HomeMy WebLinkAbout2974 Affordable Housing Zone Change Standards
ORDINANCE NO. d97/
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
TYPE III PROCEDURES CHAPTER (AMC 18.108.060) CONCERNING
GENERAL STANDARDS FOR AFFORDABLE HOUSING IN ZONE CHANGES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold Mined-threugb 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 Shoo 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 18.108.060 of the Ashland Municipal Code [PROCEDURES]
hereby amended to read as follows:
SECTION 18.108.060 Type Ill Procedures.
A. The following planning actions shall be subject to the Type Ill Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map
changes subject to the Type Ill procedure as described in subsection A of this
section may be approved if in compliance with the comprehensive plan and the
application demonstrates one or more of the following: that
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. 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; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
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d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide 25% of the proposed
base density as affordable housina consistent with the approval standards
set forth in 18.106.030(6)
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e. 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 of Ashland's commercial and industrial land supply as
required in the Comprehensive Plan, and will provide 25% of the proposed
base density as affordable housina consistent with the approval standards
set forth in 18.106.030(G)
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The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A
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deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
C.Type Ill Procedure.
1.Applications subject to the Type Ill Procedure shall be process as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of the
application.
b.Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2.For planning actions described in section 18.108.060.A. 1 and 2, the
Commission shall have the authority to take such action as is necessary to make
the amendments to maps and zones as a result of the decision without further
action from the Council unless the decision is appealed. The decision of the
Commission may be appealed to the Council as provided in section 18.108.110.
3.For planning actions described in section 18.108.060.A. 3 and 2, the
Commission shall make a report of its findings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
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-
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references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the .21 day of Gedvbr' , 2008,
and duly PASSED and ADOPTED this f day of , IY tags-e , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ' day ofk2008.
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Reviewed as to form:
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Richard Appic- r./ City Attorney
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