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HomeMy WebLinkAbout3166 Adding 18.3.14 - Transit Triangle Overlay ORDINANCE NO. 3166 AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE TO INCLUDE A NEW CHAPTER 18.3.14 TRANSIT TRIANGLE OVERLAY Annotated to show a°'as-and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for residential use to provide for 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 Council identified the need to provide incentives to create affordable and workforce housing in the 2015-2017 Council Goals and Objectives; and WHEREAS, the Ashland Comprehensive Plan includes a goal to `Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city; and WHEREAS, the 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely-low income (less than 30 percent of area median income) and low-income households (between 30 and 50 percent of area median income) and recommended more rental studio and one-bedroom units; and WHEREAS, the 2016 American Community Survey shows that 39.4 percent of Ashland households are single-person compared to 27.8 percent of Oregon households, and 44.8 percent of single-person households in Ashland are renter-occupied compared to 36 percent of single-person households in Oregon are renter-occupied; and WHEREAS, according to figures released in January 2018 by the Southern Oregon Multiple Listing Service, the median sales price for existing single-family residences in Ashland in 2017 was $421,500, which was a 7.5 percent gain over 2016. In contrast, the purchasing power of an Ashland household of four earning the median income in 2017 was $217,950. WHEREAS, Ashland households earning 120% of median income can afford $1,270 to $1,295 per month for housing costs. Workforce housing has come to be defined as housing targeted to households who may earn too much to qualify for affordable housing subsidies but not enough to afford a home or an apartment. The gap between earned income of people living and working in a community and the housing costs tends to be intensified in high-cost housing areas. As a result, affordable housing programs and providers generally consider workforce housing to be households earning 80 to 120 percent of area median income. Given these parameters, 46 percent of Ashland households can afford up to $875 a month for housing and an additional eight percent can afford up to $1,250 a month on housing (2015 American Community Survey, U.S. Census). WHEREAS, the rental housing market has experienced increased prices and shortages over the last several years. Residential rental unit vacancy rates remain at one to two percent for the region. A low vacancy rate for rental units is generally considered to be an indicator that there are little to no available units for rent. WHEREAS, the City of Ashland participated in the regional planning process that resulted in the adoption of the Greater Bear Creek Valley Regional Plan in 2012. Cities throughout the region identified reserve areas to accommodate housing for future population growth. The City of Ashland decided to accommodate housing for future population within the Ashland's current boundaries rather than identify future growth areas on the perimeter of the city. Also as a part of the regional planning process, the City of Ashland committed to provided 6.6 units per gross acre for new development. Changes to the zoning and land use ordinance that encourage development of residential units in the transit triangle can provide needed multi-family residential units to contribute toward meeting the regional density target. WHEREAS, the City Council determined it is necessary to amend the land use ordinance to encourage the development of multifamily rental units in the area adjacent to the bus route to respond to changes in the housing supply and to meet the target residential density in the Greater Bear Creek Valley Regional Plan. Housing availability, diversity of housing types and housing prices have been a concern in Ashland for some time. However, these concerns have been intensified in the last several years throughout the region, state and west coast. Housing prices including rents have continued to rise at a rapid rate. In addition, the supply of housing was impacted by less construction during the recession. The changes in housing market and resulting impacts on housing supply necessitate a change in the zoning and land use ordinance to allow the diversification of the housing supply by providing an area to construct moderately priced multifamily rental housing.; and 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 Planning Commission considered amending the land use ordinance to include a new Chapter 18.3.14 Transit Triangle Overlay and recommended the amendment to the Ashland Municipal Code and Land Use Ordinances I at a duly advertised public hearings on May 22, 2018, June 12, 2018 and July 24, 2018, following deliberations, recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on September 18, 2018; 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 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. A new Chapter 18.3.14 of the Ashland Municipal Code creating a new overlay zone [Transit Triangle Overlay] set forth in full codified form on the attached Exhibit A and made 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., Section 2) 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 20th day of November, 2018, and duly PASSED and ADOPTED this 18th day of December, 2018. Melissa HuhFtala, City Recorder SIGNED and APPROVED this 1 !