HomeMy WebLinkAbout2014-310 Findings - Unified Land Use Ordinance
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
December 16, 2014
In the Matter of the City of Ashland Repealing )
Ordinance No. 2052 and Replacing in its Entirety )
Existing Title 18 Land Use of the Ashland Municipal ) FINDINGS OF FACTAND
Code with a Restated and Revised Unified Land Use ) CONCLUSIONS OF LAW
Ordinance )
PURPOSE:
Increase the clarity, responsiveness, and certainty of the development process and create
incentives for energy, water, and land efficient development that supports a multi-modal
transportation system to implement the 2011-2012 City Council goals.
The revised land use ordinance combines the existing land use ordinance, site design and
use standards, and street design standards into one document with improved organization,
wording, formatting, and graphics. In addition, amendments are included that: address
recommendations of the 2006 Land Use Ordinance Review, address the planning
application procedure evaluation, and green development evaluations; improve standards
and procedures; standardize chapters; and address inconsistencies and clarify wording.
PUBLIC HEARINGS:
On July 8, 2014 a notice of the Planning Commission public hearing was sent by mail to
approximately 250 design and development professionals, contractors, advisory
commission members, past planning applicants, and interested parties. On August 1,
2014 a notice of the City Council public hearing was sent by mail to approximately 250
design and development professionals, contractors, advisory commission, past planning
applicants, and interested parties.
Newspaper notices were published in accordance with AMC 18.108.170.1) in the Mail
Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission
public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City
Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City
Council public hearing.
The Oregon Department of Land Conservation and Development was notified of the
legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660-
018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required
because the amendments do not involve a zone change affecting a manufactured home or
mobile home park. A notice under ORS 227.186 was not required because the proposed
amendments do not change the base zoning classification of any properties and do not
limit or prohibit current land uses.
Findings of Fact and Conclusions of Law Page 1
A Public Hearing was held at the Planning Commission on July 22, 2014. Public
Hearings were held at the City Council on August 19, 2014 and December 2, 2014.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A. Consistency with City of Ashland requirements for legislative amendments in
18.108.170
B. Consistency with the City of Ashland Comprehensive Plan
C. Consistency with the Oregon Statewide Planning Goals
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland Requirements for Legislative Amendments in Section
18.108.170
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or
make other legislative amendments in order to conform with the comprehensive plan or to
meet other changes in circumstances and conditions. A legislative amendment is a
legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by
application of a property owner or resident of the City. The Commission shall conduct a
public hearing on the proposed amendment at its earliest practicable meeting after it is
submitted, and within thirty days after the hearing, recommend to the Council, approval,
disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the
Planning Department thirty days prior to the Commission meeting at which the proposal is
to be first considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a
public hearing. After receipt of the report on the amendment from the Commission, the
Council shall hold a public hearing on the amendment. Notice of time and place of the
public hearings and a brief description of the proposed amendment shall be given notice in
a newspaper of general circulation in the City not less than ten days prior to the date of
hearing.
E. No application of a property owner or resident for a legislative amendment shall be
considered by the Commission within the twelve month period immediately following a
previous denial of such request, except the Commission may permit a new application if, in
the opinion of the Commission, new evidence or a change of circumstances warrant it.
Findings of Fact and Conclusions of Law Page 2
Section 18.108.170.A recognizes that the land use ordinance may need to be updated
to meet other changes in circumstances and conditions. " The purpose of revising the
land use ordinance is to make the document more user-friendly, and to update the
development standards to make the planning application procedure more timely and
predictable and to encourage energy, water, land efficiency and multi-modal
transportation.
The revised land use ordinance combines the existing land use ordinance, site design and
use standards, and street design standards into one document with improved organization,
wording, formatting, and graphics. In addition, amendments are included that: address
recommendations of the 2006 Land Use Ordinance Review, address the planning
application procedure evaluation, and green development evaluations; improve standards
and procedures; standardize chapters; and address inconsistencies and clarify wording.
The land use ordinance implements the community's vision as expressed in the Ashland
Comprehensive Plan and governs the development of property within the City limits. The
land use ordinance has been incrementally amended since it was originally adopted in
1964. Each update was prepared and adopted independently, and there are several
documents that comprise the land use regulations (i.e., Land Use Ordinance, Site Design
and Use Standards, Ashland Street Standards).
