Loading...
HomeMy WebLinkAbout2026-03-10_Planning PACKET Planning Commission Meeting Agenda ASHLAND PLANNING COMMISSION REGULAR MEETING AGENDA Tuesday, March 10, 2026 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. February 24, 2026 Special 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 March 10, 2026 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/98953674106 V.TYPE II PUBLIC HEARINGS PLANNING ACTION: PA-T2-2026-00066 SUBJECT PROPERTY: a portion of Tax lot 8600 of map 39-1E-04-AD APPLICANT: Rogue Planning & Development Services, LLC OWNER: CT Properties, LLC DESCRIPTION: A request for concurrent outline plan and final plan approval for a Performance Standards Option (PSO) Subdivision to divide ‘Area 7’ into four new lots. The application also includes a request for residential Site Design Review approval, and the removal of a single non-hazard tree. COMPREHENSIVE PLAN DESIGNATION: North Mountain Plan; ZONING: NM-MF; MAP: 39-1E-04-AD; TAX LOT: 8600 VI.OPEN DISCUSSION VII.ADJOURNMENT Next Meeting Date: March 24, 2026 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. Page 1 of 1 Total Page Number: 1 Total Page Number: 2 Planning CommissionMinutes Note: Anyone wishing to speak at any PlanningCommission 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. February 24, 2026 SPECIALMEETING DRAFT Minutes I.CALL TO ORDER: Chair Vernercalled the meeting to order at 7:00 p.m.at theCivic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Staff Present: Lisa Verner Brandon Goldman, CommunityDevelopment Director Eric Herron Derek Severson, Planning Supervisor Kerry KenCairn Michael Sullivan, Executive Assistant Russell Phillips John Maher Jay Lininger Absent Members: Council Liaison: Susan MacCracken Jain Jeff Dahle II.ANNOUNCEMENTS 1.Staff Announcements – None 2.Advisory Committee Liaison Reports – None III.CONSENT AGENDA Approval of Minutes 1. February 10, 2026 Regular Meeting Minutes Commissioners Maher/Liningerm/s to approve the consent agenda as presented. Commissioner th KenCairn abstainedfrom votingdue to her absence from the February 10meeting.Voice Vote: All AYES. Motion Passed 5-0. IV.PUBLIC FORUM – None Page 1 of 3 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pleaseemail 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). Total Page Number: 3 Planning CommissionMinutes IV.UNFINISHED BUSINESS Approval for Findings for PA-T2-2025-00065, 431 North Main Street Chair Verner noted that staff had sent out revised findings for approval (see attachment #1). Ex Parte Contact No ex parte contact wasdisclosed. Decision Commissioners Phillips/Herron m/s to approve the findings as presented and amended by staff. th Commissioner KenCairn abstainedfrom votingdue to her absence from the February 10 meeting. Roll Call Vote: Commissioners Phillips, Maher, Herron, Lininger, Verner: AYE. Motion passed 5-0. V.DISCUSSION ITEMS Oregon Legislative Updates Discussion Community Development Director Brandon Goldman briefly outlined recent state legislation, specifically Senate Bill 974 and House Bill 2138, and the impacts these bills would have on Ashland Land Use(see attachment #2). Mr. Goldman detailed how Senate Bill 974changes how certain residential application and engineering plans are reviewed, requiring administrative decisions first, with hearings before the Planning Commission only in the event of an appeal. House Bill 2138 expands and clarifies middle housing, land divisions, and single-room occupancy housing, with several future code compliance deadlines. Planning Supervisor Derek Severson detailed the OregonHousing Needs Analysis(OHNA)as a statewide methodology for estimating regional housing needs, establishing local housing production targets, and how these targets will impact future housing development in the City(see attachment #3). The Commission discussed howSenate Bill 974 andHouseBill 2138will impact land use, as well as City staff and the Commission’s role inproject review. Mr. Goldman stated that staff will bring specific code amendments to the Commission for public hearings in the near future. VI.OTHER BUSINESS Election of Planning Commission Officers Commissioners KenCairn/Lininger m/s to maintain CommissionerVerner as Chair and Commissioner KenCairn as Vice-Chair. Page 2 of 3 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pleaseemail 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). Total Page Number: 4 Planning CommissionMinutes Discussion:Commissioner Maher stated his intention of nominating Commissioner Phillips as Vice- Chair. Commissioner KenCairn withdrew hermotion. Commissioners Maher/Herron m/s to maintainCommissioner Verner as Chair and to nominate Commissioner Phillips as Vice-Chair. Voice Vote: CommissionersMaher, Phillips, Herron, KenCairn, Lininger, and Verner: AYE. Motion passed 6-0. VII.OPEN DISCUSSION – None VIII.ADJOURNMENT Meeting adjourned at 7:56p.m. Submitted by, Michael Sullivan, Executive Assistant Page 3 of 3 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pleaseemail 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). Total Page Number: 5 Total Page Number: 6 _________________________________ Total Page Number: 7 Total Page Number: 8 _________________________________ Total Page Number: 9 Total Page Number: 10 NOTICE OF PUBLIC HEARING PLANNING ACTION:PA-T2-2026-00066 SUBJECT PROPERTY:a portion of Tax lot 8600 of map 39-1E-04-AD APPLICANT: Rogue Planning & Development Services, LLC OWNER: CT Properties, LLC DESCRIPTION: A request for concurrent outline plan and final plan approval for a Performance Standards Option (PSO) Subdivision to divide ‘Area 7’ into four new lots. The application also includes a request for residential Site Design Review approval, and the removal of a single non-hazard tree. COMPREHENSIVE PLAN DESIGNATION:North Mountain Plan; ZONING: NM-MF; MAP:39-1E-04-AD; TAX LOT:8600 ASHLAND PLANNING COMMISSION MEETING: Tuesday March 10, 2026at 7:00 PM, Ashland Civic Center, 1175 East Main Street COMMUNITY DEVELOPMENTDEPARTMENT 51 Winburn WayTel: 541.488.5305 Ashland, Oregon 97520Fax: 541.552.2050 ashland.or.usTTY: 800.735.2900 Total Page Number: 11 Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 EastMain Street, Ashland, Oregon. A copy of the application, including all documents, evidence and applicable criteria are available online at “What’s Happening in my City” at https://gis.ashland.or.us/developmentproposals/. Copies of application materials will be provided at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre-arranged appointment by calling (541) 488-5305 or emailing planning@ashland.or.us. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments concerning this request, please feel free to contact Aaron Andersonat 541-488-5305 or planning@ashland.or.us. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator’s office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). OUTLINE PLAN SUBDIVISION APPROVAL (AMC 18.3.9.040.A.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. 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. 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 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 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. g.The development complies with the Street Standards. h.The proposed development meets the common open space standards established under section18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section18.4.4.070if approved by the City of Ashland. APPROVAL CRITERIA FOR FINAL PLAN 18.3.9.040.B.