HomeMy WebLinkAbout2025 - Findings - #PA-L-2025-00016 ex h,bJ g
BEFORE THE CITY COUNCIL
CITY OF ASHLAND,JACKSON COUNTY,OREGON
November 4,2025
IN THE MATTER OF PLANNING ACTION#PA-L-2025-00016,A REQUEST )
FOR A LEGISLATIVE AMENDMENT TO THE SOUTHERN OREGON )
UNIVERSITY FACLITIES MASTER PLAN. THIS AMENDMENT )
INCLUDES PROPOSED ZONE CHANGES FOR SURPLUS PROPERTIES )
IDENTIFIED TO BE SOLD BY SOUTHERN OREGON UNIVERSITY. WITH ) FINDINGS,
ADOPTION OF THIS MASTER PLAN AMENDMENT,THE ZONING FOR ) CONCLUSIONS &
THESE PROPERTIES WILL BE CHANGED AS NOTED DETAILED IN THE ) ORDERS.
PROPOSED MAPS UPON TRANSFER TO PRIVATE OWNERSHIP. )
OWNER/APPLICANT: Southern Oregon University )
RECITALS:
1) The Southern Oregon University campus boundary includes approximately 164 acres
split roughly north-south by Siskiyou Boulevard. The Ashland Comprehensive Plan
identifies the Southern Oregon University (SOU) land use classification as areas
designed to provide for the unique needs of SOU. The`SOU' land use classification
is delineated on the Comprehensive Plan Map,and as outlined in the Comprehensive
Plan, the boundary of the SOU area was mutually approved by SOU and the City.
The Comprehensive Plan's `SOU' designation is implemented by Chanter 18.3.6
"Southern Oregon University District"of the Ashland Land Use Ordinance,and the
corresponding special district is established on the Zoning Map.
2) The SOU Master Plan establishes the permitted uses, campus-specific procedures
and design standards and delineates anticipates development projects in the SOU
zoning district over the upcoming decade. The current plan, the 2010-2020 SOU
Master Plan, was approved and adopted by the City Council in April 2010. The
Master Plan is generally completed in ten-year cycles looking at the upcoming
decade,although the ten-year cycle here was disrupted by the COVID-19 pandemic.
3) The application proposes a legislative amendment to adopt an update to the Southern
Oregon University Facilities Master Plan. This amendment includes proposed zone
changes for properties that may be sold into private ownership by Southern Oregon
University which are identified in the proposed plan. With the adoption of this
Master Plan amendment,the zoning for these properties will be changed as noted on
the attached map,however they would remain subject to the SOU Masterplan and SO
zoning overlay regulations for as long as they continue to be under SOU ownership.
Findings of Fact and Conclusions of Law Page 1
Once sold and under private ownership,each of these properties would be subject to
the zoning regulations of the underlying zoning proposed here.
4) On June 24, 2025, the City of Ashland Planning Commission considered the
amendment of the City of Ashland's Comprehensive Plan to adopt and incorporate
the Southern Oregon University 2025 Facilities Master Plan Amendment as a
supporting document;to amend the Zoning Map and Comprehensive Plan Map;and
to amend the Ashland Municipal Code and Land Use Ordinances to align with the
Southern Oregon University 2025 Facilities Master Plan Amendment at a duly
advertised public hearing,and following deliberations,recommended approval of the
amendments.
5) On July 15, 2025 and October 7', 2025, the City Council of the City of Ashland
conducted a duly advertised public hearings on the above-referenced amendments
following the close of the public hearing and record,deliberated and conducted first
and second readings approving adoption of this Ordinance in accordance with Article
10 of the Ashland City Charter. The Council determined that in order to protect and
benefit the health,safety and welfare of existing and future residents of the City,it is
necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner
proposed,that an adequate factual base exists for the amendments,the amendments
are consistent with the comprehensive plan,that the proposed zoning map and land
use code amendments are consistent with City of Ashland approval criteria for land
use ordinance and zoning map amendments as set forth in AMC 18.5.9.020.B and are
consistent with the City of Ashland Comprehensive Plan, with other City policies,
and with the Oregon Statewide Planning Goals and OAR 660-030-0070, and that
such amendments are fully supported by the record of this proceeding.
