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HomeMy WebLinkAbout2013-12-10 Planning PACKET Note: Anyyone wishing too speak at any Planning Commission meetinng is encourageed to do so. If you wish to sppeak, please risee and, after youu have been reecognized by thhe Chair, give yyour name and complete address for the reccord. You will then be allowed to speak. Pleaase note that thhe public testimmony may be limited by the CChair and normaally is not allowed after the Pubblic Hearing is cclosed. AASHLAND PLLANNING COOMMISSION REGUULAR MEETING DECEEMBER 10, 20013 AGENDA I. CALL TO ORDER: 7:00 PM, Ciivic Center Coouncil Chambbers, 1175 E. Main Street II.. ANNOOUNCEMENTTS IIII. CONSSENT AGENDDA A. Appproval of Minutes 1.November 12, 2013 Reggular Meeting. IVV. PUBLIC FORUM V. UNFINNISHED BUSINESS A. Appproval of Findings for PPA-2013-015005, 31 North Mountain. VI. TYPE II PUBLIC HEARING A. PLLANNING ACCTION: #20133-01506 SUUBJECT PROOPERTY: North Mountainn & Fair Oakss Avenues OWWNERS: Ayaala Properties, L.L.C./Scoott Lissbergeer Revocablee Trust (Scottt Lissbergerr, Trustee) APPPLICANT: AAyala Properrties, L.L.C. DEESCRIPTIONN: A request ffor a Modificcation of Plannning Actionn #2013-806, a Site Revieww Permit appproved by thhe Planning Commissionn in August, which allowed for the coonstruction oof a grrouping of three-story mixed use builldings consissting of fourr commerciall spaces andd ten paarking spaces on the ground floor annd ten residential units onn the secondd and third floors for thee vacant parrcel (Tax Lot #700) at the corner of Noorth Mountaiin and Fair OOaks Avenuees. The Auugust approvval also incluuded a Tree RRemoval Perrmit to removve seven Sibberian Elm trrees in the addjacent alley,, and a requeest for a Moddification of tthe original MMeadowbroook Park II Subbdivision appproval to addjust the nummber of residdential units aallocated bettween the foour subject pparcels to alllow a total off 40 dwellingg units, wherre only ten unnits had prevviously beenn proposed, bbased on thee permitted ddensities witthin the NM-CC district. The modificattions requested here invoolve: 1) claarification off the proposaal’s density aallocations,pparking mannagement, annd number off grroundfloor coommercial sppaces betweeen the subjeect properties; 2) an increease in the nnumber of uppper floor ressidential unitts on Tax Loot #700 from tten to 14; annd 3) modificcations to thee proposed buuilding design for Tax Loot #700. COMMPREHENSIVVE PLAN DESSIGNATION: North Mounntain, Neeighborhoodd Central Oveerlay; ZONING: NM-C; ASSESSOR’S MAP: 39 1E 04AD TAX LLOTS: 700, 8000, 1400, 1500 and 5900. Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104 ADDA Title 1). Note: Anyyone wishing too speak at any Planning Commission meetinng is encourageed to do so. If you wish to sppeak, please risee and, after youu have been reecognized by thhe Chair, give yyour name and complete address for the reccord. You will then be allowed to speak. Pleaase note that thhe public testimmony may be limited by the CChair and normaally is not allowed after the Pubblic Hearing is cclosed. VII. DISCUUSSION ITEMMS A. Unnified Land UUse Ordinancce: Part 1 - SSection 18-4 Site Developpment and Design Standaards. B. Prreliminary Discussion of Short Term Rentals of OOwner Occuppied Units in the Single FFamily Zoone. (Time Peermitting) VIII. ADJOURNMENT Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104 ADDA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES November 12, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Richard Kaplan Amy Gunter, Assistant Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Tracy Peddicord Absent Members: Council Liaison: None Mike Morris, absent ANNOUCEMENTS Commissioner Brown stated he will be absent for the November 26, 2013 Study Session. Community Development Director Bill Molnar informed the Commission of the Council’s decision to reconsider short term home rentals in single family zones for units that are owner occupied. He stated the Council has directed the Planning Commission to provide a recommendation and discussion on this item will likely begin in December. CONSENT AGENDA A. Approval of Minutes. 1. October 8, 2013 Regular Meeting. 2. October 22, 2013 Study Session. Commissioner Peddicord requested a modification to the October 8 minutes. She stated the statement “Commissioner Peddicord shared her experience with submitting wetland delineations to the state” is incorrect and clarified she has done delineation training, but does not regularly submit them to the state. Commissioners Dawkins/Peddicord m/s to approve the Consent Agenda with the clarification to the October 8, 2013 minutes. Voice Vote: all AYES. Motion passed 5-0. \[Commissioner Miller abstained from vote\] PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. PLANNING ACTION: 2013-01505 SUBJECT PROPERTY: 31 North Mountain Avenue APPLICANT: Ayala Properties, LLC DESCRIPTION: A request for Site Review and Outline Plan approval under the Performance Standards Options Chapter 18.88 for a13 unit, 14 lot multi-family development for the property located at 31 N. Mountain Ave. A Tree Removal Permit is requested to remove 11 trees greater than six-inches in diameter at breast height on the site. The existing building has been previously approved for demolition pending approval of a replacement plan. Ashland Planning Commission November 12, 2013 Page 1 of 6 COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R-3; ASSESSOR’S MAP #: 39 1E 09 AD; TAX LOT: 700. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Miller, Dawkins, Kaplan, Mindlin and Peddicord reported site visits. Commissioner Dawkins stated an acquaintance of his owns property at the corner of Emerick and East Main Street and that person commented to him that he has an issue with the alley and hopes when it is repaved the drainage issues are addressed. Commissioner Dawkins also reported that he observed the curb cuts while on his site visit. Staff Report Assistant Planner Amy Gunter explained the application before them is a request for Site Review and Outline Plan approval for a 13-unit multi-family development for the property at 31 North Mountain Avenue. She added a Tree Removal Permit is requested to remove 11 trees on the site, and the existing building has been approved for demolition pending approval of a replacement plan. Ms. Gunter provided an overview of the location and site plan details. She explained the property is located in the R-3 high density multi-family residential zone and the proposed units will be two-story townhomes grouped in three separate buildings. She stated each unit will have an attached garage and the applicants have proposed an “L” shaped driveway to access the interior of the site. Ms. Gunter reviewed the architectural details of the proposed buildings and pointed out at final plan approval the applicants will need to demonstrate compliance with solar access requirements. She noted a condition to this effect may need to be added. Ms. Gunter addressed the setbacks along North Mountain Avenue and stated the front yard setback is proposed to be the width of the public utility easement. She stated at this point the public utility easement is fluctuating and therefore the exact width of the setback will need to be addressed at final plan as well. Ms. Gunter explained staff has raised concern with the common area amenities, open space, and landscaping. Specifically, the outline plan does not demonstrate what common area amenities will be provided to encourage use of that space. She clarified staff has recommended a condition to address this that would require verification of compliance of these standards at final plan. Questions for Staff Ms. Gunter clarified the lot coverage standards for the Commission. She explained the applicant’s plans show they are at 73.5% lot coverage; with 5.9% open space and common area, and 11.6% recreation area. Mr. Molnar added if the applicants cannot satisfy the requirements for lot coverage at final plan, the changes would likely be significant enough that this entire proposal would need to come back before the Commission. Staff was asked to address why there is no common trash receptacle for the units. Ms. Gunter clarified there is no City requirement for a common receptacle, only that it be screened if one is provided. Staff was asked to address traffic circulation and fire truck access. Mr. Molnar explained there are a number of surface spaces where a vehicle could turn around along the interior “L” shaped driveway. He stated the assumption is that not all of those spaces will have a vehicle parked in them, but the Commission is free to bring this up with the applicant if this is a concern. Regarding fire apparatus access, Mr. Molnar explained the Fire Department was involved in this proposal in its early stages and they looked at where they would stage their truck to fight a potential structure fire. In this case they determined North Mountain Avenue and the improved alley would be their primary means of fire access. He stated North Mountain Avenue clearly meets their needs and the alley will provide for 20 ft. of clear width and the surfacing will be able to support 44,000 lbs. of fire equipment. He stated this in combination with the fire sprinklers in the back building meets the Fire Department’s standards and the requirements of the Oregon Fire Code. Staff was asked to address the setback issue. Ms. Gunter explained the public utility easement is in flux right now, but the width of the public utility easement is likely 8 ft and the applicants have worked under this assumption. Mr. Molnar explained the applicants are proposing a standard residential setback and are not requesting the 5 ft. setback outlined in the Pedestrian Places Overlay Zone. He added the intent of Pedestrian Places was for ground floor commercial to be as close as possible to the property line, and was not intended to apply to a project with 100% residential. He added the application is consistent with the requirements of pedestrian places, which states the setback shall be 5 ft. or the width of the public utility easement. Ashland Planning Commission November 12, 2013 Page 2 of 6 Staff commented on the alley improvements and stated the applicants are responsible for the alley for the full length of their property, and noted the Public Works Department will likely complete the Emerick connection. Concern was raised about the alley access for these homes and it was questioned whether a traffic study was completed. Ms. Gunter clarified a project this size does not trigger a traffic study requirement; however one was completed back in 2006 when a similar proposal came forward for 11 units and it was shown at that time to not be an issue. Ms. Gunter outlined staff’s suggested modifications to the conditions of approval as follows: Add condition requiring the applicants demonstrate compliance with the solar setback requirements for buildings two and three. Delete last sentence from Condition #7 which states: “The alley shall be improved to 15 ft. in width from N. Mountain Ave. to the applicant’s property line.” Add condition regarding fire apparatus access for a rolled curb along the landscape bays in the alley, for steppable vegetation, and basic conditions regarding addressing on both sides of the structure. Staff was asked to comment on Condition #10, which requires common area and open space improvements be installed halfway through the project. Mr. Molnar clarified if the applicants intend to construct these buildings in phases, this requirement ensures that these improvements are built and not postponed. Suggestion was made for the condition to be clear that this is asking for the landscaping to be provided for units that are already completed. Applicant’s Presentation Mark Knox/Urban Development Services/495 West Nevada/Stated this application does not propose any exceptions and meets all City requirements. Mr. Knox addressed the concerns raised by the Commission and explained: 1) They are at 73.5% lot coverage which leaves a total of 8,127 sq.ft. for the common areas and 417 sq.ft. to play with. 2) They meet the solar access requirements and Sheet A-8 provides the cross-sections of the solar shadow planes. 3) Regarding trash receptacles and pickup, buildings one and two will place their cans on the curb or in front of their garage, and residents of building three will bring their cans next to the mailbox area. He stated they have already discussed this with Ashland Recology and they have not raised any concerns. 4) Fire apparatus access will be met via North Mountain Avenue and the alley; building three is 170 ft. away from the alley and the maximum distance is 150 ft., which is why sprinklers will be installed. 5) Regarding the setbacks, the Public Works Department has indicated a 5-8 ft. public utility easement for this area which is why they have designed this with an 8 ft. setback. Mr. Knox indicated they held a neighborhood meeting and the surrounding neighbors were supportive of this development, however they did raise concern with the construction activities. He also noted the City has been discussing a major capital improvement project that will extend the stormwater line through this alley and they intend to work with the Public Works Department and provide this property for storage of materials and vehicles and would like to coordinate their alley improvements with that project. Mr. Knox commented on the central courtyard element and believes this meets the intent and suggesting placing a bench in the landscaped area at the corner of the alley as a common area amenity. Regarding vehicle turnarounds, he noted they have 417 sq.ft of lot coverage to play with and suggested a notch at the top of the site could be added that would allow cars to back-up and exit the site in a forward manner. Questions for the Applicant The applicant was asked to address whether the parking could be shaded. Mr. Knox clarified the majority of the parking is enclosed in the garages. He stated the surface parking spaces on the fringe will have trees and shrubs to provide some shade coverage. Mr. Molnar commented on the solar access issue and wanted the applicants to be clear about the issue staff has raised. He stated it is clear the north property line complies with the standards, however staff’s issue is at final plan to determine the shadow of the south facing wall on building three. The applicant clarified the wall height next to the compact parking space is 18 inches, and noted there will be a light at the corner of the alley but not at the mailboxes. Alan Harper, Applicant’s Attorney, spoke to the recommended conditions of approval. Regarding condition #23, he clarified they have no issue providing the lot coverage calculations, but noted a typographical error in the wording. Ms. Gunter acknowledged this and clarified the second sentence should read “Impervious driveway and parking areas shall be counted for the purpose of Ashland Planning Commission November 12, 2013 Page 3 of 6 lot coverage calculations.” Regarding condition 10 and the timing of the common area and open space improvements, Mr. Harper stated they support this but would like to base it on occupancy. Mr. Knox clarified they are not planning a phased development and intend to pull the three building permits at the same time. Regarding condition 4, Mr. Harper asked that this be modified to better clarify what their scope of work is versus what the Public Works Department is doing. Mr. Knox commented on the alley improvements and stated the Public Works Department has indicated they will grade and pave the alley section that does not front their property, and they expect this will be resolved before this project is constructed. Mr. Harper noted the alley surface on the west end is pretty rough, and while they don’t want to waste money by improving this if the City intends to do it, they would be open to smoothing out this connection for the short term if necessary. Public Testimony Arthur Schreiber/64 North Mountain Ave/Stated he is representing the North Mountain condominium owners. Mr. Schreiber noted they provided comment when the Police Department expansion came forward and the Commission was sensitive to their concerns about construction noise. He stated he is here tonight for the same reasons, and while they support the project, they are concerned about the disruption during construction. Mr. Schreiber asked the Commission to consider placing the following restrictions on the project: 1) no construction activity before 8 am, 2) no construction activity on Saturday, and 3) not allow construction equipment to park on North Mountain Avenue. Applicant’s Rebuttal Mr. Harper asked that they be allowed to comply with City’s ordinance for work times in order for the project build to be as efficient as possible. He stated they understand the neighborhood concerns, but the corner of East Main and North Mountain is not an unusually quiet neighborhood to being with, and stated this concern is going to continue to arise with urban infill projects. Commissioner Mindlin closed the record and the public hearing at 8:45 p.m. Advice from Legal Counsel and Staff Ms. Gunter clarified the revisions to the proposed conditions as follows: Condition #10: That a phasing plan addressing Ashland Municipal Code 18.88.030.A.5d shall be provided at the time of final plan. Condition #23: Lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted for the purpose of lot coverage calculations. Condition #5: That the alley shall comply with the Oregon Fire Code for fire apparatus access and shall be paved prior to issuance of certificate of occupancy; a rolled or mountable curb shall be provided around the landscape planters adjacent to the alley; and steppable vegetation shall be used within the 5 foot portion of the landscape planters adjacent to the alley. Additionally, Condition #21 will be modified to address the solar setback between buildings two and three. Mr. Molnar commented on the public input regarding construction hours. He stated this is a difficult request and noted the