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HomeMy WebLinkAbout3034 Creating 18.53 Croman MillORDINANCE NO. 303 Li AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE CREATING A NEW CHAPTER 18.53 CROMAN MILL 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 f 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 Planning Commission considered the above -referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23, 2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above -referenced amendments on April 6, 2010 and on subsequent public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; 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 Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exis#s 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. Pagel of 2 SECTION 2. A new Chapter 18.53 of the Ashland Municipal Code creating a new zoning district [CROMAN MILL] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. 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. 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, and text descriptions of amendments (i.e. Sections 1- 4) need not be codified and the City Recorder is authorized to correct any cross-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 % day of , 2010, and duly PASSED and ADOPTED this 7 day of , 2010. r arbara M. Christensen, City Recorder SIGNED and APPROVED this /d day of _&, 2010. hn Stromberg, Mayo Reviewed as to form: Appicellcf, pijy Attorney Page 2 of 2 CHAPTER 18.53 CM CROMAN MILL SECTIONS: 18.53.010 Purpose 18.53.020 General Requirements 18.53.030 Croman Mill District Plan Development Standards 18.53.040 Use Regulations 18.53.050 Dimensional Regulations 18.53.060 Croman Mill District Open Space Overlay 18.53.070 Applicability of Other Sections of the Land Use Ordinance SECTION 18.53.010 Purpose The purpose of this section is to implement the Croman Mill Site Redevelopment Plan. The district is designed to provide an environment suitable for employment, recreation and living. The CM zoning district is a blueprint for promoting family -wage jobs, professional office and manufacturing commerce, neighborhood -oriented businesses, mixed -use projects and community services in a manner that enhances property values by providing transportation options and preserving significant open spaces while minimizing the impact on natural resources through site and building design. SECTION 18.53.020 General Requirements A. Conformance with the Croman Mill District Plan Land uses and development, including buildings, parking areas, streets, bicycle and pedestrian access ways, multi -use paths and open spaces shall be located in accordance with those shown on the Croman Mill District Plan maps adopted by ordinance . umber (Month Year, . B. Major and minor amendments to the Croman Mill District Plan shall comply with the following procedures: Major and Minor Amendments. a. Major amendments are those which result in any of the following: (1) A change in the land use overlay to Cl Compatible Industrial or OE Office Employment. (2) A modification to the street layout plan that necessitates a street or other transportation facility to be eliminated. (3) A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those which result in any of the following: (1) A change in the Plan layout that requires a street, access way, multi -use path or other transportation facility to be shifted more than 25 feet in any direction, as long as the change maintains the connectivity established by the Croman Mill District Plan. (2) Changes related to street trees, street furniture, fencing or signage. Ch. 18.53 2^a Reading 8.17.10 Page 1 (3) A change in the design of a street in a manner inconsistent with the Croman Mill District Standards. (4) A modification of a driveway access location in a manner inconsistent with the Croman Mill District Standards. (5) A site layout, landscaping or building design which is inconsistent with the Croman Mill District Standards. (6) A change to an area allocation for special permitted uses in section 18.53.040.B. (7) A change in a dimensional standard requirement in section 18.53.050, but not including height and residential density. 2. Major Amendment Type 11—Approval Procedure A major amendment to the Croman Mill District Plan is subject to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon the hearing authority finding that: a. The proposed modification maintains the connectivity established by the district plan, or the proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural features, or to adjust to existing property lines between project boundaries; b. The proposed modification furthers the design, circulation and access concepts advocated by the district plan; and c. The proposed modification will not adversely affect the purpose and objectives of the district plan. Minor Amendment Type I Procedure A minor amendment to the Croman Mill District Plan is subject to an administrative decision under the Type I Procedure. Minor amendments shall not be subject to the Administrative Variance from Site Design and Use Standards of Chapter 18.72. A minor amendment may be approved upon finding that granting the approval will result in a development design that equally or better achieves the stated purpose of this chapter, objectives of specific