6) AMC 18.5.9.020.13 speaks to the requirements for"Type I1I" legislative
amendments as follows:
B. Type III. It may be necessary from time to time to make legislative
amendments in order to conform with the Comprehensive Plan or to meet
other changes in circumstances or conditions.The Type III procedure applies
to the creation, revision, or large-scale implementation of public policy
requiring City Council approval and enactment of an ordinance;this includes
adoption of regulations,zone changes for large areas,zone changes requiring
comprehensive plan amendment, comprehensive plan map or text
amendment,annexations(see chapter 18.5. for annexation information),and
urban growth boundary amendments.The following planning actions shall be
subject to the Type III procedure.
1. Zone changes or amendments to the Zoning Map or other official
maps, except where minor amendments or corrections may be
processed through the Type II procedure pursuant to
Findings of Fact and Conclusions of Law Page 2
subsection 118.5.9.020.A above.
2. Comprehensive Plan changes, including text and map changes or
changes to other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments. (Ord. 3195 § 5, amended,
12/01/2020)
SECTION 1.EXHIBITS
For the purposes of reference to these Findings,the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a"P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes,Notices, and Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
Now,therefore,the City Council of the City of Ashland finds, concludes, and
recommends as follows:
2.1 The City Council finds that it has received all the information necessary to render a
decision based on the complete application materials,staff report,public hearing testimony
and exhibits;and by their reference each of these are incorporated herein as if set out in full.
2..2 The City Council further notes that as outlined in the Comprehensive Plan, the
boundary of the SOU zoning district was mutually approved by SOU and the City. The
campus boundary encompasses approximately 164-acres that are roughly split north and
south by Siskiyou Boulevard.This Master Plan update does not propose an expansion of the
existing Southern Oregon University campus boundary and its corresponding City of
Ashland SOU special district zoning designation; however, this amendment does include
proposed zone changes for properties identified on the attached map that may be sold into
private ownership by Southern Oregon University. With adoption of this Master Plan
amendment,the zoning for these properties is proposed to be changed as noted in the plan,
however these properties would remain subject to the SOU Masterplan and SOU special
district zoning overlay while under university ownership. Once under private ownership,
these properties would be subject to the zoning regulations of the underlying zoning
proposed here.
Findings of Fact and Conclusions of Law Page 3
The Council also notes that the Master Plan proposes a number of code changes with regard
to the campus, including:
• AMC 15.04.216—As proposed,the city's Demolition/Relocation Ordinance would
no longer apply to university properties.
• AMC 18.3.6—Proposed revisions would clarify that the SOU zone is subject to the
Water Resource Protection Zones regulations in AMC 18.3.11 and that areas within
50-feet of privately owned property would be subject to "Type II" Site Design
Review with a public hearing before the Planning Commission rather than to a
Conditional Use Permit, and that any construction greater than 70 feet in height
would be subject to a Conditional Use Permit.
• AMC 18.4.7—As proposed,Southern Oregon University would not be subject to the
sign regulations of AMC 18.4.7 but would be subject to a campus master sign
program incorporated in the proposed Master Plan.
• AMC 18.5.2.030 — The proposal would clarify that any new building on campus
greater than 15,000 square feet shall be reviewed through a"Type II"procedure with
a public hearing at the Planning Commission.
• AMC 18.3.6.040 - The amendments remove a maximum height allowable for
Conditional Use approvals within the SO Zone and exempts development within the
former Cascade Complex from CUP review when under 60 feet (five stories) in
height and less than 194,000 square feet of gross floor area.Projects to be developed
within 50 feet of privately owned property continue to require a Conditional Use
Permit,except for minor site alterations such as signage,access,driveway,sidewalk,
or landscaping improvements.
• AMC 18.5.7.020 —The proposal would exempt tree maintenance and removal on
campus from the city's Tree Removal Permit process,but would require that SOU
provide annual updates to the Planning Division through the Tree Management
Advisory Committee similar to the handling of tree removals on Parks properties.
