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HomeMy WebLinkAbout2020-05-26 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please fill out a Speaker Request Form and place it in the Speaker Request Box by staff. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING May 26, 2020 AGENDA Held Electronically; View on Channel 9 or Channels 180 and 181 (for Charter Communications customers) or live stream via rvtv.sou.edu select RVTV Prime. V PC-public-testimony@ashland.or.us both general public forum items and agenda items as long as they are submitted with the subject line: May 26th Planning Commission Meeting Testimony before Monday, May 25 at 10:00 A.M. Written testimonies submitted by the deadline will be available to the Planning Commission before the meeting and will be included in the meetings minutes. I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. PUBLIC FORUM IV.TYPE II PUBLIC HEARINGS (Please note: The record and public hearing is closed on this . matterThe Planning Commission's consideration of this item will be limited to their deliberation and decision. No further submittals (evidence or argument) will be accepted into the record.) A. PLANNING ACTION: #PA-T2-2020-00017 SUBJECT PROPERTY: 210 Alicia Street OWNER/APPLICANT: David Scott Construction, LLC DESCRIPTION: A request for Outline Plan subdivision and Site Design Review approvals for a 12- unit, 13-lot Cottage Housing Development for the property located at 210 Alicia Street. The application also requests a Tree Removal Permit to remove two trees including one 36-inch diameter multi-trunked Willow tree proposed to be removed as a hazard, and a 20-inch Plumtree proposed to be removed to accommodate driveway installation. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1- LOT #: 1700. V. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PA-L-2020-00008 APPLICANT: City of Ashland DESCRIPTION: A public hearing on ordinance amendments to the Ashland Land Use Ordinance to update and clarify the open space requirements and design standards for multifamily and single-family housing developments, and to correct terminology related In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please fill out a Speaker Request Form and place it in the Speaker Request Box by staff. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. to open space and other minor wording edits. The proposed amendments include two ordinances: 1) An ordinance amending Chapters 18.2.5 Standards for Residential Zones, 18.3.9 Performance Standards Option and PSO Overlay, 18.4.2 Building Placement, Orientation, and Design, 18.4.4 Landscaping, Lighting, and Screening, and 18.6 Definitions of the Ashland Land Use Ordinance to amend the open space requirements and design standards, and 2) an ordinance amending chapters 18.2.2 Base Zones and Allowed Uses, 18.2.3 Special Use Standards, 18.2.5 Standards for Residential Zones, 18.3.2 Croman Mill District, 18.3.4 Normal Neighborhood District, 18.3.5 North Mountain Neighborhood District, 18.3.9 Performance Standards Option and PSO Overlay, 18.3.10 Physical and Environmental Constraints Overlay, 18.3.11 Water Resources Protection Zones (Overlays), 18.3.14 Transit Triangle Overlay, 18.4.2 Building Placement, Orientation, and Design, 18.4.2 Parking, Access, and Circulation, 18.4.4 Landscaping, Lighting, and Screening, 18.4.5. Tree Preservation and Protection, 18.4.6. Public Facilities, 18.5.2 Site Design Review, 18.5.3 Land Divisions and Property Line Adjustments, and 18.5.7 Tree Removal Permits of the Ashland Land Use Ordinance for consistency in terminology related to open space and other minor wording edits. VI.OTHER BUSINESS A. Election of Officers. VII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING DIVISION STAFF REPORT Addendum May 26, 2020 PLANNING ACTION: PA-L-2020-00008 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.2.5 Standards for Residential Zones AMC 18.3.9 Performance Standards Option and PSO Overlay AMC 18.4.2 Building Placement, Orientation, and Design AMC 18.4.4 Landscaping, Lighting, and Screening AMC18.6.1 Definitions REQUEST: The proposal includes a series of amendments to the Ashland Municipal Code (AMC) Title 18 Land Use to update and clarify the open space requirements for multifamily and single-family housing developments. The area and design requirements for open space are consolidated in one section in AMC 18.4.4 Landscaping, Lighting, and Screening. Currently, the standards are located in AMC 18.3.9 Performance Standards Option and PSO Overlay and AMC 18.4.2 Building Placement, Orientation, and Design. The total amount of required open space is unchanged. New design standards are proposed and the existing design standards for open space are retained. The density bonus for major recreational facilities is deleted. The definitions for common area, open space and yard are revised to eliminate inconsistent use of the term open space. Several new definitions area included and the