HomeMy WebLinkAbout2011-10-25 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
OCTOBER 25, 2011
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. UNFINISHED BUSINESS
A. Approval of Planning Commission’s Recommendation for PA-2011-01174, Pedestrian Places.
B. Approval of Planning Commission’s Recommendation for PA-2011-01175, Wireless
Communication Facilities.
III. NEW BUSINESS
A. Discussion and request for Council to initiate an ordinance amendment that would reduce
Planning Commission membership from 9 to 7.
IV. DISCUSSION ITEMS
A. Consider initiation of possible code amendments to:
Establish standards and height allowances for deer fencing;
1.
Permit greater flexibility for the keeping of poultry on property within the city limits;
2.
Modify setback requirements related to the installation of rain water harvesting equipment
3.
within the side or rear yard area; and
Increase the allowance for the extension of roof eaves into setback areas (i.e. required yard
4.
areas).
Adjust standards for installation of solar collection systems on Commercial and
5.
Employment land within a Historic District.
B.Staff Report Content
V. 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).
Memo
DATE: 10/21/2011
TO: Planning Commission
FROM: Bill Molnar, Community Development Director
th
RE: Summary of October 25, 2011 Special Meeting Agenda Items
Unfinished Business
The Commission is asked to adopt their recommendation with respect to the two legislative amendments
deliberated upon at their last meeting – Pedestrian Places and Wireless Communication Ordinance. A
st
public hearing and 1 reading of an ordinance adopting these code amendments is scheduled before the
City Council on November 1, 2011.
New Business
Commission members have informally discussed potentially reducing the Planning Commission from 9
to 7 members. Currently, there are three open positions on the Commission. A proposed code
amendment before the Council clarifying quorum requirements is anticipated to pass second reading and
th
become effective by November 18, 2011. The change states that “a meeting quorum shall consist of
more than one-half of the total number of authorized members of the body, including any vacant
positions.” This could make it a challenge to consistently ensure that five of the current six members are
present to conduct official business.
Staff conducted some background research on the origin of the Ashland Planning Commission and
surveyed planning commission membership of a limited number of Oregon cities. The Ashland Planning
Commission was created in 1934 and was established as a 7 member commission (plus 3 ex officio staff
members). The Commission functioned with 7 citizen members until 1972 when it was amended to 9
members. The minutes from that 1972 Council meeting are very brief, but there is a statement from City
Administrator, Brian Almquist, that notes “the proposed ordinance is in harmony with State laws which
are very specific about numbers, duties, etc.” However, current Oregon State Law regarding City
Planning Commission makeup (ORS 227.030) does not have a requirement for the number of members,
and only states that “no more than two voting members may engage principally in the buying, selling or
developing of real estate for profit…”
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Should the Commission wish for the Council to reduce the number of Commission members to seven,
staff would recommend that the request be made in the form of a motion. Staff would then ask that the
Council Liaison to the Planning Commission present the item to the Council and request they initiate the
code change.
A quick search of other Planning Commissions in Oregon yielded the following results:
Medford: 9 members
Corvallis: 9 members
Eugene: 7 members
Bend: 7 members
Springfield: 7 members:
Salem: 7 members
Beaverton: 7 members
Hillsboro: 7 members
Discussion Items
Initiation of Possible Code Changes
Current Council goals focus on the local economy, environment and social equity, as well as municipal
organization and public infrastructure. Over the last several months, staff has compiled a list of potential
minor code changes. These are intended to remove barriers and encourage building and land use
practices that save energy and water, and increase opportunities for local food production.
Staff has identified four areas of potential code changes for Commission discussion. Each appears to
have widespread interest from homeowners, the public at large and individuals working in the local
building trades. With relatively minor code revisions, staff believes property owners can have more
flexibility to pursue actions that increase local food production (e.g. deer fencing & keeping of poultry),
decrease water consumption (e.g. harvest rainwater) and reduce energy consumption by lessoning heat
gains (e.g. greater allowance for roof eaves) and address potential impediments to solar collection
installation (e.g. installation in Historic Districts).
