HomeMy WebLinkAbout2023-218 Findings - Parking AmendmentsBEFORE THE PLANNING COMMISSION
CITY OF ASHLAND, JACKSON COUNTY, OREGON
November 28, 2023
In the matter of PA-T3-2023-00006 involving )
amendments to the Ashland Municipal Code (AMC) )
Title 18 Land Use Ordinance to remove automobile )
parking mandates and to amend parking standards in order)
to implement requirements of the Sate of Oregon's ) FINDINGS OF FACT &
Climate -Friendly & Equitable Communities (CFEC) rules.) CONCLUSIONS OF LAW
The proposal includes amendments to AMC 18.2.2, 18.2.3,)
18.3.14,18.3.2,18.3.4,18.3.5,18.3.9,18.4.2,18.4.3, )
18.4.4, 18.4.6, 18.5.2, 18.5.3, 18.5.4, 18.5.5 and 18.5.6 )
PURPOSE:
The proposal involves amendments to the Ashland Land Use Ordinance to remove
automobile parking mandates and amend parking standards set forth in the Ashland
Municipal Code (AMC) in order to implement the requirements of the State of Oregon's
Climate -Friendly & Equitable Communities (CFEC) rules. The proposal includes
amendments to AMC 18.2.2, 18.2.3, 18.3.14, 18.3.2, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3,
18.4.4, 18.4.6, 18.5.2, 18.5.3, 18.5.4, 18.5.5 and 18.5.6.
PUBLIC HEARINGS:
Notice was published in the Ashland News on October 24, 2023, prior to the Planning
Commission and City Council public hearings. A public hearing was held at the
Planning Commission on November 14, 2023, and a hearing is scheduled before the City
Council on December 5, 2023. Notice of the proposed ordinance amendments was also
sent to the Department. of Land Conservation and Development on September 5, 2023.
SUMMARY OF AMENDMENTS
The proposed code amendments primarily seek to implement "Option 1" of the Climate -
Friendly and Equitable Communities rules in eliminating parking mandates city-wide. In
addition, the amendments include:
Amended code language for on -street parking associated with Performance Standards
Options subdivisions in AMC 18.3.9.060.
Added draft code language in AMC 18.4.2.010 to enable redevelopment of existing off-
street parking areas.
Added code language allowing an applicant to obtain a Conditional Use Permit to exceed
the maximum number of parking spaces provided in the `Parking Spaces by Use' Table
(18.4.3.030.&2).
Findings of Fact and Conclusions of Law Page 1
• Amended code language to retain automobile parking maximums, which are not required
under the Climate -Friendly and Equitable Communities rules for a city of Ashland's size,
but which have long been- established in the Ashland Land Use Ordinance, by removing
the correlation to the number of required parking spaces and instead setting a maximum
number of spaces based on the proposed use (Table 18.4.3.040).
• Added code language to require at least one ADA-accessible parking space to be
provided in those instances when no other parking is proposed (18.4.3.050). This
provision would not apply within the C-1-D zone. Where parking is voluntarily proposed,
the State Building Code stipulates the requisite number of accessible spaces required.
• Added code language, and revised bicycle parking graphics, relating to bicycle parking
dimensions and bike parking layouts and accommodation of cargo bikes and family bikes
(18.4.3.070.C.6). Bicycle parking requirements were previously tied to automobile
parking requirements; the requirements have been adjusted to remove the correlation to
the number of automobile parking spaces provided and establish bicycle -specific parking
ratios based on the uses proposed.
• Added code language to incorporate requisite CFEC tree canopy coverage and
maintenance requirements for parking lot trees (18.4.3.080.B.6).
• Removed code language which stipulated a 50-foot separation between driveways on
neighborhood streets for lots serving three or more units, while retaining a requisite 24-
foot separation between driveways (18.4.3.080.C.3.c.i).
• Amended code language addressing width requirements for two-way vehicular
circulation, and one-way vehicular circulation for consistency with previous precedent
(18.4.3.080.D.3).