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the COMMUNITY DEVELOPMENTDEPARTMENT 51 Winburn WayTel: 541.488.5305 Ashland, Oregon 97520Fax: 541.552.2050 ashland.or.usTTY: 800.735.2900 Total Page Number: 12 outline plan with the final plan meets all of the following criteria. a.The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b.The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d.The building size does not exceed the building size shown on the outline plan by more than ten percent. e.The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f.That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g.The development complies with the Street Standards. h.Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: 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). 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. 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. 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 or 2, 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 consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 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. TREE REMOVAL PERMIT (AMC 18.5.7.040.B) 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 Ordinancerequirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. 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, and species diversitywithin 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. COMMUNITY DEVELOPMENTDEPARTMENT 51 Winburn WayTel: 541.488.5305 Ashland, Oregon 97520Fax: 541.552.2050 ashland.or.usTTY: 800.735.2900 Total Page Number: 13 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. 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. NORTH MOUNTAIN NEIGHBORHOOD SECTION 18.3.5.030 Site Plan & Architectural Review Procedure 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. COMMUNITY DEVELOPMENTDEPARTMENT 51 Winburn WayTel: 541.488.5305 Ashland, Oregon 97520Fax: 541.552.2050 ashland.or.usTTY: 800.735.2900 Total Page Number: 14 _________________________________ Total Page Number: 15 Total Page Number: 16 ASHLAND PLANNING DEPARTMENT STAFF REPORT Before the Planning Commission – March 10, 2026 PLANNING ACTION: PA-T2-2026-00066 OWNER: CT Properties LLC APPLICANT: Rogue Planning & Development Services, LLC LOCATION: a portion of Tax Lot 8600 assessor map 39-1E-04-AD ZONE DESIGNATION: North Mountain Multi-Family (NM-MF) 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 18.4 Site Development & Design Standards 18.5.1 General Review Procedures 18.5.2 Site Design Review 18.5.3 Land Divisions & Property Line Adjustments 18.6.1 Definitions APPLICATION DATE: January 26, 2026 PUBLIC NOTICE: February 16, 2026 **22 days prior to hearing** MEETING DATE: March 10, 2026 PROPOSAL: A request for concurrent Outline and Final Plan approval for a four-lot Performance Standards Option (PSO) subdivision and a request for residential Site Design Review approval to construct three triplex buildings. The fourth building, a duplex, is not subject to Site Design Review. The application also includes a request to remove a single non- hazard tree. The property was created as lot 31 of Kestrel Park Phase II 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 City Ordinance 2800 in April 1997). I. Introduction and Background This is the final component of the third phase of the Kestrel Park Subdivision. This phase is the culmination of the entire Kestrel Park Subdivision which began in 2018 and we do not attempt to provide a complete background and roadmap to all the previous approvals and appeals of the prior phases. The staff report prepared for the original outline approval for Phase 3 plan (see PA #T2-2024-00054) has an extensive planning history of all previous phases. Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 1 of 14 Total Page Number: 17 1)Background The subject property is a portion of Lot 31 (of Phase 2) and was reserved for this final phase. The previously approved Phase 3 of the subdivision (presently under construction) connects both Nandina Street and Patton Lane / Mountain Meadows Drive to create four blocks that have been identified previously as areas four, five, six and seven (shown below). The Residential development for areas four, five, and six as well as the related public improvements have all been approved, however the plat has not been recorded yet as the construction of those improvements is ongoing. As relevant to this application, during the original Outline Plan approval for Phase 3, Area 7’ was removed from consideration at the last minute. The design for area seven has been modified and now proposed to subdivide ‘Area 7’ into four new lots, with one lot proposed to be developed with a duplex and the remaining three lots proposed to be developed with triplexes. The reason to refer to this application as ‘Area 7 of Phase 3’ is that, while the subdivision of ‘Area 7’ is being addressed individually, it is still the applicant’s intent to file a final plat for all of Phase 3 together. 2)Site Description The subject property is Tax lot #8600 of Assessor Map 39-1E-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 vacatedfor street R-O-W. The property was created as lot-31 of Kestrel Park Phase II and was reserved for this final phase of the Kestrel Park Subdivision. Planning Action: PA-T2-2026-00066Ashland Planning Department – Staff Report Owner: CT PropertiesLLCPage 2 of 14 Total Page Number: 18 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). 3)Proposal The AMCrequires that all applications involving the creation of three or more lots in the NMNP to be processed in accordance withAMC 18.3.9 the ‘Performance Standards Option and PSO Overlay’ chapter(see: AMC 18.3.5.040.K). The proposed PSO subdivision includes a total of 4- lots for residential development. The application includes a request for Site Design Review approval for threemultifamily triplexes, with the fourth lot proposed with a duplex. This provides a total of 11-dwelling units for all of ‘Area 7’. II.Project Proposal – Outline Plan Subdivision and Residential Site Design Review. 1)Performance Standards Option (PSO) Subdivision – Outline Plan Approval The preliminary final plat for all of Phase 3 of the Kestrel Subdivision is shown below. As mentioned above, construction of civil improvements is underway, and the present application * only relates to the subdivision of Area 7 - highlighted in red dashed line below. 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. 2)Adequate key City facilities can be provided including water, sewer, paved access. * Condition of Approval #2 from PA -T2-2025-00059: “All proposed public improvements including sidewalks, curbs, gutters, park rows with irrigated street trees and the alley shall be installed, including surrounding Area 7, prior to the recording of final plat.\[emphasis added\] Planning Action: PA-T2-2026-00066Ashland Planning Department – Staff Report Owner: CT PropertiesLLCPage 3 of 14 Total Page Number: 19 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 complies with the street standards. 