Staff would also like to discuss some possible revisions to some of the zoning regulations for rooftop
solar energy systems that have regulated how one installs solar photo voltaic, or solar hot water panels,
on commercial, multifamily or single family developments. These changes would bring Ashland into
alignment with Oregon House Bill 3516, adopted in 2011. HB Bill 3516 established that installation and
use of solar photovoltaic energy systems or solar thermal energy systems on residential or commercial
buildings shall be an outright permitted use in any zone where such structures are an allowed use.
Ordinance amendments presented to the Planning Commission and Council for review would allow
solar energy systems to be installed without a land use review if the footprint of the structure isn't
enlarged, the peak height of the roof is not increased, and the system is parallel to the slope of the roof.
The City does have the latitude under the new State law to further regulate installation of solar systems
on historic properties within our designated Historic Districts. Ordinance amendments would be
developed by the City with the intention promoting the installation of solar energy systems in
consideration of preserving Ashland’s historic character.
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Staff Report Content
Staff would like to find out from the Commission if the current staff report style and format provides the
necessary information for the Commission to make effective decisions. It is common for staff reports
written by Oregon planners to incorporate essential information to ensure a defensible decision under
State Law. This generally includes a statement of applicable approval criteria, identification of relevant
facts, the application of the facts to the criteria and a recommendation. Staff has amended the format
over the past year to include pertinent dates and decision deadlines. Due to the global recession, Ashland
like most cities has seen a significant drop in the number of planning application. This presents the
opportunity to have an informal discussion about potential staff report format and content changes. In
preparation for the discussion, the Commission might want to consider some of the following questions:
Does the staff report clearly describe the applicant’s request in plain understandable language?
Have the key issues and impacts been identified?
Is the relationship between the facts and the relevant approval criteria evident?
Is the staff recommendation apparent and unambiguous?
Has the Commission been provided with more than one alternative?
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
UNFINISHED BUSINESS
BEFORE THE PLANNING COMMISSION
City of Ashland, Jackson County, Oregon
October 11, 2011
IN THE MATTER OF PLANNING ACTION #2011-01174, A REQUEST FOR )
A PROPOSAL TO AMEND THE ZONING MAP AND ASHLAND LAND USE )
ORDINANCE (ALUO) TO CREATE A PEDESTRIAN PLACE OVERLAY )
ZONE AND ACCOMPANYING ORDINANCE AMENDMENTS DESIGNED )
TO SUPPORT AND BUILD UNIQUE NEIGHBORHOOD CHARACTER BY )
RECOMMENDATION
PROMOTING CONCERNTRATIONS OF HOUSING AND BUSINESSES )
GROUPED IN A WAY TO SUPPORT MORE WALKING, BICYCLING AND )
TRANSIT USE. )
)
APPLICANT:
City of Ashland )
--------------------------------------------------------
RECITALS:
1) The application is to amend the Ashland Zoning Map to include a Pedestrian Place Overlay, to amend
the Ashland Land Use Ordinance (ALUO) to include a new Chapter 18.56 Overlay Zones, and to amend
the Site Design and Use Standards and chapters of the ALUO to implement the recommendations of the
Pedestrian Places Project. The three areas included in the Pedestrian Place Overlay surround the
intersections of N. Mountain Ave./E. Main St., Walker Ave./Ashland St. and Tolman Creek
Rd./Ashland St., and are shown on the Draft Pedestrian Place Overlay Areas map included with the
proposed ordinances. The Pedestrian Place Overlay Zone and accompanying ordinance amendments are
designed to support the development of small walkable nodes that provide concentrations of housing and
businesses grouped in a way to encourage more walking, cycling and transit use.
The requirements for a Legislative Amendment are described in 18.108.170 and 18.08.345 as
2)
follows:
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative
amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and
conditions. A legislative amendment is a legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property
owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its
earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council,
approval, disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty
days prior to the Commission meeting at which the proposal is to be first considered. The application shall be
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 1
accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of
the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment.
Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given
notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request, except the
Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of
circumstances warrant it.
SECTION 18.08.345. Legislative amendment.
An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning
map, comprehensive plan maps or other official maps including the street dedication map described in section
18.82.050, for land involving numerous parcels under diverse ownerships.
3) The Planning Commission, following proper public notice, held a public hearing on October 11, 2011, at
which time testimony was received and exhibits were presented. The Planning Commission held their
deliberations and recommended to the City Council approval of the proposed zoning map and land use
ordinance amendments.
