HomeMy WebLinkAbout2022-09-27 Planning PACKET
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Hearing is closed.
ASHLAND PLANNING COMMISSION
SPECIALMEETING
September 27, 2022
AGENDA
https://zoom.us/j/91669060505
I.CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
III.PUBLIC FORUM
IV. LEGISLATIVE HEARING:
A.PLANNING ACTION:
#PA-L-2021-00013
APPLICANT:City of Ashland
ORDINANCE REFERENCES:AMC 18.2.3
Special Use Standards
AMC 18.2.6
Standards for Non-Residential Zones
AMC 18.3.13
Residential Overlay
AMC 18.6.1
Definitions
REQUEST:
The proposal includes a series of amendments to the Ashland Municipal Code
(AMC) Title 18 Land Use to the residential standards for mixed-use development in the
Commercial (C-1) and Employment (E-1) zones.
V.DISCUSSION ITEMS
A.Food Truck Code Discussion
VI.ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title 1).
LEGISLATIVE
PUBLIC HEARING
_________________________________
PA-L-2021-00013
Amendments to Residential Standards
in C-1 and E-1 Zones
ASHLANDPLANNINGDIVISION
STAFFREPORT
ADDENDUM
September27,2022
PLANNINGACTION:
PA-L-2021-00013
APPLICANT:
CityofAshland
ORDINANCEREFERENCES:
AMC18.2.3
SpecialUseStandards
AMC18.2.6
StandardsforNon-ResidentialZones
AMC18.3.13
ResidentialOverlay
AMC18.6.1
Definitions
REQUEST:
TheproposalincludesaseriesofamendmentstotheAshlandMunicipalCode
(AMC)Title18LandUsetotheresidentialstandardsformixed-usedevelopmentinthe
Commercial(C-1)andEmployment(E-1)zones.Thedraftcodeamendmentsareattached.
LEGISLATIVEHISTORY:
ThePlanningCommissionheldapublichearingonDecember14,2021,andrecommended
approvalofthepriordraftoftheordinanceamendingAMCTitle18LandUse.TheCity
CouncilreviewedtheproposedlandusecodeamendmentsatapublichearingonFebruary
1,2022anddidnotapprovefirstreadingoftheordinanceatthattime.TheCouncil
requestedpotentialamendmentsbeconsideredtoallowtheentiretyofthefirstfloorof
developmentsonE-1andC-1landstoberesidentialprovidedcertainhousingaffordability
conditionsweremet.
Theamendeddraftordinancepresentedforconsiderationnewlyincorporatesallowancesfor
affordablerentalhousingwithinCommercialReadySpacewithinthegroundfloorarea.
CommercialReadySpacecouldbeutilizedinaflexiblemanneraseitherpermittedand
specialpermittedcommercialuses,orasaffordablerentalhousingrestrictedtohouseholds
earning80%theAreaMedianIncome(AMI)consistentwiththeAshlandAffordable
HousingProgram.
TheordinanceamendmentsoriginallypresentedtothePlanningCommissiononDecember
14,2021,andtotheCouncilonFebruary1,2022,areprovidedasboldunderlinedblacktext
orasblackstrikeoutsindraftOrdinance3205asattached.Theamendmentsmade
subsequenttotheCommission’spriorreviewarepresentedasboldredunderlinedtext.
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I.OrdinanceAmendments
A.SummaryofProposedCodeAmendments
The proposal includes a series of amendments to AMC Title 18 Land Use to the
residentialstandardsfor mixed-use development located in the Commercial (C-1) and
Employment (E-1) zones.Specifically, theproposed code amendments increase the
allowance for residential usesfrom 35 to 65 percent of the ground floor in multi-story,
mixed-use buildings and developments located in the C-1 and E-1 zones andoutside of
the Downtown Design Standards overlay. Additionally, the development of flexible
Commercial Ready Space would allow residential uses within the 35% commercially
designated floor area provided anagreement is executed with the City, or deed restriction
is recorded on the property, demonstrating that the residential use will be in conformance
with eh Ashland Affordable Housing Program as affordable rental housing for
households earning 80%AMI or less.
Buildings located within the Downtown Designs Standards overlay, buildings that are
one story in height, and properties that are 10 acres in size are larger would be subject to
the current code requirement of 35 percent of the ground floor is permitted in residential
uses.
Residential development in the E-1 zone is limited to E-1 properties in the Residential
overlay (R-overlay). Approximately 42 percent of the E-1 zoned land in the city limits is
in the Residential overlay and 58 percent is not in the Residential overlay. Areas such as
Washington Street, Jefferson Avenue, Benson Way and Clover Lane are not located in
the Residential overlay. Additionally, the Croman Mill District has its own unique zones
based on the master plan and does not include any C-1 or E-1 zoned land.
Theamendmentsareintendedtoprovidemoreflexibilityintheemploymentzonesto
respondtofluctuationsandchangesintheeconomyanddemandforhousing.Theproject
objectivesareto:
1)maintainaninventoryofemploymentparcelsinavarietyofsizesandlocations
toencouragenewbusinessdevelopment.
2)increasethesupplyofmoderately-pricedrentalandfor-purchasehousing;and
3)jumpstartredevelopmentinareasthathavetroubleattractingprojectsand/or
areinproximitytopublictransitandwalkingdistancetodailyserviceneeds,such
asgroceries,shops,parks,etc.
4)provideopportunitiestoutilizevacantcommercialfloorareaasregulated
affordablerentalhousingrestrictedtohouseholdsearning80%AMIorless.