definition of unbuildable area and buildable area are revised to correct an unintended omission in the 2015 code update. Finally, the draft amendments include a second ordinance that has minor edits and corrections to terminology throughout Title 18 Land Use to provide consistency in the use of the terms open space and parks. The edits primarily consistent of distinguishing common open space, private open space, public open space or parks, and the use of open space as a general term. Planning Action PA-L-2020-00008 Ashland Planning Division Staff Report Applicant: City of Ashland Page 1 of 4 I. Ordinance Amendments A. Revisions after April 28, 2020 Meeting The Planning Commission held a public hearing and discussed the proposed ordinance amendments at the April 28, 2020 meeting. Staff revised Ordinance 1 based on the discussion at the April 28 meeting and those changes are described below. Ordinance 1 The first ordinance includes the primary and substantive changes to the open space standards. The first ordinance is titled ORDINANCE AMENDING CHAPTERS 18.2.5 STANDARDS FOR RESIDENTIAL ZONES, 18.3.9 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY, 18.4.2 BUILDING PLACEMENT, ORIENTATION, AND DESIGN, 18.4.4 LANDSCAPING, LIGHTING, AND SCREENING, AND 18.6 DEFINITIONS OF THE ASHLAND LAND USE ORDINANCE TO AMEND THE OPEN SPACE The changes to Ordinance 1 that were made after the April 28 meeting are highlighted. The primary issues identified in the Planning Commission discussion were: 1)including references to the consolidated open space standards in the new section 18.4.4.070, 2) clarifying that density bonuses do not apply to courage housing developments in 18.3.9.050.A.2, and 3) revising the standard in 18.4.4.070.C.a on surfacing of common open space. In addition, staff revised and inserted graphics for common and private open space, and added several clarifications in 18.4.4.070 including: 1) identifying common open space for the use of residents in 18.4.4.070.B.5, 2) clarifying that pedestrian connections and natural features could be located in required buffer or perimeter yard areas, and 3) clarifying that play areas and credit for proximity to parks applies to the multi-family zones in 18.4.4.070.C.6. Ordinance 2 The second ordinance is focused on consistent use of terminology related to open space through Title 18 Land Use. The second ordinance is titled ORDINANCE AMENDING CHAPTERS 18.2.2 BASE ZONES AND ALLOWED USES, 18.2.3 SPECIAL USE STANDARDS, 18.2.5 STANDARDS FOR RESIDENTIAL ZONES, 18.3.2 CROMAN MILL DISTRICT, 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, 18.3.5 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT, 18.3.9 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY, 18.3.10 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS OVERLAY, 18.3.11 WATER RESOURCES PROTECTION ZONES (OVERLAYS), 18.3.14 TRANSIT TRIANGLE OVERLAY, Planning Action PA-L-2020-00008 Ashland Planning Division Staff Report Applicant: City of Ashland Page 2 of 4 18.4.2 BUILDING PLACEMENT, ORIENTATION, AND DESIGN, 18.4.3 PARKING , ACCESS, AND CIRCULATION, 18.4.4. LANDSCAPING, LIGHTING, AND SCREENING, 18.4.5 TREE PRESERVATION AND PROTECTION, 18.4.6 PUBLIC FACILITIES, 18.5.2 SITE DESIGN REVIEW, 18.5.3 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS AND 18.5.7 TREE REMOVAL PERMITS OF THE ASHLAND LAND USE ORDINANCE FOR CONSISTENCY IN TERMINOLOGY RELATED TO OPEN Ordinance 2 is unchanged since the April 28 meeting except that highlights were added to the lengthy document to make proposed amendments more visible. B. Project Background The Planning Commission held a public hearing on April 28, 2020 and did not receive any oral or written testimony. The public hearing was continued at the May 12, 2020 meeting to the May 26, 2020 meeting. The Planning Commission discussed amendments to the open space standards at five public meetings including January 22, 2019, March 26, 2019, August 27, 2019, October 22, 2019 and February 25, 2019. The Planning Commission initiated the legislative amendment to amend the open space standards at the October 22, 2019 meeting. The Planning Commission began reviewing the open space amendments because of difficulties in applying the standards to several planning applications for housing developments in the multifamily zones. In addition, each year the Commission has an annual retreat and visits completed projects that received a planning approval. The Commission observed the finished open spaces to the site visits and noted reoccurring problems with the design and functionality of the open spaces. Finally, staff continues to receive questions from development and design professionals regarding the open space standards. II. Procedural 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth Planning Action PA-L-2020-00008 Ashland Planning Division Staff Report Applicant: City of Ashland Page 3 of 4 boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. III. Conclusions and Recommendations If