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Home My WebLink About2013-04-23 Planning PACKET Note: Anyyone wishing too speak at any Planning Commission meetinng is encourageed to do so. If you wish to sppeak, please risee and, after youu have been reecognized by thhe Chair, give yyour name and complete address for the reccord. You will then be allowed to speak. Pleaase note that thhe public testimmony may be limited by the CChair and normaally is not allowed after the Pubblic Hearing is cclosed. AASHLAND PLLANNING COOMMISSION STUUDY SESSION APPRIL 23, 20133 AGENDA I. CALL TO ORDER: 7:00 P, Civic Centr Council Chambers, 117 E. Main Stre MMee55eet .. ANNOOUNCEMENTTS II IIII. PUBLIC FORUM IVV. DISCUUSSION ITEMMS A. Keeeping of Animals OrdinaanceAmenddment Evaluaation B. Unnified Land UUse Ordinancce – Part 5: PProcedures && Green Devvelopment Evvaluations V. ADJOURNMENT Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104 ADDA Title 1). Memo DATE: 04/23/2013 TO: Planning Commission FROM: Brandon Goldman, Senior Planner RE: Keeping of Animals Ordinance Amendments Background The Planning Commission reviewed existing standards for the keeping of animals at their regular study th session on February 26, 2013. At this meeting a number of local residents experienced in animal husbandry provided testimony regarding potential amendments to the Keeping of Animals ordinance (ch 9.08.040) and code language that relates to where micro-livestock is kept (ch 18.20.020 and 18.68.140). The Commission received and provided initial comments regarding the current setback requirements for bees, rabbits, and chickens and discussed the potential of applying standards to all micro-livestock similar to those recently adopted specifically relating to the keeping of chickens. The keeping of bees was discussed and it was recommended that a specific sub-section be drafted relating to the keeping of bees given the number of conditions necessary to ensure he hives are located in a manner that reduces the concentration of bees on neighboring properties. The attached draft ordinance amends the “Keeping of Chickens” section to more broadly apply similar standards to the keeping of micro-livestock in general. Micro-livestock includes domestic fowl, rabbits and miniature goats. In addition to expanding the requirements to address micro-livestock in general, the proposed discussion draft ordinance also addresses the setback requirements for enclosures that house micro-livestock. Most notably, where the existing code requires chickens to be both 20’from neighboring dwellings and 10’ from a property line, the discussion draft presented below would allow animals within a backyard to walk up to the property (fence) line provided they remain 20’ from an adjoining dwelling. The 10’ setback requirement for enclosures (chicken coops, runs, rabbit hutches, goat barns) is retained. A new subsection of ordinance relating to bee keeping proposes a maximum number of three (3) hives on lots less than an acre in area, and five(5) hives on lots larger than an acre. A number of new provisions have also been put forth to assist in reducing the concentration of bees on adjacent properties including requirements for a flyway barrier, on-site water, and general hive maintenance. With these provisions the existing 150’ setback requirement would be eliminated Staff believes that the requirements for keeping of micro-livestock, and bees, should ultimately be structured to establish measurable standards that will allow urban homesteaders to easily know and comply with the limits set forth. The amendments presented below for discussion aim to present such clear and objective standards that would not require staff-level discretion for approval or code enforcement purposes. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us April 23, 2013 Draft Ordinance Amendments Purpose or Whereas Clause: Purpose.The purpose of these standards is to allow for increased opportunities for residential urban animal keeping within the city limits, while encouraging compatibility within the urban environment. Animal keeping is the practice of raising domesticated animals that are used primarily as food or product sources. 9.08.040 A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1.Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2.No more than one such pig shall be kept at any one parcel or tract of land. 3.Such pigs shall: a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; b. Be confined to a car or truck when off property where otherwise confined; or c. Be on leash not longer than six feet in length. 4.Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set forth in ORS 167.310. 5.Notwithstanding any of the above, no such pig shall be allowed in any park. No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling. C. except thatchickensMicro-livestock including chickens, domestic fowl, turkeys, rabbits, and miniature goats,even within said seventy-five (75) foot buffer zone may be kept or maintained inside the buffer zone provided each of the following requirements is continuously met : . 1.Chickens and Domestic Fowl. For purposes of this chapter, “domestic fowl” means quails, pheasants, pigeons, doves, and muscovey ducks (Cairina moschata. ) a.or domestic fowl No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area; b. or domestic fowl No more than one (1) chicken for each one thousand (1,000) square or domestic fowl feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, c.Roosters are prohibited COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 2.No more than two (2) adult turkeys (over 6 months of age), and four (4) young turkeys (less than 6 months of age) shall be kept or maintained on properties of less than one acre in area a.Geese, and peacocks, are prohibited 3.Rabbits. No more than six (6) adult rabbits (over six months of age) shall be kept or maintained on properties of less than one acre in area a.Nursing offspring born to permitted adult rabbits may be kept until such animals are weaned. b.Rabbits shall be kept in a hutch or fenced enclosure. 3.Miniature Goats. For purposes of this chapter “miniature goats” are those goats commonly known as pygmy, dwarf, and miniature goats weighing less than 95lbs at full size. a. No more than two (2) adult miniature goats over six months of age shall be kept or maintained on properties of less than one acre in area. b.Nursing offspring born to permitted adult miniature goats may be kept until such animals are weaned. c.Solitary miniature goats are not permitted. A minimum of two (2) miniature goats shall be maintained where miniature goats are kept on a property. d.Male miniature goats shall be neutered. 4.chickensmicro-livestock Noshall be allowed on properties containing multi-family complexes, including duplexes; 5.chickensmicro-livestockprimarily In residential zones shall be kept for personal use only.and not for the commercial exchange of goods or commodities with the exception , of the sale of surplus eggs directly to the end consumerSale of eggs, honey or similar products shall be permitted on lots or parcels of land where the keeping of such animals is permittedin compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture. 6.No roosters shall be allowed; 6ChickensMicro-livestock must be secured at all times and located at least twenty (20) feet from dwellings on adjoining properties: During non-daylight hoursaAchicken coopenclosure a.secure shall be provided chickensmicro-livestockand to provide shelter from to protect from predators the weather ; Micro-livestock enclosuresbe locatedin achicken run that b. Chickens shall meetsmeet orin a securely fenced the requirements of AMC 18.68.140(C)(4) area and shall be located at least ten (10) feet from neighboring properties; chickens micro-livestock 7. To protect public health, the areas in which are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: ChickenAnimal a. feed must be kept in rodent- and raccoon-proof containers; COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ChickenAnimal b. manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on any one chickensmicro-livestock property housing ; and iii. All manure not used for composting or fertilizing shall be removed; Micro-livestockenclosures, includingCcrabbit hutches, and 8.hicken coops andruns, goat barns shall be built in compliance with AMC 18.68.140(C)(4) and with all applicable building and zoning codes; 9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock shall not chickensmicro-livestock apply to the keeping of or the buildings and structures that chickens micro-livestock house. chickensmicro-livestock 10. Noise resulting from the keeping or maintaining of must not exceed the limitations set forth in AMC 9.08.170. D. No person shall keep or maintain rabbits within one hundred (100) feet of another dwelling or within seventy-five (75) feet of a street or sidewalk. E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. D Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of any kind or character wherein bees are hived is subject to the following: 1.No more than three (3) bee colonies shall be kept or maintained on properties less than one acre in size. 2.No more than five (5) bee colonies shall be kept or maintained on properties greater than one acre in size. 3.Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4.For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 5.In each instance where a colony is kept less than twenty five (25) feet from a property line, a flyway barrier at least six (6 )feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 6.A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 7.Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect proof container. 8.If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 9.The sale of surplus honey or bee’s wax produced on site shall be permitted on property where the keeping of bees is permitted. 10.Africanized bees are prohibited. Recommended Definitions to include new terms relating to the keeping of Bees: “Apiary” means the assembly of one or more colonies of bees at a single location. “Beekeeper” means a person who owns or has charge of one or more colonies of bees. “Colony” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. “Hive” means the receptacle inhabited by a colony that is manufactured for that purpose. “Nucleus colony” means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey storage or harvesting. housing livestock F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling. G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. I. Keeping of animals is a Class III violation. (Ord. 1559 S4, 1968; Ord 3025, 2010; Ord 3061, 2012; Ord 3071; 2012) 18.20.020 D. The keeping of livestock, except swine, provided that: 1. No livestock shall be kept on any lot less than one (1) acre in area. 2. No more than two (2) head of livestock over the age of six (6) months may be maintained per acre. 3. Barns, stables, and other buildings and structures to house said livestock shall not be located closer than fifty (50) feet to any property line. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 18.68.140 An enclosure housing micro-livestock A chicken coop and a chicken run C. may be maintained accessory to a single-family dwelling in a residential district provided the following conditions are met: 1) No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area; 2) No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, 3) No roosters shall be kept on the property at any time. 4)1)Enclosures housing micro-livestock Chicken coops and chicken runs shall be constructed as follows: a) they shall not be located in a required front yard. b) they shall be setback a minimum of ten (10) feet from abutting properties. c) they shall be at least twenty (20) feet from dwellings on adjoining properties. d) structures shall not exceed six (6) feet in height. and rabbit hutches e) chicken coops shall not exceed forty (40) square feet in area, or four (4) square feet per chicken, whichever is greater. and rabbit runs f) chicken , as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area, or ten (10) square feet per chicken, whichever is greater. 5)2)chickens micro-livestock The keeping of , and the maintenance of their environment, shall be in accordance with Keeping of Animals chapter of the Ashland Municipal Code (Ch. 9.08.040). COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us must be provided on site within 15 feet of each hive. On feet from all property lines. Opening of the hive must be On lots less than 20,000 sq.ft. 3 hives located at least 5 pointed toward the center of the property. Water source neutered. 4) Miniature Pig. No more than one miniature allowed with chickens, fowl, and rabbits being limited to Domestic Fowl. Up to 6 of any combination of chickens On lots less than 20,000sq.ft. Two of the following four months of age and up to 6 under six months of age. 3) and domestic fowl over six months of age and up to 6 provided that they are located at least 25 feet from all under six months of age. 2) Rabbits. Up to 6 over six adjacent property owner authorizes in writing that an property lines and a water source is provided on site no more than one per 1000'sqft of lot area. Minature On Lots larger than 20,000sq.ft. all of the above are dwarf, and miniature goats, provided that males are categories of animals are allowed: 1) Chickens and Miniature Goats. Up to 3 miniature goats, pygmy, of any combination of chickens and domestic fowl enclosure can be located closer to the neighbor’s lots over 20,000 sq.ft. Up to 4 hives are allowed, 10 feet from all property lines, except where an goats are allowed at 1 per 5,000 square feet. pig, up to 150 pounds in weight. prohibited except 1 minitureprohibited except 1 minitureprohibited prohibited except 1 miniture within 15 feet of each hive. Covered as "fowl" -see aboveprohibitedprohibitedprohibitedNo reference in codeprohibited property. Micro-LivestockAshland ExistingAshland Draft (4/23/2013)TalentEugene proper sanitation shall be maintained at all be properly fenced, caged or housed and Animals, including chickens or fowl, shall months) shall not exceed three times the months. (SFR low and mediium density rabbits over the age of six months shall 2 colonies permitted on lot greater than chickens, fowl and/or rabbits (under six sq.ft. 2 per acre and at least 100' from not exceed one for each 1,000 square Not permitted on lots less than 20,000 feet of property; the number of young allowable number of animals over six The number of chickens, fowl and/or neighboring dwellings. zones only) 8000 sq.ft. times. goats permitted as "Livestock" on lots larger than an 20' from a neigbotring dwelling dwelling and 10' from 1000 sq ft, up to 20 maximum. 20' from neighboring one acre in size. A flyway barrier at least 6’ in height ordinance for further detail and requirements related 2 miniature goats permited on lost less than an acre direction from the hive when hive is within 25' of the parallel to the property line a minimum 10’ in either 6 adult rabbits plus young until weaned, Must be in an enclosure at least 20' from neighboring dwelling Three colonies on properties less than one acre in size. Five bee colonies on properties greater than property line. Water supply within 15’ of each hive. pheasants, pigeons, and muscovey ducks: 5 per 5000 sq ft or less plus one additional chicken per 2 adults and up to 4 young. 20' from neighboring in area with allowance for nursing young. Large acre. 2 full size goats per acre on properties Chickens or "Domestic Fowl" including quail, Africanized bees are prohibited. (See draft greater than one acre in area and 10' from propertyline. to maintenance). property line dwelling.dwelling. 75' from neighboring dwelling dwelling - no limit on number neighboring dwelling and 10' chicken per 1000 sq ft, up to dwelling, street, or sidewalk. greater than one acre in area No limit on number of hives. 5 chickensper 5000 sq ft or 75' from another dwelling - 150' from any neighboring 20' from dwelling and 10' 2 per acre on properties less plus one additional 20 maximum. 20' from - no limit on number of 100' from neighboring no limit on number from property line. from property line of animals animals Keeping of Amimals Animal Enclosure Domestic Fowl Chickens Setbacks Roosters Turkeys Rabbits Goats Bees Pigs used for human habitation. Hoofed animals 50' from burros, sheep, llamas or bees, no matter how many protected by a six foot hedgerow, partition, fence or walkway, street or road, or any public building, park 15 feet from any building used or capable of being within 150 feet of the property lines of the property on which the specified animal facility will be located determined by the Director, that the applicant has pigeons, pygmy goats or rabbits without a permit. geese, doves, pigeons, peacocks, cows, horses, dwellings or any location where food is prepared. shall be accompanied by adequate evidence, as Applications for a specified animal facility permit notified all of the property owners and residents mentioned anuimals, or any number of turkeys, Total of three or fewer chickens, ducks, doves, or recreation area, or any residential dwelling". Hives must be 15 feet away from "any public Keeping more than three of the previously of these animals, requires permit approval. prohibitedNo reference in codeprohibited except 1 miniture similar enclosure. prohibitedprohibitedprohibited McMinvilleRedmondPortland property. Animals shall be properly caged or housed direction from the hive when hive is within 30' of the parallel to the property line a minimum 10’ in either number of chickens, fowl, and/or rabbits shall not property line. A flyway barrier at least 6’ in height 50' from dwellinds on neighboring properties and Not permitted on lots less than 20,000 sq.ft. The property line. Water supply within 10' of colony. animal per 10.000 squuare feet of usable area. Not permitted on lots less than 20,000 sq.ft. 1 Movable hive frames. Additional requirements colonies. Side or rear yard at least 10' from a No ordinance1 colony per 5000sq.ft up to a maximum of 8 shall be located on the rear half of the exceed one for each 500 square Covered as "fowl" -see aboveCovered as "fowl" -see above relating to maintenance feet of lot area. at all times. required to maintain up to two (2) fowl (excluding excess of this number shall require an additional 70 feet to a front property line, 15 feet to a side Goats or sheep require a minimum of 1/2 acre A minimum of 5,000 square feet of lot area is property line or 10 feet to a rear property line. roosters and peacocks) or two (2) rabbits, or combination thereof. Each rabbit or fowl in lot area for 2 gots plus a 1/2 acre for each 1,000 square feet of lot area. additional goat. 75' from neighboring dwelling dwelling - no limit on number neighboring dwelling and 10' chicken per 1000 sq ft, up to dwelling, street, or sidewalk. greater than one acre in area No limit on number of hives. 5 chickensper 5000 sq ft or 75' from another dwelling - prohibited except 1 miniture 150' from any neighboring 20' from dwelling and 10' 2 per acre on properties less plus one additional 20 maximum. 20' from - no limit on number of 100' from neighboring no limit on number from property line. Micro-LivestockAshland Existing from property line of animals prohibited animals Keeping of Amimals Animal Enclosure Domestic Fowl Chickens Setbacks Roosters Turkeys Rabbits Goats Bees Pigs Memo DATE: April 23,, 2013 TO:AshlandPlanning Coommission FROM:Maria Haarris, Planninng Manager RE: Unified LLand Use Orrdinance Prooject Procedurres and Greeen Developmment Evaluations SSUMMARYY EEvaluationsoof the planniing applicatiion procedurres and greenn developmeent options aare attached for the PPlanning Commmission reeview and discussion. Thhe procedurees evaluationn recommendds several coode ooptions for immproving thhe timeliness and predictaability of thee developmeent process.The green ddevelopmentt evaluation includes oveer 20 recommmended optiions for codee incentives that address the full sspectrum of developmennt including llocation andd connectivityy, neighborhhood patternn and green infrastructuree and buildinngs. QQUESTIONN DDoes the Plaanning Commmission havee comments on the proceedures and ggreen developpment evaluuations? SSpecifically, does the Plaanning Commmission suppport the recoommendedccode amendmments outlineed the eevaluations? BBACKGROOUND TThe proceduures and greeen development evaluatioons were inccluded in thee Unified Lannd Use Ordiinance ((ULUO) scoppe of work tto address thhe Council 20011-2012 Goals, as welll as to address the adopteed 2011 EEconomic Development Strategy. PPROCEDURRES EVALUUATION: TThe proceduures evaluatioon includes aan assessmennt of the proocedural recoommendations included in the 22006 Land UUse Ordinancce Evaluatioon, and identifies items thhat were commpleted, are included in the UULUO, and aare outstandding (Table 11). Additionaally, the proccedures evalluation incluudes recommmended cchanges to thhe planning aapplication pprocess (Tabble 2) along wwith samplee code languaage. TThe proceduures evaluatioon suggests sseveral codee amendments for improvving the timmeliness and ppredictabilityy of the deveelopment proocess as outllined below. NeigghborhoodCContact – CConsider incluuding a neigghborhood coonsultationpprocess priorr to submmitting an appplication. Thhe intent is tto facilitate ppublic involvvement in laand use actions early in the process so that issues ccan be resolvved betweenn developers and neighbooring properrty owneers, and any adjustmentss can be incoorporated intto the application prior too submittal. The Page2 of 3 applicant would be required to contact the neighbors and hold a meeting to preview the proposal and provide an opportunity for input before the application is formally submitted. The challenge appears to be identifying thresholds or situations where the added process will result in less appeal situations so that the applicant does not have added cost or time used for proposals where opposition is unlikely. Adjusting Site Review Procedure Types – Consider processing economic development projects as an administrative Type I Review. This would involve changing the current thresholds for a Type II public hearing for projects requiring Site Review approval in the commercial and employment zones. Again, the intent is to save time and resources for the applicant as a public hearing increases the timeline from a 45-day process to a 120-day process. Type I applications have the same 200-foot notice area as Type II applications, and can be appealed to the Planning Commission. Type I applications involve two notices – a notice of application to inform neighboring property owners of the receipt of an application prior to a decision being made and a notice of decision after the administrative decision is finalized. In addition, currently the code provides the Community Development Director the ability to schedule a Type I application for a public hearing. Prior to the 2008 Ashland Land Use Ordinance (ALUO) revisions, a Type II public hearing was required for large-scale projects in the Detail Site Review Zone, larger than 10,000 sq. ft. or longer than 100 feet in width or depth. As shown in the table below, the 2008 revisions resulted in three additional situations in which a Type II public hearing is required. Type of Site Review Pre-2008 Threshold Post-2008 Thresholds for Type II Public Hearing for Type II Public Hearing Detail Site Review Exceeds 10,000 sq.ft., or longer than 10,000 sq. ft. and larger 100’ in length or width Downtown Design Standards Zone NA 2,500 sq. ft. and larger, or 10% and greater of building square footage Basic Commercial Site Review NA Larger than 10,000 sq. ft., or more than 20% of existing building’s square footage Residential Site Review NA New structures or additions 10,000 sq. ft. and larger, other than single family Extends Life of Planning Approvals – Consider extending planning approvals beyond current time limits to provide flexibility for owners and save costs in renewing permits. Specifically, Site Review is suggested to be extended from the current 12 months to 18 or 24 months. Currently, most approvals expire after 12 months, except for partitions and subdivisions which are 18 months. Expiration of Permits and Approvals – Consider allowing for longer expiration periods to provide more flexibility for applicants. Currently, one extension of 18 months is allowed for all planning approvals. 