City had some flexibility with the police expansion because it was their own project, and cautioned them about setting more stringent hours. Comment was made that the request for not parking on North Mountain by construction crews was valid, and the applicants were urged to be good neighbors and have their employees not park on North Mountain if possible. Deliberations & Decision Commissioners Dawkins/Peddicord m/s to approve Planning Action #2013-01505 with the clarifications to the conditions of approval as listed by staff. DISCUSSION: Commissioner Dawkins commented that this is a good project. Commissioner Peddicord stated they have met the criteria and believes the applicants have put a lot of thought into this. Commissioners Mindlin/Dawkins m/s to amend motion to include a requirement for the turnaround area suggested by the applicant in the back corner next to unit 1-B, and a requirement to smooth and pave the alley in conjunction with Ashland Planning Commission November 12, 2013 Page 4 of 6 the Public Works project. Voice Vote: Commissioners Brown, Dawkins, Kaplan, Miller, Peddicord and Mindlin, YES. Motion passed 6-0. Commissioners Brown/Mindlin m/s to amend motion to include a requirement for shading the compact parking spaces at units 5-B and 11-A-1. DISCUSSION: Commissioner Kaplan stated he is hesitant to include this as a requirement without hearing from their landscape architect, and would rather encourage the developer to shade as much as they can. Commissioner Dawkins agreed and would prefer to leave this to the project design team. He stated he would support the suggestion, but not a requirement. Commissioner Peddicord agreed with the other commissioners. Commissioner Brown withdrew the motion. Continued DISCUSSION (on main motion as amended): Commissioner Dawkins issued a suggestion to the applicants that they work as much as possible to keep vehicles on the property and off North Mountain Ave. Commissioner Miller voiced concern with the common area and stated it seems that there is very little area for people to gather; she also voiced concern with the trash issue and thought they would provide a common receptacle. Roll Call Vote: Commissioners Brown, Dawkins, Kaplan, Miller, Peddicord and Mindlin, YES. Motion passed 6-0. DISCUSSION ITEMS A.Unified Land Use Ordinance: Final Draft Review of Section 18-2, Zoning Regulations Planning Manager Maria Harris explained tonight the Commission will be reviewing Section 18-2 of the Unified Land Use Ordinance and highlighted some of the more significant changes. Duplex Provision. There are only two lots in town that can take advantage of this provision, therefore staff is suggesting an amendment to allow duplexes in corner lots in single family residential zones that are done under the performance standards option. Cottage Housing. In the single family residential zones, subdivisions done under the performance standards option could develop two cottage units in place for each single family unit. Ms. Harris provided several visual examples of cottage housing and stated the current proposal is to limit the cottage size to 800 sq.ft. Half-Story Rear Yard Setback. The proposed amendment requires a setback of 5 ft. per half story. Currently a half story is considered a full story and the 10 ft. setback applies. Building Separation/Distance Between Buildings. Amendment would establish a minimum separation between principal buildings as half the height of the tallest building, where height is measured at the two closest exterior walls and the maximum required separation is 12 ft. Comment was made asking if staff could simplify this and possibly establish a fixed number instead. Pervious Pavement Exemption from Lot Coverage. Amendment exempts 200 sq.ft. or 5% of permitted lot coverage, whichever is greater, developed in a pervious paving system that allows stormwater infiltration. Comments were made expressing concern with the overall effectiveness of this type of pavement. Statement was made that if vehicles leak oil onto the pervious pavement it stops working; and because there is different soil compaction done for parking areas, the overall permeability is questionable. Ms. Harris commented this amendment was meant to address people who want to add patios or walkways well after the home is built, and the intent is to encourage pervious pavement for this as much as possible. Suggestion was made to possibly exclude parking areas from this exemption. Side and Rear Yard Exceptions in Residential Zones – Alleys and Accessory Buildings. The proposed amendment addresses alley and accessory building setbacks. Accessory buildings and residential units that are a maximum of 15 ft. in height and not attached to any other buildings can reduce side and rear yards adjacent to an alley to 4 feet. Back- up space of 22 ft. must be provided and this provision would not apply to the primary residence. For accessory buildings not adjacent to an alley (maximum height 15 ft. and not attached to any other building), the rear and side yard setback can be reduced to 3 ft. The Commission discussed the intent of this provision. Suggestion was made to possibly establish a flat 3 ft. setback so long as 22 ft. of back-up space is provided. Commission Comments: A typographical error was noted on page 29, section 18-2.3-120.D. Ms. Harris acknowledged this and clarified the first sentence should say Type II, not Type III. Commissioner Mindlin commented on the standards related to cottage housing and shared information on the HUD affordable housing regulations. She stated she would support a larger maximum size, perhaps 1,300 sq.ft., but limit the footprint size. She Ashland Planning Commission November 12, 2013 Page 5 of 6 also voiced support for allowing one and a half stories. Staff commented that maintaining the existing neighborhood character is a big issue for the City Council and increasing the density to that extent in the R-1 zone may be concerning to them. Suggestion was made to possibly change the provision to allow one and a half cottage units (instead of two) in place for each single family unit, but allow larger units with a limited footprint. The commissioners shared their thoughts on what the maximum cottage size should be. After additional discussion the general consensus was for staff to consider limiting the footprint size and allowing one and a half stories, and to limit the density bonus to one and a half units. Commissioner Mindlin also asked for decreasing the amount of coverage allowed to provide for increased open space, and stated this would help to ensure these developments fit into the neighborhood. Ms. Harris commented that she has run the numbers on limiting coverage and does not believe this would be feasible. She clarified the way it is currently written is if open space is required, the green area must be 20% of the entire site area. ADJOURNMENT Meeting adjourned at 10:20 p.m. Ashland Planning Commission November 12, 2013 Page 6 of 6 BEFORE THE PLANNING COMMISSION December 10, 2013 IN THE MATTER OF PLANNING ACTION #2013-01505, A REQUEST FOR ) FINDINGS, OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS ) CONCLUSIONS OPTION, CHAPTER 18.88 AND SITE REVIEW APPROVAL FOR A 13-UNIT, ) AND ORDERS 14-LOT MULTI-FAMILY DEVELOPMENT A TREE REMOVAL PERMIT ) IS REQUESTED TO REMOVE NINE TREES ON SITE AND ONE IN THE ) PUBLIC RIGHT-OF-WAY. ) ) APPLICANT: ALAYA PROPERTIES, LLC ) ------------------------------------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot #1700 of Map 39 1E 09AD is located at 700 Ashland Street and is zoned R-3, High-Density Multi-Family Residential. 2) The applicants are requesting Outline Plan Approval under the Performance Standards Option, and Site Review approval to construct a 13-unit, 14-lot multi-family development including tree removal for the nine trees on-site and one in the public right-of-way for the property located at 31 N. Mountain Avenue. Site improvements are outlined on the plans on file at the Department of Community Development. The criteria for Outline Plan approval are described in AMC 18.88.030 3) a. That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. That the proposed density meets the base and bonus density standards established under this Chapter. PA #2013-01505 December 10, 2013 Page 1 g. The development complies with the Street Standards. In addition, the criteria for Site Review approval are described in AMC 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. Lastly, the criteria for a Tree Removal Permit are described in Chapter 18.61.080 as follows: B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. 4) The Planning Commission, following proper public notice, held a public hearing on November 12, 2013 at which time testimony was received and exhibits were presented. This hearing was closed. Subsequent to the closing of the hearing, the Planning Commission approved the application subject to PA #2013-01505 December 10, 2013 Page 2 conditions pertaining to the appropriate development of the site. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to develop a 14-lot, 13-unit, multi-family residential development meets all applicable criteria described in the Performance Standards Options chapter 18.88. 2.3 The Commission finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. N. Mountain Avenue is classified as an avenue (Major Collector) and will continue to operate at acceptable levels with build-out of the proposed project. Access to the site will be provided off a public alley at the south edge of the property, with the garages for five units having access from the alley and the garages for the remaining units receiving access from a an L-shaped driveway. An eight-inch sanitary sewer line will be connected to N. Mountain Ave. to serve the new residences, and an new water line will be installed to serve the site. Electric service will be installed underground to serve the existing adjacent properties and proposed residences. A new storm drainage line will be installed in either the alley way or N. Mountain Ave. and connected to the existing public storm drain system in Emerick Street. The final determination will be made at Final Plan in conjunction with the City of Ashland Public Works Department. 2.5 The Commission finds that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The surrounding area contains single- family and multi-family housing. A massage school is to the south at the intersection of N. Mountain Ave. and E. Main St. PA #2013-01505 December 10, 2013 Page 3 2.6 The Commission finds the proposed density of 13-units meets the base density standards established under the Performance Standards Options for the Multi-Family Residential (R-3) zone. The property’s R-3 zoning designation and lot area of .71 acre permit a base density of 14 units (.71 acres x 20 dwelling units per acre = 14.187 dwelling units). 2.7 The Commission finds that the with the attached condition, the open space, common area and lot coverage as required in the Ashland Municipal Code are met and will meet the standards for functional open space and common areas. 2.8 The Commission finds that the proposed sidewalk, parkrow, street trees, street light installation and alley improvements comply with the City of Ashland Street Standards. 2.9 The Commission finds that the proposed 13-unit, 14-lot development complies with the Site Design and Use Standards. The units along N. Mountain Avenue comply with the required setback of the width of the public utility easement, which the units are orientated towards the street; have a variety of window and door designs, variations to height, massing and scale which complies with the Site Design and Use Standards. The commission found that the applicant should provide a turn-around on the driveway at the back of unit 1.B to improve site circulation. The commission finds that adequate city facilities exist or can be provided to meet the requirements of the development. 2.10The Commission finds that on-site parking meets ordinance requirements through the provision of garages and surface parking spaces. Additionally, the applicant proposed a parking bay on Mountain Ave. accommodating three spaces. 2.11The Commission finds that a total of ten trees will be removed in conjunction with the project, nine on the site and one within the adjacent public right-of-way. Two Hollywood Junipers (Juniperus torulousa) located directly adjacent to the existing structure, one Cherry (Prunus spp.) tree located directly adjacent to the alley where the new units will be accessed and six Black Cottonwoods (Populus trichocarpa) sizes ranging from six-inches in diameter at breast height DBH to 16-inches DBH are proposed for removal. The Commission finds that the approval of a Tree Removal Permit requires the applicants to demonstrate that: the trees proposed for removal are in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards; the removal of the trees will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; removal of the trees will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. In addition, as a condition of approval for Tree Removal Permits, applicants are required to mitigate for the removal of each tree granted approval pursuant to the requirements of AMC 18.61.084. The Commission finds that the trees proposed for removal are within or too close to the proposed building footprints and other site improvements, that the trees would not survive the proposed development. The Commission further finds that with the required mitigation, the proposed removals will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The Commission finds that the removed trees will be adequately mitigated with the proposed landscaping. PA #2013-01505 December 10, 2013 Page 4 SECTION 3. DECISION 3.1 Based on the record, the request for an Outline Plan approval under the Performance Standards Option Chapter 18.88 and Site Review criteria for a 13-unit, 14-lot multi-family development for the property located at 31 N. Mountain Ave.The Tree Removal Permit request to remove nine trees on the site is supported by evidence contained within the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2013-01505. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2013-01505 is denied. The following are the conditions and they are attached to the approval: 1)That all proposals of the applicant are conditions of approval unless otherwise modified here. 2)That all easements for sewer, water, electric and streets shall be indicated on the final survey plat as required by the City of Ashland. 3)That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Any required private or public utility easements shall be delineated on the utility plan. 4)That the storm drainage plan including the design of off-site storm drain system improvements shall be submitted with the Final Plan application. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the Homeowners’ Association and approved by the Public Works Department and Building Division. 5)That the applicant shall submit an electric distribution plan with the Final Plan application including load calculations and locations of all primary and secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. The electric line servicing the site shall be installed underground and the existing pole on the N. Mountain Ave. frontage with adjacent services shall be relocated as required by Ashland Electric Department. 6)That the required pedestrian-scaled streetlight shall be installed at the intersection of the alley and the subject property consistent of the City of Ashland’s residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. 7)The preliminary engineering for proposed street and alley improvements shall be provided at Final Plan application. Street and alley improvements shall be consistent with City of Ashland Street Local Street Standards. The alley shall be paved to the standards of the Public Works Department and in conjunction with the Public Works Department work within the alley right- PA #2013-01505 December 10, 2013 Page 5 of-way. 8) The stamped concrete shown at the intersection of the alley and N. Mountain Avenue shall be reduced to ten feet in length. 9)That the Final Plan application shall delineate vision clearance areas at the intersections of the street and alley and the alley and driveway.Structures, fences, retaining walls, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. The site plan and building envelopes shall be modified accordingly on the Final Plan submittals. 10)That a phasing plan addressing Ashland Municipal Code 18.88.030.A.5.d shall be provided at the time of final plan. 11)That the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Landscape Plan and Tree Protection and Removal Plan. 12)That nine trees shall be planted in the common space, open space or private yard areas in accordance with 18.61.084 as mitigation for the removal of the nine trees on site. The landscaping plan provided at the time of the Final Plan application shall include and identify the mitigation trees. 13)That street trees, located one per 30 feet of street frontage, shall be installed in the parkrow along the N. Mountain Ave. as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. 14)That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the four trees on site and prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the trees to be removed and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. 15)That an irrigation plan shall be submitted for review and approval with the Final Plan application submittals. 16)That a draft copy of the CC&R’s for the Homeowners Association is provided at the time of Final Plan application. CC&R’s shall describe responsibility for the maintenance of all common area and open space improvements, driveway and parking maintenance, parkrows and street trees. The CC&R’s shall include language restricting parking to garages on site, and include language specifying parking in the driveway is prohibited. 18) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in PA #2013-01505 December 10, 2013 Page 6 substantial conformance with those approved as part of this application, an application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit. 19)That exterior building colors shall not be very bright primary or neon-type paint colors in accordance with the Multi-Family Residential Development Standards. Exterior building colors shall be specified on the Final Plan submittals. 20) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. 22)That Building 1 and Building 3 shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. The solar shadow height cast by Building 2 shall not exc eed the height of four-feet up the wall of Building 3. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 23)That the walls of the porches along N. Mountain Avenue shall be no taller than 42-inches and the porches shall meet the definition of a front porch from AMC 18.08.601 in order to have less than a 15-foot front yard setback. 24)Lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted for the purpose of lot coverage calculations. 25) That the exterior building colors and materials including window and door types shall be identified on the building permit submittals for review and approval of the Staff Advisor. 26) That exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. 27)That the alley shall comply with the Oregon Fire Code for Fire Apparatus Access requirements and shall be paved prior to issuance of the certificate of occupancy. A rolled or mountable curb around the landscape planters adjacent to the alley shall be provided. Steppable vegetation shall be used in the five-feet of landscape buffer adjacent to the alley. 28)That hanging bike racks shall be installed in the garages for each unit prior to the issuance of the certificate of occupancy. 29)That the driveway for the garage of unit 1.B shall be widened to provide a turnaround area. Planning Commission Approval Date PA #2013-01505 December 10, 2013 Page 7 Memo DATE: December 10, 2013 TO: Ashland Planning Commission FROM: Maria Harris, Planning Manager RE: Unified Land Use Ordinance (ULUO) Pre-adoption process review Part 18-1 (chapter 1-3) 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 review of the previous draft. BACKGROUND The first three chapters of Part 18-4 Site Development and Design Standards, and a matrix covering the substantive changes are attached. The remaining chapters of Part 18-4, four through ten, will be covered at the next available Planning Commission meeting. The more significant changes include a change in the building separation requirement for large scale development and exempting the fourth floor from the plaza and public space requirement. 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 review of the first draft are highlighted in yellow. Comment boxes are retained throughout the document, and include notations about changes. The Commission received a previous version of the matrix. New or revised amendments are highlighted in yellow in the matrix. ATTACHMENTS 1. Title 18 Part 4 Site Development and Design Standards (chapters 1-3) 2. Amendment Matrix for 18-4 Α PART 18-4 - SITE DEVELOPMENT AND DESIGN STANDARDS Ќ Chapter 18-4.1 Site Development and Design Standards Administration Ќ 18-4.1.010Purpose Ќ 18-4.1.020Applicability Ѝ 18-4.1.030Exceptions and Variances А Chapter 18-4.2 Building Placement, Orientation and Design А 18-4.2.010Purpose А 18-4.2.020Applicability Б 18-4.2.030Residential Development ЊЉ 18-4.2.040Non-Residential Development ЊЏ 18-4.2.050Historic District Development ЋЌ 18-4.2.060Downtown Ashland ЌЍ Chapter 18-4.3 Parking, Access, and Circulation ЌЍ 18-4.3.010Purpose ЌЍ 18-4.3.020Applicability ЌЎ 18-4.3.030General Automobile Parking Requirements and Exceptions ЌЏ 18-4.3.040Parking Ratios ЌБ 18-4.3.050Accessible Parking Spaces ЌВ 18-4.3.060Parking Management Strategies ЍЋ 18-4.3.070Bicycle Parking ЍЎ 18-4.3.080Vehicle Area Design ЎЊ 18-4.3.090Pedestrian Access and Circulation ЎЍ 18-4.3.100Construction ЎЍ 18-4.3.110Availability of Facilities Chapter 18-4.4 - Landscaping, Fences and Walls, Outdoor Lighting Chapter 18-4.5 - Public Facilities Chapter 18-4.6 - Signs Chapter 18-4.7 - Solar Access Chapter 18-4.8 - Tree Preservation and Protection Chapter 18-4.9 - Disc Antennas 9ƩƩƚƩͧ .ƚƚƉƒğƩƉ ƓƚƷ ķĻŅźƓĻķ͵ Chapter 18-4.10 - Wireless Communication Facilities City of Ashland 4-1 Draft 3 November 2013 Land Use Ordinance Part 18-4 - Site Development and Design Standards Chapters: 18-4.1 Site Development and Design Standards Administration 18-4.2 Building Placement, Orientation and Design 18-4.3 Parking, Access and Circulation 18-4.4 Landscaping, Fences and Walls, and Outdoor Lighting 18-4.5 Public Facilities 18-4.6 Signs 18-4.7 Solar Access 18-4.8 Tree Preservation and Protection 18-4.9 Disc Antennas 18-4.10 Wireless Communication Facilities City of Ashland 4-2 Draft 3 November 2013 Land Use Ordinance 18-4.1 Design Standards Administration Chapter 18-4.1 Site Development and Design Standards Administration Sections: 18-4.1.010 Purpose 18-4.1.020 Applicability 18-4.1.030 Exceptions to Design Standards Comment: The following section describes how the design standards apply to various city actions. The Site Design Review procedure is contained in 18-5 Application Procedures and Approval Criteria. 18-4.1.010 Purpose Part 4 contains design standards for development. The standards are intended to protect the public health, safety and welfare. The regulations are intended to protect public health, safety, and welfare through standards that promote land use compatibility, resource protection and livability, consistent with the goals and policies of the Ashland Comprehensive Plan. Where an applicant requests an exception to a design standard, the city reviewing authority evaluates the request against the purpose of the ordinance chapter in which the design standard is located. 18-4.1.020 Applicability Chapter 18-4 applies to permits and approvals granted under this ordinance, and other City actions, as summarized in Table 18-4.1.020. The design standards of other agencies, such as the Oregon failure to notify the applicant of such requirement shall not invalidate a permit or other action taken by the City under this ordinance. Comment: Clarification is added distinguishing the situations requiring an exception and a variance. Currently, the exception process applies to Chapter 18.72 Site Design Review and the Site Design and Use Standards (SDUS). Variances apply to all other sections of Part 18-4. The current approach is carried forward, except that staff recommends adding two of the vehicle area design standards, and the pedestrian access and circulation standards to the exception process (highlighted below). The vehicle area design and pedestrian circulation standards were part of the SDUS prior to the Pedestrian Places Project, but were carried forward to the current chapter 18.92 because they relate to parking lot layout and circulation. In the draft ULUO, the sections covered by an exception are: 18-4.2 Building, Placement, Orientation and Design 18-4.3.080.B.4 & 5 (part of Vehicle Area and Design) 18-4.3.090 Pedestrian Access and Circulation 18-4.4.030 Landscaping and Screening 18-4.4.050 Outdoor Lighting 18-4.4.9 Disc Antennas 18-4.4.10 Wireless Communication Facilities City of Ashland 4-3 Draft 3 November 2013 Land Use Ordinance 18-4.1 Design Standards Administration 18-4.1.030 Exceptions and Variances A.Applicability. The individual chapters identify the standards which are subject to the Exception and Variance processes. B.Exceptions to the Site Design and Development Standards. The city reviewing authority, in approving an application for Site Design Review, may grant exceptions to the standards contained in Part 18-4. In granting an exception, the reviewing authority must, on the basis of the application, investigation and evidence submitted, find all of the criteria in A or B, below, are met: 1. There is a demonstrable difficulty in meeting the specific requirements of the applicable Site Development and Design Standard, 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; approval of the exception is consistent with the stated purpose of the applicable chapter of Part 18-4; 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 applicable chapter of Part 18-4. C.Variances. The city reviewing authority, in approving an application for Site Design Review, may grant Variances to the standards contained in Part 18-4 pursuant to chapter 18-5.5. City of Ashland 4-4 Draft 3 November 2013 Land Use Ordinance s Administration Design Standard 2013 Discs; and conforming 1.5. 0 Y/NY/N November 9 4.1WCFs NNNN 4. City reviews building plan through a Ministerial procedure and Individual chapters map apply, depending on the modification - -- Standards are subject to City interpretation under Chapter 18 Chapters apply where amendment affects design standards. 1818 1.4. - 8 Y/NY/NY/N Trees 4. - NNN non 2.3.050. 4 are subject to Chapter 18 - 18 4.1 Draft 3 Uses, structures, developments or lots found to be Approvals and Permits Solar Access 7 4. Y/NY/N - YY NN - 18 18 - Home Occupations are subject to Section 18 Signs 6 4. Y/N/N NNNN - Y 18 Facilities determines which standards apply. Public /N 5 4. YYYYY Y - 18 4.1.020 tandards to Landscape - Screening 5 - to any standard of Part 18 /N Y/NN 4 4.4 Y/ NNN s & Y -- 18 Table 18 Circulation Parking, Access S Y/N/N 4.3 Applicability of Design YYY N Y - 18 request. Buildings 4.2 Y/NY/N NNNN - 18 Modification to Approval or Condition of Approval Situations, Expansion of 3 - Determination Code Text AmendmentAdjustments, including Conditional Use Permit -- plat of 2 Comprehensive Plan (See also, Chapter 18(See also, Chapter 18 Land Use Ordinance City Action Under Title 18 Lot Consolidations Code Interpretation Home Occupation Map Amendment Conforming Building Permit - City of Ashland Property Line Partition or Re Annexation Legal Lot - lots 5.3) Non s Administration Design Standard 2013 Discs; and 0 Y/N November 9 4.1WCFs NN 4. 4 may apply, depending on the -- 1818 8 Y/NY/N Trees 4. N - 18 4.1 Draft 3 Approvals and Permits Solar Access 7 4. Y/N - Y N - 18 18 Signs 6 4. Y NN - 18 Facilities Public 5 4. YYY - 18 variance request. - Individual chapters of Part 18 4.1.020 tandards to Landscape Screening 6 - N 4 4.4 Y/ Y N s & -- 18 Table 18 Circulation Parking, Access S 4.3 Applicability of Design YY N exception or - 18 Buildings 4.2 Y NN - 18 Subdivision or Replat of - (See also, Chapter 18 Land Use Ordinance Site Design Review Zoning District Map City Action Under Title 18 >3 lots (See also, Exceptions and 5.3) City of Ashland - Chapter 18 Variances Change 5.3)5.2) 18-4.2 Building Placement, Orientation and Design Chapter 18-4.2 Building Placement, Orientation and Design Sections: 18-4.2.010 Purpose 18-4.2.020 Applicability 18-4.2.030 Residential Development 18-4.2.040 Non-Residential Development 18-4.2.050 Historic District Development 18-4.2.050 Downtown Ashland Comment: and Use Standards. The standards are largely the same except for changes identified by highlighting and comment boxes. 18-4.2.010 Purpose Chapter 18-4.2 regulates the placement, orientation, and design of buildings. The regulations are intended to protect public health, safety, and welfare through standards that promote land use compatibility and livability, while protecting property values and ensuring predictability in the development process. In summary, Chapter 18-4.2 is intended to The purpose is to promote site planning and building designs that: Comment: The items below are taken from 18.72.010. The highlighted language is from the separate Site Design and Use Standards document. A. Enhance the environment to encourage alternative modes of transportation, such as walking, bicycling, and transit; B. Provide a business environment that is safe and comfortable, and natural surveillance of public ; C. Reduce dependency on the automobile for short trips, thereby conserving energy and reducing unwanted congestion; D. Support resource conservation and reusable energy generation, through solar, wind, and other renewable energy sources; and E. Require high quality development that makes a positive contribution to the streetscape and maintains a sense of place that is distinctly Ashland. 18-4.2.020 Applicability A. Chapter 18-4.2 applies residential, commercial, and manufacturing developments that are subject to chapter 18-5.2 Site Design Review. Note that some standards apply differently to developments located within Detailed Design Review, Downtown Design Review, and Historic Design Review overlays. B.Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to subject to 18-4.1.030.B Exception to the Site Design and Development Standards. City of Ashland 4-7 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Comment: Section 18-4.2.030 carries forward the existing Site Design and Use Standards for Multi-Family Residential Development (pp 13 -16). 18-4.2.030 Residential Development A.Applicability. Except as otherwise required by an overlay zone or plan district, the following requirements apply to residential development pursuant to section 18-5.2.020. B.Building Orientation. Residential buildings that are subject to the provisions of this chapter shall conform to all of the following standards: 1. Building Orientation to Street.Dwelling units shall have their primary orientation toward a street. Where residential buildings are located within 20 feet of a street, they shall have a primary entrance opening toward the street and connected to the right-of-way via an approved walkway. 2. Limitation on Parking Between Primary Entrance and Street.Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or on one or both sides. Comment: Item 3 is an update for consistency with code sections requiring a maximum setback (e.g., North Mountain). 3. Build-to Line.Where a new building is proposed in a zone that requires a build-to line or maximum front setback yard, except as otherwise required for clear vision at intersections, the building shall comply with the build-to line standard. Comment: Item C subsections 1 and 2 are currently included in the code garages accessed from the front property line are required to have a use the alley for vehicular access. In the current code, the following garage standards apply to all residential development, including detached single-family residences. In contrast, the remaining standards apply to multifamily, attached single-family and accessory residential units. As a result, the highlighted section was added to clarify the applicability to all residential development. C.Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or storing vehicles. Detached single-family dwellings are not exempt from this section and subject to the following standards. The standards are intended to public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street-facing garages. For the purpose of this subsection, a garage opening is considered to be facing a street where the opening is parallel to or within 45 degrees of the street right-of-way line. . 1. Alleys and Shared DrivesWhere a lot abuts a rear or side alley, or a shared driveway, including flag drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as applicable, and not a street. City of Ashland 4-8 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 2. Setback for Garage Opening Facing Street.The minimum setback for a garage (or carport) opening facing a street is 20 feet. This provision does not apply to alleys. Comment: Subsection 3, below, was added in the first draft based on the state model code. After further review, staff recommends not adding it to the code. Currently, the setback requirements of 15 feet to the face of the house and 20 feet to the garage create an offset. Additionally as pointed out by the Planning Commission, the model code standard becomes problematic on narrow lots. Finally, concern was raised by the focus group about this standard for the above mentioned reasons. 3. Width of Garage Openings Facing Street.Where a building contains one or more garage (or carport) openings facing a street, the total width of all such openings shall not exceed fifty (50) percent of the width of the building; except this standard does not apply where the garage opening is recessed behind the front elevation of the dwelling by not less than six (6) feet for its entire width. D.Building Materials. Building materials and paint colors should be compatible with the surrounding area. Very bright primary or neon-type paint colors, which attract attention to the building or use, are unacceptable. E. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. See Section 18-4.4.030.F. F. Landscaping. Landscaping shall be provided pursuant to chapter 18-4.4. G. Open Space. Residential developments that are subject to the provisions of this chapter shall conform to all of the following standards: 1. Recreation Area. An area equal to at least eight percent of the lot area shall be dedicated to open space for recreational use by the tenants of the development. 2. Surfacing.Areas covered by shrubs, bark mulch and other ground covers that do not provide suitable surface for human use may not be counted towards this requirement. 3. Decks and Patios.Decks, patios and similar areas are eligible for open space. 4. Play Areas. Play areas for children are required for projects of greater than 20 units that are designed to include families. Play areas are eligible for open space. Insert Graphics Pages Here City of Ashland 4-9 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 18-4.2.040 Non-Residential Development Comment: Section 18-4.2.040 carries forward the existing Site Design and Use Standards for Commercial, Employment, and Industrial development (pp17-28). A.Basic Site Review Standards. Except as otherwise required by an overlay zone or plan district, the following requirements apply to commercial, industrial, non-residential and mixed-use development pursuant to section 18-5.2.020: 1. Orientation and Scale. a. Buildings shall have their primary orientation toward the street and not a parking area. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or on one or both sides. b. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. c. Building entrances shall be located within 20 feet of the public right of way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved access or for sites with multiple buildings, such as shopping centers, where other buildings meet this standard. d. Where a building is located on a corner lot, its entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. The building shall be located as close to the intersection corner as practicable. e. Public sidewalks shall be provided adjacent to a public street along the street frontage. f. The standards in a-d, above, may be waived if the building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service stations. 2. Streetscape.One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. See Section 18- 4.4.030.F. 3. Landscaping.Landscaping shall be provided pursuant to chapter 18-4.4. 4. Designated Creek Protection. Where a project is proposed adjacent to a designated creek protection area, the project shall incorporate the creek into the design while maintaining required setbacks and buffering, and complying water quality protection standards. The developer shall plant native riparian plants in and adjacent to the creek protection zone. 5. Noise and Glare. Artificial lighting shall be arranged and constructed so there is no direct illumination onto adjacent residential properties or streets. Compliance with AMC 9.08.170.c City of Ashland 4-10 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design and 9.08.175 related to noise is required. 6. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards of Section 18-4.2.040, an equal percentage of the site must be made to comply with the standards of this section as the percentage of building expansion. For example, if a building area is expanded by 25, then 25 percent of the site must be brought up to the standards required by this document. Insert Graphics Pages Here City of Ashland 4-11 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design B.Detailed Site Review Standards. Development that is within the Detail Site Review zone shall, in addition to the complying with the standards for Basic Site Review in 18-4.2.040.A, above, conform to the following standards: 1. Orientation and Scale. a. Developments shall have a minimum Floor Area Ratio (FAR) of 0.50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Projects including existing buildings, or vacant parcels of a Where a site is one-half an acre or greater in size shall achieve the required minimum FAR requirement may be met through a phased development plan, or provide a shadow plan (see graphic), that demonstrates how development may be intensified over time to meet the required minimum FAR. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. b. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive changes in the building façade. c. Any wall that is within 30 feet of the street, plaza or other public open space shall contain at least 20 percent of the wall area facing the street in display areas, windows, or doorways. Windows must allow view into working areas or lobbies, pedestrian entrances or displays areas. Blank walls within 30 feet of the street are prohibited. Up to 40 percent of the length of the building perimeter can be exempted for this standard if oriented toward loading or service areas. d. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. e. Infill or buildings, adjacent to public sidewalks, in existing parking lots is encouraged and desirable. f. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. 2. Streetscape. a. could be unit masonry, scored and colored concrete, grasscrete, or combinations of the above. b. A building shall be setback not more than five feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65 percent of the aggregate building frontage shall be within five feet of the sidewalk. 3. Buffering and Screening. a. Landscape buffers and screening shall be located between incompatible uses on an adjacent lot. Those buffers can consist or either plant material or building materials and City of Ashland 4-12 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design must be compatible with proposed buildings. b. Parking lots shall be buffered from the main street, cross streets and screened from residentially zoned land. 4. Building Materials. a. Buildings shall include changes in relief such as cornices, bases, fenestration, fluted masonry, for at least 15 percent of the exterior wall area. b. Bright or neon paint colors used extensively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. Insert Graphics Pages Here City of Ashland 4-13 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design C.Additional Standards for Large Scale Projects. Developments involving a gross floor area in excess of 10,000 sq. ft. or a building frontage in excess of 100 feet in length, In the Detail Site Review zone, developments that are greater than 10,000 square feet in gross floor area or contain more than 100 feet of building frontage and located within the Detail Site Review Zone shall, in addition to complying with the standards for Basic (18-4.2.040.A) and Detail (18-4.2.040.B) site review ,above, conform to the following standards: 1. Orientation and Scale. a. Developments shall divide large building masses into heights and sizes that relate to human scale by incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale lighting. Comment: Staff recommends adding the highlighted language in Section B below. While the building separation standard may work on larger commonly-owned sites like the Tolman Creek Plaza (Albertsons/Rite-Aid area), it is problematic on smaller lots with different ownerships. Additionally, large gaps between buildings in the downtown are contrary to creating a street wall and pedestrian environment, disrupt the historic development pattern, could result in difficulties meeting minimum FAR requirements, and could result in the placement of parking between buildings. b. Buildings located on the same parcel and not connected by a common wall shall be separated by a distance equal to the height of the tallest building. If buildings are more than 240 feet in length, the separation shall be 60 feet. c. Outside of the Downtown Design Standards Zone, new buildings or expansions of existing buildings in the Detail Site Review Zone shall conform to the following standards: i. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. ii. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside of the exterior walls and including all interior courtyards. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. iii. Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor space, roof top parking, and outdoor retail and storage areas, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, basement means any floor level below the first story in a building. First story shall have the same meaning as provided in the building code. iv. Buildings shall not exceed a combined contiguous building length of 300 feet. d. Inside the Downtown Design Standards Zone, new buildings or expansions of existing buildings shall not exceed a building footprint area of 45,000 square feet or a gross floor area of 45,000 square feet, including roof top parking, with the following exception: Automobile parking areas locate within the building footprint and in the basement shall not City of Ashland 4-14 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design count toward the total gross floor area. For the purpose of this section, basement means any floor level below the first story in a building. First story shall have the same meaning as provided in the building code. Comment: Plaza/public space is required in large scale development (buildings larger than 10,000 square feet or longer than 100 feet in length). Currently, maximum building height in the C-1 and C-1-D zone is 40 feet which typically results in three stories. A proposed revision based on the 2006 Land Use Ordinance Review recommendation, is to allow buildings that are at least 100 feet from residential zones in the C-1 and C-1-D zones to be up to 55 feet in height which would allow four stories.(The Elks Building in the downtown is an example of a four-story building that is approximately 55 feet in height.) At the focus group meeting, concern was raised that the new proposed code revision to allow an additional story in the C-1 and C-1-D zones would not be a true incentive because the plaza space requirement would prevent adding more building square footage. One approach might be to exempt the fourth floor from the plaza/public space requirement as highlighted below. Another option would be to defer amendments and take up the issue as a separate ordinance amendment after re are different approaches to plaza requirements including a flat rate size and in lieu of fees. 2. Public Spaces. a. One square foot of plaza or public space shall be required for every ten square feet of gross floor area, except that the gross floor area of the fourth floor area is exempt. b. A plaza or public spaces shall incorporate at least four of the following elements: c. Sitting Space at least one sitting space for each 500 square feet shall be included in the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in width. Ledge benches shall have a minimum depth of 30 inches. d. A mixture of areas that provide both sunlight & shade. e. Protection from wind by screens and buildings. f. Trees provided in proportion to the space at a minimum of 1 tree per 500 square feet, at least 2 inches in diameter at breast height. g. Water features or public art. h. Outdoor eating areas or food vendors. 3. Transit Amenities. Transit amenities, bus shelters, pullouts, and designated bike lanes shall be Rogue Valley Transportation District. Insert Graphics Pages Here City of Ashland 4-15 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 18-4.2.050 Historic District Development Comment: Section 18-4.2.050.A carries forward the existing Section C. Historic District Development standards contained in Section IV of the Site Design and Use Standards (pp 42-47). A.Historic District Design Standards. In addition to the standards of Part 18-4, the city reviewing authority uses the following standards for new construction, and restoration and rehabilitation of existing buildings within the Historic Districts. 1. Transitional Areas. For projects located at the boundary between zoning districts or overlays, appropriate adjustments to building form, massing, height, scale, placement or architectural and material treatment may be considered to address compatibility with the transitional area while not losing sight of the underlying standards or requirements applicable to the subject property. 2. Height. RECOMMENDEDAVOID Construct new buildings to a height within New construction that varies in height the range of historic building heights on and (too high or too low) from historic across the street. buildings in the vicinity. 3. Scale. RECOMMENDEDAVOID City of Ashland 4-16 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Height, width and massing of new buildings Height, width or massing of new conform to historic buildings in the buildings that is out of scale with immediate vicinity. historic buildings in the vicinity. 4. Massing. RECOMMENDEDAVOID Small, varied masses consistent with historic Single, monolithic forms that are not buildings in the immediate vicinity. relieved by variations in massing. 5. Setback. RECOMMENDEDAVOID Front walls of new buildings are in the same Front walls that are constructed lane as facades of adjacent historic forward of or behind setback line of buildings. adjacent historic buildings. 6. Roof. RECOMMENDEDAVOID City of Ashland 4-17 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Roof shape, pitches and materials consistent Roof shapes, pitches, or materials not with historic buildings in the immediate historically used in the immediate vicinity. vicinity. 7. Rhythm of Openings. RECOMMENDEDAVOID Pattern or rhythm of wall to door/window A pattern or rhythm of window/door openings on the primary façade or other openings that is inconsistent with visually prominent elevation is maintained. adjacent historic buildings. Maintain compatible width-to-height ratio of bays in the façade. 8. Base or Platforms. RECOMMENDEDAVOID City of Ashland 4-18 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design A clearly defined base, or platform Walls that appear to rise straight out of characteristic of historic buildings in the the ground without a distinct platform immediate vicinity. or base at the ground level. 9. Form. RECOMMENDEDAVOID Form (vertical/horizontal emphasis of Form that varies from that of existing building) that is consistent with that of adjacent historic buildings. adjacent historic buildings. 10. Entrances. RECOMMENDEDAVOID City of Ashland 4-19 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Well-defined primary entrances with covered Façades With minimally defined porches, porticos, and other architectural primary entrances. features compatible but not imitative of historic counterparts. 11. Imitation of Historic Features. RECOMMENDEDAVOID Accurate restoration of original architectural Replicating or imitating the styles, features on historic buildings. New motifs, or details of historic buildings. construction, including additions, that is clearly contemporary in design, which enhances but does not compete visually with adjacent historic buildings. 12. Additions. RECOMMENDEDAVOID City of Ashland 4-20 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Additions that are visually unobtrusive from a Additions on the primary façade or any public right-of-way, and do not obscure or elevation that is visually prominent eliminate character defining features of from a public right-of-way, and historic buildings. additions that obscure or destroy character defining features. 13. Garage Placement. RECOMMENDEDAVOID Garage placed behind the primary historic Garage placed beside or in front of the building with access from a side street or primary historic building. alley if available. Comment: Section 18-4.2.050.B carries forward the existing Section B. Rehabilitation Standards for Existing Buildings and Additions standards contained in Section IV of the Site Design and Use Standards (p 41). The section was inadvertently left out of the previous draft, but the standards are unchanged. B.Rehabilitation Standards for Existing Buildings and Additions. In addition to the standards of Part 18-4, the city reviewing authority uses the following standards for existing buildings and additions within the Historic Districts. These standards apply primarily to residential historic districts, residential buildings in the Downtown Historic District, and National Register-listed historic buildings not located within historic districts. The purpose of the following standards is to prevent City of Ashland 4-21 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design incompatible treatment of buildings in historic districts and to ensure that new additions and materials maintain the historic and architectural character of the district. 1. Historic architectural styles and associated features shall not be replicated in new additions or associated buildings. 2. Original architectural features shall be restored as much as possible, when those features can be documented. 3. Replacement finishes on exterior walls of historic buildings shall match the original finish. Exterior finishes on new additions to historic buildings shall be compatible with, but not replicate, the finish of the historic building. 4. Diagonal and vertical siding shall be avoided on new additions or on historic buildings except in those instances where it was used as the original siding. 5. Exterior wall colors on new additions shall match those of the historic building. 6. Imitative materials including but not limited to asphalt siding, wood textured aluminum siding and artificial stone shall be avoided. 7. Replacement windows in historic buildings shall match the original windows. Windows in new additions shall be compatible in proportion, shape and size, but not replicate original windows in the historic building. 8. Reconstructed roofs on historic buildings shall match the pitch and form of the original roof. Roofs on new additions shall match the pitch and form of the historic building, and shall be attached at a different height so the addition can be clearly differentiated from the historic building. Shed roofs are acceptable for one-story rear additions. 9. Asphalt or composition shingle roofs are preferred. Asphalt shingles which match the original roof material in color and texture are acceptable. Wood shake, woodshingle, tile and metal roofs shall be avoided. 10. New porches or entries shall be compatible with, but not replicate, the historic character of the building. 11. New detached buildings shall be compatible with the associated historic building and shall conform to the above standards. 12. Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in clarifying and determining whether the above standards are met. City of Ashland 4-22 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 18-4.2.060 Downtown Ashland Comment: Section 18-4.2.060 carries forward the Downtown Ashland standards, Section VI of the Site Design and Use Standards (pp 50-59). A.Purpose and Intent. The purpose of the Downtown Design Standards is to respect the areas unique heritage and to enhance the appearance and livability of the area as it develops and changes. Chapter 18-4.2.060 implements the City of Ashland Downtown Plan. The purpose of the Downtown Design Standards is to respect the areas unique heritage and to enhance the appearance and livability of the area as it develops and changes. The design standards contained in this section are based on the Downtown Plan; where the intent of this section is unclear, the reviewing authority shall refer to the Downtown Plan in interpreting the ordinance Based upon common features found in the downtown, the standards provide a foundation for prospective applicants, citizens, and community decision makers to direct change in a positive and tangible way. It is not the intent of the Design Standards to freeze time and halt progress or restrict an individual property owner's creativity, but rather to guide new and remodeled proposals to be in context with their historic surroundings. Personal choice should be and can be expressed within the framework of the standards. While many communities across America are attem- downtown of their own, the Downtown Design Standards are attempt to preserve what Ashland an organized, coordinated and ageless rhythm of buildings. As a collective group, the downtown B.Applicability. Chapter 18-4.2.060 applies to all development within the Downtown Design District. City of Ashland 4-23 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design Figure 18-4.2.010.B Downtown Design District City of Ashland 4-24 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design C.Downtown Design Standards . 