Thedraftamendmentstotheresidentialstandardsformixed-usedevelopmentare
attachedandsummarizedbelow.
18.2.3.130.B.1.a –limits new provisions for residential uses (i.e., up to 65 percent of
the ground floor) in the C-1 and E-1 zones tolocations outside of the Downtown
Design Standards overlay. In addition, to be eligible for the new provisions, the lot
size must be less than 10 acres in size and the mixed-use building must be multi-story
(i.e., two or more stories in height).
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18.2.3.B.1.b-increasesthe allowance for residential uses in multi-story, mixed-use
buildings and developments from 35 to 65 percent of the ground floor. Again, this
allowance is for locations outside of the Downtown Design Standards overlay.
Additionally, the provision is limited to multi-story mixed-use buildings and lots that
are less than 10 acres in size.
18.2.3.B.1.c.i-iii–Creates a designation for Commercial Ready Space which is
developed to accommodate commercial occupancies but may be used flexibly as
either a commercial use or as regulated affordable rental housing for households
earning 80%AMI or less.
18.2.3.130.B.2.a –retains existing standard which allowsup to 35 percent of the
ground floor to be used for residential uses. The existing standard applies to three
situations –properties located inside of the Downtown Design Standards overlay, for
lots 10 acres and greater in size and for single-story buildings.
18.2.3.130.B.2.b.i –this is the exiting standard allowing up to 35 percent of the
ground floor in residential uses, it is simply moved from the existing code section
18.2.3.130. B.1.
18.2.3.130.B.1.b.ii –revises the code for situations where a mixed-use development
includes more than one building. It requires the equivalent of 65 percent of the
ground floor of all the buildings to be provided in permitted or special permitted non-
residential uses. This retains the ability in mixed-use developments with more than
one building to constructa building that is entirely residential uses as long as the
equivalent square footage of 65 percent of the ground floor of the residential building
is transferred to another building in the development and is used for permitted and
special permitted non-residential uses.
Table 18.2.6.030 –deletes residential densities in the C-1, C-1-D and E-1 zones.
18.3.13.010.C –removes existing language that duplicates the standards in 18.2.3.130
Dwellings in Non-Residential Zones and instead references the requirements in
18.2.3.130 for the Residential overlay or in 18.3.14.040 for the Transit Triangle (TT)
overlay. The Residential overlay applies to a portion but not all of the E-1 zone.
18.6.1.030\[Definition\]-amended to include definition of Commercial Ready Space.
B.Discussion
The2021-2041HousingCapacityAnalysis(HCA)isatechnicalstudyrequiredbystate
lawandwasadoptedbytheCityCouncilonAugust17,2021asatechnicalreportand
supportingdocumenttotheAshlandComprehensivePlan.TheHCAprovidesanumber
ofrecommendedpolicychangestoaddressAshland’sunmethousingneedsthatare
relatedtotheproposedcodeamendments.TheHCA’srecommendedpolicychangesor
strategiesarepresentedasguidancefortheupcomingHousingProductionStrategy.
Strategy 1: Ensure an adequate supply of land is available and serviced
Strategy1.3:Identifyopportunitiestoincreaseallowancesforresidentialusesonthe
groundfloorofbuildingswithincommercialandemploymentzones.
Strategy 1.4:Evaluate decreasing multifamily parking requirements.
Strategy2:ProvideopportunitiesforhousingdevelopmenttomeettheCity’sidentified
housingneeds
Strategy 2.2:Evaluate opportunities incentivize smaller units through amendments to
allowable densities.
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Strategy 2.4:Evaluate increasing allowances for residential dwellings in commercial
and employment zones, such as allowing an increased amount of residential uses in
ground floor commercial spaces.
Strategy5:AlignhousingplanningwiththeClimateandEnergyActionPlan
Strategy 5.4:Evaluate opportunities to develop new housing closer to downtown and
commercial centers to reduce dependence on automobiles for transportation.
The Oregon Statewide Planning System requires all cities and counties in Oregon to
address Statewide Planning Goal 9 Economic Development. Goal 9 requires cities and
counties to provide an adequate land supply for economic development and employment
growth.Chapter VII Economy of the Ashland Comprehensive Planand the 2007
Economic Opportunity Analysis (EOA) address the Goal 9 requirements.
Oregon Administrative Rule (OAR) 660 Division 9 implements Goal 9 and provides two
options for land use code and comprehensive plan amendments. The firstoption in OAR
660-009-0010(3)allows local jurisdictions to make amendments by relyingon existing
plans if findings can be made that there are no significant changes in economic
development opportunities based on new information about national, state, regional,
count and local trends.
The second option in OAR 660-009-0010(4) requires changes to the designation of land
in excess of two acres from an employment use designation to any other use designation.
Under this provision,a city or county must show the amendment is consistent with the
comprehensive plan and existing EOA. If the proposed amendment can’t be supported by
the adopted comprehensive plan and EOA, OAR 660-009-0010(4) requires an update the
comprehensive plan and/or EOA.
AfterresearchingtheGoal9requirementsandspeakingtotheOregonDepartmentof
LandConservation(DLCD),staffbelievestheanalysisperformedbyFregonese
AssociatescanbeusedtoaddressOAR660-009-0010(3)fortheproposedcode
amendmentstoincreasetheallowanceforresidentialusesfrom35to65percentofthe
groundfloorinmulti-story,mixed-usebuildingsanddevelopmentslocatedintheC-1and
E-1zonesandoutsideoftheDowntownDesignStandardsoverlay.