Now, therefore, The Planning Commission of the City of Ashland recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to this recommendation, the attached index of exhibits, data, and
testimony will be used.
SECTION 2. RECOMMENDATION
2.1 The Planning Commission finds that it has received all information necessary to make a
recommendation based on the Staff Report, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the planning process made efforts to include a wide
range of people including neighbors, property owners, business owners, community groups, and the
general public, and to provide a variety of ways to learn about the project, participate in the plan
development and provide comments. Additionally, the Planning Commission finds that the public
hearing on October 11, 2011 was properly noticed in the newspaper in accordance with
18.108.170.D.
The planning process for the Pedestrian Places Project began in October 2010, and involved a
series of three public workshops (10/27/10, 12/9/10, 2/22/11), an on-line forum, key participant
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 2
meetings, and three Planning Commission study sessions (3/29/11, 8/23/11, 9/13/11). The
workshops and on-line forum used a three-step process where participants identified the qualities
that make a successful pedestrian place, developed vision statements for the three study areas,
and reviewed and revised plans illustrating an example of what development might look like in a
key location. The on-line forum (i.e. Open City Hall) coincided with the public workshops, and
was used to provide an opportunity for people to learn about the project and submit comments
without having to attend a public meeting. Individual meetings with key participants including
property owners and business owners were held during the public workshop process in October
2010, December 2010 and May 2011.
In advance of each of the public workshops, approximately 675 written notices were mailed to
property owners and business owners located within ½ mile radius of the three intersections
included in the project. Individual letters and phone invitations were directed to approximately
80 key participants including property and business owners inviting them to individual meetings.
Community notices for each workshop were advertised in the City Source and on RVTV. Flyers
were sent to local service groups (e.g. Chamber of Commerce, Rotary) and hand delivered to
businesses in core areas around the intersections. Email messages were sent to approximately 35
people from the public workshops and 47 participants from Open City Hall that signed up for
future announcements. The Ashland Daily Tidings published an article on the project in
December 2010, and the Planning Commission Chair participated in a Jefferson Exchange
interview to publicize the project. A project web page, www.ashland.or.us/pedplaces has been
maintained throughout the project, and includes the most recent draft materials, meeting
announcements, an Open City Hall link, an archive of meeting materials, the public meeting
schedule and contact information.
The public hearing at the Planning Commission on October 11, 2011 was noticed in the
newspaper as required in 18.108.170.D. Additionally, a “Measure 56” notice as required in ORS
227.186 for all legislative acts relating zoning was sent to 49 owners of property included in the
proposed Pedestrian Place Overlay. Finally, while not required by local or state law, written notices
of the Planning Commission and City Council public hearings were sent to the original mailing list
of 675 people, and email notices were sent to 82 individuals from the workshops and Open City
Hall.
2.3The Planning Commission recognizes that the City of Ashland is projected to grow by
approximately 3,250 residents by 2030, and by approximately 2,100 jobs by 2027. Furthermore,
the City Council reaffirmed the long-standing policy of accommodating growth within the
Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest
lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process. To
this end, the City of Ashland continues to look for ways to use land more efficiently for housing
and businesses in an effort to balance projected population and employment growth with the
community goal of retaining a district boundary and preventing sprawling development. The
Planning Commission’s efforts in the Pedestrian Places Project continue the community’s
tradition of integrating land use and transportation planning, and the recommended amendments
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 3
include sustainable development measures such as encouraging a mix and intensity of uses on
main travel corridors to support transit service and use and reducing carbon emissions by
planning for areas that will provide a variety of transportation options.
2.4 The Planning Commission finds the proposed zoning map and ordinance amendments are
designed to support the development of small walkable nodes that provide concentrations of
housing and businesses grouped in a way to encourage more walking, cycling and transit use.
The revisions are based on the recommendations from the report on the review of the zoning and
land use ordinance completed as part of the Pedestrian Places Project by Otak (memo dated
March 21, 2011). The Planning Commission finds that the proposed zoning map and ordinance
amendments are consistent with local land use goals and policies.