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 Page3 of 3 Fast-Track Priority Applications – Provide front-of-the-line processing for applications that meet criteria consistent with the City’s Economic Development Strategy. A similar provision is currently included in the ordinance for projects certified under the US Green Building Council’s Leadership Through Energy and Environmental Design (LEED) rating system. GREEN DEVELOPMENT EVALUATION: The green development evaluation compares the US Green Building Council’s Leadership Through Energy and Environmental Design Neighborhood Development (LEED-ND) rating system with the City’s current ordinance requirements. Based on this comparison, the report makes recommendations for incentives that could be incorporated into the ULUO. The report is not recommending participating or involving the LEED-ND program, but rather uses the LEED-ND framework as a tool for the assessment of the current ordinance requirements because it comprehensively addresses green development at the regional, city, site, infrastructure and building level. The green development evaluation includes over 20 recommended options for code incentives such as providing higher densities for projects that contain smaller dwelling units, and allowing increased building height or lot coverage where green building criteria are met. Further detail is provided in the table included in the evaluation report. Documents and codes from other jurisdictions referred to in the table are attached. NEXT STEPS After the Planning Commission discussion, an action plan will be prepared outlining the recommendations to be addressed and the corresponding code sections to be amended. The Planning Commission will review the action plan, and the material will be covered at the upcoming public meetings. Subsequently, the final language addressing the procedures and green development evaluations will be incorporated into the third draft. ATTACHMENTS 1. Procedures Evaluation, April 10, 2013 2. Green Building Code Evaluation, April 10, 2013 3. Sample Land Use Codes 4. A Local Government Guide to LEED for Neighborhood Development 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 Sample Land Use Codes Referenced in Green Development Evaluation A. Residential Infill Development – Lake Oswego, OR B. Cottage Housing – Wood Village, OR C. Housing Variety Standards – Dallas, OR D. Food Production and Distribution – Portland, OR E. Green Building and Green Points Program – Boulder, CO F. Solar Access for New Development – Lake Oswego, OR G. Solar Suggestions – Melanie Mindlin Memorandum To: Maria Harris, City of Ashland From: Scot Siegel, AICP, LEED AP Date: April 10, 2013 Subject: Ashland Unified Land Use Ordinance Project Task 2.3 Green Building Code Evaluation The City of Ashland requested an evaluation of green building code standards for inclusion in the Unified Land Use Ordinance (ULUO) for consistency with adopted city goals and economic strategies. The evaluation is timely because the City recently adopted the Croman Mill District, which contains green building standards, and the Development Strategy, specifically items 7.2 and 7.6 recommend the City encourage green building projects. Adopt land use codes, building codes, green building standards, and fee structures that ĭƩĻğƷĻ ƭƷƩƚƓŭ źƓĭĻƓƼǝĻƭ ŅƚƩ ķĻǝĻƌƚƦƒĻƓƷ ƷŷğƷ źƭ ĻƓĻƩŭǤͲ ǞğƷĻƩͲ ğƓķ ƌğƓķ ĻŕĭźĻƓƷ ğƓķ ) ƭǒƦƦƚƩƷƭ ğ ƒǒƌƼ-ƒƚķğƌ ƷƩğƓƭƦƚƩƷğƼƚƓ ƭǤƭƷĻƒ. (Ashland City Council, Goals 201 1-2012 City of Ashland Economic Development Strategy А͵Ћ /ƩĻğƷĻ źƓĭĻƓƼǝĻƭ ŅƚƩ ķĻǝĻƌƚƦƒĻƓƷ ğƦƦƌźĭğƼƚƓƭ ƷŷğƷ ƒĻĻƷ ĭĻƩƷğźƓ ƦƩĻ-deﬁned economic development eligibility criteria. А͵Џ LƓƷĻŭƩğƷĻ ĻǣźƭƼƓŭ ƭǒƭƷğźƓğĬƌĻ ķĻǝĻƌƚƦƒĻƓƷ ĭƚƓĭĻƦƷƭ ğƓķ ƦƩğĭƼĭĻƭ źƓƷƚ Ʀǒblic and private development standards. (LEED certification, solar, Ashland has long had sustainable development standards, including the first in the nation solar setback ordinance ensuring solar access for future installation of solar panels in 1980. As sustainable development concepts are tested and put into practice, the City should continue to integrate them into the land development code. This strengthens the local economy by preserving and protecting the natural environment, adding to the quality of life and can provide a degree of long term insulation from external regulations and costs outside the control of the community, as well as stimulate the growing energy water efficiency sector of our local economy. 15450 Boones Ferry Road, Suite 9-145, Lake Oswego, Oregon 97035 ph (503) 699-5850 / fax (503) 699-7044/ info@siegelplanning.com/ www.siegelplanning.com Approach This memorandum summarizes our findings and recommendations based on a comparison Neighborhood Development (LEED- requirements. The evaluation identifies strengths and weaknesses of the current ordinance and recommends LEED-based incentives that could be incorporated into the ULUO. It is not necessary for the City to match the standards contained in LEED-ND in order to facilitate green building, and not all developers will want green building certification for their projects. LEED is merely a guide, and our intent is to identify ways the City can encourage green building projects through ordinance changes. We chose LEED-ND for this evaluation Sections 15.04.092 and 18.108.017 prioritize LEED projects for review, and the Croman Mill District incorporates standards that are loosely modeled after itand LEED-ND offers the most comprehensive and objective green building rating system currently available for both master planning and site development projects. LEED-ND covers five categories or tracks, with 12 prerequisites and 44 credits, totaling 80 or more potential points. Similar to other LEED rating systems (e.g., New Construction, Core and Shell, Homes, Schools, etc.), LEED-ND is a performance-based system; certification levels are based on the number of points received. Table 1 summarizes -ND categories: Smart Location and Linkages Neighborhood Pattern and Design Green Infrastructure and Buildings Innovation and Design Process Regional Priority Other rating systems reviewed but deemed less helpful for this task include Green Globes, which focuses more on buildings (e.g., life cycle costs) than sustainable site design, and the Model Sustainable Development Code, which contains many references to local land use ordinances but A Local Government Guide to Implementing LEED for Neighborhood Development and copies of sample ordinances from several cities are provided under separate cover. 15450 Boones Ferry Road, Suite 9-145, Lake Oswego, Oregon 97035 ph (503) 699-5850 / fax (503) 699-7044/ info@siegelplanning.com/ www.siegelplanning.com e City of Lake review process for residential infill projects, homes based on input from an architectural review committee. A similar approach could 50.08.007) offers an alternate discretionary process and flexibility to standards beyond that contained in the existing Performance where city staff administratively approves Oswego (Community Development Code 3 page amily incentives for infill development. For Standards Option, and procedures for example, streamline the development be extended to homes meeting green gulatory flexibility and/or No ordinance change recommended. modifications to setbacks and other f - development standards for single variances and adjustments. Th building standards. wĻĭƚƒƒĻƓķğƷźƚƓ Provide re 1 developed site, even though Ashland is modes of transit. Connectivity might be Water Resource zone, or by providing a b5 wğƼƓŭ {ǤƭƷĻƒ an obstacle in some locations due to demonstrating a property is not in a Many sites in Ashland are likely to no served by multiple and frequent Prerequisites 2 and 3 are met by topographic and other physical meet this prerequisite based o Habitat Conservation Plan. 80+ points - Task 2.3 Green Building Code Evaluation on LEED Platinum: constraints. !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ 79 points, ağǣ \[995 - RequiredRequiredRequired 60 ƦƚźƓƷƭ Gold: 59 points, infrastructure. To encourage improvement and and hypertension by encouraging daily physical activity associated with walking and bicycling. To encourage development within and redevelopment of existing cities, suburbs, and reduce the incidence of obesity, heart disease, appropriate circumstances. To reduce vehicle Ashland Unified Land Use Ordinance Project communities and public transit 3: Wetland and Water Body hydrology, habitat, and biodiversity through ȁ (VMT). To To conserve imperiled species and water bodies To preserve water quality, natural towns while limiting the expansion of the 2: Imperiled Species and - in the region to 50 (SLL) Silver: vehicle miles traveled 1: Smart Location {ƒğƩƷ \[ƚĭğƼƚƓ ğƓķ \[źƓƉğŭĻ and Ecological Communities 49 points, wetlands communities. development footprint /ƩĻķźƷƭ - conservation of 40 Conservation March 18, 2013 existing Certified: --- ecological SLL PreSLL PreSLL Pre nd b5 Intent: Intent: Intent: Ώ trips a near \[995 ΐ space areas. Allow flexibility in street width appropriate zones, where density is offset 4 family densities) within page cluster housing (detached 1. ster Housing. (transferred away from) preserved open - Same recommendation as for SLL Pre No ordinance change recommended.No ordinance change recommended. and improvements. See background information on Cottage Clu wĻĭƚƒƒĻƓķğƷźƚƓ - housing at multi Allow cottage 1 icularly Goal 3, which provides for previously developed sites, particularly connectivity, a project can receive more documented as contaminated or defined This prerequisite is met by complying project proposal includes remediation. statewide land use planning program, b5 wğƼƓŭ {ǤƭƷĻƒ may be eligible for additional points.federal government agency, where a This prerequisite is met by virtue of re infill sites with good regulations make it easier to reuse ate, or points under this credit. Projects agricultural land conservation. This credit is for sites that are by a local, st Flood Hazard Overlay. - Task 2.3 Green Building Code Evaluation on LEED brownfield !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ those that a 9ǝğƌǒğƷźƚƓ part as ağǣ \[995 RequiredRequired ƦƚźƓƷƭ 10 2 resources by protecting prime and unique soils on farmland and forestland from development. enhance water quality and natural hydrological adverse environmental and public health effects associated with sprawl. To reduce development development. To conserve natural and financial environmental contamination, thereby reducing To preserve irreplaceable agricultural To protect life and property, promote Ashland Unified Land Use Ordinance Project cities, suburbs, and towns to reduce To encourage development within To encourage the reuse of land by open space and habitat conservation, and developing sites that are complicated by SLL 2: Brownfield Redevelopment resources required for construction and 5: Floodplain Avoidance sting 4: Agricultural Land pressure beyond the limits of exi SLL 1: Preferred Locations pressure on undeveloped land. maintenance of infrastructure. /ƩĻķźƷƭ Conservation March 18, 2013 -- SLL PreSLL Pre systems. b5 existing Intent:Intent:Intent:Intent: Ώ \[995 bs in a menu of green granting incentives, such as density bonuses, building criteria that the City would use in 5 page uesting parking reductions. increased floor area, building height, site showers with changing No ordinance change recommended. Include proximity to jo wĻĭƚƒƒĻƓķğƷźƚƓ coverage, etc. choose in req - 1 vehicle miles travelled (VMT) that does not exceed 90% of the national average. however, the ordinance does not require site showers with changing facilities walk distance of an equivalent number of jobs. While the Ashland encourages bonuses, the current ordinance does not development, or where affordable housing is proposed as part transit service within ¼ mile of such housing is located within ½ mile based and the Land Use Ordinance requires development, b5 wğƼƓŭ {ǤƭƷĻƒ Metropolitan Planning Organization contain provisions for bicycle ways, Points are obtained under this credit where the jurisdiction is served by a and the transportation analysis zone frequent, per LEED criteria, and/or affordable housing through density Projects may receive credit where (TAZ) within which the project is consistent with this LEED credit; building entrances is sufficiently for larger employers, per LEED. - home - has a rate of non bicycle parking in new link jobs to housing. - Task 2.3 Green Building Code Evaluation on LEED use - !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ of a mixed located where - on ağǣ \[995 ƦƚźƓƷƭ 713 To encourage development in locations choices or otherwise reduced motor vehicle use, thereby reducing greenhouse gas emissions, air pollution, and other adverse environmental and To encourage balanced communities Ashland Unified Land Use Ordinance Project public health by encouraging utilitarian and public health effects associated with motor transportation efficiency, including reduced (VMT). To support SLL 4: Bicycle Network and Storage tion SLL 5: Housing and Jobs Proximity with a diversity of uses and employment SLL 3: Locations with Reduced shown to have multimodal transporta To promote bicycling and recreational physical activity. Automobile Dependence vehicle miles traveled /ƩĻķźƷƭ March 18, 2013 opportunities. vehicle use. b5 Intent:Intent:Intent: Ώ \[995 The Water Resource zone currently requires less than 50 feet in width, depending on the City could also include conservation as one ing incentives, such as density bonuses, ervation areas, onto upland portions of - conservation, for example, by allowing off 6 page riparian and wetland buffers that may be site transfers of development rights. The allows the transfer of density away from a site, but it could do more to encourage 7, resource classification. The ordinance increased floor area, building height, above. No other ordinance change is of several green building criteria for No ordinance change recommended. - This credit works in concert with C wĻĭƚƒƒĻƓķğƷźƚƓ recommended. coverage, etc. grant cons 1 Constraints overlay (Hillsides) does not constrained land (slopes >35%); it also conservation plan or design the project wetlands, land within 100 feet of water slopes that fall below the threshold for on slopes exceeding 15%, though it is automatically receive bodies, or wetlands equal to 10% of a possible to receive credit for building native ecological communities, water LEED discourages new development requires mitigation when building on b5 wğƼƓŭ {ǤƭƷĻƒ Projects that restore predevelopment severe constraint. LEED establishes this credit. Others must either work Projects on sites without habitat or d within 50 feet of with natural resource regulatory ld for severe. allow development on severely agencies to develop a habitat nvironmental - Task 2.3 Green Building Code Evaluation on LEED 40% as the thresho water resources bodies, and lan Physical and E !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ ağǣ \[995 ƦƚźƓƷƭ 111 preserving steep slopes in a natural, vegetated tress on natural water systems by Intent: To minimize erosion to protect habitat Wetland and Water Body Conservation Ashland Unified Land Use Ordinance Project wildlife wildlife SLL 7: Site Design for Habitat or SLL 8: Restoration of Habitat or water bodies. native plants, SLL 6 Steep Slope Protection native plants, Wetlands and Water Bodies and To conserve To restore wetlands, /ƩĻķźƷƭ March 18, 2013 and reduce s b5 habitat, Intent:Intent: Ώ state. \[995 On larger sites, particularly those where the openings. See LEED NPD Prerequisite 1 for ottage Cluster Housing ordinance. 7 and is 8, above. No other ordinance district master plan, encourage a minimum width ratio of 3:1 - 7 to provide a sense of street enclosure and pedestrian scale, and avoid creating street page City is developing a neighborhood or - frontages containing mostly garage This credit works in concert with C - change is recommended. street - wĻĭƚƒƒĻƓķğƷźƚƓ to - height - additive to C Adopt a C - details. building 1 development site, and that protect areas extending the maintenance to 10 years. 8, require building entrances oriented to a to meet the prerequisite, as the requisite awards an additional point for projects in perpetuity and provide maintenance d Use Standards, which pedestrian ways serving development. 7.5 and lower rage openings facing (20% of street While the existing ordinance does not dwelling units per net acre or greater, 8, above, and street or public space and continuous b5 wğƼƓŭ {ǤƭƷĻƒ - width ratio (1:3) or the limitation on - ies are allowed in most areas, street management plan, as compared to C ordinance is not a barrier to LEED density zones. This credit requires frontage) that LEED requires, the residential uses at a ible. residential uses at a density of 7 - to A more robust conservation - over at least 3 years are elig height eligibility in this regard. - - with the exception of R This credit builds on C - - contain the building 9. Task 2.3 Green Building Code Evaluation on LEED - is required for C Site Design an - and any non !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ densit ga ağǣ \[995 RequiredRequired ƦƚźƓƷƭ 1 (VMT). To promote walking by providing safe, environments To promote transportation efficiency, that have Ashland Unified Land Use Ordinance Project transit investments. To reduce public health risks by encouraging daily physical activity Management of Habitat or Wetlands by previous human activities. vehicle miles wildlife MT). To leverage and support pedestrian injuries and encouraging daily livability, walkability, and transportation vehicle miles traveled 2: Compact Development Term Conservation associated with walking and bicycling. To conserve land. To promote that support public health by reducing bĻźŭŷĬƚƩŷƚƚķ tğǆĻƩƓ ğƓķ 5ĻƭźŭƓ water bodies bodies. native plants, street 1: Walkable Streets efficiency, including reduced water appealing, and comfortable and and To conserve and Water Bodies including reduced wetlands, wetlands, /ƩĻķźƷƭ physical activity. - March 18, 2013 SLL 9: Long been harmed -- (V NPD PreNPD Pre b5 traveled habitat, habitat, : Intent:Intent: Intent Ώ \[995 8 page No ordinance change recommended.No ordinance change recommended. wĻĭƚƒƒĻƓķğƷźƚƓ 1 maximum building setbacks and require requires many of these elements. Some that the City does not necessary require ground floor dwellings, and the design constrained land, parks, education and t may encourage through guidelines Street Standards should be eligible for elements that LEED awards points for um height ratio, as noted above, elevated b5 wğƼƓŭ {ǤƭƷĻƒ - 400 feet. LEED also parking, continuous walkways, etc.) health care campuses, railroad rights Projects conforming to the Ashland building which among other things establish will receive some points under this street building and site design standards, provides exceptions for physically credit, as the Land Use Ordinance block length is 800 feet, the city pedestrian oriented design (e.g., density of 0.50 FAR or greater. prominent entrances, storefront - dows, no blank walls, on - way, and similar areas. to speed of adjacent streets. - width - Task 2.3 Green Building Code Evaluation on LEED - include the street - standard is 300 !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ win - ofbu ağǣ \[995 Required ƦƚźƓƷƭ 12 To improve public health by encouraging daily (VMT). To promote walking by providing safe, environments efficiency through multimodal transportation. To promote transportation efficiency, Ashland Unified Land Use Ordinance Project that have high and are well nd encouraging daily that promote transportation connected to the community at large. To vehicle miles traveled existing 3: Connected and Open that support public health by reducing street encourage development within connectivity Walkable Streets projects appealing, and comfortable pedestrian injuries a Intent: To promote including reduced /ƩĻķźƷƭ physical activity. physical activity. levels of internal March 18, 2013 communities Community - NPD Pre NPD 1: b5 Intent: Ώ \[995 Include compact development in a menu of where green building criteria are met. Allow flexibility in street width and improvements. -rate housing developments. See example of income market 9 Increased building height or lot coverage Higher densities for projects that contain page Housing Variety standards from Dallas, See recommendations under NPD 2: incentives. Incentives might include: green building criteria for granting - Provide incentive for mixed Cottage Cluster Housing. Compact Development. ng units. wĻĭƚƒƒĻƓķğƷźƚƓ smaller dwelli Oregon. 1 this credit is 10 units per acre, and for 6 points it is 63 units per acre. Similarly, comprehensive green building program, ill cts for Development, beyond the prerequisite ensity for one point under residential FAR for one point is 0.75, and for 6 points 3.0. number of points awarded is based on ambitious for Ashland. The minimum placing housing within a ¼ mile walk regulations support this LEED credit. b5 wğƼƓŭ {ǤƭƷĻƒ Though under LEED a development neighborhood centers or downtown w more those densities might be attainable. Therefore, residential projects that Though if the city were to link its the number and diversity of uses. distance of a variety of uses. The ng a be more likely to receive points. described above, may be overly locate in or adjacent to existing This LEED credit rewards proje The LEED credit for Compact density bonus program with a further supports this concept. can receive credit for includi - Task 2.3 Green Building Code Evaluation on LEED - the minimum non residential d !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ ağǣ \[995 ƦƚźƓƷƭ 647 areas to conserve land and protect farmland and raging µ¤§¨¢«¤ ¬¨«¤² ³± µ¤«¤£ existing ¢¤³¤±² ³® ¤¢®´± ¦¤ £ ¨«¸ ¶ «ª¨¦Ǿ ¡¨ª¨¦Ǿ nities by enabling residents Ashland Unified Land Use Ordinance Project Ȩ6-4ȩ £ ´³®¬®¡¨«¤ £¤¯¤£¤¢¤Ǿ £ To promote socially equitable and walkability, and transportation efficiency, vehicle miles traveled 4® ¢«´²³¤± £¨µ¤±²¤ « £ ´²¤² ¨ ¢¢¤²²¨¡«¤ ¤¨¦§¡®±§®®£ £ ±¤¦¨® « Use Neighborhood (VMT). To improve public health encou alternative modes of transportation and wildlife habitat. To promote livability, daily physical activity associated with Intent: To encourage development in Income Diverse NPD 2: Compact Development ¥±¤¤ «¨µ¨¦ȁ £ ³± ²¨³ ´²¤Ǿ ±¤£´¢¤ ȁ compact development including reduced /ƩĻķźƷƭ -- engaging commu NPD 3: MixedNPD 4: Mixed Communities March 18, 2013 ȃ ²´¯¯®±³ ¢ ± b5 Centers Intent:Intent: Ώ \[995 Include limited surface parking in a menu of 10 page or granting green building criteria f wĻĭƚƒƒĻƓķğƷźƚƓ incentives. 1 restricted affordable units. Housing categories are street parking changing facilities for large employers. include a requirement for 10% carpool parking to 20% of a site. They also lack defined according to square footage as ower and diversity of market rate housing types, of meeting the minimum requirements providing bicycle parking and storage a requirement that developments with site showers with changing rooms for street parking lots at the - side or rear of buildings, limiting the b5 wğƼƓŭ {ǤƭƷĻƒ standards are mostly consistent with 100 or more new workers provide on parking areas (e.g., maximum parking ratio), and for this credit in that they do not s credit, which is attained by parking and do not limit on the - site sh as well as for providing deed - footprint area of new off - street well as building type.capacity, including on - bicycle commuters. Task 2.3 Green Building Code Evaluation on LEED - footprint of off - orienting off !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ thi ağǣ \[995 ƦƚźƓƷƭ 1 and minimize encouraging daily physical activity associated the adverse environmental effects of parking Ashland Unified Land Use Ordinance Project household sizes, and age groups to live in a facilities. To reduce public health risks by To design parking to increase the NPD 5: Reduced Parking Footprint from a wide range of economic levels, projects with walking and bicycling. pedestrian orientation of /ƩĻķźƷƭ March 18, 2013 community. b5 Intent: Ώ \[995 shelters, to the list of transportation demand Include transit facilities in a menu of green 11 Add transit facilities, such as bus waiting page granting incentives. management items that may be used to street parking. No ordinance change recommended. - offset a reduction in off building criteria for wĻĭƚƒƒĻƓķğƷźƚƓ 1 To receive this LEED credit applicants agency and provide bus waiting shelters improvements, including bicycle racks, parking standards support this credit by not appear to give the City authority to block length standard of 400 feet and ansit street parking where a transit plaza is needed to serve existing and planned b5 wğƼƓŭ {ǤƭƷĻƒ provided, though the ordinance does ce meets the maximum bus routes. Within the Detailed Site - Review overlay, Ashland currently the requirement to provide internal allowing a reduction in required off require transit facilities outside the must coordinate with the local tr required requires this. In addition, Ashla iew overlay. - and any other agency - Task 2.3 Green Building Code Evaluation on LEED Detailed Site Rev connectivity. Use Ordinan !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ ağǣ \[995 ƦƚźƓƷƭ 21 secure bicycle storage facilities for transit users. comfortable transit waiting areas and safe and Ashland Unified Land Use Ordinance Project To encourage transit use and reduce improve public health by encouraging daily that have high physical activity and reducing the negative levels of internal connectivity and are well communities, thereby conserving land and driving by providing safe, convenient, and promoting multimodal transportation. To connected to the community at large. To existing effects of motor vehicle emissions. encourage development within projects NPD 7: Transit Facilities NPD 6: Street Network To promote /ƩĻķźƷƭ March 18, 2013 b5 Intent:Intent: Ώ \[995 Include civic and public spaces in a menu of 12 page No ordinance change recommended. n building criteria for granting wĻĭƚƒƒĻƓķğƷźƚƓ incentives. gree 1 llowing reductions to hour motor vehicle trips by at least 20% (e.g., senior assisted living or college), unbundling of parking where parking is residential building entrances. The scale space, such as a square, park, or plaza, of at least 1/6 acre (7,260 square feet), developments within the Detailed Site to occupants, providing transit service - ransit passes (TDM) plan. Under LEED, points are through such a program. Examples of - To receive this credit, a development b5 wğƼƓŭ {ǤƭƷĻƒ lay. Open space may be - or such area must be located within ¼ transportation demand management acre for developments larger than 7 civic area requirement increases to ½ dwellings and awarded for reducing weekday peak use - required through the Performance requires civic space only for large parking standards pursuant to a - vehicle sharing programs, and must contain a civic or passive sold or rented separately. TDM include providing t -planned and existing Task 2.3 Green Building Code Evaluation on LEED LEED credit by a Review over !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ - non ağǣ \[995 ƦƚźƓƷƭ 21 To improve physical and mental health facilitate social networking, civic engagement, Ashland Unified Land Use Ordinance Project pollution from motor vehicles, and adverse and social capital by providing a variety of physical activity, and time spent outdoors. Public To reduce energy consumption, open spaces close to work and home to NPD 8: Transportation Demand public health effects by encouraging NPD 9: Access to Civic and multimodal travel. /ƩĻķźƷƭ Management March 18, 2013 b5 Spaces Intent:Intent: Ώ \[995 with LEED criteria. 