HomeMy WebLinkAbout2025 - Findings - #PA-T3-2024-00011 THE CITY OF ASHLAND
BEFORE THE CITY COUNCIL
December 2, 2025
IN THE MATTER OF PLANNING ACTION#PA-T3-2024-00011 A )
REQUEST FOR ANNEXATION AND ZONE CHANGE FOR A 8.5-ACRE )
PROPERTY, ALONG WITH ADJACENT RIGHT-OF-WAY (ROW), FOR )
THE PROPERTY LOCATED AT 1511 HIGHWAY 99. THE PLANNING )
COMMISSION CONDITIONALLY APPROVED CONCURRENT )
OUTLINE AND FINAL PLAN FOR A PERFORMANCE STANDARDS ) FINDINGS,
OPTION (PSO) SUBDIVISION AND SITE DESIGN REVIEW FOR TEN ) CONCLUSIONS,
APARTMENT BUILDINGS AND ASSOCIATED SITE IMPROVEMENTS ) AND ORDERS.
CONTINGENT ON THE ANNEXATION APPROVAL. )
OWNER: LINDA ZARE )
APPLICANT: KENDRICK ENTERPRISE LLC )
CASITA DEVELOPMENTS LLC )
RECITALS:
1) The subject property is Tax lot#1702 of Assessor Map 38-1E-32 and is addressed as 1151
Highway 99 N. The property is 8.53 acres following the recent Property Line Adjustment
recorded on November 4, 2025 as survey#CS 24466 (Jackson County planning file#439-25-
00027-SUB).
2) A comprehensive physical description of the property and its location are included in the
Planning Commission Findings dated July 22, 2025,which are attached hereto, and for
brevity are not repeated here.
3) The application is a request for annexation and concurrent outline plan and final plan
approval for a Performance Standard Option(PSO) subdivision and Site Design Review
approval. The applicant provided detailed responses to all applicable approval criteria in the
form of findings of fact, traffic impact analysis, legal description and survey of the property,
landscaping and civil engineering plans, and architectural plans. These materials are on file at
the Department of Community Development and by their reference are incorporated herein as if
set out in full.
4) The relevant approval criteria include Annexation at AMC 18.5.8.050, Outline Plan at AMC
18.3.9.040.A.3, Final Plan at AMC 18.3.9.040.B.5, and Site Design Review at AMC
18.5.2.050. These are set out in full in the Planning Commission Findings dated July 22,
2025, attached hereto, and for brevity are not repeated here.
5) The Planning Commission, following proper public notice, held a public hearing on May 13,
2025. Testimony was received,and exhibits were presented. The Planning Commission
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deliberated and approved the application subject to conditions of approval. On July 22, 2025,
the Planning Commission adopted findings, conclusions and orders addressing the relevant
approval criteria and conditions of approval.
a. The application included a requested exception to the standard at AMC
18.5.8.050.G.4 which provides certain phasing requirements including that "Prior
to issuance of a building permit for the final ten percent of the market rate :nits,
the final 50 percent of the affordable units shall have been issued certificates of
occupancy."
b. The Planning Commission noted in their findings that the ultimate decision maker
for the exception is the City Council. The Planning Commission noted that the
phasing standard was not written with multifamily housing in mind and endorsed
the exception recommending to the City Council that it be approved.
6) The City Council, following proper public notice,held a public hearing on November 4,
2025. Testimony was received, and exhibits were presented by both Staff and the applicant.
The City Council deliberated and approved the application including the requested exception
to the standard at AMC 18.5.8.050.G.4 allowing the affordable housing units to be spread
through each of the ten buildings.
Now, therefore, the City Council of the City of Ashland finds, concludes, and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes,Notices, and Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS OF FACT
2.1 The City Council notes that chapter 18 of the Ashland Municipal Code (AMC) is the
City's Land Use Ordinance (LUO). The LUO regulates the development pattern envisioned by
the Comprehensive Plan and encourages efficient use of land resources among other goals.
2.2 The City Council finds that it has received all information necessary to render a decision
based on the application materials itself, the May 13th Staff Report, the July 22t'Planning
Commission Findings of Fact, the November 4a'City Council Communication, the public
testimony received, and the testimony from both staff and the applicant at the public hearings.