Chapter 18.108 allows for legislative amendments “in order to conform with the comprehensive
plan or to meet other changes in circumstances or conditions.” In planning for future Pedestrian
Places, the proposed amendments incoporate integrating community-wide needs, and creating
attractive and functional places for the people living in, working in, shopping and visiting the
pedestrian place areas. Community-wide needs include addressing the City’s long range land
use and transportation goals such as accommodating future population and employment growth,
making streets convenient, safe, accessible and attractive for all users, and promoting livability in
neighborhoods. A variety of Ashland Comprehensive Plan goals and policies, as detailed below,
support the proposed zoning map and ordinance amendments.
Economy
Goal
To ensure that the local economy increases in its health, and diversifies in the number,
type and size of businesses consistent with the local social needs, public service capability and
the retention of a high quality environment.
Policy 2)
The City shall design the Land Use Ordinance to provide for:
c) Specific development guidelines which will ensure that:
2) Development along Siskiyou Boulevard and Ashland Street will not primarily be
automobile-oriented, but will also include attractive landscaping and designs that
encourage pedestrian, bicycle, and mass transit forms of travel.
e) Commercial or employment zones where business and residential uses are mixed. This is
especially appropriate as buffers between residential and employment or commercial areas, and
in the Downtown
Housing
Goal
Ensure a variety of dwelling types and provide housing opportunities for the total cross-
section of Ashland’s population, consistent with preserving the character and appearance of the
city.
Policy 3)
Regulation of residential uses shall be designed to complement, conserve and continue
the aesthetic character of Ashland through use of the following techniques:
c) Performance standards shall be used to regulate new development in Ashland so that a
variety of housing types built on the site and imaginative residential environments may
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 4
be used to reduce cost and improve the aesthetic character of new developments and
decrease the use of traditional zoning and subdivision standards.
Transportation
Street System Goal.
To provide all citizens with safe and convenient transportation while
reinforcing the recognition of public rights-of-way as critical public spaces.
Policy 1)
Provide zoning that allows for a mix of land uses and traditional neighborhood
development, which promotes walking and bicycling.
Policy 4)
Enhance the streetscape by code changes specific placement of critical design
elements such a but not limited to windows, doorways, sigs and planting strips.
Policy 7)
Design the Land Use Ordinance to ensure Ashland Street is developed as a
multi-modal corridor including attractive landscaping, sidewalks, bike lanes and
controlled access. Development along Ashland Street shall be compatible with and
support a multi-modal orientation.
Pedestrian and Bicycle Goal I.
To provide all citizens with safe and convenient transportation
while reinforcing the recognition of public rights-of-way as critical public spaces.
Policy 8)
Require sidewalks and pedestrian access in all developments.
Policy 15)
Pedestrian traffic should be separated from auto traffic on streets and in
parking lots.
Pedestrian and Bicycle Goal III.
Emphasize environments which enhance pedestrian and
bicycle usage.
Policy 1)
Maintain and improve Ashland’s compact urban form to allow maximum
pedestrian and bicycle travel.
Public Transit Goal.
To create a public transportation system that is linked to pedestrian,
bicycle and motor vehicle travel modes, and is as easy and efficient to use as driving a motor
vehicle.
Policy 2)
Zoning shall allow for residential densities and a mix of commercial businesses
within walking distance (one-quarter to one-half mile) of existing and planned public
transit services which support use of public transportation.
2.5 The Planning Commission findsthat the proposed zoning map and ordinance amendments
are consistent withthe Statewide Planning Goals.
Oregon Statewide Planning Goal 2 – Land Use Planning, as well as Chapter 197 of the Oregon
Revised Statues requires a land use planning process and policy framework as a basis for all
decision and actions related to use of land. Specifically, plans and implementation measures
such as ordinances controlling the use and construction are permitted as measures for carrying
out Comprehensive Plans.
Oregon Statewide Planning Goal 9 – Economic Development requires cities and counties to
address providing adequate opportunities for a variety of economic activities for residents.
Oregon Statewide Planning Goal 10 – Housing requires cities and counties to provide for the
housing needs of citizens of the state, including a range of types and price/rent levels, and
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 5
allowing for flexibility of housing location, type and density.
Oregon Statewide Planning Goal 12 – Transportation, as well as OAR 660-012-0000 the
“Transportation Planning Rule,” require transportation planning to be in coordination with land
use planning. Additionally, the rule requires local governments to adopt land use regulations that
address a variety of land use and transportation issues, including the following items that are
directly related to the proposed Pedestrian Place amendments.
