ASHLAND PLANNING DEPARTMENT SITE: PRE-APPLICATION … · 2016-12-12 · of E-1 land and associated employment generation in favor of a transient occupancy business is ... the location

The comments of this pre-app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre-application.

ASHLAND PLANNING DEPARTMENTPRE-APPLICATION CONFERENCE COMMENT SHEET November 23, 2016

SITE: Ashland Street APPLICANT: Marriott/Rogue REQUEST: Annexation, Comp Plan Amendment, Zone Change, Variance, Site Review, CUP

PLANNING STAFF COMMENTS This pre-application conference is intended to highlight significant issues of concern to staff and bring them to the applicant’s attention prior to their preparing a formal application submittal. Summary: Planning staff recognizes that the proposed use may have some benefits in the location, particularly given the lots’ access constraints. However, Annexation, Comprehensive Plan Map Amendment and Zone Change applications are highly discretionary to begin with and the addition of Variance and multiple Conditional Use Permit requests raise that bar higher. The application involves high profile issues and a high degree of discretion, and until staff sees how these issues are addressed we are unable to take a position on the application. We would suggest that once the issues raised herein are addressed and incorporated into the proposal that a follow-up meeting be scheduled to look more closely at details (versus larger policy issues) before an application is prepared. Annexation & Council Expectations: Ashland’s Planning Commission and City Council are keenly aware that annexations are subject to approval at the discretion of the City Council and as such, even an application that provides a significant public benefit faces a heavy burden of proof in terms of addressing bigger picture issues such as how it contributes to the long-term livability of not only the proposed development, but the immediate surroundings and broader community; how effectively natural features of the site are protected and incorporated into the proposed development; how the proposal contributes to an interconnected transportation system that accommodates all modes of travel; and how issues such as sustainable development, green building, green street designs, and solar access are incorporated. Staff believes that the expectation will to be that the applicants go far beyond minimum expectations set for annexations in the Land Use Ordinance. The final application will need to clearly address the approval criteria for annexation in AMC 18.5.8.050, and faces significant hurdles in doing so, including:

Treatment of Tax Lot #101: The City would not typically annex a parcel without a development proposal for either commercial or residential development. It does not appear that Tax Lot #101 is addressed in the proposal other than bringing the property into the city with an amended zoning.

Adequate Transportation/Traffic Impact Analysis: As noted in the comments from the Engineering Department below, a full Traffic Impact Analysis will likely be required for the project. Specifications for the TIA are included in the Engineering comments. The impacts to the function of the interchange should be considered, and added trips or turning movements in this vicinity may

Ashland Street_TL 101 & 1200

December 1, 2016 Page 2

be a significant concern for the City and ODOT. The application should speak to the adequacy of the Ashland Street corridor in the vicinity in light of the likely impacts of the proposal and the findings of the TIA.

Adequate Capacity of Public Facilities: Annexation approval will require a demonstration that adequate capacity of public facilities can and will be provided to and through the development by the developer with annexation.

Storm Drain Facilities: The application will need to thoroughly address requirements that post development peak stormwater flows are less than or equal to pre-development levels and address necessary water quality mitigation requirements.

Zone/Comp Plan Map Change (Legislative): A zone change to C-1, which is inconsistent with the Comprehensive Plan Map designation from the property, requires a legislative amendment of the city’s Comprehensive Plan Map and elevates the burden of proof on the applicants to addressing a purely discretionary decision on the part of the Council. Based on staff’s past experience with similar requests, there would need to be a compelling argument that such a change address a clear public need while not exacerbating existing high profile issues.

Loss of Residential Land from Inventory: In staff’s view, such a request is likely to be met with more resistance than might be expected, and staff do not believe it can be assumed that adjacency to the freeway means that the property is inappropriate for residential use. There are numerous other examples of housing developments along the I-5 corridor, and given the need for rental housing as well as affordable housing and the city’s decision to not add to its urban growth boundary for the next 50-60 years, the loss of any residential inventory is likely to be met with strong resistance. A zone change away from multi-family residential will pose concerns for removing not only the residential land but the required affordable housing that would otherwise be required with a residential annexation, and in the midst of an affordability and rental housing crises this may be a difficult pill to swallow. The applicants should anticipate and be ready to address questions of providing a commensurate amount of affordable housing on another site and carefully consider housing and affordability issues and whether there is an opportunity for the development of moderate-priced housing on the unused portion of the unused portion of this site that could be available to employees of Ashland’s service businesses (i.e. restaurant, entertainment, etc.), and that would be attractive to households desiring to be close to public transit and local services as an alternative to Talent, Phoenix or Medford.

Loss of E-1 Land from Light Industrial Inventory: E-1 inventory is in short supply, and the loss of E-1 land and associated employment generation in favor of a transient occupancy business is likely to be a concern for the Council. While there are some access constraints, the location seems well-suited to light industrial or other niche business that do not need high visibility, are concerned about land and other development costs, and could benefit from the easy freeway access. Large hotel developments generally do not provide a lot of living wage jobs, and the application will need to show a need based upon historic occupancy rates (which may be difficult), as well as why the property is unsuitable for other light industrial uses that do not need high visibility, but have higher wages and more in line with the City’s Economic Development Strategy and recently published



Business Retention and Expansion Survey results. It would help to detail the type, number and salary of jobs to be created with the proposal and any other economic benefits that could be associated with the proposal.

