcements:
The City Council cancelled its September 2, 2025 meeting.
Deputy City Manager Jordan Rooklyn will attend the September 23, 2025 Planning
Commission Study Session for a discussion item to look at potential changes to Chapter
18 with regards to Special Permits.
The project at 231 Granite, PA-T2-2024-00053, was appealed to the Land Use Board of
Appeals (LUBA) and City staff have compiled the record and sent it to the state for review.
2.Advisory Committee Liaison Reports – None
III. CONSENT AGENDA
Approval of Minutes
1.August 12, 2025 Regular Meeting Minutes
Commissioners Maher/MacCracken Jain m/s to approve the consent agenda as presented. All
AYES. Motion passed 5-0.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Planning CommissionMinutes
IV.PUBLIC FORUM – None
V.UNFINISHED BUSINESS
Approval of Findings for PA-T2-2025-00059, Kestrel Park Phase III
Commissioners Phillips/Maher m/s to approve the Findings as presented. Commissioner
KenCairn recused herself from voting due to a past involvement with the project. Roll Call Vote: All
AYES. Motion passed 4-0.
VI.DISCUSSION ITEMS
Public Meeting Law Training
Ashland Legal Department – Overview presentation and Q&A
Optional Video -Two-hour Public Meeting Law training available for home
viewing: https://www.youtube.com/watch?v=DKaBlcaaGAk
Assistant City Attorney Carmel Zahran provided a brief overview of guidelines for public officials,
including ethics, public records, and public meeting law. She emphasized that that guidelines are
legal requirements imposed by Oregon Legislature and are a matter of ethics, not morality. Topics
included:
Prohibited use of Office
Conflicts of Interest and Potential Conflicts of Interest
Who is a Public Official?
Gifts
Public Records
Public Meetings
Ex Parte Contact
VII.OPEN DISCUSSION
Mr. Goldman reminded the Commission that its annual retreat is scheduled for October 28, 2025.
IV.ADJOURNMENT
Meeting adjourned at 7:57 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Caldera Oaks Subdivision
Multi-Family Site Design Review
Bentella LLC
ROGUE PLANNING & DEVELOPMENT SE
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Site Design Review for Multi-Family Development
And Solar Setback Waiver
Subject Property
Property Address: 300 Clay Street
Proposed Lots 22, 23, 24 & 24 of Phase 1, Caldera Oaks Subdivision
Map & Tax Lot:39S 1E 11CB Tax Lot: 1100
Property Owner: Bentella LLC
7184 Aviara Dr.
Carlsbad, CA 92011
Architectural Design: KSW Architects
66 Water Street, Suite 100
Ashland, OR 97520
Land Surveying: Terra Surveying Inc.
274 Fourth Street
Ashland, OR 97520
Civil Engineering: Powell Engineering & Consulting
100 E. Main Street, Suite O
Medford, OR 97501
Landscape Architecture: Terrain Landscape Architecture
310 Oak Street, Unit #3
Ashland, OR 97520
Land Use Consultation: Rogue Planning & Development Services
1314-B Center Dr., PMB #457
Medford, OR 97501
PROJECT PROPOSAL:
A request for Site Design Review to allow for the development of four four-plex structures, each on an
individual development lot within the new subdivision, Caldera Oaks Subdivision, a recently annexed
property at 39S 1E 11CB; Tax Lot: 1100, 300 Clay Street. The Subdivision application has been applied
for, and the process of public infrastructure plan review has commenced.
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
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The multi-family development is part of Phase 1 of the subdivision development.
Each four-plex consists of four two-story units. The end units are 886 square feet, and the middle two
units are 861 square feet. Each unit is proposed to be a two-bedroom with two bathrooms. The gross
habitable floor area of each four-plex structure is 3,494 square feet.
Of the 16 apartments, 8 units within two buildings will be deed-restricted affordable housing rented to
individuals whose incomes are 80 percent of the Area Median Income (AMI) and meet income
qualification standards as set forth by the city of Ashland.