In Metropolitan Planning Organization (MPO) areas, local governments are required to
adopt regulations to reduce reliance on the automobile, specifically by allowing transit –
oriented developments (TODs) on lands along transit routes.
In MPO areas, local governments are required to either adopt a parking plan that reduces
parking spaces per capita, or revise ordinance requirements to:
reduce minimum off-street parking requirements for non-residential uses,
o
allow provisions of on-street parking, long-term lease parking and shared parking
o
to meet minimum off-street parking requirements, establish off-street parking
maximums in appropriate locations,
exempt structured parking and on-street parking from parking maximums, and
o
require parking lot s over 3 acres in size to provide street like features along major
o
driveways.
Adopt regulations requiring on-site facilities which accommodate safe and convenient
pedestrian and bicycle access from within new subdivisions, multi-family developments,
planned developments, shopping centers, and commercial districts to adjacent residential
areas and transit stops, and to neighborhood activity centers with one-half mile of
development.
Adopt regulations requiring new office parks and commercial developments to provide
internal pedestrian circulation through clustering of buildings, construction of accessways
and, walkway and similar techniques.
SECTION 3. DECISION
3.1 The Pedestrian Places Project planning process involved a variety of participants including
neighbors, property owners, business owners, community groups, and the general public. The
recommended zoning map and ordinance amendments that came out of the planning process are
intended to support the development of small walkable nodes that provide concentrations of housing and
businesses grouped in a way to encourage more walking, cycling and transit use. The proposed
amendments provide more flexibility in building uses and site planning, clarify requirements for on-site
circulation, and provide voluntary measures for decreasing the amount of area used for surface parking.
Based on the record of the Public Hearing on this matter, the Planning Commission recommends approval
of Planning Action #2011-01174 including the Pedestrian Place Overlay and ordinance amendments to
implement the recommendations of the Pedestrian Places Project. The Planning Commission
recommends the following revisions to the proposed zoning map and ordinance amendments:
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 6
1)In regards to the Pedestrian Place Overlay Areas map, the Commission recommends that the
Tolman Creek Rd./Ashland St. area be reduced in size by moving the eastern boundary from the
location shown on the draft map to parallel to the eastern side of Tolman Creek Road. The
Commission believes the area between Tolman Creek Rd. and the interchange, including
businesses such as Albertsons, Rite-Aid, Les Schwab and Super 8 Motel, is and will continue to
be developed in a highway orientation, has limited development or redevelopment potential, and
is and will continue to be an environment that is not conducive to pedestrian, bicycle and transit
travel.
2) The Commission recommended adding a definition of the term shadow plan.
3) In regards to the provision in Chapter 18.56 and the Detail Site Review Standards which allows
a shadow plan to demonstrate how a development could be intensified over time to meet the
minimum Floor Area Ratio (FAR) requirement of .50, the Commission recommends limiting the
shadow plan allowance to redevelopment projects, and requiring the minimum .50 FAR to be
met on vacant properties. The Commission believes the flexibility in meeting the FAR
requirement is needed for larger sites that may be redeveloped, such as some of the older
shopping areas in Ashland, where there are already buildings in place that are developed at a
lower intensity than is required.
Planning Commission Approval Date
PA #2011-01174
Pedestrian Places Amendments
October 11, 2011
Page 7
BEFORE THE PLANNING COMMISSION
City of Ashland, Jackson County, Oregon
October 11, 2011
IN THE MATTER OF PLANNING ACTION #2011-01175, A REQUEST TO )
AMEND THE DEVELOPMENT STANDARDS FOR WIRELESS )
COMMUNICATION FACILITIES IN 18.72.180 OF THE )
ASHLAND LAND USE ORDINANCE (ALUO) TO ADDRESS THE )
CITY COUNCIL’S INTEPRETATION AND APPLICATION OF )
RECOMMENDATION
COLLOCATION PROVISIONS INCLUDED IN THEIR DECISION )
IN NOVEMBER 2010 (PA #2009-01244). )
)
APPLICANT:
City of Ashland )
--------------------------------------------------------
RECITALS:
1) The application is to amend the Development Standards for Wireless Communication Facilities in
18.72.180 of the ALUO. The proposed code amendments are intended to address the City Council’s
interpretation and application of the collocation provisions included in their decision on PA #2009-01244
in November 2010.