The revised land use ordinance is organized and formatted so the document is easy to
understand and navigate by the wide variety of people that use the code. The new
document provides an approachable code framework by dividing the land use ordinance
into six parts of related chapters. Information that was previously spread throughout
multiple chapters is consolidated in tables for convenient reference. Twenty new graphics
are added to the revised land use ordinance to clarify definitions and standards.
The updated development standards and land use ordinance amendments are addressed in
further detail in section B.
The City Council finds that the revised and restated unified land use ordinance is
consistent with the requirements for legislative amendments in Section 18.108.170.
B. Consistency with the Ashland Comprehensive Plan
A table summarizing the amendments is included in the August 19, 2014 City Council
meeting packet. The table is divided into six sections - substantive amendments,
development and design standards, procedures, new language for standardization,
housekeeping, and new graphics. All of the amendments in the table were noted in the
first and second drafts of the revised land use ordinance that the Planning Commission
reviewed and discussed in meetings from September 2012 thru July 2014.
Section 1 in the table of proposed amendments describes substantive amendments or
those amendments that could be considered or perceived as significant policy changes.
Most of the substantive amendments are from three sources - the 2006 Land Use
Ordinance Review, the green development evaluation, and the procedures evaluation.
Findings of Fact and Conclusions of Law Page 3
Staff added a fourth "other" category under the substantive amendments. These issues are
related to the other substantive amendments or were issues involved in past appeals.
Sections 2 and 3 in the table of proposed amendments include other less significant
amendments to the development and design standards and procedural requirements.
Section 4 describes the new language added to the code which is largely comprised of
purpose and applicability sections for newly combined chapters or for chapters that
previously didn't specify the purpose or applicability. Section 4 also includes new
definitions for words that are used in the land use ordinance, but were previously not
defined. Section 5 includes housekeeping amendments to correct inconsistencies and
delete language that is no longer applicable.
The Ashland Comprehensive Plan includes a variety of goals and policies that establish
the basis for revising the land use ordinance to improve citizen involvement, to
accommodate future population and employment growth, to accommodate a mix of uses
and housing types, to maintain a compact urban form, to facilitate pedestrian and bicycle
trips, to concentrate housing and businesses with 1/4 to'/2 of a mile transit routes, and to
reduce energy consumption in the community. The Ashland Comprehensive Plan goals
and policies implemented by the substantive amendments in the revised land use
ordinance are described below.
Chapter I Historic Resources and Chapter 4 Environmental Resources
Chapter 1 requires the preservation of historically significant structures and sites in
Ashland. Chapter 4 requires protecting life, property, and environmental resources from
flooding and wildfire; directing development to stable slopes; maintaining water quality;
and protecting riparian areas, wetlands, natural areas, and wildlife habitats.
The amendments to the historic resource, environmental resource, and natural hazard
regulations are for purposes of clarification and do not change the content of the
standards. There are no amendments to the regulations concerning environmental
resources. The City's existing ordinance provisions for floodplains, water resources,
hillsides, severe constraints areas, and the wildfire zone remain in effect. The standards
have been reformatted but are substantially the same.
Chapter 3 Citizen Participation and Involvement
Chapter 3 of the Ashland Comprehensive Plan requires the City to ensure opportunities
for citizens to be involved in all phases of the planning process. In addition, Policy 5
says, "The City should develop education material such as guidelines, handouts, etc. to
increase understanding of the City codes by the general public. " The public process for
the project and the revised land use ordinance satisfy the citizen participation and
involvement goals and policies.
The Planning Commission held 21 public meetings throughout the process to review and
discuss drafts of the revised land use code and proposed amendments. In addition, drafts
of the revised land use ordinance were reviewed at ten advisory commission meetings
including the Conservation, Historic, and Housing, Tree, and Transportation
Findings of Fact and Conclusions of Law Page 4
commissions.
In addition to the Planning Commission work sessions, an open house was held on June
20, 2013, and three focus group meetings of design and development professionals were
held on June 10, 2013, September 23, 2013, and August 18, 2014. The open house was an
informal drop-in setting where participants could have one-on-one discussions with staff
members. The focus group meetings included a staff presentation and informal
roundtable discussions. The open house and focus group meetings covered the code
organization and format, amendment highlights, and the evaluations of the planning
application procedures and green development measures.