the Planning Commission recommends approval of the attached ordinances, staff will forward the recommendation to the City Council for a public hearing. The draft amendments to the open space standards and accompanying terminology corrections are tentatively scheduled for a public hearing and first reading at the June 16, 2020 City Council meeting. Planning Action PA-L-2020-00008 Ashland Planning Division Staff Report Applicant: City of Ashland Page 4 of 4 1 ORDINANCE NO. 2 AN ORDINANCE AMENDING CHAPTERS 18.2.5, 18.3.9, 18.4.2, 18.4.4 AND 18.6 OF THE ASHLAND LAND USE ORDINANCE TO AMEND THE 3 OPEN SPACE STANDARDS 4 5 Annotated to show deletions and additions to the Ashland Municipal Code sections being 6 bold lined throughbold underlined. modified. Deletions are , and additions are 7 8 WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: 9 Powers of the City The City shall have all powers which the constitutions, statutes, and common 10 law of the United States and of this State expressly or impliedly grant or allow municipalities, as 11 fully as though this Charter specifically enumerated each of those powers, as well as all powers 12 not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter 13 specifically granted. All the authority thereof shall have perpetual succession. 14 15 WHEREAS, the above referenced grant of power has been interpreted as affording all 16 legislative powers home rule constitutional provisions reserved to Oregon Cities. City of 17 20 Or. App. 293; 18 531 P 2d 730, 734 (1975); and 19 20 WHEREAS , the City of Ashland Planning Commission considered the above-referenced 21 recommended amendments to the Ashland Comprehensive Plan at a duly advertised public 22 hearings on April 28, 2020 and May 26, 2020, and following deliberations, recommended 23 approval of the amendments by a vote of #-#; and 24 25 WHEREAS , the City Council of the City of Ashland conducted a duly advertised public hearing 26 on the above-referenced amendments on (date); and 27 28 WHEREAS , the City Council of the City of Ashland, following the close of the public hearing 29 and record, deliberated and conducted first and second readings approving adoption of the 30 Ordinance in accordance with Article 10 of the Ashland City Charter; and 119 ORDINANCE NO. # Page of WHEREAS 1 , the City Council of the City of Ashland has determined that in order to protect and 2 benefit the health, safety and welfare of existing and future residents of the City, it is necessary 3 to amend the Ashland Land Use Ordinance in the manner proposed, that an adequate factual base 4 exists for the amendments, the amendments are consistent with the Ashland Comprehensive Plan 5 and that such amendments are fully supported by the record of this proceeding. 6 7 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. 8 Ashland Municipal Code Title 18 Land Use is hereby amended as follows. 9 SECTION 2. Section 18.2.5.080 \[Residential Density Calculation in R-2 and R-3 Zones - 10 Standards for Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read 11 as follows: 12 18.2.5.080 Residential Density Calculation in R-2 and R-3 Zones 13 A. Density Standard. Except density gained through bonus points under section 18.2.5.080 or 14 chapter 18.3.9 Performance Standards Option, development density in the R-2 and R-3 zones shall not exceed the densities established by this section. 15 B. Density Calculation. 16 1. Except as specified in the minimum lot area dimensions below, the density in R-2 an R-3 17 zones shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public, and subject to the exceptions below. 18 2. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the 19 purposes of density calculations. 20 3. Accessory residential units are not required to meet the density or minimum lot area 21 requirements of this section. See section 18.2.3.040 for accessory residential unit standards. 22 C.Minimum Density. 23 1. The minimum density shall be 80 percent of the calculated base density. 24 2. Exceptions to minimum density standards. The following lots are totally or partially 25 exempt from minimum density standards. 26 a. Lots less than 10,000 sq. ft. in existence prior to the effective date of this ordinance. 27 b. Lots located within any Historic District designated within the Ashland Municipal 28 Code. c. Lots with existing or proposed conditional uses may be exempt for that portion of the 29 property that is subject to the conditional use for calculations of the minimum base 30 density standard. d. Where a lot is occupied by a single-family residence January 9, 2005 (Ord. 2914), 219 ORDINANCE NO. # Page of 1 the single-family residence may be enlarged or reconstructed without being subject to the minimum base density standard. 2 e. In the event that a fire or natural hazard destroys a single-family residence, such 3 residence may be replaced without being subject to the minimum base density standard. 