1. Height slightly dissimilar overall height to An exception to this standard would be buildings that have a distinctive vertical division/façade 10; Avoid 3) Multi-story development is encouraged in the downtown. (Illustration: Recommend 1, 5, 6 & 10). 2. Setback. a. Except for arcades, alcoves and other recessed features, building shall maintain a zero setback from the sidewalk or property line (Illustration: Recommend 2, 5, 6 & 10). Areas having public utility easements or similar restricting conditions shall be exempt from this standard. b. Ground level entries should be recessed from the public right-of-way and have detailing and materials c. Recessed or projecting balconies, verandas or other useable space above the ground level on existing and new buildings shall not be incorporated in a street facing elevation (Illustration: Avoid 4 & 7). City of Ashland 4-25 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 3. Width a. The width of a building shall be extended from side lot line to side lot line (Illustration: Recommend 5). An exception to this standard would be an area specifically designed as plaza space, courtyard space, dining space or rear access for pedestrian walkways. b. Lots greater than 80 feet in width shall respect the traditional width of buildings in the (Illustration: Recommend 5 & 10; Avoid 3). City of Ashland 4-26 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 4. Openings a. Ground level elevations facing a street shall maintain a consistent proportion of transparency (i.e., windows) compatible with the pattern found in the downtown area (Illustration: Recommend 1, 5, 6 & 10). b. Scale and proportion of altered or added building elements, such as the size and relationship of new windows, doors, entrances, column and other building features shall be visually compatible with the original architectural character of the building (Illustration: Recommend 5 & 6; Avoid 4 & 9). c. Upper floor windows orientation shall primarily be vertical (height greater than width) (Illustration: Recommend 1, 5 & 6; Avoid 8). d. Except for transom windows, windows shall not break the front plane of the building (Illustration: Recommend 5). e. Ground level entry doors shall be primarily transparent (Illustration: Recommend 10; Avoid 4). f. Windows and other features of interest to pedestrians such as decorative columns or decorative corbelling shall be provided adjacent to the sidewalk (Illustration: Recommend 1 & 5; Avoid 4 & 7). Blank walls adjacent to a public sidewalk are prohibited. City of Ashland 4-27 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 5.Horizontal Rhythms a. (Illustration: Recommend 1, 5, 6 & 10; Avoid 4 & 8). b. A clear visual division shall be maintained between ground level floor and upper floors (Illustration: Recommend 1, 5, 6 & 10). c. Buildings shall provide a foundation or base, typically from ground to the bottom of the lower & 10; Avoid 4 & 8). City of Ashland 4-28 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 6.Vertical Rhythms a. New construction or storefront remodels shall reflect a vertical orientation, either through actual volumes or the use of surface details to divide large walls, so as to reflect the underlying historic property lines (Illustration: Recommend 5 & 6; Avoid 3). b. Storefront remodeling or upper story additions shall reflect the traditional structural system of the volume by matching the spacing and rhythm of historic openings and surface detailing (Illustration: Recommend 6; Avoid 4 & 9). City of Ashland 4-29 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 7. Roof Forms. Sloped or residential style roof forms are discourage in the downtown area unless visually screened from the right-of-way by either a parapet or a false front. The false front shall incorporate and well defined Recommend 1, 5 & 10; Avoid 7). 8. Materials a. Exterior building materials shall consist of traditional building materials found in the downtown area including block, brick, painted wood, smooth stucco, or natural stone (Illustration: Avoid 4 & 9). b. In order to add visual interest, buildings are enc exteriors with columns, framed bays, transoms and windows to create multiple surface levels (Illustration: Recommend 1, 5 & 10; Avoid 7, 8 & 9). City of Ashland 4-30 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 9. Awnings, Marquees or Similar Pedestrian Shelters a. Awnings, marquee or similar pedestrian shelters shall be proportionate to the building and awning placement shall be placed below the mezzanine or transom windows where feasible (Illustration: Recommend 1, 5, 6 & 10; Avoid 4 & 9). b. Except for marquees similar pedestrian shelters such as awnings shall be placed between pilasters (Illustration: Recommend 1 & 5; Avoid 9). c. Storefronts Sidewalk coverings along storefronts shall havewith prominent horizontal lines at similar levels. coverings (Illustration: Recommend 5; Avoid 8). 10. Other a. Non-street or alley facing elevations are less significant than street facing elevations. Rear and sidewalls of buildings should therefore be fairly simple, e.g., wood, block, brick, stucco, cast stone, masonry clad, with or without windows. b. Visual integrity of the original building shall be maintained when altering or adding building elements. This shall include such features as the vertical lines of columns, piers, the horizontal definition of spandrels and cornices, and other primary structural and decorative elements (Illustration: Recommend 6; Avoid 4 & 9). City of Ashland 4-31 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design c. Restoration, rehabilitation or remodeling projects shall incorporate, whenever possible, original design elements that were previously removed, remodeled or covered over (Illustration: Recommend 6; Avoid 4 & 9). d. Parking lots adjacent to the pedestrian path are prohibited (Refer to Site Design and Use Standards, Section II-D, for Parking Lot Landscaping and Screening Standards). An exception to this standard would be paths required for handicapped accessibility. e. Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades, alcoves, colonnades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasible. f. Uses that are exclusively automotive such as service stations, drive-up windows, auto sales, and tire stores are discouraged in the downtown. The City shall use its discretionary powers, such as Conditional Use Permits, to deny new uses, although improvements to existing facilities may be permitted. City of Ashland 4-32 Draft 3 November 2013 Land Use Ordinance 18-4.2 Building Placement, Orientation and Design 11. Exception to Standards. An exception to the Downtown Design Standards may be granted pursuant to section 18-5.5. City of Ashland 4-33 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Chapter 18-4.3 Parking, Access, and Circulation Sections: 18-4.3.010 Purpose 18-4.3.020 Applicability 18-4.3.030 General Automobile Parking Requirements and Exceptions 18-4.3.040 Parking Ratios 18-4.3.050 Disabled Person Parking Places 18-4.3.060 Parking Management Strategies 18-4.3.070 Bicycle Parking 18-4.3.080 Vehicle Area Design 18-4.3.090 Pedestrian Access and Circulation 18-4.3.100 Construction 18-4.3.110 Availability of Facilities Comment: This chapter carries forward Chapter 18.92 Parking, Access and Circulation with edits for clarity. The standards are largely the same except for changes identified by comment boxes. 18-4.3.010 Purpose Chapter 18-4.3 contains requirements for automobile and bicycle parking, and vehicular and pedestrian access, circulation and connectivity. The purpose is to provide safe and effective access and circulation for pedestrians, bicyclists and vehicles. For transportation improvement requirements, refer to Section 18-4.5.030. 18-4.3.020 Applicability A. The requirements of this chapter apply to parking, access and circulation facilities in all zones, except those specifically exempted, whenever any building is erected or enlarged, parking, access or circulation is expanded or reconfigured, or the use is changed. B. The City may require a study prepared by a qualified professional to determine offsets in parking demand, access, circulation and other transportation impacts, pursuant to this section. Comment: C. All required parking, access and circulation facilities shall be constructed when an existing building or dwelling is altered or enlarged when a use is intensified by the addition of floor space, seating capacity, or change in use, or by the addition or creation of guest rooms or dwelling units. Comment: For exceptions and variances, see note on page 4. D.Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to Chapter 18-5.5 Variances, except that deviations from the standards in 18-4.3.080.B.4 and 5, and section 18-4.3.090 Pedestrian Access and Circulation are subject to 18-4.1.030.B Exception to the Site Design and Development Standards. City of Ashland 4-34 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Comment: t, and edited for consistency with the variance procedures in 18-5. E.Variance to Parking Standard for Commercial Buildings in the Historic District. In order to preserve existing structures within the Ashland Historic District while permitting the redevelopment of property to its highest commercial use, the Staff Advisor, through a Type I procedure and pursuant to chapter 18-5.5, may grant a Variance to the parking standards of section 18-4.3.040 by up to 50 percent for commercial uses within the Ashland Historic District. The intent of this provision is to provide as much off-street parking as practical while preserving existing structures and allowing them to develop to their full commercial potential. The City, through this ordinance provision, finds that reuse of the building stock within the Ashland Historic District is an exceptional circumstance and an unusual hardship for the purposes of granting a variance. 18-4.3.030 General Automobile Parking Requirements and Exceptions Comment: This section carries forward and updates 18.92.030 Automobile Parking Spaces Required. An option is added This option is suggested because the Parking Management Strategies in 18-4.3.060 may not address every situation where a parking reduction is warranted. For example, this option would be useful where occupants of some types of housing do not drive. A.Minimum Number of Off-Street Automobile Parking Spaces. Off-street parking shall be provided pursuant to one of the following three methods and shall include required Disabled Person Parking: 1. Standard Ratios for Automobile Parking. The standards in Table 18-4.3.040; or 2. Unspecified Use. Where automobile parking requirements for any use are not specifically listed in Table 18-4.3.040, such requirements shall be determined by the Staff Advisor based upon the most comparable use specified in this section, and other available data; or Comment: Based on the Planning Commissions comments on the previous draft, the language in the new parking demand analysis section below is revised to make clear the reviewing authority has the discretion to approve a different parking standard based 3.Parking Demand Analysis. The city reviewing authority through a discretionary review may approve a parking standard that is different than the standards under subsection 1 and 2, above, as follows: a. The applicant submits a Parking Demand Analysis, which is a written request with supporting data prepared by a professional engineer, planner, architect, landscape architect, or other qualified professional; b. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation City of Ashland 4-35 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors. The Parking Demand Analysis option may be used in conjunction with, or independent of, the options provided under section 18-4.3.060 Parking Management Strategies. c. The Parking Demand Analysis is reviewed through a \[Type I / Type II\] procedure. The review procedure shall be the same as for the main project application. B.Maximum Number of Off-Street Automobile Parking Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the number of spaces required by this chapter by more than ten percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. Comment: Section C is carried forward from the current 18.32.050.A. Section D is carried forward from the current 18.30.030.B. C.Downtown Overlay District. All uses within the Downtown Overlay District, except for hotel, motel, and hostel uses, are exempt from the off-street parking requirements of this section. D.North Mountain Plan District. Within the Neighborhood Central Overlay of the North Mountain (NM) Plan District, all uses are exempt from the off-street parking requirements of this section, except that residential uses are required to provide a minimum of one parking space per residential unit. 18-4.3.040 Parking Ratios Comment: The following carries forward 18.92.030 Automobile Parking Spaces Required. The list of parking ratios is reformatted as a table. Except as provided by section 18-4.3.030, the standard ratios required for automobile parking are as follows: Table 18-4.3.040 Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 spaces for the primary dwelling unit and the following for accessory residential units: a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit. Single Family Dwelling b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. City of Ashland 4-36 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Table 18-4.3.040 Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) d. 3-bedroom or greater units -- 2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit. c. 2-bedroom units -- 1.75 spaces/unit. Multifamily d. 3-bedroom or greater units -- 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater -- One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Single Manufactured Housing Family Dwelling; for Manufactured Housing Developments, see sections 18-2.3.170 and 18-2.3.180. Performance Standards See chapter 18-3.8. Developments Commercial Categories Auto, boat or trailer sales, retail 1 space per 1,000 square feet of the first 10,000 square feet of gross land nurseries and other open-space area; plus 1 space per 5,000 square feet for the excess over 10,000 uses square feet of gross land area; and 1 space per two employees. 3 spaces per alley, plus 1 space for auxiliary activities set forth in this Bowling Alleys section. Chapels and Mortuaries 1 space per four fixed seats in the main chapel. 1 space per guest room, plus 1 space for the owner or manager; see also, Hotels requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. General Office: 1 space per 500 sq. ft. floor area. Offices Medical/Dental Office: 1 space per 350 sq. ft. floor area. Restaurants, Bars, Ice Cream 1 space per four seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Uses whichever is less. General: 1 space per 350 sq. ft. floor area. Retail Sales and Services Furniture and Appliances: 1 space per 750 sq. ft. floor area. Skating Rinks 1 space per 350 sq. ft. of gross floor area. Theaters, Auditoriums, Stadiums, 1 space per four seats Gymnasiums and Similar Uses 1 space per guest room, plus 2 spaces for the owner or manager 1 Industrial Categories Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each two Production, Warehousing and employees whichever is less, plus 1 space per company vehicle. Freight Institutional and Public Categories City of Ashland 4-37 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Table 18-4.3.040 Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) Clubs, Fraternity and Sorority 2 spaces for each three guest rooms; in dormitories, 100 sq. ft. shall be Houses; Rooming and Boarding equivalent to a guest room. Houses; Dormitories Daycare 1 space per two employees; a minimum of 2 spaces is required. Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses. Miniature: 4 spaces per hole. Hospital 2 space per patient bed. Nursing and Convalescent Homes 1 space per three patient beds. Public Assembly 1 space per four seats Religious Institutions and Houses of 1 space per four seats. Worship Rest Homes, Homes for the Aged, or 1 space per two patient beds or 1 space per apartment unit. Assisted Living Elementary and Junior High: 1-1/2 spaces per classroom, or one (1) Schools space per 75 sq. ft. of public assembly area, whichever is greater High Schools: 1.5 spaces per classroom, plus 1 space per ten students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater Colleges, Universities and Trade Schools: 1-1/2 spaces per classroom, plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housing. 