~-day of 2018. hn Stro berg, Mayor Reviewed as to form: David H. Lo an, City Attorney I l Chapter 18.3.14 - Transit Triangle Overlay Sections: 18.3.14.010 Purpose 18.3'.14.020 Applicability 18.3.14.030 General Requirements 18.3.14.040 Use Regulations 18.3.14.050 Dimensional Regulations 18.3.14.060 Site Development and Design Standards 18.3.14.010 Purpose The Transit Triangle (TT) overlay is intended to promote the development of a mix of housing units and businesses adjacent to the bus route designed in a way that encourages walking, bicycling and transit use. The Transit Triangle (TT) overlay was adopted by the City Council on month 2018 (Ordinance No. 18.3.14.020 Applicability A. Transit Triangle (TT) Overlay Designation. This chapter applies to properties designated as Transit Triangle (TT) overlay on the Site Design Zones map, and pursuant to the Transit Triangle overlay development standards and map adopted by Ordinance No. # (month, 2018). B. TT Overlay Option. The TT overlay may be used to develop residential and commercially zoned land located in the TT overlay, but is not mandatory. Development using the TT overlay option shall meet all of the provisions of this chapter and all other applicable sections of this ordinance, except as otherwise provided in this chapter. The provisions of this chapter do not apply to development located in the TT overlay that does not elect to fully exercise the TT overlay option. C. Pedestrian Places Overlay. The Pedestrian Places overlay and associated development standards do not apply to properties electing to develop under the Transit Triangle (TT) overlay option. D. Governing Standards. Notwithstanding the provision of chapter 18.2.2 Base Zones, additional use restrictions and land use standards apply within the TT overlay. Where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the TT overlay shall govern. E. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5 Variances, except that deviations from the standards in section 18.3.14.050 for minimum residential density and subsections 18.3.14.060.A and 18.3.14,060.B are subject to 18.5.2.050.E Exception to the Site Development and Design Standards. 'AL Ashland st 534. z La , 4 D m = 0 l7 _ R \ G ~ V x Y 4" R ' ' y I ~QLv Figure 18.3.14.020 Transit Triangle (TT) Overlay 18.3.14.030 General Requirements A. Site Development and Design Standards. New development is subject to Site Design Review under chapter 18.5.2, and must comply with the applicable site development and design standards. 18.3.14.040 Allowed Uses A. Uses Allowed in TT Overlay. Allowed uses are determined by the base zone and in accordance with section 18.2.2.030, except as provided for in this chapter. Notwithstanding the provisions of chapter 18.2.2 Base Zones, section 18.3.14.040 includes additional allowed uses, use restrictions and prohibited uses within the TT overlay. B. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. 'Table 18.3.14.040 -Transit Triangle (TT) Overlay Uses Allowed'by.,Base Zone' Zones C-1 E-1 R-2 R-3 Special Use Standards A. Residential Multifamily dwelling, rental Sec. P P P P 18.3.14.040.0.1 for C-1 and E-1 zone Multifamily dwelling, for purchase N N N N B. Commercial Hotel/Motel N N N N Travelers' Accommodation N N N N Commercial Retail Sales and Services, Per Per S S Sec. except Outdoor Sales and Services 18.2.2.030 18.2.2.030 18.3.14.040.0.2 Office Per Per S Sec. 18.2.2.030 18.2.2.Oe0 S 18.3.14.040.C.2 Restaurants Per Per S Sec. 18.2.2.030 18.2.2.030 S 18.3.14.040.C.2 'Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. C. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.14.040, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses provided all of the following standards are met. a. One Building. In the C-1 and E-1 zones, when a planning application is limited to one building, residential uses may occupy up to 65 percent of the gross floor area of the ground floor. At least 35 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. b. More Than One Building. When a planning application includes more than one building, the equivalent of at least 35 percent of the gross floor area of the ground floor for all buildings shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. 2. Commercial Uses in the R-2 and R-3 Zones. The commercial uses described in Table 18.3.14.040, above, are allowed provided all of the following standards are met. a. The maximum gross floor area occupied shall be 60 square feet for every residential dwelling unit developed on site. 18.3.14.050 Dimensional Standards Notwithstanding the provisions of chapter 18.2.5 Standards for Residential Zones and chapter 18.2.6 Standards for Non-Residential Zones, Table 18.3.14.050 includes the dimensional standards within the TT overlay. The dimensions shall conform to the standards in Table 18.3.14.050. Table 18.3.14.050 Transit Triangle Overlay Dimensional Standards Base Zones' C-1 E-1 R-2 R-3 Residential Density (dwelling units/acre) Minimum2 30 du/ac 15 du/ac 13.5 du/ac 20 du/ac Maximum Maximum residential density is regulated by the FAR under the TT overlay option. The maximum dwelling units per acre of the base zones do not apply under the TT overlay option. 2At a minimum, the development shall meet the residential density allowed in the underlying zone, as noted above and per section 18.2.6.030 for C-1 and E-1 and subsection 18.2.5.080.D for R-2 and R-3. Floor Area Ratio (FAR)' Minimum .5 .5 .5 .5 Maximum 1.5 1.5 1.25 1.25 3Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Plazas and pedestrian areas may also be applied toward meeting the landscaping area requirements but shall not constitute more than 50% of the required area. Lot Area, Width, Depth and Coverage Land divisions in the R-2 and R- 3 zones shall meet the NA NA applicable requirements of table 18.2.5.030.A or chapter 18.3.9 Performance Standards Options. Yards, Minimum (feet)4 Front There is no minimum front, side, 5 ft 5 ft or rear yard required, except Side where buildings on the subject See table 18.2.5.030.A for site abut a residential zone, in standard yard requirements for - Rear which case a side or rear yard of the R-2 and R-3 zone not less than 15 ft is required. 