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HomeMy WebLinkAbout2013-11-26 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION STUDY SESSION NOVEMBER 26, 2013 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. PUBLIC FORUM IV. DISCUSSION ITEMS Normal Avenue Plan Update Unified Land Use Ordinance: Final Draft Review of Section 18-5, Application Review Procedures and Approval Criteria V. ADJOURNMENT CITY OF S L A AW&I In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). CITY of ASHLAND Memo Planning Commission 1112612013 TO: Ashland Planning Commission FROM: Brandon Goldman, Senior Planner Brandon.Goldman@ashland.or.us RE: Normal Avenue Neighborhood Plan Update and Ordinance Discussion Summary The draft Normal Avenue Neighborhood Plan is in the process of being refined prior to initiation of the final plan legislative review process. At this evening's study session the Planning Commission will be presented with draft Land Use ordinance amendments, as well as an update regarding the recommendation forwarded by the Ashland Transportation Commission. Background Planning Commission review The Planning Commission held a meeting on October 8th , 2013 to take public testimony and discuss the draft Normal Avenue Neighborhood Plan. Through these discussions the Planning Commission identified a number of areas where the proposed land use code needed to be further evaluated. Commission discussion regarding the land use, openspace, and transportation frameworks are reflected in the 10/08/2013 meeting minutes. The draft Chapter 18 Code Amendments (general regulations and site design and use standards) for the plan area are intended to promote desirable residential areas by addressing efficient land use, safety, privacy, energy conservation, aesthetically pleasing environments, and recreational opportunities. The site development standards allow for flexibility of development while aiming to maintain compatibility with existing neighborhoods and consistency with existing ordinances. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is allowed once properties within the plan area are annexed into the City. During the October 8th Study Session Planning Commissioners requested that the proposed land use code sections that differ from existing requirements applicable elsewhere in the city be highlighted. The draft code presented includes call-out boxes to indentify these sections where standards deviate from the existing code. Additionally, specific standards are subject to change depending upon the resolution of ongoing discussions regarding the Unified Land Use Ordinance (ULUO) update. In such cases the draft Normal Avenue Neighborhood Plan code amendments reference the draft ULUO section to ensure consistency at the future point of adoption. Page 1 of 3 ~1, CITY OF ASHLAND Transportation Commission review The Transportation Commission took public testimony and discussed the draft plan on September 26th, October 24th, and continued deliberation to a special meeting held November 14th, 2013. The Transportation Commission's discussions centered upon the mobility framework presented in the draft plan. During the special meeting (11/14/2013) a revised Future Traffic Analysis prepared by SO Alliance was presented to the Transportation Commission to provide data and an analysis to address questions raised by commissioners at their September and October meetings. In addition to the findings presented in the draft report, the final version of the traffic report included: • An evaluation of future traffic impacts along East Main St. and Clay Street at the intersections of the proposed access points to the plan area. o The analysis found that the proposed intersections all would function within the applicable mobility standards upon build out of the plan area projected to the year 2038. o The Future Traffic Analysis included a graphic (map) that showed projected traffic volumes at all site access points at full build out. o A summary of the site access traffic control and mitigation needs relating to East Main Street was provided which found a standard Avenue cross section with two bike lanes, two 11' travel lanes, and a park-row and sidewalk on the south side would be sufficient to accommodate projected traffic flow. It was suggested that a center turn lane could be considered. • An evaluation of the feasibility of a new road connection at the location of the existing driveway used to provide access to both the school bus turnaround and Grace Point Church. o Traffic counts at this intersection were collected between October 31 through November 3rd, 2013. o Intersection turning movements at the peak PM hour were collected on November 5, 2013. o Traffic modeling was completed for this potential intersection finding that upon development it would anticipate approximately 53 vehicle trips at peak hour, and as such operate at mobility standards. The operational analysis for this location projected to the expected volumes to the year 2038. • An evaluation of the feasibility of a new local road extension of the existing unimproved Normal Avenue due north to intersect with East Main Street immediately adjacent to Temple Emek Shalom. o Potential traffic volumes for this potential intersection projected to the year 2038. o An extension of the existing Normal Avenue local road is not presently proposed in the current draft plan originally presented to the Transportation Commission and Planning Commission for consideration (dated Sept 24, 2013). o Staff is awaiting full commission reviews and recommendations prior to developing any alternate scenario as part of development of a final plan. Page 2 of 3 ~1, CITY OF ASHLAND Upon review of the materials provided and deliberation the Transportation Commission approved a motion (3-2) to recommend elimination of two of proposed new street connections to East Main Street , leaving only the new Normal Avenue connection in its proposed location. Prior to this motion the Commission was split with a 3-3 motion to approve the transportation element of the plan as presented. Next Steps The City Council is scheduled to review the draft plan at their regular study session on December 2, 2013. The Planning Commission's formal public hearing initially scheduled to take place in December has been rescheduled to take place on January 14, 2014. At this upcoming hearing the Commission will be presented with the final plan, implementing ordinance, Comprehensive Plan and Transportation System Plan map amendments necessary to implement the Normal Avenue Neighborhood Plan. Attachments: (available online at www.ashland.or.us/normalplan)- * Chapter 18 Code Amendments (draft 11/2612013) • Future Traffic Analysis (dated 11/19/2013) (available online or provided upon request) o Traffic Report Figures (available online or provided upon request) o Traffic Report Appendices (available online or provided upon request- 124pg data file) • Letter submitted to Transportation Commission 11/14/2013 o DeMarinis letter and Exhibit submitted 10/31 • Packet materials provided on 10/08/2013 (See prior packet - also available online or upon request) o Draft Final Plan o Land Use Zoning Map o Street and Open space Network o Pedestrian and Bicycle Network o Letters (online or upon request) ■ DeMarinis letter and exhibits (10/8) ■ Meadowbrook Home Owners (Anderson) letter and exhibits ■ Ashland Meadows (Skuratowicz) letter ■ Koopman letter and exhibits Page 3 of 3 Normal Avenue Neighborhood Plan -"1 -11 Chapter 18 Code Amendments 18-3.x Normal Avenue Neighborhood Plan 1 8-3.x.01 0 Purpose 1 8-3.x.020 Applicability 18-3.x.030 General Requirements 1 8-3.x.040 Use Regulations 1 8-3.x.050 Dimensional Regulations 1 8-3.x.060 Site Development and Design Standards 18-3.x.070 Open Space Overlay 1 8-3.x.080 Site Plan Review 18-3.x.010 Purpose The purpose of this section is to implement the Normal Avenue Neighborhood Development Plan. The neighborhood is designed to provide an environment suitable for traditional neighborhood living and recreation. The Normal Avenue Neighborhood Development Plan is a blueprint for promoting a variety of housing types while preserving open spaces, stream corridors, wetlands, and other significant natural features. The neighborhood will be characterized by a connected network of streets and lanes, paths and trails, with nodes of access and connection to the natural areas, wetlands, and streams that occur. This network will also connect to the larger network of regional trails, paths, and streets beyond the boundaries of the neighborhood. 18-3.x.020 Applicability This chapter applies to properties designated as Normal Avenue Neighborhood Plan Overlay on the Ashland Zoning Map, and pursuant to the Normal Avenue Neighborhood Plan adopted by Ordinance [#number (date)]. Development located within the Normal Avenue Neighborhood Development Plan is required to meet all applicable sections of this ordinance, except as otherwise provided in this chapter; where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the Normal Avenue Neighborhood Plan shall govern. 18-3.x.030 General Requirements A. Conformance with the Normal Avenue Neighborhood Plan. Land uses and development, including buildings, parking areas, streets, bicycle and pedestrian access ways, multi-use paths, and open spaces shall be located in accordance with those shown on the Normal Avenue Neighborhood Plan maps adopted by Ordinance [#number (date)]. B. Amendments. Major and minor amendments to the Normal Avenue Neighborhood Plan shall comply with the following procedures: 1. Major and Minor Amendments a. Major amendments are those that result in any of the following: i. A change in the land use overlay designation. ii. A change in the maximum building height dimensional standards in section 18-3.x.050 iii. A change in the allowable base density, dwelling units per acre, in section 18-3.x.050. iv. A change in the Plan layout that eliminates a street, access way, multi-use path or other transportation facility. v. A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those that result in any of the following: i. A change in the Plan layout that requires a street, access way, multi-use path or other transportation facility to be shifted fifty (50) feet or more in any direction as long as the change maintains the connectivity established by Normal Avenue Neighborhood Plan. ii. A change in a dimensional standard requirement in section 1 8-3.x.050, but not including height and residential density. Minor/Maior Amendment changes: As presented modifications to the transportation framework in the would trigger a minor amendment if the transportation facility moved by greater than 50'. If a facility was to be eliminated than a major amendment to the plan would be necessary. 2. Major Amendment - Type II Procedure. A major amendment to the Normal Avenue Neighborhood Plan is subject to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon finding that the proposed modification will not adversely affect the purpose of the Normal Avenue Neighborhood Plan. In addition to complying with the standards of this section for a major amendment shall demonstrate that: a. The proposed modification maintains the connectivity established by the Normal Avenue Neighborhood Plan; b. The proposed modification furthers the design and access concepts of the Normal Avenue Neighborhood Plan, including pedestrian access, bicycle access, and development of the greenway trail system. c. The proposed modification furthers the protection and enhancement of the natural systems and features of the Normal Avenue Neighborhood Plan, including stream beds, riparian zones, wetlands, and development of the greenway trail system by increasing their area and/ or extent or improvements in the quality of existing areas. d. The proposed modification will not reduce the overall intensity of residential development permitted under the site development standards. e. The proposed modification is a necessary to accommodate physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, greenways, streams and wetlands, or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment - Type 1 Procedure. A minor amendment to the Normal Avenue Neighborhood Development Plan is subject to an administrative decision under the Type I Procedure. Minor amendments shall not be subject to the Exception to the Site Design and Use Development Standards of chapter 18-5.2.050(D). A minor amendment may be approved upon finding that granting the approval will result in a development design that equally or better achieves the stated purpose of this chapter and Normal Avenue Neighborhood Plan Standards. 18-3.x.040 Use Regulations A. Plan overlay zones.There are four Land Use Designation Overlays zones within the Normal Avenue Neighborhood Plan: NA-01, NA-02, NA-03 and NA-03C. 1. Plan Overlay zone NA-01 is intended to preserve land and open space and provide housing opportunities for individual households. The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed, in addition to the detached single dwelling. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 2. Plan Overlay zone NA-02 is intended to preserve land and open space and provide housing opportunities for individual and multi-family households. The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed including multiple compact attached and/or detached dwellings which occupy a single lot. Dwellings may be grouped around common open space and be separated from one another by side yards to provide privacy and single family home-type scale and character. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 3. Plan Overlay zone NA-03 is intended to preserve land and open space and provide housing opportunities for individual households through development of multi-dwelling housing. The use regulations and development standards are intended to create and maintain a range of housing choices, including higher intensity housing within the context of the residential character of the Normal Avenue Neighborhood Plan. 4. Plan Overlay zone NA-03C is also intended to provide housing opportunities for individual households through development of multi-dwelling housing with the added allowance for neighborhood-serving commercial mixed- uses so that many of the activities of daily living may be met within the Normal Avenue Neighborhood. B. Normal Avenue Neighborhood Plan Residential Building Types. The development standards for the Normal Avenue Neighborhood Plan will preserve neighborhood character by providing four different land use overlay areas with different concentrations of varying housing types along with neighborhood design standards. The Normal Avenue Neighborhood Plan includes a new building type, Pedestrian-Oriented Cluster in which multiple compact attached and/or detached Dwellings occupy a single lot. Dwellings are grouped around common open space and are separated from one another by side yards to provide privacy and single family home-type scale and character. 1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a detached residential building that contains a single dwelling with self-contained living facilities on one lot. It is separated from adjacent dwellings by private open space in the form of side yards and backyards, and set back from the public street or common green by a front yard. Auto parking is provided in either a garage or on surface area on the same lot, accessible from the lane or alley. The garage may be detached or attached to the dwelling structure. 2. Accessory Residential Unit. An Accessory Residential Unit is a secondary dwelling unit on a lot where the primary use is a single-family dwelling, either attached to the single-family dwelling or in a detached building located on the same lot with a single-family dwelling, and having an independent means of access. 3. Double Dwelling Residential Unit. A Dwelling Residential Unit ( Duplex)is a residential building that contains two dwellings, each with self-contained living facilities on a single lot. Double Dwelling Residential Units must share a common wall or a common floor/ ceiling. In appearance, height, massing and lot placement the Double Dwelling Residential Unit is similar or identical to a Single Dwelling Residential Unit. The Double Dwelling Residential Unit is subject to all of the same setbacks, height and parking requirements as single dwellings in the surrounding base zone. Residential units may be arranged side-by-side, like rowhouses, each with its own entrance, or stacked flats with one or more shared entrances. 4. Attached Residential Unit. Attached Residential Units, or rowhouses, are single dwellings with self-contained living facilities on one lot, attached along one or both sidewalls to an adjacent dwelling unit. Private open space may take the form of front yards, backyards, or upper level terraces. The dwelling unit may be set back from the public street or common green by a front yard. Where auto parking is provided on the same lot, either detached or attached to the dwelling structure, it shall be accessible from the rear lane or alley. 5. Clustered Residential Units - Pedestrian-Oriented. Pedestrian-Oriented Clustered Residential Units, or cottage housing) are multiple compact dwellings or cottages that occupy a single lot. Dwellings are grouped around common open space and are separated from one another by side yards to provide privacy and single family home-type scale and character. Units are arranged around a central common open space under shared ownership. Each cottage is typically smaller than sq. ft. Dwelling units may be condominiums, apartments dwellings on individual lots. 6. Multiple Dwelling Residential Unit. Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings may take the form of attached residential units (like rowhouses) or stacked flats (like apartments) or a combination of attached and stacked units. Dwelling units may be condominiums or apartments. Auto parking is provided in a shared surface area or areas or parking covered or underground parking structure internal to the lot. C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Avenue Neighborhood Plan area as listed in the Land Use Table. Land Use Table 18-3.xx.040 Description NA-02 NA-03 NA-01 Multi-family Multi-family Single family low density High Density Residential Residential Residential Residential Uses Single Dwelling Residential Unit (Single- P P N Family Dwelling) Accessory Residential Unit P P P Double Dwelling Residential Unit (Duplex N P P Dwelling) Cottage Housing P N N Attached Residential Unit N P P Multiple Dwelling Residential Unit N P P (Multi family Dwelling) Manufactured Home on Individual Lot P P P Manufactured Housing Development N P P Neighborhood business and service Uses Home Occupation P P P Neighborhood Serving Commercial N N S Assisted Living Facilities N C C Public and Institutional Uses Religious Institutions and Houses of C C C Worship Public Buildings P P P Community Gardens P P P Openspace and Recreational Facilities P P P P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of Part 18-5. See section 18-5.1.020 Determination of Review Procedure. 2. Special Permitted Uses. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18-2.3 Special Use Standards. The following uses and their accessory uses are special permitted uses in the Use Tablet 8-3.x.040 and are subject to the requirements of this section and the requirements of chapter 18-5.2, Site Design and Use Standards. a.. Portions of the Land Use Designation NA-03 identified in the overlay map are designed as a mixed-use area providing for residential uses, commercial commodities and services that serve the immediate area. Within the mixed-use commercial overlay area the following uses and their accessory uses are permitted outright: i. Professional, financial, business and medical offices, and personal service establishments such as beauty and barber shops, launderette, and clothes and laundry pick-up stations, limited to no greater than 3,500 square feet of total floor area. ii. Neighborhood oriented stores, shops and offices supplying commodities or performing services, except that retail uses shall be limited to no greater than 3500 square feet of total floor area. iii. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies six hundred (600) square feet or less, and is contiguous to the permitted retail outlet. iv. Restaurants. v. Day Care Centers 3. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18-5.4 Conditional Use Permits. 4. Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an allowed use following the procedures of section 18-1.5.040 Similar Uses, are prohibited. 18-3.x.050 Dimensional Regulations A. The lot and building dimensions shall conform to the standards in Table 1 8-3.x.050 below. Table 1 8-3.x.050 Dimensional Standards Description NA-01 NA-02 NA-03 Base density, dwelling units per acre 5 10 15 Minimum Lot Area', square feet 5,000 3500 3000 (applies to lots created by partitions only) Minimum Lot Depth', feet 80 80 80 (applies to lots created by partitions only) Minimum Lot Width', feet 50 35 25 (applies to lots created by partitions only) Minimum Front Yard Setback, feet 15 15 10 Minimum Front Yard Setback to the face of a garage, 20 20 20 feet X2 X2 X2 Minimum Front Yard Setback to unenclosed front porch, Currently under discussion as part of the feet ULUO update - to be consistent with city wide standard Minimum Side Yard Setback, feet 6 0 3 0 3 Minimum Side Yard Setback for corner lots abutting a 10 10 10 public street, feet Minimum Rear Yard Setback, feet 10 ft per Bldg Story, 5 feet per Half Story Maximum Building Height, feet / stories 35 / 2.5 35 / 2.5 35 / 2.5 Maximum Lot Coverage, percentage of lot 50% 65% 75% Minimum Required Landscaping, percentage of lot 50% 35% 25% Parking See section 18-4.3.080 Vehicle Area Design Requirements Minimum Outdoor Recreation Space, percentage of lot na 8% 8% 1 Minimum Lot Area , Depth, and Width requirements do not apply in performance standards subdivisions. 2 Minimum Front Yard Setback to an unenclosed front porch (Feet), or width of a public easement whichever is greater. 3 Minimum Side Yard Setback for Attached Residential Units (Feet) Dimensional Standards that differ from existing code: Base Densities are unique to the Normal Avenue Plan. Densities are most readily comparable to R-1-5 at 4.5 units per acre: R-1-3.5 at 7.2 units per acre: and R-2 at 13.5 units per acre. New minimum lot area for lots created through partitions - in R-2 the minimum lot area is currently 7000 sq.ft. for 2 units but the minimum for one unit is 5000sq.f, allowing single 3500 square foot lots is indented to provide greater flexibility enabeling small lot development through partitions. New minimum lot widths to allow for smaller lots. Current minimums with in R-13.5 or R- 2 exclusive of performance standards subdivisions are 50'. These smaller widths would allow for small lots through partitions when the base density is met. (Note some historic lots in the Railroad District are 25' in width and 3000sgft. in lot area) Minimum Front Yard Setback provides for a 15' front yard in NA-02 (currently 20' in R-1- 3.5) and a 10' front yard in NA-03 (currently 15' in R-2). Given higher densities allowed in the respective NA zones, and the allowance for multi-family housing types, a reduced minimum front yard setback is intended in part to preserve greater flexibility in site design and location of useable common open space. Minimum Rear Yard Setback as presented is consistent with currently proposed in ULUO newly proposed half-story 5' setback. B. Density Standard. Except density gained through bonus points under section 18-2.X.XXX Affordable Housing Standards or chapter 18-3.8 Performance Standards Option, development density in the Normal Avenue Neighborhood shall not exceed the densities established by this section. 1 The density in NA-01, NA-02 and NA-03 zones shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public, and subject to the exceptions below. Fractional portions of the answer shall not apply towards the total density (Density = units/acreage). 2. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations. 3. Accessory residential units are not required to meet the density or minimum lot area requirements of this section. See section 18-2.3.040 for accessory residential unit standards. C. Yard Requirements and General Exceptions 1. In addition to the requirements of this chapter, yard requirements shall conform to the Solar Access standards of chapter 18-4.10. 2. Side and rear yard exceptions for accessory buildings and special alley setbacks are allowed within the Normal Avenue Neighborhood in conformance with chapter 18-2.5.060(B) Side and Rear Yard Exceptions. 18-3.x.060 Site Development and Design Standards. The Normal Avenue Neighborhood Design Standards provide specific requirements for the physical orientation, uses and arrangement of buildings; the management of parking; and access to development parcels. Development located in the Normal Avenue Neighborhood Plan area shall be designed and constructed consistent with the following Design Standards. A. Street Design and Access The design and construction of streets and public improvements shall be in accordance with the Ashland Street Standards, except as otherwise required for the following facilities within the Normal Avenue Neighborhood Plan. A change in the design of a street in a manner inconsistent with the Normal Avenue Neighborhood Plan Design Standards requires a minor amendment in accordance with section 18-3.x.030.6. 1. Street Design. The Normal Avenue Neighborhood Plan uses street trees, green streets, and other green infrastructure to manage stormwater, protect water quality and improve watershed health. The urban streams and wetlands manage stormwater naturally and are part of Ashland's green infrastructure. Direct discharge storm water runoff into a designated green street and neighborhood storm water treatment facilities. a.. Design Green Streets. Streets designated on the Normal Avenue Neighborhood Plan as Green Streets shall conform to the following standards. i. New streets shall be developed to capture and treat stormwater in conformance with the City of Ashland Stormwater Master Plan. ii. Parking lanes and parking pockets on all Green Streets within the Normal Avenue Neighborhood Plan shall be constructed of permeable pavement or porous solid su rface. iii. All development served by planned Green Streets as designated on the Normal Avenue Neighborhood Plan shall accommodate said facilities by including the same in the development plan; and/or iv. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of the Green Street(s) at the time full street network improvements are provided to serve the development. Suitable collateral may be in the form of security interest, letters of credit, certificates of deposit, cash bonds, bonds or other suitable collateral as determined by the City Administrator. 2. Street Standards: New developments shall provide avenues, streets, rear lanes, multi-use paths, and pedestrian and bicycle improvements in conformance with the circulation framework and street standards of the Normal Avenue Neighborhood Plan. a. The standards apply to: i. Normal Avenue (cross section graphic) ii. Neighborhood Street (cross section graphic) iii. Shared Street (cross section graphic) iv. Common Greens (cross section graphic) v. Rear Lanes (alleys) (cross section graphic) vi. Multi-use Paths (cross section graphic) b. Streets designated as Shared Streets on the Normal Avenue Neighborhood Plan Street Classification Map may be alternatively developed as shared streets, alleys, or multiuse paths provided the following: i. Impacts to the water protection zones is minimized to the greatest extent feasible ii. Pedestrian and cyclist connectivity, as indicated on the Normal Avenue Neighborhood Plan Pedestrian and Bicycle Network Map, is maintained or enhanced. 