4 f. Where floodplains, streams, land drainages, wetlands, and/or steep slopes exist 5 upon the lot an exception to minimum density requirements may be obtained to 6 better meet the standards of chapter 18.3.10 Physical and Environmental Constraints. 7 g. A lot that is nonconforming in minimum density may not move further out of 8 conformance with the minimum density standard. However, units may be added to 9 the lot which bring the lot closer to conformance without coming all the way into conformance provided it is demonstrated that the minimum density will not be 10 precluded. 11 D.Base Densities and Minimum Lot Dimensions. 12 1. R-2 Zone. Base density for the R-2 zone shall meet the following standards: 13 a. Minimum lot area for one unit shall be 5,000 square feet, except as allowed in 14 section 18.2.3.040 for accessory residential units. 15 b. Minimum lot area for two units shall be 7,000 square feet. 16 c. Minimum lot area for three units shall be 9,000 square feet, except that the residential density bonus in subsection 18.2.5.080.F, below, may be used to increase 17 density of lots greater than 8,000 square feet up to three units. 18 d. For more than three units, the base density shall be 13.5 dwelling units per acre. The 19 permitted base density shall be increased by the percentage gained through the residential density bonus is subsection 18.2.5.080.F. 20 2. R-3 Zone. Base density for the R-3 zone shall meet the following standards: 21 a. Minimum lot area for one unit shall be 5,000 square feet, except as allowed in 22 section 18.2.3.040 for accessory residential units. 23 b. Minimum lot area for two units shall be 6,500 square feet. 24 c. Minimum lot area for three units shall be 8,000 square feet. 25 d. For more than three units, the base density shall be 20 dwelling units per acre. The permitted base density shall be increased by the percentage gained through the 26 residential density bonus is subsection 18.2.5.080.F, below. 27 E. Exceptions. An accessory residential unit is not required to meet density or minimum lot 28 area requirements per section 18.2.3.040. 29 F. Residential Density Bonus. 30 1. Density Bonus Points Authorized. Except as allowed under chapter 18.3.9 Performance Standards Option, the permitted base density shall be increased only pursuant to this section. 319 ORDINANCE NO. # Page of Density 2. Maximum Bonus Points. The total maximum bonus permitted shall be 60 1 percent. 2 Density 3. Bonus Point Criteria. The following bonuses shall be awarded: 3 a. Conservation Housing. The maximum bonus for conservation housing is 15 percent. 4 One hundred percent of the homes or residential units approved for development, density after bonus point calculations, shall meet the minimum requirements for 5 certification as an Earth Advantage home, as approved by the Conservation Division 6 under the Citys Earth Advantage program as adopted by resolution 2006-6. 7 b. Common OpenOutdoor Recreation Space. The maximum bonus for provision of common openoutdoor recreationabove minimum requirement space 8 established by this ordinanceA one percent bonus shall be is ten percent. 9 awarded for each one percent of the total project area in common open space in excess of any common or private open space required by section 18.4.4.070 10 and this ordinance. The common open space shall meet the standards in 11 section 18.4.4.070. he purpose of the density bonus for outdoor recreational T space is to permit areas that could otherwise be developed as a recreational 12 amenity. It is not the purpose of this provision to permit density bonuses for 13 incidental open spaces that have no realistic use by project residents on a day-to-day basis. One percent increased density bonus for each percent of the 14 project dedicated to outdoor recreation space beyond the minimum 15 requirement of this ordinance. 16 c. The maximum bonus for provision of major Major Recreational Facilities. recreational facilities is ten percent. Density bonus points shall be awarded for 17 the provision of major recreational facilities, such as tennis courts, swimming 18 pools, playgrounds, or similar facilities. For each one percent of the total project cost devoted to recreational facilities, a six percent density bonus shall 19 be awarded to a maximum of ten percent. Total project cost shall be defined as 20 the estimated sale price or value of each residential unit times the total number of units in the project. Estimated value shall include the total market value for 21 the structure and land. A qualified architect or engineer using current costs of 22 recreational facilities shall estimate the cost of the recreational facility for City review and approval. 23 dc . Affordable Housing. The maximum bonus for affordable housing is 35 percent. 24 Developments shall receive a density bonus of two units for each affordable housing 25 unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in accord with the standards of section 18.2.5.050. 