2 Other Categories Parking standards for temporary uses are the same as for primary uses, Temporary Uses except that the city reviewing authority may reduce or waive certain development and designs standards for temporary uses. 18-4.3.050 Accessible Parking Spaces Comment: Staff recommends deleting the existing language in 18.92.040 Disable Person Parking Places (shown below in strikeout text), and replacing it with the highlighted text from the state model code. The required number and type (i.e. van accessible vs. auto space) of disabled person parking spaces is governed by the state building code, which is more complex that the requirements in the existing land use ordinance. For example, accessible parking is not required for one and two-family dwellings in certain situations. This kind of inconsistency has led to confusion on the part of applicants. Also, it is generally problematic to try to replicate building code requirements in the land use ordinance because of the complexity of the material and changing requirements. A. Accessible parking shall be provided consistent with the requirements of the building code, including but not limited to the minimum number of spaces for automobiles, van-accessible spaces, location of spaces relative to building entrances, accessible routes between parking areas and building entrances, identification signs, lighting, and other design and construction requirements. City of Ashland 4-38 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Accessible parking shall be included and indentified on the planning application submittals. The total number of disabled person parking spaces shall comply with the following: Required Minimum Number Total in Parking Lot of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 One in every eight (8) accessible spaces, but not less than one (1) space, must be van accessible. B. A van accessible parking space is required to be at least nine feet wide and have an adjacent access aisle that is at least eight feet wide. Required Disabled Person Parking spaces shall be designed in accord with all requirements of the State of Oregon, including minimum widths, adjacent aisles, and permanent markings. Disabled Person Parking space designs are included at the end of this chapter. 18-4.3.060 Parking Management Strategies Comment: This section carries forward 18.92.050 Parking Management Strategies. Currently, the code allows up to a cumulative 50% reduction of the required parking on site. The code has been revised to allow a 100% reduction in required parking on site for shared facilities if a surface parking area or structure is built that serves several buildings, this type of facility could accommodate the required parking for all of the buildings. The off-street parking spaces may be reduced through the application of the following credits. The maximum reduction in off-street parking spaces is fifty percent (50%), except for Off-Site Shared and the city reviewing authority may require a parking analysis prepared by a qualified professional. See section18- 4.3.030.A.3 for parking analysis requirements. A.On-Street Parking Credit. The quantity of off-street parking spaces required is automatically reduced by the following credit: one off-street parking space credit for every one on-street parking space meeting the applicable standards of subsections 1-3, below. A reduction of up to 50 percent of the required off-street parking spaces is allowed. 1. Dimensions. On-street parking shall follow the established configuration of existing on-street parking, except that 45-degree diagonal parking may be allowed with the approval of the Public City of Ashland 4-39 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Works Director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the Public Works Department. a. Parallel parking, each 22 feet of uninterrupted curb. b. 45-degree diagonal, each 12 feet of uninterrupted curb. 2. Location a. Curb space must be contiguous to the lot containing the use that requires the parking. b. Parking spaces may not be counted that are within 20 feet measured along the curb of any corner or intersection of an alley or street, nor any other parking configuration that violates any law or standard of the City or State. c. Parking spaces located on arterials and collectors may only receive credit if the arterial or collector is greater in width than the minimums established by the Street Standards in Chapter 18-3.8 Performance Standards Option. d. Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU zone. 3. Availability. On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted. B.Alternative Vehicle Parking. Alternative vehicle parking facilities may reduce the required off- street parking spaces up to 25 percent, as follows: 1. Motorcycle or scooter parking. One off-street parking space credit for four motorcycle or scooter parking spaces. 2. Bicycle parking. One off-street parking space credit for five additional, non-required bicycle parking spaces. C.Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, in which case the mixed-use credit shall reduce the off-street parking requirement by a percentage equal to the reduced parking demand. A reduction of up to 50 percent of the required off-street parking spaces is allowed. D.Joint Use of Facilities. Required parking facilities of two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use. A reduction of up to 50 percent of the required off-street parking spaces is allowed. E. Off-Site Shared Parking. One off-street parking space credit for every one parking space constructed in designated off-site shared parking areas, or through payment of in-lieu-of-parking fees for a common parking. A reduction of up to 100 percent of the required off-street parking spaces is allowed. City of Ashland 4-40 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation F. TDM Plan Credit. Through implementation of an individual Transportation Demand Management (TDM) plan that demonstrates a reduction of long-term parking demand by a percentage equal to the credit requested. A reduction of up to a 50 percent reduction of the required off-street parking spaces. G. Transit Facilities Credit. Sites where at least 20 spaces are required and where at least one lot line abuts a street with transit service may substitute transit-supportive plazas as follows. A reduction of up to a 50 percent reduction of the required off-street parking spaces. 1. Pedestrian and transit supportive plazas may be substituted for up to ten percent of the required parking spaces on-site. 2. A street with transit service shall have a minimum of 30-minute peak period transit service frequency. 3. Existing parking areas may be converted to take advantage of these provisions. 4. The plaza must be adjacent to and visible from the transit street. If there is a bus stop along the 5. The plaza must be at least 300 square feet in area and be shaped so that a ten-foot by ten-foot (10 feet X 10 feet) square will fit entirely in the plaza. 6. The plaza must include all of the following elements: a. A plaza that is open to the public. The owner must record a public access easement that allows public access to the plaza; b. A bench or other sitting area with at least five linear feet of seating; c. A shelter or other weather protection. The shelter must cover at least 20 square feet and the plaza must be landscaped. This landscaping is in addition to any other landscaping or screening required for parking areas by this ordinance. City of Ashland 4-41 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation 18-4.3.070 Bicycle Parking Comment: The following provisions are carried forward from 18.92.060 Bicycle Parking and edited for clarity. A.Applicability and Minimum Requirement. All uses, with the exception of residential units with a garage and uses in the C-1-D zone, are required to provide a minimum of two (2) sheltered bike parking spaces pursuant to this section. The required bicycle parking shall be constructed when an existing residential building or dwelling is altered or enlarged by the addition or creation of dwelling units, or when a non-residential use is intensified by the addition of floor space, seating capacity, or change in use. B.Calculation. Fractional spaces shall be rounded up to the next whole space. C.Bicycle Parking for Residential Uses. Every residential use of two or more dwelling units per structure and not containing a garage for each dwelling shall provide bicycle parking spaces as follows: 1. Multi-Family Residential: One sheltered space per studio unit or one-bedroom unit; 1.5 sheltered spaces per two-bedroom unit; and two sheltered spaces per three-bedroom unit. 2. Senior Housing: One sheltered space per eight dwelling units where 80 percent of the occupants are 55 or older. Comment: Sections D and E include new language requiring a minimum of two bicycle parking spaces per use that is based on the Oregon Model Code. Staff recommends this addition because the required u-rack fits a bicycle on each side. D.Bicycle Parking for Non-Residential Uses. Uses required to provide off street parking, except as specifically noted, shall provide two spaces per primary use, or one bicycle parking space for every five required automobile parking spaces, whichever is greater. Fifty percent of the bicycle parking spaces required shall be sheltered from the weather. All spaces shall be located in proximity to the uses they are intended to serve. E. Bicycle Parking for Parking Lots and Structures. All public parking lots and structures shall provide two spaces per primary use, or one bicycle parking space for every five automobile parking spaces, of which 50 percent shall be sheltered. F. Primary and Secondary Schools. Elementary, Junior High, Middle and High Schools shall provide one sheltered bicycle parking space for every five students. G. Colleges, Universities, and Trade Schools. Colleges, universities, and trade schools shall provide one bicycle parking space for every five required automobile parking spaces, of which 50 percent shall be sheltered. H.No Fee for Use. No bicycle parking spaces required by this standard shall be rented or leased, however, a refundable deposit fee may be charged. This does not preclude a bike parking rental business. City of Ashland 4-42 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation I. Bicycle Parking Design Standards. 1. Bicycle parking shall be located so that it is visible to and conveniently accessed by cyclists, and promotes security from theft and damage. 2. Bicycle parking requirements, pursuant to this section, can be met in any of the following ways: a. Providing bicycle racks or lockers outside the main building, underneath an awning or marquee, or in an accessory parking structure. b. Providing a bicycle storage room, bicycle lockers, or racks inside the building. Providing bicycle racks on the public right of way, subject to review and approval by the Staff Advisor. 3. All required exterior bicycle parking shall be located on-site and within 50 feet of a regularly used building entrance and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the principal use. For facilities with multiple buildings, building entrances or parking lots (such as a college), exterior bicycle parking shall be located in areas of greatest use and convenience for bicyclists. 4. Required bicycle parking spaces located out of doors shall be visible enough to provide security. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent walkways or motor vehicle parking lots during all hours of use. Bicycle parking shall be at least as well lit as automobile parking. 5. Paving and Surfacing. Outdoor bicycle parking facilities shall be surfaced in the same manner as the automobile parking area or with a minimum of two inch thickness of hard surfacing (i.e., asphalt, concrete, pavers, or similar material) and shall be relatively level. This surface will be maintained in a smooth, durable, and well-drained condition 6. Bicycle parking located outside the building shall provide and maintain an aisle for bicycle maneuvering between each row of bicycle parking. Bicycle parking including rack installations shall conform to the minimum clearance standards shown in the figures at the end of this chapter. 7. A bicycle parking space located inside of a building for employee bike parking shall be a minimum of six feet long by three feet wide by four feet high, unless adequate room is provided to allow configuration as indicated in the figure at the end of this chapter. 8. Each required bicycle parking space shall be accessible without moving another bicycle. 9. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. 10. Sheltered parking shall mean protected from all precipitation and must include the minimum protection coverages shown in the figure at the end of this chapter. 11. Bicycle parking shall be located to minimize the possibility of accidental damage to either bicycles or racks. Where needed, barriers shall be installed. 12. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to violate the vision clearance standards of section 18.2.4.050. Bicycle parking facilities City of Ashland 4-43 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation should be harmonious with their environment both in color and design. Facilities should be incorporated whenever possible into building design or street furniture. J.Bicycle Parking Rack Standards. The intent of the following standards is to ensure that required bicycle racks are designed so that bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. 1. Bicycle parking racks shall consist of staple-design or inverted-u steel racks meeting the individual rack specifications shown in the figure at the end of this chapter. The Staff Advisor, following review by the Transportation Commission, may approve alternatives to the above standards. Alternatives shall conform to all other applicable standards of this section. 2. Commercial bike lockers are acceptable according to manufacturer's specifications. 3. Bicycle parking racks or lockers shall be anchored securely. 4. Bicycle racks shall hold bicycles securely by means of the frame. The frame shall be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels. Bicycle racks shall accommodate: a. Locking the frame and both wheels to the rack with a high-security U-shaped shackle lock, if the bicyclists removes the front wheel; and b. Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock, if the bicyclists leaves both wheels on the bicycle; and c. Locking the frame and both wheels to the rack with a chain or cable not longer than 6 feet without removal of the front wheel. Insert Graphics Page Here City of Ashland 4-44 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation 18-4.3.080 Vehicle Area Design Comment: This section carries forward 18.92.080 Parking, Access and Circulation Design Requirements. A.Parking Location 1. Except for single and two-family dwellings, required automobile parking facilities may be located on another parcel of land, provided said parcel is within 200 feet of the use it is intended to serve. The distance from the parking lot to the use shall be measured in walking distance from the nearest parking space to an access to the building housing the use, along a sidewalk or other pedestrian path separated from street traffic. Such right to use the off-site parking must be evidenced by a deed, lease, easement, or similar written instrument establishing such use, for the duration of the use. 2. Except as allowed in the subsection below, automobile parking shall not be located in a required front and side yard setback area abutting a public street, except alleys. 3. In all residential zones, off-street parking in a front yard for all vehicles, including trailers and recreational vehicles is limited to a contiguous area no more than 25 percent of the area of the front yard, or a contiguous area 25 feet wide and the depth of the front yard, whichever is greater. Since parking in violation of this section is occasional in nature, and is incidental to the primary use of the site, no vested rights are deemed to exist and violations of this section are not subject to the protection of the nonconforming use sections of this ordinance. B.Parking Area Design . Required parking areas shall be designed in accordance with the following standards and dimensions. 1. Parking spaces shall be a minimum of nine feet by 18 feet. 2. Up to 50 percent of the total automobile parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be eight feet by 16 feet. Such spaces shall be signed or the space painted with the words "Compact Car Only." 3. Parking spaces shall have a back-up maneuvering space not less than 22 feet, except where parking is angled, and which does not necessitate moving of other vehicles. Comment: The highlighted language in section 4 is to provide more specificity for when walkways across parking areas required. This issue was discussed during the Pedestrian Places ordinance review. 4. Parking lots with 50 or more parking spaces, and parking lots where pedestrians must traverse more than 100 150 feet of parking area, as measured as an average width or depth, shall be divided into separate areas by one or more of the following means: a building or group of buildings; plazas landscape areas with walkways at least tenfive feet in width; streets; or driveways with street-like features. Street-like features, for the purpose of this section, means a raised sidewalk of at least five feet in width, with six-inch curb, accessible curb ramps, street trees in planters or tree wells and pedestrian-oriented lighting (i.e., not exceeding 14 ft. typical height). Comment: The highlighted language allows larger parking lots that may broken into distinct areas (e.g. Tolman Creek Plaza Albertsons/Rite Aid) to use a combination of strategies to reduce the environmental impacts of City of Ashland 4-45 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation surface parking area. This issue was raised at the focus group meeting. 5. Parking areas shall be designed to minimize the adverse environmental and microclimatic impacts of surface parking through design and material selection. Parking areas of more than seven parking spaces shall meet the following standards: a. Use at one or more of the following strategies for the surface parking area, or put 50 percent of parking underground. For parking lots with 50 or more spaces, the city reviewing authority may approve a combination of strategies. i Use light colored paving materials with a high solar reflectance (Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50 percent of the parking area surface. ii. Provide porous solid surfacing or an open grid pavement system that is at least 50 percent pervious for a minimum of 50 percent of the parking area surface. iii. Provide at least 50 percent shade from tree canopy over the parking area surface within five years of project occupancy. iv. Provide at least 50 percent shade from solar energy generating carports, canopies or trellis structures over the parking area surface. b. Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. Insert Graphics page here. C.Vehicular Access and Circulation. The intent of this subsection is to manage access to land uses and on-site circulation and maintain transportation system safety and operations. For transportation improvement requirements, refer to Section 18-4.5.030. 1. Applicability. This section applies to all public streets within the City of Ashland and to all properties that abut these streets. The standards apply when developments are subject to a planning action (e.g. Site Review, Conditional Use Permit, Land Partition, Performance Standards Subdivision). 2. Site Circulation. New development shall be required to provide a circulation system that accommodates expected traffic on the site. All on-site circulation systems shall incorporate street-like features as described in Section 18-4.3.090.A.3.c. Pedestrian connections on the site, including connections through large sites, and connections between sites and adjacent sidewalks must conform to the provisions of Section 18-4.3.090. 3. Intersection and Driveway Separation. The distance from a street intersection to a driveway, or from a driveway to another driveway shall meet the minimum spacing requirements for the Comment: In the existing code, the Street Standards require a least 24 feet between driveway curb cuts (Standard 1, Section VI: Driveway Apron and Curb Cuts, p 41, Ashland Street Standards), and the chapter 18.92 City of Ashland 4-46 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Parking, Access and Circulations requires 50 feet between driveway cub cuts on residential streets. In practice, the 24-foot separation works well in single-family situations, and the 50-foot separation with more dense development. As a result, staff recommends the revision in subsection c below. a. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM or M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. c. Street and driveway access points in an R-2, R-3, C-1, E-1, CM or M-1 zone shall be limited to the following: i. Distance between driveways: on arterial streets: 100 feet; on collector streets: 75 feet; on residential streets: 24 feet for 2 units or fewer per lot, 50 feet for three or more units per lot ii. Distance from intersections: on arterial streets: 100 feet; on collector streets: 50 feet; on residential streets: 35 feet. d. Access Requirements for Multi-family Developments. All multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 4. Shared Use of Driveways and Curb Cuts. a. Plans submitted for developments subject to a planning action shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and shall indicate all necessary access easements. Where necessary from traffic safety and access management purposes, the City may require joint access and/or shared driveways in the following situations: i. For shared parking areas; ii. For adjacent developments, where access onto an arterial is limited; and iii For multi-family developments, and developments on multiple lots. Comment: replacement of curb cut is required. City of Ashland 4-47 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation b. Developments subject to a planning action shall remove all curb cuts and driveway approaches not shown to be necessary for existing improvements or the proposed development. Curb cuts and approaches shall be replaced with standard curb, gutter, sidewalk, and planter/furnishings strip as appropriate. c. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. Comment: The standard on alley access is carried forward from standard 5, Section VI: Driveway Apron and Curb Cuts, Ashland Street Standards. In the previous draft of the ULUO, the standards was included in 18- 4.6.030.K. 5.Alley Access. Where a property has alley access, vehicle access shall be taken from the alley and driveway approaches and curb cuts onto adjacent streets are not permitted. Comment: The standards in subsections 4-5 are carried forward from Section VI: Driveway Apron and Curb Cuts, Ashland Street Standards. In the previous draft of the ULUO, the standards were included in 18-4.6.030.K. D.Driveways and Turn-Around Design. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall be minimum of nine feet in width, and a shared driveway serving two units shall be a minimum of 12 feet in width. 2. Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in width. 3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to: facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety; be clearly and permanently marked and defined; and provide adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. 4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be minimized. 5. For single-family lots and multi-family developments, the number of driveway approaches and curb cuts shall not exceed one approach/curb cut per street frontage. For large multi-family developments and other uses, the number of approaches and curb cuts shall be minimized where feasible to address traffic safety or operations concerns. Comment: - a driveway enters garage or parking structure, and the building code will direct clearance there. The highlighted language exempts parking structures. The standards in sections 6-7 are carried forward from 18.68.160 Driveway Grade, and sections 6- 8 are relocated from 18-2.4.040 in the previous draft ULUO. 4. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13'6" for their entire length and width. Parking structures are exempt from this requirement. 5. Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in Section 18-2.4.050. 6. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the City of Ashland 4-48 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation driveway. If required by the City, the developer or owner shall provide certification of driveway grade by a licensed land surveyor. 7. All driveways shall be installed pursuant to City of Ashland standards prior to issuance of a certificate of occupancy for new construction. 8. Driveways for lots created or modified through a land division or property line adjustment, including those for flag lots, shall conform to the requirements of chapter 18-5.3. E. Parking and Access Construction. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphaltic, pervious paving, or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2. Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. 3. Driveway Approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and Hedges Comment: abuts a street. The change is recommended so that the screening requirement can be applied where a parking lot or driveway is next to a street (i.e., where it might impact pedestrians) but is not touching the right-of- a. Where a parking facility is adjacent to a street, a decorative masonry wall or evergreen hedge screen between 30 and 42 inches in height and a minimum of 12 inches in width shall be established parallel to and not nearer than two feet from the right-of-way line, pursuant to the following requirements: i. The area between the wall or hedge and street line shall be landscaped. ii. Screen planting shall be of such size and number to provide the required screening within 12 months of installation. iii. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. City of Ashland 4-49 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Comment: iv. Notwithstanding the above standards, the required wall or screening shall be designed to allow access to the site and sidewalk by pedestrians and shall meet the clear vision requirements in section 18-2.4.090. b. In all zones, except single-family zones, where a parking facility or driveway is adjacent to a residential or agricultural zone, school yard, or like institution, a sight-obscuring fence, wall, or evergreen hedge shall be provided, pursuant to the following requirements: i. The fence, wall or hedge shall be placed on the property line and shall be between five feet and six feet in height as measured from the high grade side of the property line, except that the height shall be reduced to 30 inches within a required setback area and within ten feet of a street property line. ii. Screen plantings shall be of such size and number to provide the required screening within 12 months of installation. iii. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking area. Comment: iv. Notwithstanding the above standards, the required wall or screening shall be designed to meet the clear vision requirements in section 18-2.4.090. v. The fence, wall or hedge shall be maintained in good condition. 7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than seven percent of the area devoted to outdoor parking facilities, including the landscaping required in subsection 6.a above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover or related material. A minimum of one tree per seven parking spaces is required. 8. Lighting. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. Lighting shall comply with section 18-4.4.050. City of Ashland 4-50 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation 18-4.3.090 Pedestrian Access and Circulation Comment: This section carries forward 18.92.090 Pedestrian Access and Circulation. A.Purpose. The purpose of Section 18-4.3.090 is to provide for safe, direct and convenient pedestrian access and circulation. B.Exceptions. Request to depart from the requirements of this section are subject to 18-5.2.050.D Exception to the Site Design and Development Standards C.Standards. Development subject to this Chapter, except single-family dwellings on individual lots and associated accessory structures, shall conform to the following standards for pedestrian access and circulation: 1. Continuous Walkway System. Extend the walkway system throughout the development site and connect to all future phases of development, and to existing or planned off-site adjacent sidewalks, trails, public parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to adjacent streets and to private property for this purpose. 2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient walkway connections between primary building entrances and all adjacent streets. For the purposes of this section, the following definitions apply: a. or a route that does not involve a significant amount of out-of-direction travel for likely users. b. direct means of walking between destinations. c. "Primary entrance" for a non-residential building means the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance. d. "Primary entrance" for a residential building is the front door (i.e. facing the street). For multifamily buildings and mixed-use buildings where not all dwelling units have an individual as a common entrance for more than one dwelling. 3. Connections within Development. Walkways within developments shall provide connections as required in subsections a -c, below: a. Connect all building entrances to one another to the extent practicable, as generally shown in Figure 18-4.3.090.A; b. Connect on-site parking areas, recreational facilities and common areas, as generally shown in Figure 18-4.3.090.A, and connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections; and Comment: Subsection is revised for consistency with changes to 18-4.3.080.B.4. City of Ashland 4-51 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation c. Install a protected raised walkway through parking areas of fifty (50) or more spaces, and where pedestrians must traverse more than 100 150 feet of parking area, as measured as an average width or depth. City of Ashland 4-52 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation Figure 18-4.3.090.A Pedestrian Pathway System (Typical) Figure 18-4.3.090.B Pedestrian Walkway Detail (Typical) . 4. Walkway Design and Construction Walkways shall conform to all of the standards in subsections 1-4, as generally illustrated in Figure 18-4.3.090.B. For transportation improvement requirements, refer to Section 18-4.5.020. Comment: The highlighted language in subsection a is revised to provide clarity regarding the flexibility about walkways abutting driveways in the interior of a development. This issue was discussed during the Pedestrian Places ordinance review. a. Vehicle/Walkway Separation. Except for crosswalks, per subsection 2, where a walkway abuts a driveway or street, it shall be raised six inches and curbed along the edge of the driveway. Alternatively, the city reviewing authority may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is distinguished from vehicle- maneuvering areas. Examples of alternative treatments are mountable curbs, surface treatments such as stamped concrete or reflector bumps, and using a row of decorative metal or concrete bollards to separate a walkway from a driveway. b. Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with contrasting paving materials (e.g., light-color concrete inlay between asphalt), which may be part of a raised/hump crossing area. Painted or thermo-plastic striping and similar types of non-permanent applications may be approved for crosswalks not exceeding 24 feet in length. c. Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, and at least five feet wide. Multi-use paths (i.e. for bicycles and pedestrians) shall be concrete or asphalt, and at least ten feet wide, in accordance with the section 18-4.5.030 Street Standards. d. Accessible routes. Walkways shall comply with applicable Americans with Disabilities Act (ADA) and State of Oregon requirements. The ends of all raised walkways, where the walkway intersects a driveway or street shall provide ramps that are ADA accessible, and walkways shall provide direct routes to primary building entrances. e. Lighting. Lighting shall comply with section 18-4.4.050. City of Ashland 4-53 Draft 3 November 2013 Land Use Ordinance 18-4.3 Parking, Access, and Circulation 18-4.3.100 Construction Comment: The required parking, access and circulations facilities, shall be installed prior to a release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a temporary certificate of use and occupancy and a temporary release of utilities before the installation of said facilities provided: (1) there is proof that the owner has entered into a contract with a qualified, bonded, and insured contractor for the completion of the parking, including walkways, landscaping, and other elements required by this chapter, within a specified time, and no other conditions of approval are outstanding; or (2) the owner has posted a satisfactory performance bond to ensure the installation of said parking facilities within a specified time. 18-4.3.110 Availability of Facilities Required parking, access and circulation shall be available for use by residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. City of Ashland 4-54 Draft 3 November 2013 Land Use Ordinance 3) 12/10/132 es those ğƦƦƌźĭğƼƚƓƭ ƷŷğƷ ƩĻƨǒźƩĻ site review approval (i.e. ƩĻƭźķĻƓƼğƌ than 10,000 square feet ƭĻƦğƩğƼƚƓ ƒğǤ ǞƚƩƉ ƚƓ larger commonly owned between building in the downtown are contrary !ķķźƼƚƓğƌƌǤͲ ƌğƩŭĻ ŭğƦƭ Page length in the detail site - developments greater different ownerships. ƒğƼĭ Large scale standards 4 (chapters 1 - in size or 100 feet in on smaller lots with family and non Comment sites, it is proble ƭźƷǒğƼƚƓƭ ĬĻƭźķWhile building development). review zone. - apply to non ƩĻƭźķĻƓƼğƌ - Part 18 - ƒǒƌƼ Title 18 Amendment Matrix maximum front setback is źƓƷĻƩƭĻĭƼƚƓƭͲ ƷŷĻ ĬǒźƌķźƓŭ wall shall be separated by connected by a common building. If buildings are located on the Proposed Amendment a distance equal to the otherwise required for on where a more than 240 feet in to line standard. shall comply with the not height of the tallest required, except as ƌĻƓŭƷŷͲ ƷŷĻ ƭĻƦğƩğƼ shall be 60 feet. same parcel and clear vision at Specifies that Buildings - build 4 Site Development and Design Standards Buildings not connected by tallest building. If buildings ƌĻƓŭƷŷͲ ƷŷĻ ƭĻƦğƩğƼƚƓ ƭŷğƌƌ specific maximum setback t in equal to the height of the separated by a distance a common wall shall be 9ǣźƭƼƓŭ {ƷğƓķğƩķ are more than 240 fee addressed outside of Issue is not clearly be 60 feet. standards. Design and Use Standards Large Scale Projects, Site !ķķźƼƚƓğƌ {ƷğƓķğƩķƭ ŅƚƩ 3 - - Code Reference C 18 - ЌğΜЌ͵Ͳ {ĻĭƼƚƓ LL 4.2.040.C.1.b 4.2.030.B.3 9ǣźƭƼƓŭʹ9ǣźƭƼƓŭʹ Unified: ULUO: - -N/A- C 1818 - II Code Amendment Category .ǒźƌķźƓŭ ƭĻƦğƩğƼƚƓ ŅƚƩ ƌğƩŭĻ development to line - scale Build 3) 12/10/133 Ʒƚ ĭƩĻğƼƓŭ ğ ƭƷƩĻĻƷ Ǟğƌƌ inimum FAR requires, ƩĻƭźķĻƓƼğƌ than 10,000 square feet Concern raised at focus ķźƭźƓĭĻƓƼǝĻ Ʒƚ ğķķźƓŭ ğ fourth story to buildings. A proposed change is to D that are 100 zones to be up to 55 feet ŭƩƚǒƦ ƒĻĻƼƓŭ ƷŷğƷ ƷŷĻ Page - length in the detail site and could result in the - developments greater ķĻǝĻƌƚƦƒĻƓƷ ƦğdžĻƩƓͲ allow buildings in the C Large scale standards placement of parking environment, disrupt 4 (chapters 1 ŅĻĻƷ ŅƩƚƒ ƩĻƭźķĻƓƼğƌ in size or 100 feet in in height (4 stories) ķźŕĭǒƌƼĻƭ ƒĻĻƼƓŭ aza/public space between buildings. Comment requirement is a and pedestrian ĭƚǒƌķ ƩĻƭǒƌƷ ƼƓ review zone. - the historic apply to non - - 1 - Part 18 1 and C pl m Title 18 Amendment Matrix square feet of gross floor One square foot of plaza Proposed Amendment or public space shall be required for every ten gross floor area of the . pt he exem except that t fourth floor is area, 4 Site Development and Design Standards One square foot of plaza or square feet of gross floor required for every ten 9ǣźƭƼƓŭ {ƷğƓķğƩķ public space shall be area. Design and Use Standards Site !