Conditional Use Permit: Hotel or Motel uses require a Conditional Use Permit. Conditional Use Permits are a discretionary approval intended to provide for the consideration and mitigation of adverse material impacts of the proposed use as compared to the typical impacts for the target use of the zone. These range from noise, light and glare to traffic and parking to architectural compatibility, and include other unspecified issues that the Planning Commission and Council determine to be a concern. Here, likely considerations would be impacts to surrounding businesses (access conflicts, parking, impacts to views, spill-over impacts to adjacent businesses’ parking lots, etc.) but more broadly the application would need to speak to whether additional room inventory is needed, what the impact of the proposed additional rooms would be to established transient accommodations – particularly around the downtown, and how the proposed facility might relate to conference center activity at Ashland Hills Inn. Hotel as a Conditional Use Requires a Variance with Annexation: One of the criteria for Annexation in AMC 18.5.050.H.2 requires that a commercial lot obtain Site Design Review approval for a permitted or special permitted use concurrent with the Annexation request. A hotel or motel use is a Conditional Use in a commercial zone, so the application would require a Variance to the Annexation criteria. The application has the burden of proof in demonstrating the request meets the approval criteria for a Variance in the written findings included with the application. The application must discuss and justify why the property is not suited to a permitted or special permitted use; the burden of proof will be on the applicants to demonstrate that this is not detrimental to the public interest of maintaining adequate land inventory for a variety higher employment generating uses. It may be difficult to justify the proposal when, on top of the other issues raised, a Variance to one of the primary approval criteria for Annexation is necessary. Conditional Use Permit – Height: A Conditional Use Permit would also be required to build a building more than 40 feet tall (but less than 55 feet tall) within the C-1 zoning district. Site Design Review: The final application would need to include plans, elevation drawings and written findings for Site Design Review, including any necessary Exceptions to the applicable design standards. In preliminary analysis, this would likely include exceptions to the requirements for “Primary Orientation” and to the 45,000 square foot building size limitation (i.e. the “Big Box” ordinance). Justifying exceeding the 45,000 square foot limitation is likely to be a difficult argument to make. Traffic & Parking, Access & Circulation: The access point from Ashland Street has proven limiting in past pre-application inquiries. Additional vehicle trips and turning movements in proximity to the interchange have previously caused concern on the part of the Oregon Department of Transportation, and staff would advise the applicants to 1) contact Donald Morehouse at ODOT as early in the process as possible to discuss any potential concerns and solutions*; and 2) explore the options for easement access through the properties to the west with adjacent property owners. Management Analyst Adam Hanks in the Administration Department handles works on economic development issues for the city and has indicated



that he would be willing to make initial contact with adjacent property owners to gauge their interest in discussing easement access.

Access Management: Controlled access requirements call for a minimum of 100 feet separation between driveways on an arterial street. Additionally, this section of Ashland Street is under ODOT jurisdiction, which may have stricter access management standards. Any existing non-conforming access configuration would need to be addressed through the application.

Aerial Fire Truck Access: Fire Department comments are included as a separate attachment at the end of this document. Given the building’s proposed height, aerial fire truck access is likely to be required. This would mean that a 26-foot clear width for the accessway would need to be provided along with pedestrian and bicycle access and any necessary screening. Previous applications have attempted to address this standard with the use of mountable curbs to enable pedestrian walkways to do double-duty as fire apparatus access and using grass-pave or similar treatments so that landscaped areas can serve as fire apparatus access when necessary. The application would need to detail how these would be addressed in the available access width and verify that the road easement is satisfactory to Fire for their purposes (i.e. there may be concerns with restaurant delivery vehicles, for instance, that currently block this access). The main entrance is constricted by encroachments into the easement. Application should address the impact of this and show how the required clear width for fire apparatus access as well as adequate pedestrian and bicycle access can be accommodated.

Parking: As shown, the parking configuration does not appear to address required manager or ADA parking.

Internal Circulation & Streetscape: The final application will need to carefully address the parking and parking area design, access and circulation requirements in AMC 18.4.3. This includes requirements for addressing the micro-climatic impacts of parking, using parking lot swales for drainage, and providing street-like features within the parking lot for pedestrian circulation.

Bicycle & Pedestrian Connectivity: How are pedestrian trips and pedestrian access to be accommodated/encouraged (i.e. how are pedestrian facilities to be provided within the easement to provide safe/separate facilities?) As part of the required demonstration of adequate transportation, the application would need to consider and address safe and accessible connections to future destinations for bicycle and pedestrian travel from the site (i.e. nearby grocery stores, restaurants, transit stops, etc.).

Bicycle Parking: Bicycle parking must be within 50 feet of the main entrance. The bicycle parking must be designed to the standards described in the Off-street Parking chapter 18.4.3., with one bicycle space per 5 automobile parking spaces, with 50 percent required to be covered.