A solar waiver is necessary; the property owners to the north have agreed to the solar setback waiver.
PROPERTY DESCRIPTION:
The parent parcel is a recently annexed
4.80-acre parcel (PA-T3-2024-00010),
located on the east side of Clay Street. The
EAST MAIN ST.
property has 328.35 feet of frontage along
Clay Street and extends 633.61 feet to the
west.
The parent parcel is 64.70 feet south of
Dollarhide Way, an east-to-west public
street that connects to Abbott Avenue.
ABBOTT AVE.
The property is 515.86 feet north of Villard DOLLARHIDE WY.
Street, which terminates at Engle Street.
Engle Street is a public street that
terminates at the north and south lot lines
of the parent parcel.
With the subdivision infrastructure, Phase
1 extends Engle Street north and south
VILLARD ST
through the development. The new street,
Caldera Drive, is an east-to-west
extending street that will intersect with
the extension of Engle Street.
A private driveway developed similar to a
public street with landscaped parkrow, a
sidewalk, curb, gutter, and travel lanes
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
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that allow for two-way traffic, emergency vehicle access, parking area for the multi-family development.
DETAILED PROPOSAL:
The request is to construct four four-plex structures for a total of 16 new dwelling units. The area of the
four-plexes, excluding the common areas that are part of the subdivision, such as the play area common
space, the stormwater detention facility, and the private street area, is 21,120 square feet.
The four structures are each 60 feet by 20 feet with a footprint area of 1,740 square feet. The total
footprint area of the four-plex buildings is 6,960 square feet.
Each four-plex consists of four two-story units. The end units are 886 square feet, and the middle two
units are 861 square feet. Each unit is proposed to be a two-bedroom with two bathrooms. The gross
habitable floor area of each structure is 3,494 square feet.
As part of the Performance Standards Subdivision proposal, each structure is proposed upon a parcel of
land, Lots 22, 23, 24, and 25. Each structure complies with the perimeter setbacks of the zone with a 10-
foot per-story rear yard setback adjacent to theeast property line of the parent parcel of the subdivision.
The setback from the future public right of way on the south side is 10 feet, as required for side yards
abutting a public right of way. The setbacks internally between the buildings comply with the standards
from the Performance Standards Subdivision, which allows for the setbacks to be based upon the
separation between buildings. The structures on Lots 22 and 23 will shade the adjacent structure to the
north, not more than five feet above the finished floor of the building to the north. The proposed
structure on Lot 25 exceeds the maximum solar shadow allowed. The property owner to the north has
agreed to a solar setback waiver to allow for the additional shading.
The proposal conforms to the allowed density. With the subdivision proposal, the permitted density of
the parent parcel is 34.48 dwellings, including the allowed density bonus to increase the number of
dwellings. The allowed density within the subdivision was 37. The 16 multi-family units are part of the
permitted density.
The proposed buildings are similar in architectural appearance and materials used on the properties in
the vicinity and those proposed within the subdivision.
Solar Setback Waiver:
The property is relatively flat, and although a two-story, four-plex is proposed, located 20 feet from the
north property line, 42 feet from the adjacent structure to the north, and only 20 feet tall, it requires a
solar setback waiver to shade the adjacent property to the north. The shadow does not fall upon the
structure on the adjacent property and is within the yard and rear patio area.
Parking:
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
Page 3 of 15
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There are 37 on-street parking spaces provided on the public street and within the common area of the
development on the private street to comply with the parking requirements for the Performance
Standards Subdivisions. There are 15 additional, voluntarily provided parking spaces. This is less than the
allowed maximum of two per unit or 32 vehicle parking spaces.
The proposed parking area complies with the minimum landscape requirements and the Climate-
Friendly and Equitable Community Standards for the development of parking areas. At least 40 percent,
eight of the parking spaces within the multi-family parking area, will be wired for future electric vehicle
charging stations. Additional shade trees to provide shading of more than 30 percent of the parking area
and driveway aisles are proposed.