18.3.x.060(A)2b is a new provision to address the unique function of the designated Shared Streets (woonerfs), adjacent to natural areas. Flexibility in the street type improvements provided in those locations would allow future applications to scale the design of facilities to be specific to the development proposal while retaining the primary bike and pedestrian connectivity intended for these facilities. 3. Access Management Standards: To manage access to land uses and on-site circulation, and maintain transportation safety and operations, vehicular access shall conform to the standards set forth in section 18-4.3, and as follows: a. Automobile access to development is intended to be primarily provided by Rear Lanes (alleys). b. Curb cuts along a Neighborhood Collector or shared street providing vehicular access to developments shall be limited to one per block, or one per 200 feet where established block lengths exceed 400 feet. 4. Required On-Street Parking: On-street parking is a key strategy to traffic calming and is required along the Neighborhood Collector and Neighborhood Streets as indicated on the street sections. B. Site and Building Design Standards. 1. Building and Lot Orientation General Requirements: a. Lot Frontage Requirements: Lots in the Normal Avenue Neighborhood are required to have their Front Lot Line on a street or a Common Green. b. Common Green. The Common Green provides access for pedestrians and bicycles to abutting properties. Common greens are also intended to serve as a common open space amenity for residents. The following approval criteria and standards apply to common greens: i. Common Greens must include at least 400 square feet of grassy area, play area, or dedicated gardening space, which must be at least 15 feet wide at its narrowest dimension. c. Parking Areas and On-site Circulation. Except as otherwise required by this chapter, automobile parking, loading and circulation areas shall comply with the requirements of chapter 18-4.3 Parking, Access, and Circulation Standards: i. Neighborhood serving commercial uses within the NA-03 mixed use overlay, are not required to provide off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit. 2. Cottage Housing.: Cottage housing developments are allowed within the Normal Avenue Neighborhood subject to the applicable standards of chapter 18-2.3.090 Cottage Housing and as follows: a. Cottage housing developments are allowed within the NA-01 zone subject to the applicable provisions of the underlying zone and review through Chapter 18-3.8 Performance Standards Option. i. In the NA-01 zones, two cottage house units developed consistent with the requirements of chapter 18-2.3.090 shall be allowed in place of each single-family home allowed by the base density of the district where a density bonus is approved under section 18-3.8.050.6.5. The above section on Cottage Housing in the NA-01 (single family) zone references the standards currently being discussed as part of the ULUO update. The intent is to ensure consistency in the standards across the City's SFR zones for this housing type and any density bonuses that are allowed. Cottage style housing developments could be developed within NA-02 and NA-03 zones by merit of the allowable densities without needing to utilize the cottage housing density bonus in chapter 18-3.8 Performance Standards Options. Further housing developments in the NA-02 and NA-03 zones are not subject the maximum floor area or height limitation stipulated for cottage housing in chapter 18-2.3.090. 3. Conservation of Natural Areas. Development plans shall preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and wetlands. In addition to the requirements of 18-3.10 Water Resources, conserving natural water systems shall be considered in the site design through the application of the following guidelines. a.Designate a minimum no-build buffer around wetlands. b.Designated stream and wetland protection areas shall be considered positive design elements and incorporated in the overall design of a given project. c.Native riparian plant materials shall be planted in and adjacent to the creek to enhance habitat. d.Create a long-term management plan for on-site wetlands, streams, associated habitats and their buffers. 4. Stormwater Management. Natural water systems regulate water supply, provide biological habitat, and may provide recreational opportunities. Undeveloped ecosystems absorb much of the precipitation that falls on them, conveying only a small portion of rainfall as surface runoff. New and infill development should minimize disturbances to the functioning of on-site, adjacent, and regional natural water systems. Development shall reduce the public infrastructure costs and adverse environmental effects of stormwater run-off by managing run-off from building roofs, driveways, parking areas, sidewalks and other hard surfaces through implementation of appropriate stormwater management practices including one or more of following guidelines. a. Implement stormwater management techniques that endeavor to treat the water as close as possible to the spot where it hits the ground through infiltration, evapotranspiration or through capture and reuse techniques. b. Use on-site landscape-based water treatment methods to treat rainwater runoff from all surfaces, including parking lots, roofs, and sidewalks. d. Use of pervious or semi-pervious surfaces that allow water to infiltrate soil. e. Design grading and site plans create a system that slows the stormwater, maximizing time for cleansing and infiltration. f.Maximizing the length of overland flow of stormwater through bioswales and rain gardens, g. Use structural soils in those environments that support pavements and trees yet are free draining. h. Plant deep rooted native plants. i, Replace metabolically active minerals, trace elements and microorganism rich compost in all soils disturbed through construction activities. The stormwater management guidelines above are specific to the Normal Ave. Plan area in consideration of the unique hydrology on the site. A menu of options is provided as not all management practices may be feasible on all properties within the plan area. 5. Design Green Surface Parking. Development of parking areas shall conform to the standards of chapter 18- 4-3 Parking, Access and Circulation; chapter 18-4.4 Landscaping and Screening; and the applicable provisions of this chapter. 6. Minimize Construction Impacts. Construction activity shall minimize pollution and waste generation through the following measures. a. Develop and implement an erosion and sediment control plan to reduce pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation in accordance with Ashland Public Works Standards. The erosion and sediment control plan shall be submitted with the final engineering for public improvements and building permits. b. Restore soils within areas that have been compacted by heavy equipment or the storage of construction materials. c. Recycle and/or salvage non-hazardous construction and demolition debris in accordance with the Building Demolition Debris Diversion requirements in 15.04.216.C. 7. Water Conserving Landscaping. Reference Unified Land Use Ordinance 18-4XXX 8. Solar Orientation. Reference Unified Land Use Ordinance 18-4XXX 9. Building Shading. In order to promote energy conservation, development plans shall promote passive and active solar strategies for residential development. a. On-site parking, carports, and garages located on the south side of residential development shall not shade, shadow, or obscure more than 15 percent of the residential building. 10. Outdoor Lighting. Outdoor lighting, in addition to complying with chapter 18-4.4.050 Outdoor Lighting, shall use down-shielded light fixtures that do not allow light to emit above the 90- degree plane of the fixture. 1 8-3.x.070 Open Space Overlay All projects containing land identified as Open Space (NA-OS) on the Normal Avenue Neighborhood Development Plan Land Use Overlays Map shall dedicate those areas as: common areas, public open space, or private open space protected by restrictive covenant. It is recognized that the master planning of the properties as part of the Normal Avenue Neighborhood Plan imparted significant value to the land, and the reservation of those lands within the Normal Avenue Neighborhood Development Plan for open space and conservation purposes is proportional to the value bestowed upon the property through the change in zoning designation and future annexation. 18.3.x.080 Site Plan Review A. Applicability. The following planning applications shall comply with applicable Normal Avenue Neighborhood Design Standards and all other requirements outlined in the Site Design and Use Standards chapter 18-5.2. 1. Developments requiring annexation approval under chapter 18-5.7 2. Developments Requiring Site Plan Approval under the chapter 18-5.2. 3. Performance Standards Option Developments. In addition to the submittal requirements for Final Plan approval, per chapter 18-3.8, the applicant shall provide typical elevations incorporating the architectural elements described in the Normal Avenue Neighborhood Design Standards for all proposed buildings. 4. Partitions. B. Review and Approval Procedure. All land use applications shall be reviewed and processed in accordance with the applicable procedures of Part 18-5. C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of this ordinance, applications within Normal Avenue Neighborhood Plan area shall also meet the following criteria: 1. The application demonstrates conformity to the general design requirements of the Normal Avenue Neighborhood Plan including density, transportation, building design, and building orientation. D. Applicability of Other Sections of the Land Use Ordinance. Development located within the Normal Avenue Neighborhood Plan overlay zones NA-01, NA-02, NA-03, and NA-03C shall be required to meet all other applicable sections of the Land Use Ordinance, except as otherwise provided in this Chapter. To: craig; 'David Chapman'; Mike Faught; graf@sou.edu; spawn; Corinne; dyoung@jeffnet.org; carol; April Lucas; tbrownpc; rpkaplan46; Debbie Miller; Melanie Mindlin; Bill Molnar; inike; tinpeddicord October 31, 2013 Dear Commissioners, After speaking with Senior Planner Brandon Goldman, I have modified recommendations for your consideration in the Normal Ave Neighborhood Plan. Following staff guidelines for the Normal Ave Neighborhood Plan, locating similar densities of development across from established neighborhoods has been a primary objective since the Charrette process. North of Creek Drive, and west of Clay Street, the zoning plan has been changed from NA-03 to NA-02 because the proximity and density of the higher multi-family housing type would put too much traffic out onto existing (NA-02) single-family neighborhood street frontage. I believe this should hold true for the existing (NA-01) neighborhood along the current Normal Avenue as well. The proposed new Normal Ave. (main collector road traversing north/south) should have the most density along this "spine" road, thereby retaining the single family dwelling (NA-01) neighborhood character where it already exists along the current Normal Ave. If the housing density is shifted towards the new Normal Ave., then the need for the problematic egress across the Wetlands #9 is eliminated. The better alternative egress for a centrally located density would be to direct residential traffic DUE NORTH to E. Main (see option #2 below). The closer you have the higher density zoning (NA-02, NA-03) to the new main neighborhood collector road, the less vehicle miles people will have to travel through neighborhoods to egress onto a major arterial like E. Main St. The City's goal to preserve its natural areas, especially its largest designated wetland, will then be possible. In considering alternatives necessary for the project area connectivity to E. Main St. from the west side, there are two options. 1. If connectivity is proposed by extending the current Normal Ave. through to E. Main St., the following problems are encountered: a. The connector road would be a pretty tight fit restricted between existing structures, and even necessitating the demolition of some. b. The potential intersection with E. Main St. from the existing Normal Ave. would suffer the consequences of its proximity to the blind curve hindering line of sight of oncoming E. Main traffic from the west, and making for a very dangerous left turn onto a main arterial. c. The City planners have made great efforts to create a road that doesn't produce a straight shot through the project (from the RR tracks to E. Main). Connecting traffic would see a straight line through the current Normal Ave to continue directly to E. Main, where speeds could increase to 30 mph (similar to the problem on Faith St.). Without that straight line connection, a more central "spine" route using the new Normal Ave., with its circuitous design, will require behavioral modification as it slows vehicular speeds, making it safer for cyclists, children, and even cars passing each other. The new sinuous Normal Ave. will be more obvious as the main collector going through to E. Main, and will be seen as access to the development, rather than a cut- through for non-residents. 2. If connectivity is proposed by extending the "spine" road (new Normal Ave.) through to E. Main, you solve a multitude of problems: a. There are no structures which would need to be demolished and, due to lack of nearby existing buildings, the road would not need to be a tight fit or restricted in its placement. b. The intersection onto E. Main would have twice the visual clearance distance since it is further away from the blind curve in the road (along Temple Emek property) than option 1's hazardous egress. c. With the zoning density more centrally shifted, this egress option is closer and more accessible for residents, with less vehicle miles required to reach the main arterial of E. Main. d. The visual straight shot North/South road is eliminated and through traffic will more likely be development/resident related and safer. The current Normal Ave. will retain its neighborhood feeling and safely encourage pedestrian/cyclist multi-modal use to open space and school zones. The City has housing types which it needs to provide for all types of residences, as well as simultaneously achieving density goals for the Normal Ave Neighborhood Project. Rezoning the land and its uses into the center of this project will allow for economy of scale, with full block lengths accommodating multi-family dwellings and their required parking areas. Transitioning out from this core (NA-03) zone, cluster cottage-type housing (NA-02) around common greens can develop. The single family (NA-01) character can then be retained in the existing neighborhoods on the edges of the project area. The overall density of the project will remain with approximately the same number of dwelling units (450) as outlined in the most recent iteration of the Planning Land Use Zone Map. Please review the attached version of the alternative connections and zoning recommendations I have identified. I hope you will consider these as viable options in your final plan for the Normal Ave. Neighborhood Project. Thanks for your thoughtfulness and time. I would also like to thank Brandon Goldman, Senior Planner, for all his expertise and patience in explaining and working with me to find viable solutions that will retain the goodwill of the community involved in this project. Sincerely, Sue DeMarinis 145 Normal Ave. Ashland, OR 97520 suedem@charter.net cc: Brandon Goldman Submitted Illustration by Sue DeMarinis: CITY OF SHLA Memo DATE: November 26, 2013 TO: Ashland Planning Commission FROM: Maria Harris, Planning Manager RE: Unified Land Use Ordinance (ULUO) Pre-adoption process review - Part 18-5 and New Graphics SUMMARY The revised draft of the ULUO is scheduled for Planning Commission review prior to beginning the formal adoption process so that Commission has an opportunity to review and discuss the edits made since the Commission's review of the previous draft. BACKGROUND Part 18-5 Application Review Procedures and Approval Criteria of the ULUO, a matrix covering the substantive changes, and a set of new graphics for the ordinance are attached. The more significant changes included in Part 18-5 are the effective date of a Type II decision (13 to 10 days), priority processing for economic development projects, the Site Review threshold for Type II review in the Basic Site Review Zone (10,000 to 15,000 square feet, and 20 to 50 percent increase gross floor area), Conditional Use Permit criteria amendment allowing evaluation of impact from concentration of conditional uses with 500 feet of the proposed use, and amendments to Variance approval criteria. A set of new graphics is included for the Commission review. There are numerous existing graphics in the current code. All graphics, new and existing, will be inserted into the final draft for the adoption process. The changes to the current ordinance are detailed in the attached draft ULUO. The edits that were presented in the first draft continue to be highlighted in gray. and the new and latest edits that Nv,cre added after the Commission's review of the first draft arc higliliglitcd in yclloNv,. Comment boxes are retained throughout the document, and include notations about changes. The Commission received a previous version of the matrix. Ncw or revised amendments arc hi,,rhli(-,htcd in yellow, in the matrix. ATTACHMENTS 1. Title 18 - Part 5 - Application Review Procedure and Approval Criteria 2. Amendment Matrix for 18-5 3. New Graphics IAA PART 18-5 - APPLICATION REVIEW PROCEDURES AND APPROVAL CRITERIA 3 Chapter 18-5.1 - General Review Procedures 4 18-5.1.010 Purpose and Applicability 4 18-5.1.020 Determination of Type I or Type I I Review Procedure 7 18-5.1.030 Pre-application Conference and Consolidation of Reviews 7 18-5.1.040 Ministerial Procedure (Staff Advisor Decision) 8 18-5.1.050 Type I Procedure (Administrative Decision with Notice) 9 18-5.1.060 Type 11 Procedure (Quasi-Judicial Decision - Public Hearing) 15 18-5.1.070 Type III (Legislative Decision) 24 18-5.1.080 Application Submittal Requirements 25 18-5.1.090 Complete Application and Time Limits 25 18-5.1.100 Council or Commission May Initiate Procedures 26 18-5.1.110 Priority Planning Action Processing 26 18-5.1.120 Failure to Receive Notice 27 18-5.1.130 Resubmittal of Applications 27 18-5.1.140 Fees 28 Chapter 18-5.2 - Site Design Review 29 18-5.2.010 Purpose 29 18-5.2.020 Applicability 29 18-5.2.030 Review Procedures 32 18-5.2.040 Application Submission Requirements 33 18-5.2.050 Approval Criteria 39 18-5.2.060 Public Improvements Guarantee 40 18-5.2.070 Expiration and Extensions 40 18-5.2.080 Power to Amend Plans 40 Chapter 18-5.3 - Land Divisions and Property Line Adjustments 42 18-5.3.010 Purpose 42 18-5.3.020 Applicability and General Requirements 43 18-5.3.030 Preliminary Plat Approval Process 45 18-5.3.040 Preliminary Plat Submissions 46 18-5.3.050 Preliminary Partition Plat Criteria 47 18-5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria 49 18-5.3.070 Preliminary Subdivision Plat Criteria 51 18-5.3.080 Land Division-Related Variances 52 18-5.3.090 Final Plats 52 18-5.3.100 Filing and Recording 57 18-5.3.110 Re-platting and Vacation of Plats 58 18-5.3.120 Property Line Adjustments 59 18-5.1.130 Expiration and Extensions 60 Chapter 18-5.4 - Conditional Use Permits 61 18-5.4.010 Purpose 61 18-5.4.020 Applicability 61 18-5.4.030 Review Procedure 61 18-5.4.040 Application Submission Requirements 62 18-5.4.050 Approval Criteria 64 18-5.4.060 Expiration; Revocation; Abandonment 67 18-5.4.070 Modifications to Conditional Use Permits 67 City of Ashland 5-1 Draft 3 - November 2013 Land Use Ordinance Chapter 18-5.5 -Variances 68 18-5.5.010 Purpose 68 18-5.5.020 Applicability 68 18-5.5.030 Review Procedure 68 18-5.5.040 Application Submission Requirements 69 18-5.5.050 Approval Criteria 70 18-5.5.060 Effect 71 18-5.5.070 Expiration and Extension 71 Chapter 18-5.6 - Modifications to Approved Planning Applications 72 18-5.6.010 Purpose 72 18-5.6.020 Applicability 72 18-5.6.030 Major Modifications 72 18-5.6.040 Minor Modifications 73 Chapter 18-5.7 - Annexations 75 18-5.7.010 Purpose 75 18-5.7.020 Applicability and Application Submission Requirements 75 18-5.7.030 Review Procedure 75 18-5.7.040 Initiation by Council 75 18-5.7.050 Approval Criteria and Standards 76 18-5.7.060 Boundaries 80 18-5.7.070 Statutory Procedures 80 Chapter 18-5.8 - Plan Amendments and Zone Changes 81 18-5.8.010 Purpose 81 18-5.8.020 Applicability and Review Procedure 81 Chapter 18-5.9 - Ballot Measure 49 Claims 83 18-5.8.010 Purpose and Scope 83 18-5.9.020 Definitions 83 18-5.9.030 Measure 49: Delegation of Authority to City Administrator 84 18-5.9.040 Measure 49: Claim for Compensation 84 18-5.9.050 City Administrator Review and Decision 86 18-5.9.060 City Council Consideration and Decision 89 18-5.9.070 Burden of proof and Record 89 18-5.9.080 Effect of Waiver 89 18-5.9.090 Procedural Error 90 18-5.9.100 Recording 90 18-5.9.110 Reconsideration of Waiver 90 18-5.9.120 Appeals 90 City of Ashland 5-2 Draft 3 - November 2013 Land Use Ordinance Part 18-5 - Application Review Procedures and Approval Criteria Chapters: 18-5.1 General Review Procedures 18-5.2 Site Design Review 18-5.3 Land Divisions and Property Line Adjustments 18-5.4 Conditional Use Permits 18-5.5 Variances 18-5.6 Modifications to Approved Planning Applications 18-5.7 Annexations 18-5.8 Plan Amendments and Zone Changes 18-5.9 Ballot Measure 49 Claims City of Ashland 5-3 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures Chapter 18-5.1 - General Review Procedures Comment. This chapter updates 18.108 for clarity and ease of use. The format is based on the state model code-1 Sections: 18-5.1.010 Purpose and Applicability 18-5.1.020 Determination of Type I or Type II Review Procedure 18-5.1.030 Pre-application Conference and Consolidation of Reviews 18-5.1.040 Ministerial Procedure (Staff Advisor Decision) 18-5.1.050 Type I Procedure (Administrative Decision With Notice) 18-5.1.060 Type II Procedure (Quasi-Judicial Decision - Public Hearing) 18-5.1.070 Type III Procedure (Legislative Decision) 18-5.1.080 Application Submittal Requirements 18-5.1.090 Complete Application and Time Limits 18-5.1.100 Council or Commission May Initiate Procedures 18-5.1.110 Priority Planning Action Processing 18-5.1.120 Failure to Receive Notice 18-5.1.130 Resubmittal of Applications 18-5.1.140 Fees 18-5.1.010 Purpose and Applicability A. Purpose. This chapter establishes procedures to initiate and make final decisions on planning actions under Title 18, pursuant to city policy and state law. B. Applicability of Review Procedures. All planning actions shall be subject to processing by one of the following procedures, as summarized in subsections 1-4, below, and as designated in Table 18- 5.1.010. Building permits and other approvals, including approvals from other agencies such as the state department of transportation or a natural resource regulatory agency, may be required. Failure to receive notice of any such requirement does not waive that requirement or invalidate any planning action under Title 18. Comment. Currently, Chapter 18.108 Procedures includes five different types of planning actions~~- Ministerial,~~~~~~ Type I, Type II, Type III and Legislative. The Unified Ordinance combines the Type III and legislative reviews, and provides clarification regarding the difference between a Type II quasi-judicial zoning map or other map change, and a Type III legislative action. In subsection 2, language is added to make it clear that a Type I application can be referred to the Staff Advisor to the Planning Commission. 1. Ministerial Action (Staff Advisor Decision). The Staff Advisor makes ministerial decisions by applying City standards and criteria that do not require the use of substantial discretion (e.g. fence, sign and home occupation permits). A public notice and public hearing are not required for Ministerial decisions. Procedures for Ministerial actions are contained in section 18-5.1.040. 2. Type I Procedure (Administrative Decision With Notice). Type I decisions are made by the Staff Advisor with public notice and an opportunity for appeal to the Planning Commission. Alternatively the Staff Advisor may refer a Type I application to the Planning Commission for its City of Ashland 5-4 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures review and decision in a public meeting. Procedures for Type I actions are contained in section 18-5.1.050. Comment: The current code gives the Planning Commission the authority to approve zoning map amendments consistent with the comprehensive plan map, or to make other minor map amendments or corrections. These situations are typically when a private citizen, rather than the City, applies to change the zoning of one or a few parcels and has to comply with existing approval criteria. In subsection 3, language is added to clarify the types of zone changes that are processed as a Type II application. 3. Type II Procedure (Quasi-Judicial Review/Public Hearing Review). Type II decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. Applications involving zoning map amendments consistent with the Comprehensive Plan map, or minor map amendments or corrections are subject to quasi-judicial review under the Type II procedure. Quasi-judicial decisions involve discretion but implement policy. Procedures for Type II actions are contained in section 18-5.1.060. Comment. The Typed II actions (i.e. Zoning Map changes, Comprehensive Plan or other official map changes, annexations and Urban Growth Boundary amendments) and Legislative actions (i.e. Land Use Ordinance amendments and Comprehensive Plan text amendments) from the current code are combined into the Type I II category (Legislative Decision). Legislative actions make law or policy, as opposed to the application of existing law to a particular case in a quasi-judicial review. The process is the same as in the current code with recommendation by the Planning Commission and a decision by the City Council. By state law, legislative actions require notice to the Department of Land Conservation and Development (DLCD), can require a special notice to property owners, and must be adopted by ordinance. 