8) The proposed development meets the common 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 development meets all applicable ordinance requirements of the city.” This first approval criterion is all-encompassing allowing the Planning Commission to address all city standards, even outside of Chapter 18 of the AMC. The application materials explain that the proposal utilizes the Performance 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 minimum 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 key City facilities can be provided including water, sewer, paved access.” Staff reiterates that this is a portion of the third phase of the Kestrel Park Subdivision and that all city facilities were sized with the capacity for this phase in mind. Staff note that all relevant public improvements were approved with the original phase 3 outline plan and that they are currently under construction. Planning staff have 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 conclude that findings can be made that this approval criterion is met. The third approval criterion is that “the natural features, such as wetlands and large trees, are included in unbuildable areas.” The previous phases of the subdivision have addressed floodplain 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 thatthis approval criterion is met. The fourth approval criterion is that “the development of the land will not prevent adjacent land from being developed.” The subject property is surrounded by land that has already fully developed, and a finding can be made that this approval criterion is met. The fifth approval criterion is that “there are adequate provisions for the maintenance of common open space.” Staff restate what was set out in the previous phase 3 approval: That the existing HOA’s were formed for the earlier phases of the Kestrel Park. “The three phases are Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 4 of 14 Total Page Number: 20 also tied together through monetary commitments (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.” Staff conclude that the HOA provides sufficient evidence of the provisions for the ongoing maintenance for the common open space and that findings can be made that this approval criterion is met. The sixth approval criterion is that “the proposed density meets the base and bonus density standards.” The ultimate density of the Kestrel Park subdivision has been a significant point of emphasis of previous phases. This is because the subdivision spans multiple zones of different density, and that in addition to maximum density the NMNP also has a requirement for a minimum density of between 75% and 110% of each zone’s base density. In previous phases there has been a table detailing the number of units in each phase, acreage and required densities. The remaining number of units required was summarized in the Planning Commission’s outline plan phase 3 findings as follows: “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.” (PA-T2-2024-00054 section 2.4.6 at p.7). Staff would note that the 11 proposed dwelling units are greater than two, and less than 18. Staff conclude that findings can be made that this approval criterion will be met. The seventh approval criterion is that “the development complies with the street standards.” As mentioned previously all of the associated civil improvements have been previously approved during the original Phase 3 outline and final plan approval. Additionally, as was stated in the previous land use approval, 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 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 development meets the common open space standards.” Here we restate what was set out in the original phase 3 outline plan approval: “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 corners 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 applications. Additionally, each of the proposed multi- family units do include an additional 8% recreational space (porches/patios).” Staff conclude that findings can be made that this approval criterion will be met. Staff conclude, based on the above, that findings can be made that the Outline Plan Approval Criteria criterion will be met. Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 5 of 14 Total Page Number: 21 2) Final Plan Approval The approval criteria for Final Plan are intended to ensure substantial conformance between Outline Plan approval and Final Plan approval when the two are requested as separate procedural steps. When both Outline and Final plan are filed concurrently, as is the case here, there is no procedural separation between the two, and the concurrent Final Plan proposal is identical to the Outline Plan in terms of number of dwelling units, yard depths, distances between buildings, common open spaces, building sizes, building elevations and exterior materials, standards resulting in density bonuses, and street standards. Based on the above Staff conclude that findings can be made that the final plan approval criteria are met. 3) NMNP Supplemental Design Standards The NMNP also included Supplemental Approval Criteria that require that there is conformity with both the “general design requirements of the North Mountain Neighborhood Plan, including density, transportation, building design, and building orientation” as well as the “specific design requirements as provided in the North Mountain Neighborhood Design Standards.” 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 sizes. Additionally, there are standards for garage setbacks, however in this application there are no proposed garages as all parking is off the proposed alley. The remainder of the architectural standards are discussed below under the Site Design Review approval criteria. Staff conclude that findings can be made that the Supplemental Approval Criteria criterion will be met. 4) Residential Site Design Review The applicability section of Site design review is provided at AMC 18.5.2.020.B and requires Site Design Review for “Three or more dwelling units on a lot” as is proposed on three of the lots in this application. The first criterion of approval for Site Design Review is that “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.” 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 PSO 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 complies with applicable overlay zone requirements (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 NMNP area. Included in the NMNP standards are the Site Development and Design Standards at AMC 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, eaves, and building offsets. The site plans have dimensions shown that the three single family Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 6 of 14 Total Page Number: 22 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 “The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided below.” Because the development is regulated by the NMNP 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. The buildings are proposed to be separated to respond to the character of the neighborhood, rather than developed as a single apartment building on one tax lot. The application proposes to comply with building separation requirements of the Performance Standards Options chapter, and to apply a “Mill Pond” standard for solar access to allow shading five-feet up the wall of the first story’s living space. The lower level is considered a basement here, not a story. The “Mill Pond” solar access standard is not codified, but was first allowed with the Mill Pond subdivision, a Performance Standards Options subdivision in the 1980’s, where the flexibility of the Performance Standards meant that there were not always standard setbacks between buildings. The “Mill Pond” standard allowed a shadow to be cast to the bottom windowsill of the first story living space on the property to the north as functionally equivalent to “Standard A” Solar Access. This standard has been allowed for a number of subdivisions over the last 40 years, and in staff’s assessment, the Planning Commission can reasonably make a finding that the shading proposed is functionally equivalent to Standard A. A condition is recommended below to require that the building permit submittals demonstrate compliance with the “Mill Pond” shading described in the application, and with that 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 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.” 