Tree Preservation/Protection: All planning actions are required to include a tree preservation/protection plan; this is intended to ensure that trees (including street trees, parking lot trees and trees on adjacent properties within 15 feet of the property line) are protected during all site disturbance (including demolition,



staging, construction, driveway/parking installation, staging of materials, etc.) This plan must address all trees on the property over six-inches in diameter at breast height (d.b.h.) and all trees that are located on adjacent properties within 15 feet of the property line as well. Tree Removals are subject to the tree removal permit process, and the required application submittals are outlined below. Irrigation: Applicants should also look closely at the impacts of proposed urbanization to any existing irrigation system on or near the site, as the City, County and irrigation district will look to ensure that urbanization as proposed does not compromise the continued viability of the irrigation system for County lands. Planning Commission & Council Site Visit: Given the location and access constraints for the property, site visits would likely need to be scheduled for the Planning Commission and Council, as well as any advisory commissions (Tree, Housing, Transportation) likely to review the proposal. Staff would coordinate these site visits with the applicants prior to the meeting(s). Neighborhood Outreach: Staff strongly recommend meeting with the adjacent property owners, business owners and residents to review the conceptual development plan early in the design process (i.e. well prior to submitting an application) in order to identify and hopefully address potential issues that are likely to arise in the planning process. Public notice will be sent to neighboring property owners within 200 feet of the properties’ perimeter, posted around the property, and advertised in the local newspaper.

OTHER DEPARTMENTS’ COMMENTS

BUILDING DEPT: Please contact the Building Division for any Building Codes-related information at (541) 488-5305. ENGINEERING/PUBLIC WORKS/STREETS/TRANSPORTATON/STORMWATER: Please see comments at the end of this document. Please contact Karl Johnson in the Engineering Division for any further information at (541) 488-5347 or e-mail [email protected] . ENERGY CONSERVATION: This project may be able to be built more sustainably with financial and technical assistance from the City's Earth Advantage and/or Energy Star Programs. For more information, please e-mail Dan Cunningham in Conservation at: [email protected] or call (541) 552-2063. FIRE DEPARTMENT: Please see comments at the end of this document. Please contact Division Chief and Fire Marshal Margueritte Hickman of Ashland Fire at Rescue for any Fire Codes-related information at (541) 552-2229 or e-mail [email protected] .



WATER AND SEWER SERVICE: Please contact Steve Walker of the Water Quality Division for service requirement and fee information at (541) 552-2326 or via e-mail to [email protected] .

ELECTRIC SERVICE: Please Note - There is a possibility existing PP&L customers will need to be purchased at developer’s expense from PP&L at the time of annexation. Please contact Dave Tygerson in the Electric Department at (541) 552-2389 or e-mail [email protected] for service requirements and fee information. Dave will arrange an on-site meeting with the applicants’ team and will develop a service plan for the project. This plan will be provided and will need to be incorporated into the applicants’ utility plans prior to final application submittals. Please allow for the additional time necessary to coordinate a meeting, meet on-site and prepare a service plan. Applications without an approved electric service plan will not be deemed complete.

HOUSING COMMISSION: The pre-application should be presented to the Housing Commission for their review and comment prior to submittal of a formal application. Please contact Housing Specialist Linda Reid at (541) 552-2043 or e-mail [email protected] to schedule this presentation. TRANSPORTATION COMMISSION: The pre-application should be presented to the Transportation Commission for their review and comment prior to submittal of a formal application. Please contact the Public Works Department at (541) 488-5347 to schedule this presentation. OREGON DEPARTMENT OF TRANSPORTATION (ODOT): Because the application involves an annexation and zone change, it is subject to review for ODOT for potential impacts to their system under the Transportation Planning Rule. A copy of the pre-application submittal has been provided to ODOT for their review and comment, and applicants will need to work with the City of Ashland, Jackson County and ODOT for the specific scoping of necessary traffic impact analyses. For any further information, please contact Don Morehouse, Senior Transportation Planner at the ODOT Region 3, District 8 offices (aka “The White City Tech Center”) at Ph: (541) 774-6399; Fax: (541) 774-6349; or via e-mail to [email protected] . Given potential access issues and the likely need for a Traffic Impact Analysis, the applicants would be well-advised to contact ODOT as early in their planning process as possible. ROGUE VALLEY TRANSPORTATION DISTRICT (RVTD): In addressing requirements for adequate transportation facilities, which include provisions for transit, the applicants will need to coordinate transit provisions (i.e. a future bus stop/shelter on East Main Street) with the Rogue Valley Transit District. A copy of the pre-application submittal has been provided to RVTD for their review and comment. For any further information, please contact RVTD Senior Planner Paige Townsend at (541) 608-2429 e-mail [email protected] .

UnifiedStandardsforNon‐ResidentialZonesfromAMC18.2.6.030



Table 18.2.6.030 – Standards for Non-Residential Zones1 (Except as modified under chapter 18.5.5 Variances.)

Standard Proposed

C-1 C-1-D

Current E-1

M-1

Residential Density1 (dwelling units/acre)

30 du/ac 60 du/ac 15 du/ac NA

1where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13 Residential Overlay).

Lot Area, Width, Depth

Lot Coverage

There is no minimum lot area, width or depth, or maximum lot coverage; or minimum front, side or rear yard, except as required to comply with the special district and overlay zone provisions of part 18.3 or the site development and design standards of part 18.4.

Setback Yards (feet)

There is no minimum front, side, or rear yard required, except where buildings on the subject site abut a residential zone, in which case a side of not less than 10 ft and a rear yard of not less than 10 ft per story is required.

The solar setback standards of chapter 18.4.8 do not apply to structures in the C-1-D zone.

Except for buildings within 100 feet of a residential zone, the solar setback standards of chapter 18.4.8 do not apply to structures in the C-1 zone.