Bicycle Parking:
There are two bicycle parking structures proposed. These structures accommodate 16 bicycle parking
spaces in covered, secure racks. There are also bike hangers to hang a bike by its wheel on the patio
firewall near the entrance of each dwelling unit.
Open Space:
The area of the four-plexes, excluding the common areas that are part of the subdivision, such as, the
play area common space, the stormwater detention facility, and the private street area, is 21,120 square
feet. The required area of open space is 1,689.6 square feet. Each unit has a large private open space
that includes a 10-foot X 10-foot front entry, a 10-foot by 10-foot patio, and a rear yard area. The rear
yard and patio area account for 4,790 square feet of private outdoor space, approximately 300 square
feet per unit. This is in addition to the 14,450 square feet provided within the subdivision. The area of
common and private outdoor space greatly exceeds the minimum required.
Affordable Housing:
The proposal includes the construction of eight affordable rental units restricted to households earning
80 percent of the Area Median Income (AMI). Each 80 percent AMI unit has an equivalency value of 1.25,
meaning that to determine the number of units required to meet the affordability standard, the required
number of units (9) is divided by the equivalency value (1.25). This calculation (9 / 1.25) results in 7.2,
which rounds up to 8. Therefore, to meet the requirement of nine affordable units, the project must
provide at least eight affordable units at 80 percent AMI.
The eight (8) affordable rental units will be restricted to households earning 80 percent of the AMI, which
satisfies the requirement under AMC 18.5.8.050.G.
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
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Affordable housing will be developed to meet the standards outlined in AMC 18.2.5.050. Each unit is
more than 800 square feet and has two bedrooms. The materials, exterior architecture and materials
will be substantially similar to the market rate units.
Public Infrastructure:
The public infrastructure plans are in review as part of the Caldera Oaks Subdivision Final Plan. The utility
plans detail the extension of public infrastructure to serve the proposed dwelling units. These include an
extension of the electric infrastructure. Water meters, sanitary sewer connections, and stormwater
connections that comply with the Rogue Valley Stormwater Quality Design Manual standards are
proposed. The utility extensions and connections were designed by civil engineers.
Conclusion:
The requested approval of the site design review for the development of four, four-plex multi-family
apartment dwellings is consistent with the proposed annexation and the Performance Standards
Subdivision approval. The property is zoned suburban residential which allows for both attached,
detached, and multi-family housing. The proposal provides for additional dwellings as envisioned in the
zone and by the comprehensive plan designation of the zone. The proposal provides eight deed-
restricted affordable housing units.
Findings of fact addressing the criteria from the Ashland Municipal Code are provided on the
following pages. For clarity, the criteria are in Times New Roman and the applicant’s responses
are in Calibri.
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
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FINDINGS OF FACT
Site Design Review – AMC 18.5.2
Multi-Family Site Design Review
18.5.2.020
B.Residential Uses. Site design review applies to the following types of residential uses and project
proposals, pursuant to section 18.5.2.030, Review Procedures:
1. Three or more dwelling units on a lot in a residential zone, and one or more dwelling units on a lot in
any other nonresidential zone.
Finding:
There are more than three dwellings proposed on each residential lot. There are four dwellings
proposed. Each structure is 3,494 square feet in area, and there are four structures.
Site Design Review Approval Criteria
18.5.2.050
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.
Finding:
The property is within the R-1-3.5, Suburban Residential Zone. The proposal complies withand exceeds
all required setbacks for the perimeter of the parent parcel, and with the Performance Standards
Subdivision separation between building standards.
There are four four-plex residential dwellings proposed for each lot. The proposal conforms to the
allowed density in the zone, and the 16 units are included in the density calculations for the subdivision.
The structures are less than 35 feet tall, the maximum height in the zone.
The proposed density is consistent with the density of the residential annexation and the approved
Outline Plan for the Performance Standards Subdivision.