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 authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsections below, are 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. Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 7 of 14 Total Page Number: 23 5) Tree removal 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 multi 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 recommending approval of the proposed removal. Based on the location the proposed removal meets the criteria of approval for removal as it is located within the building envelope. 6) Public Input Notice was posted at the property frontage and mailed to all properties within 200’ on February th 13, 2026. At present no public comment has been received. III. Procedural – Approval Criteria 1) Outline Plan Approval Criteria 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 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. 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. 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. 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. Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 8 of 14 Total Page Number: 24 2) Final Plan Approval Criteria AMC 18.3.9.040.B.5 provides the approval criteria and standards for Final Plan approval: 5. Approval Criteria for Final Plan. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria: a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance. c. The common open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the street standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. 3) Supplemental Approval Criteria AMC 18.3.5.030.C provides the approval criteria and standards for development in the NMNP. 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. 4) Site Design Review Approval Criteria AMC 18.5.2.050 provides the approval criteria and standards for Site Design Review: Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 9 of 14 Total Page Number: 25 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. 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). 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. 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. 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 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 equally or better achieves the stated purpose of section 18.2.3.090. 5) Tree Removal Approval Criteria 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 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 Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 10 of 14 Total Page Number: 26 Standards in part 18.4 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, 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. 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. 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. IV.Conclusion and Recommendations Staff recommend that the Planning Commission approve concurrent Outline Plan and Final Plan for the PSO subdivision and the requested tree removal. Staff also recommend that the Planning Commission approve Site Design Review for the three proposed triplex buildings. 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 modified 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 shall 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 from 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 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 11 of 14 Total Page Number: 27 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 building permit submittals shall demonstrate compliance with the Millpond Standard for solar access described in the application materials, with shading not to extend above the lowest windowsill (five feet) of the first story living space. 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. Final electric service, utility and civil plans including but not limited to the water, sewer, storm drainage, electric, street and driveway improvements shall be submitted for the review and approval of the Planning, Building, Electric, and Public Works/Engineering Departments with the Final Plan submittal. The street 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-out’s; storm drain lines and catch basins; and locations of all primary and secondary electric services including line locations, transformers (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 Planning Departments prior to installation of facilities. c. A final storm drainage plan detailing the location and final engineering for all storm drainage improvements associated with the project shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. 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 Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 12 of 14 Total Page Number: 28 whole, and that storm water quality mitigation has been addressed through the final design. d. A final grading and erosion control plan shall be submitted for the review and approval of the Building, Planning and Engineering divisions. e. That a parking lot tree canopy plan shall be prepared by a licensed landscape architect or International Society of Arboriculture (ISA) certified arborist and provided for review. This plan shall include written certification from the landscape architect/arborist that the final plan as prepared is consistent with ANSI A300 standards. f. 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 submittals. Fire Department requirements shall be included in the civil drawings. g. 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 including trees and street trees, utilities, and stormwater detention and drainage system, and shall include an operations and maintenance plan for the stormwater detention and drainage system. h. 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. 