13 requirements) in a menu of green building page elements (i.e., design that exceeds ADA Include visitability and universal design Review current standards for recreation The neighborhood contact requirement program, and make any adjustments as recommended as part of the Land Use criteria for granting incentives. needed for consistency wĻĭƚƒƒĻƓķğƷźƚƓ 1 ies density bonus for such facilities. LEED whereas the ADA requires only 10% of features for single dwelling and duplex ic ways do not meet the 2008 Oregon Residential Specialty LEED credit provides options for sites also requires universal design for 20% minimum landscape area requirement. Standards Option, as well. Within the units, and Title 15 Buildings refers to acre minimum for parks. Code, which refers to the ADA. (The Pedestrian Place overlay, civic space Use Ordinance does not require such buildings with more than three units, unit buildings. It b5 wğƼƓŭ {ǤƭƷĻƒ in new development by providing a currently promotes recreation facilit Currently, Ashland does not have a - formalized procedure for applicant features for single dwelling units, or more of multifamily units in units be accessible. Ashland ADA requirements.) - - where existing publ Task 2.3 Green Building Code Evaluation duplexes, and three on LEED - specifies a 1 !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ ağǣ \[995 ƦƚźƓƷƭ 112 To improve physical and mental health recreational facilities close to work and home to NPD 10: Access to Recreation Facilities Ashland Unified Land Use Ordinance Project increasing the proportion of areas usable by people, regardless of age or ability, to more and social capital by providing a variety of NPD 12: Community Outreach and To enable the widest spectrum of NPD 11: Visitability and Universal easily participate in community life by facilitate physical activity and social ilities. people of diverse ab /ƩĻķźƷƭ March 18, 2013 Involvement networking. b5 Intent:Intent: Design Ώ \[995 Procedures Evaluation, would help the City Production and Distribution standards from requirement that new subdivisions include ND, NPD Credit 13. See example of Food 14 - page and applicants implement this credit. No ordinance change recommended. ance Recommend adopting an ordin wĻĭƚƒƒĻƓķğƷźƚƓ Portland. 1 Ashland Land Use Ordinance currently rooftops, and in yards and greenhouses, face a street. A point is awarded where of this credit, which is to provide street plan prepared by a landscape architect. requirements appear to meet the intent requires the recordation of CC&Rs or structures, per an approved landscape options, including community garden combination of trees and other shade coordination with adjacent residents, b5 wğƼƓŭ {ǤƭƷĻƒ may be prohibited in front yards that development provides for local food produce, including on balconies and with the exception that greenhouses does not address this credit, which estrictions that protect production under one of several - irement is met and the or participation in a community supported agriculture program. workers and property owners. nance trees at regular intervals, or a - Task 2.3 Green Building Code Evaluation on LEED other deed r !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ this requ ağǣ \[995 ƦƚźƓƷƭ 12 community needs by involving the people who design production, improve nutrition through increased access to fresh produce, support preservation of small farms producing a wide variety of crops, increases the economic value and production of 4® ¤¢®´± ¦¤ ¶ «ª¨¦Ǿ ¡¨¢¸¢«¨¦Ǿ £ ¤µ ¯®³± ²¯¨± ³¨®Ǿ £ ±¤£´¢¤ ¢®®«¨¦ «® £² ets ¨²« £ ¤¥¥¤¢³²Ǿ ¨¬¯±®µ¤ ¨± °´ «¨³¸Ǿ ¨¢±¤ ²¤ should be improved or how it should change reduce the negative environmental effects of Ashland Unified Land Use Ordinance Project based food Lined and Shaded Stre and planning and in decisions about how it ¬®³®±¨¦ ²¯¤¤£²ȁ 4® ±¤£´¢¤ ´±¡ §¤ ³ ture, and support local economic development that project courage responsiveness to ³± ²¨³ ´²¤ £ £¨²¢®´± ¦¤ ¤·¢¤²²¨µ¤ NPD 13: Local Food Production farmlands and community gardens. live or work in the community in scale industrialized agricul - To promote community /ƩĻķźƷƭ - NPD 14: Tree March 18, 2013 ¨ ¡´¨«£¨¦²ȁ To en over time. b5 Intent:Intent:Intent: Ώ - \[995 large needed to provide for more direct and safer off areas. building criteria for granting incentives. See example of Green Building Code standards example of Green Building Code standards example, where street connections through 15 incentives for providing incentives. See Oregon Reach Code, and page Review existing standards and update as en Include energy efficiency in a menu of Ensure through site design review that accessible without crossing bus zones, access ways and stairways, as needed. routes to schools, where possible. For long blocks or over steep sites are not Include certification in a menu of gre school building entrances are easily green building criteria for granting - parking entrances or student drop from Boulder, CO. possible, provide wĻĭƚƒƒĻƓķğƷźƚƓ 1 qualified green building rating system. applicable to other rating systems, such as LEED for Homes, Schools, Existing proposed buildings 3 stories or less, per ND project is Where new schools are proposed, the campus size is limited under NPD 15 t with NPD 15; though only within 1 mile walk distance of a high acres for elementary schools). b5 wğƼƓŭ {ǤƭƷĻƒ eive credit for distance of an elementary school, or conformance to ENERGY STAR or projects located within ½ mile walk ND certification are Ashland does not appear to require provision of safe routes to schools, another site design, and street connectivity school, are eligible for this credit. Note: Some of the credits gained equivalent standards for 90% of This prerequisite is met when a standards appear to support the retaining mature shade trees. certified through LEED or - building within a LEED Buildings, and Retail. Developments can rec - Task 2.3 Green Building Code Evaluation on LEED - through LEED !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ consisten (e.g., 5 ağǣ \[995 RequiredRequired ƦƚźƓƷƭ 1 To promote community interaction and To encourage the design, construction, efficient buildings that 2: Minimum Building Energy encouraging walking and bicycling to school. Ashland Unified Land Use Ordinance Project into the 1: Certified Green Building and retrofit of buildings that utilize green ngs To encourage the design and NPD 15: Neighborhood Schools Green Infrastructure and Buildi schools engagement by integrating - construction of energy building practices. /ƩĻķźƷƭ March 18, 2013 Efficiency -- GIB PreGIB Pre b5 Intent:Intent:Intent: Ώ \[995 Include water efficiency in a menu of green building criteria for granting incentives. See menu of green building criteria for granting ith LEED, which refers to the Washington a menu incentives. See example of Green Building Oregon Reach Code, as this code provides 16 control plan requirements for consistency incentives. Review erosion and sediment page model code language for building water Washington, Volume II, Construction of green building criteria for granting Stormwater Code standards from Boulder, CO. Include certified green buildings in Management Manual for Western Stormwater Pollution Prevention, State Dept of Ecology from Boulder, CO. wĻĭƚƒƒĻƓķğƷźƚƓ efficiency. w 1 Ashland does not appear to require use d by best management The purpose of this credit is the same as n the detached accessory residential units are GIB Prerequisite 1. In order to receive of low water use fixtures, fittings, and b5 wğƼƓŭ {ǤƭƷĻƒ approval of an erosion and sediment more points awarded. Under LEED, minimum number of buildings. The appliances with efficiencies greater credit, projects must provide green than base building codes, as requiresquare footage that is certified, the building certification for more tha practices prior to development. counted as separate buildings. control plan utilizing - GIB Prerequisite 4. Task 2.3 Green Building Code Evaluation on LEED ND. !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ - EED L ağǣ \[995 RequiredRequired ƦƚźƓƷƭ 5 activities by controlling soil erosion, waterway ncourage the design, construction, To reduce pollution from construction resources and reduce burdens on community 3: Minimum Building Water sedimentation, and airborne dust generation. Ashland Unified Land Use Ordinance Project adverse environmental effects from energy natural water and retrofit of buildings that utilize green air, water, and land pollution and 4: Construction Activity 1: Certified Green Buildings water supply and wastewater systems. production and consumption. To reduce effects on vention building practices. /ƩĻķźƷƭ Pollution Pre March 18, 2013 To e Efficiency -- GIB PreGIB Pre b5 Intent: Intent:Intent: Ώ reduce GIB \[995 example of Green Building Code standards Include water efficiency in a menu of green building criteria for granting incentives. See Add rain garden and rainwater harvesting as and Use Ordinance, stormwater chapters of the Ordinance. See Oregon Reach Code, as this code provides landscaping, parking, building design, and 17 incentives. See Oregon Reach Code, and page building criteria for granting incentives. model code language for building water Include energy efficiency in a menu of Impact Development code and include them in a menu of green This recommendation applies to the green building criteria for granting mple from Dallas, OR. permitted uses in the L from Boulder, CO. wĻĭƚƒƒĻƓķğƷźƚƓ efficiency. - also, Low exa 1 The purpose of this credit is the same as credit, building energy efficiency must ard under the awarded. Section 18.72.060 of the Land sources and levels with applications for The purpose of this credit is the same as exceed the minimum standard under the This credit is gained by landscapes that irrigation requirements, or that have no stormwater and foundation drain water. and use of GIB Prerequisite 2. In order to receive GIB Prerequisite 3. In order to receive Use Ordinance supports this approach credit, building water efficiency must efficiency, use of captured rainwater, b5 wğƼƓŭ {ǤƭƷĻƒ achieve a 50% reduction in baseline new irrigation requirement. Options prerequisite. The greater the energy Currently, Ashland codes allow for eater the water by requiring a summary of energy efficiency rating, the more points efficiency rating, the more points include plant selection, irrigation other nonpotable water, such as use of recycled wastewater, exceed the minimum stand - prerequisite. The gr Task 2.3 Green Building Code Evaluation site design review. on LEED !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ awarded. ağǣ \[995 ƦƚźƓƷƭ 211 ¨±Ǿ ¶ ³¤±Ǿ £ « £ ¯®««´³¨® £ ²¨³¤²Ǿ £µ¤±²¤ ¤µ¨±®¬¤³ « ¤¥¥¤¢³² ¥±®¬ ¤¤±¦¸ £ ®³§¤± ³´± « ²´±¥ ¢¤ ®± urces and reduce burdens on community Ashland Unified Land Use Ordinance Project ¤¥¥¨¢¨¤³ ¡´¨«£¨¦² To reduce effects on natural water Efficient Landscaping 4® «¨¬¨³ ®± ¤«¨¬¨ ³¤ ³§¤ ´²¤ ®¥ ¯±®©¤¢³ 2: Building Energy Efficiency 4® ¤¢®´± ¦¤ ³§¤ £¤²¨¦ £ GIB 3: Building Water Efficiency water supply and wastewater systems. ²´¡²´±¥ ¢¤ ¶ ³¤± ±¤²®´±¢¤² ® ¯±®£´¢³¨® £ ¢®²´¬¯³¨®ȁ ¥®± « £²¢ ¯¤ ¨±±¨¦ ³¨®ȁ ȃ ¢®²³±´¢³¨® ®¥ ¤¤±¦¸ /ƩĻķźƷƭ - Water ¯®³ ¡«¤ ¶ ³¤± March 18, 2013 ³§ ³ ±¤£´¢¤ b5 4: Intent:Intent:Intent: Ώ GIB GIB \[995 reso Include minimum site disturbance in a menu tree preservation requirements, encouraging developers to retain more than the minimum Resource zones or other overlays. Incentives invasive trees. Such than the ordinance requires, i.e., instead of 18 and the site plan retains more mature trees might apply where mature tree groves are incentives. This would include updates to incorporated into parking lot landscaping page incentives would not replace minimum ater for granting No ordinance change recommended.nce change recommended. requirements, such as those for W of green building criteria - number of native, non wĻĭƚƒƒĻƓķğƷźƚƓ No ordina 1 graywater, per the Oregon Reach Code. This credit is gained by reusing existing historic preservation and are flexible in Ashland Land Use Ordinance is mostly of 18.61 put the burden of proof on the Though the existing regulations do not and the tree preservation requirements criteria for undisturbed areas of a site, minimum landscape area standards of b5 wğƼƓŭ {ǤƭƷĻƒ conforming buildings. buildings. Ashland codes encourage conforming buildings. significant trees must be removed. Ashland codes encourage historic consistent with LEED criteria for building stock, including historic 18.72.110 can also satisfy LEED demonstrating why ite disturbance and rainwater harvesting and use of preservation and are flexible in require a minimum number or - Task 2.3 Green Building Code Evaluation on LEED -- minimizing s allowing nonallowing nonapplicant for !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ ağǣ \[995 ƦƚźƓƷƭ 111 that represent significant embodied noninvasive trees, cultural Preservation Ashland Unified Land Use Ordinance Project building stock to conserve resources, reduce effects of new buildings related to materials 7: Minimize Site Disturbance in energy and cultural value, in a manner that existing To encourage the preservation and - waste, and reduce adverse environmental preserves historic materials and character and and pervious surfaces. se To extend the life cycle of historic buildings Existing Building Reu GIB 6: Historic Resource t. existing Design and Construction manufacturing and transpor and Adaptive Reuse To preserve /ƩĻķźƷƭ defining features. adaptive use of March 18, 2013 native plants, landscapes b5 5: Intent:Intent:Intent: Ώ GIB GIB \[995 landscaping. See also, recommendations for retention is not practical due to the presence ls, rainwater harvesting would be allowed. This recommendation relates to the including solar setback, lot orientation, and GIB 8 Stormwater Management and GIB 9 stormwater management chapters. See also reflectance rooftops in a menu landscaping, parking, building design, and 19 Add options for storm water retention that Where large roof elevations are proposed, accommodates variations in soils, slopes, development densities, lot coverage, and page site of green building criteria for granting Consider simplifying the solar access standards by providing more options, - lar parcel size. For example, where on code example from Dallas, OR. replacing trees with turf or simi Heat Island Reduction. wĻĭƚƒƒĻƓķğƷźƚƓ - incentives. include low of clay soi 1 Instead, tree preservation requirements ile), the more points reducing heat island effects in parking the Water Resource zone or is subject site. The This credit is awarded to projects that depending on whether a site is within Ordinance incorporates measures for approach is appropriate under LEED. b5 wğƼƓŭ {ǤƭƷĻƒ 9. ND, are determined case by case through areas, but it does not contain similar Land Use Ordinance Chapter 18.70 greater the percentile rainfall event Section 18.92.080 of the Land Use Solar Access differs from the solar to the Physical and Environmental measures for rooftops, as per GIB Constraints overlay. This flexible percentage of trees be preserved. - vary orientation guidelines in LEED - retain storm water runoff on land use reviews and may - Task 2.3 Green Building Code Evaluation percent on LEED !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ th 9ǝğƌǒğƷźƚƓ awarded. 95 th (80 ağǣ \[995 ƦƚźƓƷƭ 411 promote aquifer recharge, and improve water , reduce flooding, Ashland Unified Land Use Ordinance Project To reduce pollution and hydrologic effects on the microclimate and human and minimize To encourage energy efficiency by creating optimum conditions for the use of quality by emulating natural hydrologic : Stormwater Management 9: Heat Island Reduction To reduce heat islands to 10: Solar Orientation instability from stormwater /ƩĻķźƷƭ wildlife habitat. March 18, 2013 conditions. b5 Intent:Intent:Intent: GIB 8 Ώ GIB GIB \[995 generation in Ashland and amend the Land 20 ommissioner Melanie Mindlin, GIB 11. page methods of nonpolluting renewal energy building orientation. See example from renewal energy development. See also, Use Ordinance, as needed, to facilitate Explore opportunities for additional Oregon Reach Code and details in and example from Lake Oswego. wĻĭƚƒƒĻƓķğƷźƚƓ Planning C 1 which are much simpler by comparison. subdivision blocks or new buildings are west. A potential unintended consequence of thermal energy cost. Additional points designed to generate 12.5% or 20% of are awarded, cumulatively, to projects the production capacity of at least 5% Recent amendments to the Land Use hydroelectric, and/or biomass, meets b5 wğƼƓŭ {ǤƭƷĻƒ story adjacent buildings, where ordinance allows variances, is that - equipment by right, per state law, Ordinance allowing rooftop solar oriented within 15 degrees of east scale or micro generation, such as solar, wind, t green building projects. site site. LEED only considers whether - t discourage multi nonpolluting renewal energy Chapter 18.70 requires new - - Credit is granted where on annual energy capacity on - Task 2.3 Green Building Code Evaluation - on LEED geothermal, small !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 18.70 migh 9ǝğƌǒğƷźƚƓ between - suppor mixed ağǣ \[995 ƦƚźƓƷƭ 3 site renewable energy production to reduce the adverse environmental and economic effects associated with fossil fuel Ashland Unified Land Use Ordinance Project Site Renewable Energy passive and active solar strategies. tion and use. - To encourage on /ƩĻķźƷƭ March 18, 2013 - energy produc GIB 11: On b5 Sources Intent: Ώ \[995 heating and cooling plants (e.g., geothermal or biomass) in Ashland and amend the Land Use Ordinance, as needed, to facilitate their development. See also, Oregon Reach Code Consider requiring LED for new streetlights Ordinance that facilitate wastewater reuse, 21 where applicable. See also, Oregon Reach and explore renewable energy options per Explore opportunities for creating district Incorporate guidelines into the Land Use or consistency with this credit. page ce on wastewater reuse. and details in GIB 12. B 11 and GIB 12. wĻĭƚƒƒĻƓķğƷźƚƓ Code for guidan standards f GI 1 buildings. Currently, the Ashland Land infrastructure required for development, such as streetlights, traffic signals, and This credit requires that a project retain water consumption. An additional point is awarded where 50% of wastewater is ±¤¢¸¢«¤£ granted where a district plant pump stations, achieves a 15% annual ¢®³¤³ ¢®²³¨³´³¤² ³ «¤ ²³ ΔΏυ ®¥ ³§¤ ±¤¢¸¢«¤£ b5 wğƼƓŭ {ǤƭƷĻƒ ¯« ¢¤ ±¤¢« ¨¬¤£ ¬ ³¤±¨ «²Ǿ ¬ ³¤±¨ «² ¥®± ¤¶ ¨¥± ²³±´¢³´±¤ ²´¢§ Use Ordinance does not contain any 5²¤ offset potable wastewater generated annually and site at least 25% of the average standards or incentives for district provides at least 80% of the space conditioning and/or water heating requirements of at least two new ® £¶ ¸²Ǿ ¯ ±ª¨¦ «®³²Ǿ ¯±¤¢®²´¬¤± This credit is met where new ¯®²³¢®²´¬¤± reuse of that water to cooling. -retained and reused. Task 2.3 Green Building Code Evaluation § «¥ ®¥ ³§¤ on LEED energy reduction. ³§ ³ ³§¤ ²´¬ ®¥ !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ heating and ȃ ¯¯«¨¤² ³® ± 9ǝğƌǒğƷźƚƓ ¢®³¤³Ǿ ¨ ȃ Credit is £ ®¤ - on ağǣ \[995 ƦƚźƓƷƭ 2121 materials to reduce the adverse environmental efficient neighborhoods by employing related effects from energy used for operating public To reduce pollution from wastewater Ashland Unified Land Use Ordinance Project District Heating and Cooling effects of extracting and processing virgin district heating and cooling strategies that To encourage the development of To reduce adverse environmental 14: Wastewater Management To use recycled and reclaimed - reduce energy use and adverse energy 13: Infrastructure Energy 15: Recycled Content in and encourage water reuse. environmental effects. /ƩĻķźƷƭ Infrastructure March 18, 2013 infrastructure. Efficiency materials. GIB 12: b5 - Intent:Intent:Intent:Intent: Ώ energy GIB GIB GIB \[995 code to encourage the use of motion sensors (residential projects) and automatic controls otects sufficient daylight is available. In addition, 22 the views of the night sky. See recommended page adopting standards and/or incentives for Amend the outdoor lighting section of glow and pr No ordinance change recommended. that turn off exterior lighting when - lighting that reduces sky guidelines, per GIB 17. wĻĭƚƒƒĻƓķğƷźƚƓ 1 ¬ ³¤±¨ «² ¥®± ³§¤ ¡®µ¤Ǿ £ ²³®±¬¶ ³¤±Ǿ ent with the intent of GIB 16, as credit however if the site does not have waste service provider does not collect currently contain standards for reducing ction 18.72.140 Light primarily intended to protect residential difficult for developers to achieve this ±¤³¤³¨® ²³±´¢³´±¤²Ǿ ¡ ²¤ £ ²´¡¡ ²¤ and Glare Performance Standards are multifamily developments. It may be separation, collection, and storage of b5 wğƼƓŭ {ǤƭƷĻƒ (e.g., in a garden) and the local solid areas from excessive light and glare, ay to use composted food waste vertical clearances over streets and ²¨£¤¶ «ª²Ǿ ´¨³ ¯ µ¨¦Ǿ ¢´±¡²Ǿ ¶ ³¤± The recycling facility standards of The Land Use Ordinance does not while maintaining horizontal and they require recycling areas for Section 18.72.115 appear to be £¨²³±¨¡´³¨® £ ¶ ³¤± ¯¨¯¨¦ȁ materials in commercial and ² ¨³ ±¸ ²¤¶¤±Ǿ ²³¤ ¬ ¤¤±¦¸ - Task 2.3 Green Building Code Evaluation on LEED light pollution. Se food waste. !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ walkways. 9ǝğƌǒğƷźƚƓ consist a w ağǣ \[995 ƦƚźƓƷƭ 11 project glare reduction, and reduce adverse effects on deposited in landfills. To promote the proper Ashland Unified Land Use Ordinance Project access, improve nighttime visibility through glow to increase night sky To minimize light trespass from 16: Solid Waste Management 17: Light Pollution Reduction To reduce the volume of waste disposal of hazardous wastes. wildlife environments. /ƩĻķźƷƭ - sites, reduce sky March 18, 2013 b5 Intent:Intent: Ώ GIB \[995 GIB principal member of the project design team smart growth by Natural Resources Defense Council in consultation with Smart Growth nce change recommended. IDP 2 23 page is a professional who is credentialed in s credentialed by the also provides credit where at least one No ordinance change recommended.No ordinance change recommended. Congress for the New Urbanism. America, or who i wĻĭƚƒƒĻƓķğƷźƚƓ No ordina 1 Section 18.72.090 allows for exceptions granting the exception will result prerequisites under the city code is that part of the project team throughout the District Heating and Cooling (2 points), Communities, SLL 2 Imperiled Species , and SLL 4 LEED projects for review. One of the to the Site Design and Use Standards b5 wğƼƓŭ {ǤƭƷĻƒ Ashland are GIB 2 Building Energy 15.04.092 and 18.108.017 prioritize a LEED Accredited Professional be Stormwater Management, GIB 12 Municipal Code sections achieves the stated purpose of the The Regional Priority Credits for in a design that equally or better Agricultural Land Conservation. design and construction process. NPD 4 Mixed Income Diverse n. Efficiency (2 points), GIB 8 & Ecological Communities applicable ordinance sectio - Task 2.3 Green Building Code Evaluation on LEED !ƭŷƌğƓķ \[ğƓķ ƭĻ hƩķźƓğƓĭĻ DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ 9ǝğƌǒğƼƚƓͲ ĬğƭĻķ 9ǝğƌǒğƷźƚƓ Ashland where ağǣ \[995 ƦƚźƓƷƭ 54 - - 111 To support the integrated planning and borhood Development Rating design required for a LEED for Neighborhood To encourage exemplary performance geographically specific environmental, social Ashland Unified Land Use Ordinance Project To encourage strategies that address above the requirements set by the LEED for Neighborhood Development Rating System IDP 2: LEED Accredited Professional categories not specifically addressed by the and to streamline the and Exemplary building, smart growth, or new urbanist and/or innovative performance in green RPC 1: Regional Priority Credit application and certification process. equity, and public health priorities. LƓƓƚǝğƼƚƓ ğƓķ 5ĻƭźŭƓ tƩƚĭĻƭƭ Regional Priority Credit Innovation project /ƩĻķźƷƭ LEED for Neigh Performance March 18, 2013 Development b5 System. IDP 1: Intent:Intent:Intent: Ώ \[995 Memorandum To: Maria Harris, City of Ashland From: Scot Siegel, AICP, LEED AP Date: April 10, 2013 Subject: Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluation The City of Ashland requested an evaluation of the development review procedures contained in Municipal Code Title 18, the Land Use Ordinance, for consistency with adopted city goals and economic strategies. This memorandum summarizes our findings and recommendations. Specifically, we reviewed provisions of Title 18 to determine whether Increase the clarity, responsiveness, and certainty of the development process. Develop a ƭƦĻĭźŋĭ ğĭƼƚƓ ƦƌğƓ Ʒƚ ƩĻƭƦƚƓķ Ʒƚ ƷŷĻ ƩĻĭƚƒƒĻƓķğƼƚƓƭ ƚŅ ƷŷĻ ЋЉЉЏ ǒĭƉĻƩ ğƓķ {źĻŭĻƌ ) Reports. (Ashland City Council, Goals 2011-2012 In recent years, municipalities throughout the country have turned their attention toward regulatory reform as a means of supporting local economic development. desire for a clearer and more responsive and predictable development process is not unusual. A development process that provides a clear path for applicants and requires timeliness in decision-making, one that balances flexibility with certainty, is essential in a competitive marketplace for cities that want to retain and recruit key businesses. - use development proc Development Strategy, page 18) While some of these concepts are related to the Land Use Ordinance, others are not. Ashland Economic Development Strategy The following strategy and action items Strategy are applicable to the ULUO project: Strategy 7: Manage physical development process to ensure understandable ƩĻƨǒźƩĻƒĻƓƷƭ ǞźƷŷ ƼƒĻƌǤ ğƓķ ƦƩĻķźĭƷğĬƌĻ ƩĻƭǒƌƷƭ ǞŷźƌĻ ƭğŅĻŭǒğƩķźƓŭ ğƓķ źƒƦƩƚǝźƓŭ the quality of the environment and community. 15450 Boones Ferry Road, Suite 9-145, Lake Oswego, Oregon 97035 ph (503) 699-5850 / fax (503) 699-7044/ info@siegelplanning.com/ www.siegelplanning.com Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluationpage 2 March 7, 2013 !