4. Type III Procedure (Legislative Decision). The Type III procedure applies to the creation, revision, or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, comprehensive plan amendments, annexations). Type III reviews are considered by the Planning Commission, who makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance. Comment: Table 18-5.1.010 summarizes existing procedures and cross-references new Unified Code chapters. The ordinance was updated in 2008 to include section 18.108.030 Expedited Land Divisions. The state model code simply contains a reference to the Oregon Revised Statutes rather than including the text in the code. Since this provision has not been used, staff recommends following the model code approach by adding a reference to the ORS and deleting this section from the Unified Code. Table 18-5.1.010 - Summary of Approvals by Type of Review Procedure Planning Actions Review Applicable Regulations Procedures Access to a Street/Driveway Ministerial Chapter 18.4.3 Approach Annexation Type III Chapter 18-5.7; See Oregon Revised Statute 222. City of Ashland 5-5 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures Table 18-5.1.010 - Summary of Approvals by Type of Review Procedure Planning Actions Review Applicable Regulations Procedures Code Interpretation Type I or II Chapter 18-1.5 Code Text Amendment Type III Chapter 18-5.8 Comprehensive Plan Amendment Type III Chapter 18-5.8 Conditional Use Permit Type I or 11 Chapter 18-5.4 Conversion of Multifamily Dwelling Ministerial Section 18-2.3.190 Units into For-Purchase Housing Exception to Site Development and Type I Chapter 18-5.5 (See also chapters of 18-4.) Design Standards Exception to Street Standards Type I Section 18-3.8.0505 Performance Standards Option S198s+al Unless this procedure is used frequently Expedited Land- Diyicinn remove from land use ordinance and refer to ORS. Extension of Time Limit for Ministerial Section 18-5.1.080 Approved Planning Action Fence Ministerial Section 18-2.4.050 Hillside Standards - Administrative Type I Section 1 8-3.070.H Variance Home Occupation Permit Ministerial Section 18-2.3.150 Land Use Control Maps Change Type 11 or III Chapter 18-5.8 Legal Lot Determination Ministerial Chapter 18-1.3 Modification to Approval Ministerial Chapter 18-5.6 ; or 18-5.2.080 when modifying Minor Modification Per original a Site Design Review approval Major Modification review Non-Conforming Use or Structure, Per Building Chapter 18-1.4 Expansion of Permit review Partition or Re-plat of 2-3 lots Preliminary Plat Type I Chapter 18-5.3 Final Plat Ministerial Chapter 18-5.3 Performance Standards Option Outline Plan Type 11 Chapter 18-3.8 Final Plan Type I Chapter 18-3.8 Physical and Environmental Type I Chapter 18-3.9 Constraints Permit Property Line Adjustments, Ministerial Chapter 18-5.3 including Lot Consolidations Sign Permit Ministerial Chapter 18-4.7 Site Design Review Type I or 11 Chapter 18-5.2; Section 18-5.2.030 City of Ashland 5-6 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures Table 18-5.1.010 - Summary of Approvals by Type of Review Procedure Planning Actions Review Applicable Regulations Procedures Solar Setback Variance Type I Chapter 18-4.8 Subdivision or Replat of >3 lots Preliminary Plat Type 11 Chapter 18-5.3 Final Plat Ministerial Chapter 18-5.3 Tree Removal Permit Type I Chapter 18-4.11 Variance Type I or 11 Chapter 18-5.5 Water Resources Protection Zone - Type 11 Section 18-4.10.090 Hardship Variance Water Resources Protection Zone Type I or 11 Section 18-4.10.070 Reduction Water Resources Protection Zone - Type I Section 18-4.10.060 Limited Activities and Uses Zoning District Map Change Type 11 or III Chapter 18-5.8 18-5.1.020 Determination of Type I or Type II Review Procedure Where Table 18-5.1.010 designates more than one possible review procedure, e.g., Type I or Type II, the applicable review procedure shall be based on the criteria contained in the ordinance chapters or sections referenced in the table. 18-5.1.030 Pre-application Conference and Consolidation of Reviews Comment: Subsection A carries forward and combines 18.108.015 Pre-Application Conference and 18.108.017.B. Subsection B carries forward 18.108.025 Consolidated Review Procedures. A. Pre-Application Conference. All applicants for Type I, II, and III planning actions, aRd Expedi aAd DiyisieRs, shall have completed a pre-application conference for the project within a 6-month time period preceding the filing of the application. The Staff Advisor may waive this requirement if in the Staff Advisor's opinion the information to be gathered in a pre-application conference already exists in the final application. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this ordinance, provide for an exchange of information regarding applicable elements of the comprehensive plan and development requirements, and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development. The Staff advisor is authorized to create procedures allowing for electronic or other alternative forms of conferences. B. Consolidated Review Procedures. An applicant may apply at one time for all permits and approvals needed for a project proposal. The consolidated procedure shall be subject to the time limitations set out in ORS 227.178. The consolidated procedure shall follow the most restrictive procedure in the development project. City of Ashland 5-7 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 18-5.1.040 Ministerial Procedure (Staff Advisor Decision) Comment: This section carries forward and updates sections 18.108.020 Types of Procedures and 18.108.22 Ministerial Action Time Limits. Currently, section 18.108.022 states, in part, "The Staff Advisor shall not accept applications which [sic] cannot be acted upon initially in a rational manner within seven days of receipt unless the applicant consents to a longer period for action." This provision has been deleted because the code allows more than seven days for action and there is no state requirement that ministerial reviews occur within that timeframe. Ministerial decisions are made by the Staff Advisor. A public notice and public hearing are not required for Ministerial decisions. Ministerial decisions are those where the application of City standards and criteria does not require the exercise of substantial discretion. A. Application Requirements and Review. 1. Application Form and Fee. Applications requiring Ministerial review shall be made on forms provided by the City and include any plans, exhibits, or other submittals required pursuant to the applicable sections of this ordinance. One or more property owners of the property for which the planning action is requested and their authorized agents, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it. 2. Decision. Within twenty-one (21) days after accepting a complete application for a Ministerial review the Staff Advisor shall approve or deny the application, unless such time limitation is extended with the consent of the applicant. B. Building Permits. The City shall not issue a building permit for a project subject to review under this section until the Staff Advisor has approved the Ministerial application. C. Criteria and Decision. The Staff Advisor, in approving a Ministerial application, may find that other City permits or approvals are required prior to issuance of construction or building permits, in which case the Staff Advisor may specify the required permits and approvals with the Ministerial decision. D. Effective Date. A Ministerial decision is final on the date it is signed by the Staff Advisor. City of Ashland 5-8 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 18-5.1.050 Type I Procedure (Administrative Decision with Notice) Comment: The following Type I procedures carries forward the procedures in 18.108.040 Type I Procedure with important elements added, such as application submittal requirements and land use review timelines per ORS 197.195 and ORS 227.178. Type I decisions are made by the Staff Advisor, following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. A. Application Requirements. 1. Application Form and Fee. Applications for Type I review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it. 2. Submittal Information. The application shall include all of the following information: Comment: The following list is updated for consistency with other ordinance sections. a. The information requested on the application form; b. Plans and exhibits required for the specific approvals sought; c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail; and d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable; and e. The required fee. Comment: The following provisions carry forward section 18.108.040. The distribution lists for required notices are consistent with ORS 227.175 and 197.195 Limited Land Use Decisions. B. Notice of Application. 1. Mailing of Notice of Application. The purpose of the notice of application is to give nearby property owners and other interested people the opportunity to review and submit written comments on the application before the City makes a decision on it. Within ten days of deeming a Type I application complete, the City shall mail a notice of a pending Type I application to the following: a. Applicant; b. Owners of the subject property; c. Owners of record for properties located within 200 feet of the perimeter of the subject site; d. Neighborhood group or community organization officially recognized by the city that includes the area of the subject property.; e. Where an application subject to Type I review is preceded by a Type II decision, to parties of record from the subject Type II decision; and City of Ashland 5-9 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures Comment: Subsection 'f, below, clarifies and updates the notification requirements for amended applications. f. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See 18-5.1.090 Failure to Receive Notice. 3. Content of Notice of Application. The notice of application shall include all of the following: a. The street address or other easily understandable reference to the location of the proposed use or development; b. A summary of the proposal; c. The applicable criteria for the decision, listed by commonly used citation; d. Date and time that written comments are due, and the physical address where comments must be mailed or delivered; Comment: The 14-day comment period below is a current ordinance requirement, and is per ORS 197.195. e. An explanation of the 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the city within the 14-day period; f. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost; g. A statement that a person who fails to address the relevant approval criteria with enough detail, may not be able to appeal to the Planning Commission on that issue; h. The name and phone number of a city contact person; and i. A brief summary of the Type I review and decision process. Comment: The city currently requires public notice of the application be posted on the site. This is common practice in many jurisdictions, but is not an ORS requirement. 4 Posted Notice. The City shall post the notice of application on the project site in clear view from a public right-of-way using a poster format prescribed by the Staff Advisor. Posting shall occur not later than the date of the mailing of the notice. 5. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. C. Decision. Comment: The 45-day deadline is an existing ALUO requirement and is not required by ORS. Language is included allowing the Staff Advisor to refer a Type I application to the Planning Commission. This City of Ashland 5-10 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures was included in the land use ordinance prior to 2008, and appears to have been inadvertently deleted at that time. 1. At the conclusion of the comment period, the Staff Advisor shall review the comments received and prepare a decision approving, approving with conditions, or denying the application based on the applicable ordinance criteria. The Staff Advisor shall prepare a decision within 45 days of the City's determination that an application is complete, unless the applicant agrees to a longer time period. Alternatively, the Staff Advisor may transmit written comments received along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting. 2. Where the Staff Advisor refers a Type I application to the Planning Commission, the Planning Commission shall approve, approve with conditions, or deny the application through the Type 11 procedure based on the applicable ordinance criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided the Commission must make a final decision within the 120-day period prescribed under State law (ORS 227.178) and as described in subsection 18-5.1.090.13 of this ordinance. D. Notice of Decision. Comment: The following five-day deadline for mailing a Type I decision is not required by state law. The notification area of 200 feet that is in the existing ordinance exceeds the ORS requirement of 100 feet. 1. Mailing of Notice of Decision. Within five days after the Staff Advisor renders a decision, the City shall mail notice of the decision to the following: a. Applicant; Comment: The following requirement to send the notice of decision of a Type I application to the occupants of a property is not required by state law. ORS 197.195 requires the notice of decision to be sent to the applicant and any person who submits comments on the application. The existing ordinance is inconsistent in that it includes occupants of the subject property in the list of recipients for the Type I notice of decision, but does not include occupants for Type I notice of application (18.08.040.B.1), Type 11 notice of public hearing (18.108.080.A) or Type II notice of decision (18.108.070.B.3.a). The ULUO is amended to provide consistency with ORS 197.195 and throughout the code. b. Owners of the subject property; ~w c. Owners of record for properties located within 200 feet of the perimeter of the subject site; d. Neighborhood group or community organization officially recognized by the city that includes the area of the subject property; e. Parties of record; this includes any group or individual who submitted written comments during the comment period; and f. Those groups or individuals who requested notice of the decision. g. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original City of Ashland 5-11 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures approval, the City is not required to mail notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See 18-5.1.090 Failure to Receive Notice. 3. Content of Notice of Decision. The notice shall include all of the following: a. A description of the nature of the decision; b. An explanation of the nature of the application and the proposed use or uses, which could be authorized; c. The street address or other easily understandable reference to the location of the proposed use or development; d. The name and phone number of a city contact person; e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and applicable criteria and standards are available for review and that copies will be provided at reasonable cost; f. A statement that any person who was mailed a written notice of the decision may request reconsideration or appeal as provided in subsection 18-5.1.050.G; g. A statement that the decision becomes final when the period for filing a local appeal has expired; and h. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA. 4. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. Comment: The following changes the effective date from 13 days after mailing of the notice of decision to 12 days after mailing where no appeal is filed, for consistency with ORS 227.175.10.a.C. E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18-5.1.050.G, a Type I decision becomes effective twelve (12) days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. City of Ashland 5-12 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision: a. The applicant or owner of the subject property; b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18- 5.1.050.13; and c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18- 5.1.0505.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain: i. An identification of the decision being appealed, including the date of the decision; ii. A statement demonstrating the person filing the notice of appeal has standing to appeal; iii. A statement explaining the specific issues being raised on appeal; and iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. City of Ashland 5-13 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Planning Commission may allow additional evidence, testimony or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18-5.1.060, subsections A - E. The decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Planning Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. City of Ashland 5-14 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 18-5.1.060 Type II Procedure (Quasi-Judicial Decision - Public Hearing) Comment: The following provisions update 18.108.050, per the public hearing procedures in ORS 197.763 and provisions of the state model code. Type II decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. A. Application Requirements. 1. Application Form and Fee. Applications for Type II review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The required application fee must accompany the application for it to be considered complete. 2. Submittal Information. The application shall include all of the following information: Comment: The following list is updated for consistency with other ordinance sections. a. The information requested on the application form; b. Plans and exhibits required for the specific approvals sought; c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail; and d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable; and e. The required fee. B. Initial Evidentiary Hearing. Once a Type II application is deemed complete, the Staff Advisor may hold an initial evidentiary hearing pursuant to ORS 227.165. The Staff Advisor shall transmit copies of the record developed at the evidentiary hearing to the Planning Commission for consideration at the public hearing. Comment: The 10-day notice period below is a current ordinance requirement, and is per ORS 197.763. C. Notice of Public Hearing. 1. Mailing of Notice of Public Hearing. a. The City shall mail notice of public hearing not less than ten days before the hearing. Such notice shall be mailed to all individuals and organizations listed below: i. Applicant; ii. Owners of the subject property; iii. Owners of record for properties located within 200 feet of the perimeter of the subject site; Comment. The notification radius of 200 feet is per the existing ordinance. The minimum required under ORS 197.763 is 100 feet. A larger notification area is typically used when a community contains large lots or residences are spread far apart. iv. Neighborhood group or community organization officially recognized by the city that City of Ashland 5-15 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures includes the area of the subject property; and v. Any person who submits a written request to receive a notice. 2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See 18-5.1.090 Failure to Receive Notice. 3. Content of Notice of Public Hearing. Notices mailed and posted pursuant to this section shall contain all of the following information: a. The street address or other easily understandable reference to the location of the proposed use or development; b. A summary of the proposal; c. The applicable criteria for the decision, listed by commonly used citations. d. The date, time and location of the scheduled hearing; e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost; f. The name and phone number of a city contact person; Comment. Currently, ~section ~18.108.050~Type 11 Procedure states, in part, `Complete applications ~shall ~be heard at a regularly scheduled Commission meeting which is held at least 30 days after the submission of the complete application. The revised section does not specify a timeframe for scheduling public hearings, because the City and applicant should have the flexibility to schedule hearings earlier or later, provided the City complies with the 120-day clock for final land use decisions. g. A statement that a copy of the City's staff report and recommendation to the hearings body will be available for review at no cost at least seven (7) days before the hearing, and that a copy will be provided on request at a reasonable cost; h. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; i. A statement that after the public hearing closes the City will issue its decision and mail it to the applicant and to anyone else who submitted written comments or provided oral testimony in the public hearing; and Comment. Item `j' is adapted ~from ~ORS 197.763(1) Conduct of local ~quasi-judicial land use hearings, which is different than the notice requirements for Type I (Limited Land Use) decisions under ORS 197.195. j. A disclosure statement that an issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the hearings body and the parties an adequate opportunity to respond to each issue; 4. Posted Notice. The City shall post the notice of public hearing on the project site in clear view City of Ashland 5-16 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures from a public right-of-way using a poster format prescribed by the Staff Advisor. Posting shall occur not later than the date of the mailing of the notice. 5. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. Comment: The existing ordinance requires a notice to be published in the newspaper. This is not required by state law. 6 Newspaper Notice. In addition to the mailed and posted notice specified in subsection 1, above, the City shall publish a notice in a newspaper of general circulation in the City at least ten days prior the date of the public hearing. C. Conduct of the Public Hearing. 1. Announcements. At the commencement of the hearing, the Chairperson, or his or her designee, shall state to those in attendance all of the following information and instructions: a. The applicable approval criteria by ordinance chapter that apply to the application; b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision; c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue; d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. See 18-5.1.060.G Record of the Public Hearing. Comment: The procedures for continuances and leaving the record open are added, per ORS 197.763(6). e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in paragraph 5 of this subsection, or leave the record open for additional written evidence or testimony as provided paragraph 6 of this subsection. Comment: Subsection 2 below carries forward 18.108.100.B. 2. Ex Parte Contacts and Conflict of Interest. The public is entitled to an impartial hearing body as free from potential conflicts of interest and pre-hearing ex parte (outside the hearing) contacts as reasonably possible. After the announcements are made, the Commission or Council members shall declare any actual or potential conflicts of interest and any ex parte contacts including the substance of those contacts and any conclusions the member reached because of those contacts. a. No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 227.035, City of Ashland 5-17 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures has a direct or substantial financial interest; or in which the member is biased. If a member refuses to disqualify him or herself, the Board, for hearings before the Board; the Commission, for hearings before the Commission, or the Council for hearings before the Council, shall have the power to remove such member for that proceeding. b. All parties shall be advised that they have the right to rebut the substance of any ex parte communications. 3. Presenting and Receiving Evidence. a. The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence; b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; c. Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence. 4. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record, except that the hearing body may take notice local, state, or federal regulations; previous city decisions; case law; staff reports and similar evidence not in the record upon announcing its intention to take notice of such facts. Where the hearing body takes notice of new facts in its deliberations, it must allow persons who previously participated in the hearing to request the hearing record be reopened and to present evidence concerning the newly presented facts. Comment: The procedures for continuances and leaving the record open are added, per ORS 197.763(6). 5. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing; where the date is announced during the proceedings of the subject hearing, the City is not required to issue new notices. An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, the hearing body may close the hearing and limit additional testimony to arguments and not accept additional evidence. 6. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open). If such a request is filed, the hearing body shall reopen the record, as follows: a. When the record is reopened to admit new evidence or arguments (testimony), any person City of Ashland 5-18 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures may raise new issues that relate to that new evidence or testimony; b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of subsection 18-5.1.090.13 (ORS 227.178 - "120-day rule"), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and c. If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right. D. Notice of Decision. 1. Mailing of Notice of Decision. The City shall mail notice of the decision to the following: a. Applicant or authorized agent; b. Owners of the subject property; d. Parties of record; this includes any group or individual who submitted written comments during the comment period; and e. Those groups or individuals who requested notice of the decision. Comment: The existing code simply says "the findings adopted by the Commission" shall be mailed to the parties. Subsection 2 below is added for clarity and consistency with the Type I section. 2. Content of Notice of Decision. The notice shall include all of the following: a. The decision; b. Findings relied upon in making the decision; c. Conditions of approval; d. A statement that the decision becomes final when the period for filing a local appeal has expired; and e. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA. E. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file. Comment. Currently, Type 11 decisions become final 13 days after mailing, but state law requires ten days. The effective date of the decision is changed to ten days to match state law based on the Planning Commission review of the Procedures Evaluation. F. Effective Date of Decision. Unless a condition of approval specifies otherwise or the decision is appealed pursuant to subsection 18-5.1.0605, a Type II decision becomes effective ten days after the City mails the decision notice. G. Reconsideration. Reconsideration requests are limited to errors identified below and not the failure City of Ashland 5-19 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. The Staff Advisor may reconsider a Type II decision as set forth below. 1. The Staff Advisor on his/her own motion, or any party entitled to notice of the planning action may request reconsideration of the action after the Planning Commission final decision has been made by providing evidence to the Staff Advisor addressing one or more of the following: a. New evidence material to the decision exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open; b. A factual error occurred through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or c. A procedural error occurred, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and remanding the matter will correct the error. 2. Reconsideration requests shall be received within seven days of mailing the notice of decision. The Staff Advisor shall promptly decide whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred as identified above and is crucial to the decision, the Staff Advisor shall schedule reconsideration with notice to parties before the Planning Commission. Reconsideration shall be scheduled before the Planning Commission at the next regularly scheduled meeting. Reconsideration shall be limited to the portion of the decision affected by the alleged errors identified in subsection 18-5.1.060.G.1, above. 4. The Planning Commission shall decide to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 5. