HomeMy WebLinkAbout2973 Affordable Housing Standards for Annexation
ORDINANCE NO. 19
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
ANNEXATION CHAPTER (AMC 18.106.030) CONCERNING AFFORDABLE
HOUSING STANDARDS FOR ANNEXATION
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 10 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
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ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing and First
Reading on the above-referenced amendments on October 21, 2008, and conducted
and approved Second Reading on November, 4, 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Chapter 18.106.030 of the Ashland Municipal Code [ANNEXATION -
Approval Standards] is hereby amended to read as follows:
SECTION 18.106.030 Approval Standards.
An annexation may be approved if the proposed request for annexation conforms, or
can be made to conform through the imposition of conditions, with 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
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annexations consists of vehicular, bicycle, pedestrian and transit transportation
meeting the following standards:
1. For vehicular transportation a 20' 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'
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 City's 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%
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
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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%, shall not be
included.
G. Except as provided in 18.106.030.G(7) below, for or all 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):
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1) The total number of affordable units provided to qualifying buyers. or
to qualifying renters, shall be equal to or exceed 25% 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% the area median income shall have an equivalency value of
0.75 unit
b. Ownership units restricted to households earning at or below
100% the area median income shall have an equivalency value of
1.0 unit.
c. Ownership units restricted to households earning at or below
80% the area median income shall have an equivalency value of
1.25 unit.
d. Ownership or rental units restricted to households earning at or
below 60% the area median income shall have an equivalency
value of 1.5 unit, or;
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2) As alternative to providing affordable units per section
18.106.030(G)(1) the applicant may provide Title to a sufficient
amount of buildable land for development through transfer to a non-
profit (IRC 501(3)(c)) affordable housing developer or public
corporation created under ORS 456.055 to 456.235 for the purpose of
complying with subsection 18.106.030(G)(1)(b).
a. The land to be transferred shall be located within the project
meeting the standards set forth in 18.106.030(G)4, 18.106.030(G)5
and 18.106.030(G)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 1.
Table 1
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 18.106.030(G) shall be
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developed, and made available for occupancy. as follows:
a. That 50% 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% of the market rate units.
b. Prior to issuance of a building permit for the final 10% of the
market rate units, the final 50% 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
c. 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 18.106.030.6(2), 18.106.030.6(3),
8.106.030.6(4), and/or 18.106.0306(5) 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 18.106.030(6)2, or;
b. That an alternative mix of housing types not meeting the
requirements of 18.106.030.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
18.106.030.6(4) provided by the applicant provides adequate
assurance that the affordable housing units will be provided in a
timely fashion, or;
d. That the distribution of affordable units within the development
not meeting 18.106.030.6(5) is necessary for development of an
affordable housing project that provides onsite staff with
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supportive services or;
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
18.106.030.G(5), or;
f. That the materials and amenities applied to the affordable units
within the development, that are not equivalent to the market
rate units per 18.106.030.G(6), are necessary due to local, State
or Federal Affordable Housing standards or financing
limitations;
Ell The total number of affordable units described in this section
18.106.030.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.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions commenced and continued under the
laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
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The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 4 , 2008,
and duly PASSED and ADOPTED this day of /J , 2008.
4,k aot g/e/le,;(-40(-0(
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 5- day of l 2008.
Reviewed as to form:
(?\J&&afL
Richard Appic- irref, City Attorney
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