8. Prior to the signature of the final plat: 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 right-of-way necessary to accommodate the proposed street system. c. Subdivision infrastructure improvements including but not limited to utilities, driveways, streets and common area improvements shall be completed 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 Planning Action: PA-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 13 of 14 Total Page Number: 29 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-T2-2026-00066 Ashland Planning Department – Staff Report Owner: CT Properties LLC Page 14 of 14 Total Page Number: 30 _________________________________ Total Page Number: 31 Total Page Number: 32 ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Kestrel Park, Phase 3–Area 7 A PERFORMANCE STANDARDS SUBDIVISION BY TAYLORED ELEMENTS Total Page Number: 33 REQUEST FOR OUTLINE AND FINAL PLAN APPLICATION OF A FOUR LOT PERFORMANCE STANDARDS SUBDIVISION INCLUDING A REQUEST FOR SITE DESIGN REVIEW FOR THREE, ATTACHED TRIPLEX DWELLINGS Map & Tax Lot: 391E04AD - 8600 Property Owner: CT Properties LLC 1679 Jackson Road Ashland, OR 97520 Surveyor: Pacific Crest Surveying 340 A Street #209 Ashland, OR 97520 Building Design: DeZine Fine Homes 190 Harrison Street Ashland, OR 97520 Landscape Design: Terrain Landscape Architecture 310 Oak Street, Suite 3 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services 1314-B Center Dr., PMB #457 Medford, OR 97501 Page 1 of 19 Total Page Number: 34 Property Details: The property is zoned North Mountain NM-MF (multi-family) and is part of the Kestrel Park Subdivision, referenced as area 7 on the subdivision plans. It was established as lot-31 of Kestrel Park Phase II. The parent parcel spans 2.27 acres, while the specific lot encompasses approximately 18,019 square feet. The future streets are presently being developed. When complete, this lot will have street frontage along Patton Lane on the west side. The north will be bound by Nandina Street, and the east side of the development area bound by Mariposa Lane. Historically, the North Mountain neighborhood has been planned since 1995, with the North Mountain Neighborhood Plan adopted in 1997 to guide growth over 30 years. Developments include a mix of single-family homes, cottage-style residences, and multi-family units, with extensive approvals in 2019 and 2020 for phased subdivisions. In 2019, an Outline and Final Plan (PA-T1-2019-00075) was approved for six larger lot areas with additional multi-family units and single-family residences. This phase consisted of single-family detached homes which are predominantly completed and outlined the area of future developments. In 2020, the Planning Commission 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-T1-2020-00113). This area or phase of the master plan consists of attached and detached cottage homes which have been completed. In 2025, the Planning Commission approved an Outline Plan approval for a 15 lot Performance Standards Subdivision, including a Site Design Review for 16 multi-family apartments, and Variancewas approved (PA-T2-2024-00054). Following the Outline Plan application, the area of the subject development, Area 7, was eliminated from the proposal and deferred for future developmentproposal. This received approval in 2025. Grading, drainage, street, and utility plans were included in these previoussubmittal. Theplans werecoordinated and designed in concert with various service agencies and City staff. Those infrastructure improvements and utility installationwithin the larger subdivision area are currently under construction. Page 2 of 19 Total Page Number: 35 Request: Request for approval of an Outline and Final Plan for Performance Standards Subdivision (PSO) to create four residential lots. Each lot is proposed to be developed with attached residential. Two lots are proposed with duplex units and two lots are proposed with a three-unit, triplex building as shown in the submitted architectural plans and solar analysis. Site Design Review approval is requested for the two triplex developments. The lot numbering is in sequence with the Lot numbering within Kestrel Park Phase 3. Units Proposed: 11 Lot 13 – Building 2: Triplex (3 units) Lot Size: 3,469 sq. ft. Building size: 1,350.2 sq. ft. Total coverage: 4,373.4 sq. ft. Lot 14 – Building 1: Duplex (2 units) Lot Size: 2,954 sq. ft. Building size: 1,089.9 sq. ft. Total coverage: 1,565.9 sq. ft. Lot 15 – Building 4: Triplex (3 units) Lot Size: 5,636 sq. ft. Building size: 1,448.94 sq. ft. Total coverage: 4,022.94 sq. ft. Lot 16 – Building 3: Triplex (3 units) Lot Size: 3,588 sq. ft. Building size: 1,616 sq. ft. Total coverage: 2,266 sq. ft. The proposed number of units remains within the allowed density range for Kestrel Park Phase III Areas 4–7 (23.66–43.56 units total). The proposed buildings provide strong street-facing entries and articulated façades consistent with North Mountain Neighborhood Design Standards. The development site slopes downhill toward the west and south. To work with the existing terrain, each building is designed with a daylight-basement foundation that steps up with the hillside. This design approach reduces the need for tall retaining walls, helps maintain a comfortable, pedestrian friendly building height and mass, and provides an organic transition between structures and the natural topography. Page 3 of 19 Total Page Number: 36 The proposed project complies with Ashland’s solar access performance standard requirements that have been applied within the North Mountain Neighborhood. Solar diagrams and corresponding illustrations have been provided within the Solar Analysis sheets to demonstrate compliance with the City’s Solar Performance standards. These graphics show how each building’s height, placement, and relationship to surrounding lots meet standard A solar access criteria without encroaching on neighboring properties passive solar and solar generating capabilities. The proposal for Buildings 2 and 4 includes the use of a modified solar setback to allow limited shadowing of Buildings 1 and 3 to the north, consistent with the “Millpond Standard” or North Mountain Standard, which permits shadow to encroach up the south wall of the structure to the north by up to five feet above the finished floor elevation. Supporting drawings have been included to illustrate how this standard is satisfied. There is adequate parking for the development provided through on-street parking bays located along the frontages of Patton Lane and head-in parking accessed from the public alley to the east. These bays are incorporated into the street design to serve residents and visitors while maintaining an efficient and walkable neighborhood environment. On the following pages, findings of fact addressing the City of Ashland’s Performance Options Subdivision Criteria for an Outline Plan Subdivision (Ashland Municipal Code (AMC) 18.3.9.040 A.3), Final Plan Subdivision (AMC 18.3.9.040 B.5.), and Site Review Criteria (AMC 18.5.2.050) and Tree Removal (AMC 18.5.5.040) are provided. For clarity, the criteria are in Times New Roman font and the applicant’s responses are in Calibri font. Thank you for your consideration, Amy Gunter Rogue Planning & Development Services, LLC 541-951-4020 Amygunter@rogueplanning.com Page 4 of 19 Total Page Number: 37 Findings of Fact Ashland Municipal Code (AMC) AMC 18.3.9.040 A.3. Outline Plan Approval Criteria a. The development meets all applicable ordinance requirements of the City. Finding: The proposed subdivision meets all applicable ordinance requirements of the City of Ashland. As permitted under the Performance Standards Option, the design provides a more flexible and innovative development pattern than conventional zoning standards allow, while maintaining full compliance with all mandatory criteria. Within the Kestrel Park Subdivision there is a mixture of housing types with a planned range of densities. The project reflects the intent of the PSO by emphasizing energy-efficient construction, architectural variety, and site design that works with existing topography rather than against it. Buildings are stepped with the hillside to reduce cut and fill, maintain an appropriate scale, and integrate smoothly with surrounding development. The subdivision also upholds the PSO requirement to provide a quality of life equal to or greater than that achievable under standard zoning. The proposal continues the established development pattern of the North Mountain Neighborhood and Kestrel Park by incorporating pedestrian-oriented building fronts, and connected streets. These elements reinforce the character of nearby neighborhoods such as North Mountain, Ashland Village, Clay Creek Gardens, and Beach Creek—other successful PSO developments that prioritize porches, walkability, and visually engaging streetscapes. Finally, the design reduces the impact of development on the natural and built environment. Although this portion of Phase III contains fewer natural features than earlier phases of Kestrel Park, the project responds sensitively to the site’s east-to-west slope and avoids unnecessary grading by incorporating daylight-basement building designs. Street and pedestrian connections align with the existing neighborhood framework, limiting disruption and ensuring compatibility with the surrounding residential pattern. 