ĭƼƚƓ LƷĻƒ А͵Ћʹ /ƩĻğƷĻ źƓĭĻƓƼǝĻƭ ŅƚƩ ķĻǝĻƌƚƦƒĻƓƷ ğƦƦƌźĭğƼƚƓƭ ƷŷğƷ ƒĻĻƷ ĭĻƩƷğźƓ ƦƩĻ- deﬁned economic development eligibility criteria. ŷźƭ ğĭƼƚƓ źƭ ĬğƭĻķ ƚƓ ƷŷĻ ĭƚƓĭĻƦƷ ƷŷğƷ ƷŷĻ ğķƚƦƷĻķ 9ĭƚƓƚƒźĭ 5ĻǝĻƌƚƦƒĻƓƷ {ƷƩğƷĻŭǤ should contain speciﬁc goals that the business/development applicants can use as ĭƩźƷĻƩźğ ŅƚƩ ƦƩƚƆĻĭƷ ğƦƦƩƚǝğƌͲ ƦĻƩƒźƷ ŅĻĻƭ ƩĻķǒĭƼƚƓƭΉķĻŅĻƩƩğƌƭͲ ĻǣƦĻķźƷĻķ ƦƩƚƆĻĭƷ ƩĻǝźĻǞͲ etc. Criteria could include ensuring a certain number of jobs per acre, a target wage minimum (living/family wage) per job or other economic development/employment related benchmarks. The result would be three sets of criteria that would provide a roadmap for development in Ashland: 1) 5ĻƭźŭƓͲ ǒƭĻͲ ŅǒƓĭƼƚƓ ΛĻǣźƭƼƓŭΜͲ 2) "Green" criteƩźğ Λ\[995 ĭĻƩƼŋĭğƼƚƓͲ ƭƚƌğƩͲ ĻƓĻƩŭǤ ε ǞğƷĻƩ ĭƚƓƭĻƩǝğƼƚƓ ƷğƩŭĻƷƭΉĭğƦƭͲ ĻƷĭΜ ΛƭĻĻ ğĭƼƚƓ А͵ЏΜ 3) 9ĭƚƓƚƒźĭ ĭƩźƷĻƩźğ ΛƆƚĬ ĭƩĻğƼƚƓͲ ǞğŭĻ ƷğƩŭĻƷƭͲ ĻƷĭ͵Μ !ĭƼƚƓ LƷĻƒ А͵Ќʹ /ƚƓƭźķĻƩ ĭŷğƓŭĻƭ Ʒƚ \[ğƓķ ƭĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚķĻ ƷŷğƷ ƒğǤ ĬĻ źƓŷźĬźƼƓŭ redevelopment ƚƩ ƓĻǞ ĭƚƓƭƷƩǒĭƼƚƓ͵ ŷźƭ ğĭƼƚƓ ğƌźŭƓƭ ĭƌƚƭĻƌǤ ǞźƷŷ ğĭƼƚƓ А͵Њ ğƓķ ĭƚǒƌķ ĬĻ źƓĭƚƩƦƚƩğƷĻķ źƓƷƚ ƷŷĻ ğĭƼƚƓ ƦƌğƓ response to the Zucker and Siegel Reports by expanding the scope of the review and ƩĻƭǒƌƼƓŭ ƦƩƚƦƚƭĻķ ğĭƼƚƓƭ͵ ŷĻ {źĻŭĻƌ wĻƦƚƩƷ Ǟğƭ ğ ЋЉЉЏ ƩĻǝźĻw of the land use code to źķĻƓƼŅǤ źƓƷĻƩƓğƌ ğƓķ ĻǣƷĻƩƓğƌ ĭƚƓŤźĭƷƭͲ źƓĭƚƓƭźƭƷĻƓĭźĻƭͲ ĻƩƩƚƩƭͲ ƓĻĻķĻķ ǒƦķğƷĻƭͲ ĻƷĭ͵ !ƭ ƷŷĻ ğĭƼƚƓ ƦƌğƓ źƭ ķĻǝĻƌƚƦĻķͲ ƷŷĻ ƭĭƚƦĻ ƚŅ ƷŷĻ ƩĻƭƦƚƓƭĻ ƭŷƚǒƌķ źƓĭƌǒķĻͲ ƚƩ ĬĻ ŅƚƌƌƚǞĻķ ǞźƷŷͲ ğ ƩĻǝźĻǞ ƚŅ ƷŷĻ ƩĻĭƚƒƒĻƓķğƼƚƓƭ ğƭ ƷŷĻǤ ƒğǤ ƩĻƌğƷĻ Ʒƚ ĭǒƩƩĻƓƷ ķĻǝĻƌƚƦƒĻƓƷΉĭƚƓƭƷƩǒĭƼƚƓ ƌźƒźƷğƼƚƓƭ ƚƩ ĭƚƓŤźĭƷƭ źķĻƓƼŋĻķ ĬǤ ƷŷĻ ĬǒƭźƓĻƭƭ ƩĻƷĻƓƼƚƓ ğƓķ ĻǣƦğƓƭźƚƓ ƭǒƩǝĻǤ ΛğĭƼƚƓ Њ͵ЋΜ and business expansion analysis ΛğĭƼƚƓ Џ͵ЏΜ͵ Approach In response to the above City goal and strategies, we reviewed the existing Land Use Ordinance against minimum state requirements in ORS 227 City Planning and Zoning. In making against the statutory minimum requirements, including but not limited to: ORS 227.175 Application for permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision without hearing ORS 227.178 Final action on certain applications required within 120 days; procedure; exceptions; refund of fees ORS 227.180 Review of action on permit application (appeals); fees We also reviewed the ordinance changes that the City has made since 2006 and those that are contained in the current draft Unified Land Use Ordinance. Our findings are presented as follows: Table 1, beginning on page 3, reviews the status the development process recommendations contained in 2006 Land Use Ordinance Evaluation and Action Plan. The table identifies code changes the City has made consistent with the above economic goals and strategies, and those that are pending the adoption of the ULUO update. Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluationpage 3 March 7, 2013 Second, beginning on page 8, we have identified additional code changes not currently contained in the ULUO update that would facilitate redevelopment and new construction. This information is summarized in Table 2. Third, we have attached sample amendments for the Unified Land Use Ordinance Overall Conclusions m statutory requirements for land use applications. For example, the Land Use Ordinance provides for a determination of 18.108.050.B), and it establishes a deadline of 45 days for issuing Type 1 decisions (Section 18.108.040.D), which is intended allow a final decision on appeal within 120 days as required by statute. Additionally, the Ordinance contains public notice and hearing procedures that generally follow those in statute, and it provides for consolidated reviews of multiple applications, which saves time (Section 18.108.025). Ordinance requirements but a lack of clarity and internal conflicts in the Ordinance. In 2008 and 2010 the City amended several sections of Title 18, and more clarifications are proposed through the ULUO project that should help with this. The review procedures that have become more stringent in recent years are those related to Site Review. Previously, only large-scale projects in the Detail Site Review zone required public hearings. But since 2008, the Ordinance has required hearings for projects in other areas, including buildings of 2,500 square feet, or a 10% of an addition, in the Downtown Design Standards Zone. input in the development process. Sometimes a public hearing can be the best way to reduce confusion about a development proposal and avoid unnecessary appeals, thereby saving the applicant and City staff time. Rather than recommending the City reverse course and require fewer hearings, we have recommended changing the effective date of quasi-judicial (Type 2) approvals from 13 days to 10 days, as allowed by statute, so that an approved building project can begin that much sooner. (See ULUO Section 18-5.1.060.F) On balance, the proposed changes, along with code clarifications, should help applicants avoid unnecessary . We also considered but dismissed procedural changes that would save an applicant time in the short-term but could potentially add review time or compromise neighborhood livability in the long-term. For example, some cities have a threshold for Type 2 variances that is 1 as some cities allow, fewer variances would require public hearings initially, but more might be appealed. Other Ordinance recommendations not already contained in the draft ULUO are outlined in Table 2. further recommendations for ΐ variance to a 15 foot setback standard would permit a 13.5 foot setback. Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluation page 4 March 7, 2013 improving the business environment in Ashland, only some of which are related to city land use procedures. Please refer to the following tables for more detailed findings and recommendations. This section is noted as amended by Ord 2951, Section 18.68.090 has not been amended since Ord 2951, enacted on 07/01/2008, edited some 5.1 consolidates SDR submittal requirements providing a more Ord 2951, enacted on 07/01/2008, revised the these 07/01/2008, though the requirements appear 5.2 further 5 page 1.4 addresses of 2006 Recommendations and of the SDR application requirements, and clarifies the review procedures. The draft ULUO implements this - - rganization. ULUO 18 referencing 18.108. ULUO 18 clarifies SDR requirements. Proposed ULUO Changes - 2006. ULUO Chapter 18 5..6. 4 --- recommendations. 1818See ULUO Part 18 dation. ULUO Part Part Process Recommendations unchanged. ULUO recommen logical o Status See See Create a unified code to clarify and centralize Simplify application requirements/coordinate review types for specific land uses contained requirements. Refer to separate fee schedule. Performance Standards Development, CUP, Differentiate between Clarify criteria and procedure for altering a and improve Clarify thresholds for Staff Permit, Type I, review for consistency with other chapters. conforming Edit the list of submittal requirements and definitions in Definitions chapter. Review energy source/demand submittal Remove dollar amount from application with (This recommendation extends to other Siegel Report Review, Consolidate design standards (Streets Handbook and Site Design and Use and Type II reviews, and reconcile making. Development - procedures, remove conflicts, Design conforming uses and non ordinance sections as well.) Standards) in unified code. . - Partition Recommendation in 2006 predictability in decision Site conforming use. and with chapters on Status of 2006 Land Use Ordinance Evaluation and Action Plan developments. in base zones. Subdivision, requirement. sk 2.2 Procedures Evaluation Conflict -- nonnon Existing LUO 18.64 18.62.0409018.70.07018.72.02018.72.04018.72.060 Sections 0 18.68.18.14 Ta N/A Ashland Unified Land Use Ordinance Project Review Types ications Definitions onforming Use Procedure Protection from Shading Permit Physical Constraints Review Appl Unified Development Code Site Design Review Site Design Review Site Design Review March 7, 2013 - Table 1 Topics C - Non relationship between the SDUS Manual and the Standards Handbook into the ULUO, it should Ord 3054, enacted on 12/16/2011, revised this 4.1.030 and Chapter LUO. Ord 2951, enacted on 07/01/2008, clarified the introductory paragraph of the approval criteria but did not address the other recommendations. provides for exceptions to the SDUS based on recommendation. Section 18.72.090 currently hardship (variance) type criteria or where the Ord 2950, enacted on 07/01/2008, and Ord or better achieves the stated purpose of the 5.3.020 addresses them. clarified the By incorporating LUO chapter 18.72, the nce 6 LUO and added applicability statements. U page The SDUS have been incorporated into of 2006 Recommendations and SDUS Manual, and the Street Design multiple design standards documents. refere This recommendation has not been ted to date. See Table 2. 18.5.5 carry this change forward. - no longer be necessary to crosst the 2006 3054, enacted on 12/16/2011, - Proposed ULUO Changes ion 18 section to implemen SDUS. ULUO Sect - ULUO Section 18 Process Recommendations implemen Status in code exceptions, variance (hardship) should not be required to modify a discretionary standard or guideline.Consolidate landscaping, conservation, light limitation A (modifications to and glare, access, wireless, and recycling not a flag lot or Streamline the review process for simple . andards. modifications to other SDUS provisions Siegel Reportand add criteria for anual and Land Use Update SDUS and clarify relationship Planning objective standards or criteria), and clarify Development partition conformity to Street St which partitions the must review; - Distinguish between built Type 1 if Recommendation in 2006 . administrative variances within an overlay zone) standards into SDUS. on serial partitions; SDUS M Status of 2006 Land Use Ordinance Evaluation and Action Plan partitions (e.g., Commission Ordinance. sk 2.2 Procedures Evaluation between Clarify Existing LUO 18.72.110 18.72.08018.72.09018.72.18018.76.04018.76.050 Sections Ta Ashland Unified Land Use Ordinance Project SDUS Manual Administrative Preliminary Approval by \[Exception to the Site Design and Use Standards\] Standards Administrative the Planning Commission Preliminary Approval Variance from SDUS Site Design Review Site Design Review Site Design Review March 7, 2013 Partitions Partitions - Table 1 Topics 07/01/2008, removed the redundant notification procedure for flag lots, - Ord 2951, enacted on 07/01/2008, added the but the current code does not indicate which type of review is required. ULUO Section 18 7 page of 2006 Recommendations and This recommendation has not been 5.3.5.3.5.3.4.6.5.5. Proposed ULUO Changes ----- 5.3.030 addresses this. See ULUO Chapter 18See ULUO Chapter 18See ULUO Chapter 18See ULUO Chapter 18See ULUO Chapter 18 Ord 2951, enacted on 6.4. implemented to date. expiration provision. -- See ULUO Part 18See ULUO Part 18 Process Recommendations Status reference standards in Street Standards Reconcile conflicts between design standards contained in 18.88 and those in other chapters notification procedure for flag lot approvals with reference to standard standards and performance option standards. Constraints chapters where ordinance allows Under ORS variances to flag lot drive maximum grade. 92, plats are final partition or subdivision Move definitions to Definitions chapter. eference Tree Protection and Physical Recommendation to merge subdivision Siegel Report Remove reference to minor and major Clarify which code provisions can be Development Plan. . Add expiration provisions.Use consistent terminology Add expiration provision. modified with a variance. Rename this Preliminary Recommendation in 2006 plans that get recorded. redundant Type I procedure. Status of 2006 Land Use Ordinance Evaluation and Action Plan and handbooks. Handbook. partitions. sk 2.2 Procedures Evaluation Replace - Cross R Existing LUO 18.76.110 18.100.010 \[18.76.75\] 18.76.06018.76.19018.80.04018.80.06018.82.02018.88.02018.88.050 Sections Ta 0 18.8 Ashland Unified Land Use Ordinance Project Preliminary Approval of Expiration of Preliminary Final Map Requirements, s Street and Greenway Dedication Preliminary Plat Performance Standards Option Performance Standards Option Improvements Application General Partition Plan \[New\] Street Standards Flag Partitions Subdivisions Subdivisions Subdivisions March 7, 2013 Definitions Variances Partitions -Partition Partition Table 1 Topics etc. implements 5.1.040. The draft does 2.3.040 for proposed teness because ministerial - 8 page this recommendation. ULUO Section 18 of 2006 Recommendations and Accessory Residential Use standards. Ord 2951, enacted on 07/01/2008, 2.5.080. 5.4.030 carries this forward. 5.5.5.5.5.4.5.4. Proposed ULUO Changes ----- -- See ULUO Chapter 18Chapter 18UO Chapter 18See ULUO Chapter 18See ULUO Chapter 18 See ULUO Section 18See ULUO Section 18 6. - See ULUO Part 18 not define comple See ULUO Process Recommendations See UL Status revisions \[as needed\] to continually maintain vicinity and add hours of operation to list of concerns about conditional uses conflicting reviews when an action requires more than 1 zone, or if Recommended language for consolidating to require periodic renewal of regulatory policies should apply. Address Comprehensive Plan policies apply, only ss Consider whether Accessory Residential allow for approval, testing, and potential Clarify the application requirements and Move definitions to Definitions chapter. Clarify affordable housing requirements. Siegel Report Add section with approval criteria for determinations on ministerial actions. code should continue to require CUP. Revise language for completeness review procedure(s) for variances. Update CUP approval criteria. If Development - Units are a target use in the R Recommendation in 2006 factors to be considered. Status of 2006 Land Use Ordinance Evaluation and Action Plan one approval. Add option variances. sk 2.2 Procedures Evaluation Existing LUO \[18.100.025\] 18.106.030.G 18.100.02018.104.02018.104.05018.104.06018.108.02018.108.022 Sections Ta Ashland Unified Land Use Ordinance Project Approval Approval Standards Types of Procedures Ministerial Action Approval Criteria Conditional Use Permits Conditional Use Permits Conditional Use Permits Application Annexations March 7, 2013 Procedures Procedures Definitions Variances Variances Conditions - Table 1 \[NEW\]Criteria Topics because in 2008 the code was amended by Ord for various types of reviews is pending. This is The recommendation related to changes of use regulatory changes, such as financial important policy issue is whether there might The recommendation to revise the thresholds - This change avoids unnecessary delays. See Applicability section. See ULUO Section 18 decisions do not require discretion. A more This recommendation is no longer relevant 2951 to remove the Staff Permit procedure. be any more planning actions that can be rough the 9 page amendments to the Site Design Review . Table 2 is addressed, in part, through proposed of 2006 Recommendations and approved through ministerial review. e 2. The City of Ashland has already made several important changes to its development review procedures, and more are proposed th 5.1.060.F. recommendations for improving the business environment in Ashland, only some of which are related to city land use procedures a key policy issue. See Tabl 1.5. Proposed ULUO Changes - See ULUO Chapter 18 - ULUO Section 18 Process Recommendations 5.2.020. Status - amending its land use regulations. Non e family dwellings do not require and Type II reviews, so that staff can approve Revise effective date of decision from 13 days thresholds for Staff Permit, Type I, Site Design Review under subsection A.5. to 10 days, as provided by statute to save Siegel Report Clarify procedure for interpretations. Clarify criteria for changes of use. Development ULUO project that over time will facilitate new construction and redevelopment. incentives, interagency coordination, and technical assistance, are not addressed. Recommendation in 2006 Status of 2006 Land Use Ordinance Evaluation and Action Plan minor actions Clarify singl identifies additional process improvements the City could make by sk 2.2 Procedures Evaluation Revise time. Existing LUO 18.108.03018.108.04018.108.07018.108.160 Sections Ta Ashland Unified Land Use Ordinance Project Staff Permit Procedure Type 2 Planning Actions Effective Date of Decision and Type 1 Procedure Ordinance Interpretations March 7, 2013 Conclusion Procedures Procedures Procedures - Appeals Table 1 Topics Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluation Page 12 March 7, 2013 18-5.1.090 Neighborhood Contact This section is based on a similar provision contained in the Oregon Model Development Comment: Code, which is intended to help resolve site design and land use issues between developers and adjacent property owners prior to the city reviewing application and beginning the 120-day clock. The notification radius of 200 feet (measured from parcel boundaries) is intended to be consistent with the notice requirements of other ALUO code sections. A. Purpose and Applicability. Applicants for projects requiring a Type II or Type III review are required to contact \[City-recognized neighborhood associations / (and/or) neighboring property owners within (x) feet\] and offer to meet with them prior to submitting an application. This is to ensure that affected property owners are given an opportunity to preview a proposal and offer input to the applicant before a plan is formally submitted to the City, thereby raising any concerns about changes can be made relatively inexpensively. B.Notice. Notice of the meeting must be given in writing and delivered in person, or by certified mail, to all of the property owners whose property is located within two hundred (200) feet of the site, at the meeting and at least twenty-one (21) days before submitting the application to the City. The notice must state the time, place and purpose of the meeting, including a description of the proposed development. C. Meeting Place, Date and Time. The meeting must be held within the City limits at a location obtained or provided by the applicant with sufficient room for the expected attendance. The meeting place must be accessible to persons with disabilities. It must be scheduled at a date and time reasonably calculated to allow maximum participation by interested property owners. D. Conduct of Meeting. nt, must present sufficient information about the proposed development to inform the property owners in attendance of the nature of the proposal and impacts it may have on neighboring properties, including transportation impacts. Persons attending must be allowed to ask questions and make comments. The applicant, or meeting that give a true reflection of the matters discussed at the meeting and the views of the participants. The applicant must also make a list of names of persons attending the meeting. E. Filing Requirements. Proof of having held the meeting, even if no affected property owners attend, is required and must be submitted to the City with a land use application for the application to be deemed complete. Copies of the following information must accompany the land use application: a copy of the notice mailed, certified mail receipts, all addresses for which notice was mailed (e.g., copy of mailing labels), a certificate of personal service as to those persons who were provided notice by personal service (including the date of service and the name of the person who provided service), a record or minutes of the meeting with a list of attendees, and copies of the meeting notice and all other written materials provided prior to or distributed at the meeting. Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluation Page 13 March 14, 2013 18-5.2.030 Review Procedures The following amendments to the thresholds for Type I/II Site Design Review are Comment: intended to implement the recommendation that fewer small economic development projects require a public hearing. A. Type I Review. Except as provided by subsections B through E, below, Site Design Review applications are approved through a Type I review, pursuant to section 18- 5.1.050. B. Uses in C-1, E-1, HC and M Zones. In the C-1, E-1, HC and M zones, but not within the Downtown Design Standards zone, new structures, expansions and additions greater than fifty percent (50%) twenty percent (20%) add greater than 10,000 square feet of gross floor area, whichever is less, are subject to Type II review. C. Downtown Design Standards Zone. In the Downtown Design Standards zone, development with greater than 2,500 square feet gross ground floor area, or that adds ground floor area, whichever is greater, less, or that adds a building story, is subject to Type II review. D. Detail Site Review Zone. In the Detail Site Review zone, development that is greater than 10,000 square feet in gross floor area is subject to Type II review. E. Croman Mill Zone. In the Croman Mill zone, new structures or additions greater than 15,000 square feet in gross floor area is subject to Type II review. *** 18-5.2.070 Approval Period and Extensions This amendment revises the expiration date for site design reviews from 12 months Comment: to 18 or 24 months, to add flexibility for owners and save costs in renewing permits. Any change to the expiration period for site design review approvals should be coordinated with the expiration date on conditional use permits. Development shall not commence until the applicant has received all applicable land use and development approvals. Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require bonding or other guarantees for improvements. Site Design Review approvals are subject to all of the following standards and limitations: A.Approval Period. Site Design Review approvals shall be effective for a period of \[eighteen / twenty-four (18/24)\] twelve (12) months from the date of approval. The approval shall lapse if the project is not permitted and under construction within one year of approval; or Ashland Unified Land Use Ordinance Project Task 2.2 Procedures Evaluation Page 14 March 14, 2013 *** 18-5.4.050 Revocation; Abandonment This amendment revises the expiration date for conditional use permits from 12 Comment: months to 18 or 24 months, to add flexibility for owners and save costs in renewing permits. Any change to the expiration period for conditional use permits should be coordinated with the expiration date on site design review approvals. Unless the approval authority specifically allows a longer period, any conditional use permit approved under this section, including any declared phase, shall be deemed revoked if the proposed use or phase is not commenced within \[eighteen / twenty-four (18/24)\] twelve (12) months of the date of approval. A use or phase shall not be considered commenced until the permittee has actually obtained a building permit and commenced construction or has actually commenced the conditional use on the premises. If the permit requires site design review approval under chapter 18-5.2, the permit shall be deemed revoked if the use or phase is not developed within \[eighteen / twenty-four (18/24)\] twelve (12) months of the date of site design review approval. A conditional use is deemed void if discontinued or abandoned for a period of six (6) consecutive months. *** -end- A – Residential Infill Development 50.08.007 RESIDENTIAL INFILL DEVELOPMENT (RID) 1. PURPOSE The purpose of this section is to: a. Provide an alternative process for the review of building permits for construction or alteration of outright permitted residential dwellings and accessory structures in residential zones where the clear and objective development standards of the Code conflict with or prevent development that may otherwise be compatible with the character of the neighborhood and surrounding residential development. b. Ensure that new development is consistent with the character of development envisioned for neighborhoods in Lake Oswego. c. Ensure that new development is compatible with existing, surrounding residential development. (Ord. 2579, Repealed and Replaced, 03/20/2012) 2. APPLICABILITY This standard is applicable to minor developments listed in LOC 50.07.003.14.a.ii(15) where an applicant has requested approval of an alternative design that does not meet the clear and objective development standards of the Code but may otherwise be compatible with the character of the neighborhood and surrounding residential development. Cross-Reference: \[ See LOC 50.07.003.3.d, Residential Infill Design Review Notice, and 50.07.03.14.d.iii(2), Final RID Application, for notice and decision process for RID review applications.