HomeMy WebLinkAbout2012-02-28 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
FEBRUARY 28, 2012
AGENDA
I. CALL TO ORDER
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV. UNFINISHED BUSINESS
A. Approval of Findings for PA-2011-01731, Green Code Updates.
V. PUBLIC HEARINGS
A. PLANNING ACTION: #2011-01174
DESCRIPTION: A continuation of the January 24, 2012 public hearing to review the
pedestrian access and circulation standards (AMC 18.92) that were adopted as part of
the Pedestrian Places project. The zoning and land use ordinance amendments
associated with the Pedestrian Places project were approved by the City Council on
November 15, 2011 and went into effect on December 16, 2011. Subsequent to the
approval, the City Council directed the Planning Commission to re-review the ordinance
amendments that apply to the Detail Site Review Zone and citywide, and make
recommendations to the Council for changes as appropriate.
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).
BEFORE THE PLANNING COMMISSION
City of Ashland, Jackson County, Oregon
February 28, 2011
)
IN THE MATTER OF PLANNING ACTION # 2011-01731, A REQUEST
TO AMEND THE DEFINITIONS CHAPTER (18.08), GENERAL )
)
REGULATIONS CHAPTER (18.68), AND SITE DESIGN AND USE
STANDARDS (18.72) OF THE ASHLAND LAND USE ORDINANCE )
(ALUO) TO ADDRESS DEER FENCING, KEEPING OF CHICKENS, )
) RECOMMENDATION
SOLAR ENERGY SYSTEMS ON COMMERCIAL AND EMPLOYMENT
ZONED BUILDINGS WITHIN DESIGNATED HISTORIC DISTRICTS, )
)
RAIN BARRELS, AND EAVE EXTENSIONS INTO REQUIRED YARD
AREAS..)
)
APPLICANT:
City of Ashland )
--------------------------------------------------------
RECITALS:
1) The application is to amend the Definitions (18.08), General Regulations (18.68), and Site Design and
Use Standards (18.72) chapters of the ALUO to provide new standards for deer fencing, the keeping of
chickens, solar energy systems on commercial and employment zoned properties within Ashland’s
designated historic districts, and address yard requirements relating to rain barrels and eave extensions.
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.
PA #2011-01731
Green Code Amendments
February 28th, 2012
Page 1
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 February 14, 2012,
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 amendments to the Definitions (18.08),
General Regulations (18.68) and Site Design and Use Standards (18.72) chapters of the ALUO and further
provided revisions regarding the proposed ordinances as described in Section 2.
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 February 14, 2012 was noticed in the newspaper
as required in 18.108.170.D.
2.2 The Planning Commission finds the proposed ordinance amendments exempting the
installation of solar energy system installation on commercial and employment zoned properties
within historic districts (18.72.030) from obtaining Site Design Review approval, are
appropriate amendments necessary to promote energy conservation objectives and to retain the
historic integrity of buildings within Ashland’s Historic Districts. The Planning Commission
recommends approval of this ordinance amendment as proposed.
2.3 The Planning Commission finds the proposed ordinance amendments addressing the
measurement of fence height, fence construction, and fence materials (18.68.010 A, B, &C),
provide greater clarity in the ordinance and recommends the Council approve these amendments
PA #2011-01731
Green Code Amendments
February 28th, 2012
Page 2
as proposed.