The requirements for a Legislative Amendment are described in 18.108.170 and 18.08.345 as
2)
follows:
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative
amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and
conditions. A legislative amendment is a legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property
owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its
earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council,
approval, disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty
days prior to the Commission meeting at which the proposal is to be first considered. The application shall be
accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of
the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment.
Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given
notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing.
PA #2011-01175
Development Standards for Wireless Communication Facilities Amendments
October 11, 2011
Page 1
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request, except the
Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of
circumstances warrant it.
SECTION 18.08.345. Legislative amendment.
An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning
map, comprehensive plan maps or other official maps including the street dedication map described in section
18.82.050, for land involving numerous parcels under diverse ownerships.
3) The Planning Commission, following proper public notice, held a public hearing on October 11, 2011, at
which time testimony was received and exhibits were presented. The Planning Commission held their
deliberations and recommended to the City Council approval of the proposed amendments to the
Development Standards for Wireless Communication Facilities in 18.72.180 of the ALUO.
Now, therefore, The Planning Commission of the City of Ashland recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to this recommendation, the attached index of exhibits, data, and
testimony will be used.
SECTION 2. RECOMMENDATION
2.1 The Planning Commission finds that it has received all information necessary to make a
recommendation based on the Staff Report, public hearing testimony and the exhibits received. The
public hearing at the Planning Commission on October 11, 2011 was noticed in the newspaper as
required in 18.108.170.D.
2.2 The Federal Telecommunications Act of 1996 (TCA) preserves state and local authority
over zoning and land use decisions for personal wireless service facilities, but sets forth
limitations on that authority. Specifically, a state or local government may not unreasonably
discriminate among providers of functionally equivalent services, may not regulate in a manner
that prohibits or has the effect of prohibiting the provision of personal wireless services, must act
on applications within a reasonable period of time, and must make any denial of an application in
writing supported by substantial evidence in a written record. The statute also preempts local
decisions premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, assuming that the provider is in compliance with the Commission's RF rules.
Within the local authority over zoning and land use decisions provided for in the Act, the
proposed ordinance revisions have been drafted to provide amendments consistent with the
stated purpose and intent of the ordinance to “establish standards that regulate the placement,
PA #2011-01175
Development Standards for Wireless Communication Facilities Amendments
October 11, 2011
Page 2
appearance and impact of wireless communication facility while providing residents with the
ability to access and adequately utilize the services that these facilities support.”
2.3 The November 2010 City Council findings relating to the denial of the application for a
wireless facility identified a number of code provisions that could be further clarified.
Specifically, the Council found the Preferred Designs section is intended “to be more rigorously
applied to regulate the placement, appearance and impact of wireless communication facilities in
a manner which minimizes visual an aesthetic impacts to the greatest extent possible in keeping
with the declared purpose and intent describe in ALUO 18.72.180.A, while providing residents
with the ability to access and adequately utilize the serves that these facilities support.” The
Preferred Designs section was found to be intended to outline a stepped hierarchy in which an
application must demonstrate the first collocation standard is not feasible before moving on to
the next design option. The Council went on to define “feasible”, and said that a demonstration
of feasibility requires a substantial showing that a design option is not capable of being done,
rather than an applicant simply saying it would be difficult to make use of an alternative.
Finally, the Council found that the collocation study submitted with an application must
demonstrate the applicant made a reasonable effort to locate other potential collocation sites that
meet the applicant’s service objections and clearly identify why those sites are also not feasible.
The Planning Commission finds the proposed ordinance amendments address each of these areas
to provide greater clarity to ensure future applications for wireless facilities provide an adequate
collocation study and recognize that the Preferred Design standards in Chapter 18.72.180 are
rigorously applied to establish a stepped hierarchy regulating placement, appearance and impact
of wireless communication facilities.