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. H. Appeal of Type II Decision. The City Council may call up a Type II decision pursuant to section 18-5.1.060.1. A Type II decision may also be appealed to the City Council as follows: 1. Who May Appeal. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: a. The applicant. b. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. c. Persons who were entitled to receive notice of the action but did not receive notice due to error. 2. Appeal Filing Procedure. City of Ashland 5-20 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18- 5.1.060.G.1, above, may appeal a Type II decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. b. Time for Filing. The notice of appeal shall be filed with the City Administrator within ten days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Mailed Notice. The City shall mail the notice of appeal together with a notice of the date, time and place to consider the appeal by the City Council to the parties, as provided in subsection 18-5.1.060.G.1, at least 20 days prior to the meeting. 4. Scope of Appeal. a. Except upon the election to re-open the record as set forth in subsection b, below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Planning Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Planning Commission, including the findings and conclusions. In addition, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. b. Reopening the Record. The Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and the City Administrator determines prior to the City Council appeal hearing that the requesting party has demonstrated: i. That the Planning Commission committed a procedural error, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error; or ii. That a factual error occurred before the Planning Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or iii. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have requested reconsideration. A requesting party may only qualify for this exception if he or she demonstrates that the City of Ashland 5-21 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures new evidence is relevant to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is submitted to the hearing body. iv. Re-opening the record for purposes of this section means the submission of additional written testimony and evidence, not oral testimony or presentation of evidence before the City Council. 5. Appeal Hearing Procedure. The decision of the City Council is the final decision of the City on an appeal of a Type II decision, unless the decision is remanded to the Planning Commission. A decision on an appeal is final the date the City mails the adopted and signed decision to the parties. Appeals of City Council decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. a. Oral Argument. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the applicant, ten for the appellant, if different, and three minutes for any other party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the notice of appeal; similarly, oral argument shall be confined to the substance of the written argument. b. Scope of Appeal Deliberations. Upon review, and except when limited reopening of the record is allowed, the City Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Planning Commission with sufficient specificity to enable the Commission and the parties to respond. c. Council Decision. The Council may affirm, reverse, modify or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Administrator, the Council may elect to summarily remand the matter to the Planning Commission. If the City Council elects to remand a decision to the Planning Commission, either summarily or otherwise, the Planning Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to subsection 18-5.1.060.1. 6. Record of the Public Hearing. for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. City of Ashland 5-22 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures The public hearing record shall include the following information: a. The notice of appeal and the written arguments submitted by the parties to the appeal; b. Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received. c. All materials considered by the hearings body including the application and all materials submitted with it; d. Documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; e. Recorded testimony (including DVDs when available); f. All materials submitted by the Staff Advisor to the hearings body regarding the application; g. The minutes of the hearing; and g. The final written decision of the Planning Commission including findings and conclusions. 7. Effective Date and Appeals to State Land Use Board of Appeals. City Council decisions on Type II applications are final the date the decision is mailed. Appeals of City Council decisions on Type II applications must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. 1. City Council Call-Up of Planning Commission Decision. The City Council may call up any planning action for a decision upon motion and majority vote, provided such vote takes place in the required appeal period. Unless the planning action is appealed and a public hearing is required, the City Council review of the Planning Action is limited to the record and public testimony is not allowed. The City Council may affirm, modify or reverse the decision of the Planning Commission, or may remand the decision to the Planning Commission for additional consideration if sufficient time is permitted for making a final decision of the city. The City Council shall make findings and conclusions and cause copies of a final order to be sent to all parties of the planning action. City of Ashland 5-23 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 18-5.1.070 Type III (Legislative Decision) Comment: The existing code (18.108.060) combines the procedures for quasi-judicial zone changes and map amendments with legislative decisions. This draft puts all quasi-judicial reviews in the previous section, 18- 5.1.060, and all legislative reviews in 18-5.1.070. Type III actions are reviewed by the Planning Commission, which makes a recommendation to City Council. City Council makes final decisions on legislative proposals through enactment of an ordinance. A. Initiation of Requests. The City Council, Planning Commission, or any property owner or resident of the city may initiate an application for a legislative decision under this ordinance. Legislative requests are not subject to the 120-day review period under subsection 18-5.1.090.13 (ORS 227.178). B. Application Requirements. 1. Application Form and Fee. Legislative applications shall be made on forms provided by the Staff Advisor. Comment. The following list is new and added for~consistency ~with other ordinance sections, and it gives ~theStaff Advisor authority to require specific information as needed to ensure an application is complete. 2. Submittal Information. The application shall contain all of the following information: a. The information requested on the application form; b. A map and/or plan, as applicable, addressing the appropriate criteria and standards in sufficient detail for review and decision; c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail; d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable; e. The required fee, except when the City initiates the request; and f. Other information the Staff Advisor deems necessary to provide a complete application. C. Procedure. Public hearings on Type III actions are conducted similar to City Council hearings on other legislative proposals, except the criteria for approval include, as applicable, those contained in chapter 18-5.8 Comprehensive Plan, Zoning, and Land Use Ordinance Amendments, and chapter 18-5.7 Annexations. D. Notice of Public Hearing. Notification procedure for Type III actions is as follows: Comment: Subsection 1 below is new language, and reflects a state requirement for a 35-day DLCD notification requirement. The existing ordinance references a requirement for a 45-day notice to DLCD, which was state law for many years, and was changed in OAR 660-018-0020 in 2012. 1. The Staff Advisor shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments to the Comprehensive Plan, Zoning Map, or this ordinance at least 35 days before the first public hearing at which public testimony or new City of Ashland 5-24 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures evidence will be received. Comment: Subsection 2 below is new language, and follows notification requirements per ORS 227.186. This state noticing requirement applies only to legislative proposals, or those requiring City Council enactment of an ordinance, not quasi-judicial zone changes and other amendments approved by the Planning Commission through a Type II review. See also, 18-5.1.060. 2. At least 20 days but not more than 40 days before the date of the first hearing on an application to legislatively amend the Comprehensive Plan, Zoning Map, or this ordinance, the City shall mail notice of such hearing to: a. Each owner whose property is rezoned in accordance with ORS 227.186-land b. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175. 3. At least ten days before the scheduled Planning Commission and City Council public hearing dates, public notice shall be published in a newspaper of general circulation in the City. The notice shall include the time and place of the public hearing, and a brief description of the proposed amendment. Comment: The existing ordinance does not address the final decision of a legislative action. The language below is from the state model code. Language is added regarding the notice of legislative land use decision based on requirements in state law. E. Final Decision, Effective Date and Notice of Decision. Where a Legislative proposal is approved pursuant to this ordinance, it becomes final and takes effect as specified in the enacting ordinance. Where the proposal is not approved, the decision to deny is final on the date the decision is mailed to the applicant; or, where the applicant is the City, the decision is final on the date the City Council makes its decision. A notice of a legislative land use decision shall be mailed to the applicant, all parties of record, those groups or individuals who requested notice of the decision, and the Department of Land Conservation and Development. 18-5.1.080 Application Submittal Requirements The Staff Advisor is authorized to set standards and procedures for application submittal requirements, including the number and type of applications required (e.g., hard copies, electronic copies), size and format of applications (e.g., paper size, electronic format), and dates when applications can be received. The Staff Advisor shall make the requirements for application submittals readily available to the public. 18-5.1.090 Complete Application and Time Limits Comment. The 180-day period for submitting missing information to an incomplete application is recommended below to replace the current deadline of 31 days under 18.108.017.A.2. The update is intended to be consistent with the timeframe in state law and provide greater flexibility for applicants. The Oregon Land Use Board of Appeals ("LUBA') has held that under ORS 227.178(4) and its companion statute, ORS 215.427(4), that applications not completed after 180 days are considered void. ORS 227.178(4) provides: "On the 181 st day after first being submitted, the application is void if the applicant has been notified of the missing information as required under subsection (2) of this section and has not submitted: (a) All of the missing information; (b) Some of City of Ashland 5-25 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures the missing information and written notice that no other information will be provided; or (c) Written notice that none of the missing information will be provided." A. Complete Applications. The Staff Advisor shall determine within 30 days of receiving an application for Type I, II, or III review whether the application is complete, and shall advise the applicant accordingly in writing. Where an application is deemed incomplete, the Staff Advisor shall inform the applicant that the applicant must respond pursuant to subsection 1, 2, or 3, below, within 180 days from the date of application submittal. The 120-day clock under subsection 18-5.1.090.13 does not begin until the applicant: 1. Submits all of the missing information; or 2. Submits some of the missing information, and requests in writing the City commence its review; or 3. Submits none of the missing information, and requests in writing the City commence its review. B. Time Limit - 120-day Rule. The City shall take final action on Administrative and Quasi-Judicial land use applications, pursuant to this chapter, including resolution of all appeals, within 120 days from the date the Staff Advisor deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 120-day rule does not apply to Legislative Land Use decisions.) Comment: The existing code doesn't address computing time periods which occasionally comes up in appeal situations. The following language is based on the state model code and added for clarity. C. Time Periods. In computing time periods prescribed or allowed by this chapter, the designated period of time does not include the date of the action or event cited. For example, where this ordinance provides for an appeal period ending ten days after the City mails a decision, the ten-day period does not include the day the decision is mailed. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday. 18-5.1.100 Council or Commission May Initiate Procedures The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III planning action by motion duly adopted by the respective body designating the appropriate city department to complete and file the application. 18-5.1.110 Priority Planning Action Processing Comment. Priority processing is added for commercial and industrial projects that further the City's economic development strategy, per the Planning Commission's review of the procedures evaluation. City Administration will be working on developing criteria for qualifying projects. A. The following projects shall receive top priority in the processing of planning actions: City of Ashland 5-26 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures 1. Projects that are consistent with the City's Economic Development policies; and 2. New buildings and existing buildings whose repair, alteration or rehabilitation costs exceed fifty (50) percent of their replacement costs, that will be pursuing certification under the Leadership in Energy and Environmental Design Green Building Rating System (LEEDO) of the United States Green Building Council shall receive top priority in the processing of planning actions. B. Applicants wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps in working towards LEEDO certification. 1. Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout the design and construction process. 2. The LEEDO checklist indicating the credits that will be pursued. 18-5.1.120 Failure to Receive Notice A. The failure of a property owner to receive notice, as provided for in sections 18-5.1.050 and 18- 5.1.060, shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice. B. Noticing Error. 1. A noticing error shall be corrected as provided in subsection 18-5.1.090.B.2, below, whenever it is demonstrated to the Staff Advisor that: a. The City did not comply with the notice requirements in sections 18-5.1.050 and 18-5.1.060; b. Such error adversely affected and prejudiced a person's substantial rights; and c. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision. 2. The Staff Advisor shall schedule a public hearing for the next regular meeting according to the applicable procedural requirements in sections 18-5.1.050 and 18-5.1060. The City shall notify by mail all persons who previously appeared in the matter and all persons who were entitled to mailed notice. The record of the previous decision shall be reviewed and considered by the hearing authority. A decision made after the hearing shall supersede the previous decision. 3. Notwithstanding the period specified in subsection 18-5.1.090.B.1, above, the period for a hearing shall not exceed three years after the date of the initial decision. 18-5.1.130 Resubmittal of Applications A. Type I and Type II. A Type I or Type II application that is denied by the Planning Commission or denied by the City Council, unless that denial is specifically stated to be without prejudice, shall not be eligible for resubmittal for one year from the date of the denial, unless evidence is submitted that conditions, the application, or the project design have changed to an extent that further consideration is warranted. City of Ashland 5-27 Draft 3 - November 2013 Land Use Ordinance 18-5.1 - General Review Procedures B. Type III. A Type III application that is denied by the City Council shall not be eligible for resubmittal for one year from the date of the denial, unless evidence is submitted that conditions have changed to an extent that in the opinion of the Planning Commission or City Council further consideration is warranted. 18-5.1.140 Fees Fees for applications under this Title shall be set by resolution of the Council. City of Ashland 5-28 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review Chapter 18-5.2 - Site Design Review Comment: This chapter updates 18.72 for clarity and organization. It separates the Site Design and Use standards from the Site Design Review procedures and application requirements. The standards are consolidated in Part 18-4. Sections: 18-5.2.010 Purpose 18-5.2.020 Applicability 18-5.2.030 Review Procedures 18-5.2.040 Application Submission Requirements 18-5.2.050 Approval Criteria 18-5.2.060 Public Improvements Guarantee 18-5.2.070 Expiration and Extensions 18-5.2.080 Power to Amend Plans 18-5.2.010 Purpose Comment: The purpose statement is from the existing code. The purpose and intent of this chapter is to regulate the manner in which land in the City is used and developed, to reduce adverse effects on surrounding property owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high quality development is maintained throughout the City. 18-5.2.020 Applicability Comment: The "applicability" section carries forward 18.72.030~Applicability ~and 18.108.040.A.1 Site Design Review. The language regarding installation of public art is edited for clarity. Site Design Review is required for the following types of project proposals A. Commercial, Industrial, Non-Residential and Mixed Uses. Site Design Review applies to the following types of non-residential uses and project proposals, including proposals for commercial, industrial, and mixed-use projects, pursuant to section 18-5.2.030 Review Procedures: 1. New structures, additions or expansions in C-1, E-1, HC, CM and M-1 zones; 2. New non-residential structures or additions in any zone, including public buildings, schools, churches, and similar public and quasi-public uses in residential zones; 3. Mixed-use buildings and developments containing commercial and residential uses in a residential zoning district within the Pedestrian Place Overlay; 4. Any exterior change, including installation of Public Art, to a structure which is listed on the City of Ashland 5-29 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that requires a building permit, or that iRG" dog the AStAllAtiAR Of Pi 1h1iG Art- 5. Expansion of impervious surface area in excess of ten percent (10%) of the area of the site, or 1,000 square feet, whichever is less; 6. Expansion of any parking lot, relocation of parking spaces on a site, or any other change that alters or affects circulation onto an adjacent property or public right-of-way; Comment: Subsection 7 below previously said "any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code" in addition to the language regarding a change in use that requires a greater number of parking spaces. Staff recommends deleting the language regarding a change in occupancy according to building code because it is not a good measure of land use changes or impacts. 7. Any change in use that requires a greater number of parking spaces; ti 8. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined b the zoning regulations of this ordinance; 9. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from site design review per section 18-5.2.020.C; and 10. Installation of wireless communication facilities in accordance with section 18-4.3.13. B. Residential Uses. Site Design Review applies to the following types of residential uses and project proposals, pursuant to section 18-5.2.030 Review Procedures: Comment: Subsection 1 is edited to make it clear that accessory residential units require Site Review approval. 1. Two (2) or more dwelling units, including the addition of an accessory residential unit, on a lot in any zoning district; 2. Construction of attached (common wall) single-family dwellings (e.g., townhomes, condominiums, rowhouses) in any zoning district; Comment: The language regarding installation of public art is edited for clarity. Subsection 4 in strikeout text is per the existing ALUO. The existing code is difficult to understand. The underlined wording below replaces it. 3.~ Any exterior change, including installation of Public Art, to a structure individually listed on the National Register of Historic Places that requires a building permit, ^r that iRGI1Ides the i1etA-11 ti^„ G f P-h G A4 0 hnccsnA-f ttTt-9 i.nr4iVid_11_A1 snit narrel (e.g. shared parking) 4. Any change to off-street parking or landscaping in a residential development where such parking or landscaping is provided in common area (e.g., shared parking) and is approved pursuant to chapter 18-3.8 Performance Standards Option; City of Ashland 5-30 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review Comment: Subsection 5 applies to residential development and was inadvertently deleted in the 2008 code update. 5. Any change in use that requires a greater number of parking spaces; 6. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from site design review per section 18-5.2.020.C; and 7. Installation of wireless communication facilities (e.g., accessory to a residential use), in accordance with section 18-4.3.13. C. Exempt From Site Design Review. The following types of uses and projects are exempt from Site Design Review, but are required to comply with the applicable provisions of part 18-3 Site Development and Design Standards. 1. Detached single-family dwellings and associated accessory structures and uses; 2. Land divisions and property line adjustments, which are subject to review under chapter 18-5.3; 3. The following mechanical equipment: a. Private, non-commercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater and provided no part of such antenna shall be within the setback yards required by this title. A building permit shall be required for any antenna mast, or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure. b. Not more than three parabolic disc antennas, each under one meter in diameter, on any one lot or dwelling unit. c. Roof-mounted solar collection devices in all zoning districts, with the exception of Employment and Commercial zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in chapter 18-4.8 and the height standards of the respective zoning district. d. Roof-mounted solar collection devices on Employment and Commercial zoned properties located within designated historic districts if the footprint of the structure is not increased, the plane of the system is parallel to the slope of the roof and does not extend above the peak height of the roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices shall comply with solar setback standards described in chapter 18-4.8 and height requirements of the respective zoning district. e. Installation of mechanical equipment not exempted by subsections a, b, c, or d, above or by subsection a or f) below, and which is not visible from a public right-of-way, or adjacent residentially zoned property and consistent with other provisions of this ordinance, including solar access, noise, and setback requirements of chapter 18-2.4. f. Routine maintenance and replacement of existing mechanical equipment in all zones. City of Ashland 5-31 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review 18-5.2.030 Review Procedures Comment: The following carries forward and consolidates 18.72.050 Detail Site Review Zone and 18.72.055 Downtown Design Standards Zone. The threshold for a Type II procedure is changed in section B below based on the Planning Commission review of the Procedures Evaluation. A. Type I Review. Except as provided by subsections B through F, below, applications for Site Design Review are subject to the Type I procedure, pursuant to section 18-5.1.050. B. C-1, E-1, HC and M-1 Zones. In the C-1, E-1, HC and M-1 zones, but not within the Downtown Design Standards or Detail Site Review zones, new structures or additions greater than 15,000 888 square feet in gross floor area, or greater than 50 tweepercent k24%) of an existing building's gross floor area are subject to Type II review. C. Downtown Design Standards Zone. In the Downtown Design Standards zone, new structures or additions greater than 2,500 square feet in gross floor area, or greater than ten percent of an existing building's gross floor area are subject to Type II review. D. Detail Site Review Zone. In the Detail Site Review zone, new structures or additions greater than 10,000 square feet in gross floor area, or longer than 100 feet in length or width are subject to Type II review. E. Residential Site Review. Residential structures or additions greater than 10,000 square feet in gross floor area, other than single-family homes or accessory uses on individual lots, are subject to Type II review. F. Croman Mill Zone. In the Croman Mil zone, new structures or additions greater than 15,000 square feet in gross floor area are subject to Type II review. Comment: The Conservation Division, along with all of the other City departments, has an opportunity to review potential applications as part of the pre-application conference. This provides an opportunity to communicate with applicants early in the process regarding energy and water conservation strategies. The section below was in the ordinance before the pre-application conference requirement (18.108.015) was added. Staff has discussed the issue with the Conservation Division, and given the pre-application conference process they requested removing the section. G. Review by Conservation Coordinator. UpeR FeGeiViRg aR appliGatiGR for Site DesigR Review, the Staff Adviser shall refer the applor--at A_A te the GenservatmeR GeordiRater, whe shall asser"; thp rorJiro P-.PeF y GGRSi Mptinri as appliGablo City of Ashland 5-32 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review 18-5.2.040 Application Submission Requirements Comment: The submittal requirements are carried forward from 18.72.060 Plans Required. Submission information is presented in groupings, which is based on the state model code. The following information is required for Site Design Review application submittal, except where the Staff Advisor determines that some information is not pertinent and therefore is not required. A. General Submission Requirements. Information required for Type I or Type II review, as applicable. (See sections 18-5.1.050 and 18-5.1.060). B. Site Design Review Information. In addition to the general information required an applicant for Site Design Review shall provide the following information, as deemed applicable by the Staff Advisor. The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided the plans provide sufficient information to clearly identify and evaluate the application request, and may request additional or different information that he or she deems necessary for review of the application, i.e., to prepare a complete staff report and recommendation to the approval body. 1. Basic Plan Information. Plans and drawings shall include the project name, date, north arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed. The scale of site and landscaping plans shall be at least one inch equals 50 feet or larger, and of building elevations one inch equals ten feet or larger. 