With assistance from Fregonese Associates, staff researched and assessedthe rate of
employment land consumption and the growth rate in number of jobs in Ashland since
the adoption of the 2007 EOA.Fregonese and Associates analyzed the buildable lands
data,building permits issued,and Ashland’s employment datain the last 10 years and
found there is sufficient C-1 and E-1 land for future employment needs. Specific items in
the data analysis include the following.
ThelandconsumptionrateintheC-1andE-1zonesisrelativelylowwithan
averageof2acresperyearusedforthelast8years.
Ofthe50buildingpermitsthatwereissuedforcommercialdevelopmentinthe
last10years,26permitswereinlocatedintheC-1andE-1zonesandtheother
24permitswerelocatedintheC-1-Dzone(Downtown)orwerepublicprojects
suchasSOUandAshlandSchoolDistrictprojects.
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The2007EconomicOpportunityAnalysis(EOA)forecastedmore
employmentgrowththanhasoccurredoverthelast14years.TheEOA
projected15,220jobsby2027,including10,654jobsinretailandservices.
Stateemploymentdatashowsatotalof10,237jobsintheAshlandUrban
GrowthBoundaryin2019.
TheEOAdeterminedthat30%oftheemploymentgrowthwouldnotrequire
consumptionofvacantland.
Currently,approximately20%ofthejobsareinresidentialzones.
Asproposedintheordinanceamendments,atleast35%ofthegroundfloormustbeuses
asapermittedorspecialpermitted(commercial)use,oralternativelyasCommercial
ReadySpacethatcouldbeusedasincomerestrictedaffordablerentalhousing.In2021
theOregonLegislatureapprovedSenateBill8whichrestrictslocalgovernmentsfrom
denyingorlimitingtheapprovalofaffordablehousingapplicationsinanumberof
circumstancesincludingwhenthepropertyiszonedforcommercialuses.Byproviding
anoptionforthedevelopmentofCommercialReadySpaceonthegroundfloorofmixed-
usebuildings,thatcanbeusedasaffordablerentalhousingrestrictedtohouseholdswith
incomesat80%AMI,theamendmentsproposedcreateapathforthecitytoapproveof
theuseofvacantcommercialfloorareaasneededaffordablehousingwithintheC-1and
E-1zones.
C.ProjectBackground
ThePlanningCommission,atthestudysessionmeetingonDecember22,2020evaluated
aproposalfrommembersoftheprivatedevelopmentcommunitythatsuggestedthatthere
isasurplusofcommercialspacethatcouldbeusedtoprovidehousingunits.The
concernsraisedincludedthedecreaseddemandforcommercialspaceduetoecommerce
andthepandemicwhilehousingdemandcontinuestoincrease,particularlyafterthe
Almedafire.Theprivatedevelopmentrepresentativessuggestedamendingthelanduse
codetoallowthetemporaryuseofgroundfloorcommercialspacetobeusedforhousing
unitsandrequiringthebuildingstobeconstructedtocommercialbuildingcodestandards
sothespacecouldbeconvertedinthefutureshoulddemandforcommercialspacereturn.
TheCityCouncilinitiatedtheprojectattheMarch16,2021businessmeeting.
Specifically,theCouncildirectedstafftoworkwiththePlanningCommissiontoevaluate
thedraftcodelanguagepreparedbyprivatedevelopmentrepresentatives(KDAHomes),
andproposeamendmentstothelanduseordinancewhichwouldprovidetheflexibilityto
temporarilyusethegroundfloorofcommercialbuildingsforhousing.
ThePlanningCommissionreviewedanddiscussedtheproposedcodeamendmentproject
attheJune22,2021,August24,2021,October26,2021andNovember23,2021study
sessionmeetings.ThePlanningCommissionheldapublichearingonDecember14,
2021,andrecommendedapprovalofthepriordraftoftheordinanceamendingAMC
Title18LandUse.TheCityCouncilreviewedtheproposedlandusecodeamendments
atapublichearingonFebruary1,2022anddidnotapprovefirstreadingoftheordinance
atthattime.
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Currently,atleast65percentofthegroundfloorofbuildingsinthecommercial(C-1)and
employment(E-1)zonesisrequiredtobecommercialandlightindustrialuses.Theremaining35
percentofthegroundfloorcanbeusedforresidentialdwellingsaswell100percentoftheupper
storiesinmulti-storybuildings.Theexceptionsare:
1)intheTransitTriangle(TT)overlay,aminimumof35percentofthegroundflooris
requiredtobeusedforcommercialandlightindustrialusesand
2)inthecommercialareaoftheNorthMountainNeighborhoodDistrict,thegroundfloor
canbeusedentirelyforhousingbutmustbebuilttocommercialbuildingcodestandards
sothatthespacecanbeconvertedtocommercialusesinthefuture.
In1992,thelandusecodewasamendedtoeliminateentirelyresidentialbuildingsasanallowed
useintheC-1andE-1zones(Ord.2688).Thecurrentstandardofrequiring65percentofthe
groundfloorincommercialorlightindustrialuseswasputinplaceatthattime,aswellas
residentialdensitiesforeachofthezones.Priorto1992,residentialbuildingscomprisedentirely
ofhousingunitscouldbebuiltintheC-1andE-1zoneswiththeapprovalofaconditionaluse
permit.The1992codeupdatewasinpartduetoconcernaboutconstructionofresidential
buildingsnearthedowntownandlossoffuturecommercialspace.