See also section18.2.4.030 Arterial Street Setback.

There is no minimum front, side, or rear yard, except 20 ft where adjoining a residential zone.

Building Height2&3 – Maximum (feet)

40 ft, except:

- Buildings greater than 40 ft and less than 55 ft are permitted in C-1-D zone with approval of a Conditional Use Permit.

-Where located more than 100 feet from a residential zone, buildings greater than 40 ft and less than 55 ft are permitted in C-1 zone with approval of a Conditional Use Permit.

40 ft

2See definition of “height of building” in section 18.6.1.030. 3Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment review process.

Landscape Area – Minimum (% of developed lot area)

15%

None, except parking areas and service stations shall meet the standards of chapters 18.4.3 Parking, Access, and Circulation, and 18.4.4 Landscaping, Lighting, and Screening.

15% 10%



LANDSCAPING REQUIREMENTS: 15 percent of the site is required to be provided in naturally landscaped areas. A size- and species-specific landscaping and irrigation plan satisfying the requirements of the Site Design and Use Standards Handbook is required to be provided with the application. Street Trees selected from the Street Tree list are required to be planted at a spacing of one per 30 feet of street frontage. Street trees must be irrigated. Parking lot landscaping and screening, and required parking lot trees, must be provided according to the applicable standards. PARKING, ACCESS, AND INTERNAL CIRCULATION: As per the requirements of AMC 18.4.3. Hotel/motel use generally requires one space per guest room plus one space for the owner/manager. SIGNAGE: Any signage proposed with the application should be detailed in the final submittal materials for consideration in light of the applicable sign regulations found in AMC 18.4.7, including compliance with the allowed freeway signage regulations. PROCEDURE: Type III – Decision through a public hearing at the full Planning Commission followed by a public hearing before the City Council. The final City Council decision must be adopted by Ordinance, which requires reading at two Council meetings. APPLICATION MATERIALS: The application is required to include drawings of the proposal (i.e. plan requirements) as well as written findings addressing the applicable approval criteria in accordance with the Ashland Land Use Ordinance (ALUO), Chapter 18 of the Ashland Municipal Code. The following section includes the requirements for plans and approval criteria which are applicable to the proposal as described in the pre-application submittals. When more than one planning approval is required for the proposal, multiple sections of the ALUO may apply. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre-application conference. Plan Requirements Two (2) copies of the plan submittals required for an Annexation in Chapter 18.5.8.020 “Applicability and Application Submission Requirements”

A. Consent to annexation, which is non‐revocable for a period of one year from its date.

B. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special

districts defined in ORS 222.510.

C. Boundary description and map prepared in accordance with ORS 308.225. Such description and map

shall be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented

as required by statute subsequent to City Council approval of the proposed annexation.



D. Written findings addressing the criteria and standards in section 18.5.8.040.

E. Written request by the property owner for a zone change. Provided, however, no written request

shall be necessary if the annexation has been approved by a majority vote in an election meeting

the requirements of Section 11g of Article XI of the Oregon Constitution (Ballot Measure No. 47).

Two (2) scalable copies of the plans required for Site Design Review approval as detailed in AMC 18.5.2.040 The following information is required for Site Design Review application submittal, except where the Staff Advisor determines that some information is not pertinent and therefore is not required.

A. General Submission Requirements. Information required for Type I or Type II review, as applicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards.

B. Site Design Review Information. In addition to the general information required for Site Design Review, the applicant shall provide the following information.

1. Basic Plan Information. Plans and drawings shall include the project name, date, north arrow, scale, and names and addresses of all persons listed as owners of the subject property on the most recently recorded deed. The scale of site and landscaping plans shall be at least one inch equals 50 feet or larger, and of building elevations one inch equals ten feet or larger.

2. Site Analysis Map. The site analysis map shall contain the following information.

a. Vicinity map.

b. The property boundaries, dimensions, and area of the site shall be identified.

c. Topographic contour lines at 5-foot intervals or less, except where the Staff Advisor determines that larger intervals will be adequate for steeper slopes.

e. Zone designation of the and adjacent to the proposed development, including lands subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, Physical and Environmental Constraints, and Water Resource Protection Zones overlays (see part 18.3 Special Districts and Overlays).

f. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site.

g. The location and size of all public and private utilities, on and adjacent to the subject site, including:

i. Water lines;

ii. Sewer lines, manholes and cleanouts;

iii. Storm drainage and catch basins; and



iv. Fire hydrants.

h. Site features, including existing structures, pavement, drainage ways, rock outcroppings, areas having unique views, and streams, wetlands, drainage ways, canals and ditches.

i. The location, size, and species of trees six inches DBH or greater, including trees located on the subject site and trees located off-site that have drip lines extending into the subject site.

3. Proposed Site Plan. The site plan shall contain the following information.

a. The proposed development site, including boundaries, dimensions, and gross area.

b. Features identified on the existing site analysis maps that are proposed to remain on the site.

c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development.

d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements.

e. The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements, including:

i. Connection to the City water system and meter locations;

ii. Connection to the City sewer system;

iii. Connection to the City electric utility system and meter locations;

iv. New and/or replaced fire hydrants and vault locations;

v. The proposed method of drainage of the site; and

vi. The opportunity-to-recycle site and solid waste receptacle, including proposed screening.

f. Location of drainage ways and public utility easements in and adjacent to the proposed development.

g. Setback dimensions for all existing and proposed structures.

h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access.

i. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls), including accessible parking by building code.

j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails.

k. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements.

l. Location of outdoor lighting.

m. Location of mail boxes, if known.



n. Locations of bus stops and other public or private transportation facilities.

o. Locations, sizes, and types of signs.