Three hundred postcards announcing the open house and focus group meetings and the
project web site were mailed to design and development professionals, contractors,
advisory commission members, and past planning applicants on June 10, 2013. The open
house was also announced in the Ashland Daily Tidings.
The project web page www.ashland.or.us/unifiedcode was created at the beginning of the
project and updated with draft documents, a meeting schedule, and meeting packets and
videos.
For the formal adoption process, a notice of the Planning Commission public hearing was
sent by mail to approximately 250 design and development professionals, contractors,
advisory commission members, past planning applicants, and interested parties on July 8,
2014. On August 1, 2014 a notice of the City Council public hearing was sent by mail to
approximately 250 design and development professionals, contractors, advisory
commission members, past planning applicants, and interested parties. A topic was
posted on Open City Hall asking for feedback on the format and proposed amendment at
the beginning of the public hearing process.
Newspaper notices were published in accordance with AMC 18. 108.1 70.D in the Mail
Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission
public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City
Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City
Council public hearing.
The Oregon Department of Land Conservation and Development was notified of the
legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660-
018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required
because the amendments do not involve a zone change affecting a manufactured home or
mobile home park. A notice under ORS 227.186 was not required because the proposed
amendments do not change the base zoning classification of any properties and do not
limit or prohibit current land uses.
A Public Hearing was held at the Planning Commission on July 22, 2014. Public
Hearings were held at the City Council on August 19, 2014 and December 2, 2014.
Findings of Fact and Conclusions of Law Page 5
One of the goals of the project was to present the information contained in the existing
land use ordinance and design standards in one user-friendly document. The revised land
use ordinance meets this project goal by combining the existing land use ordinance, site
design and use standards, and street design standards into one document with improved
organization, wording, formatting, and graphics. The revised land use ordinance provides
an approachable code framework by dividing the document into six parts of related
chapters. Information that was previously spread throughout multiple chapters is
consolidated in tables for convenient reference. Twenty new graphics are added to the
revised land use ordinance to clarify definitions and standards.
Procedural amendments are made to improve the timeliness and predictability of the
planning application process and are described under Chapter 7 Economy. Outside of
these amendments, the amendments to the review procedures are primarily for purposes
of clarification and do not substantially change the planning application or legislative
process. The procedures have been reformatted but are substantially the same.
Chapter 5 Population Projections and Growth, Chapter 6 Housing, Chapter 7
Economy, Chapter 12 Urbanization, and Chapter 14 Regional Plan
Chapter 5 requires providing for the needs of the expected population growth and
maintaining diversity of income, cultural, and age groups in Ashland's population.
Chapter 6 requires that a variety of dwelling types and housing opportunities are provided
for the total cross-section of Ashland's population consistent with preserving the
character and appearance of the City. Chapter 7 requires ensuring that the local economy
increases in its health, and diversifies in the number, type, and size of businesses
consistent with local social needs, public service capabilities, and the retention of a high
quality environment. Chapter 12 requires maintaining a compact urban form, including
an adequate supply of vacant land in the City, and ensuring orderly and sequential
development of land in the City limits. Chapter 14 adopts the goals of the Regional Plan
to manage future regional growth for the greater public good; conserve resource and open
space lands for their important economic, cultural, and livability benefits; and recognize
and emphasize the individual identity, unique features, and relative competitive
advantages and disadvantages of each community within the region.
Amendments are included concerning residential development. First, the planning
approval process for accessory residential units in the single-family zones, is simplified
to a site design review process in section 18.2.3.040 rather than the previous conditional
use permit and site design review requirement. This amendment is intended to encourage
a smaller housing type with affordable rent levels, to provide consistency in the planning
application process in single-family and multi-family zones, and to address the
performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan
concerning accommodating future population growth within the City's existing
boundaries. The second amendment involves increasing the affordable housing density
bonus in multi-family developments and subdivisions in sections 18.2.5.080.F.3.d and
18.3.9.050.B.4 to promote the construction of affordable housing by increasing the
incentive to incorporate affordable housing units in market rate projects. The third
amendment changes the minimum separation between two primary buildings in multi-
Findings of Fact and Conclusions of Law Page 6
family zones in section 18.2.5.030.A to provide a separation standard that is proportional
to the size of buildings, to provide consistency with the single-family zones, and to
provide more flexibility in building placement in the multi-family zones. Finally, the
standards for manufactured homes on individual lots and in manufactured home
developments are updated in sections 18.2.3.170 and 18.2.3.180 for consistency with the
requirements for single-family homes siting and subdivisions.