Between the units, there is enough setback to allow only the solar performance standard that allows
shading of not more than five feet up the wall of the adjacent structure. The structures on Lots 22 and
23 will shade the adjacent structure to the north, not more than five feet above the finished floor of the
building to the north. The proposed structure on Lot 25 exceeds the maximum solar shadow allowed.
The property owner to the north has agreed to a solar setback waiver to allow for the additional shading.
Additional findings addressing the solar setback waiver are found on the following pages.
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
Page 6 of 15
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The proposed architecture is consistent with the overall aesthetic of the subdivision. The materials and
design elements reflect the existing neighborhood by incorporating varied façade treatments, such as
reveals, recesses, trim, and thoughtful placement of windows. Each dwelling will also possess a strong
sense of entry, ensuring that the architecture complements the community's overall aesthetic. This
thoughtful design approach meets the standards outlined in the ordinance and aligns with the vision
established in the approved Outline Plan
Except for a modified roofline for Building 25 to address solar, each of the four plex buildings hasthe
same materials, windows, doors, finishes, exterior bike hanger, covered entry, and covered rear patio
with association-maintained lawn area. The property owner is the contractor and intends to retain
ownership of the eight affordable housing units.
The existing and proposed coverages have been scrutinized, and the total coverage of each of the multi-
family lots is proposed to be less than 65 percent, as allowed in the zone. Each of the apartment units
has a large, 20-foot rear yard with a 10-foot patio. Between the four plex units on Lots 23, 23 and 24,
there is 35 feet, increasing the amount of green space and open areas of the multi-family areas of the
property.
As required by ordinance and as conditioned in the Annexation, and other applicable standards for multi-
family development have been met with this application or can be met with the imposition of conditions.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
Finding:
The property is within the Wildfire Hazards overlay. A Fire Prevention and Control Plan has not been
submitted with the application materials because the property, once mowed, complies with the
requirements for wildfire hazards abatement. The fuel modification area has been implemented before
the installation of public or private utilities and site improvements.The landscape plan does not
introduce any vegetation that is on the city of Ashland's Prohibited Plant list.
ompliance with the Water Resources Protection Zone was demonstrated at the Outline and Final Plan,
C
and the project’s Civil Engineering plans account for required buffering and utility construction to assure
compliance with the previous approval. Additional findings are not provided as part of this application.
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.
18.4.2.030 Residential Development
Finding:
Residential Site Design Review
Solar Setback Waiver
300 Clay Street
September 12, 2025
Page 7 of 15
Total Page Number: 48
The proposed four-plex structures are accessed via a private street that extends from Caldera
Drive. The fourplex structures are set back more than 20 feet from the public street.
A large open space (common area) is between the parking area and the buildings. The units are
oriented towards the landscaped common area with walkways leading from the unit entrances
through the common area to the parking area and out to the public street.
There are no garages with the four-plex units.
Building materials, colors, and architectural designs are compatible with the units proposed
within the Caldera Oaks Subdivision and other developments in the area. No bright or neon paint
colors are proposed.
The recycling and refuse disposal areas are to be screened with a site-obscuring fence or solid
wall that is at least five feet tall and a solid gate to prevent view of the recycling/refuse area.
The area of the four-plexes, excluding the common areas that are part of the subdivision, such
as the play area common space, the stormwater detention facility, and the private street area, is
21,120 square feet. The required area of open space is eight percent (1,689.6 square feet).
Each unit has a large private open space that includes a 10-foot X 10-foot (100 square feet)
covered front entry, an 8.25-foot by 10-foot patio, and a fenced rear yard area. The patio and
rear yard are accessed directly by a door from the interior of the unit. The rear yard and patio
areas account for 4,790 square feet. Approximately 300 square feet per unit is proposed.
Between buildings 22 and 23, and 24, there is an additional area of 35 feet X 61 feet (2,135 square
feet) that is a landscaped, eco lawn area.
The open space area provided in conjunction with the multi-family development accounts for
6,925 square feet. This is in addition to the 14,450 square feet provided within the subdivision.