II.Procedural
18.5.9.020ApplicabilityandReviewProcedure
ApplicationsforPlanAmendmentsandZoneChangesareasfollows:
B.TypeIII.
Itmaybenecessaryfromtimetotimetomakelegislativeamendmentsinorderto
conformwiththeComprehensivePlanortomeetotherchangesincircumstancesor
conditions.TheTypeIIIprocedureappliestothecreation,revision,orlarge-scale
implementationofpublicpolicyrequiringCityCouncilapprovalandenactmentofan
ordinance;thisincludesadoptionofregulations,zonechangesforlargeareas,zone
changesrequiringcomprehensiveplanamendment,comprehensiveplanmaportext
amendment,annexations(seechapter18.5.8forannexationinformation),andurbangrowth
boundaryamendments.ThefollowingplanningactionsshallbesubjecttotheTypeIII
procedure.
1.ZonechangesoramendmentstotheZoningMaporotherofficialmaps,exceptwhere
minoramendmentsorcorrectionsmaybeprocessedthroughtheTypeIIprocedure
pursuanttosubsection18.5.9.020.A,above.
2.ComprehensivePlanchanges,includingtextandmapchangesorchangestoother
officialmaps.
3.LandUseOrdinanceamendments.
4.UrbanGrowthBoundaryamendments.
III.ConclusionsandRecommendations
StaffrecommendsthePlanningCommissionrecommendapprovaloftheproposedamendments
totheCityCouncil.
TheproposedamendmentsarescheduledforapublichearingandfirstreadingattheCity
th
CouncilonNovember15,andforsecondreadingonDecember6,2022.
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DRAFT–9/27/2022
1
ORDINANCE NO.3205
2
3
AN ORDINANCE AMENDING CHAPTERS 18.2.3, 18.2.6 AND 18.3.13OF THE
4
ASHLAND LAND USE ORDINANCE REGARDING ALLOWANCES FOR
5
6RESIDENTIAL USES IN MIXED-USE BUILDINGS AND DEVELOPMENTS IN THE
COMMERCIAL AND EMPLOYMENT ZONES.
7
8
9
deletionsadditions
Annotated to show and to the code sections being modified. Deletions
10
boldlined throughbold underline
are and additions are in .
11
12
WHEREAS
, Article 2. Section 1 of the Ashland City Charter provides:
13
Powers of the CityThe City shall have all powers which the constitutions, statutes, and
14
common law of the United States and of this State expressly or impliedly grant or allow
15
municipalities, as fully as though this Charter specifically enumerated each of those
16
powers,as well as all powers not inconsistent with the foregoing; and, in addition thereto,
17
shall possess all powers hereinafter specifically granted. All the authority thereof shall
18
have perpetual succession.; and
19
20
WHEREAS,
the above referenced grant of powerhas been interpreted as affording all legislative
21
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
22
International Ass’n of Firefighters, Local 1660, Beaverton Shop20 Or. App. 293; 531 P 2d 730,
23
734 (1975).; and
24
25
WHEREAS
,beginning in early 2020, the COVID-19pandemicresulted in the closure of
26
businesses throughout the United States and a shift to conducting operations remotely and
27
electronically, thereby temporarily resulting in a decreasedneed foroffice and commercial
28
space; and
29
30
19
ORDINANCE NO. 3205Page of
WHEREAS
1,less demand for office space is expected to continue as some companies move to
2smaller offices and use work from home and hybrid arrangements.;and
3
WHEREAS
4,prior to 2020, there was a decline in construction of large retail buildings in the
5U.S. and the e-commerce share of the retail market was increasing nationally. The COVID-19
6
pandemicresulted in an even greater shift to online retail purchases.; and
7
WHEREAS,
8the City of Ashland is required to perform a housing capacity analysis every eight
9
years as required by ORS 197.296 and OAR 660-0008-0045. House Bill 2003 passed in the 2019
10Oregon legislative session and amended the previously mentioned state laws and rules to require
11cities in Oregon to perform the housing capacity analysis and housing production strategy.; and
12
13WHEREAS,
the Ashland City Council adopted the 2021-2041 Housing Capacity Analysis
14
(HCA) on August 17, 2021 as a technical report and supporting document to the Ashland
15ComprehensivePlan. The HCA provides a number of recommended policy changes to address
16Ashland’s unmethousing needs includingincreasing the allowance for residential dwellings in
17
commercialand employment zones and developing new housing closer to downtownand
18
commercial centers to reduce dependencyonautomobilesfortransportation.; and
19
WHEREAS
20,the Almeda wildfire increased the regional need for affordable housing by
21
destroying about 2,549 dwellings in September 2020. The Almeda fire burned from north
22
Ashland to just south of Medford, with the cities of Phoenix and Talent losing the majority of
23housing. The HCA recognizedthat thelossesdue to the Almeda fireincreased regional need for
24affordable housing and overall pressure on the Ashland housing market.; and
25
26WHEREAS
, amendments to the allowances for housing in the commercial and employment
27zonesare neededto provide more flexibility in thecommercial andemployment zones to
28respond to fluctuations and changes in the economy and demand for housing.; and
29
30
29
ORDINANCE NO. 3205Page of
WHEREAS
1,the City of Ashland Planning Commission conducted on December 14, 2021and
2September 27, 2022, duly advertised public hearingson amendments tothe Ashland Land Use
3Ordinance concerning the standards relating to annexations, and following deliberations
4recommended approval of the amendments.;and
5
6WHEREAS
,the City Council of the City of Ashland conducted duly advertised public hearings
7on the above-referenced amendments February1, 2021and November 15, 2022.; and
8
9WHEREAS
, the City Council of the City of Ashland, following the close of the public hearing
10and record, deliberated and conducted first and second readings approving adoption of the
11Ordinance in accordance with Article 10 of the Ashland City Charter.; and
12
13WHEREAS
, the City Council of the City of Ashland has determined that in order to protect and
14
benefit the health, safety and welfare of existing and future residents of theCity, it is necessary to
15amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate
16factual base exists for the amendments, the amendments are consistent with the comprehensive
17
plan and that such amendments are fully supported by the record of this proceeding.