2. Site Analysis Map. The site analysis map shall contain the following information: a. Vicinity map; b. The property boundaries, dimensions, and area of the site shall be identified; c. Topographic contour lines at 5-foot intervals or less, except where the Staff Advisor determines that larger intervals will be adequate for steeper slopes; e. Zone designation of the and adjacent to the proposed development, including lands subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Review, Historic District Overlay, Pedestrian Place Overlay, Physical and Environmental Constraints Overlays, and Water Resource Protection Zones Overlay (see part 18-3); f. The location and width of all public and private streets, drives, sidewalks, pathways, rights- of-way, and easements on the site and adjoining the site; g. The location and size of all public and private utilities, on and adjacent to the subject site, including: i. Water lines; ii. Sewer lines, manholes and cleanouts; iii. Storm drainage and catch basins; and iv. Fire hydrants. City of Ashland 5-33 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review h. Site features, including existing structures, pavement, drainage ways, rock outcroppings, areas having unique views, and streams, wetlands, drainage ways, canals and ditches; i. The location, size and species of trees six inches DBH or greater, including trees located on the subject site and trees located off-site that have drip lines extending into the subject site; 3. Proposed Site Plan. The site plan shall contain the following information: a. The proposed development site, including boundaries, dimensions, and gross area; b. Features identified on the existing site analysis maps that are proposed to remain on the site; c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development; d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements; e. The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements, including: i. Connection to the City water system and meter locations; ii. Connection to the City sewer system; iii. Connection to the City electric utility system and meter locations; iv. New and/or replaced fire hydrants and vault locations; v. The proposed method of drainage of the site; and vi. The opportunity-to-recycle site and solid waste receptacle, including proposed screening. f. Location of drainage ways and public utility easements in and adjacent to the proposed development; g. Setback dimensions for all existing and proposed structures; h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access; i. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls); Comment: Staff recommends adding the highlighted items below to the Site Review plan requirements because the Site Review standards cover pedestrian and bicycle circulation, lighting and bust stops. Concern was raised at the focus group regarding having detailed information on outdoor lighting at the conceptual stage. As a result, this piece is edited to require the location of outdoor lighting to be shown, but not the type and size. City of Ashland 5-34 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails; k. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements; 1. Location, type, aRd height of outdoor lighting; m. Location of mail boxes, if known; n. Locations of bus stops and other public or private transportation facilities-,- and o. Locations, sizes, and types of signs. 4. Architectural drawings. Architectural drawings, as applicable: a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or greater; such plans shall indicate the material, color, texture, shape and design features of the building, and include mechanical devices not fully enclosed in the building; b. Exterior elevations of other proposed structures, including fences, retaining walls, accessory buildings, and similar structures; c. The elevations and locations of all proposed signs for the development; and d. For non-residential developments proposed on properties located in a Historic District, section drawings including exterior walls, windows, projections, and other features, as applicable, and drawings of architectural details (e.g. column width, cornice and base, relief and projection, etc.) drawn to a scale three-fourths of an inch equals one foot or larger. z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z, Comment: Staff recommends adding a requirement for a preliminary grading and drainage plan. The plan would not be necessary in all in cases, especially where the site has previously been graded or where there isn't significant change in elevation between neighboring properties. The Planning Commission raised concern about the following new requirement during the review of the previous draft. Language was suggested by the Commission and the subsection is revised accordingly. 5. Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by an engineer shall be submitted with the application for Site Design Review where a development site is one-half of an acre or larger-,-Gr vVher° ethelp N se required as deemed necessary by the Staff Advisor. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with chapter 18-4.6. Comment. The existing ordinance requires the irrigation plan "at time of installation." This is changed to "at time~~ of building permit submittals." In practice, irrigation plans are submitted with the building permit by landscape design professionals because the Water Conservation Analyst reviews the plans for compliance with the Site Design and Use standards. As a result, the change in wording simply reflects current practice. City of Ashland 5-35 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review 6. Landscape and Irrigation Plans: a. The landscape and irrigations plans shall include the following information: i. The location, size, and species of the existing and proposed plant materials, and any other pertinent features of the proposed landscaping and plantings; ii. At time of building permit submittals, an irrigation plan including a layout of irrigation facilities; and iii. A tree protection and removal plan consistent with section 18-4.13 for sites with trees that are to be retained, protected, and removed. Comment: The additional plan requirements for water conserving landscaping are currently combined with the standards in Section I II of the Site Design and Use Standards. (Water conserving landscaping is required for commercial, industrial, non-residential and mixed use projects requiring Site Review approval.) Subsections b and c relocate the additional plan information for ease of use. The existing standards are shown in strikeout. Staff has worked with the City's Water Conservation Analyst to update the plan standards (shown in yellow). Additionally, the proposed amendments were circulated to landscape design professionals and discussed at a focus group meeting on September 23, 2013. a. The area irrigated tin sq care feet\ b. PFeGiprta-tGrni-rrate96 f4Q-reanh Vehie nirn1lit first year thereafter d-. A rte ;g-GGhed6llle f4Q-raaevrrviTV61t fFGF the plan must be pGsted insii-ftthe- rnrreGPGRdinn nnntrnller e. A grading plan with suffinient nnnto ors so that slGpe Fnay he meas6lreiJ b. When water conserving landscaping is required pursuant to section 18-4.4.030, the landscape plan shall contain the following additional information: i. Information from proposed site plan; ii. Landscape contact person, including address and telephone number; iii. Identification of cut and fill areas; iv. Location of underground utilities and all transformer and utility meter locations; v. Slopes exceeding ten percent and grade changes in root zones of plants to be retained on site; vi. Inventory of existing plant materials on site identifying that will remain and will be removed; vii. Composite plant list including quantity, size, botanical name, common name, variety and spacing requirements of all proposed plant material; City of Ashland 5-36 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review vii. Mulch areas labeled according to material and depth; viii. Shrub and tree planting and staking detail; ix. Root barrier design, installation specifications and details; and xi. Design and installation specifications of any proposed tree grates. c. When water conserving landscaping is required pursuant to section 18-4.4.030, the irrigation plan included with the building permit submittals shall contain the following additional information: i. Information from proposed site plan; ii. Landscape contact person, including address and telephone number; iii. For lots with a landscaped area greater than 5,000 square feet, a grading plan and topographic map showing contour intervals of five feet or less; iv. Identification of water source, point of connection including static and operating pressure; v. If Talent Irrigation District (TID) is used, list the size and type of filtration method; vi. Area of irrigated space in square feet. vii. Size, type, brand and location of backflow device, as well as make, model, precipitation rate and location of sprinkler heads; viii. Layout of drip system showing type of emitter and its outputs, as well as type of filtration used; ix. Piping description including size schedule or class, type of mounting used between piping and sprinkler heard, depth of proposed trenching and provisions for winterization; x. Size, type, brand, and location of control valves ad sprinkler controllers; xi. Size, type, depth and location of materials for under paving sleeves; xii. Type and location of pressure regulator; xiii. Type and location of rain sensor; xiv. Monthly irrigation schedule for the plant establishment period (6 - 12 months) and for the first year thereafter; and xv. Water schedule for each zone from the plan. 7. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in section 18-5.2.050. Specifically, the narrative shall contain: a. For commercial and industrial developments: i. The square footage contained in the area proposed to be developed. ii. The percentage of the lot covered by structures. City of Ashland 5-37 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review iii. The percentage of the lot covered by other impervious surfaces. iv. The total number of parking spaces. v. The total square footage of all landscaped areas. b. For residential developments: i. The total square footage in the development. ii. The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc). iii. Percentage of lot coverage by structures; streets, roads, or drives; public use areas, common area/private recreation areas, landscaping, and parking areas. Comment: Same issue as identified on page 32. Staff has discussed the issue with the Conservation Division, and given the pre-application conference process they requested removing this subsection. Additionally, the level of detail required to provide the energy information is typically not know until the building design and building permit submittals are prepared. a R.A.1 iol °mnH ri4 of oReFg i used pee each Sel irro _AAGI Oho m o4heds; used 4n Make. Oho o f f" ex-Anat. vir City of Ashland 5-38 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review 18-5.2.050 Approval Criteria Comment: The following revises the existing Site Design Review criteria in 18.72.070. The first two criteria, A and B, clarify that the proposal must meet the requirements of the zone and any applicable overlay zone - this language is not explicitly stated in the existing approval criteria. The second two criteria, C and D are existing requirements though the wording is revised for clarity. An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority may, in approving the application, impose conditions of approval, consistent with the applicable criteria. A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18-2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18-3). C. Site Design and Development Standards. The proposal complies with the applicable Site Design and Development Standards of part 18-4, except as provided by subsection E, below. Comment. The current standard concerning city facilities in 18.72.070.D includes the language regarding paved access "to and through the development." Staff believes the intent of the language "through the development' is regarding internal circulation for vehicles traveling inside the development, and recommends that this language be revised to "throughout." The same issue is flagged in the Conditional Use Permit chapter. D. City Facilities. The proposal complies with the applicable standards in section 18-4.7 Public Facilities and Utilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. Comment: The following carries forward 18.72.090 Exception to the Site Design and Use Standards. E. Exception to the Site Design and Development Standards. The approval authority may approve exceptions to the Site Design and Development Standards of part 18-4 if, on the basis of the application, investigation and evidence submitted, all of the circumstances in subsections 1 and 2, below, are found to exist: 1. There is a demonstrable difficulty meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. City of Ashland 5-39 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review Comment: The section below on public improvements guarantee is common practice, but is currently not included in the ordinance. 18-5.2.060 Public Improvements Guarantee Public improvements required as part of a Site Design Review approval shall be subject to the performance guarantee and warranty bond provisions of chapter 18.4.6, as applicable. Comment: Expiration of Site Design Review approvals is addressed in the 18.72.10 in the existing code. This section is replaced with a reference to the Expiration and Extension sections in Part 18-1, and is used throughout Part 18-5 for consistency. 18-5.2.070 Expiration and Extensions Site Design Review approvals are subject to sections 18-1.6.030 Permit Expiration and 18-1.6.040 Permit Extension. 18-5.2.080 Power to Amend Plans Comment: The following carries forward 18.72.100 Power to Amend Plans. When approving an application to amend a Site Design Review approval pursuant to chapter 18-5.6, the Planning Commission or the Staff Advisor may include any or all of the following conditions as they find necessary to meet the intent and purpose and the criteria for approval: A. Require the value of the landscaping to be above two percent, but not greater than five percent of the total project costs as determined from the building permit valuation. B. Require such modifications in the landscaping plan as will ensure proper screening and aesthetic appearance. C. Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover. D. Require the retention of existing trees, rocks, water ponds or courses and other natural features. E. Require the retention and restoration of existing historically significant structures on the project site. F. Require the City Engineer's approval of a grading plan or drainage plan for a collection and transmission of drainage. G. Require the modification or revision of the design or remodeling of structures, signs, accessory buildings, etc., to be consistent with the Site Design Standards. H. Require the modification of the placement of any new structures, new accessory uses, parking and landscaping on the project site to buffer adjacent uses from the possible detrimental effects of the propose development. 1. Restrict heights of new buildings or additions over 35 feet and increase setbacks up to 20 feet. J. Require on-site fire hydrants with protective barricades. City of Ashland 5-40 Draft 3 - November 2013 Land Use Ordinance 18-5.2 - Site Design Review K. Require the type and placement or shielding of lights for outdoor circulation and parking. L. Require new developments to provide limited controlled access onto a major street by means of traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to insure the viability, safety and integrity of the major street as a through corridor. M. Require pedestrian access, separate pedestrian paths, sidewalks and protection from weather in new developments. N. Require developments to provide access to improved City streets and, where possible, provide access to the lower order street rather than a major collector or arterial street. City of Ashland 5-41 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments Chapter 18-5.3 - Land Divisions and Property Line Adjustments Comment: This chapter updates and consolidates 18.76~ Partitions and 18.80~Subdivisions ~for clarity and ease of use, so that all land division procedures are covered in one place in the code. There are new sections in this chapter addressing basic items like purpose and applicability, which are based on the state model code. Sections: 18-5.3.010 Purpose 18-5.3.020 Applicability and General Requirements 18-5.3.030 Preliminary Plat Approval Process 18-5.3.040 Preliminary Plat Submissions 18-5.3.050 Preliminary Partition Plat Criteria 18-5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria 18-5.3.070 Preliminary Subdivision Plat Criteria 18-5.3.080 Land Division-Related Variances 18-5.3.090 Final Plats 18-5.3.100 Filing and Recording 18-5.3.110 Re-platting and Vacation of Plats 18-5.3.120 Property Line Adjustments 18-5.3.130 Expiration and Extensions Comment: The purpose section below is new. The current ordinance chapters on partitions and subdivisions do not include a purpose statement. 18-5.3.010 Purpose The purpose of this chapter is to provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments as follows: A. Carry out the City's development pattern, as envisioned by the City's comprehensive plan; B. Encourage efficient use of land resources and public services, and to provide transportation options; C. Protect the natural environment and encourage sustainable building practices; D. Promote the public health, safety and general welfare through orderly and efficient urbanization; and E. Coordinate land division requirements with other code provisions such as the Performance Standards Option. Comment: The applicability section below is new because the current ordinance chapters on partitions and subdivisions do not address the applicability of the chapter. The definitions of subdivision and partition occurring in "one calendar year" are for consistency with ORS 92. Subsection 4 added to provide cross reference to alternative method for developing subdivisions in 18-3.8 Performance Standards Option. City of Ashland 5-42 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 18-5.3.020 Applicability and General Requirements A. Applicability. The requirements for partitions and subdivisions apply, as follows: 1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year. 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each having frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via a private drive are allowed under chapter 18-3.8 Performance Standards Option.) 3. Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots). 4. For properties located in the Performance Standards Overlay, all land divisions, other than partitions and development of individual dwelling units, shall be processed under chapter 18-3.8 Performance Standards Options. Properties not located in the Performance Standards Overlay but meeting the requirements of section 18-3.8.030, may be processed under chapter 18-3.8 Performance Standards Options. Except as modified by chapter 18-3.8, the provisions of chapter 18-5.3 apply to development applications processed under the Performance Standards Option. Comment: Sections B, C and D are new, and based on the state model code. Processing land divisions with a two step process (preliminary and final approval) is standard procedure for partitions and subdivisions, in accordance with ORS 92 Subdivisions and Partitions. Property line adjustments and lot consolidation requests, where no new lot is created, are subject to section 18-5.3.120, and are not subject to 18-5.3.020 through 18- 5.3.110. B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. C. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation: 1. The preliminary plat must be approved before the final plat can be submitted for review; and 2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat. D. Compliance With Oregon Revised Statutes (ORS) chapter 92. All subdivision and partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92, Subdivisions and Partitions. Comment: Subsection E is currently covered in 18.76.060 Further Lot Division, and has been reworded for clarity. E. Future Re-division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the lots City of Ashland 5-43 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. If the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. Comment: The following language was new and based on the state model code. After further review, staff believes the items duplicate the approval criteria for partitions and subdivisions, and therefore has removed the language. E. Adequate Utilities. A.11 lets; r0re-ated thFeugh IaAd- divisieR shall have adequate publir-, -;;A-d I=. Adequate Drainage. A.". aRd Pa~titiGR PFGPGS_A'S Sh-All h-AVe adeqUate 61-14-AG-9 '.Yate4: q antifii GGRtrnl imnreyernents m°y be recl aired nUFS font to chapter 18.4.6. G. Adequate Trans p ort-ati -on -and- A1.1 1A_tS; GFP__Att_Qd GF FeGGRfigluired_ sh-A.'' have adequate City of Ashland 5-44 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 18-5.3.030 Preliminary Plat Approval Process Comment: This new section consolidates selected provisions currently under 18.76, 18.80 and 18.108. A. Review of Preliminary Plat. 1. Partitions. Preliminary plats for partitions, including flag lot partitions, are reviewed through the Type I procedure under section 18-5.1.050. 2. Subdivisions. Preliminary plats for subdivisions are subject to the approval criteria in section 18- 5.3.050 and are reviewed through the Type II procedure, pursuant to chapter 18-5.1.060. B. Modifications. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in chapter 18-5.6. Comment. Section C is carried forwarded from 18.80.050.A and F and updated for consistency with subdivisions developed under 18-3.8 Performance Standards Options. The requirement to have the Planning Commission approve modifications to phasing plans is new and based on the state model code. Section 5 was inadvertently deleted from the previous draft, but is currently included in 18.80.050.A and 18.88.030B.3. Language allowing for an extension is also added to the deadline for improvements for consistency with subsection 5 - public improvements such as streets and utilities are required to be in place or bonded for prior to the signature of a final survey plat. C. Phased Subdivision. The Planning Commission may approve plans for phasing a subdivision, and changes to approved phasing plans, provided applicant's proposal meets all of the following criteria: 1. The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application; 2. Planning Commission approval is required for modifications to phasing plans; 3. The required improvements (i.e., utilities, streets) for the first subdivision phase shall be installed or bonded for within 18 months of the approval of the preliminary plat, except when an extension of the preliminary plat is granted pursuant to section 18-1.6.040; 4. Public facilities and private open spaces shall be constructed in conjunction with or prior to each phase; and 5. The final plat for the first phase shall be approved within 18 months of the approval of the preliminary plat, except when extension of the preliminary plat is granted pursuant to section 18- 1.6.040. City of Ashland 5-45 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 18-5.3.040 Preliminary Plat Submissions Applications for Preliminary Plat approval shall contain all of the following information: A. General Submission Requirements. 1. Partitions. Information required for a Type I review. (See section 18-5.1.050); and 1. Subdivisions. Information required for a Type II review. (See section 18-5.1.060). B. Preliminary Plat Information. In addition to the general information described in subsection A, above, and any information required pursuant to chapter 18-3.8 Performance Standards Option, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information, in quantities determined by Staff Advisor: 1. General information a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in the City of Ashland or vicinity; b. Date, north arrow, and scale of drawing; c. Location of the development sufficient to define its location in the City, boundaries; d. Zoning of parcel to be divided, including any overlay zones; e. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and f. Identification of the drawing as a "preliminary plat". 2. Existing Conditions. Except where the Staff Advisor deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on existing conditions of the site: a. Streets: Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site; b. Easements: Width, location and purpose of all existing easements of record on and abutting the site; c. Utilities: Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards; d. Topography and Natural Features: A topographic map showing contour intervals of five (5) feet or less and the location of any physical constrained lands, pursuant to chapter 18-3.9, and any natural features, such as rock outcroppings, wetlands, streams, wooded areas, and isolated preservable trees; e. The Base Flood Elevation, Floodplain Corridor Elevation or Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; and City of Ashland 5-46 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments f. North arrow and scale. 3. Proposed Development. Except where the Staff Advisor deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on the proposed development: a. Proposed lots, streets, tracts, open space and park land (if any); location, names, right-of- way dimensions; b. Easements: location, width and purpose of all proposed easements; c. Lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts; d. Proposed uses of the property, including all areas proposed to be dedicated as public right- of-way or reserved as open space for the purpose of surface water management, recreation, or other use; e. Proposed public street improvements, pursuant to chapter 18.4.6; f. Preliminary design for extending City water and sewer service to each lot, per chapter 18.4.6; g. Proposed method of storm water drainage and treatment, if required, pursuant to chapter 18.4.6; h. The approximate location and identity of other facilities, including the locations of fire hydrants, streetlights, and utilities, as applicable; and i. Evidence of compliance with applicable overlay zones. 