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. Finding: 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. Page 5 of 19 Total Page Number: 38 The attached preliminary Civil Plans illustrate the various utilities and their extension to the proposed units. The project’s Civil Engineer has communicated with City staff to ensure the subject 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. 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. Finding: The applicants have evaluated the site for existing natural features, including wetlands, floodplain corridors, mature trees, ponds, and other significant environmental elements. This portion of Phase III contains no identified wetlands, riparian corridors, notable tree stands, rock outcroppings, or other significant natural features. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. Finding: The subject property is surrounded on all sides by urbanized lands in compliance with the City’s Comprehensive Plan, including existing residential subdivisions to the north, east and west. As such, the development of the subject property 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. Finding: 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 III, but common areas do exist in Areas #6 for shared driveways, common landscaping and irrigation as it relates to the individual parcels occupied with multi-family housing. f. The proposed density meets the base and bonus density standards established under this chapter. Finding: The proposed subdivision complies with the base density standards established for the North Mountain Multi-Family (NM-MF) zoning district and the density requirements allocated to Kestrel Park Phase III Page 6 of 19 Total Page Number: 39 (Areas 4–7). The development includes 11 dwelling units, which falls fully within the approved density range of 23.66 to 43.56 units for the combined Phase III areas. The Planning Commission decision in 2025 notes the required density of Area 7 requiring between 1.44 – 18.92 dwelling units (PA-T2-2024-00054, Findings of Fact, Section 2.4.6; Pg. 7). No bonus density is requested or required to achieve this total. Kestrel Park Density Allocation Table NM Zone NM-G NM-R-1-7.5 NM-MF Acres 5.99 ac 2.76 ac 4.74 ac Dwelling Units Per Acre - 3.6 12 75% to 110% Base Density - 7.42–11.02 42.66 – 62.56 ((56.88 - Requirement base)) Approved Density (Phase I –-11 4 Areas 1 & 2) Approved Density (Phase II – - - 15 Area 3) Permitted Density (Phase III – - 23.66* – 43.56** Areas 4 - 7) g. The development complies with the street standards. Finding: The proposed streets comply with the Planning Commission’s previously approved findings of fact as noted below from the original Kestrel Park Subdivision’s 2019 approval (PA-T1-2019-00075). 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. Finding: 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 corners 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 applications. Overall, the proposal complies with the open space provisions noted in Chapter 18.4.4.070. Proximity to a public park also warrants an exception to common open space requirements if the above were to be not found sufficient. AMC 18.3.9.040 B.5. Final Plan Approval Criteria Page 7 of 19 Total Page Number: 40 a.The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. Finding: The number of dwelling units remains the same as originally proposed and adopted with the Outline Plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance. Finding: This standard is met. c.The common open spaces vary no more than ten percent of that provided on the outline plan. Finding: This standard is met. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. Finding: This standard is met. e.The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. Finding: This standard is met. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. Finding: No density bonus points are being requested. g. The development complies with the street standards. Page 8 of 19 Total Page Number: 41 Finding: This standard is met. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. Finding: The proposed plan has not been changed as it relates to density allocations. SITE DESIGN REVIEW Chapter 18.5.2 18.5.2.050 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. 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 subject application complies with all of the applicable provisions of the NM-R-1-5 zone, including building and yard setbacks from the parent parcel, density, lot coverage, building height, building orientation, architecture, solar access and all other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). Finding: The subject property is located within the North Mountain Neighborhood District and is therefore subject to the applicable standards of AMC 18.3.5. The proposal complies with all relevant provisions of the district, including dimensional requirements, building orientation standards, parking provisions, and the minimum and maximum density criteria. In addition, the supplemental approval criteria for Site Design and Architectural Review contained in AMC 18.3.5.030(C) are addressed in the following findings. North Mountain Neighborhood: 18.3.5.030 Site Plan and Architectural Review Procedure Page 9 of 19 Total Page Number: 42 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. Finding: The proposal complies with the specific design requirements of the North Mountain Neighborhood Design Standards. These standards address permitted building types, façade design, pedestrian orientation, solar access, open space relationships, and dimensional requirements within the NM district. The submitted architectural plans, elevations, and solar analysis demonstrate compliance with these standards. Buildings provide appropriately scaled façades and pedestrian- oriented elements consistent with required design guidelines. Solar compliance is demonstrated through the submitted solar access diagrams showing Class A compliance and, where applicable, the modified solar standard permitted within the North Mountain district. Building placement and massing respect required setbacks, height limitations, and orientation requirements. Furthermore, the subdivision layout and building configuration maintain the intended neighborhood structure by placing buildings close to streets, reinforcing a strong pedestrian environment, and incorporating architectural styles compatible with existing development in Kestrel Park. All dimensional and design requirements applicable to the NM district have been met or exceeded. 