18
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
19
20
21SECTION 1.The above recitations are true and correct and are incorporated herein by this
22reference.
23
SECTION2.
Section18.2.3.130\[DwellingsinNon-ResidentialZones–SpecialUseStandards\]
24
oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
25
26
18.2.3.130Dwellingsin Non-Residential Zones
27
Where dwellings are allowed in non-residential zones, they are subject to all of the following
28
requirements.
29
A.Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13Residential
30
Overlay.
39
ORDINANCE NO. 3205Page of
1 B.Dwellingsin the E-1 and C-1 zones shall meet all of the following standards, except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
2
subsection 18.2.3.130.B, below. See section 18.3.14.040 for the allowed uses in the TT
3
overlay.
Mixed-Use Developments Outside of the Downtown Design Standards Overlay.If
1.
4
there is one building on a site, ground floor residential uses shall occupy not
5
more than 35 percent of the gross floor area of the ground floor. Where more than
one building is located on a site, not more than 50 percent of the total lot area
6
shall be designated for residential uses. At least 65 percent of the gross floor
7
area of the ground floor shall be designated for permitted uses and uses
permitted with special use standards, not including residential uses.
8
a.This subsection, 18.2.3.130.B.1,applies to mixed-use
Applicability.
9
buildings or developments that meet all of the following requirements.
10
i.Location. The mixed-use building or development shall be located outside
11
of the Downtown Design Standards overlay.
12
ii.Lot Size. The mixed-use building or development shall be located on a lot
that is less than 10 acres in size. Mixed-use developments located on lots
13
10 acres in size and greater shall be subject to the requirements of
14
subsection 18.2.3.130.B.2, below.
15
ii.Building Height. The mixed-use building shall be two or more stories in
height. Mixed-use buildings that are one story in height are subject to the
16
requirements of subsection 18.2.3.130.B.2, below.
17
b.
Gross Floor Area.
18
i.One Building.When a planning application is limited to one building,
19
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
20
shall be designated for permitted uses and uses permitted with special use
21
standards not including residential uses,or as Commercial Ready
Residential Spaceconsistent with 18.2.3.130.B.1.c below.
22
ii.More Than One Building.When a planning application includes more than
23
one building, the equivalent of at least 35 percent of the gross floor area of
24
the ground floor shall be designated for permitted uses and uses permitted
with special use standards not including residential uses, or as
25
Commercial Ready Residential Space consistent with 18.2.3.130.B.1.c
26
below.
27
c.
Commercial Ready Residential Space.Gross floor areadesignated as
commercialready residential space shall be in compliance with the following:
28
i.Residential uses provided within the designated commercial ready
29
residential spaceshall be limited to rental unitsaffordable to households
earning80% Area Median Income consistent with the requirementsof the
30
Ashland Affordable Housing Program including household income
verificationand maximum rental amounts.
49
ORDINANCE NO. 3205Page of
ii. An Agreement shall be executed with the City, or a deed restriction shall be
1
recorded on the property, which stipulatesthat the CommercialReady
2
Residential Space shall not be used as market rate rental housing or sold
as a residential unit.
3
iii.If residential uses are provided immediately above the ground floor level
4
(i.e., second floor residential), horizontal occupancy separation must be
provided to accommodate future commercial occupancies as required by
5
the building codeat the time of construction.
6
d.Residential uses shall be subject to the same setback, landscaping, and
7
design standards as for permitted uses in the underlying zone.
8
Mixed Use Developments Inside the Downtown Design Standards Overlay, Large
2.
9
Lots and One-Story Mixed-Use Buildings.Residential densities shall not exceed 15
dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C-1 zone,
10
and 60 dwelling units per acre in the C-1-D zone. For the purpose of density
11
calculations, units of less than 500 square feet of gross habitable floor area shall
count as 0.75 of a unit.
12
a.This subsection, 18.2.3.130.B.2, applies to mixed-use buildings
Applicability.
13
and developmentslocated in the Downtown Design Standards Overlay. In
14
addition, this subsection applies to mixed-use buildings and developments
located on lots that are 10 acresand greaterin size andto one-story mixed-use
15
buildings, whether the lot or building is located inside or outside the
16
Downtown Design Standards overlay.
17
i.Location. Mixed-use buildings and developments located in the Downtown
Design Standard overlay shall be subject to the requirements of this
18
subsection.
19
ii.Lot Size. Mixed-use buildings and developments located on lots 10 acres
20
and greater in size shall be subject to the requirements of this subsection.
21
iii.Building Height. Mixed-use buildings that are one story in height shall be
subject to this subsection.
22
b.
Gross Floor Area.
23
i. One Building. When a planning application is limited to one building,
24
residential uses may occupy up to 35percent of the gross floor area of the
25 ground floor. At least 65percent of the gross floor area of the ground floor
shall be designated for permitted uses and uses permitted with special use
26
standards, not including residential uses.