26 27 SECTION 3. Section 18.3.9.050 \[Performance Standards for Residential Developments - 28 Performance Standards Option and PSO Overlay\] of the Ashland Land Use Ordinance is hereby 29 amended as follows: 30 18.3.9.050 Performance Standards for Residential Developments A. Base Densities. The density of the development shall not exceed the density established 419 ORDINANCE NO. # Page of 1 by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of 2 the final answer, after bonus point calculations, shall not apply towards the total density. 3 Accessory residential units are not required to meet the density requirements of this chapter in accordance with section 18.2.3.040. 4 5 1. The base density, for purposes of determining density bonuses allowed under this 6 section, for developments other than cottage housing, is as provided in Table 18.3.9.050. 7 8 Table 18.3.9.050.A.1 Base Densities for Determining Allowable 9 Density Bonus with Performance Standards Option 10 Zone Allowable Density 11 (dwelling units per acre) 12 WR-2 0.30 du/acre 13 WR-2.5 0.24 du/acre WR-50.12 du/acre 14 WR-10 0.06 du/acre 15 WR-200.03 du/acre 16 RR-1 17 0.60 du/acre 18 RR-.5 1.2 du/acre 19 R-1-10 2.40 du/acre 20 R-1-7.5 3.60 du/acre 21 R-1-5 4.50 du/acre 22 R-1-3.5 7.2 du/acre 23 R-2 13.5 du/acre 24 R-320 du/acre 25 26 2. Cottage Housing. The base density for cottage housing developments, for purposes of 27 determining density bonuses, allowed under this section is as provided in Table 28 Cottage housing developments are not eligible for density bonuses 18.3.9.050.A.2. pursuant to subsection 18.3.9.050.B. 29 30 519 ORDINANCE NO. # Page of 1 2 Table 18.3.9.050.A.2 Base Densities for Determining Allowable Density Bonus with Performance Standards Option 3 Minimum 4 number of Maximum number Minimum lot size Maximum Maximum cottages per of cottages per (accommodates 5 ZonesCottage Floor Area cottage cottage housing minimum number DensityRatio (FAR) housing developmentof cottages) 6 development 7 1 cottage R-1-5, dwelling unit per 8 NN-1-5 3127,500 sq.ft.0.35 2,500 square NM-R-5 feet of lot area 9 1 cottage 10 R-1-7.5 dwelling unit per 31211,250 sq.ft.0.35 NM-R-1-7.53,750 square 11 feet of lot area 12 13 14 Common subject to this section 3. Open Space Required. All developments with a base common open space density of ten units or greater shall be required to provide 15 pursuant to section 18.4.4.070. a minimum of five percent of the total lot area in 16 Open Space; that area is not subject to bonus point calculations, however, density bonuses shall be awarded to open space in excess of the five percent required by 17 this subsection . 18 B. Density Bonus Point Calculations. The permitted base density shall be increased by the 19 density percentage gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. The maximum density bonus permitted shall be 60 20 percent (base density x 1.6), pursuant to the following criteria. 21 1. Conservation Housing. A maximum 15 percent bonus is allowed. One-hundred percent 22 of the homes or residential units approved for development, after bonus point calculations, shall meet the minimum requirements for certification as an Earth 23 Advantage home, as approved by the Ashland Conservation Division under the Citys 24 Earth Advantage program as adopted by resolution 2006-06. 25 Provision of 2. Common Open Space. A maximum ten percent bonus is allowed, pursuant to the following. 26 a. Purpose. Common open spaces may be provided in the form of natural areas, 27 wetlands, playgrounds, active or passive recreational areas, and similar areas in 28 All areas set aside for common open space may be common ownership. counted for base density, unless otherwise excluded by subsection 29 18.3.9.050.A.2. However, for the purposes of awarding density bonus points, the 30 Planning Commission shall consider whether or not the common open space is a significant amenity to project residents, and whether project residents will realistically common The purpose of the interact with the open space on a day-to-day basis. 619 ORDINANCE NO. # Page of density bonus for common open space is to permit areas, which could 1 otherwise be developed or sold as individual lots, to be retained in their 2 natural state or to be developed as a recreational amenity. It is not the 3 purpose of this provision to permit density bonuses for incidental open spaces that have no realistic use by project residents on a day-to-day basis. Open 4 space provided in cottage housing developments, meeting the standards of 5 section 18.2.3.090 Cottage Housing, is not eligible for density bonus points. b. Standard. Developments with fewer than ten units that provide more than two 6 percent of the project area for common open space, or for developments of ten units 7 common or greater that provide more than five percent open space, a one percent 8 bonus shall be awarded for each one percent of the total project area in common in excess of any common open space required by section open space 9 18.4.4.070 and this ordinance. The common open space shall meet the 10 standards in section 18.4.4.070. 