Croman Mill District Standards, and guiding principles of the Croman Mill Site Redevelopment Plan. SECTION 18.53.030 Croman Mill District Plan Development Standards A. Ashland Local Street Standards The design and construction of streets and public improvements shall be in accordance with Ashland's Local Street Standards, except as otherwise permitted for the following facilities within the Croman Mill District: a. Central Boulevard b. Tolman Creek Road Realignment c. Local Streets d. Protected Bikeway and Pedestrian Path e. Central Bike Path f. Multi -use Path g. Accessways Ch.18.53 2n° Reading 8.17.10 Page 2 B. Site Design and Use Standards — Croman Mill District New development shall be designed and constructed consistent with Chapter 18.72 Site Design Review, and Section VIII — Croman Mill District Standards of the Site Design and Use Standards. SECTION 18.53.040 Use Regulations A. Generally Uses and their accessory uses are permitted, special permitted or conditional uses in the Croman Mill District as listed in the Land Use Table. residential uses ❑ ❑ temporary employee housing ] ❑ CWtT% r ial stores, restaurants, and shops less than 3,000 sq.ft., excluding ■ fuel sales, automobile sales and repair limited stores, restaurants and shops, excluding fuel sales, r] ❑ ❑ automobile sales and repair professional, financial, business and medical offices 0 ■ T administrative or research and development establishments N ■ ■ child or day care centers ❑ ❑ [] fitness, recreational sports, gym or athletic club ancillary employee services (e.g. cafeteria, fitness area) ❑ [ ] ❑ kennels (indoor) and veterinary clinics ❑ j-] motion picture, television or radio broadcasting studios temporary uses ❑ ❑ ❑ ❑ ❑ lndtif �` 1 manufacturing, assembly, fabrication or packaging including ❑ ■ manufacturing of food products limited manufacturing affiliated with a retail use ❑ rail freight loading dock facilities rail or rapid transit passenger facilities E M warehouse and similar storage facilities [] ❑ [] limited outdoor storage ❑ ❑ ❑ wireless communication facilities attached to an existing ❑ ❑ ■ ■ structure pursuant to 18.72.180 freestanding wireless communication support structures ❑ ❑ ❑ pursuant to 18.72.180 Ch. 18.53 2ntl Reading 8.17.10 Page 3 public service or community buildings with office or space used ■ ❑ ❑ ❑ . directly by public public service or community buildings without office or space ❑ ❑ ❑ ❑ used directly by public public and quasi -public utility facilities enclosed in a building 7 [ 1 ❑ [� Oregon Department of Transportation (ODOT) maintenance facility and yard private school, -college, trade school, technical school or similar ❑ ❑ ❑ ❑ school electrical substations ❑ ❑ ■ Permitted Use it Special Permitted Use O Conditional Use NC = Neighborhood Center Cl = Compatible Industrial MU = Mixed Use OS = Open space OE = Office/Employment B. Special Permitted Uses The following uses and their accessory uses are special permitted uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of Chapter 18.72, Site Design and Use Standards. Residential Uses. a. The ground floor area shall be designated for permitted or special permitted uses, excluding residential. b. Residential densities shall not exceed the densities in section 18.53.050. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and industrial uses within the district. 2. Temporary Employee Housing. Residential units for use by persons employed within the facility and their families when the following standards are met. a. Employee Housing densities shall not exceed two units per acre. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in conjunction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. Ch. 18.53 2^a Reading 8.17.10 Page 4 3. Limited Stores, Restaurants and Shops; Child or Day Care Facilities; and Ancillary Employee Services. a. In the Cl Compatible Industrial, MU Mixed Use and OE Office Employment overlays, a maximum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the standards in this section are met: limited stores, restaurants and shops; child or day care facilities; and ancillary employee services. b. Limited Stores, Restaurants and Shops: In the MU Mixed Use overlay, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities: Primary program activities are integrated into the interior of the building. d. Ancillary Employee Services: Developments may include ancillary employee services such as cafeterias, fitness areas, or other supportive services generally intended to support the needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. 4. Professional, Financial, Business and Medical Offices in Cl Overlay. Developments in the Cl Compatible Industrial overlay may include ancillary office uses to support the operations of a permitted use on -site provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 5. Kennels. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 6. Manufacture, Assembly, Fabrication and Packaging in OE Overlay. Developments in the OE Office Employment overlay may include ancillary manufacturing, assembly, fabrication and packaging uses to support the operations of a permitted or special permitted use on -site when the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication and packaging shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication and packaging processes. 7. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 sq.ft., or ten percent (10%) of ground floor area, whichever is less. Ch.18.53 2n° Reading 8.17.10 Page 5 8. Warehouse and Similar Storage Facilities. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU overlays shall be 50 percent of the ground floor area. b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini -warehouses are prohibited. d. No outside space shall be used for storage, unless approved as a limited outdoor storage area. Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special permitted use when the following standards are met. a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU overlay; and 2,500 sq. ft. in the Cl overlay, or 50 percent of the ground floor area of the building housing the associated permitted or special permitted use, whichever is greater. b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. -The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall obtain a minimum of 50% of the employment density targets for the Croman Mill District. 10. Public and Quasi -Public Utility Service Buildings. a. Facilities and structures that are accessory to a public park in the OS overlay, including but not limited to maintenance equipment storage, enclosed picnic facilities, and restrooms. b. Public and Quasi -Public utility service building relating to receiving and transmitting antennas and communication towers are subject to the applicable provisions of 18.72.180. c. Public and Quasi -Public utility service building shall demonstrate: i. The need for the facility, present or future; and how the facility fits into the utility's Master Plan. ii. The facility utilizes the minimum area required for the present and anticipated expansion. iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan designation. 11.Oregon Department of Transportation Maintenance Facility and Storage Yard For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC overlay the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Regulations per 18.53.050 with the exception of minimum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of Section Viil Croman Mill District Ch.18.53 2n° Reading 8.17.10 Page 6 Standards of the Ashland Site Design and Use Standards. SECTION 18.53.050 Dimensional Regulations The lot and building design requirements are established in each zoning district regulation in the Dimensional Standards Table. minimum, square feet ----- ----- 20,000 40,000 ---- i[Fronta e minimum, feet 50 ----- 100 100 ----- WrotisWidth minimum, feet 50 ---- 100 100 ---- Ya`rdAbuttiri Sheet minimum yard, feet 2 2 2 2/10 ----- maximum yard abutting a street, feet 10 10 10 10 ---- [Sid e"lYar,dYAbuttin lalResideiitia'lJDistiict minimum, feet 10 10 ---- .--- IlReadl�Y;ardAbuttln aResidentialDistic# minimum per story, feet 10 10 ---- ----- ----- i�andsca in -tCovera e minimum percentage coverage 15 15 15 10 -- 1H6 tit minimum number of stories 2 2 2 2" ----- maximum height without bonus, stories/feet 2.5/35 3/40 3/40 3/40 1/20 maximum height with bonus, stories/feet 4/50 4/50 5/75 5R5 ----- [SOIar7ACceSS The solar access setback in Chapter 18.70 Solar Access does not aeply in the Croman Mill District. Ii.ranta0-1 BuIId[0itttont`Active Ed" elStreet minimum, percent 1 65 1 65 1 65 1 65 1----- minimum 0.60 0.60 1 0.60 1 0.50 ---- IResiden#ialtDe>fsi maximum units per acre without bonus 30 15 ----- ----- ---- maximum units per acre with bonus 60 30 1 Minimum yard in Cl Overlay abutting an Active Edge Street is two feet, minimum yard in Cl Overlay not abutting an Active Edge Street is ten feet 2 Maximum yard requirements shall not apply to entry features such as alcoves, and to hardscape areas for pedestrian activities such as plazas or outside eating areas. Second story shall be a minimum of 20% of the gross floor area. ° Solar energy systems and parapets may be erected up to five feet above the calculated building height, and no greater than five feet above the height limited specified by the district. 5 In the Residential Buffer Zone, the maximum height with a bonus is 40 feet. 6 Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum Floor Area Ration (FAR). Density of the development shall not exceed the density established by this standard. Density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions shall not apply toward the total density. Ch.18.53 2ntl Reading 8.17.10 Page 7 SECTION 18.53.060 Croman Mill District Open Space Overlay All projects containing land identified on the Croman Mill District Land Use Overlays Map as open space shall dedicate those areas as commonly -owned or public open space. It is recognized that the master planning of the properties as part. of the Croman Mill Site Redevelopment Plan imparted significant value to the land, and the required dedication of those lands within the Croman Mill district for open space and conservation purposes is proportional to the value bestowed upon the property through the change in zoning designation. SECTION 18.53.070 Applicability of Other Sections of the Land Use Ordinance Development located within the Croman Mill (CM) zoning district shall be required to meet all other applicable sections of the Land Use Ordinance, except as otherwise provided in this Chapter. Ch. 18.53 2^d Reading 8.17.10 Page 8