• Amended existing code language relating to the maximum grade of flag drives to allow
multiple sections to exceed 15 percent grade, up to a maximum of 18 percent, to clarify
intent of the code language based on previous precedent (18.5.3.060.F)
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 approval criteria for legislative amendments,
AMC 18.5.9.020.B
B. Consistency with City of Ashland Comprehensive Plan and Other City Policies
C. Consistency with Oregon Statewide Planning Goals and associated Oregon
Administrative Rules
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland approval criteria for legislative amendments and
zoning map amendments, AMC 18.5.9.020.B
Findings of Fact and Conclusions of Law Page 2
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B. Type Ill. It may be necessary from time to time to make legislative amendments in
order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type Ill procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 1W for
annexation information), and urban growth boundary amendments. The following
planning actions shall be subject to the Type 111 procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except
where minor,, amendments or corrections may be processed through the Type 11
procedure pursuant to subsection 118.5.9.020. , above.
2. 'Comprehensive Plan changes, including text and map changes or changes to
other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments. (Ord. 3195 § 5, amended, 12/01/2020)
Finding: Ashland Municipal Code (AMC) 18.5.9.0203 permits legislative amendments
to meet changes in circumstances and conditions. The Planning Commission finds that in
this instance, the State of Oregon's adoption of Climate -Friendly & Equitable
Communities (CFEC) rules require that cities amend their parking codes, which can be
found to be a change in circumstances necessitating the proposed amendments. The City
of Ashland has been implementing the State's CFEC parking rules directly from the
Oregon Administrative Rules. since January 1, 2023. The CFEC rules required that cities
adopt the new state -mandated changes no later than June 30, 2023,, however the City of
Ashland requested and received an extension to this deadline and must adopt the required
code amendments no later than December 31, 2023.
B. Consistency with the Ashland Comprehensive Plan and other City Policies
The Ashland Comprehensive Plan's Policy 6.10.02.14 is to, "Provide for minimal off-
street parking requirements in locations where it is demonstrated that car ownership
rates are low for resident populations in order to help reduce housing costs and increase
affordability and where the impact on neighborhoods allow."
Finding: The elimination of off-street parking requirements city wide will help to reduce
housing costs and increase affordability in keeping with this policy.
Findings of Fact and Conclusions of Law Page 3
The Ashland Comprehensive Plan's Goal 8.16.19 is to, "Increase the portion of the city
covered by a tree canopy, especially parking lots and other paved areas."
Finding: The proposed code amendments include new parking lot tree canopy coverage
requirements to provide 30 to 40 percent of parking lot areas in tree canopy coverage
which directly implements this goal.
The Ashland Comprehensive Plan's Goal 10.09.02.25 is to, "Reduce the number of
automobile parking spaces required for new development, discouraging automobile use
as the only source of access and encouraging use of alternative modes."
Finding: The Planning Commission finds that the proposed amendment is directly in
keeping with this goal and will aid in encouraging the use of alternative modes of
transportation.
The Planning Commission finds and determines that the proposed land use code
amendments are consistent with the Comprehensive Plan goals and policies.
C. Consistency with Oregon Statewide Planning Goals
The proposed code amendments were also reviewed for conformance with the applicable
Statewide Planning Goals and administrative rules adopted by the Department of Land
Conservation and Development. The following goals and OARs are applicable to the
proposed code amendment:
GOAL 1: CITIZEN INVOLVEMENT
To develop a citizen involvement program that ensures the opportunity for citizens to be
involved in all phases of the planning process.
Finding: The process to adopt these proposed code amendments included three meetings
before the Planning Commission, as well as a meeting before the Transportation
Commission, and three meetings before the City Council with required public notice
provided. Both the Planning Commission and Council meetings were conducted in
person but allowed the opportunity for participation via Zoom which afforded citizens
multiple opportunities to review, comment, and be involved in all phases of the planning
process. The Climate -Friendly and Equitable Communities rulemaking process which
lead to the adoption of rules requiring these parking code amendments included
numerous meetings in every region of the state and similarly provided the opportunity for
citizens and municipalities to be involved in all phases of the rulemaking process. This
Goal is met.
GOAL 2: LAND USE PLANNING
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual bases for
such decisions and actions.
Findings of Fact and Conclusions of Law Page 4
Finding: The proposed land use code amendments have an adequate factual base, as has
been thoroughly described through the application'and hearing process. The
implementation measures proposed are consistent with Comprehensive Plan policies as
noted in these findings and with the requirements of the Climate. -Friendly and Equitable
Communities rules with regard to parking, as reflected in OAR 660-012 and further
discussed under `Goal 12' below. The Goal is met.
GOAL 3: AGRICULTURAL LANDS
To preserve and maintain agricultural lands.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to agricultural lands outside of the Ashland Urban Growth Boundary (UGB).