4. Architectural drawings. Architectural drawings, as applicable.

a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or greater; such plans shall indicate the material, color, texture, shape, and design features of the building, and include mechanical devices not fully enclosed in the building.

b. Exterior elevations of other proposed structures, including fences, retaining walls, accessory buildings, and similar structures.

c. The elevations and locations of all proposed signs for the development.

d. For non-residential developments proposed on properties located in a Historic District, section drawings including exterior walls, windows, projections, and other features, as applicable, and drawings of architectural details (e.g., column width, cornice and base, relief and projection, etc.) drawn to a scale ¾ of an inch equals one foot or larger.

5. Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by an engineer shall be submitted with the application for Site Design Review where a development site is ½ of an acre or larger as deemed necessary by the Staff Advisor. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed, and temporary and permanent erosion control measures. Surface water detention and treatment plans may also be required, in accordance with chapter 18.4.6 Public Facilities.

6. Erosion Control Plan. An erosion control plan addressing temporary and permanent erosion control measures, which shall include plantings where cuts or fills (including berms), swales, storm water detention facilities, and similar grading is proposed. Erosion control plans in Hillside Lands shall also conform to section 18.3.10.090 Development Standards for Hillside Lands.

7. Landscape and Irrigation Plans.

a. Landscape and irrigations plans shall include the following information.

i. The location, size, and species of the existing and proposed plant materials, and any other pertinent features of the proposed landscaping and plantings.

ii. A tree protection and removal plan consistent with chapter 18.4.5 for sites with trees that are to be retained, protected, and removed.

iii. At time of building permit submittals, an irrigation plan including a layout of irrigation facilities.

b. When water conserving landscaping is required pursuant to section 18.4.4.030, the landscape plan shall contain the following additional information.

i. Information from proposed site plan.

ii. Landscape contact person, including address and telephone number.



iii. Identification of cut and fill areas.

iv. Location of underground utilities and all transformer and utility meter locations.

v. Slopes exceeding ten percent and grade changes in root zones of plants to be retained on site.

vi. Inventory of existing plant materials on site identifying that will remain and will be removed.

vii. Composite plant list including quantity, size, botanical name, common name, variety, and spacing requirements of all proposed plant material.

viii. Mulch areas labeled according to material and depth.

ix. Shrub and tree planting and staking detail.

x. Root barrier design, installation specifications, and details.

xii. Design and installation specifications of any proposed tree grates.

c. When water conserving landscaping is required pursuant to section 18.4.4.030, the irrigation plan included with the building permit submittals shall contain the following additional information.

i. Information from proposed site plan.

ii. Irrigation contact person, including address and telephone number.

iii. For lots with a landscaped area greater than 5,000 square feet, a grading plan and topographic map showing contour intervals of five feet or less.

iv. Identification of water source and point of connection including static and operating pressure.

v. If Talent Irrigation District (TID) is used, list the size and type of filtration method.

vi. Area of irrigated space in square feet.

vii. Size, type, brand, and location of backflow device, as well as make, model, precipitation rate, and location of sprinkler heads.

viii. Layout of drip system showing type of emitter and its outputs, as well as type of filtration used.

ix. Piping description including size schedule or class, type of mounting used between piping and sprinkler heard, depth of proposed trenching, and provisions for winterization.

x. Size, type, brand, and location of control valves ad sprinkler controllers.

xi. Size, type, depth, and location of materials for under paving sleeves.

xii. Type and location of pressure regulator.

xiii. Type and location of rain sensor.

xiv. Monthly irrigation schedule for the plant establishment period (6 – 12 months) and for the



first year thereafter.

xv. Water schedule for each zone from the plan.

8. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in section 18.5.2.050. Specifically, the narrative shall contain the following.

a. For commercial and industrial developments:

i. The square footage contained in the area proposed to be developed.

ii. The percentage of the lot covered by structures.

iii. The percentage of the lot covered by other impervious surfaces.

iv. The total number of parking spaces.

v. The total square footage of all landscaped areas.

b. For residential developments:

i. The total square footage in the development.

ii. The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc).

iii. Percentage of lot coverage by structures; streets, roads, or drives; public use areas, common area/private recreation areas, landscaping, and parking areas.

Two (2) scalable copies of the plans required for Conditional Use Permit approval as detailed in AMC 18.5.4.040

18.5.4.040 Application Submission Requirements

An application for a Conditional Use Permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below.


B. Plan Submittal. The plan or drawing accompanying the application shall include the following information.

1. Vicinity map.

2. North arrow and scale.

3. Depiction and names of all streets abutting the subject property.

4. Depiction of the subject property, including the dimensions of all lot lines.



5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures.

6. Location of all parking areas, parking spaces, and ingress, egress, and traffic circulation for the subject property, including accessible parking by building code.

7. Schematic landscaping plan showing area and type of landscaping proposed.

8. A topographic map of the site showing contour intervals of five feet or less.

9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders.