2.3 The City Council notes that the Planning Commission conducted a duly noticed
public hearing on June 24, 2025. Following the close of that hearing, the Planning
Commission recommended that the Council adopt the updated SOU Facilities Master Plan
subject to a number of specific recommendations, including:
• The Planning Commission recommended that the Conditional Use Permit
requirement be retained for any project or construction activity within 50 feet of
private property in order to preserve discretionary review and require consideration
through a public hearing. Planning Commissioners also recommended that any
project of 15,000 or more square feet of gross habitable floor area(GHFA)be subject
to Type II Site Design Review procedure.
• The Planning Commission recommended that solar arrays over parking lots meeting
the specific design requirements presented in the proposed Master Plan and
associated draft ordinance be exempted from the land use process and instead be
subject to administrative land use approval in conjunction with building permit
review. The Planning Commission also recommended that it be made clear that the
Findings of Fact and Conclusions of Law Page 4
installation of solar arrays over existing parking lots would not trigger parking lots to
be upgraded to new standards. The Commission further recommended that any
newly constructed parking lots be required to comply with current parking lot
standards.
• The Planning Commission recommended that a 50-foot height be outright permitted
within the SOU district,with heights up to 60 feet to be outright permitted with the
inclusion of affordable housing or student housing,with greater heights to require a
Conditional Use Permit up to a maximum of 70 feet for the greater campus area. The
Planning Commission further recommended that the height for the University
District property bounded by Ashland Street,Walker Avenue,Webster and Stadium
Streets be limited to no more than nine-stories or 110 feet under the Conditional Use
Permit process.
• Planning Commissioners supported exempting the University from the Tree Removal
Permit process in a manner similar to the treatment of the Parks Department in the
code,with an annual report to the Tree Management Advisory Committee,provided
that the University uses licensed professional arborists for tree removal work.
• In response to concern from neighbors over the lack of transparency with neighbors
of the properties proposed for sale,Planning Commissioners also recommended that
with Master Plan adoption,the University be required to establish a standard of direct
communication with neighbors prior to the construction of new buildings,the sale of
university property or the adoption of Master Plan updates.
2.4 The City Council notes that AMC 18.5.9.020 which speaks to Plan Amendments and
Zone Changes,which are legislative in nature,in terms of achieving conformance with the
Comprehensive Plan or meeting"other changes in circumstances or conditions." There are
no specific quasi-judicial land use approval criteria to be addressed.
The Council finds that The Economy Element of the Ashland Comprehensive Plan includes
specific policy direction that,"The City shall work with the College to encourage the growth
of research and graduate programs. The City shall encourage the establishment of the Asian
Studies facility, and other such facilities that provide a bridge to the international
marketplace (7.07.03.6)." The Council further finds that the university is "a motor of
economic growth for the city through generation of payroll, local purchases by employees
and students, enhancement of student abilities to find or make jobs for themselves in
Ashland, and as an incubator for innovations and as a favorable attraction for education-
intensive firms that may be considering the move to Ashland. "
The Council finds that there have been significant changes in circumstances or conditions
relative to the university which necessitate the requested update to the SOU Facilities Master
Plan. As the university team has explained through the application process, college
campuses must constantly evolve within a broader context of higher education that includes
changes to available state funding,the broader national economy,fluctuations in admissions,
and changing demands for specific programming.SOU continues to work tirelessly to build
a solid foundation and to innovate, and the proposed updated SOU Facilities Master Plan
Findings of Fact and Conclusions of Law Page 5
reflects new goals in response to these everchanging circumstances. This Master Plan
identifies projects which the university indicates have a degree of certainty in terms of their
need,funding and design,while also outlining future development opportunities and some
base design standards to apply to those yet to be clearly defined projects. The university has
explained that part of maintaining a solid foundation in terms of financial stability may
necessitate the sale of certain properties, and as such this Master Plan identifies those lots
which are being considered for potential sales and proposes changes to the underlying
Zoning and Comprehensive Map designations,while maintaining the SOU District overlay
until those properties are sold. Without this proposed change,these properties would remain
subject to the requirement to develop according to the Master Plan in support of the
educational functions of the university,even if privately owned,unless individual developers
were to obtain Conditional Use Permit approval or request property-specific legislative
amendments to the Master Plan.