\] (Ord. 2579, Repealed and Replaced, 03/20/2012) 3. AUTHORIZATION AND CRITERIA a. In considering an application for residential infill design review, the City Manager shall apply the building height, lot coverage, floor area, yard setback, Oswego Lake setback, front setback plane, side yard setback elevation requirements, garage appearance and location and accessory structure requirements of the underlying zone, and the height and footprint requirements in the Oswego Lake setback (LOC 50.04.003.7), including such requirements created or modified by a planned development overlay. b. The City Manager may grant exceptions to the applicable requirements listed in LOC50.08.007.3.a if the applicant demonstrates that the proposed residential dwelling or accessory structure design results in development that is equal to or better than development that would meet the clear and objective standards listed in LOC 50.08.007.3.a for the applicable zone. In making this determination, the City Manager shall consider the following: i. Residential Dwelling or Accessory Structure Size (1) Intent Compatible infill is ensured through a mix of standards addressing lot dimensions and maximum allowable floor areas. These standards are intended to reflect the size of building(s) that can be reasonably located and shaped to suit the scale and character of a neighborhood. The Code establishes that maximum allowable floor area and its location on a lot through the following standards: (a) Floor area; (b) Lot coverage; (c) Yard setbacks; (d) Building height; (e) Accessory structures; (f) Boathouse footprint; and (g) Height of accessory structures in the Oswego Lake setback. (2) Criteria The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.i(1)of this section, when a more compatible, positive relationship between the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that diminish the perceived scale and improve the perceived character of greater size. That review will include consideration of: (a) Distance and visibility from street and adjoining properties; (b) Topography; (c) Building number (more smaller versus one larger, for example); (d) Building form(s), massing and orientation; and (e) Landscaping. (3) Oswego Lake Setback Exception Limitations For accessory structures in the Oswego Lake setback, no height exception shall be granted above 18 ft. and no boathouse footprint exception shall be granted to allow more than 800 sq. ft. ii. Relationship to the Street (1) Intent Compatible infill is development that makes a positive contribution to the scale and character of a neighborhood’s streetscape. While this scale and character will vary from neighborhood to neighborhood and from street to street, a positive contribution is typically one that enhances the safety and experience of a pedestrian using the street. The Code establishes the relationship of a building’s location and form relative to the street through the following standards: (a) Front yard setback; (b) Front setback plane; and (c) Garage door openings. (2) Criteria The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.ii(1) of this section when a more compatible, positive relationship between a proposed design and the scale and character of the street can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that enhance the perceived scale and character of the street from a pedestrian’s perspective. That review will include consideration of: (a) Distance and visibility from street; (b) Prevailing patterns of front yard setback, building alignment and spacing (rhythm); (c) Topography; (d) Preservation of existing trees and features of perceived value to the street; (e) Perceived building form, proportion, massing and orientation relative to the street; (f) Porch and/or entry location and treatment relative to the street; (g) Garage distance and visibility from the street; (h) Perceived size and scale of garage doors from the street; (i) Perceived area and scale of driveways and parking areas from the street; (j) Fencing or screens; and (k) Landscaping. iii. Relationship to the Neighbors (1) Intent Compatible infill does not diminish the scale, character or privacy of neighboring residences. While the scale, character and privacy of one building relative to another will vary from street to street, and from lot to lot, a positive contribution is typically one that adjusts the location and perceived scale, character and views from or to a new residential dwelling or accessory structure to avoid visual conflict with neighbors. The Code establishes the relationship of a building’s location and form relative to its neighbors through the following standards: (a) Side yard setback; and (b) Side wall elevation. (2) Criteria The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.iii(1) of this section when a more compatible, positive relationship between a residential dwelling or accessory structure and the scale, character and privacy of its neighbors can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that enhance perceived scale, character and privacy relative to adjoining properties. That review will include consideration of: (a) Distance and visibility from adjoining properties; (b) Preservation of existing trees and features of perceived value to adjoining properties; (c) Topography; (d) Perceived building height, form, proportion, massing and orientation relative to adjoining properties; (e) Treatment of elevations exposed to adjoining properties; (f) Perceived sight lines to and from windows, decks and outdoor living spaces; (g) Fencing or screening; and (h) Landscaping. c. When applying the criteria for compatibility of residential dwelling or accessory structure size, relationship to the street, and relationship to neighbors as set forth in LOC 50.08.007.3.b, the City Manager shall consider the pattern and character of development of all lots within 200 ft. of the subject site. The City Manager shall also consider any neighborhood design objectives or guidelines for residential development that have been adopted by the local neighborhood association. (Ord. 2579, Repealed and Replaced, 03/20/2012) Attached Accessory Structures (1) . If attached to the primary building or separated by a breezeway, accessory structures shall fulfill the front, side and rear building setbacks of the primary building. These standards are stated in Table 210-3. Detached Accessory Structures (2) . If detached and located behind the rear-most line of the main building, or a minimum of 50 feet from the front lot line, whichever is greater, any structure in compliance with the Oregon Structural Specialty Code for residential may be located adjacent to or on the rear and/or side lot line not fronting on a street. 220.390 Additional Regulations . Accessory Home Occupation A. . See Section 310. Demolitions B. . Demolition of all buildings is regulated by the Building Code currently adopted by the City of Wood Village. Design Review C. . Design Review is required for all uses & developments except detached single-dwelling units in light residential zones. See Section 630. Parking and Loading D.. See Section 350. Planned Unit Development E. . See Section 360. Public Access F. . All lots in the district shall have frontage or approved access to public streets, public water and public sewer before construction shall be permitted. Sale or Conveyance Prohibited G. . No sale or conveyance of any portion of a lot, for other than a public purpose, shall leave a structure on the remainder of the lot with less than the minimum lot or setback requirements of the zone. Signs H. . See Section 370. Solid Waste, Mixed and Recyclables Storage I. is required for new multi-unit residential buildings containing five or more units. See Section 390. 220.400. Cottage Housing A.Purpose 1.To support more efficient use of urban residential land; 2.To support development of diverse housing in accordance with the Comprehensive Plan; 3.To increase the variety of housing types available to smaller households; 4.To provide opportunity for small, detached housing within existing neighborhoods; 2-21 5.To provide opportunity for creative, diverse and high quality infill development that is compatible with existing neighborhoods. B. Definition of Cottage Housing Development A development of detached dwellings which has the following characteristics: 1. Each unit is of a size and function suitable for a single person or small family; 2. Each unit has the construction characteristics of a single-family house; 3. The density of the development is typically 7 to 14 units per acre; 4. All units may be located on a commonly owned piece of property, or on individual lots; 5. The development is designed with a coherent concept and includes: private and shared usable open space; off-street parking, access within the site and from the site, amenities such as a multipurpose room, workshop, garden, and a coordinated landscape plan. 6.Cottage design incorporates classic cottage features or northwest style using quality materials. 7.Common area maintenance is shared equally and assured by a recorded agreement of Codes, Covenants and Restrictions (C.C.& R.s). 8. Cottage Housing developments shall be separate from each other by at least 1,000 feet. C. Applicability and Review Procedure 1. Cottage Housing is a permitted use in the Multi-Residential zones MR2 and MR4 Except that land zoned MR2 on NE Sandy Blvd. will not permit cottage zones. housing because of the heavy commercial and industrial character of this area. A Cottage Housing development proposal is reviewed in accordance with the Design Review Standards of Section 630. If the proposal includes a land division, applicable land division standards of Section 450 also apply. These permits may be requested simultaneously. Review Criteria: 2.Approval of a Cottage Housing Development shall be based upon evidence that the proposal meets the Purpose and Definition of Cottage Housing described above in Sections A and B. D.Ownership: Cottage Housing developments are sited on one commonly owned parcel, or individual parcels may be created by subdividing the land with shared amenities owned in common. Cottages are for residential use only and may not be operated as transient accommodations. E.Size of Unit: The maximum square footage of each dwelling may not exceed 1,200 square feet. F.Number of Cottages Allowed: Two cottage housing units shall be allowed in place of each single-family home allowed by the base density of the zone. G.Maximum number of Cottages in a development: Cottage housing units shall be developed in clusters of a minimum of 4 units to a maximum of 12 units. 2-22 H.Maximum Height: The height limit for all structures shall not exceed 18 feet. Cottage or amenity buildings having pitched roofs with a minimum slope of 6:12 may extend up to 30 feet at the ridge of the roof. I.Common Space: Cottage units shall be oriented around a central common space. The common open space must be at least 400 square feet per cottage housing unit. The common open space shall have cottage units facing at least two sides. Open space with a dimension of less than 20 feet shall not be included in the calculated common open space. J.Useable Porches: Each unit shall have a covered porch with an area of at least 80 square feet and a minimum dimension of 5 feet. The porches on at least half of the units shall face the common space. K.Architectural Elements and Materials: Cottages fronting on a street shall avoid blank walls by including at least one of the following: 1.Changes in exterior siding material and paint color; 2.Windows which may include bay windows; and/or 3.Building modulation with a depth measuring at least one foot. Structures shall be provided with substantial exterior trim elements consistent with traditional northwest cottage design and small home craftsmanship. Roofs shall have eaves to efficiently shed rain. Alternative trim and eave designs shall demonstrate coherent cottage design based upon traditional design principles and weather protection. Window and door trim shall be a minimum width of 3 ½ inches. Eaves of at least 12 inches shall be provided on at least two sides of each building, located on the longest parallel walls when the structure is not square. L.Private Ground Space: Each cottage housing unit shall be provided with a private use open space on the ground of at least 300 square feet with no dimension of less than 10 feet on one side. It should be contiguous to each cottage, for exclusive use of the cottage resident, and oriented toward the common open space. M.Separation of Structures: All structures shall maintain no less than 10 feet of separation within the cluster. However, a zero lot line on one side of each structure may be considered as long as the entire development uses the same zero lot line pattern. Eaves may project into the required separation up to 12 inches. N.Parking Requirements: There shall be at least one (1) off street parking space per dwelling unit. O.Parking Design: Parking lots or structures shall be: 1.Setback a minimum of 5 20 feet from the street, depending on the orientation of the structure or lot. If the structure or lot is perpendicular to the street, that narrow dimension may be within 5 feet of the street. If parallel to the street the lot or structure must be at least 20 feet from the street. 2-23 2.Clustered and separated from the common areas by landscaping and/or an architectural screen. Solid board fencing shall not be allowed as an architectural screen. 3.Screened from public streets and adjacent residential uses by a landscaping and/or architectural screen, which shall not include a solid board fence. 4. Parking structures should be limited in size to maintain the single-family building scale, with a maximum of six spaces per structure. P.Garages: Individual garages shall be located on the sides or rear of a cottage, or on an alley, and shall not be located in a front yard unless it is the only option. The face of a garage may only face a street if it has at least a five (5) foot increase in setback from that of the house foundation. Detached garages shall have a pitched roof with a slope of at least 6:12. Q.Setbacks: Setbacks for all structures from the property line shall be an average of 10 feet, but shall not be less than 5 feet, and not less than 15 feet from a public street. Zero lot line setbacks on one side of each unit may be considered. R.Maximum Lot Coverage: The total footprint of all structures shall not exceed 40% of the site area. Impervious surfaces shall not exceed 60% of the site area. S.Fences: All fences on the interior of the development shall be no more than 3.5 in height. Fences along the exterior of the development may be up to 8 feet in height, except as restricted by intersection clear vision standards. Chain link fences shall not be allowed. 2-24 2.2 Residential (R) Land Use Districts Housing Variety Standards 2.2.080 Housing Variety Standards A.Purpose. Require new neighborhoods and large subdivisions to contain a variety of housing types. Housing variety is in the public interest because it supports housing at price ranges and rent levels that are commensurate to local incomes, promotes livability by offering housing choices, and contributes to the development of complete neighborhoods, consistent with the Comprehensive Plan. B.Applicability. Section 2.2.080 applies to land divisions creating or having the potential to create twenty (20) or more lots on any parcel or contiguous parcels in the RL and RM zones. development (acres and dwellings) and potential future development on contiguous land ownership by the same individual, group, organization, corporation or other legal entity; or such entity holds a majority interest. The standards of this Section may be adjusted through a Type II review, provided the adjustment is consistent with the above purpose and the applicant demonstrates that an alternative proposal meets the intent of the standard. C.Housing Variety Standards. Project proposals shall achieve a minimum of twelve (12) points based on the following criteria. Minimum Density (required). Projects are required to meet the minimum density 1. standard, per Table 2.2.030, except as allowed elsewhere in this code. No points are awarded for compliance with the minimum density standard. Option 1: Lot Size Variety. Choose one of the following options: 2. Criteria Points a) At least 10% of lots in the project are at least 20% 3 sma b) At least 20% of lots in the project are at least 20% 6 c) At least 30% of lots in the project are at least 20% 9 * Percentages are rounded to closest whole percent (1%); fractional points are not awarded. City of Dallas 2-25 Development Code 2.2 Residential (R) Land Use Districts Housing Variety Standards Option 2: Housing choices. Choose one of the following options: 3. Criteria Points a) At least 10% of the dwelling units in the project 3 b) At least 20% of the dwelling units in the project 6 c) At least 30% of the dwelling units in the project 9 * Small housing types are dwelling units that individually contain less than 1,600 square feet of enclosed floor area excluding garages. Percentages are rounded to closest whole percent (1%); fractional points are not awarded. Affordable housing. Choose one of the following options: 4. Criteria Points a) At least 15% of the dwelling units in the project reserved for qualifying buyers or renters with 6 incomes at or below Polk County area median income.* b) At least 10% of the dwelling units in the project reserved for qualifying buyers or renters with 6 incomes at or below 80% of Polk County area median income.* c) At least 5% of the dwelling units in the project reserved for qualifying buyers or renters with 6 incomes at or below 60% of Polk County area median income.* *Income levels determined based on household size and other factors, in accordance with U.S. Department of Housing and Urban Development criteria. Housing must ensure housing affordability through deed-restrictions for a period not less than 15 years. Percentages are rounded to closest whole percent (1%); fractional points are not awarded. A development agreement is required. 2.2.090 Low-Impact Development Incentives A.Purpose. The Dallas Development Code promotes low-impact development through a combination of requirements and incentives for compact urban growth, mixed-use development, pedestrian oriented design, and protection of natural features. Section 2.2.090 City of Dallas 2-26 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development provides additional incentives for reducing development impacts associated with storm water runoff, loss of open space, energy consumption, and water use. The intent is to: Further reduce pollution from construction activities, such as soil erosion, waterway 1. sedimentation and airborne dust generation, by conserving additional land as open space. Further conserve existing natural areas and restore damaged areas to provide habitat and 2. promote biodiversity Limit disruption of natural hydrology by reducing impervious cover, increasing on-site 3. infiltration, and managing stormwater runoff. Reduce heat island effects, and thereby conserve energy during summer months, in large 4. multiple family and commercial developments with appropriate paving and roofing materials. Reduce light pollution, including excessive light and glare spilling over onto adjacent 5. properties and excessive illumination of the night sky. Promote water use efficiency in buildings and landscapes. 6. Promote the development and use of small-scale (e.g., household- and community-scale) 7. renewable energy Divert construction and demolition debris from the waste stream and conserve natural 8. resources by encouraging recycling and/or reuse of building materials. B.Applicability. The incentives under Section 2.2.090 are available to new subdivisions and projects requiring site design review approval or master plan approval. The provisions of this Section are voluntary; they consist of a set of performance standards and incentives for exemplary design. They are not subject to modification through an Adjustment or Variance. C.Low-Impact Development Incentives. Section 2.2.090 authorizes two types of incentives: (1) System Development Charge Credits and (2) Residential Density Bonuses, as described in subsections D and E. D.System Development Charge (SDC) Credits. SDC credit may be granted for projects that reduce the volume of stormwater runoff draining into the public storm sewer system. For eligible projects, the City grants SDC credits at a ratio of 1:1, not to exceed 50% of a -site retention facilities, regional retention facilities, or a combinat during the land use review phase of development for consistency with the City of Dallas City of Dallas 2-27 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development E.Residential Density Bonus. Project proposals meeting the criteria for Low-Impact Development and achieving a minimum of twelve (12) density bonus points, as specified by Section 2.2.090.F, are entitled to a density bonus, pursuant to the criteria in Table 2.2.090.E. Density bonus approvals shall be contingent upon the applicant meeting all applicable criteria under Section 2.2.090, including conditions of approval and performance guarantee, and may be binding under a development agreement; density bonus awards may be revoked, and/or other permits or approvals may be withheld if at any time a project is out of compliance with any one of those requirements and the applicant fails to correct the violation as specified by the City. Density bonus points are not transferable to other projects. Table 2.1.090.E Density Bonus Point Conversion Table Density Bonus Increase in Allowable Density (per base zone) Points 12 5% 20 10% 30 20% 35+ 25% F.Low-Impact Development Incentives. Compliance with the following minimum standards is required. Projects that achieve twelve (12) or more points based on the following criteria are eligible for a density bonus and/or an increase in allowable building height as specified by Section 2.2.030 and subsection 2.2.090.C (Low-Impact Density Bonus). Compliance with Article 3 Community Design Standards. Compliance with the base 1. requirements of Article 3 is required; no density bonus points are awarded for compliance with Article 3. Where the applicant has requested an adjustment to any provision of that Article, the City decision-making body shall consider whether the adjustment is consistent with the purpose and intent of Section 2.2.090 in deciding whether to grant a density bonus. Construction activity pollution prevention. An Erosion and Sediment Control (ESC) 2. Plan is required. The ESC Plan shall conform to the erosion and sedimentation requirements of the applicable erosion and sedimentation control standards and codes. No density bonus points are awarded for compliance with the minimum erosion and sediment control requirements. Green technology. Density bonus points may be awarded for projects incorporating green 3. building technology where such technology exceeds the minimum requirements of this Code. Density bonuses are awarded based on the point matrix in subsection 2.2.090.C City of Dallas 2-28 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development a. Green building certification supports Certified Green Buildings/Green Developments. sustainability through objective, third party review of building designs. Project proposals that meet the certification criteria (any level) under an ANSI-approved green building rating system (e.g., LEED-Homes, LEED-New Construction, LEED- Neighborhood Development; or National Green Building Standard for single family homes or Earth Advantage certified) for at least twenty percent (20%) of the dwellings in the development shall receive two (2) density bonus points in addition to points awarded under subsections b-q, below. While the applicant shall provide evidence that the project substantially conforms to the criteria for green certification through Site Design Review, however, certification is not required. b. Increased energy efficiency in buildings supports Energy efficiency in buildings. sustainability by conserving natural resources and reducing greenhouse emissions, which contribute to global warming. All residential buildings must comply with the minimum requirements of the Oregon Residential Energy Code. Project proposals that achieve increasing levels of energy performance above the baseline building performance rating in all dwellings in the development are eligible for density bonus points pursuant to Table 2.2.090.F.3.b. Table 2.1.090.F.3.b Energy Efficiency Bonus Points % Efficiency above baseline Points (not cumulative) 0% 0 10.5% 1 14% 2 21%+ 3 c. Projects that reduce water use beyond that required by the Oregon Reduced water use. Plumbing Specialty Code may be eligible for bonus points. Water conservation supports sustainability and benefits the public by extending the capacity of local water sources, reducing energy consumption associated treatment and distribution of potable water, and helping to maintain in stream water flows for endangered fish species, among other public benefits. Developments that meet one or more of the criteria in Table 2.2.090.F.3.c for reduced water use in all dwellings and/or landscapes, as applicable, are eligible for density bonus points. City of Dallas 2-29 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development Table 2.1.090.D.3.c Reduced Water Use Bonus Points Option Points (cumulative) Landscaping: rainwater harvest for all irrigation; or 1 drip-irrigation with climate-based controllers for all landscaping; or no potable water used for irrigation Buildings: use of innovative wastewater technologies 1 (high efficiency fixtures and/or grey water systems) reduces potable water use for sewage conveyance by at least 50%; or provides on-site wastewater treatment and aquifer recharge (wastewater must be treated on-site to tertiary standards). Buildings: use of high-efficiency plumbing fixtures 1 results in at least 20% less water use than under baseline for same building(s) after meeting Oregon Plumbing Specialty Code Maximum Potential Points 3 d. Historic landmarks serve as important cultural reference Reuse of historic landmark. points in the landscape; landmarks provide opportunities for public education and designated historic landmark, conformance to the applicable Historic Landmark regulations under Chapter 2.7 is required. Projects that preserve one or more designated historic landmark and integrate the landmark(s) into the overall site design are eligible for one (1) density bonus point. Projects that dedicate a historic landmark to the public or otherwise make such landmark available for public use through a conservation easement or similar legal agreement between the owner and a public agency are eligible for two (2) density bonus points. e.. Site disturbance through grading Minimize site disturbance and conserve open space and construction, if not properly controlled, can cause increased erosion, risk of landslides, diminished air and water quality, and degraded wildlife habitat. All projects shall minimize site disturbance by conforming to the requirements of this code, including requirements for Flood Hazard Areas, Riparian Corridors, and Wetlands, and other city standards (e.g., grading, erosion and sediment control) as applicable. Project proposals must provide open space in accordance with the minimum standards in Table 2.2.030A. Project proposals setting aside increasing levels of open space (>6%) may be eligible for bonus points pursuant to Table 2.1.090.F.3.e. Proposals requesting bonus points under this subsection shall provide a cluster development design where open space is aggregated in areas with the highest value open space. For