The area of common and private outdoor space greatly exceeds the minimum required. The total
area of open space is 21,375 square feet. According to the standards, when subject to Site Design
Review and Performance Standards Option, eight percent of the total lot area is required. This
proposal provides for over nine percent open space.
There are pedestrian connections proposed through the development, leading to the entry of
each unit and through the active recreation common areas. The private common areas at the
rear of each unit will be fenced for privacy with a maintenance access gate through each yard.
All open space areas designated for active use will have lawn or Eco lawn, picnic and play areas
that are sloped at less than five percent.
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The common open space area contains a covered bicycle parking structure, benches, and tables.
None of the structures is enclosed.
The fences abutting the subdivision common areas, including the stormwater detention swale,
will have fences that comply with the standards from 18.4.4060 and not be taller than four feet.
The fences between the multi-family units will be six-foot-tall privacy fencing.
A detailed landscape and irrigation plan demonstrating compliance with AMC 18.4.030 has been
provided.
Each dwelling unit is more than 12 feet from any recycling/refuse disposal area.
Parking, Access, and Circulation
The proposed development provides a circulation system that accommodates all expected
traffic on-site. The on-site circulation system (private street) incorporates street-like features
such as sidewalks and shade trees.
The proposed parking area does not exceed the maximum allowed number of voluntarily
provided parking spaces. Where a maximum of 32 spaces could be provided, there are 15 spaces
provided in a 20-space parking area. Five of the spaces are required on-street or common area
parking necessary for each lot in a new subdivision.
The parking area includes an ADA accessible van parking space and offloading zone. All parking
spaces comply with the minimum dimensional standards for width, depth and back-up
maneuvering area.
The parking area has been designed to minimize adverse environmental impacts with the use of
shade from the tree canopy over the parking area surface and a light colored surface. The parking
area has been designed so that the stormwater is captured and treated through landscape
medians.
The parking area is less than ½ acre in area. The parking area landscape plan and tree planting
plan have been prepared by a licensed landscape architect. The shade trees are selected from
the Parking Lot Tree list. The trees are proposed to be planted and maintained to maximize their
root health and chances of survival in accordance with the ANSI A3000 standards. There is a seven
percent landscape area directly adjacent to the parking area within the landscape island and in
the common area abutting the parking area.
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September 12, 2025
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A continuous, five-foot-wide, concrete-surfaced walkway system extends through the site and
connects all phases of development, common areas, parking areas, and building entries.
All portions of the site not otherwise developed with buildings, vehicle maneuvering and parking,
and other hardscape areas are landscaped in accordance with the standards from AMC
18.4.4.030. Each lot of the multi-family development has less than 54 percent coverage, allowing
more than 64 percent landscape coverage.
The landscape plan uses plants appropriate for the local climate, exposure, and water availability.
The plan includes a variety of deciduous, evergreen trees and shrubs, and ground covers.
An exception to the screening standards for parking areas is required because the parking area
generally abuts the common area. Adjacent to Lot 25, the building is separated from the parking
area by five feet. An exception to AMC 18.4.4.030.F.2.b. Screening Adjacent to a Residential
Building is requested. There is not enough room for an eight-foot setback and a continuous hedge
screen.
Tree Preservation, Protection, and Removal
Tree removal and tree protection were approved as part of the Final Plan application. The tree
protection fencing will be installed according to the plan before site disturbance for the
construction of the multi-family dwellings. There are a substantial number of mitigation trees
proposed as part of the site redevelopment to replace the canopy lost through the tree removal.
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.
Finding:
The property is served by urban-level public facilities. The proposal includes the extension of all
necessary services for the public street infrastructure to serve all future dwellings.
The proposed utility extensions are shown on Civil Engineering Sheets. Detailed stormwater retention,
detention, and treatment plans have been submitted for review and approval.
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.
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Solar Setback Waiver
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Finding:
Adjacent to Lot 25, the building is separated from the parking area by a five-foot-wide sidewalk and no
buffer. An exception to AMC 18.4.4.030.F.2.b. Screening Adjacent to a Residential Building is requested
to eliminate the landscape buffer.