27
ii. More Than One Building. When a planning application includes more than
one building, the equivalent of at least 65percent of the gross floor area of
28
the ground floor for all buildings shall be designated for permitted uses and
29
uses permitted with special use standards, not including residential uses.
30
3.Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying zone.
59
ORDINANCE NO. 3205Page of
1 4.Off-street parking is notrequired for residential uses in the C-1-D zone.
5.For the purpose of density calculations, units of less than 500 square feet of gross
2
habitable floor area shall count as 0.75 of a unit.
3
4
SECTION 3.
Section 18.2.6.030 \[Unified Standards for Non-Residential Zones –Standards for
5
Non-Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as
6
follows:
7
Table 18.2.6.030 –Standards for Non-Residential Zones 1
8
(Except as modified under chapter 18.5.5Variances.)
9
StandardC-1C-1-DE-1M-1
10
1 30 du/ac60 du/ac15 du/acNA
Residential Density(dwelling
11
units/acre)
No Density No Density No Density
12
MaximumMaximumMaximum
1
where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13Residential Overlay).
13
For calculation ofthe affordable housing requirements provided in 18.5.8.050the base residential density of
C-1 shall beconsidered30du/ac,and E-1shall be considered 15 du/acre.
14
Lot Area, Width, DepthThere is no minimum lot area, width or depth, or maximum lot coverage; or
15
minimum front, side or rear yard, except as required to comply with the special
Lot Coverage
18.3or the site development and
district and overlay zone provisions of part
16
design standards of part 18.4.
There is no minimum front, side, or rear yard required, except
17
where buildings on the subject site abut a residential zone, in
which case a side of not less than 10 ft and a rear yard of not
18
less than 10 ft per story is required.
There is no
19
minimum front,
side, or rear
The solar setback standards of chapter 18.4.8do not apply to
20
yard, except
structures in the C-1-D zone.
Setback Yards (feet)
20 ft where
21
adjoining a
Except for buildings within 100 feet of a residential zone, the
residential
22
solar setback standards of chapter18.4.8do not apply to
zone.
structures in the C-1 zone.
23
See also section18.2.4.030Arterial Street Setback.
24
40 ft, except:40 ft
25
-Buildings greater than 40 ft and less than 55 ft are
permitted in C-1-D zone with approval of a Conditional Use
26
2&31 & 2
Building Height–
Permit.
Maximum (feet)
-Where located more than 100 feet from a residential zone,
27
buildings greater than 40 ft and less than 55 ft are
permitted in C-1 zone with approval of a Conditional Use
28
Permit.
29
30
69
ORDINANCE NO. 3205Page of
1
1
Table 18.2.6.030 –Standards for Non-Residential Zones
2
(Except as modified under chapter 18.5.5Variances.)
3
StandardC-1C-1-DE-1M-1
4
21
See definition of “height of building” in section 18.6.1.030.
5
32
Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for
mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment
6
review process.
7
Landscape Area –MinimumNone, except
parking areas and
(% of developed lot area)
8
service stations
shall meet the
9
standards of
chapters18.4.3
15%15%10%
10
Parking, Access,
and Circulation,
11
18.4.4
and
Landscaping,
12
Lighting,and
Screening.
13
SECTION4.
Section18.3.13.010\[ResidentialOverlayRegulations–ResidentialOverlay\]of
14
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
15
16
18.3.13.010Residential Overlay Regulations
17
A.Purpose.
The Residential overlay is intended to encourage a concentration and mix of
businesses and housing that provides a variety of housing types, supports resource and
18
energy conservation, and promotes walking, bicycling, and transit use.
19
B.Applicability.
The Residential overlay applies to all property where ‘Residential Overlay’ (R)
20
is indicated on the Zoning map.
C.Requirements. TheDwellings in the requirements are as
Residential overlay
21
followsshall meet the applicable standards in section 18.2.3.130, except that
22
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
subsection 18.3.13.010 C, below. See section 18.3.14.040 for the allowed uses in the
23
TT overlayor 18.3.14.040 for the TT overlay
.
24
1.Mixed-Use Developments. If there is one building on a site, ground floor
25
residential uses shall occupy not more than 35 percent of the gross floor area of
the ground floor. Where more than one building is located on a site, not more than
26
50 percent of the total lot area shall be designated for residential uses. At least 65
27
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
28
residential uses.
29
2.Residential densities shall not exceed 15 dwelling units per acre. For the purpose
30
of density calculations, units of less than 500 square feet of gross habitable floor
area shall count as 0.75 of a unit.
79
ORDINANCE NO. 3205Page of
3.Residential uses shall be subject to the same setback, landscaping, and design
1
standards as for permitted uses in the E-1 District.
2
3
SECTION5.
Section18.6.1\[Definitions\]oftheAshlandLandUseOrdinanceishereby
4
amendedtoincludethefollowingdefinitionwhichreadsasfollows:
5
18.6.1.030-Definitions
6
CommercialReadySpace.Groundfloorareawithinamixed-usebuildingthatis
7
designedtoaccommodatecommercialusesincompliancewithapplicabledesign
8
andbuildingcodestandards.CommercialReadySpaceprovidestheflexibilityof
9
occupyingaspacewithcommercialusesandallowingtheuseinsuchspaceto
10
changetoaffordablerentalhousinginaccordancewiththeAshlandAffordable
11
HousingProgram.
12
13
SECTION6.Codification.