Two (2) scalable copies of the plans required for Variance approval as detailed in AMC 18.5.5.040

18.5.5.040 Application Submission Requirements

An application for a Variance shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below:


B. Plan Submittal. The plan or drawing accompanying the application shall include the following information.

1. Vicinity map.

2. North arrow and scale.

3. Depiction and names of all streets abutting the subject property.

4. Depiction of the subject property, including the dimensions of all lot lines.

5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures.

6. Location of all parking areas, parking spaces, and ingress, egress, and traffic circulation for the subject property, including accessible parking by building code.

7. Schematic landscaping plan showing area and type of landscaping proposed.

8. A topographic map of the site showing contour intervals of five feet or less.

9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders.



Two (2) scalable copies of a Tree Protection and Preservation Plan as required in AMC 18.4.5.030. In order to obtain approval of a tree protection plan; an applicant shall submit a plan to the City, which clearly depicts all trees to be preserved and/or removed on the site. The plan must be drawn to scale and include the following.

1. Location, species, and diameter of each tree on site and within 15 feet of the site. 2. Location of the drip line of each tree. 3. An inventory of the health and hazard of each tree on site, and recommendations for

treatment for each tree. 4. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation,

and other utility lines/facilities and easements. 5. Location of dry wells, drain lines and soakage trenches. 6. Location of proposed and existing structures. 7. Grade change or cut and fill during or after construction. 8. Existing and proposed impervious surfaces. 9. Identification of a contact person and/or arborist who will be responsible for implementing

and maintaining the approved tree protection plan. 10. Location and type of tree protection measures to be installed per section 18.4.5.030.C.

C. Tree Protection Measures Required.

1. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten feet apart, shall be installed at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts, riparian areas, or conservation easements that abut the parcel being developed.

2. The fencing shall be flush with the initial undisturbed grade. 3. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a

tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project.

4. No construction activity shall occur within the tree protection zone, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles.

5. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, and construction debris or run‐off.

6. No excavation, trenching, grading, root pruning, or other activity shall occur within the tree protection zone unless approved by the Staff Advisor.

7. Except as otherwise determined by the Staff Advisor, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including, but not limited to clearing, grading, excavation, or demolition work, and shall be removed only



after completion of all construction activity, including landscaping and irrigation installation.

D. Inspection. The applicant shall not proceed with any construction activity, except installation of

erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City.

Two (2) scalable copies of all of the above on paper no larger than 11” x 17” in addition to any full-sized copies. NOTE – The 11” x 17” copies are used for the Planning Commission packet and for the notices mailed to neighbors. Please submit clear, reproducible copies. Approval Criteria Applicants are advised that in addition to required plans, written findings addressing how the ordinance criteria are satisfied in narrative format are required. The applicable criteria are included below. Two (2) copies of written findings addressing the following criteria for Annexation from AMC 18.5.8.050. An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with all of the following approval criteria. A. The land is within the City's Urban Growth Boundary.

B. The proposed zoning for the annexed area is in conformance with the designation indicated on the

Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an

allowed use within the proposed zoning.

C. The land is currently contiguous with the present city limits.

D. Adequate City facilities for the provision of water to the site as determined by the Public Works

Department; the transport of sewage from the site to the waste water treatment plant as

determined by the Public Works Department; the provision of electricity to the site as determined by

the Electric Department; urban storm drainage as determined by the Public Works Department can

and will be provided to and through the subject property. Unless the City has declared a

moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate

capacity exists system‐wide for these facilities.

E. Adequate transportation can and will be provided to and through the subject property. For the

purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle,

pedestrian, and transit transportation meeting the following standards.

1. For vehicular transportation a 20‐foot wide paved access exists, or can and will be

constructed, along the full frontage of the project site to the nearest fully improved collector

or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum,



to a half‐street standard with a minimum 20‐foot wide driving surface. The City may, after

assessing the impact of the development, require the full improvement of streets adjacent

to the annexed area. All streets located within annexed areas shall be fully improved to City

standards. Where future street dedications are indicated on the Street Dedication Map or

required by the City, provisions shall be made for the dedication and improvement of these

streets and included with the application for annexation.

2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be

constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be

provided on or adjacent to the arterial street. Likely bicycle destinations from the project

site shall be determined and safe and accessible bicycle facilities serving those destinations

shall be indicated.

3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will

be constructed. Full sidewalk improvements shall be provided on one side adjacent to the

annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be

provided as required by ordinance on all streets within the annexed area. Where the project

site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the

project site shall be constructed to extend and connect to the existing system. Likely

pedestrian destinations from the project site shall be determined and the safe and

accessible pedestrian facilities serving those destinations shall be indicated.

4. For transit transportation, should transit service be available to the site, or be likely to be

extended to the site in the future based on information from the local public transit

provider, provisions shall be made for the construction of adequate transit facilities, such as

bus shelters and bus turn‐out lanes. All required transportation improvements shall be

constructed and installed prior to the issuance of a certificate of occupancy for any new

structures on the annexed property.

F. For all residential annexations, a plan shall be provided demonstrating that the development of the

entire property will ultimately occur at a minimum density of 90 percent of the base density for the

zone, unless reductions in the total number of units is necessary to accommodate significant natural

features, topography, access limitations, or similar physical constraints. The owner or owners of the

property shall sign an agreement, to be recorded with the county clerk after approval of the

annexation, ensuring that future development will occur in accord with the minimum density

indicated in the development plan. For purposes of computing maximum density, portions of the

annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes

greater than 35 percent, shall not be included.