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 consistent with the stated purpose of the Site Development and
Design; and the exception requested is the minimum which would alleviate the difficulty;
Finding:
The site layout from the first iterations of the subdivision has been dictated by the site constraints
present upon the subject property created by the natural feature, and the physical site
development constraints created by the adjacent developments to the north and south, which
determined the street layout of the subject property. The nearly level property and the solar
ordinance dictate that the lots be oriented north/south, or be substantially wider than required
by the lot development standards.
This lot in particular is constrained by a wetland and its buffer zone on one side, the stormwater
treatment facility on the other.
Engle Street terminates at the north and south property boundaries, but where it connects to
the north and south property lines is offset. Along the south side of the subject property, Engle
Street has a substantial grade change where the right-of-wayterminates into the subject
property, restricting the street layout pattern. A required future right-of-way dedication is
present along the south side of the area of the multi-family development portion of the property.
A delineated wetland is present along the north property boundary near the terminus of Engle
Street.
Standard development constraints, location of stormwater facilities, vehicular access, and
gridded street pattern all further limit the lot area, width, and depth in the northeast corner of
the property.
This structure is a far north as it possibly can be to limit the amount of shadow cast upon the
property to the north.
This side of the building does not have windows or doors that would be impacted by a lack of a
landscape buffer.
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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
Finding:
There is demonstrable difficulty in meeting the standards of the specific requirements.
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 equally or better achieves the
stated purpose of section 18.2.3.090.
Finding:
Not applicable
Solar Setback Exception 18.4.8.020.C.
Requests to depart from section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1, Solar
Setback Exception, below. Deviations from the standards in section 18.4.8.050, Solar Orientation
Standards, are subject to subsection 18.5.2.050.E, Exception to the Site Development and Design
Standards.
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section
18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the requirements in
subsection a, below, are met and the circumstances in subsection b, below, are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the County Clerk
on the affected properties’ deed, a release form supplied by the City containing all of the following
information:
i. The signatures of all owners or registered leaseholders holding an interest in the property
in question.
ii. A statement that the waiver applies only to the specific building or buildings to which
the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular
structure and the City is held harmless for any damages resulting from the waiver.
iv. A description and drawing of the shading which would occur.
Finding:
Signatures of all owners holding an interest in the adjacent property in question are ready to be
provided when the survey plat for the Caldera Oaks Subdivision is recorded and the subject
property requesting the solar setback waiver (Lot 25) has its own legal description and deed to
which the solar waiver can be recorded. There is a Memo of Understanding between the
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300 Clay Street
September 12, 2025
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Executive Director of Access, Inc. and the property owner Bentella, LLC. There is a statement that
the waiver only applies to thespecific building, there is adrawing of the proposed shading, and
that the city is held harmless for any damages caused by the solar waiver. The draft solar waiver
agreement and required attachments are submitted with thisapplication. A condition of approval
that the waiver be recorded prior to issuance of the building permit for vertical construction of
the building on Lot 25 is proposed by the applicant.
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e., passive and
active solar energy systems) on the site by future habitable buildings.
Finding:
The solar shadow cast by the proposed structure does not preclude the reasonable use
of solar energy on the adjacent property by any future habitable buildings. The site to the
north is built out with a six-unit apartment complex. The shadow cast by the proposed
building does not impact the adjacent structure, and the shadow falls within the required
20-foot rear yard area of that structure. The solar shadow only impacts the western two
patios of the structure and not the majority of the units.
ii. The exception does not diminish any substantial solar access which benefits a passive
or active solar energy system used by a habitable structure on an adjacent lot.
Finding:
The proposed solar exception does not diminish any substantial solar access to a passive
or active solar energy system used by the apartment building on the adjacent property.
The shadow cast by the proposed building does not impact the adjacent structure,and
the shadow falls within the required 20-foot rear yard area of that structure.
iii. There are unique or unusual circumstances that apply to this site which do not typically
apply elsewhere.