Inpreparingthisordinanceforpublicationanddistribution,theCity
14
Recordershallnotalterthesense,meaning,effect,orsubstanceoftheordinance,butwithinsuch
15
limitations,may:
16
(a)
Renumbersectionsandpartsofsectionsoftheordinance;
17
(b)
Rearrangesections;
18
(c)
Changereferencenumberstoagreewithrenumberedchapters,sectionsorotherparts;
19
(d)
Deletereferencestorepealedsections;
20
(e)
Substitutethepropersubsection,section,orchapternumbers;
21
(f)
Changecapitalizationandspellingforthepurposeofuniformity;
22
(g)
Addheadingsforpurposesofgroupinglikesectionstogetherforeaseofreference;and
23
(h)
Correctmanifestclerical,grammatical,ortypographicalerrors.
24
25
SECTION7.Severability.
Eachsectionofthisordinance,andanypartthereof,isseverable,
26
andifanypartofthisordinanceisheldinvalidbyacourtofcompetentjurisdiction,the
27
remainderofthisordinanceshallremaininfullforceandeffect.
28
29
30
89
ORDINANCE NO. 3205Page of
1The foregoing ordinance was first read by title only in accordance with Article X,
th
Section 2(C) of the City Charter on the ___day of _________, 2022,
2
th
and duly PASSED and ADOPTED this ___day of _________, 2022,
3
4
_______________________________
5
Melissa Huhtala, City Recorder
6
SIGNED and APPROVEDthis ___ day of _________, 2022.
7
8
________________________________
9
Julie Akins, Mayor
10
Reviewed as to form:
11
12
_______________________________
13
Douglas McGeary, Acting City Attorney
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
99
ORDINANCE NO. 3205Page of
_________________________________
Memo
DATE:
September 27, 2022
TO:
Ashland Planning Commission
FROM:
Derek Severson, Senior Planner
RE:
Study Session Discussion of Food Truckand Food Cart Code Language
At the September 13, 2022 regular meeting, the Planning Commission initiated a land use ordinance
amendment related to food trucks and food carts.
As has been previously discussed, despite food vendors and space for outdoor eating being requisite
elements in the Detail Site Review Zone’s Plaza Space Standardsin AMC 18.4.2.040.D.2.c.vi, food trucks
have typically been looked at either in terms of the short-term event allowances or as temporary seasonal
uses requiring a Type I Conditional Use Permit. In addition to serving as an incubator for restauranteurs
to make a more affordable entry into the business without a bricks-and-mortar investment, food trucks can
enliven and activate a spaceand during the pandemic provided an affordable outdoor dining option in
many communities. The current treatment of food trucks in Ashland as a Type I Conditional Use Permit
resultsin an application process that in terms of both fees and timeframe canpose a barrier to many food
truck owners.
Initial draft code language is included below which would provide more options for food truck owners
interested in operating in Ashland. The code language proposed would:
1.Change the allowances for temporary uses under a short-term event permit from no more than once
per yearto no more than once per month.
2.Food vendors and space for outdoor eating are requisite elementswhere plaza spaceis required in
the Detail Site Review zone. As such, it could be made an administrative policy that any property
in the Detail Site Review Zone that can accommodate food vendors and outdoor eating spaces in
their existing plaza space without physical alteration of the space (other thanextension of utilities)
coulddo so without separate land use approval. The basis for this change is in not requiring a
Conditional Use Permit for something that is already arequired element for plaza space within the
Detail Site Review zone. As an example, the OSF Bricks could accommodate a food truck or cart
without alteration and would be allowed under the proposed amended language.
2.Staff are also proposing toallowfoodtrucksand/oroutdooreatingspaceinexistingparkinglots
incommercialzoneswithoverfivespaces,exceptincaseswheretheparkinglotisalreadysubject
toamixeduseorjointusecredit.Upto20percentofrequiredparkingspacescouldbeusedfor
foodtrucksasanoutrightpermittedusewithoutarequirementforlanduseapproval.
Inbothcases,signagecouldbelimitedtowhatwasonthetruckitselfandoneportableA-framesignthat
couldbeplacedoutsideoftheright-of-waywhilethefoodtruckwasoperation,andthefoodtruckoperator
Department of Community DevelopmentTel: 541-488-5305
51 Winburn WayFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
wouldneedtoobtainaministerialfoodtruckpermitaswellasabusinesslicense,registerforandpay
foodandbeveragetax,andobtainanyrequiredinspectionsfromtheBuilding,FireandtheHealth
Departments.
Aswritten,nomorethanthreefoodtrucksorcartscouldbeapprovedonapropertythroughaministerial
permit.Fourormoretrucks(a“pod”)onasinglepropertyor the operation of food trucks and food carts
on private property outside of existing parking areas or plaza spacewouldrequireSiteDesignReview
approval.Theproposedlanguagewouldnotpermitfoodtruckswithinpublicrights-of-way,public
parkinglotsorparks.Asproposed,ministerially-approvedfoodtrucksorcartscouldnotremaininplace
formorethanfiveconsecutivedaysandcouldnotbeconnectedtoutilitiesotherthanelectric,andassuch
wouldnotbesubjecttosystemdevelopmentcharges.
Staffarelookingforanyfeedbackontheseproposedamendments,oranyfurthersuggestionsfromthe
Commission,beforeschedulingahearingonthisitem.
Department of Community DevelopmentTel: 541-488-5305
51 Winburn WayFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
Food Trucks & Food Carts
18.2.2.030.E. Food Trucks and Food Carts.Special Permitted Use in C-1,C-1-D, E-1 and M-1
subject to standards in 18.2.3.145
18.2.2.030.H.Temporary Uses.