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. Finding: The proposed application complies with all applicable Site Development and Design Standards of Chapter 18.4, where applicable. Additional Findings have been included below Chapter 18.4.2 BUILDING PLACEMENT, ORIENTATION, AND DESIGN 18.4.2.030 Residential Development Page 10 of 19 Total Page Number: 43 C. Building Orientation. Residential buildings that are subject to the provisions of this chapter shall conform to all of the following standards. See also solar orientation standards in section 18.4.8.050. 1. Building Orientation to Street. Dwelling units shall have their primary orientation toward a street. Where residential buildings are located within 20 feet of a street, they shall have a primary entrance opening toward the street and connected to the right-of-way via an approved walkway. 2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or on one or both sides. 3. Build-to Line. Where a new building is proposed in a zone that requires a build-to line or maximum front setback yard, except as otherwise required for clear vision at intersections, the building shall comply with the build-to line standard. Finding: All dwelling units have been oriented toward the adjacent street or internal pedestrian circulation routes to maintain a strong relationship between building entries and the public realm. Where buildings front a public street, primary entrances face the street and are connected to the right-of-way through clearly defined walkways that promote pedestrian access and visibility. No off-street parking is located between the buildings and the street. The project also complies with the applicable build-to line standard, placing building façades within the required front yard range to establish a continuous and cohesive street edge. D. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or storing vehicles, including those parking and vehicle storage structures accessory to detached single-family dwellings. The standards are intended to balance residents’ desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street-facing garages. For the purpose of this subsection, a garage opening is considered to be facing a street where the opening is parallel to or within 45 degrees of the street right-of-way line. Finding: No garages are proposed. Page 11 of 19 Total Page Number: 44 E. Building Materials. Building materials and paint colors should be compatible with the surrounding area. Very bright primary or neon-type paint colors, which attract attention to the building or use, are unacceptable. Finding: The proposed building material includes Cementous lap siding with multi-groove Hardie board panel elements to enhance entry areas and patio areas. There is composite shingle roofing and standing seam metal roofing over covered patio areas (flat roofs sections). Neutral, natural paint colors compatible with the surround area provide for a cohesive building design that fits within the North Mountain Neighborhood. F. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. Finding: Street tree planting plan compliant with the street tree spacing standards are provided on the project Landscape Plans (L. 1.0). G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chapter 18.4.4. Finding: See findings addressing this criteria further below. H. Open Space. Common and/or private open space is required to be provided pursuant to section 18.4.4.070. Finding: Adequate open space includes common area, subdivision park area and private open space. See more details in the open space section below. Chapter 18.4.3 PARKING, ACCESS, AND CIRCULATION 18.4.3.040 -Vehicle and Bicycle Quantity Standards Finding: There are 12 off-street parking spaces provided via the alley. Additional on-street parking is provided via parking bays on Patton Lane. The multi-family design standards allow for a maximum Page 12 of 19 Total Page Number: 45 of two vehicle parking spaces per unit. The proposal provides less than one vehicle parking space per dwelling. These parking spaces are near the dwelling units with the required landscape and distance separation to buffer the parking spaces from the dwellings. 18.4.3.050 Accessible Parking Spaces Finding: There is one, Van Accessible ADA parking space within the parking area accessed from the alley. The accessible parking space will be signed and comply with required dimensional and slope criteria and is adjacent to pedestrian access to the buildings. 18.4.3.070 Bicycle Parking Standards Finding: A total of 16 bicycle parking spaces provided which meets the requirement for three triplex buildings, with two-bedroom units. The bicycle parking spaces are covered shelters with U racks. There are six bike parking spaces for Lot 14 on Lot 14, in the northwest corner of the property near the north most unit adjacent to the stairs. The other bike parking spaces are located in adjacent to the parking area. These bike parking spaces are accessible via the public right of ways and internal pathways. All bicycle parking spaces are designed to comply with the standards from 18.4.3.070 including spacing, coverage, lighting and are placed in locations that provide maximum visibility from the units and in various locations based on the need of the tenants. 18.4.3.080 Vehicle Area Design Finding: There are 12 parking spaces on site provided as head-in parking spaces, accessed from the public alley. Additional parking is provided via the on-street parking bays on the right-of-way of Patton Lane. The proposed parking area complies with the parking area design standards. There are landscape bays to provide shade trees. The vehicle parking spaces comply with minimum dimensional standards of 9’X18’ for standard spaces and 8’X16’ for compact spaces. The spaces are designed Page 13 of 19 Total Page Number: 46 to mitigate environmental impacts through the use of increased shade from the large stature tree canopy to provide more than 50% of the parking area with shade. There are no conflicts with overhead utilities and the trees. Stormwater will be removed from the parking areas via catch basins at the low points in the paving. The required 40 percent of the parking spaces will be EV ready. 