2.5 The Council finds that the Ashland Comprehensive Plan's Public Services Element
seeks to"To make maximum effort toward utilization of present and future educational and
recreational facilities and resources through public, private and city cooperation (Goal
9.07.03)," and finds that coordinated master planning for the future development of the
university district is beneficial to the city and the university.
2.6 The City Council finds that adoption of the SOU Facilities Master Plan update is in
keeping with the Oregon Statewide Planning Goals and with OAR 660-030-0070 which calls
for state agencies including universities to coordinate their land use planning efforts with
cities to ensure compliance with local comprehensive plans.
Specifically with regard to state land use Goal 10"Housing"which seeks"To provide for the
housing needs of citizen of the state,"the Council finds that the Statewide Planning Program
requires each city to inventory its buildable residential lands,project future housing needs,
and provide the appropriate types and amounts of land within the UGB necessary to meet
those needs. The Housing Element of the Ashland Comprehensive Plan was amended and
acknowledged in 2019. The City of Ashland has an acknowledged Housing Capacity
Analysis (2021) and Buildable Lands Inventory (2024) which provide a factual basis for
needed housing types and available land supply. The City has acknowledged zoning
standards relating to residential development including provisions for housing density,
setbacks,parking requirements,lot coverage,types,and development in environmentally or
physically constrained areas. The requested zone changes here will add 6.15 acres of
additional residentially zoned land, which was formerly identified for university
development,to accommodate further housing development within the city. While this land
may have developed to accommodate student or faculty housing were it to remain part of the
SOU zone,the likelihood and timing would remain uncertain whereas the zone change here
enables the immediate sale of these properties to support private residential development in a
location near the university where there is a need for student and faculty housing, and in a
manner which seeks zoning compatible with the adjacent residential neighborhoods.
The City of Ashland has an acknowledged Comprehensive Plan that complies with this goal,
and the proposed amendments do not modify the existing goals and policies related to Goal
Findings of Fact and Conclusions of Law Page 6
10. The proposed map and code amendments expand housing opportunities in ways
consistent with comprehensive plan goals and policies, and as such,the Council finds that
this Goal is met.
2.7 The City Council finds that several of the amendments adopted at First Reading on
October 7, 2025, differ from the Planning Commission's prior recommendations but are
consistent with the overall intent of the Southern Oregon University(SOU)2025 Facilities
Master Plan and the City's Comprehensive Plan.The Council determined that the revisions
proposed by SOU and incorporated into Ordinance 3268 clarify the applicability of
Conditional Use Permit(CUP)review and streamline the development review process in a
manner that continues to provide for appropriate public oversight.
Specifically,the Council approves amendments to AMC 18.3.6.040(Conditional Uses)to
eliminate the 70-foot CUP height limit,to exempt redevelopment within the former Cascade
Complex and replacement of existing buildings meeting defined thresholds from CUP
review, and to clarify that minor site modifications such as signage, access, driveways,
sidewalks,or landscaping do not trigger a Conditional Use Permit even when located within
50 feet of privately owned property.
The Council further found that"projects,"as referenced in AMC 18.3.6.040(B),refer to new
building development occurring within 50 feet of privately owned land, which remains
subject to Conditional Use Permit (CUP) review to ensure potential impacts on adjacent
properties are evaluated through a public review process.This requirement does not apply to
ancillary site improvements such as signage,access,driveways,sidewalks,or landscaping,
which are expressly excluded from the definition of"projects" in this context.
The Council finds that these refinements balance the City's interest in maintaining
compatibility along campus boundaries with the University's need for flexibility in
implementing its long-range facilities plan.By distinguishing between major development
projects and minor site improvements, the adopted amendments reduce unnecessary
procedural requirements while maintaining consistency with the Comprehensive Plan goals
for intergovernmental coordination, institutional development, and land use compatibility.
The Council concludes that the adopted changes advance the objectives of the SOU 2025
Facilities Master Plan and facilitate efficient university development consistent with the
intent of the SOU zoning district and the City's broader planning framework.
SECTION 3. DECISION
3.1 Ashland is fortunate to have Southern Oregon University within the community,as
the university adds to the community's diversity,the richness of our culture,and strengthens
the local economy. The master planning efforts of the university seek to ensure that it will
remain a strong and viable institution within the Oregon University System, as well as to
make certain that it recognizes the values and concerns of the Ashland community.