2.4 The Planning received comments at the public hearing regarding the proposed
amendment that would require a third party professional verification analysis to be approved by
the Community Development Director in 18.72.180.C.8 on page 4 of the draft ordinance. The
testimony indicated a concern that this approach did not create enough separation between the
third party professional and the applicant, and that the City “should pay the bill” to maintain
impartiality in the third party professional analysis. The Commission expressed concern, and
asked that this item be noted.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission recommends
approval of Planning Action #2011-01175 which includes the amendments to the Development Standards
for Wireless Communication Facilities in 18.72.180 of the ALUO to address the City Council’s
interpretation and application of collocation provision included in their decision in November 2010 (PA
#2009-01244).
PA #2011-01175
Development Standards for Wireless Communication Facilities Amendments
October 11, 2011
Page 3
Planning Commission Approval Date
PA #2011-01175
Development Standards for Wireless Communication Facilities Amendments
October 11, 2011
Page 4
DISCUSSION ITEMS
Rain
Barrels
How to manage stormwater
how to
build your rain barrel
What is a rain barrel?
A rain barrel is a simple rainwater collector that captures and stores a portion of the runoff from
a roof downspout for non-potable, exterior uses, such as irrigation. Rain barrels come in a wide
variety of materials, designs, and colors. Common sizes for residential use are 55 gallons and
90 gallons. They are usually installed on the ground next to buildings. A rain barrel is not a
stormwater disposal method, but is a way to capture a small fraction of the rainwater that flows
off your roof. The rest of the runoff will still need to go to an approved stormwater discharge
location.
Are there incentives to installing a rain barrel?
Using rain barrels to temporarily store and reuse rainwater can conserve drinking water by
providing a water source for gardens. put it to another use? A rain barrel can capture some of
that rainfall for later use on your property. Capturing and reusing rainwater from your roof
surfaces also reduces demand on the sewer system and protects the quality of streams and
groundwater.
observe your site
1
To determine if a rain barrel is right for your property, the first step is to identify your sites
drainage conditions. Answer the questions below as you walk around your property.
Where does the runoff from your roof area go now?
Sketch a site plan. The locations of downspouts and roof lines, estimate the square footage of
your roof and paved areas, and map where all these areas drain.
Where would you like to locate your rain barrel?
Install your rain barrel based on where you will use the water in your yard. Keep in mind that it
may be possible to rehang the gutter and move the downspout to a more desirable location. The
rain barrel must be located at the base of one of the downspouts draining your roof gutter. This
is the downspout you will work with.
Where does that downspout currently drain?
The downspout you will divert to your rain barrel probably drains into a standpipe or to your
yard. This is the stormwater discharge point and is the same location where the rain barrel
should overflow to. If you wish to change your stormwater discharge point, please refer to step
2.
plan your rain barrel
2
Rainwater collection for residential, external, nonpotable uses such as irrigation, do not require
a city permit, but there are still design considerations to follow.
Overflow
All rainwater collection systems must have an overflow to a safe disposal location. The average
residential roof generates about 30,000 gallons of rainfall runoff every year, and an average 55
gallon rain barrel captures only a fraction of that. Even if you have multiple rain barrels, you
must have an overflow to a safe discharge location. If your rain barrel overflows into the
standpipe, be sure the overflow pipe is attached and sealed to the standpipe opening. If the
downspout to be connected to your rain barrel currently drains to a surface infiltration area in
your yard, the overflow from your rain barrel should also discharge to that location.
Safety Considerations
• Your rain barrel must be secured on a firm, level surface. A full 55-gallon rain barrel weighs
over 400 lbs. and tipping is a risk if it’s unsecured or on uneven ground.
• The barrel must be structurally sound and should be a food-grade container made to hold
liquid. Containers such as trash cans are not designed to withstand the pressure of the water.
• The barrel must have a lid and a sturdy fine mesh covering all openings to prevent mosquitoes
and debris from getting inside.
never
• The water from the rain barrel should be used for drinking, cooking or other potable
uses.
• Your rain barrel must have an overflow to a safe discharge point.
• If you use a moss-control product on your roof, be sure to use a product that is garden-safe.
Larger or more complex systems
More complex rainwater collection systems have a much larger storage container (a cistern),
and/or use pumps to move water to desired locations. Some use their captured rain water
indoors for toilet flushing. These projects involve factors not applicable to simple rain barrels,
such as plumbing and electrical work, soil excavation, or concrete foundations and other
structural components. For rainwater collection projects of this scale, you should consult a
professional to review design, construction, and safety considerations.
construction
3
Many nurseries and yard supply stores sell fully assembled rain barrels, but you can get an
unmodified barrel and convert it into a rain barrel yourself. Assemble your tools and supplies
then follow the construction steps illustrated on the following page.