GOAL 4: FOREST LANDS
To conserve forest lands by maintaining the forest land base and to protect the state's
forest economy by making -possible economically efficientforest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and
to provide for recreational opportunities and agriculture.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to forest lands outside of the Ashland UGB.
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN
SPACES
To protect natural resources and conserve scenic and historic areas and open spaces.
Finding: The proposed land use code amendments will not negatively impact inventoried
Goal 5 resources. Ashland's Historic District Development Standards in AMC
18.4.2.050, Physical and Environmental Constraints Review procedures in AMC 18.3.10,
and Water Resource Protections Zones Ordinance in AMC 18.3.11 are not proposed to be
modified and will remain in place to protect historic and natural resources from negative
impacts. The Goal is met. '
GOAL 6. AIR, WATER AND LAND RESO URCES Q UALITY
To maintain and improve the quality of the air, water and land resources of the state.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal. This proposal does not modify the existing goals and policies and does not
negatively impact Goal 6. This Goal is met.
Findings of Fact and Conclusions of Law . Page 5
GOAL 7. AREAS SUBJECT TO NATURAL HAZARDS
To protect people and property from natural hazards.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal. This proposal does not modify the existing goals and policies, and the
removal of parking mandates within the city of Ashland will not negatively impact
natural hazard area protections under Goal 7.
AMC 18.3.10 `Physical and Environmental Constraints -Overlay' regulates the
development of flood plain corridor lands, hillside lands,, hillside lands with severe
constraints, and wildfire lands. The standards applying to the aforementioned natural
hazard areas follow the same provisions for any proposed development, and the proposal
will not alter the applicability of the city's Physical and Environmental Constraints
Overlay regulations or the protection from natural hazards they were implemented to
provide. This Goal is met.
GOAL 8: RECREATIONAL NEEDS
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 8 and recreational needs. This Goal is met.
GOAL 9: ECONOMIC DEVELOPMENT
To provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens.
Finding: The proposed code amendments do not modify the existing goals and polices
related to Goal 9 and economic development, but instead seek only to implement state
requirements that would eliminate requirements to provide off-street parking. This Goal
is met.
GOAL 10: HOUSING
To provide for the housing needs of citizens of the state.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does mot modify the existing goals and policies related to
Goal 10 and housing needs. With the adoption of the proposed code amendments to
eliminate parking mandates citywide, the development of proposed housing will no
longer be burdened by a city mandate to provide off-street parking and as such these
changes will facilitate the development of more housing units. Specifically, as affordable
Findings of Fact and Conclusions of Law Page 6
housing is also no longer required to provide parking spaces, the cost of affordable
housing development may be reduced thereby increasing opportunities to provide needed
housing at a cost that is affordable to lower and moderate -income households. This Goal
is met.
GOAL 11: PUBLIC FACILITIES AND SERVICES
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Finding: The City of Ashland has master plans in place for water, wastewater and
stormwater that address projected population growth and development in the Ashland
city limits and UGB. The Water Master Plan was completed in 2020 and projects and
plans for an adequate water supply for a 20-year planning period. The Wastewater Master
Plan was completed in 2012 and projects and plans for an' adequate water supply for a 20-
year planning period. The Stormwater and Drainage Master Plan was completed in 2020
and projects and plans for an adequate water supply for a 20-year planning period. This
Goal is met.
GOAL 12: TRANSPORTATION & THE TRANSPORTATIONPLANNING RULE
(TPR): To provide and encourage a safe, convenient and economic transportation
system.
Finding: The City of Ashland adopted a Transportation System Plan (TSP) in 2013
which has gone through the post acknowledgement amendment process. The
transportation system is planned to accommodate the population growth and development
of the community for the 20-year planning period.
Oregon Administrative Rule (OAR) 660-012-0400(3): Parking Management requires
that, "Cities and counties shall remove parking mandates as directed under OAR 660-
012-0420. In lieu of removing parking mandates, cities and counties may amend their
comprehensive plans and land use regulations to implement the'provisions of OAR 660-
012-0425, OAR 660-012-0430, OAR 660-012-0435, OAR 660-012-0440, OAR 660-012-
0445, and OAR 660-012-0450. " The proposed code amendment conforms to this goal
and the TPR by implementing OAR 660-012-0400(3). Specifically, the proposal
eliminates minimum off-street parking requirements citywide. This Goal is met.