example, open spaces functioning as usable park area, or those contiguous to designated stream corridors, jurisdictional wetlands, or other significant natural features, have higher value than areas without such functions. Open space City of Dallas 2-30 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development plans shall conform to the City of Dallas Comprehensive Plan and be subject to City review and approval: Table 2.1.090.F.3.e Open Space Bonus Points Option Points (cumulative) Open Space Option #1: At least 10% of site is reserved as open 1 space, where open space is oriented to protecting and buffering significant natural features; or where such features are not present, open space area is oriented to providing usable recreation areas for residents of the development. Open Space Option #2: At least 10% of site is reserved as open 1 space, consistent with Option 1, and public access is provided by a trail, park, or similar amenity. Open Space Option #3 (>10%): one (1) additional point may be 1-4 awarded for every additional 5% of net site area that is set aside as private open space, and two (2) additional points may be awarded for every 5% of net site area set aside as public open space, not to exceed a total of six (6) points for all open space fter subtracting required right-of-way. Transfer of Development Rights Option: where a project or a 1-6 portion of a project is located in the POS district, Riparian Corridor, Wetland, or Flood Hazard area, up to six (6) points may be awarded, at the City of such districts and onto an eligible receiving area, as approved by the City and subject to deed restrictions. Master Plan approval (Chapter 4.5) is required, and bonus points shall be applied to the receiving area property only and are not transferable. Maximum Potential Points 6 f. Residential subdivision proposals that retain stormwater, Stormwater management. reducing stormwater runoff into the public storm sewer system by at least 50% over conventional methods and do not apply for SDC credit under subsection 2.1.090.E (SDC Credit), are eligible for two (2) density bonus points. g.Excessive paving and use of dark roofing and paving materials Heat island reduction. can cause local increases in air temperatu pedestrian comfort (e.g., in parking lots) and can lead to increased energy use in summer months for air conditioning in buildings and vehicles. Projects that use light colored roofing materials and light colored paving systems are eligible for two (2) density bonus points. Such materials must be used over all paved areas and all roof elevations, as applicable, for points to be awarded. Light colored materials must have a Solar Reflectance Index (SRI) of at least 50. Rooftop areas covered by rooftop gardens, green roofs, solar water heating systems, or photovoltaic cells, and areas paved with grass-planted pavers or similar green paving system are eligible. City of Dallas 2-31 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development h. Solar orientation in site design and building placement conserves Solar orientation. resources, reduces energy costs and greenhouse emissions, and mitigates global warming by allowing for passive heating of buildings in winter months and the opportunity for the use of solar water heating systems or photovoltaic cells. Subdivision proposals providing solar access easements over at least 50% of all lots in the development are eligible for two (2) density bonus points. Solar access easements shall provide for sun exposure to south-facing walls at an elevation of ten (10) feet above grade when the sun is at an altitude of 21.3 ¡ and an azimuth ranging between 22.7¡ east and west of true south. i. The use of on-site renewable energy On-site renewable energy and electric vehicles. such as wind, solar and geothermal, and the provision of on-site electric vehicle fueling stations, is intended to conserve resources, reduce energy costs and greenhouse gas emissions, and mitigate global warming. Projects that self-supply energy through renewable energy or provide electric vehicle fueling stations on-site are eligible for density bonus points pursuant to Table 2.1.090.F.3.i, provided the system is shown to be technically feasible, the applicant has provided acceptable performance guarantee, and the system complies with the requirements of the electric utility service provider and meets all other applicable codes and standards. Table 2.1.090.F.3.i On-Site Renewable Energy & Electric Vehicle Fueling Station Bonus Points Renewable Energy Points (not cumulative) (as % of annual energy cost*) 2.5% 1 7.5% 2 12.5% 3 On-site electric vehicle fueling station (1 1-3 point per vehicle-station) * Modeling of the annual building energy cost with and without on-site renewable energy, shall provide the basis for review; energy costs are calculated using the US Department of Energy (DOE) Commercial Buildings Energy Consumption Survey (CBECS) database or equivalent Oregon reference as determined by the City of Dallas Building Official and Community Development Director. City of Dallas 2-32 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development j.. District heating and cooling systems are intended to District heating and cooling improve energy efficiency and conserve resources by providing centralized heating and/or cooling for multiple buildings or developments. Project proposals that provide such systems are eligible for two (2) density bonus points, provided the system is shown to be technically feasible, the applicant has provided acceptable performance guarantee, and the system complies with all applicable codes and standards as determined by the City of Dallas Building Official and Community Development Director. k. The City of Dallas has adopted standards for wastewater Wastewater management. treatment that are intended to provide urban development at planned densities. Projects shall comply with the standards of Article 3 and other applicable city standards and codes. Projects providing innovative design solutions that improve upon the above requirements (e.g., water quality treatment, aquifer recharge, reclaimed water for agricultural use, etc.) are eligible for one (1) density bonus point, provided the proposal is shown to be technically feasible, the applicant has provided acceptable performance guarantee, and the system complies with all applicable codes and standards, as determined by the City Engineer and Community Development Director. l. Projects shall comply with the public facility Recycled content in infrastructure. standards of Article 3 and other applicable city standards and codes. Projects providing innovative design solutions that incorporate recycled materials (e.g., recycled asphalt for streets, transplanted vegetation for water quality facilities, etc.) and improve upon the above requirements are eligible for one (1) density bonus point, provided the system is shown to be technically feasible, the applicant has provided acceptable performance guarantee, and the system complies with all applicable codes and standards, as determined by the City Engineer and Community Development Director. Recycled materials must be from the local area (transported less than 10 miles) in order to be eligible. m. Excessive lighting and misdirected or unshielded lighting Light pollution prevention. can have an adverse impact on livability in residential areas and can degrade wildlife habitat. Projects providing dark-sky friendly lighting for all outdoor areas, as recommended by the International Dark Sky Association, are eligible for one (1) density bonus point provided the proposal is shown to be technically feasible, the applicant has provided acceptable performance guarantee, and the system complies with all applicable codes and standards, as determined by the Community Development Director. City of Dallas 2-33 Development Code 2.2 Residential (R) Land Use Districts Low-Impact Development n. The City of Dallas has adopted standards that are intended Alternative transportation. to support multimodal transportation. Projects shall comply with the standards of Article 3, the City of Dallas Transportation System Plan, and other applicable city provide for enhanced multimodal transportation options are eligible for density bonus points. This standard can be met by implementing one or more of the following options: Table 2.1.090.D.3.o Alternative Transportation Bonus Points Option Points (cumulative) Build off-site pedestrian connection (e.g., 1-4 sidewalk extension, trail, mid-block access way) exceeding minimum standards under Article 3 (one point for every 500 lineal feet of improvement) Provision of transit park and ride facility, 2 per transit service provider standards Maximum Potential Points 4 o.Projects proposed as Master Planned Developments are eligible for Innovative design. up to four (4) density bonus points for innovative or exemplary design solutions that exceed the thresholds in subsections 3(a) through 3(n), above, or that employ other low-impact development methods not specified in subsections 3(a) through 3(n), where the City decision making body finds the proposal is consistent with the purpose under Section 2.2.090.A and it advances the state of green technology and sustainable development in Dallas. City of Dallas 2-34 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards 2.2.100 Building Design Standards A.Purpose. Establish clear and objective standards for building design in Residential Districts to promote land use compatibility and livability while protecting property values and ensuring predictability in the development process. The intent is to: 1. Reduce the visual dominance of garage openings as viewed for abutting streets, parks, 2. and other public use areas Encourage a diversity of building facades and rooflines at an appropriate neighborhood 3. scale. Promote compatible building-to-building relationships, and to create a sense of street 4. enclosure at a pedestrian-scale in urban neighborhoods. B.Applicability. Section 2.2.100 applies to new dwellings, including multifamily buildings, single family (not attached) dwellings, attached single family (townhome) dwellings, duplexes, and cottage cluster developments. The standards are applied through building plan review for single family (not attached) dwellings and Site Design Review and/or Planned Unit Development Review, as applicable, for other building types. In addition, other building design standards may apply for certain types of land use and development, as provided under Section 2.2.120 Special Use Standards. The standards of Section 2.2.100 may be adjusted through the Adjustment (Type II) procedure provided the Adjustment is consistent with the above purpose and the applicant demonstrates that the proposed design meets the intent of the standard for which an Adjustment is sought. City of Dallas 2-35 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards C.Standards. Garage Orientation and Design 1. a. The following requirements for garage design are intended to balance Purpose. desire to have safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and aesthetic concerns associated with garages, while allowing garages that do not detract from the appearance a neighborhoods. b.Where alleys or shared driveways exist or Alleys. Street are proposed (Option A), all garages and off- street parking areas shall orient to the alley/driveway. c.Where street-loaded garages Garage Setback. are proposed (Options B or C), all garage openings shall be setback from the street property line by at least twenty (20) feet. d. Garage openings shall not Garage Openings. exceed fifty percent(50%) of the width of the front building elevation, except where at least one of the following criteria is met: (1) The garage is side-loaded and does not have any Alley or Parking Court openings facing a street (e.g., garage oriented to a driveway or parking court); such side-loaded garages shall have windows on at least a portion of the street-facing elevation; or (2) The garage opening(s) are recessed or offset at least three (3) feet behind the front elevation of dwelling as viewed from the street. Projections may include arbors, porticos and/or similar architectural feature extending for the width of all garage openings. See also, requirements for three-car and wider garages under subsection 2.2.100.C.1.h. Street or Alley City of Dallas 2-36 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards e.Driveway Approaches. Driveways shall not exceed the following widths (not including wings): Lot frontage Driveway width -7 Driveways may to a width greater than the maximum width where they are expand located more than ten (10) feet from a sidewalk (or street right-of-way if no sidewalk is present). f.All RVs, boats, trailers, and Recreational Vehicles and Outdoor Vehicle Storage. similar vehicles and equipment shall be setback from the street property line by at least twenty (20) feet and/or screened behind a fence (e.g., wood, chain-link with slats, or similar screening). g.To the extent practicable, subdivision lots Driveway Spacing and On-Street Parking. and dwelling plans should be oriented to provide for on-street parking (e.g., by staggering driveways on opposite sides of a street). Driveway curb openings shall be spaced at least eighteen (18) feet apart from one another to provide space for on-street parking between them; alternatively, where closer spacing results in more efficient on-street parking, driveways may be paired together. Where driveways are paired, a four (4) minimum foot landscape strip beginning ten (10) feet back from the sidewalk or right-of-way is required between them for surface water runoff, i.e., two (2) foot landscape strip on each lot between driveway and common property line. Vehicle Access from Street or Alley with Primary Entrance Facing Street Examples of multifamily modules with 2-8 dwelling units per building (one or two story), and parking in shared parking courts. Building orientation promotes compatibility with single family dwellings across the street. Note landscape buffering may be required in side and rear yards. City of Dallas 2-37 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards h.Where three Three-Car and Wider Garages. (3) or more contiguous garage parking bays on the same structure are proposed facing the street, the garage opening closest to a side property line shall be recessed at least two (2) feet behind the adjacent bays to break up the appearance of the garage elevation. Note: Side-loaded garages where the garage openings do not face a street are exempt from this requirement. Front/Street Facade Variation 2. a. The following requirements for faade variation promote variety in housing Purpose. design to improve the appearance and aesthetics of new subdivisions and multifamily developments. The standards are intended to promote architecturally varied neighborhoods, avoiding homogeneous street frontages that detract from a b. No two directly adjacent or opposite dwelling units may possess the same Standards. front or street-facing elevation. This standard is met when front or street-facing elevations differ from one another by at least 5 of the 8 following elements: 1)Mix of Materials Different mix of materials in compliance with subsection 3 below. 2)Articulation Different offsets or articulation of front building elevation in compliance with subsection 4 below. 3)Variation in Roof Elevation Different roof form or changes in roof elevation and orientation of roof line (e.g., cross-gable) or use of projections such as gables and dormers over at least ten percent (10%) of roof elevation. 4)Entry/Porch Different configuration or design of front porch or covered primary entrance. 5)Fenestration Different placement or pattern of windows and doors (must comprise at least 30 percent of front/street facing elevation). 6)Architectural Style Different architectural style, provided such styles borrow City of Dallas 2-38 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards from the vocabulary of at least one of the following: Craftsman, Prairie, Four Square, Northwest Contemporary, Ranch, Victorian, Colonial, English Arts and , or other Dallas Style as determined by the Community Development Crafts Director (traditional or contemporary adaptations are acceptable). 7)Height Change in elevation of primary roof line (along the axis of the longest roofline) by not less than two (2) feet; requires variation from building to building, or dwelling unit to dwelling unit (e.g., townhome units), as applicable. 8)Color Palette Complementary variation in color palette; no metallic, day-glow, or similar loud, bright colors. c. Buildings not differentiated by at least 5 of the criteria listed above Repeated facades. shall be considered a group of similar buildings for purpose of this subsection; individually such groups shall not comprise more than 25% of the dwelling units on any block. No single faade shall repeat more than once on the same block face. See Standards for faade variation under subsection 2.2.100.C.2.b. d.When facades repeat on the same block face, they must have Neighborhood variety. at least three intervening lots between them that meet the faade variation criteria. On any one block face, a mirrored faade (one that repeats but appears reversed as in a mirror) may count as two separate facades only once, so long as there is at least one intervening lot containing a different faade between the mirrored facades. e.When a mix of building materials is selected to satisfy the faade Mix of materials. variation standards of this Section, the following materials (i.e., when used in combination) meet the standard: wood or wood fiber cement (lap, panel, board and batten, timber, shingle or similar siding), brick, stucco, stone and/or similar masonry. See illustrations below for suggested ways to mix building materials. For example, stone, heavy timbers, or brick may be used as detailing material in combination with different siding materials to meet the standard. Stone or brick may be incorporated in the facade in several ways, such as on the whole facade, trim, wainscoting, or on a partial building story. Varying dimensions or spacing of siding and detailing may be used to create an appropriate building scale. For example, use of heavy timbers, or closer spacing or smaller dimensions of lap siding may be used around building entrances, dormers, gables and other elements, to accent those elements, while applying wider spacing or larger dimensions elsewhere. f.The material(s) used on the front facade must turn Faade Includes Building Corners. the corner and appear on at least a portion of the side elevations; at least some of the same combinations of materials used on the front faade must be used on the sides and rear of the house; however, the same patterns and proportions of materials used City of Dallas 2-39 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards on the front faade need not be used on the sides and rear elevations. Examples of Ways to Mix Building Materials on any one Structure City of Dallas 2-40 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards Articulation When the front, side, or rear elevation of any residential structure is more 3. than 500 square feet in area, that elevation must be divided into distinct planes of not more than 500 square feet. For the purpose of this standard, areas of wall planes that are entirely separated from other wall planes are those that are separated by windows or doors, or by a recess or projecting section of the structure that projects or recedes at least one (1) foot from the adjacent plane, for a length of at least six (6) feet. Building offsets, bellybands, bays, dormers, porch canopies and other secondary roof forms are examples of acceptable changes in plane. The vertical mass of buildings shall be broken up through the use of architectural features such as horizontal cornices, pediments, beltcourses, of the elevation. Roofs must provide offsets or breaks in roof line, with at least one break of at least one (1) foot for every ninety (90) lineal feet of roof line. Roof offsets, cross gables, and similar interruptions are examples of acceptable breaks in roofline on sloped roofs. On flat roofs, stepped parapets or cornices proportioned to the building elevation may be used to meet this standard. Facade Variation & Articulation on Multifamily and Townhouse Structures City of Dallas 2-41 Development Code 2.2 Residential (R) Land Use Districts Architectural Design Standards 2.2.110 Building and Structure Height; Mixed-Use Bonus Building and structure heights shall conform to the standards in Table 2.2.030A. Additional height may be approved for mixed-use buildings through the Master Planned Development procedure and pursuant to the density bonus provisions of Section 2.2.090 Low-Impact Development. City of Dallas 2-42 Development Code Title 33, Planning and Zoning Chapter 33.237 6/13/12 Food Production and Distribution CHAPTER 33.237 FOOD PRODUCTION AND DISTRIBUTION (Added by Ord. No.185412, effective 6/13/12) Sections: 33.237.010 Purpose 33.237.020 Where These Regulations Apply 33.237.100 Market Gardens 33.237.200 Community Gardens 33.237.300 Food Membership Distribution 33.237.500 Neighbor Notification and Meeting 33.237.550 Farmers Markets 33.237.600 Regulations for Existing Market Gardens, Food Membership Distribution, and Farmers Markets 33.237.010 Purpose The purpose of the regulations in this chapter is to increase access to affordable, healthful, food for all, especially for those who may have limited options because of location, access, or income. The regulations encourage Community Gardens, Market Gardens, and food membership distribution at a scale that is appropriate to neighborhoods in an urban environment, and support small-scale agricultural use of land that is not otherwise developed. The regulations also recognize that the gardens and food membership organizations can help build a sense of community and offer increased opportunities to garden and to interact with neighbors. In addition, the regulations ensure that these uses and activities are compatible with the surrounding area by limiting potential negative effects, particularly in residential neighborhoods, and take into consideration neighborhood character, scale, visual impacts, traffic, noise, fumes, local environmental resources, and hours of operation. 33.237.020 Where These Regulations Apply The regulations of Section 33.237.100 apply to Market Gardens. The regulations of Section 33.237.200 apply to Community Gardens. The regulations of Section 33.237.300 apply to Food Membership Distribution. The regulations of Section 33.237.600 apply to Market Gardens, Food Membership Distribution, and Farmers Markets that existed before these regulations were adopted. 237-1 Chapter 33.237 Title 33, Planning and Zoning Food Production and Distribution 6/13/12 33.237.100 Market Gardens A. Maximum area . The maximum area allowed for a Market Garden is specified in Table 237-1. The area of a Market Garden includes the area under cultivation, the area covered by any structures associated with the garden, the compost pile, any off-street parking, or any other area associated with the activities of the garden. Table 237-1 Maximum Area for Market Gardens Maximum Area Allowed Maximum Area Allowed per Site if Neighbor per Site Notification and Meeting requirements of Section 33.273.500 are met Zone RF Zone174,000 square feet 261,000 square feet R20 Zone 40,000 square feet60,000 square feet R10 Zone 20,000 square feet30,000 square feet R7 Zone 14,000 square feet21,000 square feet R5 and R 2.5 10,000 square feet15,000 square feet Zones Multi-Dwelling 14,000 square feet21,000 square feet Zones Sites with 14,000 square feet or 10 21,000 square feet or 15 percent of the total Institutional Uses percent of the total site site area, whichever is larger in residential area, whichever is larger. zones Industrial, No maximum- -- - Employment, Commercial, and Open Space Zones 237-2 Title 33, Planning and Zoning Chapter 33.237 6/13/12 Food Production and Distribution B. Sales. 1. On-site sales. a. Nonresidential zones. In nonresidential zones, on-site sales are a Retail Sales And Service Use; and the following regulations apply: (1) No parking is required; (2) Exterior display is allowed; and (3) Only food and value-added products made from produce grown on site, such as jams and pickles, may be sold b. Residential zones. In residential zones, on-site sales are allowed as accessory to the Agriculture use, and the following regulations apply: (1) No parking is required; (2) Exterior display is allowed; (3) Only food and value-added products made from produce grown on site, such as jams and pickles, may be sold; (4) Sales are allowed only between 7 AM and 9 PM; and (5) Sales are allowed up to 70 days in each calendar year. 2. Off-site sales. Off-site sales are not limited by the regulations of this Chapter. C. Hours of operation in residential zones. 1. In residential zones, operation may begin at sunrise or 7 AM, whichever is earlier, and must end at sunset or 9 PM, whichever is later. A Market Garden is operating if people are on the site. Automatic equipment functioning, such as sprinklers, is not considered operation. 2. Use of motorized equipment in residential zones is allowed only between 7 AM and 9 PM. D. Fences. Fences are regulated by the base zones. E. Signs. Signs are regulated by Title 32, Signs and Related Regulations. 237-3 Chapter 33.237 Title 33, Planning and Zoning Food Production and Distribution 6/13/12 33.237.200 Community Gardens A. Maximum area. There is no maximum area for Community Gardens. B. Sales. Sales of produce from a Community Garden may occur for no more than three consecutive days on two different occasions during a calendar year. Sales must occur on-site. C. Other regulations. The regulations of Subsections 33.237.100.C through E apply to Community Gardens. 