4See building step back requirement in section 18.3.14.060. Building Separation, On Same Site - Minimum NA Building separation is not required under the TT overlay option, except as required by the building code. Building Heights & 6 Maximum Height - feet/stories 50/4 50/4 42/3 42/3 Solar Setback Per table 18.2.6.030 Per chapter 18.4.8 Solar Access 5See definition of "height of building" in section 18.6.1.030. 6Parapets may be erected up to five feet above the maximum building height in the C-1 and E-1 zone; see also, 184.4.030.6.4 for mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment review process. Lot Coverage - Maximum of lot area) 85% 85% 80% 80% Landscape Area - Minimum of developed 15% 15% 20% 20% lot area) Outdoor Recreation Space - Minimum of NA JOutdoor recreation space is not the area) required under the TT overlay Table 18.3.14.050 Transit Triangle Overlay Dimensional Standards Base Zones' C-1 E-1 R-2 R-3 option. Zones: C-1 = Commercial; E-1 = Employment; R-2 = Low Density Multiple Family; R-3 = High Density Multiple Family. 18.3.14.060 Site Development and Design Standards New development is subject to Site Design Review under chapter 18.5.2, and must comply with site development and design standards in part 18.4 and section 18.3.14.060, below. A. C-1 and E-1 zones. Development under the TT overlay option and located in the C-1 and E- 1 zones are subject to the following standards. 1. Buildinq Mass. Building facades within 25 feet of a residential zone or facing a street shall meet one of the following standards to reduce building mass. This standard applies along the perimeter of the development and shall not apply between buildings or lots within a development. See minimum side or rear yard requirement for buildings abutting a residential zone in table 18.3.14.050. a. Incorporate a step back of ten feet for that portion of a building which is over 25 feet or two stories in height, whichever is greater. The building step back requirement does not apply to parapets. See Figure 18.3.14.060.A.1.a. b. Buildings over 25 feet or two stories in height shall incorporate offsets, jogs, or other distinctive changes on building facades within 25 feet of a residential zone or facing a street. i------- Height Limit: 50' Step back of 1 O' for that I 4 portion over 25 feet I rv high where it is within a - 25 feet ofa residential 3 zone,orwhich 10' i c faces the front yard V 2 H N ~D 1 ,1Fesid2(1ha1,`~ 15'setback Figure 18.3.14.060.A.1.a B. R-2 and R-3 zones. Development under the TT overlay option and located in the R-2 and R- 3 zones are subject to the following standards. 1. Detail Site Review Standards. Lots with frontage on Ashland Street shall be subject to the building placement, orientation, and design standards in section 18.4.2.040, including the Detailed Site Review Standards. The area subject to this section shall be 150 feet in depth and the width of the subject lot. The depth of the regulated area shall be measured perpendicular to the lot line that parallels Ashland Street. 2: Sidewalk Setback. Mixed-use buildings shall be setback not more than five feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. 3. Minimum FAR and Plazas. Mixed-use developments shall have a minimum Floor Area Ratio (FAR) of .50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Projects including existing buildings or vacant parcels of one-half an acre or greater in size shall achieve the required minimum FAR or provide a shadow plan that demonstrates to the approval authority how development may be intensified over time to meet the required minimum FAR. 4. Building Mass. Building facades within 25 feet of a residential zone or facing a street shall meet one of the following standards to reduce building mass. This standard applies along the perimeter of the development and shall not apply between buildings or lots within a development. See minimum side or rear yard requirement for buildings abutting a residential zone in table 18.3.14.050. a. Incorporate a step back of ten feet for that portion of a building which is over 25 feet or two stories in height, whichever is greater. The building step back requirement does not apply to parapets. See Figure 18.3.14.060.B.4.a. b. Buildings over 25 feet or two stories in height shall incorporate offsets, jogs, or other distinctive changes on building facades within 25 feet of a residential zone or facing a street. Height Limit: 42' Zo Step back of 10 feet for N 10' 3 portion over the building 10' over 25 feet high N ~ L 1 t. ~1 k~ .x fv S XX hX>.:4v x.` x vcYs Figure 18.3.14.060.B.4.a C. Parking Ratios. Properties developed under the TT overlay option are subject to the standard requirements of chapter 18.4.3 Parking, Access, and Circulation, except as provided by subsection 18.4.3.030.C, below. 1. Multi-family Dwellings. The minimum number of off-street automobile parking spaces required for multi-family dwelling units for development under the TT overlay option are as follows. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 sq. ft. and less than 1000 sq. ft. 1.5 spaces/unit. c. Units greater than 1,000 sq. ft. 2.00 spaces/unit. 2. Retail Sales and Services, Offices, and Restaurants. The required off-street parking spaces may be reduced up to three parking spaces for retail sales and services, general office, or restaurant uses. The maximum reduction under this subsection is three parking spaces per building. D. Availability of Parking Facilities. For properties developed under the TT overlay option, required off-street automobile parking spaces shall be available for use by residents, customers, and employees, and shall not be limited in use by hours or type of user through signage or other legal instrument. Required off-street automobile parking shall not be used for the storage or display of vehicles or materials.