GOAL 13: ENERGY CONSERVATION
To conserve energy.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 13 and energy conservation. This Goal is met.
Findings of Fact and Conclusions of.Law Page 7
GOAL 14: URBANIZATION
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
Finding: The proposed code amendments conform to this goal because they promote
more efficient use of land by helping to better accommodate Ashland's urban population
within its portion of the UGB by enabling higher density development and encouraging
infill or redevelopment of properties that may be underutilized (i.e., due to an over -supply
of parking). This means urban lands will be able to accommodate more housing and
employment uses than they were able to when the City mandated that significant portions
of properties be used for off-street parking.
The proposed land use code amendments do not include changes to the Ashland Urban
Growth Boundary, do not encourage sprawl, do not lower residential densities, or
promote uncoordinated and inefficient development. The amendments proposed are
limited to eliminating parking mandates within the city as required by the state under the
Climate -Friendly & Equitable Communities rules. The management of the City's land
use inventories is unaffected by these amendments. This Goal is met.
PLANNING COMMISSION FINDINGS AND RECOMENDATIONS
Based on the above discussion, the Planning Commission finds that the proposed
amendments to the Ashland Land Use Ordinance are consistent with the statewide
planning goals and therefore comply with the requirement that the amendments be
consistent with state land use planning law. The Planning Commission accordingly
recommends that the City Council approve the amendments and adopt the proposed
ordinance subject to the following overall conclusions.
Ashland Planning Commission Approval
Lisa Verner, Planning Commission Chair Date
RECOMMENDED COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and
analysis of the Planning Commission, and supporting documents together with all staff
reports, addenda and supporting materials in the whole record.
Specifically, the Council finds that the proposed land use code amendments are
consistent with City of Ashland approval criteria for land use ordinance amendments as
set forth in ALUO 18.5.9.020.B and are consistent with the City of Ashland
Findings of Fact and Conclusions of Law Page 8
Comprehensive Plan and other City policies. The Council finds and determines that the
proposed amendments are consistent with the Oregon Statewide Planning Goals and
applicable Oregon Administrative Rules.,
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 the following amendments to AMC Title 18 Land Use as reflected in the
attached ordinance.
Ashland City Council Approval
1� - 444"-� I-'? (23
City Codicil Approval Date
Signature authorized and approved by the full Council this 19t' day of December 2023.
Attest:
A, A 'g -A A . I A '4 Y , ) -
Alissa olodzins i, ity Recorder
Approved as to form:
! Z. 17, 0123
Date
C
Doug eary, Ac mg""City Atto ey Date
Findings of Fact and Conclusions of Law Page 9
CITY OF
ASHLAND
December 19, 2023
Cody Meyer, Land Use and Transportation Planner,
Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Salem, Oregon 97301-2540
Re: DLCD Technical Assistance Grant Application
Dear Mr. Meyer,
The Ashland City Council fully supports the City of Ashland's application for the 2024 Climate
Friendly and Equitable Communities (CFEC) Planning Grant from the Department of Land
Conservation and. Development.
We are excited about the prospect of creating Climate Friendly Areas through the zoning
amendment process, a venture that would greatly benefit from the CFEC Planning Grant. This
project, aimed at implementing Climate Friendly Areas, will involve comprehensive community
engagement, advanced transportation planning, market analysis for employment and housing
development, and significant changes to zoning laws, all of which are crucial for its success.
We recognize the extensive work required for effective implementation, which surpasses our staff's
current capabilities, and without State support could not be completed within the one-year
deadline set by CFEC rules. Thus, the support from the DLCD Planning Grants is critical for us to
meet our objectives under the CFEC program.
We understand the CFEC program's potential to transform Oregon communities by encouraging
diverse housing and transportation options, promoting equity, and reducing environmental
impact. Ashland is eager to leverage the resources and expertise provided by the DLCD through
this grant. The opportunity is particularly appealing as it requires no financial contribution from us,
other than staff involvement. We plan to use the grant to work with expert consultants overseen by
the DLCD. This partnership is expected to advance Ashland towards a sustainable and equitable
future, in line with the goals of the CFEC program.
Thank you for your consideration,
Mayor Tony6 Graham, City of Ashland
office of the Mayor, City of Ashland
20 East Main St. Tel: 541.488-6002
Ashland, Oregon 97520 Fax: 541.552.5311
ashland.orms TTY: 800.735.2900
12119/2-:5
Date