2.3 The City Council finds that the proposal for Annexation meets all applicable approval
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criteria described in AMC 18.5.8.050. These are addressed in the attached Planning Commission
Findings and the City Council adopts them as their own while adding the additional findings
regarding the requested exception:
2.3.1 The City Council notes that the standard at AMC 18.5.8.050.G.4.b requires that
"Prior to issuance of a building permit for the final ten percent of the market rate units, the
final 50 percent of the affordable units shall have been issued certificates of occupancy."
The City Council notes that the applicant intends to include affordable housing units in each
of the ten buildings this phasing requirement is unworkable, and an exception is being
requested.
2.3.2 The City Council notes that AMC 18.5.8.050.G.6 provides that"E.xceptions to the
requirements of subsections 18.5.8.050.G.2 through 18.5.8.050.G.5, above, inav be
approved by the City Council upon consideration"of three different situations. The second
of those is that"That the alternative phasing proposal not meeting subsection
18.5.8.050.G.4 provided by the applicant provides adequate assurance that the affordable
housing units will be provided in a timely fashion."
2.3.3 The City Council finds that a thorough review of the application materials confirms
that the proposed phasing of the affordable housing provides adequate assurance that the
development of a needed housing type and will be"provided in a timely fashion."The City
Council concludes that the requested exception is beneficial to the community and finds that
the approval criterion for the exception is met based on the proposed phasing.
2.4 The City Council finds that the proposal for Outline Plan and Final Plan for a Performance
Standard Option(PSO)subdivision meets all applicable criteria for described in AMC
18.3.9.040.A.3. These are addressed in the attached Planning Commission Findings dated July 22,
2025, and the City Council adopts them as their own.
2.5 The City Council finds that the proposal for Site Design Review meets all applicable criteria
for described in AMC 18.5.2.050. These are addressed in the attached Planning Commission
Findings dated July 22, 2025, and the City Council adopts them as their own.
2.7 The City Council notes that following proper public notice, a public hearing was held on
November 4, 2025, where testimony was received, and exhibits were presented.
2.7.1 During the opportunity for public testimony eight members of public spoke. Of
the eight people who provided testimony, seven raised concerns regarding traffic
generation. Four of the eight raised concerns specific to emergency evacuation, and one
person questioned the validity of the traffic study because it was paid for by the applicant.
2.7.2 The City Council notes that while members of the public expressed concern
regarding potential traffic impacts—particularly the left-turn movement from Ashland
Mine Road and the constrained bridge width at Bear Creek—the record contains
competent substantial evidence to the contrary. The City Council notes that the
applicant's traffic impact analysis was prepared by a licensed traffic engineer, and that
the analysis evaluated intersection operations, turning movements, and roadway capacity
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consistent with adopted standards. The report was subsequently reviewed and approved
by ODOT. The City Council notes that the approval must rest on the weight of technical
evidence rather than generalized concerns, and that the unrebutted expert analysis
concludes that the proposal will maintain acceptable levels of service therefore, the traffic
concerns raised do not provide a legally sufficient basis for denial.
2.8 Following the close of the public hearing the City Council deliberated and voted (6-0) in
favor of the following motion:
"I move to approve Ordinance no. 3272 an ordinance annexing property and withdrawing
an annexed area from Jackson County Fire District no. 5 and direct staff to prepare
findings approving planning action#PA-T3-2024-00011 reflecting the approval of the
exception to the standard for affordable housing phasing at AMC 18.5.8.050.G4 and also
repealing ordinances 3215 and 3194 which were the previous annexation approvals in
Casita 1 and Casita 2, and to return for second reading on December 2, 2025."
SECTION 3.DECISION
3.1 Based on the record of the Public Hearings on this matter, the City Council approves the
application for annexation and affirms the Planning Commissions conditional approval of outline
and final plan approval for the Performance Standards Option(PSO) subdivision, and Site
Design Review.
3.2 In addition to the fmdings set out above, the City Council hereby adopts the Planning
Commission July 22, 2025, Findings of Fact and conditions of approval as the City Council's
own which are attached hereto.
Aj� _1 zj25
City Council Approval Date
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