33.237.300 Food Membership Distribution A. Use. Food Membership Distribution is accessory to most use categories, but not a primary use on a site. B. Residential zones. The regulations of this subsection apply to sites in residential zones that are not in Institutional use. 1. The maximum number of members who may come to the site to pick up items delivered on one delivery day, and the number of delivery days that are allowed in a calendar year are specified in Table 237-2. If a site fits into more than one cell, the more restrictive requirement applies. 2. The operator of a site must select a maximum number of delivery days and maximum number of members who may come to the site, and is responsible for compliance with the regulations that apply to the combination of delivery days and maximum number of members who may come to the site. This may require limiting the number of members who may participate in each order, or moving some deliveries to other locations. 3. Members may pick up items at the site only between 7 AM and 9 PM. 4. Truck deliveries are allowed between 8 AM and 5 PM. 5. Exterior activities, except delivery and pick up, may not occur in the area between the primary building and any street lot line. C. Institutional uses on sites in residential zones. The regulations of this subsection apply to sites in residential zones that are in Institutional use. 1. Sites that have at least three parking spaces reserved specifically for members picking up their food are subject to Paragraphs B.3 and B.4. 2. Sites that do not have at least three parking spaces reserved specifically for members picking up their food are subject to Paragraphs B.1 through B.4. 237-4 Title 33, Planning and Zoning Chapter 33.237 6/13/12 Food Production and Distribution Table 237-2 Food Membership Distribution: Frequency and Number of Members Number of Delivery Days per Calendar Year Up to 6 to 26/year 27 to 52/year53 to More than 5/year 104/year 104/year Maximum Number of Members Who Come to Site per Delivery Day Up to 12 Allowed Allowed Allowed Allowed if Not Allowed requirements of Section 33.237.500, Neighbor Notification and Meeting, are met 13 to 56 Allowed Allowed if Allowed if: Allowed if:Not Allowed requirements of 1. 1. Section Requirements Requirements 33.237.500, of Section of Section Neighbor 33.237.500, 33.237.500, Notification and Neighbor Neighbor Meeting, are Notification and Notification and met Meeting, are Meeting, are met; and met; and 2. West of I-2. West of I- 205, site is 205, site is within 500 feet within 500 feet of a non-local of a non-local street; east of I-street; east of I- 205, site is 205, site is within 1,000 within 1,000 feet of a non-feet of a non- local street local street 57 to 100 Allowed Allowed if: Allowed if: Not AllowedNot Allowed 1. 1. Requirements Requirements of Section of Section 33.237.500, 33.237.500, Neighbor Neighbor Notification and Notification and Meeting, are Meeting, are met; and met; and 2. West of I-2. West of I- 205, site is 205, site is within 500 feet within 500 feet of a non-local of a non-local street; east of I-street; east of I- 205, site is 205, site is within 1,000 within 1,000 feet of a non-feet of a non- local street local street. More than Not Not Allowed Not Allowed Not AllowedNot Allowed 100 Allowed 237-5 Chapter 33.237 Title 33, Planning and Zoning Food Production and Distribution 6/13/12 33.237.500 Neighbor Notification and Meeting A. Purpose. The requirements of this section allow neighbors an opportunity to become aware of and comment, in an informal manner, on a proposal before operations begin. By sharing information and concerns, all involved have the opportunity to identify ways to improve a proposal, and to resolve conflicts. While the comments from the neighbors are not binding, a collaborative approach is encouraged. B. When Neighbor Notification and Meeting is required. Neighbor Notification and Meeting is required as specified in Section 33.237.100 and Table 237-2. C. Notification. 1. A letter must be sent to the owners of property within 150 feet of the site, to the Neighborhood Association for the area, and to the Planning and Zoning Section of the Land Use Division of the Bureau of Development Services. The letter must be sent by US Mail, FedEx, UPS, or similar service. The letter may not be sent electronically or delivered by hand. 2. The letter must: a. Describe the proposal in detail; b. Include information on how to contact the person or organization making the proposal; c. Show the location of the site on a map, and give the address of the site; and d. Invite people to a meeting to discuss the proposal, specifying the date, time, and location of the meeting. 3. The letter must be mailed at least 14 days before the meeting. 4. At least one copy of the letter must be posted on the site. a. A copy of the letter must be placed on each street frontage of the site. If a street frontage is over 600 feet long, a notice is required for each 600 feet, or fraction thereof. Notices must be posted within 10 feet of a street lot line and must be visible to pedestrians and motorists. Notices may not be posted in a public right-of-way. Notices are not required along street frontages that are not improved and allow no motor vehicle access. b. Letters must be posted at least 14 days before the meeting, and may not be removed before the meeting. 5. A copy of the letter and the mailing list must be retained in the files of the person or organization making the proposal. D. Meeting. A meeting to discuss the proposal must be held at a location within the boundaries of the neighborhood association that the site is within. The 237-6 Title 33, Planning and Zoning Chapter 33.237 3/1/13 Food Production and Distribution person making the proposal must attend the meeting. 33.237.550 Farmers Markets The regulations for Farmers Markets are in Chapter 33.296, Temporary Uses, and in Section 33.237.600. 33.237.600 Regulations for Existing Market Gardens, Food Membership Distribution Sites, and Farmers Markets A. Purpose. Before the regulations in this chapter were adopted, the regulations for Market Gardens, Food Membership Distribution Sites, and Farmers Markets were sometimes unclear. To simplify regulations for those uses that existed when the regulations were adopted, those that existed are automatically given status as if they were legally established. B. Market Gardens. Market Gardens that existed on June 1, 2012, are considered to have been legally established. If they do not meet the current regulations, they are nonconforming, and changes to size, operation, or other aspects are regulated by Chapter 33.258, Nonconforming Situations. C. Food Membership Distribution Sites. Food Membership Distribution Sites that were operating at any time between June 1, 2011 and June 1, 2012, are considered to have been legally established. If they do not meet the current regulations, they are nonconforming, and changes to the number of members coming to the site, the number of delivery days per year, size, operation, or other aspects are regulated by Chapter 33.258, Nonconforming Situations. D. Farmers Markets. Farmers Markets that were operating during the month of June, 2012, are considered to have been legally established. If they do not meet the current regulations, they are nonconforming, and changes to size, operation, or other aspects are regulated by Chapter 33.258, Nonconforming Situations. 237-7 Chapter 33.237 Title 33, Planning and Zoning Food Production and Distribution 3/1/13 237-8 E – Green Building & Green Points Program Chapter 10-7.5: Green Building and Green Points Program (City of Boulder, CO) 10-7.5-1 Legislative Intent and Purpose. The purpose of this chapter is to protect the public health safety and welfare by regulating residential construction with the intent to conserve energy, water and other natural resources, preserve the health of our environment through optional and mandatory requirements related to design, construction, operations, recycling, and deconstruction This chapter has the following additional purposes: (a) It provides criteria for rating the environmental performance of residential construction practices and provides guidelines for documentation that demonstrates conformance with the criteria; (b) It encourages cost-effective and sustainable residential building methods, by encouraging conservation of fossil fuels, water and other natural resources, reduction of greenhouse gas emissions, recycling of construction materials, reducing solid waste and improving indoor air quality; (c) It identifies the specific requirements for complying with the Green Points Program and how the program interfaces and exceeds the 2006 International Energy Conservation Code adopted in Chapter 10-7, "Energy Conservation and Insulation Code," B.R.C. 1981; (d) It includes mandatory green building requirements to ensure that construction waste and deconstruction materials are recycled, reused, or otherwise diverted from land fills, and minimum requirements to ensure that dwellings are constructed in an efficient manner; and (e) It includes provisions intended to provide for joint administration with the processing of building permits for remodeling, adding on, and constructing dwelling units. Ordinance No. 7565 (2007) 10-7.5-2 Scope and Administration. (a) Scope. The provisions of this chapter apply to the following: (1) New construction, remodels, or additions to a dwelling, including without limitation single- unit dwellings, multi-unit dwellings, and dwellings within mixed use developments. (2) Any two or more building permits for the same structure that are applied for in any 12 month period shall be considered as one application for the purpose of meeting the requirements of Sections 10-7.5-3, "Mandatory Green Building Requirements" and 10-7.5-4, "Resource Conservation – Green Points," B.R.C. 1981. (3) The requirements of this chapter shall apply to construction activities of all types of dwellings unless the context clearly indicates otherwise. (4) The requirements of this chapter are in addition to and do not replace the requirements within the Boulder Revised Code, including without limitation all of the life safety codes, the historic preservation ordinance, the land use code and the City of Boulder Design and Construction Standards. (b) Administration. The Green Points Program shall be administered applied, and interpreted in accordance with Chapter 1, "Administration," Chapter 2, "Definitions," of the International Building Code (IBC) and the International Residential Code (IRC) as adopted with amendments by Sections 10-5-2, "Adoption of International Building Code with Modifications," and 10-5.5-2, "Adoption of International Residential Code with Modifications," B.R.C. 1981. (c) Inspection and Compliance. No person shall fail to comply with the requirements of this chapter. No person shall construct in violation of a Green Points approval. All approvals and inspections of Green Point's applications and requirements shall be done in conjunction with a residential building permit application and field inspections. An application shall be made on a form that is approved by the city manager. The applicant shall demonstrate compliance with all of the provisions of this chapter prior to the issuance of a certificate of occupancy by the city manager. (d) Exceptions. Any structure that includes dwellings that are pursuing a U.S. Green Building Council's LEEDT (Leadership in Energy and Environmental Design) Silver Certification or comparable green building rating certification or higher will be exempt from the Green Points requirements. No person that applies for this exception shall fail to complete the LEEDT certification process and receive such certification within six months after the final inspection on the building permit. The city manager may grant an extension to this time period if a request is made by the applicant and the applicant demonstrates a good cause as to why additional time is needed to complete the certification. Ordinance Nos. 7565 (2007); 7621 (2008) 10-7.5-3 Mandatory Green Building Requirements. (a) Energy Efficiency – New Dwelling Units. An applicant for a building permit for each new dwelling shall demonstrate that the building is more energy efficient than a building that meets the minimum requirements of Chapter 10-7, "International Energy Conservation and Insulation Code," B.R.C. 1981. Table 1 lists the minimum energy efficiency requirements. TABLE 1A - Tiers for Energy Efficiency Thresholds Type of Project Square Footage Energy Efficiency Thresholds Above Code New Construction Up to 3,000 30 percent more energy efficient than 2006 IECC 3,001-5,000 50 percent more energy efficient than 2006 IECC 5,001 and up 75 percent more energy efficient than 2006 IECC Multi-Unit Dwellings Applies to all 30 percent more energy efficient than 2006 IECC (b) Thresholds for Application of New Construction Standards to Entire Building as the Result of an Addition. Any addition which meets any of the thresholds described below will require that the conditioned floor area of the entire building be upgraded to meet new construction standards for energy efficiency in Subsection 10-7.5-3(a), B.R.C. 1981. (1) The addition is 100 percent or more than the conditioned floor area of the existing dwelling unit and the dwelling unit will have a total conditioned floor area after the addition to the dwelling unit that is up to 3,000 sq. ft in size. (2) The addition is 50 percent or more than the conditioned floor area of the existing dwelling unit and the dwelling unit will have a total conditioned floor area after the addition to the dwelling unit that is from 3,001 to 5000 sq. ft in size. (3) The addition is 25 percent or more than the conditioned floor area of the existing dwelling unit and the dwelling unit will have a total conditioned floor area after the addition to the dwelling unit that is over 5001 sq. ft in size. (c) Energy Efficiency – Additions and Remodels. An applicant for a building permit for a remodel or an addition to a dwelling that does not exceed the thresholds in subsection (b) above shall demonstrate that it meets the energy efficiency requirements of this section. A building permit for an addition to or a remodel of a dwelling unit shall meet one of the following standards: (1) Requirement if upgrading the energy efficiency of the entire structure. The applicant may demonstrate that the entire building meets the HERS requirements that are described in Table 1B below; or (2) Requirement for the new addition or the area of the house that is subject to a remodel. The applicant may demonstrate that the addition or the area of the building subject to a remodel meets the requirement of the IECC for the remodel area or addition as described in Table 1B below. Building permits under this requirement shall also meet the following: (A) Complete a blower door test before application for the building permit to determine whether the building has a fresh air infiltration rate of no more than 0.5 natural air changes per hour (NACH) compliance rating. If this standard is exceeded, then the applicant shall meet the requirement of paragraph (B). (B) Improve, repair and seal the dwelling unit, verified by a subsequent blower door test and prior to a certificate of occupancy or completion that demonstrates that: (i) for buildings that had an air infiltration rate of 1.0 NACH or greater, then the building shall have a NACH 50 percent or less than the original blower door test, (ii) for all other buildings, the building has an air infiltration rate of not greater than 0.5 NACH compliance rating. TABLE 1B - Tiers for Energy Efficiency Thresholds Total Conditioned Area HERS Rating Increased efficiency above the IECC Up to 3,000 100 15 percent 3,001 – 5,000 85 30 percent 5,001 and up 70 50 percent (3) Remodels – Limitations. A remodel that does not substantially remove the interior finish of the thermal envelope of the conditioned space is not required to meet the energy efficiency requirements of Table 1B. (d) Compliance with Energy Efficiency Requirements. A dwelling that is required to meet the energy efficiency requirements for new construction shall demonstrate that it meets such standard by: (1) Using the Home Energy Rating System (HERS). The HERS rating will be used for the verification of energy performance of new construction. A HERS rating shall be performed by a rater accredited by the Residential Energy Services Network (RESNET); (2) For multidwelling projects, through a HERS rating sampling protocol authorized and approved by the city manager; or (3) For multidwelling projects, by demonstrating that the energy efficiency has been achieved by using the methodology in section 404, "Simulated Performance Alternative" or section 506, "Total Building Performance" of the 2006 International Energy Conservation Code. (e) Energy Audit. An applicant for a building permit for an addition to a dwelling or a remodel of a dwelling shall be required to obtain an energy audit. The applicant shall provide proof of the completion of the energy audit with a building permit application. The energy audit of the house shall quantify the annual energy performance of the building according to generally accepted standards for energy audits approved by the city manager. An energy audit or an optional HERS rating report will indicate how efficiently the building is operating and where inefficiencies are occurring. (f) Lighting Efficiency. Prior to final inspection for an addition to a dwelling or a remodel of a dwelling the applicant shall install energy efficient lamps (light bulbs) with a luminous efficacy of 40 lumens per watt or above in at least 50 percent of the existing home's light fixtures. (g) Direct Vent Furnace. When the scope of the work of an addition to a dwelling or a remodel of a dwelling requires replacement of a furnace, the furnace shall be replaced with a direct vent unit that has a minimum 90 percent AFUE. (h) Direct Vent Boiler. When the scope of the work of an addition to a dwelling or a remodel of a dwelling requires replacement of a boiler, the boiler shall be replaced with a direct vent unit that has a minimum 85 percent AFUE. (i) Construction Waste Recycling. An applicant for a building permit for a new dwelling or an addition to a dwelling shall demonstrate that a minimum of 50 percent of construction waste is recycled. Waste diversion calculations and tracking spreadsheet form must be provided at project completion which shows that the minimum recycling requirements have been met. No person shall fail to complete the diversion calculations and tracking spreadsheet or recycle construction waste as required by this section. (j) Demolition Management. An applicant proposing to demolish the dwelling, as that term is defined in Section 10-7.5-7, "Definitions," B.R.C. 1981, shall demonstrate through a deconstruction plan that at least 65 percent of material by weight from deconstruction of the existing structure, including concrete and asphalt, will be diverted from the landfill. Verification of Green Point Project Description Square Footage Thresholds 1, 2 Requirements New construction of single unit dwellings 1,501-3,000 20 3,001-5,000 40 5,001 and up 60 Additions to a dwelling 500-1,000 15 1,001-2,000 20 2,001-3,000 30 3,001 and up 45 Interior remodels of a dwelling 500-1,000 10 1,001-2,000 15 2,001-3,000 20 3,001 and up 30 3 Multi-unit Dwellings: final tenant finish of a 1,001-2,000 10 unit in a multi-unit dwelling 2,001-3,000 20 3,001 and up 30 deconstruction plan compliance must be provided prior to final inspection. No person shall fail to follow or otherwise implement an approved deconstruction plan. Ordinance Nos. 7565 (2007); 7621 (2008) 10-7.5-4 Resource Conservation – Green Points. (a) Schedule for Green Points. Residential building permit applicants are required to earn green points according to the schedule in Table 2. An applicant proposing to increase the floor area of the existing building pursuant to Subsection 10-7.5-3(b), "Thresholds for Application of New Construction Standards to Entire Building as the Result of an Addition," B.R.C. 1981, shall be required to earn the amount of green points required for the new construction of a new dwelling of the same size as the existing dwelling with such addition. TABLE 2 - Green Points Requirements 1. One green point is awarded for each HERS rating score below the HERS index rating 2. requirement. The green point values listed in Subsections 10-7.5-4(e) and (f) only apply to 3. those projects that are not required to have a HERS index rating. Each dwelling in a multi-unit dwelling shall be required to meet the green point requirements separately. (b) Site Development. (1) Landscaping. (A) Organic Soil Amendments: 2 points (B) Xeriscape Landscaping: 1-4 points (i) Reduce turf areas to a minimum: 1 point (ii) All planting beds mulched with wood chips at least 3" deep: 1 point (iii) Appropriate use of xeric (low-water-demand) plants grouped by water needs: 1 point (iv) Zoned Irrigation System: 1 point (2) Shading of Hardscapes. (A) Preserve Existing Mature Trees on Site: Up to 5 Points (1 Point per tree) (B) Plant Shade Trees: Up to 5 Points (1 Point per tree) (3) Surface Water Management - Permeable Sites: 1-4 Points. Points are awarded according to the following: Percentage of Site that is Permeable Points > or equal to 50% 1 > or equal to 75% 2 > or equal to 90% 3 100% 4 (4) High-Efficiency Automatic Irrigation: Up to 2 points. Points are awarded according to the following: (A) 75% Efficiency Rating: 1 point (B) 95% Efficiency Rating: 2 points (c) Building Rehabilitation: Up to 10 points. Points are awarded according to the following: (1) Complete and appropriate rehabilitation and/or retrofitting of windows and doors: up to 3 Points. .5 point for each window. (2) Storm System: up to 2 points. Installation of appropriate interior or exterior storm systems. .5 point for each window. (3) The property is a contributing building within a historic district or designated as an individual landmark pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981: 5 points. (d) Waste Management. (1) Reuse Existing Building: Up to 5 points. Incorporate portions of existing structures in remodel and addition projects according to the following: (A) Save 50% of exterior walls (external sheathing and framing): 3 points (B) Save 75% of exterior walls (external sheathing and framing): 5 points (2) Remodels, Additions, and Demolition: Up to 3 points. Green points will be awarded on waste diversion on existing buildings (additions, remodels, or complete demolitions classified as an "entire structure" on a demolition permit) beyond the mandatory waste diversion requirements. Points will be awarded for additional diversion according to the following: (A) 75% deconstruction material diverted from landfills: 2 points (B) 85% deconstruction material diverted from landfills: 3 points (3) New Construction Waste Recycling: Up to 3 points. Green points will be awarded on waste diversion beyond the mandatory waste diversion requirements. Points will be awarded according to the following: (A) 75% waste material diverted from landfills: 2 points (B) 85% waste material diverted from landfills: 3 points (e) Energy Efficiency. (1) Insulation. Points will be awarded according to the following: (A) Minimum R-19 cavity plus R-5 sheathing wall insulation: 2 points. (B) Minimum R-49 ceiling: 2 points. (C) Exterior minimum R-10 insulation installed for the full height of a basement or foundation wall: 2 Points (D) Insulated Pre-cast Concrete Foundation: 2 points (E) Insulated Concrete Forms: 2 points (2) Windows: Up to 10 points. New windows or replacement windows installed as part of a remodel or an addition. Points will be awarded as follows: (A) National Fenestration Rating Council (NFRC): Up to 5 points. Rated Window with Maximum U Value of 0.34 or lower: .5 point for each window, up to 5 points. (B) NFRC Rated Window with Maximum Solar Heat Gain Coefficient (SHGC) of 0.55: .5 point for each window, up to 5 points. Exception: South facing glass. (3) Air Sealing of an Existing Building. Points will be awarded when a HERS rating is applied to the existing structure preconstruction, then a post rating after construction showing: (A) Ten percent net increase in initial HERS rating*: 2 points (B) No net increase in initial HERS rating*: 3 points (C) Decrease in initial HERS rating*: 5 points *Because of the variability of existing construction, projecting the final HERS rating can be difficult and planning for contingencies if the planned HERS rating is not achieved should be done. (4) Heating, Ventilation and Air Conditioning (HVAC) Systems. Points will be awarded according to the following: (A) HVAC Commissioning: 3 points. Testing for duct leakage, firing rate, and refrigerant charge. (B) Ground Source Heat Pump: Up to 10 points. Points will be awarded according to the following: (i) 30-39% calculations from a heating/cooling load bin analysis: 4 points (ii) 40-49% calculations from a heating/cooling load bin analysis: 6 points (iii) 50-59% calculations from a heating/cooling load bin analysis: 8 points (iv) 60-69% calculations from a heating/cooling load bin analysis: 10 points (C) Direct Vent Combination Space/Water Heating System: 2 points (D) Zoned, Hydronic Radiant Heating: 2 points (E) Passive Cooling: 2-5 points (one point per item). Points will be awarded for passive cooling systems using any two or more of the techniques described below: (i) Exterior vertical shading devices for east and west facing glass. (ii) Reflective films or glass on east and west facing windows. (iii) Radiant, heat-reflective barriers installed in the attic space. (iv) Landscaping that shades east and west-facing glazing during the cooling season (June to September). (v) South window overhang sized to effectively shade the window during the cooling season (June to September) (F) Whole House Fan: 2 points (G) Evaporative Cooling: 3 points (5) Water Heater. (A) Tank-less Water Heater: 2 points (B) Point-of-Use Water Heater: 2 points (6) Lighting, Appliances, and Electricity. (A) ENERGY STAR Advanced Lighting Package (ALP): 5 Points. The ALP shall meet High-Use Rooms Kitchen, Dining Room, Living 50% of Total Number of Fixtures Room, Family Room, Bathroom(s), Hall(s)/Stairways Medium/Low-Use Rooms Bedroom, Den, Office, Basement, 