G. Except as provided in 18.5.8.050.G.7, below, annexations with a density or potential density of four



residential units or greater and involving residential zoned lands, or commercial, employment or

industrial lands with a Residential Overlay (R‐Overlay) shall meet the following requirements.

1. The total number of affordable units provided to qualifying buyers, or to qualifying renters,

shall be equal to or exceed 25 percent of the base density as calculated using the unit

equivalency values set forth herein.

a. Ownership units restricted to households earning at or below 120 percent the area

median income shall have an equivalency value of 0.75 unit.

b. Ownership units restricted to households earning at or below 100 percent the area


c. Ownership units restricted to households earning at or below 80 percent the area


d. Ownership or rental units restricted to households earning at or below 60 percent

the area median income shall have an equivalency value of 1.5 unit.

2. As alternative to providing affordable units per section 18.5.7.050.G.1, above, the applicant

may provide title to a sufficient amount of buildable land for development complying with

subsection 18.5.8.050.G.1.b, above, through transfer to a non‐profit (IRC 501(3)(c)

affordable housing developer or public corporation created under ORS 456.055 to 456.235.

a. The land to be transferred shall be located within the project meeting the standards

set forth in 18.5.8.050.G, subsections 4 ‐ 6.

b. All needed public facilities shall be extended to the area or areas proposed for

transfer.

c. Prior to commencement of the project, title to the land shall be transferred to the

City, an affordable housing developer which must either be a unit of government, a

non–profit 501(C)(3) organization, or public corporation created under ORS 456.055

to 456.235.

d. The land to be transferred shall be deed restricted to comply with Ashland’s

affordable housing program requirements.

3. The affordable units shall be comparable in bedroom mix and housing type with the market

rate units in the development.

a. The number of bedrooms per dwelling unit in the affordable units within the

residential development shall be in equal proportion to the number of bedrooms per

dwelling unit in the market‐rate units within the residential development. This



provision is not intended to require the same floor area in affordable units as

compared to market‐rate units. The minimum square footage of each affordable

unit shall comply with the minimum required floor based as set forth in Table

18.5.8.050.G.3.

Table 18.5.8.050.G.3

Unit Type Minimum Required Unit Floor Area

(Square Feet)

Studio 350

1 Bedroom 500

2 Bedroom 800

3 Bedroom 1,000

4 Bedroom 1,250

b. The required on‐site affordable units shall be comprised of the different unit types in

the same proportion as the market dwelling units within the development.

4. A development schedule shall be provided that demonstrates that that the affordable

housing units per subsection 18.5.8.050.G shall be developed, and made available for

occupancy, as follows.

a. That 50 percent of the affordable units shall have been issued building permits prior

to issuance of a certificate of occupancy for the last of the first 50 percent of the

market rate units.

b. Prior to issuance of a building permit for the final ten percent of the market rate

units, the final 50 percent of the affordable units shall have been issued certificates

of occupancy.

5. That affordable housing units shall be distributed throughout the project

6. That affordable housing units shall be constructed using comparable building materials and

include equivalent amenities as the market rate units.

a. The exterior appearance of the affordable units in any residential development shall

be visually compatible with the market‐rate units in the development. External

building materials and finishes shall be substantially the same in type and quality for

affordable units as for market‐rate units



b. Affordable units may differ from market‐rate units with regard to interior finishes

and materials provided that the affordable housing units are provided with

comparable features to the market rate units, and shall have generally comparable

improvements related to energy efficiency, including plumbing, insulation, windows,

appliances, and heating and cooling systems.

7. Exceptions to the requirements of 18.5.8.050, subsections G.2 – G.5, above, may be

approved by the City Council upon consideration of one or more of the following.

a. That an alternative land dedication as proposed would accomplish additional

benefits for the City, consistent with the purposes of this chapter, than would

development meeting the on‐site dedication requirement of subsection

18.5.8.050.G.2.

b. That an alternative mix of housing types not meeting the requirements of subsection

18.5.8.050.G.3.b would accomplish additional benefits to the City consistent with

this chapter, than would the development providing a proportional mix of unit types.

c. That the alternative phasing proposal not meeting subsection 18.5.8.050.G.4

provided by the applicant provides adequate assurance that the affordable housing

units will be provided in a timely fashion.

d. That the distribution of affordable units within the development not meeting

subsection 18.5.8.050.G.5 is necessary for development of an affordable housing

project that provides onsite staff with supportive services.

e. That the distribution of affordable units within the development as proposed would

accomplish additional benefits for the city, consistent with the purposes of this

chapter, than would development meeting the distribution requirement of

subsection 18.5.8.050.G.5.

f. That the materials and amenities applied to the affordable units within the

development, that are not equivalent to the market rate units per subsection

18.5.8.050.G.6, are necessary due to local, State, or Federal Affordable Housing

standards or financing limitations.

8. The total number of affordable units described in this section 18.5.8.050.G shall be

determined by rounding down fractional answers to the nearest whole unit. A deed

restriction or similar legal instrument shall be used to guarantee compliance with affordable

criteria for a period of not less than 60 years. Properties providing affordable units as part of

the annexation process shall qualify for a maximum density bonus of 25 percent.