Outside of the aforementioned amendments, the City's ordinance requirements related to
housing remain in effect. The standards have been reformatted but are substantially the
same.
Amendments are included that provide the flexibility to increase the concentration of jobs
and residential units on transit corridors by increasing the allowable floor area, use the
employment land supply efficiently, and address the performance indicators in the
Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating
future growth within the City's existing boundaries. The building setback from an
abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section
18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the
building height in the C-1 zone is allowed with a conditional use permit to be increased
from three to four stories if the building is located a least 100 feet form a residential zone.
Procedural amendments are made to improve the timeliness and predictability of the
planning application process. The effective date of a Type 11 decision is changed to ten
days in section 18.5.1.060.F, and the planning approval and extension timelines are
increased to 18 months and 24 months in sections 18.1.6.030.A and 18.1.6.040.A
respectively. The threshold for a public hearing for non-residential site design review
application is increased to buildings 15,000 square feet or larger or additions of more
than 50 percent of an existing building's square footage in section 18.5.2.030.13 to
provide a more expedited and less resource intensive review process for economic
development project in the employment areas of Ashland.
The City's other existing ordinance requirements related to commercial, employment,
and industrial zones are unchanged and remain in effect. The standards have been
reformatted but are substantially the same.
Chapter 8 Parks, Open Space, and Aesthetics
Chapter 8 requires providing a variety, quantity, and quality of parks, park facilities, open
spaces, trails, and visual resources sufficient for the people of Ashland. The standards
have been reformatted but are substantially the same.
Chapter 9 Public Services and Chapter 10 Transportation
Chapter 9 requires providing public utilities, services, and facilities in an orderly,
efficient, and environmentally sensitive way and in sufficient quantity to meet needs now
and in the future. Sections 18.4.6.070, 18.4.6.080, and 18.4.6.090 are included in the
revised land use code to clarify the approval criteria "adequate capacity" of public
facilities (water, sewer, storm drainage, and electric) for land divisions, site design
Findings of Fact and Conclusions of Law Page 7
review, conditional use permits, and annexations. Public improvements are required to
be connected to City facilities and consistent with the City's adopted facility master
plans. Outside of the aforementioned additions, the existing ordinance requirements
related to public utilities remain in effect. The standards have been reformatted but are
substantially the same.
Chapter 10 focuses on people being able to move easily through the City by all modes of
travel. The goals address the various modes of transportation, including providing all
citizens with safe and convenient transportation while reinforcing public rights-of-way as
critical public spaces; raising the priority of convenient, safe, accessible, and attractive
walking and bicycling networks; creating a public transit system that is linked to
pedestrian, bicycle, and motor vehicle travel modes; and providing efficient and effective
movement of goods, services, and passengers by air, rail, water, pipeline, and highway
freight transportation while maintaining the high quality of life in Ashland.
Policy 10.09.02.3 of Chapter 10 states that, "Design streets as critical public spaces
where creating a comfortable and attractive place that encourages people to walk,
bicycle, and socialize is balanced with building an efficient travel corridor. Design
streets with equal attention to all right-of-way users and to promote livability of
neighborhoods. " The commercial and employment design standards in section
18.4.2.040.B. La and b are amended to limit parking to one side of the building and to
require the building to occupy the majority of the street frontage. The amended
commercial design standards are intended to locate buildings in new development along
the majority of the lot's street frontage to enhance the environment for walking, cycling,
and mass transit use by locating the concentration and mix of uses close together and
creating an interesting street wall.
The same amendments that implement the goals in Chapter 5 Population Projections and
Growth, Chapter 6 Housing, Chapter 7 Economy, Chapter 12 Urbanization, and Chapter
14 Regional Plan also address the goals of Chapter 10 Transportation by providing the
flexibility to increase the concentration of jobs and residential units on transit corridors
by increasing the allowable floor area. An increased concentration and mix of uses
supports and encourages walking, bicycling, and transit trips. Policy 10.19.02.2 states
that, "Zoning shall allow for residential densities and a mix of commercial businesses
within walking distance (one-quarter to one-half mile) of existing and planned public
transit services which support use ofpublic transportation. " Policy 10.15.06.2 of
Chapter 10 states that, "Promote a mixed land use pattern, were appropriate, and
pedestrian environment design that supports walking and bicycling trips. " The building
setback from an abutting residential zone is changed to 10 feet for side yards in the E-1
zone in section 18.2.6.030 for consistency with the C-1 and C-1- D zones. In section
18.2.6.030, the building height in the C-1 zone is allowed with a conditional use permit to
be increased from three to four stories if the building is located t least 100 feet form a
residential zone.