Tools
If you build your own rain barrel:
• drill
• inch hole saw for overflow pipe
• one-inch spade bit for spigot
• tin snips or heavy-duty scissors for cutting screen
• adjustable wrench
• utility knife
• safety glasses
To disconnect your downspout to
your rain barrel:
• hacksaw
• drill
• tape measure
• screwdriver or nut driver
• pliers or crimpers
Materials
• One 55 to 90-gallon food grade plastic barrel (can be found online or at local restaurant
suppliers, nurseries, or gardening supply stores)
Find the following items at most plumbing or hardware stores:
• hose spigot with 3/4 inch threaded inlet and 3/4 inch male hose end
• two 3/4 inch galvanized locknuts to secure spigot from the inside of the barrel
• four 1-inch (opening) washers to provide rigid surface to fasten hose bib
• Teflon tape
• silicon adhesive or outdoor caulking
• two 8”x 8” x 12” concrete or wooden blocks
• window screen mesh (enough to cover the barrel opening)
• downspout elbow to route the downspout to the barrel
• clincher strap (attaches downspout and barrel to house)
• small pieces of wood blocking to use behind clincher strap (if necessary)
• any additional materials necessary for the overflow location
• 1/4” #6 sheet metal screws for downspout
• 3/4” screws for clincher strap
• 2” overflow pipe fittings
Construction in 6 Easy Steps
1
Inlet: Create an opening with fine screening through which the rain barrel will collect water
from the downspout elbow. This can be a single screened opening large enough to
accommodate the downspout elbow (as shown in the photo), or a series of smaller screened
openings directly in the top of the barrel.
2
Overflow: Drill a hole near the top of the barrel to accommodate an overflow pipe that is at
least 2 inches in diameter. If the overflow pipe elbow seals and seats securely, it can be
threaded directly into the barrel opening. If not, it should be secured with washers on both sides
of the barrel and a nut on the inside. Use Teflon tape around the threads and a bead of silicon
caulking around the opening to ensure a tight seal.
3
Foundation: Create a raised, stable, level base (like concrete blocks) for the rain barrel to sit
on. You might want to test stability by filling the rain barrel with water before attaching to your
structure. A full rain barrel is very heavy and tipping is a risk if it’s unsecured or on an uneven
surface.
4
Downspout: Cut the downspout with a hacksaw so that the elbow will sit just above the rain
barrel inlet. Attach the elbow over the downspout with a screw and secure the downspout to the
house with the strap. Attach Barrel: Set up the barrel beneath the elbow and secure the barrel
to the house with a strap. Cut and attach the overflow pipe to the overflow elbow and direct to
the existing discharge location.
5
Outlet: Drill a hole near the bottom of the empty barrel to attach the drain spigot. If the spigot
seals and seats securely, it can be threaded directly into the barrel opening. If not, it should be
secured with washers on both sides of the barrel and a nut on the inside. Use Teflon tape
around the threads and a bead of silicon caulking around the opening to ensure a tight seal.
6
Use: After a rainfall, fill a watering can using the bottom spigot or attach a hose to use the
water where it’s needed.
maintenance
4
Simple maintenance of your stormwater system can prevent problems.
• Clean gutters at least twice a year, more often if you have trees. • Make sure gutters are tilted
to direct water to downspouts and fix low spots or sagging areas along the gutter line with
spikes or place new hangers as needed.
• Make sure roof flashing directs water into the gutter.
• Make sure all parts are securely fastened together and the rain barrel is securely fastened to
the building.
• Clean out the rain barrel and check for leaks at least once a year. Check and clear downspout
elbows, rain barrel screening, and overflow to prevent clogging. Caulk any gutter, downspout,
barrel, and overflow leaks and holes.
• Make sure the rain barrel remains securely screened to prevent mosquito entry.
• If overflow is to a surface infiltration area, monitor the overflow area and regrade soil if
necessary to make sure water drains away from structures and does not flow onto pavement,
sidewalks, or neighboring properties.