Temporary uses require a conditional use permit under chapter18.5.4,
except as follows:
1.Short-Term Events.The Staff Advisor may approve through ministerial review short-term temporary
once in a calendar yearnot more than once per month
uses occurring and lasting not more than 72
hours including set-up and take-down. Activities such as races, parades, and festivals that occur on public
property (e.g., street rights-of-way, parks, sidewalks, or other public grounds) require a special event
permit pursuant to chapter13.03.
2.Garage Sales.Garage sales shall have a duration of not more than two days and shall not occur more
than twice within any 365-day period. Such activity shall not be accompanied by any off-premises
advertisement. For the purpose of this chapter, garage sales meeting the requirements of this subsection
shall not be considered a commercial activity.
3.Temporary Buildings.Temporary occupancy of a manufactured housing unit or similar structure may
be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building
Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit
shall not be renewable within a six-month period beginning at the first date of issuance, except with
approval of the Staff Advisor.
AMC 18.2.3.145 Food Trucks and Food Carts.
Where food trucks and food carts are allowed they are subject to the following requirements.
A.Within the Detail Site Review overlay zoneas described in AMC 18.4.2.040.C, outdoor eating
areas and food vendors are among the required elements of the Detail Site Review Plaza
Space Standards(AMC 18.4.2.040.D.2). Where food trucks or food carts and associated
outdoor eating areas can operate within existing plaza space without alteration of the existing
site plan, a food vendor must obtain a ministerial Food Truck Permit but no further land
use approval is required.
B.Within the C-1, C-1-D, E-1 and M-1 zones, food trucks and food carts may operate within
existing private parking lots where there are at least five off-street parking spacesin place,
the existing approval did not include mixed use or joint use parking credits, and no more
than 20 percent of the required off-street parking spaces areproposed to be used by food
trucks and food carts. Food truck or cart placement and associated accessory items shall not
interfere with vehicular or pedestrian circulation on site. A food vendor must obtain a
ministerial Food Truck Permit but no further land use approval is required.
C.No more than three food trucks or food carts may be approved on a single property through
ministerial review.
Department of Community DevelopmentTel: 541-488-5305
51 Winburn WayFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
D.Food truck courts or pods, or the operation of food trucks and food carts on private
property outside of existing parking areas or plaza space, require Site Design Review
approval under chapter 18.5.2.
E.Short-term operation of a food truck or food cart outside of the parameters of A-Babove
may be permitted as a short-term event pursuant to AMC 18.2.2.030.H.1.
F.Ministerially-approved food trucks and food carts are not permitted to operate within public
rights-of-way.
G.Food truck vendors shall obtain a business license, food truck permit, register for and pay
applicable food and beverage tax, and receive any requisite inspections from the Building
and Fire Departments and the Jackson County Environmental Public Health Department.
H.Utilities. Food Truck Vendors must provide their own water. Wastewater must be disposed
of in an approved location. Connections to temporary power are permitted. If generators
are used, they shall comply with the noise regulations in Chapter 9.08.
I.Signage. Signage shall be limited to any signage on the food truck or cart and one portable
business sign (sandwich board or A-frame) which shall be removed when the food truck or
cart is not in operation. Portable business signs shall not be placed within the public rights-
of-way.
J.Trash and Recycling. Food truck vendors shall provide trash and recycling containers
within ten feet of the truck or cart during operations, and any trash related to the food
vendor within 50 feet not placed in the containers shall be removed by the vendor at the end
of the day. Trash and recycling containers shall be removed from the premises when the
food truck is not in operation.
K.Duration. A food truck shall not remain on a property for more than five consecutive days.
L.Polystyrene Foam. Food truck vendors shall be subject to the prohibition on the use of
polystyrene foam food packaging in AMC 9.20.
Food Trucks & Carts = Special Permitted Use (“S”) in CM-NC, CM-CI, CM-OE and
18.3.2.040.B
CM-MU districtssubject to AMC 18.2.3.145.
Food Trucks & Carts = Special Permitted Use (“S”) in NN-1-3.5-C district subject to
18.3.4.040.B
AMC 18.2.3.145.
Food Trucks & Carts= Special Permitted Use (“S”) in NM-C districtsubject to
18.3.5.050.C
18.2.3.145.
18.6.1.030.F Definitions
Food Cart. A pushcart or mobile food unit which is designed to be readily movable, but is typically
not self-propelled by motor or pedal power, and which is temporarily located on a property to sell
food and beverages to the general public. The maximum size for a food cart is four-feet wide nine
feet long and four feet high. Food carts must be self-contained and designed to be movable by one
person.
Food Truck. A wheeled, motorized vehicle or trailer temporarily located on a property to sell
food and beverages to the general public. A food truck typically contains cooking facilities
where the food is also prepared.The exterior length and width of a food truck, when multiplied,
Department of Community DevelopmentTel: 541-488-5305
51 Winburn WayFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us
shall be no more than 170 square feet, excluding the trailer tongue and bumper. Up to an additional
170 square feet is allowed for outdoor equipment.
Food Truck Court or Food Truck Pod. Four or more food trucks or food carts operating on the
same property.
Food Truck Vendor. The operator who sells, cooks and servesfoodor beverages from afood
truckor food cart.
Department of Community DevelopmentTel: 541-488-5305
51 Winburn WayFax: 541-552-2050
Ashland, Oregon 97520TTY: 800-735-2900
www.ashland.or.us