Outside of the aforementioned amendments, the City's existing ordinance requirements
for parking requirements and street design remain in effect. The standards have been
Findings of Fact and Conclusions of Law Page 8
reformatted but are substantially the same.
Chapter 11 Energy, Air, and Water Conservation
Chapter 1 I requires reducing energy consumption within the community. Policy 3.d says,
"Passive solar design and sun tempering are very cost effective in new home
construction. They shall be encouraged in new housing developments and individual
houses. " An amendment is included in section 18.4.8.050 requiring land divisions in
residential zones to orient new streets and buildings so that the long sides of lots and
buildings face north and south for maximum solar access. The amendment is consistent
with Chapter 11 by reducing future energy consumption through the protection of
properties' access to solar energy. Outside of the aforementioned solar orientation
standard, the City's existing ordinance requirements related to energy, air, and water
conservation remain in effect. The standards have been reformatted but are substantially
the same.
The City Council finds that the revised and restated unified land use ordinance is
consistent with the goals and policies in the Ashland Comprehensive Plan.
C. Consistency with Oregon Statewide Planning Goals
Oregon Statewide Planning Goal 2 - Land Use Planning, as well as Chapter 197 of the
Oregon Revised Statues require a land use planning process and policy framework as a
basis for all decision and actions related to use of land. Specifically, plans and
implementation measures such as ordinances controlling use and construction are
permitted as measures for carrying out Comprehensive Plans.
Goal I Citizen Involvement
Goal 1 requires cities to develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The Planning Commission held 21 public meetings throughout the process to review and
discuss drafts of the revised land use code and proposed amendments. In addition, drafts
of the revised land use ordinance were reviewed at ten advisory commission meetings
including the Conservation, Historic, and Housing, Tree, and Transportation
commissions.
In addition to the Planning Commission work sessions, an open house was held on June
20, 2013, and three focus group meetings of design and development professionals were
held on June 10, 2013, September 23, 2013, and August 18, 2014. The open house was an
informal drop-in setting where participants could have one-on-one discussions with staff
members. The focus group meetings included a staff presentation and informal
roundtable discussions. The open house and focus group meetings covered the code
organization and format, amendment highlights, and the evaluations of the planning
application procedures and green development measures.
Three hundred postcards announcing the open house and focus group meetings and the
project web site were mailed to design and development professionals, contractors,
Findings of Fact and Conclusions of Law Page 9
advisory commission members, and past planning applicants on June 10, 2013. The open
house was also announced in the Ashland Daily Tidings.
The project web page www.ashland.or.us/unifiedcode was created at the beginning of the
project and updated with draft documents, a meeting schedule, and meeting packets and
videos.
For the formal adoption process, a notice of the Planning Commission public hearing was
sent by mail to approximately 250 design and development professionals, contractors,
advisory commission members, past planning applicants, and interested parties on July 8,
2014. On August 1, 2014 a notice of the City Council public hearing was sent by mail to
approximately 250 design and development professionals, contractors, advisory
commission members, past planning applicants, and interested parties. A topic was
posted on Open City Hall asking for feedback on the format and proposed amendment at
the beginning of the public hearing process.
Newspaper notices were published in accordance with AMC 18.108.170.1) in the Mail
Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission
public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City
Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City
Council public hearing.
The Oregon Department of Land Conservation and Development was notified of the
legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660-
018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required
because the amendments do not involve a zone change affecting a manufactured home or
mobile home park. A notice under ORS 227.186 was not required because the proposed
amendments do not change the base zoning classification of any properties and do not
limit or prohibit current land uses.
A Public Hearing was held at the Planning Commission on July 22, 2014. Public
Hearings were held at the City Council on August 19, 2014 and December 2, 2014.