3. Provision of Major Recreational Facilities. A maximum ten percent bonus is 11 allowed, pursuant to the following. 12 a. Points may be awarded for the provision of major recreational Purpose. 13 facilities. 14 b. For each percent of total project cost devoted to recreational Standard. facilities, a six percent density bonus may be awarded up to a maximum of ten 15 percent bonus. Total project cost shall be defined as the estimated sale price 16 or value of each residential unit times the total number of units in the project. Estimated value shall include the total market value for the structure and land. 17 A qualified architect or engineer shall prepare the cost of the recreational 18 facility using current costs of recreational facilities. 19 c Major recreational facilities provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, are not eligible 20 for density bonus points. 21 43 . Affordable Housing. A maximum bonus of 35 percent is allowed. Developments shall 22 receive a density bonus of two units for each affordable housing unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in 23 accordance with the standards of section 18.2.5.050 Affordable Housing Standards. 24 25 SECTION 4. Section 18.4.2.030 \[Residential Development Building Placement, Orientation, 26 and Design\] of the Ashland Land Use Ordinance is hereby amended as follows: 27 18.4.2.030 Residential Development 28 A. Purpose and Intent. For new multi-family residential developments, careful design considerations must be made to assure that the development is compatible with the 29 surrounding neighborhood. For example, the use of earth tone colors and wood siding will 30 blend a development into an area rather than causing contrast through the use of overwhelming colors and concrete block walls. 1. Crime Prevention and Defensible Space. 719 ORDINANCE NO. # Page of 1 a. Parking Layout. Parking for residents should be located so that distances to dwellings are minimized. However, avoid designs where parking areas are 2 immediately abutting dwelling units because there is little or no transition from public 3 to private areas. Parking areas should be easily visible from adjacent areas and windows. 4 b. Orientation of Windows. Windows should be located so that vulnerable areas can be 5 easily surveyed by residents. 6 c. Service and Laundry Areas. Service and laundry areas should be located so that they can be easily observed by others. Windows and lighting should be incorporated 7 to assure surveillance opportunities. Mail boxes should not be located in dark 8 alcoves out of sight. Barriers to police surveillance such as tall shrubs and fences should be avoided. 9 d. Hardware. Reliance solely upon security hardware in lieu of other alternatives is 10 discouraged. 11 e. Lighting. Site development should utilize lighting prudently. More lighting does not 12 necessarily mean better security. Lighting should be oriented so that areas vulnerable to crime are accented. 13 f. Landscaping. Plant materials such as high shrubs should be placed so that 14 surveillance of semi-public and semi-private areas is not blocked. Thorny shrubs will 15 discourage crime activity. Low shrubs and canopy trees will allow surveillance, hence, reduce the potential for crime. 16 B. Applicability. Except as otherwise required by an overlay zone or plan district, the following 17 standards apply to residential development pursuant to section 18.5.2.020. See conceptual 18 site plan of multi-family development in Figure 18.4.2.030. 19 1. Accessory Residential Units. Unless exempted from Site Design Review in 18.2.3.040.A, only the following standards in Chapter 18.4.2 apply to accessory residential units: 20 building orientation requirements in 18.4.2.030.C, garage requirements in 18.4.2.030.D, 21 and building materials in 18.4.2.030.E. If an accessory residential unit is located in the Historic District overlay, the standards in 18.4.2.050 also apply. See the Special Use 22 Standards for accessory residential units in section 18.2.3.040. 23 C. Building Orientation. Residential buildings that are subject to the provisions of this chapter 24 shall conform to all of the following standards. See also, solar orientation standards in section 18.4.8.050. 25 1. Building Orientation to Street. Dwelling units shall have their primary orientation 26 toward a street. Where residential buildings are located within 20 feet of a street, they 27 shall have a primary entrance opening toward the street and connected to the right-of- way via an approved walkway. 28 2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation 29 or off-street parking is not allowed between the building and the street. Parking areas 30 shall be located behind buildings, or on one or both sides. 3. Build-to Line. Where a new building is proposed in a zone that requires a build-to line 819 ORDINANCE NO. # Page of 1 or maximum front setback yard, except as otherwise required for clear vision at intersections, the building shall comply with the build-to line standard. 