2.4 The Planning Commission finds the proposed ordinance amendments addressing deer
fencing (18.68.010 D) will allow residents to better protect their gardens from the foraging of
Ashland’s urban deer population while preserving largely unobstructed views through the deer
fencing materials. The Planning Commission recommends specific revisions to the proposed
ordinance to ensure that deer fencing located within the front yard area is less visually
obstructive than is proposed for rear and side yard deer fencing. Testimony provided at the
hearing indicated there is a concern regarding section 18.68.10(D)3 as proposed which limits the
size of structural supports adjacent to a public street to no greater than 2”x2”. The Commission
expressed that the approach proposed, to limit the size of structural supports, may unnecessarily
restrict designs which are compatible with existing fences, and may be insufficient to provide
adequate support for larger expanses of fencing when dimensional lumber is utilized instead of
steel. To address these concerns and allow a greater degree of flexibility in structural materials
used for deer fencing, the Planning Commission recommends 18.68.10(D)3 be stricken and that
front yard deer fencing be instead regulated by establishing a higher percentage of visibility
through the deer fence than is otherwise proposed for rear and side yard fences. The Commission
recommends Staff evaluate a range of 85-90% clear view above the regular fence height to
provide a recommendation to Council a standard that minimizes the visual prominence of front
yard deer fences to the greatest degree feasible. Regarding front yard deer fences the
Commission expressed concerns that wire and polypropylene mesh materials with a small
diameters were either too visually obstructive (e.g. wire mesh used for rodent fencing) or not
durable and prone to sagging (e.g. ¾” square polypropylene mesh used as bird netting), and as
such these materials were considered inappropriate for use as front yard deer fencing. The
Commission requests that a minimum mesh diameter be further evaluated (i.e. greater than 1.5”
square) to potentially exclude the use of small diameter mesh material in front yards. The
Planning Commission recommends modifying the proposed provision requiring a monofilament
line atop polypropylene fences (18.68.10(D)5) to instead require all types of mesh deer fencing
be constructed with a support at the top of the fence that functions to prevent sagging. In
consideration of the recommendations noted above the Commission recommends the Council
approve these amendments.
2.5 The Planning Commission finds the proposed ordinance amendment allowing eaves,
awnings, and gutters to intrude up to three feet into required yards (18.68.040) provides greater
latitude to design buildings in a manner that capitalize on passive solar and natural cooling
opportunities. The Planning Commission recommends approval of this amendment as proposed.
2.6 The Planning Commission finds the proposed ordinance amendments allowing chicken coops
and chicken runs to be maintained as accessory structures on properties containing a single
family dwelling in residential districts (18.68.140 C) provides increased opportunities for the
keeping of chickens and thus promotes local food production. The Planning Commission
recommends that structures housing chickens need not be screened from the view of the public
right-of-way or adjacent properties, and as such that subsection 18.68.140(C)2e should be
PA #2011-01731
Green Code Amendments
February 28th, 2012
Page 3
stricken in its entirety. In consideration of the specific recommendation noted above the
Commission recommends the Council approve these amendments.
2.7 The Planning Commission discussed proposed amendments to the Health and Sanitation
Chapter (9.08) of the Ashland Municipal regarding the keeping of chickens as the proposed
amendments to the Land Use Ordinance cite them by reference (18.68.140C3). The Commission
suggested that the Council eliminate the provision that prohibited the slaughtering of chickens
outdoors (9.08.040(D)3c) expressing that due to the limited number of chickens permitted on a
given property (five or less) slaughtering would not be prevalent or adversely impact adjoining
properties.
2.8 The Planning Commission finds the proposed amendment allowing rain barrels to be located
within side and rear yard setbacks (18.68.140E) promotes individual water conservation
practices. The Commission expressed concern that the proposed definition of rain barrels, as less
than 90 gallons in size (18.08.616), may be too limiting in consideration of large capacity rain
water storage systems presently available. The Commission recommends that Staff examine the
size limitation as proposed in the interest of allowing larger rainwater storage systems in side and
rear yard setbacks. In consideration of the specific concern noted above the Commission
recommends the Council approve these amendments.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission recommends
approval of Planning Action #2011-01731. The Planning Commission recommends the Council further
consider revisions to the proposed ordinance amendments as described in Sections 2.3, 2.4. 2.6, 2.7 and 2.8.
Planning Commission Approval Date
PA #2011-01731
Green Code Amendments
February 28th, 2012
Page 4
Memo
DATE: February 28, 2012
TO: Ashland Planning Commission
FROM: Maria Harris, Planning Manager
RE: Re-review of Pedestrian Places Ordinance Revisions
At the January 24, 2012 meeting, the Planning Commission continued the public hearing and discussion
of the Re-review of the Pedestrian Places Ordinance Revisions, and the Commission identified two
issues for further discussion – Pedestrian Access and Circulation (18.92.090) and Arterial Street Setback
Requirements (18.68.050).