One of the goals of the project was to present the information contained in the existing
land use ordinance and design standards in one user-friendly document. The revised land
use ordinance meets this project goal by combining the existing land use ordinance, site
design and use standards, and street design standards into one document with improved
organization, wording, formatting, and graphics. The revised land use ordinance provides
an approachable code framework by dividing the document into six parts of related
chapters. Information that was previously spread throughout multiple chapters is
consolidated in tables for convenient reference. Twenty new graphics are added to the
revised land use ordinance to clarify definitions and standards.
Procedural amendments are made to improve the timeliness and predictability of the
planning application process and are described under Chapter 7 Economy. Outside of
these amendments, the amendments to the review procedures are primarily for purposes
Findings of Fact and Conclusions of Law Page 10
of clarification and do not substantially change the planning application or legislative
process. The procedures have been reformatted but are substantially the same.
Goal 2 Land Use Planning
Goal 2 requires cities to establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land. The amendments are consistent
with the Ashland Comprehensive Plan as addressed in section B above.
Goal 5 Scenic, Historic, and Natural Resources
Goal 5 requires cities to adopt programs that will protect natural resources and conserve
scenic, historic, and open space resources for present and future generations. The
amendments to the historic resource and environmental resource are for purposes of
clarification and do not change the content of the standards. The City's existing ordinance
provisions for floodplains, water resources, hillsides, severe constraints areas, and the
wildfire zone remain in effect. The standards have been reformatted but are substantially
the same.
Goal 6 Land Resources
Goal 6 requires cities to maintain and improve the quality of air, water, and land
resources of the state. There are no amendments to the regulations concerning
environmental quality or air and water resources. The standards have been reformatted
but are substantially the same.
Goal 7 Natural Hazards
Goal 7 requires cities to plan to reduce the risk to people and property from natural
hazards. The amendments to the existing natural hazard regulations are for purposes of
clarification and do not change the content of the standards. The City's existing ordinance
provisions for floodplains, water resources, hillsides, severe constraints areas, and the
wildfire zone remain in effect. The standards have been reformatted but are substantially
the same.
Goal 8 Parks and Recreation
Goal 8 requires cities to plan for future parks and recreation needs. The City's existing
ordinance requirements for open space in subdivisions and public space in large-scale
commercial development remain in effect. The standards have been reformatted but are
substantially the same.
Goal 9 Economy
Goal 9 requires cities to plan for future employment and provide an adequate supply of
sites of suitable, sizes, types, and locations for a variety of industrial and commercial uses
consistent with plan policies.
Amendments are included that provide the flexibility to increase the concentration of jobs
and residential units on transit corridors by increasing the allowable floor area, use the
employment land supply efficiently, and address the performance indicators in the
Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating
Findings of Fact and Conclusions of Law Page 11
future growth within the City's existing boundaries. The building setback from an
abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section
18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the
building height in the C-1 zone is allowed with a conditional use permit to be increased
from three to four stories if the building is located a least 100 feet form a residential zone.
Procedural amendments are made to improve the timeliness and predictability of the
planning application process. The effective date of a Type II decision is changed to ten
days in section 18.5.1.060.17, and the planning approval and extension timelines are
increased to 18 months and 24 months in sections 18.1.6.030.A and 18.1.6.040.A
respectively. The threshold for a public hearing for non-residential site design review
application is increased to buildings 15,000 square feet or larger or additions of more
than 50 percent of an existing building's square footage in section 18.5.2.030.13 to
provide a more expedited and less resource intensive review process for economic
development project in the employment areas of Ashland.
The City's other existing ordinance requirements related to commercial, employment,
and industrial zones are unchanged and remain in effect. The standards have been
reformatted but are substantially the same.
Goal 10 Housing
Goal 10 requires cities to plan for future population and housing needs and provide an
adequate supply of residential land for a variety of housing types.
Amendments are included concerning residential development. First, the planning
approval process for accessory residential units in the single-family zones is simplified to
a site design review process in section 18.2.3.040 rather than the previous conditional use
permit and site design review requirement. This amendment is intended to encourage a
smaller housing type with affordable rent levels, to provide consistency in the planning
application process in single-family and multi-family zones, and to address the
performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan
concerning accommodating future population growth within the City's existing
boundaries. The second amendment involves increasing the affordable housing density
bonus in multi-family developments and subdivisions in sections 18.2.5.080.F.3.d and
18.3.9.050.B.4 to promote the construction of affordable housing by increasing the
incentive to incorporate affordable housing units in market rate projects. The third
amendment changes the minimum separation between two primary buildings in multi-
family zones in section 18.2.5.030.A to provide a separation standard that is proportional
to the size of buildings, to provide consistency with the single-family zones, and to
provide more flexibility in building placement in the multi-family zones. Finally, the
standards for manufactured homes on individual lots and in manufactured home
developments are updated in sections 18.2.3.170 and 18.2.3.180 for consistency with the
requirements for single-family homes siting and subdivisions.