Findings of Fact and Conclusions of Law Page 7
Based on the whole record of the public hearing on this matter,and all materials submitted
by staff, the applicant and other participants,the City Council finds that this update of the
SOU Facilities Master Plan is necessary to meet changing circumstances and conditions
since the plan was last updated in 2010. As noted in the Economy Element of the
Comprehensive Plan, "... it is likely that ... [Southern Oregon University]will remain a
motor of economic growth for the city through generation of payroll, local purchases by
employees and students, enhancement of student abilities to find or make jobs for themselves
in Ashland, and as an incubator for innovations and as a favorable attraction for education-
intensive firms that may be considering the move to Ashland. " This Master Plan update
incorporates zone changes intended to enable the sale of some University properties to help
address budget shortfalls which the University must address in the current fiscal year,and as
such will have an indirect but positive impact to the city in alleviating shortfalls affecting a
"motor of economic growth for the city" while also providing additional land to support
needed private housing development near campus.
Therefore,the City Council approves the application and adopts this update of the SOU
Facilities Master Plan as a supporting document to the Ashland Comprehensive Plan,
with the inclusion of the following conditions, noting that this decision is supported by
evidence contained in the whole record.
1. All proposals of the applicant become conditions of approval unless otherwise
specifically modified herein.
2. A Conditional Use Permit(CUP) shall be required for any project to be developed
within 50 feet of privately owned land.This requirement does not apply to alterations
limited to signage, access, driveways, sidewalks, or landscaping, nor to the
replacement or redevelopment of existing buildings not exceeding their current
height or gross floor area.
3. Any project of 15,000 square feet or more of gross habitable floor area(GHFA)shall
be subject to a Type II Site Design Review procedure with a public hearing before
the Planning Commission.
4. Redevelopment within the former Cascade Complex area that does not exceed 60
feet or five stories in height and 194,000 square feet of gross floor area shall be
permitted through Type II Site Design Review and does not require a Conditional
Use Permit,and shall be permitted outright,including associated site improvements
such as signage, access, driveways, sidewalks,and landscaping.
5. Within the SO Zone,buildings up to 60 feet in height are permitted outright.Projects
exceeding 60 feet may be considered through the CUP process without a fixed upper
limit, subject to the discretionary approval criteria in AMC 18.5.4. Within the
University District properties located within the SO zone on the property bounded by
Ashland Street,Walker Avenue,Webster Street and Stadium Street shall align with
the CFA regulations and allow only a 50-foot height as permitted outright,with up to
a 60-foot height permitted outright with the inclusion of at least 25 percent affordable
or student housing. To exceed the outright permitted 50-foot height along Ashland
Findings of Fact and Conclusions of Law Page 8
Street without the inclusion of affordable or student housing,a CUP shall be required
and the upper height limit for this `university district' property at the corner of
Ashland Street and Walker Avenue shall be nine-stories or 110 feet.
6. Solar arrays installed over parking lots or as ground-mounted systems, that are
generally consistent with the illustrative design guidance in the SOU 2025 Facilities
Master Plan shall be exempt from separate land use approval and may be reviewed
administratively with building permits.The maximum allowable height for ground-
mounted solar installations is 38 feet to accommodate dual-axis tracking systems.
Installation of solar arrays over existing parking areas shall not trigger upgrades to
current parking lot design standards; however, any newly constructed parking lots
shall comply with applicable standards.The Master Plan's solar design standards are
illustrative rather than mandatory and may be applied with reasonable flexibility to
accommodate evolving solar technologies and design efficiencies.
7. That the University shall be exempted the Tree Removal Permit process in a manner
similar to the treatment of the Parks Department in the code,with an annual report on
removals over the past year and a plan for removals for the coming year to be
provided to the Planning Division and its Tree Management Advisory Committee,
and provided that the University uses licensed professional arborists for tree removal
work.
8. That the University shall be required to provide public notice to neighboring property
owners prior to the construction of new buildings,the sale of university property or
the adoption of Master Plan updates.
�� &k_
November 4,2025
Tonya G aham, Mayor Date
Findings of Fact and Conclusions of Law Page 9