At the February 28, 2012 meeting, staff will present several examples of pedestrian access and
circulation on existing sites in Ashland as suggested by the Commission at the January 24 meeting. A
question was raised at the January 24 meeting regarding the Accessible Route Requirement in
18.92.090.B.4. The Accessible Route Requirement is similar to the Disabled Person Parking Places in
Section 18.92.040 in that it is a federal Americans with Disabilities Act (ADA) requirement that impacts
site design and layout. The ADA standards are highlighted in the land use ordinance to coordinate the
requirements and because it is beneficial to consider these items early in the site planning process. The
ADA requirements are implemented through the state building code, and ultimately reviewed at the
building permit stage.
For the Arterial Street Setback Requirement, staff suggests reviewing several key vacant sites adjacent
to arterial streets for the purposes of discussion. A map of the key arterial sites is attached to this memo
so that Commissioners have the option of individually visiting the sites prior to the meeting. The
Buildable Lands Inventory map is also attached which identifies vacant and partially vacant lands
located on the arterial streets. The next page includes a table of basic information for the key arterial
sites identified on the map.
Arterial Street Setback Requirement Background
There are five streets in Ashland which are designated as a Boulevard or arterial street – North Main St.,
Lithia Way, E. Main St., Siskiyou Blvd., and Ashland St. The previous standard exempted the
downtown (C-1-D), the properties abutting Lithia Way in the C-1 zoning district (north side of the
street), and the Croman Mill district (CM) from the 20-foot front yard setback on arterial streets.
Section 18.68.050 Arterial Street Setback Requirements of the ALUO was established along with a new
land use ordinance in 1964, and the requirement of a 20-foot front yard setback on arterials was added in
1979. The Site Design and Use Standards were first adopted in 1986. In 1992, the Site Design and Use
Standards were updated and the Detail Site Review Standards were added. In 1998, the Site Design and
Use Standards were revised to include the Downtown Design Standards.In 1996, the Transportation
Element of the Ashland Comprehensive Plan was revised and adopted. Subsequently, the Ashland
-
2-
Transportation System Plan (TSP) was adopted in 1998 and the Ashland Street Standards were adopted
in 1999. In 2008, the Arterial Street Setback Requirement was amended to exempt the north side of
Lithia Way from the arterial street setback requirements. In addition, the Ashland Street Standards were
updated to require five foot by five foot street tree wells in commercial areas with on-street parking, to
allow the use of landscape parkrow in commercial areas without on-street parking or where the overall
design concept for the street corridor includes a landscape parkrow, and to require a minimum of a ten-
foot wide sidewalk on Boulevard streets in the Downtown Design Standards Zone.
Vacant Arterial Sites
See Attached Map
Map Location Zoning Additional Front Yard
1
SiteDistrict Considerations Requirement
Reference
A N. Main and Glenn St. Employment (E-1) Residential Overlay None Required
(south corner) Detail Site Review Zone
Historic District
B South side of Siskiyou Low Density Historic District Minimum of 20 feet
between Beach St. Multiple-Family
and Mountain Ave. Residential (R-2)
(across from Ashland
High School)
C 1668/1690 Siskiyou Retail Commercial Detail Site Review Zone None Required
Blvd., Siskiyou and (C-1)
Harmony Ln.
(Minute Market site)
D North side of Ashland Retail Commercial Pedestrian Place Overlay None Required
St. between Walker (C-1) Detail Site Review Zone
Ave. and Lit Way
(across from
Wendy’s)
E. E. Main St. and N. High Density Pedestrian Place Overlay None Required
Mountain Ave. Multiple-Family
(southwest corner Residential (R-3)
across from massage
school)
1
yard requirement is measured horizontally at a right angle from the property line to the nearest point of the
building.
Attachments:
1. Pedestrian Places Arterial Setback review sites map
2. Buildable Lands Inventory Map (2011)
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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