H. One or more of the following standards are met.



1. The proposed area for annexation is to be residentially zoned, and there is less than a five‐

year supply of vacant and redevelopable land in the proposed land use classification within

the current city limits. “Redevelopable land” means land zoned for residential use on which

development has already occurred but on which, due to present or expected market forces,

there exists the likelihood that existing development will be converted to more intensive

residential uses during the planning period. The five‐year supply shall be determined from

vacant and redevelopable land inventories and by the methodology for land need

projections from the Housing Element of the Comprehensive Plan.

2. The proposed lot or lots will be zoned CM, E‐1, or C‐1 under the Comprehensive Plan, and

that the applicant will obtain Site Design Review approval for an outright permitted use, or

special permitted use concurrent with the annexation request.

3. A current or probable public health hazard exists due to lack of full City sanitary sewer or

water services.

4. Existing development in the proposed annexation has inadequate water or sanitary sewer

service, or the service will become inadequate within one year.

5. The area proposed for annexation has existing City water or sanitary sewer service

extended, connected, and in use, and a signed consent to annexation agreement has been

filed and accepted by the City.

6. The lot or lots proposed for annexation are an island completely surrounded by lands within

the city limits.

Two (2) copies of written findings addressing the following from AMC Chapter 18.5.9.020 for the review of a Zoning/Comprehensive Plan Map amendment. Note that Zone Changes which are not consistent with the Comprehensive Plan are considered to be a Legislative Amendment and are approved at the discretion of the Council:

18.5.9.020 Applicability and Review Procedure

Applications for Plan Amendments and Zone Changes are as follows:

A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following.

1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan.

2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances.



3. Circumstances relating to the general public welfare exist that require such an action.

4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G.

5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G.

6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions.

B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure.

1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above.

2. Comprehensive Plan changes, including text and map changes or changes to other official maps.

3. Land Use Ordinance amendments.

4. Urban Growth Boundary amendments.

Two (2) copies of written findings addressing the following criteria from AMC Chapter 18.5.2.050 for Site Design Review approval. 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.

Two (2) copies of written findings addressing the following criteria from AMC Chapter 18.5.4.050 for Conditional Use Permit approval. A Conditional Use Permit 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. 1. That the use would be in conformance with all standards within the zoning district in which

the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.

2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property.

3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone.

a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian,

bicycle, and mass transit use are considered beneficial regardless of capacity of facilities.

c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the

proposed use.



4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.

5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows.

a. WR and RR. Residential use complying with all ordinance requirements, developed

at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the

density permitted by chapter 18.2.5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed

at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and

Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements.

e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements.

f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements.

g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.

h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements.

i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements.

k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements.

l. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements.

Two (2) copies of written findings addressing the following criteria from AMC Chapter 18.5.5.050 for a Variance: 1. The variance is necessary because the subject code provision does not account for special

or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance.

2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.



3. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.

4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant.

Two (2) copies of written findings addressing the following criteria from Chapter 18.4.6.020.B.1 for an Exception to Street Standards (if applicable to the final proposal). The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a

unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity

considering the following factors where applicable.

i. For transit facilities and related improvements, access, wait time, and ride experience.

ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic.

iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway.

c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in

subsection 18.4.6.040.A.

Two (2) copies of written findings addressing the following criteria from chapter 18.5.7.040.B.2. for Tree Removal Permit to remove a tree that is not a hazard (if applicable to the final proposal).

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.

1. The tree is proposed for removal in order to permit the application to be consistent with

other applicable Land Use Ordinance requirements and standards, including but not limited

to applicable Site Development and Design Standards in part 18.4 and Physical and

Environmental Constraints in part 18.10.

2. 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.

3. 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.

4. 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.

5. 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.

APPLICATION DEADLINE: At least 45 days before the first public hearing at the

Planning Commission. TREE COMMISSION: Thursday before Planning Commission, 6:00 p.m. PLANNING COMMISSION*: Second Tuesday of each month, 7:00 p.m. COUNCIL MEETING: First and Third Tuesday of each month, 7:00 p.m. FEES: Annexation (Type III): $4,106.00 Zone/Comp Plan Change (Type III): $2,730.00 Site Design Review (Type II) $2,050.00+½ % valuation Conditional Use Permit (Type II, Use & Height) $2,050.00 each Variance (Type II, Annexing a CUP) $2,050.00 Exceptions (Site Development & Design Standards, Street Standards) $0.00 (Orientation, Big Box) Tree Removal Permits: $0.00 NOTES:

Applications are accepted on a first come‐first served basis.

All applications received are reviewed by staff, and must be found to be complete before being scheduled for a Planning Commission meeting.

Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment.



Applications are reviewed for completeness in accordance with ORS 227.178. Annexations, Comprehensive Plan Map Amendment & Zone Changes requests are not subject to the “120‐Day Rule” under state law.

The first fifteen COMPLETE applications submitted each month are processed at the next available Planning Commission meeting at least 45 days after a completeness determination.

For any additional information on this document or land use requirements, please contact: Derek Severson, Associate Planner Phone: (541) 552-2040 or e-Mail: [email protected]

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ASHLAND PLANNING DEPARTMENT SITE: PRE-APPLICATION … · 2016-12-12 · of E-1 land and associated employment generation in favor of a transient occupancy business is ... the location