25% of Total Number of Fixtures Laundry Room, Garage, Closet(s) and all other rooms Outdoor Outdoor Lighting Affixed to the 50% of Total Number of Fixtures structure or Free- including all flood lighting Standing Pole(s), Except for landscape and solar lighting the following minimum specifications. (B) Efficient Light Controls: Up to 2 points. Efficient lighting controls include occupancy sensors, dimming controls, and automatic daylight dimming controls. (i) 4 control devices: 1 point (ii) 6 control devices: 2 points (C) Energy-Efficient Appliances: Up to 6 Points. Points are awarded according to the following: (i) ENERGY STAR rated refrigerator: 2 points (ii) ENERGY STAR rated clothes washer: 2 points (iii) ENERGY STAR rated freezer: 1 point (iv) ENERGY STAR rated dishwasher: 1 point (f) Solar. (1) Passive Solar Heating Design: 6-12 points. Design with passive solar heating elements of south facing glazing, appropriate thermal mass and building overhangs. (A) 40-49% verifying calculations of the solar heat gain fraction: 6 points (B) 50-59% verifying calculations of the solar heat gain fraction: 8 points (C) 60-69% verifying calculations of the solar heat gain fraction: 10 points (D) >70% verifying calculations of the solar heat gain fraction: 12 points (2) Solar Thermal Domestic Hot Water System: 8 points. Systems must be sized to provide at least 50% of the domestic hot water load. (3) Solar Thermal Space Heating or Pool/Spa System: 3 points. Systems must be designed to offset a minimum of 15% of the annual space heating or pool or spa load. (4) Pre-Plumb for Solar Thermal System Retrofit: 2 points. (5) Active Solar Electric System: 6-12 points. Design and install an active solar (photovoltaic) system to meet the electrical load of the building according to the following schedule: (A) 30-39% solar electricity or equivalent to 2 KW system: 6 Points (B) 40-49% solar electricity or equivalent to a 3 KW system: 8 Points (C) 50-59% solar electricity or equivalent to a 4 KW system: 10 Points (D) >60% solar electricity or equivalent larger than 5 KW system: 12 Points (6) Pre-Wire for Future Solar Electric Installation Retrofit: 2 points. (g) Water Efficiency. High Efficiency Fixtures: 2-6 Points. Points will be awarded for installation of high efficiency (low flow) fixtures follows: (1) 25% of all fixtures: 2 points (2) 50% of all fixtures: 4 points (3) 75% of all fixtures: 6 points (h) Material Efficient Framing and Structure. (1) Advanced Framing Techniques: Up to 10 points. Points will be awarded as follows: (A) 24" On-Center Framing: 2 points (B) Insulated Headers: 2 points (C) Energy Efficient Roof Trusses: 2 points Product Specification Types (See Note 1) Emission Assembly Component Specifications Specifications Local Exterior Wall Framing FSC-certified X Exterior Wall Framing Finger-jointed studs (vertical use X only for structural components) Exterior Wall Siding or Recycled content or FSC- X masonry certified Floor Flooring Linoleum, cork, bamboo, FSC-Carpet & pad: comply X certified or reclaimed wood, with Carpet and Rug sealed concrete, recycled-Institute's Green Label content flooring, or combination Plus Program in 45% of home's floor area. Floor Flooring BONUS ½ for 90% of home BONUS ½ for NO carpet in home Floor Framing FSC-certified X Foundation Cement Fly ash or slag as replacement X for, not addition to, cement content (min. 30%) Interior Wall Framing FSC-certified X Interior Wall Framing Finger-Jointed, (vertical use only X for structural components) Interior Walls Gypsum board Recycled content X AND Ceilings Interior Walls Paint Comply with Green Seal AND millwork Standard GS-11, Paints, First Edition, May 20, 1993 Interior Walls Wood finishes VOC concentrations of AND millwork 150 gpl or less Landscape Decking or patio Recycled content or FSC- X material certified Other Cabinets Recovered, recycled content, or Wood and/or agrifiber X FSC-certifiedproducts with no added urea-formaldehyde resins Other Counters Recycled content Wood and/or agrifiber products with no added urea-formaldehyde resins Other Doors (not incl. Recycled content or FSC-Wood and/or agrifiber X garage) certifiedproducts with no added urea-formaldehyde resins Other Trim Recovered, recycled content, or Wood and/or agrifiber FSC-certifiedproducts with no added urea-formaldehyde resins Other Adhesives and VOC concentrations of sealants 70 gpl or less Other Windows Recycled content or FSC- X certified Roof Framing FSC-certified X Roof Roofing Recycled content or vegetated X (min. 200 sf) Roof AND Insulation Recycled content (min 20%) Comply with State of X Floor AND California, DHS, Wall "Practice for Testing of VOCs from Building Materials using Small Chambers" Roof, Floor, Sheathing Recycled content or FSC- X Wall (2 of 3) certified (D) HVAC Ducts Within Conditioned Spaces: 2 points (E) Minimum 12-inch Roof Overhangs: 2 points (2) Structural Insulated Panels (SIPs): Up to 8 points. Points will be awarded as follows: (A) At least 50% of exterior walls: 5 points (B) At least 50% of exterior walls and roof: 8 points (3) Structural Alternatives to Wood: Up to 8 points. Points will be awarded as follows: (A) At least 50% of exterior walls: 5 points (B) At least 50% of exterior walls and roof: 8 points (i) Sustainable Products. (1) FSC-Certified Tropical Woods or No Tropical Wood: Up to 6 Points. Points will be awarded as follows: (A) 2 BF of FSC lumber per SQ/FT of floor area (2 BF/SQ. FT.): 2 points (B) 3 BF of FSC lumber per SQ/FT of floor area (3 BF/SQ. FT.): 4 points (C) 50% or more of dimensional lumber in total BF is FSC, excluding engineered wood products: 6 points (2) Environmentally Preferred Materials: Up to 10 Points. Points will be awarded for environmentally preferred materials as follows: (A) Recycled content: 2 points (B) Reclaimed: 2 points (C) Bio-based: 2 points (D) Agricultural residue: 2 points (E) Low or no Volatile Organic Compounds (VOCs) emissions: 2 points (3) Locally Sourced Materials: Products that are environmentally preferable and/or extracted, processed, and manufactured within 500 miles of the City are considered local. A maximum of 1.5 points can be earned for any single component listed in the Environmentally Preferable Products Chart regardless of the amount by which a minimum performance threshold is exceeded. A "recycled content" product must contain a minimum of 25% post-consumer recycled content except as noted otherwise above. Post industrial (pre-consumer) recycled content is counted at half the rate of post-consumer content. Points will be awarded as shown on the Environmentally Preferable Products Chart below: ENVIRONMENTALLY PREFERABLE PRODUCTS CHART (j) Indoor Air Quality. (1) ENERGY STAR's Indoor Air Quality Package Requirements: 10 points (2) Mechanical Ventilation: Up to 5 Points. Points will be awarded as follows: (A) Installation of a kitchen exhaust fan: 1 point (B) Bath exhaust fans with timer or humidistat controls: 1 point (C) Ventilation integrated in the HVAC system: 1 point (D) Incorporating Heat Recovery Ventilation: 2 points (3) High Efficiency HVAC Filter: 1 point (4) Radon Mitigation: Up to 2 Points. Points will be awarded as follows: (A) Passive System: 1 point (B) Active System: 2 points (5) Attached Garage Exhaust Fan: 1 point (k) Homeowner Information. Operations and Maintenance Binder: 1 Point. The builder shall provide a binder to be left in the dwelling for future occupants that includes the four of the following items: (1) The Green Points checklist (2) Home Energy Audit or HERS certificate (3) The equipment manufacturer's installation manuals, except for manuals required to be affixed to the equipment (4) Copies of operations and maintenance instructions for equipment installed in the home (m) Design Process and Innovation. (1) Green Building Consultants: 2 points (2) ENERGY STAR Builder: 1 point (3) Innovation Points: Up to 10 Points. Points are awarded for products, designs or technologies which minimize the environmental impact of the house in a tangible and demonstrable way beyond the methods outlined in the Green Points Program. Ordinance Nos. 7565 (2007); 7621 (2008) 10-7.5-5 Alteration or Modification. (a) Alteration and Modification. The city manager may make reasonable alterations or modifications in the award of green points or the requirements of this chapter if the manager finds that the strict application of the green points and mandatory green standards: (1) creates practical difficulties in the construction of a residential unit; or (2) causes undue waste; or (3) the proposed alteration or modification is equivalent to existing mandatory green building requirements or green points; or (4) is necessary to remove barriers for the construction of housing that is affordable to households, as that term is used in Chapter 9-13, "Inclusionary Housing," B.R.C. 1981; or (5) Requires an alteration to an individual landmark or a contributing building in a historic district that would not be eligible for approval as part of a landmark alteration certificate; and (6) when the purposes of this chapter are otherwise met through such alteration or modification. (b) Appeal. An applicant for an alteration or a modification that has been denied by the city manager may appeal the determination by filing an appeal within fourteen days after the denial. Within 60 days after the appeal is filed, unless a different time is mutually agreed upon by the applicant and the city manager, the Board of Zoning Adjustment and Building Appeals will consider the appeal pursuant to the hearing requirements of Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. Ordinance Nos. 7565 (2007); 7701 (2010) 10-7.5-6 Regulations. The city manager may make reasonable interpretive and administrative regulations to aid in applying this subsection under the procedures of chapter 1-4, "Rulemaking," B.R.C. 1981. The city manager is authorized to adopt rules related to the award of green points that provide for equivalent benefits as for similar green point awards in this chapter. The purpose of this grant of rulemaking authority is to allow the city manager to consider green point awards for technology and products that were not contemplated at the time of the adoption of this chapter that will provide benefits that are consistent with the purposes of this chapter. Ordinance No. 7565 (2007) 10-7.5-7 Definitions. (a) The following terms used in this chapter have the following meaning unless the context clearly indicates otherwise: "Addition" An extension or increase in floor area of a building or structure of 500 sq. ft. or greater. "Demolition" or "demolish" means an act or process which removes one or more of the following. The shaded area illustrates the maximum amount that may be removed without constituting demolition. (1) 50 percent or more of the roof area as measured in plan view (see diagram): (2) 50 percent or more of the exterior walls of a building as measured contiguously around the "building coverage" as defined in this section (see diagram). A wall shall meet the following minimum standards to be considered a retained exterior wall: (A) The wall shall retain studs or other structural elements, the exterior wall finish and the fully framed and sheathed roof above that portion of the remaining building to which such wall is attached. (B) The wall shall not be covered or otherwise concealed by a wall that is proposed to be placed in front of the retained wall; and (C) Each part of the retained exterior walls shall be connected contiguously and without interruption to every other part of the retained exterior walls. "FSC" means the Forest Stewardship Council. FSC certified lumber products are accredited and abides by criteria that ensure responsible management of the world's forests. "Home Energy Rating System Index" or "HERS Index" means a rating system where an index of 100 represents the energy use of the "American Standard Building" and an index of zero indicates that the Proposed Building uses no net purchased energy (a Zero Energy Building). "Remodel" means an interior reconfiguration or upgrade of an existing structure of 500 sq. ft. or greater and the work required to complete the reconfiguration or upgrade requires a building permit. "Residential Energy Services Network" or "RESNET" means an organization that sets the standards of quality, and increases the opportunity for ownership of high performance buildings and ensures the success of the building energy performance certification industry. (b) Words defined in section 1-2-1, "Definitions," and section 10-1-1, "Definitions," B.R.C. 1981, have the meanings there expressed if not differently defined by this chapter. Ordinance Nos. 7565 (2007); 7621 (2008) FSolarccess for New Development –A 50.06.007 SOLAR ACCESS 1. SOLAR ACCESS FOR NEW DEVELOPMENT a. Purpose The purposes of the solar access provisions for new development are to ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees. b. Applicability The solar design standard in LOC 50.06.007.1.d shall apply to applications for a development to create lots in the R-7.5, R-10, and R-15 zones and for development which creates lots intended for single-family detached dwellings in any zone, except to the extent the hearing body finds that the applicant has shown one or more of the conditions listed in LOC 50.04.004.1, Exemptions from Solar Design Standard, and LOC 50.04.004.2, Adjustments to Solar Design Standard, exist and exemptions or adjustments provided for therein are warranted. c. Development Review The review procedures for a solar access permit are located in LOC 50.07.004.9, Solar Access Permit. d. Solar Design Standard At least 80% of the lots in a development subject to this section shall comply with one or more of the options in this section. In order to be included in the 80% requirement a lot must also comply with LOC 50.06.007.1.e. i. Basic Requirement A lot complies with this section if it: (1) Has a north-south dimension of 90 ft. or more; and (2) Has a front lot line that is oriented within 30° of a true east-west axis. ii. Protected Solar Building Line Option In the alternative, a lot complies with this section if a solar building line is used to protect solar access as follows: (1) A protected solar building line for the lot is designated on the plat, or documents recorded with the plat; and (2) The protected solar building line for the lot is oriented within 30° of a true east- west axis; and (3) There is at least 70 ft. between the protected solar building line on the lot to the north and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and (4) There is at least 45 ft. between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their south-facing wall will not be shaded by structures or non- exempt vegetation. iii. Performance Option In the alternative, a lot complies with this section if: (1) Habitable structures built on the lot will have their long axis oriented within 30° of a true east-west axis and at least 80% of their ground floor south wall protected from shade by structures and non-exempt trees; or (2) Habitable structures built on the lot will have at least 32% of their glazing and 500 sq. ft. of their roof area which faces within 30° of south and is protected from shade by structures and non-exempt trees. e. Protection from Future Shade Structures and non-exempt vegetation must comply with the Solar Balance Point provisions, LOC 50.06.007.2, for existing lots if located on a lot that is subject to the solar design standard in LOC 50.06.007.1.d, or if located on a lot south of and adjoining a lot that complies with the solar design standard. (Ord. 2579, Repealed and Replaced, 03/20/2012) 2. SOLAR BALANCE POINT a. Purpose The purposes of this section are to promote the use of solar energy, to minimize shading of structures by structures and accessory structures, and, where applicable, to minimize shading of structures by trees. Decisions related to these provisions are intended to be ministerial and not subject to a public hearing and are to be processed as a part of the consideration of the minor development permit for the affected structures. b. Applicability This section applies to an application for a building permit for all structures in the R-7.5, R-10 and R-15 zones and all single-family detached structures in any zone, except to the extent the City Manager finds the applicant has shown that one or more of the conditions listed in LOC 50.04.004.3, Exemption from the Maximum Shade Point Height Standard, and LOC 50.04.004.4, Adjustments to the Maximum Shade Point Height Standards, exists, and exemptions or adjustments provided for therein are warranted. In addition, non-exempt vegetation planted on lots subject to the provisions of LOC 50.06.007.1.e, Protection from Future Shade, shall comply with the maximum shade point height standard. Solar plan procedures are located in LOC 50.07.004.9. c. Maximum Shade Point Height Standard The height of the shade point shall comply with either subsection 2.c.i or ii of this section. i. Basic Requirement The height of the shade point shall be less than or equal to the height specified in Table 50.06.007-1 or computed using the following formula. If necessary, interpolate between the five-ft. dimensions listed in Table 50.06.007-1. TABLE 50.06.007-1: CALCULATION OF HEIGHT OF SHADE POINT H = (2 x SRL) – N + 150 5 Where H = The maximum allowed height of the shade point. SRL = Shade reduction line (the distance between the shade point and the northern lot line); and N = The north-south lot dimension; provided, that a north-south lot dimension more than 90 ft. shall use a value of 90 ft. for this section. Provided, the maximum allowed height of the shade point may be increased one ft. above the amount calculated using the formula or Table 50.06.007-2 for each ft. that the average grade at the rear property line exceeds the average grade at the front property line. TABLE 50.06.007-2: MAXIMUM PERMITTED SHADE POINT HEIGHT Distance North-South Lot Dimension (in ft.) to Shade Reductio n Line from 100+ 95 90 85 80 75 70 65 60 55 50 45 40 Northern Lot Line (in ft.) 70 40 40 40 41 42 43 44 65 38 38 38 39 40 41 42 43 60 36 36 36 37 38 39 40 41 42 55 34 34 34 35 36 37 38 39 40 41 50 32 32 32 33 34 35 36 37 38 39 40 41 42 45 30 30 30 31 32 33 34 35 36 37 38 39 40 40 28 28 28 29 30 31 32 33 34 35 36 37 38 3526 26 26 27 28 29 30 31 32 33 34 35 36 3024 24 24 25 26 27 28 29 30 31 32 33 34 2522 22 22 23 24 25 26 27 28 29 30 31 32 20 20 20 20 21 22 23 24 25 26 27 28 29 30 15 18 18 18 19 20 21 22 23 24 25 26 27 28 10 16 16 16 17 18 19 20 21 22 23 24 25 26 5 14 14 14 15 16 17 18 19 20 21 22 23 24 ii. Performance Option The proposed structure, or applicable non-exempt vegetation, will shade not more than 20% of the south-facing glazing of existing habitable structure(s), or, where applicable, the proposed structure or non-exempt vegetation complies with LOC 50.06.007.1.d.ii or iii. If the protected solar building line is used, non-exempt trees and the shade point of structures shall be set back from the protected solar building line two and one-half ft. for every one ft. of height of the structure or of the mature height of non-exempt vegetation over two ft. d. Analysis of Allowed Shade on Solar Feature i. The applicant is exempt from this section if the lot(s) south of and adjoining the applicant’s property is exempt from LOC 50.06.007.2.c, Maximum Shade Point Height Standard. ii. Applicants shall be encouraged to design and site a proposed habitable structure so that the lowest height of the solar feature(s) will not be shaded by buildings or non-exempt trees on lot(s) to the south. The applicant shall complete the following calculation procedure to determine if the solar feature(s) of the proposed structure will be shaded. To start, the applicant shall choose which of the following sources of shade originating from adjacent lot(s) to the south to use to calculate the maximum shade height at the north property line: (1) Existing structure(s) or non-exempt trees; or (2) The maximum shade that can be cast from future buildings or non-exempt trees, based on Table 50.06.007-3. If the lot(s) to the south can be further divided, then the north-south dimension shall be assumed to be the minimum lot width required for a new lot in that zone. TABLE 50.06.007-3: ADJACENT SHADE CALCULATION North-south lot dimension of adjacent lot(s) to the 100 95 90 85 80 75 70 65 60 55 50 45 40 south (in ft.) Allowed shade height (SH) 12 12 12 13 14 15 16 17 18 19 20 21 22 at the north property line of adjacent lot(s) to the south (in ft.) iii. The height of the lowest point of any solar feature of the proposed structure shall be calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south. iv. The applicant shall determine the height of the shadow that may be cast upon the applicant’s solar feature by the source of shade selected in subsection 2.d.ii of this section by using the following formula or Table 50.06.007-4. SFSH = SH – (SGL/2.5) Where: SFSH = The allowed shadow height on the solar feature. SH = The height of the shade at the northern lot line of lot(s) to the south as determined in LOC50.06.007.2. SGL = The solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south). Table50.06.007-3 may be used to determine (SH) in the above formula. v. If the allowed shade height on the solar feature calculated in subsection 2.d.iv of this section is higher than the lowest height of the solar feature calculated in subsection 2.d.iii of this section, the applicant shall be encouraged to consider any changes to the house design or location which would make it practical to locate the solar feature so that it will not be shaded in the future. TABLE 50.06.007-4: MAXIMUM PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE Distance from Solar Allowed Shade Height (SH) Gain Line at Northern Lot Line of Adjacent Lot(s) to the South (in ft.) to Lot Line (in ft.) 222120191817161514112 3 50 21 45 43 2 1 40 65 4 3 2 1 3587 6 5 4 3 2 1 3010 9 8 7 6 5 4 3 2 1 2512 11 10 9 8 7 6 5 4 3 2 20 14 13 12 11 10 9 8 7 6 5 4 15 16 15 14 13 12 11 10 9 8 7 6 10 18 17 16 15 14 13 12 11 10 9 8 5 20 19 18 17 16 15 14 13 12 110 1 e. Solar Balance Point If a structure does not comply with the maximum shade point height standard in LOC 50.06.007.2.c and the allowed shade on a solar feature standard in LOC 50.06.007.2.d, then the solar balance point of the lot shall be calculated. The solar balance point is the point on the lot where a structure would be the same from complying with both of these standards. f. Yard Setback Adjustment A yard setback may be adjusted for solar access according to the provisions of LOC 50.08.001.3, Solar Access Yard Setback Adjustment. (Ord. 2579, Repealed and Replaced, 03/20/2012) From: "Melanie Mindlin" <sassetta@mind.net> To: "Bill Molnar" <molnarb@ashland.or.us>, "Maria Harris" <maria@ashland.or.us> Cc: "John Stromberg" <john@council.ashland.or.us> Sent: Friday, November 2, 2012 11:33:39 AM Subject: Solar Design Standards in the ALUO project Hi Bill and Maria, Recently Bill and I discussed my desire to see some minimal solar design standards included in the Ashland Land Use Code within the framework of our current ALUO update. I believe that we are on good footing for working on solar design standards within this project. The City Council has set goals for improving our green standards: "Adopt land use codes, building codes, green building standards, and fee structures that creates strong incentives for development that is energy, water and land efficient and supports a multi-modal transportation system;" and "Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands." In addition, it states in the description of this project that we will also include "green development measures, and preparation of code amendment options addressing these areas for consideration." It also says that "addressing the planning application process and green development measures may result in policy changes." When Bill and I spoke he asked me to provide a written description of the design standards which I am proposing. We also looked at some language in the Croman Mill plan which seem like a good starting point for these standards. Here is the section that has been adopted in the Croman Mill Plan: VIII-C-9 Solar Orientation. Incorporate passive and active solar strategies in the design and orientation of buildings and public spaces. When site and location permit, orient the building with the long sides facing north and south. I would like to see the following solar orientation standards adopted as part of our design standards for all residential construction, both subdivisions, multi-family and single family. Bill suggested that we might want to give people a choice of either #3 or #4 below. If we do this, I would like the language to say that we prefer people to do both but will accept one or the other. 1) Street orientation. Where new streets and lots are being created, keep as close as possible to a north-south and east-west access so that buildings within the street grid can have south facing sides. Actually, the ideal orientation is 15 degrees east of south. It would be great to get that specific, but not necessary. 2) Building orientation." When site and location permit, orient the building with the long sides facing north and south." 3) Passive Solar Floor Plans. Keep the side of the building which is most south facing clear for passive solar access. Even if the original window design does not include passive solar or solar tempering strategies, the home design should allow for easy retrofit for south facing passive solar windows. First and foremost, this means do not put the garage on the south side of the building. However, suggestions for putting primary living spaces not utility rooms and closets on the south side of the building should also be included. 4) South Facing Roofs. At least 30% of the roof should face as close to south as possible as allowed by the building orientation in order to provide surface for solar collection. I look forward to hearing from you as to how we can proceed to include these standards in the updated ALUO. Thank you, Melanie Mindlin Chair, Planning Commission ¦ « « «