18-5.3.050 Preliminary Partition Plat Criteria Comment: The following carries forward 18.76.050 Preliminary Approval. Edits to criteria are made for clarity and consistency with preliminary subdivision plat criteria in 18-5.4.070. Criteria C, F and K are added and E and G are edited for consistency with the preliminary subdivision plat criteria in 18-5.4.070. The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met: A. The future use for urban purposes of the remainder of the tract will not be impeded; B. The development of the remainder of any adjoining land or access thereto will not be impeded; C. The partition plan conforms to applicable City-adopted subarea or district plans, if any, and any previous land use approvals for the subject area; D. The tract of land has not been partitioned for 12 months; E. Proposed lots conform to the development standards of the underlying zone, per part 18-2, and any City of Ashland 5-47 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments applicable overlay zone requirements, per part 18-3; F. Accesses to individual lots conform to the standards in section 18-4.3.080.C Vehicle Area Design. Flag lot partitions are additionally subject to section 18-5.3.060; G. , Perform°pn° Stand-a-rds Options The proposed streets, utilities, and surface water drainage facilities conform to the standards contained in part 18-4 and City of Ashland adopted facility master plans, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications; F. Adequate publiG faGilitiP_63 R_FP_ or the appliGant presents evid-e-pr.e that ad-equate p6lbliG dpr,, 914s fn ate{- sanitary sewers, ctnrm sewer, and eleGtFiGity. H. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied; Comment: Criteria I was inadvertently deleted from the previous draft, and is carried forward from the existing code in 18.76.170. The content is not changed. 1. Exterior Unimproved Streets and Access Ways. The following improvements are required for property being partitioned adjacent to a street not improved to full city and standards. Partitions creating a street shall comply with the requirements of the street standards in chapter 18-4.6. These requirements shall apply to streets that are dedicated in whole or in part, or where the Planning Commission finds that it is essential to the future development and interior access or circulation of an area for dedication to be provided. All improvements shall be along the entire frontage of the property and along the unimproved street to the nearest fully improved collector or arterial street, and are to be installed at the expense of the land divider. City of Ashland 5-48 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 1. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the lot's slopes shall be graded to meet the final street elevation. 2. The street be graded (cut and filled) to its standard physical width, and surfaced as required in section 18-4.6.030 prior to the signature of the partition survey plan by the City. 3. Drainage ditches shall be provided at the probable curb and gutter location. 4. Pedestrian ways (unimproved sidewalks) shall be provided within the street right-of-way between the drainage ditch and the property line. 5. The street be surfaced as required section H, above, to a minimum width of 20 feet with all work done under permit from the Public Works Department. 6. Functional, not legal, access may be obtained through use of a deeded easement where serving not more than two dwellings, and access shall meet the requirements for a flag drive. J. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street; K. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and L. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18- 5.3.060. 18-5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria Comment: The following carries forward section 18.76.060 Preliminary Approval of Flag Partitions. The edits are primarily for clarity, grouping and reordering criteria in a more logical order. The approval authority shall approve a preliminary plat application for a flag lot partition only where all of the following criteria are met: A. The criteria of section 18-5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18-5.3.060.H, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Comment: In the existing ordinance, driveway curb cuts are required to be minimized (see section E below) and flag drives are permitted to be shared by adjacent properties (see last sentence in section D above). This allows City of Ashland 5-49 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments standard street facing lots that are part of the partition or adjacent to the partition to share the driveway. For consistency and clarity, the word flag is added to sections D and E (see highlights). E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18-5.5 Variances. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval; 2. No screening and paving requirements shall be required for the flagpole; 3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot; and 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four- inch by four-inch (4" X 4") post three and one-half feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. 1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof. J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround. The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. M. Flag drives serving structures greater than 24 feet in height, as defined in part 18-6, shall provide a fire work area of 20 feet by 40 feet within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a height of from four to six feet, except in the front yard setback area where, starting five City of Ashland 5-50 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire access. 0. The applicant has executed and filed with the Planning Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Director of Public Works and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance. P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. 18-5.3.070 Preliminary Subdivision Plat Criteria Comment: The following simplifies the approval criteria for preliminary subdivision plans. The criteria are currently contained in 18.80 Subdivisions, but are not well defined; the current ordinance intermingles criteria, design standards and procedures. By simplifying the list of criteria and cross-referencing unified ordinance standards and procedures in 18-2 through 18-4, the ordinance should be easier to use and require less time in preparing staff reports and findings. A. Approval Criteria. The approval authority, pursuant to subsection 18-5.3.030.A, may approve, approve with conditions or deny a preliminary subdivision plat on findings of compliance with all of the following approval criteria: 1. The subdivision plan conforms to applicable City-adopted subarea or district plans, if any, and any previous land use approvals for the subject area; 2. Proposed lots conform to the development standards of the underlying zone, per part 18-2, and any applicable overlay zone requirements, per part 18-3; 3. Access to individual lots necessary to serve the development shall conform to the standards contained in subsection 18-4.3.080.C Vehicle Area Design; 4. The proposed streets, utilities, and surface water drainage facilities conform to the standards in chapter 18-4.6 and City of Ashland adopted facility master plans, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications; 5. All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas(e.g., landscaping, tree preservation, common areas, access, parking, etc.) is assured through appropriate legal instrument (e.g. Covenants, Conditions and Restrictions (CC&R's); and City of Ashland 5-51 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 6. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; B. Conditions of Approval. The approval authority may attach such conditions as are necessary to carry out provisions of this ordinance, and other applicable ordinances and regulations. 18-5.3.080 Land Division-Related Variances Variances shall be processed in accordance with chapter 18-5.5. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical the applications shall be reviewed concurrently. 18-5.3.090 Final Plats Comment: The following carries forward and edits 18.80.050. The section in the current ordinance covering "Final Plat Information" is replaced and updated based on the state model code. Staff worked with the City's surveying and engineering staff, and determined the current code requirements are outdated (chn,n,n .n str Uon- + hplew) The updated section references the technical survey requirements in state law. The Improvements requirements of 18.80.060 are being relocated to 18-4.6 Public Facilities, to provide a unified chapter that will apply to all public improvements required through land use approvals, including those associated with subdivisions and those required for other development project. A. Final Plat Submission. Final plats require review and approval by the Staff Advisor and City Surveyor prior to recording with Jackson County. Within 18 months of the date of preliminary plat approval, except when an extension of the preliminary plat is granted pursuant to section 18- 1.6.040, the tract of land shall be surveyed, and the applicant shall submit the final plat. B. Final Plat Information. The final plat submission requirements are as follows: 1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied; 2. All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider if different than the City of Ashland (e.g., road authority, utility provider), or otherwise bonded in conformance with chapter 18-4.6; 3. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities; 4. All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat; 5. The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, and water and sewer facilities, as applicable; 6. As applicable, the applicant has furnished acceptable copies of Covenants, Conditions and City of Ashland 5-52 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments Restrictions (CC&R's); easements, maintenance agreements (e.g., landscaping, tree preservation, common areas, access, parking, etc.); and other documents pertaining to common improvements recorded and referenced on the plat; 7. Verification by the City that water and sanitary sewer service is available to every lot depicted on the plat; 8. The format of the plat shall conform to ORS 92; and 9. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Jackson County Surveyor for purposes of identifying its location. s'_'hdNvNdPr qh;4" r';4' 'qP thp R. 'hdivisiGn Gr any part ther4pof to be sup,~eyed and a final plat prepaFed 4'A Griginal dr-Wil-, P_Xa4Gt OF ;-4'6ltG PGGitiVe GGPY, five (5) prints Gf the final plat, and ap'y the expiration of the bNelve (12) FnGnth periGd fbl!Gwing the tentative apprGval Gf the pFeliminaFy plat by the Planning GGFnmissiGn, the pFeliminary plat must be r4P_q,,hmitt4P_d U4 the fir-st phase Gf the plan is nGt approved v.githip eighteen (19) FnGnths fro-M. the date Gf the apprGual P expiratiGn date, may be granted as a Type 1 prGGe_d_,_, r4e as set forth in G hapter 19. 1 Q8 Pf th Ns . _R. tp- that GthepNise speGified by law, the fbl!Gwing infbrmatiop shall be shown on the final plat• , highways, aRd rgilFead right of way. 7. Legal cr idocS6r r,o ptf8r, n g cf thP- ~n4 g„rrlgrioc A-Ad- thp- f 1e C~arr 'mrph Of thp- _rr -r vrn~uncazarrcr ' 2f ~r of the 2r, SNacri-v-icr2r,~rrrcrSNNrvcyvr. , AAd roforoAnorl to ° fiokd hook or mao as follews- ho,,~~'rrt1°c~-Qrthrahh d"viiI;NQA b. AGqeiRiRg nor'^er f adjGining G61bdi ~~riG to be installed by provisions of this Titlo City of Ashland 5-53 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments nearestone-hu;dred (100) feet. wo d-iffeMarks shauQaed. 7. The v.gidth Gf the pGrtwop of rbtr4eets being dediGated, the width Gf any existing Fight Gf way and the the radw6,,.; and- rGentral angle shall be tea- ch;ll he nrnnerly referenned- in the oy.gper,c ner+ifina+e of dPdin;4+inA and- r.optin i PM "I" -9. Lot P-6-Mbers beginning with the nw.m.-her "I" ~JIV1T 11. Land paFGe'S tG be ded-ir.ated- for any pwrpGse, publiG Gr private, tG be distinguished fim-M. lots in+endPd fnr c;4le 1-2. Swuld-ung setbaGk lines, if any, ar4e to Ghe Made a part Gf the subdivision 13. The fnllGWinn nor+ifina4+oc y.ghinh Fnay be nnmhinoiJ y.ghere annrnnriate , A. signed and aGknGwIedged by all parties having Fer.ord- title the rnnsen+inn +n the nrenara+inn and ronnrdinn of the plat of the eRgiReeF er swweyeF +e be ennemr aRwed by their se°l\ d. AlP- thePert+fi miens An-;.A.g er hereafter requiFed by 141 gwwev reiv„iremer4-9 (54") fbF WFGR puns and-a. q n , refer to n.,., zp.c 9-2.06-0) ~ as amended by Senate Bull Nip il-$7 cv~r. City of Ashland 5-54 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments Mhpr true nncitiGn nrGyidinn nn,,rce and- distaRGe is nnlen to the tn,e nncitinn I. That an apprGved bond- or r.ash depGsit be kirnished- to the Gity Gf Ashland up an amount equal to the estimated-~~n^^n,,..~~st, of performing the wGi* ~A~11 n„--r^nd}twgns set fort ~ , dpr 0 R S; 92 065 h° °dheKed te. 15. Dicnnveni of Grrnr and- G-Missions. A." r.omer.twons, or on a final Map shall be Made swutable for the sprayed with switable plastir. Material for pFeswvatiGn, iRG161diRg thGGe Prior to- rerVord-i me4e nnrrentiGRG nrnVidinn• . Fer.mxs shall ham,,,-,tee-r.orresfedby lining Gut and G erasuresv.4ie perFnwffed. 7. A.R. afflmaiyit stating g the n-acrt~+re o ~ervrrnr or eryr rors shu°11 he yrgith ~GG6H i _ ~r,vr~ rr ~ -r rrn~ er wmrp l~enrccvvrd°cr 3. The Fnap then shall be r.orrer.tedd and wpwtw;-;',Q-d by the swrveyGr under the direr0tion of the 4 The affidavit dorument number and date shall be plaGed- OR thP fRre Gf the Fnap that ren~~ G. dtppie.m.ental inf A n The folIGwinn shall ennmmpeny the final plaT parties i.A.4ho are either the fee Gwners Gr FnGrtgage Gr lien hold-ters, the land- to 7 Cheete Eanid dlre4„9.RgG ehGWwRo the follo~„ii r~o• eFr^rvr-vT Gleeswe,C-if a Tay. h. The e nomo„ cvrrrpcrt n of vr ezrll distai~vc noS, aRgleS, a no„rS2S G o fiRA-1 mmaao n -s`~ti 6r rrrcrr~rrgr~.~Rd rrc~- cvarYM vrn-vrn r the m~-w norvFReFs.. 3. A ^ee" of aRy deeds estr+etien ppli` able to the-sabdivisiop. , legal aoreemeRtG releterl thereto City of Ashland 5-55 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments Gity Engineer andd S; aff Advisor who shall determine whether the subdivision as shown i t II . 4_01 W.110 611_11 -9-91111.119 W.119-1191 _119 S 61- -1-1 BIG- _ 611_11 +S substantially the same as it appeared- on the apprGved pFeliminary plat and- that ther4e has. been GGFnpliaRGe With PFGViG_iG_RG_ Of thP- ;-;Pd- of this r0od-e. The Gity may Make r.her.ks; up the fie'd II 111-Re, the subduvwdpr shRII hp Rdu de Ad -hppp mRd of the r0hanges Gr additions; that Must be Ma- a;_ shall aft.-rd- the sa~cr~~r bdiyider an GppGrfi wrnrn~nity f ~v n make the n~cahanges n vr additions rrr rvPpvrcrc~Trtuic~crr~r~crrcroT F=. Approval. if the Gity Sup.,eyGr and- S_;taff Ad-Viroor thR-t thp-- final plat full r.onformaRGe v.4ith the R prGved preliminary plat and- other regulatiGns, the Rtaff Advisor and the Gity SupteyGr Fnay then sign the plat v.4ithout further aGtwGn by the Planning GGFnmissiop. If the final plat us n s-61-himlitted- to the Planning apprGval Gf the final plat '-;hall be -hy-a , nex4 Fegular meeting. PrGvided, hGwever, that priGr tG Gertifying its apprGval Gn the final plat, the Planning shall Feq6iwr4p- the subdiVid-er tn- flip- the agreement and- bond- or Make the deposit requiredA SS estiens F aAd (Q;d. 2797, 44W , F. Agreement for improvements. -Refore Planning GGmmissiGn approval is r.er-tified- on the final the subduvwd-er shall either upstall req6lwFed imprGvements or '-;hall exerOute and- flie the G4 eF pwswapt te this Title, aRd PFGVwdwRg that if subdivider shall fail to gemplete 66IGh werk withip si igh subdivider de fe F=G!!Gwwng expiratiGn of the alloiNed time periGd, failure tG GGMP'ete may be met by the City depend Gn the stage Gf GGMPletiGR, if any, and the pature of the surrn-61nding aFea. The rFegardinn nmmPletinn nr plat widinn shall be made by the Planning ('nmmiccinn G. Bond. nf+ho fnllnWinn• a. An efrFedit payable to theGny in the-evegtthp- agTeement imnrnVeMentS is nn1• norfnrMPd City of Ashland 5-56 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments C;4 Sh-. s City Engineer as to form f;Wr _.s to rup-MID-lete all v.gith the ans of this Title, and the City has GGFnpleted same, Gr the subdivid-er f;4ilrl tP r4P_iMh-r9;Q sur.h bond- or r.ash depGsit, and if the a.m.ount of the surety bGnd GF Gash depGsit is less than the ~ifferenne H. Filing. The subdivider shall, v.githout delay, submit the final plat for signatur4es of other publiG offirVials, r4equired by law. ApprGval of the final plat us null and void- if the plat us nGt r4erVord-ed- v.4i eiJ sixty (60) days after the date the last reg,,ired signature has been obtain 18-5.3.100 Filing and Recording Comment: The following is updated, as the existing filing requirement under 18.80.050.H is vague. A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the partition or subdivision containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat ("lot of record") shall follow the procedure in chapter 18-1.3. The final plat filing and recording requirements are as follows: A. Filing Plat with County. Within 60 days of the City approval of the final plat, the applicant shall submit the final plat to Jackson County for signatures of County officials as required by ORS chapter 92. B. Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a mylar copy, three paper copies, and electronic files of all sheets of the recorded final plat. C. Prerequisites to Recording the Plat. 1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS chapter 92; 2. No plat shall be recorded until the County Surveyor approves it in the manner provided by ORS chapter 92. City of Ashland 5-57 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments Comment: The following section is new and based on the state model code. 18-5.3.110 Re-platting and Vacation of Plats Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street vacations are subject to AMC 4.18 and ORS chapter 18-271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable City standards. City of Ashland 5-58 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments 18-5.3.120 Property Line Adjustments Comment: This section is new. It replaces 18.76.140 Lot Line Adjustments, which lacks clear procedures for nnnne property line adjustments. A Property Line Adjustment is the modification of lot boundary when no lot is created. The Staff Advisor reviews applications for Property Line Adjustments through the Ministerial procedure, per section 18- 5.1.040. The application submission and approval process for Property Line Adjustments is as follows: A. Submission Requirements. All applications for Property Line Adjustment shall be made on forms provided by the City and shall include information required for a Ministerial review, pursuant to section 18-5.1.040. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to the City of Ashland Flood Plain Overlay; existing fences and walls; and any other information deemed necessary by the Staff Advisor for ensuring compliance with City codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots. B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria: 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment; Comment: Item 2 is intended to require conformity to lot area and other dimensional requirements of the zone, while providing for the exceptions currently granted for nonconforming lots. Item 2 also incorporates a provision from the existing physical constraints chapter, which is intended to avoid the creation of unbuildable lots. Item 3 is updated to provide for lots with existing nonconforming access. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18-1.4, or as required by an overlay zone in part 18-3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18-2. If a lot is does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e. flood plain, greater than 35% slope, water resource protection zones). 3. Access Standards. All lots and parcels conform to the standards in section 18-4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Comment: In Subsections C and D, the previous draft is revised to reflect the existing requirement in 18.76.140 that property line adjustments meet the final plat requirements of a partition. C. Final Property Line Adjustment Plat. The final plat for Property Line Adjustments shall be prepared as a partition plat, and meet the requirements of sections 18-5.3.090. D. Recording Property Line Adjustments. 1. Recording. Within 60 days of the City approval of the final plat (or the approval of the City of Ashland 5-59 Draft 3 - November 2013 Land Use Ordinance 18-5.3 - Land Divisions and Property Line Adjustments preliminary property line adjustment map expires), the applicant shall submit the final plat to Jackson County for signatures of County officials as required by ORS chapter 92.1.1pen he City's preliminary appreval ef the prepesed preperty line adjustment, the appliGant Shall Fer, the preperty line adjustment der--i-iments ).A.fith jaGksen Geunty within sixty (60) days ef appr 2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for a building permits on the re-configured lots. Comment: Expiration of land division approvals ~is~addressed in the 18.76.075 (partitions) and 18.80.00.A~~ (subdivisions) in the existing code. This section is replaced with a reference to the Expiration and Extension sections in Part 18-1, and is used throughout Part 18-5 for consistency. 18-5.1.130 Expiration and Extensions Land division approvals are subject to sections 18-1.6.030 Permit Expiration and 18-1.6.040 Permit Extension. City of Ashland 5-60 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits Chapter 18-5.4 - Conditional Use Permits Comment: This chapter carries forward and updates 18.104 for clarity. Sections: 18-5.4.010 Purpose 18-5.4.020 Applicability 18-5.4.030 Review Procedure 18-5.4.040 Application Submission Requirements 18-5.4.050 Approval Criteria 18-5.4.060 Expiration; Revocation; Abandonment 18-5.4.070 Modifications to Conditional Use Permits Comment: The existing ordinance combines the purpose and applicability in 18.104.010. The language has been separated into two separate sections in this draft for ease of use and consistency with other chapters. 18-5.4.010 Purpose The purpose of this chapter is to provide procedures and standards for permitting conditional uses. the provisions of this chanter. 18-5.4.020 Applicability Chapter 18-5.4 applies to land use actions involving a conditional use as designated in section 18- 2.2.030. Certain uses are permitted in each zoning district only as conditional uses, and conditional uses are identified in chapter 18-2.2. No conditionally permitted use may be established, enlarged or altered unless the city first issues a conditional use permit in accordance with the provisions of this chapter. Comment: The following list of uses is from 18.108.040.A.3 and is used to determine whether an application is processed using the Type I or Type II procedure. The list below is from the current ordinance, and was expanded in the 2008 ordinance amendments. The previous code simply included A.1 as shown below which determined the threshold between a Type I and Type 11 procedure - if it involved an existing structure (Type 1) or new structure (Type 11), or three or less residential units (Type 1) or four or more residential units (Type 11). Staff recommends simplifying the review procedure thresholds similar to the pre-2008 approach. 18-5.4.030 Review Procedure Applications for Conditional Use Permits are reviewed as follows: A. Type I Reviews. The following Conditional Use Permits are subject to Type I review in chapter 18- 5.1.050: 1. Conditional Use Permits involving existing structures or additions to existing structures, and not involving more than three (3) residential dwelling units. City of Ashland 5-61 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits 2. Temporary uses, as defined in chapter 18-6; 18-1-4; 3. Government signs per section 18.4.7; Comment: Accessory residential units have been deleted from the list of conditional uses per the Planning Commission's discussion of the 2006 Land Use Ordinance Review. The fnllew0Rg uses OR arR-Y R°csideRti-al ~rnr~ a. D a Y G a re Ge Rterc1 -h. PubliG aRd pub! iGutility buildiRgs, struGtUres, aRd uses, r_,A_Rt_;;iRiRg less thaR 2,500 square f in hi iilydiRg feetpFiRt aRd rdi rhi Rg Iessth sq i are feet of '-;;Ad ar Teet less ~7,500 ~~ea; e.res -exrueediTeet i+Te-2- -;ze (MRFA) in a His+nrir Distrir+ by up to 25 perre Rt of the MPF pFeyided aRY ardrdi+ieR is Pet lessi e. We_telT f Pt lbIiG RarkiRn he 1InPA C, ZZeReaP4 ❑ C;eMM snit y CeFyiA_es in the t\IM R1 G. -nAe 7 The fA_IIe iRg vices in aRY (`nmmerriol nr IAGI'is+riol AAA..e a Glertrir-al si the+a+iens~ b. Outdoor sterage of r__A_rnrnedities~ 2-. The fA_IIc) nnn uses in the I-I°al+h Care Cervices Zene: anent er adiuster, iRyes+men+ er management r~n~ mselnr nr si irye yer~ and A Any rnediGally related use, IGGated eR Gity ewRed property that is Rot speGifiGally allowed by the Ashl-ARd COMM inity Hospital Master Garility Ran and 9 rend0tinnal uses in the Se there Oregen I Iniyersity Dostrir~t B. Type I Reviews. Conditional Use Permits not listed in subsection 18-5.4.030.A, above, are subject to Type II review in section 18-5.4.060. 18-5.4.040 Application Submission Requirements City of Ashland 5-62 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits An application for a Conditional Use Permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the city and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below: A. General Submission Requirements. Information required for Type I or Type II review, as applicable. (See sections 18-5.1.050 and 18-5.1.060). B. Plan Submittal. The plan or drawing accompanying the application shall include the following information: 1. Vicinity map; 2. North arrow and scale; 3. Depiction and names of all streets abutting the subject property; 4. Depiction of the subject property, including the dimensions of all lot lines; 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures; 6. Location of all parking areas, parking spaces, and ingress, egress and traffic circulation for the subject property; 7. Schematic landscaping plan showing area and type of landscaping proposed; 8. A topographic map of the site showing contour intervals of five feet or less; and 9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders. City of Ashland 5-63 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits 18-5.4.050 Approval Criteria Comment: The following criteria are carried forward from 18.104.050 and reformatted. A. Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions: 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. Comment: The current standard concerning city facilities in 18~.104.050.6 includes the language regarding paved access "to and through the development." Staff believes the intent of the language is regarding internal circulation for vehicles throughout the development, and recommends that this language be revised to "throughout." This same issue is flagged in the Site Review chapter. - 2.~ That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. Comment: The highlighted change in If was suggested in the 2006 Land Use Ordinance Review, and reviewed by the Planning Commission at the beginning of the ULUO project. The issue has been raised as far back as the 1990's when residents of the railroad district expressed concern regarding the number of houses being used for conditional uses and the lack of a residential presence in the evening and on weekends. The issue was also recently discussed in the review of the traveler's accommodation ordinance, with concerns expressed specifically regarding the concentration of conditional uses and the potential impact on neighborhood character. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan, including the cumulative effect of the proposed conditional use with other conditional uses in the vicinity of the subject site. The cumulative effect shall be measured by evaluating the concentration of conditional uses within 500 feet of the subject site. City of Ashland 5-64 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance; 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are: a. WR (Woodland Residential) and RR (Rural Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18-2.3. b. R-1 (Single Family Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18-2.3. c. R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. Comment: The change from 0.35 to 0.50 FAR in `d' is per recent amendments to the Detailed Site Review zone. d. CC=1. The general retail commercial uses listed in chapter 18-2.2. developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18-2.2, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. Comment: The change from 0.35 to 0.50 FAR in `f is per recent amendments to the Detailed Site Review zone. f. E-1. The general office uses listed in chapter 18-2.2, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18-2.2, complying with all ordinance requirements. h. SOU. The permitted uses listed in chapter 18-3.5, complying with all ordinance requirements. i. CM-C1. The general light industrial uses listed in chapter 18-2.2, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. j. CM-OE. The general office uses listed in chapter 18-2.2, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-MU. The general office uses listed in chapter 18-2.2, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. 1. CM-NC. The retail commercial uses listed in chapter 18-2.2, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. City of Ashland 5-65 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits Comment: Section 18.104.060~ Conditions of the current ordinance is carried forward in section B below, and includes wording clarifications as well as several additional items. Item 4: the beginning of the sentence "Requiring site or architectural design features that minimize environmental impacts such as..." is new. Previously, this item discussed regulating noise, vibration, dust, odors or similar nuisances. This has been a difficult issue for applicants to address and for staff to administer. Staff recommends adding more specificity to make it clear that thoughtful site and building design is the key consideration. Item 8 is intended to incorporate the existing provisions of 18.68.150 Waiver of Right to Remonstrate and Consent to Participate in Costs of Improvements. Items 12, 16 and 17 are new, and address outdoor lighting, public utility improvements and timetable for review. In practice, outdoor lighting and public utility improvements routinely are reviewed, and sometimes added as conditions of approval. The third item of the Planning Commission having the capability to review conditional use permits annually or by some other increment occasionally has come up. B. Conditions of Approval. The approval authority may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Specifying the period of time within which the proposed use shall be developed; 3. Limiting the duration of use; 4. Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust, in addition to the requirements of part 18-3 Site Design and Development Standards; 5. Requiring larger setback areas, and/or building separation; 6. Requiring architectural design features such as building materials, textures, colors and architectural features that address architectural compatibility with the impact area ; 7. Designating the size, number, location and/or design of vehicle and pedestrian access points or parking and loading areas; 8. Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable, consistent with the requirements of chapter 18-4.6 Public Facilities. Alternatively, the City may require the owner sign a non-remonstrance agreement and consent to participate in the costs of providing such improvements, per section 18-4.6.020. 9. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas, in addition to the requirements of part 18-3 Site Design and Development Standards; 10. Regulation of building materials, textures, colors and architectural features; City of Ashland 5-66 Draft 3 - November 2013 Land Use Ordinance 18-5.4 - Conditional Use Permits 11. Limiting the number, size, location, height and/or lighting of signs; 12. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting; 13. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 14. Requiring and designating the size, height, location and/or materials for fences and walls; 15. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands; 16. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with City standards; 17. The approval authority may require renewal of Conditional Use Permits annually or in accordance with another timetable as approved pursuant to this chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the Conditional Use Permit to ensure compliance with conditions of approval; such period review may occur through a Type I or Type II review process, pursuant to chapter 18-5.1. Comment: Expiration of conditional use permits is addressed in the 18.104.070 in the existing code. This section is replaced with a reference to the Expiration and Extension sections in Part 18-1, and is used throughout Part 18- 5 for consistency. 18-5.4.060 Expiration; Revocation; Abandonment Unless a longer period is specifically allowed by the approval authority, Conditional Use Permits are subject to sections 18-1.6.030 Permit Expiration and 18-1.6.040 Permit Extension. phase 1s Ret develeped ,.,,+h;„ eRe year of the date of site Plesi - app,„"ai. A conditional use is deemed void if discontinued or abandoned for a period of six consecutive months. 18-5.4.070 Modifications to Conditional Use Permits Modifications to conditional use permits are subject to chapter 18-5.6 Modifications City of Ashland 5-67 Draft 3 - November 2013 Land Use Ordinance 18-5.5 - Variances Chapter 18-5.5 - Variances Comment. This chapter carries forward and updates 18.~100 Variances. Ordinance 'Exceptions' that apply only to certain zones or specific design standards (e.g. Exception to Site Design and Use Standards, Exception to Development Standards for Hillside Lands) are incorporated into relevant sections of the ordinance, as described under Purpose. Sections: 18-5.5.010 Purpose 18-5.5.020 Applicability 18-5.5.030 Review Procedure 18-5.5.040 Application Submission Requirements 18-5.5.050 Approval Criteria 18-5.5.060 Effect 18-5.5.070 Expiration and Extension Comment: The section carries forward 18.100.010 Variances - Purpose from the current ordinance. The existing ordinance combines the purpose and applicability in 18.100.010. The language has been separated into two separate sections in this draft for ease of use and consistency with other chapters. 18-5.5.010 Purpose Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, a Variance may be granted as provided in this chapter. Comment: The highlighted section is added to cross reference the exceptions allowed in specific zones or to~ specific design standards. The last sentence has been relocated to the approval criteria in 18-5.5.040.C. 18-5.5.020 Applicability This chapter may not be used to allow a use that is not in conformity with the uses specified by this title for the district in which the land is located. Chapter 18-5.5 does not apply where this ordinance specifically provides for exceptions to development standards (e.g., site design and use standards, street standards, exception to development standards for Hillside Lands, hardship variances to Water Resource Protection Zone). IR gFaRtiRg a VaFiaRGe the appreval a therity may impese i'ORditienc Rd pFepeFty 9WRerc the Y1eighherheerl er the Gity as a whele 18-5.5.030 Review Procedure Applications for Variances are reviewed as follows: A. Type I. The following Variances are subject to the Type I review procedure in section 18-5.1.050: City of Ashland 5-68 Draft 3 - November 2013 Land Use Ordinance 18-5.5 - Variances Comment: The following carries forward the provisions for Type I variances under 18.108.040.A.~~~~~~~~ 1. Sign placement, per chapter 18-4.7; 2. Non-conforming signs, when bringing them into conformance as described in chapter 18-4.7; 3. Up to a 50% reduction of standard yard requirements; 4. Parking in setback areas; 5. Up to 10% reduction in the number of required parking spaces; 6. Up to 50% reduction for parking requirements in Ashland's Historic District; 7. Up to 10% reduction in the required minimum lot area; 8. Up to 10% increase in the maximum lot coverage percentage; 9. Up to 20% reduction in lot width or lot depth requirements; 10. Up to 10% variance on height, width, depth, length or other dimension not otherwise listed in this section; B. Type II. Variances not listed in subsection 18-5.5.030.A, above, are subject to the Type II review procedure in section 18-5.1.060. Comment: The following section updates the application requirements in 18.100.020 which simply state "The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development." The sections below are similar to the application submission requirements for a conditional use permit. 18-5.5.040 Application Submission Requirements An application for a Variance shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the city and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below: A. General Submission Requirements. Information required for Type I or Type II review, as applicable. (See sections 18-5.1.050 and 18-5.1.060). B. Plan Submittal. The plan or drawing accompanying the application shall include the following information: 1. Vicinity map; 2. North arrow and scale; 3. Depiction and names of all streets abutting the subject property; 4. Depiction of the subject property, including the dimensions of all lot lines; 5. Location and use of all buildings existing and proposed on the subject property and schematic City of Ashland 5-69 Draft 3 - November 2013 Land Use Ordinance 18-5.5 - Variances architectural elevations of all proposed structures; 6. Location of all parking areas, parking spaces, and ingress, egress and traffic circulation for the subject property; 7. Schematic landscaping plan showing area and type of landscaping proposed; 8. A topographic map of the site showing contour intervals of five feet or less; and 9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inches DBH, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders. Comment: The criteria in 18.100.020 are carried forward and edited. The highlighted sections in 1, 2 and 4 are new. The edits and addition are suggested to clarify the requirements while balancing flexibility with predictability in decision making. The new language is based on the state model code. Section B is moved from the applicability section 18-5.5.020. 18-5.5.050 Approval Criteria A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria: 1. apply elsewhere The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance; 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site; 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City; 4. That the r_,wr-g_,_,.m.r0tR_Pr_,es or r0ond-utions have not been willfully Gr purpGsely self The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant; and B. In granting a variance, the approval authority may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole. Comment: The following section carries forward ~existing ~language in 18.100.030. The current language requires fifteen days after the variance is approved to issue a building permit. This language has been changed to the "effective date of the decision" which would mean that the time frame to file an appeal has passed and the decision is final at the local level. City of Ashland 5-70 Draft 3 - November 2013 Land Use Ordinance 18-5.5 - Variances 18-5.5.060 Effect No building or zoning permit shall be issued in any case where a variance is required until 15 day until the effective date of the decision after the appeal period has passed, and then only in accordance with the terms and conditions of said approval. An appeal from the action of the approval authority shall automatically stay the issuance of the building or other permit until such appeal has been completed and the final decision of the City is issued. In the event the variance is approved, the building or zoning permit may be issued immediately thereafter, in accordance with such terms and conditions as may have been imposed on said variance. Comment. The existing code doesn't include a section on expiration or extension specifically in the chapter on~~~~~~~ variances, but instead relies on the general information in the Chapter 18.112 Enforcement (18.112.030 and 18.112.035). The section below referencing the Expiration and Extension sections in Part 18-1 is added to provide consistency throughout Part 18-5. 18-5.5.070 Expiration and Extension Variances are subject to sections 18-1.6.030 Permit Expiration and 18-1.6.040 Permit Extension. City of Ashland 5-71 Draft 3 - November 2013 Land Use Ordinance 18-5.6 - Modifications to Approved Planning Applications Chapter 18-5.6 - Modifications to Approved Planning Applications Comment: Modifications are minimally addressed in the current code under 18.108.040.A.2. Current code n requires Administrative Approval (Type 1) to modify a previous Administrative Approval, and a Planning Commission Public Hearing (Type 11) to modify a previous Planning Commission decision. The exception is amendments for tree removal or building envelopes is a Type I approval. The following new chapter is based on the state model code. The thresholds recommended below, including the recommendation that the ordinance provide for ministerial approvals for minor modifications, are changes. Sections: 18-5.6.010 Purpose 18-5.6.020 Applicability 18-5.6.030 Major Modifications 18-5.6.040 Minor Modifications 18-5.6.010 Purpose The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans. 18-5.6.020 Applicability This chapter applies when an applicant proposes to modify an approved application or condition of approval. 18-5.6.030 Major Modifications A. Authorization of Major Modifications. The approval authority and review procedure for Major Modification applications is the same as for the original project or plan approval. Any one of the following changes constitutes a Major Modification: 1. A change in land use, from a less intensive use to a more intensive use, as evidenced by parking, paved area, estimated an increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20 percent or more, provided the standards of part 18-2 and part 18-3 are met; or 2. An increase in floor area to a commercial or industrial development by 20 percent or more, or an increase in the number of dwelling units in a multifamily development, by 10 percent or more, provided the standards of Article 18-2 and Article 18-3 are met; or 3. An increase in building envelope or an increase in lot coverage by 20 percent or more, provided the standards of Article 18-2 and Article 18-3 are met; or 4. A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic if the change could cause a significant adverse impact on traffic operations or safety (i.e., requiring mitigation); or City of Ashland 5-72 Draft 3 - November 2013 Land Use Ordinance 18-5.6 - Modifications to Approved Planning Applications 5. A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20 percent or more; or 6. A change to a building elevation or floor plan that the Staff Advisor determines is not in substantial conformance with the original approval; or 7. Change to a condition of approval, or a change similar to items 1-5, above, that could have a detrimental impact on adjoining properties. The Staff Advisor shall have discretion in determining detrimental impacts triggering a major modification; or 8. Other changes similar to those in subsections 1-6, above, in scale, magnitude, or impact to adjacent properties, as determined by the Staff Advisor. B. Major Modification Applications. In requesting a Major Modification, the applicant shall submit an application form, filing fee, a letter describing the modification, and a site plan using the same plan format as in the original approval. The approval authority may require other relevant information, as necessary, in evaluating the request. C. Major Modification Approval Criteria. A Major Modification shall be approved only upon the approval authority finding that all of the following criteria are met: 1. Major Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc.; and 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be subject to other ordinance requirements, 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings. 18-5.6.040 Minor Modifications A. Authorization of Minor Modifications. 1. A Minor Modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a major modification listed in section 18-5.6.030.A. 2. The Staff Advisor through a Ministerial or Type I procedure, depending on whether the proposal involves the exercise of discretion, shall review proposals for Minor Modifications. City of Ashland 5-73 Draft 3 - November 2013 Land Use Ordinance 18-5.6 - Modifications to Approved Planning Applications B. Minor Modification Applications. In requesting a Minor Modification, the applicant shall submit an application form, filing fee, a letter describing the modification, and a site plan using the same plan format as in the original approval. The approval authority may require other relevant information, as necessary, in evaluating the request. C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met: 1. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with chapter 18-5.1; and 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements; 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. City of Ashland 5-74 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations Chapter 18-5.7 - Annexations Comment: The following carries forward 18.106 Annexations. 18-5.7.010 Purpose 18-5.7.020 Applicability and Application Submission Requirements 18-5.7.030 Review Procedure 18-5.7.040 Initiation by Council 18-5.7.050 Approval Criteria and Standards 18-5.7.060 Boundaries 18-5.7.070 Statutory Procedures Comment. The current chapter does not include sections on purpose or applicability. 18-5.7.010 Purpose This chapter contains procedures and approval criteria for the Annexation of land to provide for the orderly expansion of the City and adequate provision of public facilities services. 18-5.7.020 Applicability and Application Submission Requirements Except for annexations initiated pursuant to section 18-5.7.040, application for annexation shall include the following information: A. Consent to annexation, which is non-revocable for a period of one year from its date. B. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510. C. Boundary description and map prepared in accordance with ORS 308.225. Such description and map shall be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as required by statute subsequent to Council approval of the proposed annexation. D. Written findings addressing the criteria and standards in section 18-5.7.040. E. Written request by the property owner for a zone change. Provided, however, no written request shall be necessary if the annexation has been approved by a majority vote in an election meeting the requirements of Section 11g of Article XI of the Oregon Constitution (Ballot Measure No. 47) 18-5.7.030 Review Procedure All annexations shall be processed under the Type III procedure. 18-5.7.040 Initiation by Council The Council or Commission on its own motion may initiate a proposal for annexation. The approval City of Ashland 5-75 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations criteria and standards in section 18-5.7.030 shall apply. Provided, however, that in the case of annexation pursuant to section 18-5.7.030.4 (current or probable public health hazard due to lack of full City sanitary sewer or water services) or section 18-5.7.030.6 (the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits), the approval standards in subsections 18-5.7.030.E, F and G shall not apply. 18-5.7.050 Approval Criteria and Standards An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be City of Ashland 5-76 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. Except as provided in 18-5.7.030.G.7, below, for all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): 1. The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25% of the base density as calculated using the unit equivalency values set forth herein: a. Ownership units restricted to households earning at or below 120% the area median income shall have an equivalency value of 0.75 unit. b. Ownership units restricted to households earning at or below 100% the area median income shall have an equivalency value of 1.0 unit. c. Ownership units restricted to households earning at or below 80% the area median income shall have an equivalency value of 1.25 unit. d. Ownership or rental units restricted to households earning at or below 60% the area median income shall have an equivalency value of 1.5 unit, or; 2. As alternative to providing affordable units per section 18-5.7.030.G.1 the applicant may provide Title to a sufficient amount of buildable land for development through transfer to a non-profit (IRC 501(3)(c) affordable housing developer or public corporation created under ORS 456.055 City of Ashland 5-77 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations to 456.235 for the purpose of complying with subsection 18-5.7.030.G. 1.b. a. The land to be transferred shall be located within the project meeting the standards set forth in subsections 18-5.7.030.G.4, 18-5.7.030.G.5 and 18-5.7.030.G.6. b. All needed public facilities shall be extended to the area or areas proposed for transfer. c. Prior to commencement of the project, Title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non-profit 501(C)(3) organization, or public corporation created under ORS 456.055 to 456.235. d. The land to be transferred shall be deed restricted to comply with Ashland's affordable housing program requirements. 3. The affordable units shall be comparable in bedroom mix and housing type with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable Units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the market-rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market-rate Units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 5-18.5.8-1. Table 18.5.8-1 Unit Type Minimum Required Unit Floor Area (Square Feet) - Studio 350 1 Bedroom 500 2 Bedroom 800 F3 Bedroom 1,000 4.._Bedroom 1,250...................................................................................................................................................... b. The required on-site affordable units shall be comprised of the different unit types in the same proportion as the market dwelling units within the development. 4. A development schedule shall be provided that demonstrates that that the Affordable Housing Units per subsection 18-5.7.030.G shall be developed, and made available for occupancy, as follows: a. That 50% of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50% of the market rate units. b. Prior to issuance of a building permit for the final 10% of the market rate units, the final 50% City of Ashland 5-78 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations of the affordable units shall have been issued certificates of occupancy. 5. That affordable housing units shall be distributed throughout the project 6. That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable units in any residential development shall be visually compatible with the market-rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market-rate units b. Affordable units may differ from market-rate units with regard to interior finishes and materials provided that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. 7. Exceptions to the requirements of subsections 18-5.7.030.G.2, 18-5.7.030.G.3, 18-5.7.030.G.4, and/or 18-5.7.030G.5 may be approved by the City Council upon consideration of one or more of the following: a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on- site dedication requirement of subsection 18-5.7.030.G.2, or; b. That an alternative mix of housing types not meeting the requirements of subsection 18- 5.7.030.G.3.b would accomplish additional benefits to the City consistent with this chapter, than would the development providing a proportional mix of unit types. c. That the alternative phasing proposal not meeting subsection 18-5.7.030.G.4 provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion, or; d. That the distribution of affordable units within the development not meeting subsection 18- 5.7.030.G.5 is necessary for development of an affordable housing project that provides onsite staff with supportive services or; e. That the distribution of affordable units within the development as proposed would accomplish additional benefits for the city, consistent with the purposes of this chapter, than would development meeting the distribution requirement of subsection 18-5.7.030.G.5, or; f. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per subsection 18-5.7.030.G.6, are necessary due to local, State, or Federal Affordable Housing standards or financing limitations; 8. The total number of affordable units described in this section 18-5.7.030.G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than sixty (60) years. Properties providing affordable units as part of the annexation City of Ashland 5-79 Draft 3 - November 2013 Land Use Ordinance 18-5.7 - Annexations process shall qualify for a maximum density bonus of twenty-five (25) percent. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned CM, E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 18-5.7.060 Boundaries When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly. 18-5.7.070 Statutory Procedures The applicant for the annexation shall also declare which procedure under ORS Chapter 222 the applicant proposes that the Council use, and supply evidence that the approval through this procedure is likely. City of Ashland 5-80 Draft 3 - November 2013 Land Use Ordinance 18-5.8 - Plan Amendments and Zone Changes Chapter 18-5.8 - Plan Amendments and Zone Changes z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z, Comment: The following chapter carries forward and combines 18.108.060 Type II I Procedure and 18.108.170 Legislative Amendments. The chapter has been reworked since the last draft to differentiate between the Type II quasi-judicial zone and map changes, and the broader Type III legislative changes (i.e. Zoning Map or other official map changes, Comprehensive Plan text or map amendments, land use ordinance amendments, annexations and Urban Growth Boundary amendments). In 18.108.060.C, the current code gives the Planning Commission the authority to approve zoning map amendments consistent with the comprehensive plan map or to make other minor amendments or corrections through the quasi-judicial process (Type II). In contrast, legislative actions (Type III) make law or policy, as opposed to the application of existing law to a particular case, and must be approved by the City Council and adopted by ordinance. Sections: 18-5.8.010 Purpose 18-5.8.020 Applicability and Review Procedure 18-5.8.010 Purpose This chapter contains the procedure for amending the City of Ashland Comprehensive Plan, Zoning/Land Use Control Maps, and Land Use Ordinance. 18-5.8.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: Comment: Subsection A is carried forward form 18.108.060. A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, or minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following: 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or 3. Circumstances relating to the general public welfare exist that require such an action; or 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18-5.7.040.G; or City of Ashland 5-81 Draft 3 - November 2013 Land Use Ordinance 18-5.8 - Plan Amendments and Zone Changes 5. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18-5.7.040.G. 6. The total number of affordable units described in subsections 4 or 5 shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections 4 and 5 do not apply to council initiated actions. Comment: The highlighted language in subsection B is carried forward from 18.108.170.A. B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18-5.7 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure: 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type I I procedure pursuant to subsection 18-5.8.020.A, above; 2. Comprehensive Plan changes, including text and map changes or changes to other official maps; 3. Land Use Ordinance amendments; and 4. Urban Growth Boundary amendments. City of Ashland 5-82 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims Comment: The following chapter carries forward 18.100 with no changes. Chapter 18-5.9 - Ballot Measure 49 Claims Sections 18-5.9.010 Purpose and Scope 18-5.9.020 Definitions 18-5.9.030 Measure 49: Delegation of Authority to City Administrator 18-5.9.040 Measure 49: Claim for Compensation 18-5.9.050 City Administrator Review and Decision 18-5.9.060 City Council Consideration and Decision 18-5.9.070 Burden of Proof and Record 18-5.9.080 Effect of Waiver 18-5.9.090 Procedural Error 18-5.9.100 Recording 18-5.9.110 Reconsideration of Waiver 18-5.9.120 Appeals 18-5.8.010 Purpose and Scope A. ORS 197.352(5) authorizes local government to establish procedures governing new claims under Section 12 to 14 of Ballot Measure 49 (2007). These provisions are in addition to and not in lieu of the requirements of Ballot Measure 49. B. As it relates to City claims, Ballot Measure 49 permits compensation claims only when a non- exempt City land development regulation, enacted after January 1, 2007, restricts the residential use of private real property zoned for primarily single family residential use and it can be demonstrated in a qualified appraisal that the restriction reduces fair market value. 18-5.9.020 Definitions For the purposes of this Chapter, and the evaluation, assessment and processing of Measure 49 claims, the following mean: A. "Ballot Measure 49" means the measure enacted by the voters at the November, 2007 General Election, which amended ORS Chapter 197. B. "Claim" means a written demand for compensation filed under Section 12 to 14 of Measure 49 and ORS 197.25, as in effect on and after the effective date of Measure 49 C. "Claimant" means the person who has filed a claim. The claimant must be a current owner of the property that is the subject of the claim. D. "City Administrator": the City Administrator of the City of Ashland, or the City Administrator's designee. City of Ashland 5-83 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims E. "Fair market value" is the amount of money, in cash, that the property would bring if the property was offered for sale by a person who desires to sell the property but is not obligated to sell the property, and if the property was bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of property, with all of the property's adaptations to general and special purposes. The fair market value of property does not include any prospective value, speculative value or possible value based upon future expenditures and improvements. F. "Interest" Is the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period. G. "Land Use Regulation" means a provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use. H. "Property" means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe or a public body, as defined in ORS 192.410. 1. "Reduction in fair market value" means the difference, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest. J. "Urban growth boundary" has the meaning given that term in ORS 195.060. K. "Waive" or "Waiver" means an action or decision authorizing the claimant to use the property without application of the land use regulation(s) to the extent necessary to offset the reduction in fair market value of the property. 18-5.9.030 Measure 49: Delegation of Authority to City Administrator A. The City Administrator is delegated authority to determine the validity of, and grant non-monetary compensation for, claims filed under Section 12 to 14 of Measure 49 after June 28, 2007. The City Administrator may not authorize monetary payment for any claim, nor may the City Administrator award transferable development credits. B. The City Administrator may forward any claim to the City Council for resolution if the City Administrator determines it would be in the public interest to do so. The City Administrator shall forward a claim to the City Council for a decision if the City Administrator concludes that payment of monetary compensation or an award of transferable development credits is an appropriate remedy. 18-5.9.040 Measure 49: Claim for Compensation A. Filing. All claims shall be filed with the City Administrator in person or by U.S. mail. The filing date is the date the claim is received by the City. B. Submittal Requirements: City of Ashland 5-84 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims 1. Claimant shall file a fully executed and completed Measure 49 claim form provided by the City Community Development Department including: a. The name and address of each owner and the date (supported by evidence) when the property was acquired. b. The address, if any, tax lot number, township, range and section of the property that is the subject of the claim; c. A specific statement of the person' s desired use of the property for residential use; d. A specific reference ( or citation) to each land use regulation enacted after January 1, 2007 that is alleged to restrict the person' s desired use of the property and when the land use regulations were enacted (the reference must be specific enough to permit the City to identify the precise regulation); e. The amount of reduction in fair market value (supported by evidence) alleged for each regulation at issue plus interest; f. Whether a previous permit was issued for development of the property including a description of the use and case file number; g. Whether a claim was filed for the subject property with the state or any other government; and h. Any other information reasonably related to the review and processing of the claim as required by the Director of Community Development or as provided on the Measure 49 claim form. 2. Claimant shall also provide: a. Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant's acquisition date and described exceptions and encumbrances to title that are of record; b. The written consent of all of the owners if there is more than one owner; c. A qualifying appraisal (consistent with Section 12 (2) of the Measure) showing the fair market value of the property one year before the enactment of each land use regulation and the fair market value of the property one year after the enactment. The actual and reasonable cost of preparing the claim, evidenced by receipts, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under this subsection. The appraisal must: (1) be prepared by a person certified under ORS chapter 674 or a person registered under ORS chapter 308; (2) comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (3) expressly determine the highest and best use of the property at the time the land use regulation was enacted; and d. A claim review fee to cover the actual and reasonable cost of reviewing the claim, of seven City of Ashland 5-85 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims hundred fifty dollars ($750) or such other claim(s) review fee as set by Resolution of the City Council. 3. Only one claim for each property may be filed for each land use regulation. C. Claim Review Process. The city shall: 1. Deny a claim if: a. It is not filed within five (5) years from the date the land use regulation was enacted; b. An application for a comprehensive plan or zoning amendment is approved for the subject property; c. An application to include the property within the UGB is approved; or d. A petition to annex the property is approved by the city. 2. Determine whether a claim is complete within sixty (60) days after receiving the claim; 3. Notify the claimant of any missing information within sixty (60) days after receiving the claim; 4. After providing notice of missing information, deem the application complete if: a. The claimant provides the missing information and the required fee; or b. The claimant provides written statement that some or all of the missing information will not be provided and the required fee. 5. Deem the application complete if the city fails to notify the claimant of missing information within sixty (60) days after receiving the claim; 6. Deem the application withdrawn if the claimant fails to provide the missing information, fee or a written statement that some or all of the information will not be provided within the time specified in the notice of missing information; and 7. Issue a final determination on a claim within 180 days from the date the claim is deemed complete. 18-5.9.050 City Administrator Review and Decision A. Claims Review Pprocess. Upon receipt of a filing, the City Administrator shall follow the claims review process under section 18-5.9.020. B. Review Criteria. The City Administrator shall determine whether to approve or deny the claim based upon the criteria and standards in Ballot Measure 49 and based upon a demonstration by the owner that: 1. A city land use regulation enacted after January 1, 2007 and after the property was acquired by the owner(s) restricts the owner' s desired residential use of the property; 2. The city land use regulation has the effect of reducing the fair market value of the property; 3. The highest and best use of the property at the time the property was acquired is the owner' s City of Ashland 5-86 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims desired use of the property; 4. The land use regulation is not an exempt land use regulation under the terms of Ballot Measure 49; 5. The time limitations for filing a claim, as specified in Ballot Measure 49, have not been exceeded; and 6. All other requirements of law, including Measure 49 requirements not specifically stated herein, have been met. C. Acquisition Date. The date the property was acquired is: 1. The date the claimant became the owner of the property as shown in the deed records of Jackson County; 2. If there is more than claimant for the same property under the same claim and the claimants have different acquisition dated, the acquisition date is the earliest of those dated; 3. If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant's acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later. A claimant or a surviving spouse may disclaim relief by using the procedure provided in ORS 105.623 to 105.649; and 4. If a claimant conveyed the property to another person and reacquired the property, whether by foreclosure or otherwise, the claimant's acquisition date is the date the claimant reacquired ownership of the property. D. A default judgment entered after December 2, 2004, does not alter a claimant' s acquisition date unless the claimant's acquisition date is after December 2, 2004. E. Notice of Opportunity to Comment of Staff Report. If a claim is deemed complete and is not rejected, the City Administrator shall draft a staff report. No less than thirty days (30) notice of an opportunity to submit written comments on the staff report shall be sent to: 1. The claimant or representative and all owners of the subject property known to the City; 2. All property owners of record within one hundred (100) feet of the subject property. 3. Any formally recognized City neighborhood association in which the subject property is located; 4. The Department of Land conservation and Development; 5. Any special district or school district in which the property is located or which has requested notice; 6. Jackson County; and F. The notice shall contain: 1. The address, if any , tax lot number, township range and section of the property that is the subject of the claim and the date when the property was acquired; 2. A statement of the claim, including the owner's desired use of the property for residential use; City of Ashland 5-87 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims 3. A summary of the staff report including the number of dwellings, lots or parcels as well as the specific regulations alleged to restrict the use of the property; 4. A statement that the claim, staff report and any information submitted is available at the Ashland Community Development Department, 51 Winburn Way, Ashland, Oregon 97520, for inspection or copying at cost and the phone number of a City staff contact; 5. A statement that all persons may submit written comments, evidence and arguments within the comment period which shall end on a date certain as specified in the notice (not less than thirty (30) days from the date the notice is mailed); 6. A statement that judicial review of the final determination on the claim is limited to the written evidence and arguments submitted to the city while the record is open; 7. A statement that prior to the end of the comment period the claimant may request an additional seven (7) days to respond to new evidence or to submit final arguments 8. A statement that judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond; and 9. Any other information as deemed necessary by the City Administrator. G. The City Administrator shall consider comments actually received by the conclusion of the comment period and such other information as the City Administrator deems relevant and material. Any request by claimant to respond to new evidence or to submit final arguments must be submitted before the close of the written comment period as provided in the notice. The claimant shall receive seven days to submit such evidence or argument. H. Final Waiver or Rejection of Claim. A decision to issue a waiver or reject a claim shall be reduced in writing and signed by the City Administrator. The City Administrator may waive some regulations identified in the claim and deny waiver of others. The City Administrator may not waive regulations that are not specified in the claim. The City Administrator may impose reasonable conditions on the waiver to protect the public interest. 1. Notice of Final Waiver or Rejection of a Claim. The City Administrator shall send notice and a copy of the decision to the claimant. Notice of the final decision shall also be sent to anyone who submitted any written evidence or arguments prior to the close of the comment period and to all persons entitled to notice of the comment period. The notice shall contain a brief description of the waiver, if any, including a listing of all regulations that the City Administrator has decided to not apply and the specific number of dwellings, lots or parcels authorized by the waiver. The notice also shall state that a claim has been, or may need to be, filed with the State, or other entity, if the City Administrator thinks that a state or other governmental regulation is implicated. J. The City Administrator may forward a claim to the City Council for a public hearing and decision in accordance with section 18-5.9.035 and this section. The City Administrator shall consider such factors as: the amount of compensation at issue; the nature of the proposed use or development, if any; and the impact of the proposed use or development. The decision of the City Administrator to forward the claim to the City Council is final and not subject to appeal. The City Council, however, may summarily and without notice or hearing elect to return the claim to the City Administrator for a City of Ashland 5-88 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims decision. 18-5.9.060 City Council Consideration and Decision A. Claim Processing. All claims transferred by the City Administrator to the City Council shall be processed by the City Administrator consistent with the claims review process provided under this Chapter. The City Council shall issue a final decision after providing notice and a hearing within 180 days from the date the claim in deemed complete. B. Notice and Hearing. The decision of the City Council shall be made after a public hearing conducted in accordance with such procedures as the City Council may adopt. At least thirty (30) days written notice shall be provided of the public hearing and include such information as is set forth in section 18-5.9.030, providing all required notices above are modified to include reference to the public hearing date rather than the comment period. A staff report will be available at least fourteen (14) calendar days prior to the hearing addressing: 1. Whether the claim filed is complete; and 2. A recommendation as to whether and how much to pay in compensation, or, in lieu thereof, a recommendation on an award of transferable development credits, or a recommendation regarding the number of dwellings and lots that may be approved and the land regulation(s) that should be waived. C. Final Decision. The City Council may reject the claim, pay compensation, award transferable development credits, issue a waiver or approve any combination of such remedies. The decision shall otherwise be decided based on the same review criteria applicable to a decision issued by the City Administrator under section 18-5.9.030. The City Council may waive some regulations specified in the claim and deny waiver of others. The City Council is not limited to those regulations listed in the claim and may impose any conditions of approval that it deems reasonable and appropriate to protect the public interest. Notice of the City Council's final decision shall be mailed to any person entitled to notice of the hearing or that appeared orally or in writing at the public hearing. 18-5.9.070 Burden of Proof and Record The claimant shall have the burden of proof on all matters under this Chapter. The claimant bears sole responsibility for ensuring that the record before the City contains all information and evidence necessary to support the claim. The claimant shall be precluded from submitting information or raising new issues in any subsequent proceeding. 18-5.9.080 Effect of Waiver A. A decision to waive a land use regulation shall in no way impact any obligation to demonstrate compliance with any regulations not expressly provided for in the decision or to obtain any required approvals or permits. B. A use authorized by a waiver has the legal status of a lawful nonconforming use in the same manner as provided under ORS 215.130. The claimant may carry out a use authorized by a public City of Ashland 5-89 Draft 3 - November 2013 Land Use Ordinance 18-5.9 - Ballot Measure 49 Claims entity under this section except that a public entity may waive only land use regulations that were enacted by the public entity. When a use authorized by this section is lawfully established, the use may be continued lawfully in the same manner as provided by ORS 215.130. 18-5.9.090 Procedural Error No procedural defect in processing a claim shall invalidate any proceeding or decision unless the party alleging the error demonstrates prejudice to a substantial right. Inadvertent failure to provide notice or complete notice shall not be grounds for invalidating a decision. 18-5.9.100 Recording The City shall record a memorandum of the final waiver in the deed records for Jackson County, Oregon. 18-5.9.110 Reconsideration of Waiver The City Council or City Administrator may, at its sole discretion, reconsider a decision on a claim if it appears that the decision is inconsistent with a subsequent court ruling; administrative rule or other change in the law relative to Measure 49. The decision to reconsider may be made without notice or hearing; but, the decision on reconsideration shall be made only after notice and opportunity to be heard consistent with the requirements for claim review provided under this Chapter for City Administrator and City Council review whichever is applicable. At the conclusion of the process, the City Council or City Administrator may affirm, modify, or revoke the earlier decision. If the City Council modifies or revokes a decision that resulted in payment of compensation, the City Council shall specify the amount due from the claimant and the City may institute an action for recovery. If the City Council or City Administrator modifies or revokes a decision to modify, remove, or not apply a land use regulation, it shall issue an order setting forth such remedy as it deems appropriate to protect the public interest. 18-5.9.120 Appeals A. A person that is adversely affected by a final determination of under this Chapter may obtain judicial review of that determination under ORS 34.010 to 34.100. A person is adversely affected if the person is: 1. An owner of the property that is the subject of the final determination or; 2. A person who timely submitted written evidence, arguments or comments. B. Judicial review of a decision under this Chapter is: 1. Limited to evidence in the record at the time of the final determination; and 2. Available only for issues raised with sufficient specificity to afford an opportunity to respond. 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Q c o O c a) U- 0 Y -O o w o 4- - "a to to \ to O u -6 m O to 4- 4- 4- 4- m 0 O = a) 4- cB C > u t6 CL :A " Q i 4- w o Q m 0 m 3 W 4- " a) C m c, Q- O a) 11 Q a) E c i Z a) m O 6 i a) ri c E m O a) Q c Q a) t a) O+ X m O Q w to O u m. w > 4- U m -r- E c O 4, m u Q v to Q to a m 00 `t' Ln Itt cc Q m co a) O O O O Ln C14 Ln Lo O -6 O O -6 0 O V a) d c ~ a) d c o tr- Ln c-t Ln 4- -1 -E 6 5R °rii L U °r-i °rii L U °ri° O O w d-+ 0 d••+ d-+ ao m v > m c O E I tJ O Q a- m a) c i Q 4+ a) ~O m o to m O O c O t6 O O O Q a•+ > ci Q Z 4- 0" O O Q 0 O O V U m ri u U x m LO 4- O 'i O m 10 } N > to O 2 Y 'p U : - U -p c-I E ate) v a) O a) to v - ao C m o tO a) 4- 00 t a) ° tO 4 m 4- -a a E a-+ a) C ~ Y t O L U vt C L 4- O O i N O O a) u E Ln > 4- a) 4- a) CL '0 O .0 C a) to m O O to a) N O m 'O 4- 4- CL o 4- E 4- 1~0 C> LO > O E •L N •O U V U U i u 0 -0 w E o 4- E a) to a) -r 5- 4, O L C U O a) U C W O ) a) U a) a) 4 a) Q Q U L CL Q C u C O > a) a) C o a) O o Q t to t m Q C u u O a m m m E> a) L C- CL O > m o C 4- CL > J> 40- a) Z Q m rt N m d' 0 a _ Q t L O m m a) L v~ "a 4_ d-+ C 4 >O m Q C a) C O 4- O C 'a cB O a) C L 7 .U O m n m O Q L C a) a) Q Q Q U L C LA -0 to 0 M 4 4- 3 E 3 U L a) c> o' r C t o O a) i U a= + + Q Q N a) a) "a to O 4 a) a) O O O m m O O m _Q N t 6 > m O O a) O + a) a) E > u O = L . C M a) Q t O O t! O d-4- 4- U O V O O a- Ln to O T O m 4- -O L 7 o > O L O C a) i O L Y a) Q O C O v> E a) tr- a) L a) m L _ O d N C Q m O L a) > •E O a) -0 cL t C C Q U -p C Q Z -Z a) X _0 CL CL to a) O a) Q •y O U a) Q+ Q 'v m CO c O U I- U-0 Q > a) Q U Ln 'O U p Ln 4- a) t 4- Q U a) c a) L X 'L E to m m -a m C Q W U-i N m C O 4, m _u Q a) Q u Q Ln L l ' LL O O O O O C O v L'I O C5 C o ~ ~ -1 Ln 4- W 00 00 W O0 T L bOA - m C a) 4- V C E Y O a) a~ m > U O Q Q C Q Q a) m O m u U Q C C a~ m E m O m O m V > v> > x m to a) c > a) a) m to u Q a) .2 Y 6 to 4+ 4- Ln C c-1 .2 LA 4- -1 W vOi u O > O N a) 4- 0 4- -r Ln Q 4 O Q a) OL a- a) m Q 0 C: O O a) OA + + - -O u to Q p C ' O N-0 a) a) •C O O Q L L C 0_70 E a) o .!R c: -0 00 4- 4- 4- 0 m Q -O S 0--a C Q a) Y a) 4- 4- 0 C 7 C a) - a) 0 L N C a) a) N _ m C ~ u O~ + O > O C i C -r- E C vi 7 7 C 6 O O C M O to v~ C Q 'a O E U O O O C C O L 4- Q Q) U+ C m 4- . Q r- a) a) O U t 4- ~ 4- a) " ~ O C a) C m O Q u a) +c' m E 4- 0 m c 4- C 0 m Q u O CL 0 a) u -r- E O t- L E Q ~ a) a) a, y 4- O 6 6 U m O ?f m U C Q L N> m aj C0 a) Q> O N to E vii L +m 6 O O O Q C 6 L O O amp co U O u Q a) a) C O u I- a) m E Q E m in u Q Ln O u L > CL u -O a) m a a) a) Q a) c~ o o > < 6 m 4- -O Q u E Q • • • I- Q O L CL m Q 4_ 4- O U ~ ~ C 'a 0 d-+ _ L L m of a) LA 'a U O> L O C u- a) -O a) = u O O a) W > CL a) 0 M C: a) m bA a) to m _-0 6 C 4- u u CL CL > O = m > O C O L Y to L Q m O m O C 0 4- d N C O m O C~ O_ m 6 X :6 C 3 W a m O E - a) Q 6 7 t- L E CL 07 a) Q -6 O O _Q 4- Q O Q Q C: Q. O v .n ?i O m U I- m E Q .O C O 4, m _u Q a) Q v Q Ln L 00 a~ N ri ~ Q O O V O C to -6 ~ to c ~ O tr- Ln ci 4- Ln - -1 _ Ln C 00 •X 00 C 00 •X 00 C 00 ci W ci ci W ci ci T L O to t a) Y E ~ V m O Y to CL CL a) C O O C Y Q N O C c 4- Ln O C U U m m Q a o X a~ m E L a) .a C L O Q C m a) CL V > Q m Q x m Il L 4 m 1Q Q Y N N E O O O N V O O E t Q N t t W ti d-+ ci 2~ .O N a-+ O O N L N O p N N O 4 i N 7 7 Q t O O 07 Q L ~ N -O m L Q Q O O C m m 0 0 X 0 O CL a) L i i U N N > d N O .v > u o o 'v CL O Q Q Q ~ L M m H u U = O a-+ a N 3 W N N C O 4, m _u Q N Q u Q Ln L l ' LL O V to d- Q X w Z T O bA N V C N C N Q N O V 18-2.4,070,A Vision Cearance Area in R-Zones Edge of Roadway 25'- Curb Proper tj Linc 5 r Property Line I ~ Edge of Road,. a>, 10' Curb Property dine d U I I nl w _ -j u 2 18-4.3,060.A On-Stree[ Parking CreeiL Paralle, Parking Diagonal Parking I f ~ I I I No Parr I Within 20' of z Co-re ~ Subject Lol 20 Subject lot - J Q i ' 12'j-1 No Park ng 20" - 22' will 'in 20' -4 or a Corner Note: C,irn space rn;ast be cont'guous -o the lot containing Ire use that req,aires the parking. 18-4.3.080.B.4 Parking Areas with 50 Spaces or More >5` Raised i :iewa. :vylth ,6 :Curb.. . 1>57 HTI fl- ® ADA Crosswalk FAtOG.ra de Cl= Raised 5 Ramp alk Cr osswalk Trees in Planters * ® Pedestrian-O d Lighting k. . 1 L . 18-4.3.080.B.5 Parking Design to Reduce Environmental Impacts Carport Tree canopy .I { + } I Porous pavemen olored concrete I Parking lot bioswale } 18-4.3,080 Parking Area Design 9T g 16' Standard Compact car space car only spaces Note: Up to 50% of the total of all parking spaces in parking lot may be designated for compact cars, 18-4.3.0$0.0 Driveway Approach Separation from Street Intersection. Avenue & Neighborhood Collector tt-ttfffttffff bit. ©o Commercial I' 75' Between 50, Neighborhood I~pdveways from Collector Street Intersection Note: For boulevard streets, distance from intersection is 100' and distance between driveways is 100'. 18-4.3.080.C Driveway Approach Separation from Street Intersection, Residential Street j I from Residential eiween Intersection Street Drivewa w *24' between driveways for 2 units or fewer per lot Note: 50' between driveways for 3 or more units per lot 18-4.3.090.A Pedestrian Access and Circulation Walkways Connect to All Existing and Planned Parts of the Development tee . F, __j LL_ f _ds in . ® Elevated At Grade Pedestrian Pedestrian Crossing Crossing PI dr { Ise 0 --Continuo al S stem L 7 rig iId n . . All Primary Building Entrances Accessible From Walkway System Q Ptb~ic Sidgma4ks co us P}a tirig 5...P 18-4.3.090.B Pedestrian Access and Circulation All Primary Building Entrances Accessible From Walkway System ADA Ramp At Grade L Accessible Parking Spots L Have Direct Access to or Raised Walkway System Pedestrian Crossing Contrasting Paving Materials at Crosswalk, Ex. Tinted Concrete Planter N= cji Islands Bre Up. Parkin R - 4~1 I ~ ~ X r -1 w.~... t X - ~ _ I{/ ! 1, 1 - I I _ _ J_ i / ~ - 7 ti l ~ ~l 1 Y ~ ~ ~ T ~ I' t U ~ ~ O ~ 1'~ rt 1 rt rt j 'e ;~f ; c~ E- ~ P tl _i I: , . P oci1 PL~,-~,~ ~ I SI I I f I W z r F f s-. ,l i . _ _ - 1 ` ~ = ~ ~ al zl. 1 - 1 I - I _ ~ I #1 I 31 m 1 ~ I r I l10 - I Z _ 1 CJ~ ^J ~ I 1 ~ I I l~ ~J 71: 00 - ~ - :7 ~ ~ y ~ F 9 L O - _ _ ~ ~ ,i < i 3 c S~ W:r i -~J~ L. t .e ~ 1 li - it C r ~ , Fy ~ i ~y m ~w 'I~ ~ 5v; ( oPUCt I lit' t A i - - i „A - - `x LU r w Front and Sick Lot Lincs ► Lot Lot - Lot r 5treet i i lot Lot Lot Front lot line Side lot line i L r= r' Y--~ i. n 0-1