ķķźƼƚƓğƌ {ƷğƓķğƩķƭ ŅƚƩ 3 - - Large Scale Projects, Code Reference 18 C - ЌĬΜЊͲ {ĻĭƼƚƓ LL 4.2.040.C.2.a 9ǣźƭƼƓŭʹ Unified: - - C 18 - II Code Amendment Category requirement for large scale Plaza/public space development 3) 12/10/136 type (i.e. van accessible the state building code, the Page which is more complex Disable Person Parking requirements refers to - Places and replacing it state model code. The language in 18.92.040 spaces is governed by required number and 4 (chapters 1 ķĻƌĻƼƓŭ ƷŷĻ ĻǣźƭƼƓŭ approach is used in language regarding a reference to requirements. This Staff recommends parking auto space) of Comment public assembly school parking requirements. building code accessible - Part 18 with vs. Title 18 Amendment Matrix Accessible parking shall be provided consistent with development and design standards for temporary reviewing authority may use, except that the city the requirements of the Proposed Amendment same as for the primary reduce or waive certain and requirement is one temporary uses are the Parking standards for space per four se1ts. building code. . uses 4 Site Development and Design Standards Provides table with number similar uses require one parking space per four Issue is not addressed. of required accessible 9ǣźƭƼƓŭ {ƷğƓķğƩķ spaces. seats. - Code Reference 18 18.92.030.B.8 4.3.0404.3.050 18.92.040 9ǣźƭƼƓŭʹ9ǣźƭƼƓŭʹ9ǣźƭƼƓŭʹ Unified:Unified: -N/A- 1818 Code Amendment Category Accessible parking spaces Required parking for es temporary us 3) 12/10/137 that the requirements in ordinance. For example, accessible parking is not kind of inconsistency has part of applicants. Also, requirements in the land of the complexity of the Page family dwellings in led to confusion on the use ordinance because replicate building code ƷǒğƼƚƓƭ͵ ŷźƭ - material and changing LŅ ƦƩƚƦĻƩƌǤ ƦƚƭźƼƚƓĻķͲ 4 (chapters 1 ƦƩƚĬƌĻƒğƼĭ Ʒƚ ƷƩǤ Ʒƚ required for one and ƷŷĻ ĻǣźƭƼƓŭ ƌğƓķ ǒƭĻ two spaces rack Comment - nts. it is generally the required u requireme provides certain si - Part 18 - two Title 18 Amendment Matrix site shared two bicycle parking spaces for commercial and public Proposed Amendment site parking to Requires a minimum of be reduced by 100% if - provided in off parking area. - Allow on 4 Site Development and Design Standards parking credit for every one Requires a minimum of one site shared parking fees for common - bicycle parking space for up to a 50% in required off parking are, or through street commercial and public space constructed in a 9ǣźƭƼƓŭ {ƷğƓķğƩķ - of - lieu - Provides one off - -street parking. designated off payment of in parking, for ƩĻķǒĭƼƚƓ - Code Reference 18 and E 4.3.060.E4.3.070.D 18.92.050.E 9ǣźƭƼƓŭʹ Unified:Unified: -- 1818 Code Amendment Category bicycle parking spaces site Minimum number of Parking management shared parking areas - strategies for off Memo TO: Planning Commission FROM: Bill Molnar, Community Development Director DATE: December 10, 2013 RE: Discussion of short term rentals in single family zoning districts On November 4, 2013, the City Council discussed issues related to permitting short term rentals on owner-occupied properties in single-family zoning districts. The Council requests the Commission provide recommendations on this item for Council consideration at a future date. If time permits, staff would like to start the discussion with the Commission by providing some background, describing some of the issues to consider and identifying additional concerns as well as potential outcomes. Included in your packet are some background materials to familiarize yourselves with past concerns. Attachments: November 4, 2013 Council Communication February 27, 2013 Planning Commission Memo to Council November 4, 2013 -foot Maps accompanying analysis Council Communication November 4, 2013, Study Session Discussion of short-term rentals in R-1 (single-family residential) zones FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The City of Ashland does not allow non-owner occupied houses to be rented for periods of less than 30 days in any of its residential zoning districts. These zones are referred to as R-1 (single family), R-2 (low-density multi-family) and R-3 (high-density multi-family). The City does, however, allow the short-term rental of individual rooms in a house or short-term rental of an accessory dwelling unit next to a house in R-2 and R-3 zones if the owner is living in the house or on the property. These rentals are not permitted in R-1 zones. The City Council has requested a study session discussion of whether to amend the land use code to allow for these or other types of short-term rentals in R-1 zones. In addition, at its September 17 meeting, the Council requested additional information about a -2 and R-tions to be located within 200 feet of an arterial or major street. Staff will present its findings at this study session. BACKGROUND AND POLICY IMPLICATIONS: A brief history of the short-term rental issue s for lodging facilities in R-2 and R-3 residential zones only if the property or business owner is on-site. These lodging facilities typically take the form of a bed & breakfast, in which the homeowner rents out individual rooms in his/her house for short-term stays, and vacation cottages, which are accessory structures to a house in which the owner lives. These lodging facilities are not permitted in R-1 (single-family) zones. The City has had an ongoing problem with illegal lodging facilities in all of its residential zones. These facilities, which operate without conditional use permits or business licenses and without paying transient occupancy tax, will often advertise on web sites such as VRBO.com or AirBnB.com, making them relatively easy to find for code enforcement purposes. Since May of 2012, when the City began more vigorous code enforcement efforts with regard to illegal lodging facilities, about 70% of the code enforcement actions have been targeted at facilities in R-1 zones. In August of 2012, the City launched what became a more-than-year-long process to examine the -owner occupied short-term rentals in R-2 and R-3 zones and whether to allow short-term rentals of any kind in R-1 zones. In February 2013, the Planning Commission, after studying the issue, recommended that -term rentals in the single family (R- Page 1 of 4 Planning Commission then developed and sent to the City Council ordinances that would have allowed for non-owner occupied short term rentals in R-2 and R-3 zones. With these ordinances came a feel this is an issue that should be explored and areas for the R-1 seasonal short-term home rentals within the R-1 single-family The Council considered these ordinances at its July 16 business meeting and again at its August 19 study session, ultimately deciding not to remove the owner-occupancy requirement from the R-2 and R-3 zoning code. At the August 19 study session, Council requested another study session to discuss whether to allow short-term rentals in R-1 zones. In addition, when the Council adopted the ordinances amending the land use code with regard to R-2 and R-3 zones at its September 17 business meeting, the Council directed staff to provide an analysis of the rationale of the requirement that expanding and eliminating that restriction and the traffic impacts thereof. Impacts of -1 zoning districts -1 zones would be. Impacts include traffic, loss of neighborhood character and loss of long-term rental R-1 zone, then the loss of long-term rental housing is largely moot. There are currently 5,305 parcels in R-1 zones. If we assume that the number accommodations that would be offered, if legal, would be equal to the number of illegal units that have received code enforcement letters since May of 2012, that would be 50 units, or less than 1% of the parcels in R-1. However, that number is likely to be smaller if the Council requires a conditional use permit, since many homeowners will probably not go through the effort and expense of obtaining a CUP. There are currently 2,710 parcels in R-1 zones located within 200 feet of an arterial or major 26 units. Again, however, the number could be smaller if a CUP is required. Staff believes traffic impacts would be de minimis. Lodging guests do not generate as much ancillary traffic as a homeowner does (delivery trucks, visitors, etc.) and do not come and go during the day as much 100% occupancy throughout the year. Occupancy rates are more likely to be in the same range as and vacation cottages in R-2, R-3, E-1 and C-1 zones (11% Jan.- Mar. 2013 and 61% July Sept. 2012), meaning the average daily traffic count of visitors in an R-1 zone, if spread over the course of an entire year, is arguably negligible. The Institute of Transportation Engineers Trip Generation Manual does not provide an average daily traffic count for this kind of facility, so staff instead asks: Will the proposed use generate more or less traffic than other types of uses that might be allowed in the zone, such as a home occupation business? In this case, we believe The average daily traffic count from a short-term rental unit in a single family home is likely to be similar to the ITE Manual count for a sleeping accommodation in a motel with no restaurant: seven to nine trips per day, depending on the day of the week. dgment call the Council will have to make. Staff by and large agrees with the argument that the impact on neighborhood Page 2 of 4 character of a visitor to an owner-occupied a visitor to a home occupation business that is a permitted use in an R-1 zone. Though not a land-use consideration, Council may wish to consider the impact on existing, permitted facilities of allowing additional lodging facilities in Ashland. Supporters of this change argue that trav- accommodations and that their customers are not choosing between facilities in R-1 zones and elsewhere in the City; rather they are choosing between these facilities or not staying in Ashland at all. On the other hand, operators of existing lodging facilities, during the recent debate over short-term home rentals, repeatedly asked for proof that there is unmet demand in Ashland. Staff is unable to identify such proof. This debate can be summarized as a question that staff is unable to answer, which - offer an alternative to a customer who would otherwise not answer either question with the data available to us. We do know that the most recent occupancy figures for Ashland accommodations, but presence of illegal, unpermitted lodging facilities. The 200-foot requirement in R-2 and R-3 and the impacts of changing it. Attached to this Council Communication is a memo from Community Development Director Bill Molnar that offers the analysis requested by the Council. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: There is a fundamental question at play: Is the Council willing to consider amendments to the zoning code in order to allow short-term rentals in R- there is no need for any further study session discussion, since there would be no need to work on an this study session time to discuss the parameters it wishes to place around short-term rentals in R-1 zones, with the understanding that, like all land-use ordinances, this must go back to the Planning Commission for a recommendation. (The Council certainly has the option of letting the Planning Commission develop that recommendation without any pre-determined parameters.) Questions the Council might consider include: 1. -2 and R-3 zones simply be expanded to apply to R-1 zones? This would include requirements that, a. R-1 b. R- c. Homeowner must live on the property. -1 zone be limited to a single unit/room in the house, or could an owner rent out multiple rooms, like a bed & breakfast? etached building, such as a detached garage or other permitted accessory structure (e.g., a guest house)? accommodation, either by season (perhaps June through September) or the total number of days within a calendar year (e.g., 90 days)? Page 3 of 4 SUGGESTED MOTION: N/A ATTACHMENTS: Planning Commission recommendation, February 27, 2013 Planning Commission meeting minutes, June 11, 2013 Memo from Bill Molnar with maps Page 4 of 4 Memo TO:Mayor and Council FROM:Bill Molnar, Community Development Director DATE:November 4, 2013 RE:Travelers Accommodations –Analysis of 200-foot standard(18.24.030 & 18.28.030) Background The currenttraveler's accommodation ordinance dates back to the late 1970's. The original language of the Municipal Codespecified thatlocation of atraveler's accommodation must be within 200feet of a major street, either an arterial or collector. While the rationale for the 200-foot requirement could not be confirmed through a review of the code's legislative history, it is believed that the objective was to direct non-local, visitor traffic to major streets in order to minimizeimpacts up localneighborhoodstreets. Under the standard, arriving guests can expect to find their destination within approximately a half block after turning off a higher order city street, and can conveniently retrace the same route upon departure. At the September 17, 2013 meeting, Council directed staff to provide an analysis of the existing traveler’s accommodation standard that limits the location of traveler’s accommodations to within 200- feet of a boulevard,avenue or neighborhood collector.This memorandum highlights the findings resulting from potential changes to the standard, including scenarios that increase the standard to 300 and 400feet, as well as eliminating the requirement. The summary with accompanying maps identifyall properties zoned R-2 and R-3and within 200feet of a major street, thereby making the property eligible to make application for a conditional use permit. Additionally, staff has shown how the number of potentially eligible properties increases, as the distance allowance from a major street increases or is eliminated. Summary of Findings A.Changes in the total number of eligible properties NOTE: There are 2,126 properties zoned R-2 and R-3. 1.Within 200feet of a boulevard, avenue or neighborhood collector (attachment 1) 1,507eligible properties 2.Within 300feet of a boulevard, avenue or neighborhood collector(attachment 2) Bill Molnar, Director Community Development Department molnarb@ashland.or.us 541.552.2042 1,868 eligible properties 361 increase(24%)in the number of eligible properties 3.Within 400feet of a boulevard, avenue or neighborhood collector(attachment 3) 2,026eligible properties 519increase (34%) in the number of eligible properties 4.Elimination of standard –norestriction on location(attachment 4) 2,126 eligible properties 619 increase(41%)in the number of eligible properties B.Potential changes in geographic distribution of TAs Using the information above, staff estimated the number of new traveler’s accommodations that could potentially beestablishedundereach scenario. Out of the existing 1,507 properties within 200 feet of a boulevard, avenue or neighborhood collector, 39 (2.6%) of the properties have a conditional use permit to operate a traveler’s accommodation. Additionally, 34 of the 39 (88%) are located within one of Ashland’s four National Historic Districts. Applying these percentages to the three additional scenarios yields the following results. Table -R-2 and R-3 zoned properties Distance # of properties# of traveler’s # of traveler’s # of traveler’s from a major accommodationaccommodation accommodations w/in streetestablishmentsunits/roomsHistoric District 200’150739 (existing)122 units/rooms (existing)34 (existing) 300’186148 (projected)150units/rooms(estimate)42 (estimate) 400’202653 (projected)166 units//rooms (estimate47 (estimate) no restriction212656 (projected)175units/room (estimate)49 (estimate) Conclusions The number of approved traveler’s accommodation establishments (39) in R-2 and R-3 zoning districts represents 2.6% of the total number of properties within 200feet of a boulevard, avenue or neighborhood collector. Applying the same percentage, staff has projected potential increases in the number of traveler’s accommodations under three different scenarios, 300feet, 400feet and elimination of the standard.If the standard is eliminated, the number of traveler’s accommodation establishments could be assumed to increase by 17(44%), from 39 to 56,adding an additional 53 units/rooms. Also,15 of the 17 new traveler’s accommodations can be expected to locate within an approximately 10 to 15 minute walk of the downtown, in one of four historic districts.This is merely an assumption based upon Bill Molnar, Director Community Development Department molnarb@ashland.or.us 541.552.2042 the number and location of existing traveler’s accommodations.Clearly there are other factors that have a greater influence onanincrease or decline in the total number of establishments. The city’s Comprehensive Plan describes a variety of uses that, under different conditions, can be appropriate within R-2 and R-3 zones, including multi-family and single family residences, home occupations, professional offices, and home-oriented retail businesses in the historic Railroad District. The Comprehensive Plan recommends the conditional use permit process for evaluating a variety of non-residential usesand as a way of supportinga more “interesting and exciting” neighborhood, as long as the number and location do not disrupt the residential character. The information provided may be an indication to some that relaxation or removal of the 200-foot standard would not lead to significant growth in owner-occupied traveler’s accommodations. Such a conclusion, however, should be balanced byconsidering the entire list of conditional uses permitted in the R-2 and R-3 zone, impacts on existing neighborhood character based upon the number and concentration of conditional usesand the potential reduction in long term rental housing, especially within walking distance to routine services and public transit. Attachments: R-2 and R-3 properties with 200-feet of a boulevard, avenue or neighborhood collector (map) R-2 and R-3 properties with 300-feet of a boulevard, avenue or neighborhood collector (map) R-2and R-3 properties with 400-feet of a boulevard, avenue or neighborhood collector (map) All R-2 and R-3 properties (map) Bill Molnar, Director Community Development Department molnarb@ashland.or.us 541.552.2042 K NOLL TS K NOLL TS K NOLL TS K NOLL TS