Outside of the aforementioned amendments, the City's ordinance requirements related to
housing remain in effect. The standards have been reformatted but are substantially the
Findings of Fact and Conclusions of Law Page 12
same.
Goal 11 Public Facilities
Goal 11 requires cities to plan for adequate public facilities and to provide standards for
serving planned growth. Sections 18.4.6.070, 18.4.6.080, and 18.4.6.090 are included in
the revised land use code to clarify the approval criteria "adequate capacity" of public
facilities (water, sewer, storm drainage, and electric) for land divisions, site design
review, conditional use permits, and annexations. Public improvements are required to
be connected to City facilities and consistent with the City's adopted facility master
plans. Outside of the aforementioned addition, the existing ordinance requirements
related to public utilities remain in effect. The standards have been reformatted but are
substantially the same.
Goal 12 Transportation
Goal 12 and the State Transportation Planning Rule (TPR), OAR 660, Division 12,
require cities to plan for an interconnected, multi-modal transportation system.
Development standards must provide for transportation options, efficient street widths,
and parking requirements that support compact, mixed-use development.
The commercial and employment design standards in section 18.4.2.040.B.1.a and b are
amended to limit parking to one side of the building and to require the building to occupy
the majority of the street frontage. The amended commercial design standards are
intended to locate buildings in new development along the majority of the project's street
frontage to enhance the environment for walking, cycling, and mass transit use by
locating the concentration and mix of uses close together and creating an interesting
street wall.
The same amendments that implement Goal 9 Economy also address Goal 12
Transportation by providing the flexibility to increase the concentration of jobs and
residential units on transit corridors by increasing the allowable floor area. An increased
concentration and mix of uses supports and encourages walking, bicycling, and transit
trips. The building setback from an abutting residential zone is changed to 10 feet for side
yards in the E-1 zone in section 18.2.6.030 for consistency with the C-1 and C-1- D
zones. In section 18.2.6.030, the building height in the C-1 zone is allowed with a
conditional use permit to be increased from three to four stories if the building is located
a least 100 feet form a residential zone.
Outside of the aforementioned amendments, the City's existing ordinance requirements
for parking requirements and street design remain in effect. The standards have been
reformatted but are substantially the same.
Goal 13 Energy Conservation
Goal 13 requires cities to manage and control land development to maximize the
conservation of energy based on sound economic principles. An amendment is included
in section 18.4.8.050 requiring land divisions in residential zones to orient new streets
and buildings so that the long sides of lots and buildings face north and south for
Findings of Fact and Conclusions of Law Page 13
maximum solar access. The amendment is consistent with Goal 10 by reducing future
energy consumption through the protection of the properties access to solar energy.
Outside of the aforementioned solar orientation standard, the City's existing ordinance
requirements related to streets and public utilities remain in effect. The standards have
been reformatted but are substantially the same.
The City Council finds that the revised and restated unified land use ordinance is
consistent with the applicable Statewide Planning Goals.
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the requirements for a legislative amendment have
been fully met, based on the detailed findings set forth herein and the detailed findings
and analysis of the Planning Commission, together with all staff reports, addenda and
supporting materials in the whole record. Specifically the Council finds that the revised
and restated unified land use ordinance is consistent with City of Ashland requirements
for legislative amendments in 18.108.170, the Ashland Comprehensive Plan, and the
Oregon Statewide Planning Goals.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of an ordinance of the City of Ashland repealing Ordinance No. 2052 and
replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a
restated and revised unified land use ordinance.
Ashland City Council Approval
_Jq Stromberg, Mayor Date
Signature authorized and approved by the full Council this 16th day of December, 2014.
A tte t: 2
Barbara Christensen, City Recorder Date
Approved a to form:
D id Lohman, Ashland City Attorney Date
Findings of Fact and Conclusions of Law Page 14