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HomeMy WebLinkAbout2022-09-27 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please fill out a Speaker Request Form and place it in the Speaker Request Box by staff. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public 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. PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage1of6 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). PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage2of6 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. PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage3of6 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. PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage4of6 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. PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage5of6 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. PlanningActionPA-L-2021-00013AshlandPlanningDivision– StaffReportAddendumSept27,2022 Applicant:CityofAshlandPage6of6 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