18.4.3.090 Pedestrian Access and Circulation Finding: All walkways within the development are continuous and designed to get pedestrians safely to their front doors, the bike parking shelters, and/or the trach enclosure. The walkways comply with minimum width standards. Chapter 18.4.4 LANDSCAPING, LIGHTING, AND SCREENING Finding: A landscape plan is provided demonstrating compliance with all required planting standards, including coverage, species selection, street trees, lighting, trash, and irrigation provisions. With respect to the open space requirements, the proposed Phase III development continues the established pattern of the Kestrel Park Subdivision, which has already dedicated and provided substantial open space areas as part of the approved Phase I and Phase II improvements. The Kestrel Park Subdivision encompasses 13.48 acres, of which 5.13 acres were dedicated as public open space (Bear Creek Riparian Area) and an additional 0.7 acres were platted as private open space for the subdivision’s on-site wetlands and smaller landscaped common areas dispersed throughout the neighborhood. In total, 5.82 acres, or approximately 43 percent of the entire subdivision acreage, has been set aside as functional open space, significantly exceeding the 8 percent required for Performance Standard Subdivisions and the additional 4 percent required for Site Review applications. These areas were intentionally planned to serve the recreational, environmental, and aesthetic needs of the subdivision’s residents and surrounding community, providing opportunities for walking, passive recreation, riparian access, bird watching, and future connectivity to the Bear Creek Greenway extension. Phase III is eligible for an exemption from additional on-site open space because the development is located immediately adjacent to and integrated with this established network of Page 14 of 19 Total Page Number: 47 open space and with the large public park facilities serving the North Mountain and Kestrel Park neighborhoods. The neighborhood’s public park resources are directly accessible to the residents of Phase III and provide more than adequate recreational amenities to satisfy the open space needs that would otherwise be required within the project boundary itself. These existing public and private open space resources function as extensions of the Phase III development and are readily accessible through internal sidewalks, shared accessways, and pedestrian linkages. While no new subdivisional open space areas are proposed within Phase III, the design incorporates shared common areas, as well as outdoor private amenities. Every building within Phase III includes its own private patio space, ensuring dedicated outdoor living areas in addition to the extensive common and public open space surrounding the subdivision. These private patios complement the broader open space system and contribute to residents’ access to functional outdoor environments for daily use. Chapter 18.4.5 TREE PRESERVATION AND PROTECTION Finding: A non-hazard, multi-stem, 10” DBH Cherry Tree that was approved for removal in the Outline Plan Approval was not removed due to the removal of Area 7 from the Plan. The tree appears to be a shrub-like in nature likely due to repeated mowing preventing a single stem with a branching structure typical of a Cherry tree. This tree is located within the area of site disturbance for the construction of parking and dwellings within Area 7. Per PA-T202024-00054, staff and the Tree Management Advisory Committee ( MAC) previously reviewed tree, its location and condition and questioned if the proposed tree removal was in fact a regulated tree, while also unanimously recommending approval of the proposed removal. Based on the location the proposed removal meets the criteria of approval for removal as it is located within the building envelope. The tree removal will not cause a significant decline in tree canopy coverage of fruit trees in the vicinity. The tree is not part of any windbreak, and its removal will not cause erosion. The proposed tree planting plan mitigates the loss of the Cherry tree and replaces the canopy of this multi-stemmed Cherry tree. Chapter 18.4.6 PUBLIC FACILITIES Page 15 of 19 Total Page Number: 48 Finding: Public facilities necessary to serve the subject property, including street improvements, storm drainage and surface water management, sanitary sewer, potable water service, and other utilities, are provided in accordance with design standards. The street layout and improvements proposed as part of this subdivision align with the planned extensions of Patton Lane, Nandina Street, and the alley and are consistent with the City’s street design expectations, including connectivity, and circulation. Chapter 18.4.7 SIGNS Finding: No signs are proposed. Chapter 18.4.8 SOLAR ACCESS Finding: The proposal complies with the solar access requirements of AMC 18.4.8. A complete Solar Analysis has been submitted illustrating how building height, placement, and site slope demonstrate the City’s solar access performancestandards. The project also utilizes the modified solar setback provisions allowed within the North Mountain Neighborhood (Millpond/North Mountain Standard), which permit limited shadowing on the south wall of adjacent buildings up to five feet above finished floor elevation of the upper floor level. The application seeks flexibility to allow for the shadow of the adjacent buildings on the lots to shade the structure to the north more than a six-foot fence would. Each building is not designed but the request would be to allow a five-foot shadow up the adjacent south wall of the structure to the north. Separation between the buildings is preferred to large spans of attached wall housing and the introduction of property lines which necessitates the Solar Performance Standard. The submitted diagrams demonstrate that the buildings conform to these standards, and therefore the application satisfies AMC 18.4.8 – Solar Access. 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. Page 16 of 19 Total Page Number: 49 Finding: 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 Civil Plans illustrate the various utilities and their extension to the proposed units. The The project's Civil Engineer has communicated with City staff to ensure the subject infrastructure needs meet City standards and address all capacity requirements. At the time of the Final Engineering Plan submittal, final sign-off of the street construction drawings, the plans will be further refined but remain consistent with the drawing included herein. 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 Nandina Street and Patton Lane. Sewer: The property is currently served by an eight-inch sanitary sewer main extending from Nandina Street and Patton Lane. Electricity: 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 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 Engineering Plan details. Urban Storm Drainage: As with the various utilities, 12” storm drain facilities exist within the adjacent rights-of-way abutting the property which collects urban run-off and transfers it down to a 12” main in Kestrel Parkway and out to the subdivision’s storm water collection basin within the recently constructed Bear Creek open space area. Overall, the applicants contend 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. The development will not cause a City facility to operate beyond capacity. Easements will be provided for public and private utilities that cross property lines. 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. Page 17 of 19 Total Page Number: 50 Finding: Not applicable. The applicants are not requesting any exceptions to the Site Development and Design Standards. Page 18 of 19 Total Page Number: 51 Total Page Number: 52 53 Number: Page Total Total Page Number: 54 55 Number: Page Total 56 Number: Page Total 57 Number: Page Total 58 Number: Page Total 59 Number: Page Total 60 Number: Page Total 61 Number: Page Total 62 Number: Page Total 63 Number: Page Total 64 Number: Page Total 65 Number: Page Total 66 Number: Page Total 67 Number: Page Total 68 Number: Page Total 69 Number: Page Total 70 Number: Page Total Total Page Number: 89 Total Page Number: 90 91 Number: Page Total 92 Number: Page Total 93 Number: Page Total Total Page Number: 94 Total Page Number: 95 Total Page Number: 96 97 Number: Page Total EFDFNCFS!2:-!3136