Finding:
There are unique circumstances that apply to this site that do not apply elsewhere to the
other development lots within the development. This particular lot is constrained by the
wetland, the wetland buffer, the stormwater detention facility, the parking area, the
angle of Engle Street, and how that determined the north/south lot dimensions, setbacks,
street orientation, and parking area location.
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Solar Setback Waiver
300 Clay Street
September 12, 2025
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Though the required solar setback is applied to the property line, the intent of the
ordinance, as expressed in the adopting language, and within the purpose statement of
the Solar Access Chapter (AMC 18.4.8.010), seeks to preserve the value of "solar radiation
falling on structures, investments in solar energy systems, and the options for future uses
of solar energy". There is 42 feet of separation between the structures, a substantial
separation in a suburban residential zone. The proposed structure's shadow does not fall
upon the adjacent structure. The agreed-upon solar setback waiver does not prevent
solar radiation from falling upon the adjacent structure; it does not fall upon an existing
solar energy system. Granted, we cannot predict future solar energy collection system
locations, but it is unlikely to be installed on the ground in the rear yard of the Access
apartment units.
The subject property (area of multi-family development) has lost 27 feet along the south
boundary due to the required future right-of-way dedication area. There is an additional
setback along this future street area of 10 feet. This pushed the developable area for the
multi-family units to the north.
To preserve the "frontage" of the units on Lot 24 and allow the play area to be centralized,
Unit 25 was not rotated parallel to Lot 24 within the centralized play area. This would
have required the open space and play area on the north side of Lot 25, out of sight of
the majority of the units, not at the front doors of the apartment units,and in the shade
of the units.
The site layout of the public streets, private driveway, wetland, storm water facilities on
the low side of the property, future right of way, and its impacts to the available
north/south development area, better site layout and design of functional open space
and play area, all contribute to the need for the solar waiver. The proposal does not have
a negative impact upon the adjacent structure for which the solar ordinance was intended
to protect.
Attachments:
Draft Solar Setback Agreement
Solar Setback Attachments
Architectural Site Plan
Architectural Plan Set
Multi-Family Area Landscape Plan Set
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Lot 25 Caldera Oaks Subdivision (TBD)
TBD
2272 Dollarhide Way
Lot 27, Bud's Dairy, A Planned Community,
of the City of Ashland, Jackson County, Oregon, Accoring to the Offical Plat Thereof, Recorded in Volume 30 Page 39,
plat records.
11CB1035
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September 5, 2025
Memorandum of Understanding
PROJECT NAME: Caldera Oaks Subdivision
PROJECT ADDRESS: 300 Clay St. Ashland, OR and 2272 Dollarhide Way, Ashland, OR
BETWEEN: Bentella LLC 3132 Tiger Run Ct. #101 Carlsbad, CA 92010, and
ACCESS 3630 Aviation Way Medford, OR 97504
Bentella LLC is the owner/developer of Caldera Oaks Subdivision, and one of the proposed fourplex
structures requires a Solar Setback Waiver to be signed by ACCESS for potential impact on the
ACCESS property.
Both parties hereby agree that in the event ACCESS experiences detrimental frost in the area of concern
at their property, 2272 Dollarhide Way, after the completion of the new adjacent structure at Caldera
Oaks Subdivision, that Bentella LLC will provide up the in landscape improvements, any
time up to 24 months after the Certificate of Occupancy for the new structure is issued. ACCESS must
provide evidence and written notice to Bentella LLC within the specified timeframe.
Based on these terms, ACCESS hereby agrees to sign the Solar Setback Waiver within 5 business days
of the form being completed and ready for signature by all parties.
Sn Preston of ACESS: ___________________________________________________
Date:__________________
1:02203136
Ryan Csaftis of Bentella LLC: ____________________________
Date:__________________
Bentella, LLC 3132 Tiger Run Ct #101 Carlsbad, CA 92010 Phone: 760-889-7342 www.bentella.com
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_________________________________
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