2 D. Garages. The following standards apply to garages, carports, canopies, and other 3 permanent and temporary structures used for parking or storing vehicles, including those parking and vehicle storage structures accessory to detached single-family dwellings. The 4 standards are intended to balance residentsdesire for a convenient, safe, and private 5 vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of 6 public ways, while addressing aesthetic concerns associated with street-facing garages. For 7 the purpose of this subsection, a garage opening is considered to be facing a street where 8 the opening is parallel to or within 45 degrees of the street right-of-way line. 1. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway, 9 including flag drives, the garage or carport opening(s) for that dwelling shall orient to the 10 alley or shared drive, as applicable, and not a street. 11 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. 12 E. Building Materials. Building materials and paint colors should be compatible with the 13 surrounding area. Very bright primary or neon-type paint colors, which attract attention to 14 the building or use, are unacceptable. 15 F. 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 pursuant to subsection 16 18.4.4.030.E. 17 G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse 18 disposal areas shall be provided pursuant to chapter 18.4.4. 19 H. Open Space.Residential developments that are subject to the provisions of this chapter shall conform to all of the following standards. Common and/or private open 20 space are required to be provided pursuant to section 18.4.4.070. 21 1. Recreation Area. An area equal to at least eight percent of the lot area shall be 22 dedicated to open space for recreational use by the tenants of the development. 23 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 24 requirement. 25 3. Decks and Patios.Decks, patios, and similar areas are eligible for open space. 26 4. Play Areas. Play areas for children are required for projects of greater than 20 27 units that are designed to include families. Play areas are eligible for open space. 28 29 30 919 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Figure 18.4.2.030 18 Multi-Family Conceptual Site Design 19 20 SECTION 5. Section 18.4.4.020 \[Applicability Landscaping, Lighting, and Screening\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 21 22 18.4.4.020 Applicability 23 The requirements of chapter 18.4.4 apply, as follows. 24 A. Landscaping and Screening. 18.4.4.030 Section establishes design standards for landscaping and screening, and applies to residential, commercial, and manufacturing 25 18.5.2 developments that are subject to chapter Site Design Review. 26 B. Recycling and Refuse. Section 18.4.4.040 establishes design standards for recycle and 27 refuse disposal areas, and applies to residential, commercial, and manufacturing 28 developments that are subject to chapter 18.5.2 Site Design Review. C. Outdoor Lighting. Section 18.4.4.050 establishes standards for outdoor lighting, and 29 applies to all new outdoor lighting installed or replaced after \[effective date\]. 30 D. Fences and Walls. Section 18.4.4.060 establishes design standards for fences and walls. This section applies where a fence or wall is erected, extended, or otherwise altered; it also 1019 ORDINANCE NO. # Page of 1 applies to hedges and screen planting and situations where this ordinance requires screening or buffering. 2 E.Open Space. Section 18.4.4.070 establishes standards for open space, and applies to 3 residential developments that are subject to chapter 18.5.2 Site Design Review and/or 18.3.9 Performance Standards Option and PSO Overlay. Certain sections of this 4 ordinance require common and/or private open space as part of review under chapter 5 18.5.2 Site Design Review or chapter 18.3.9 Performance Standards Option and PSO Overlay. Certain other sections allow common open space to be provided in order to 6 obtain density bonuses. All those sections reference 18.4.4.070, which establishes 7 standards for common and private open space. 8 EF. Exceptions and Variances. Requests to depart from the landscaping and screening requirements in section 18.4.4.030, recycling and refuse requirements in 18.4.4.040, and 9 outdoor lighting in section 18.4.4.050 are subject to subsection 18.5.2.050.E Exception to 10 the Site Development and Design Standards. Requests to depart from the fence and wall requirements in section 18.4.4.060 are subject to chapter 18.5.5 Variances. 11 12 SECTION 6. Section 18.4.4.070 Open Space \[Landscaping, Lighting, and Screening\] is added 13 to the Ashland Land Use Ordinance as follows. 14 18.4.4.070 Open Space 15 A. Required Area. Table 18.4.4.070.A contains the minimum areas when common or private open space is required by this ordinance. See definition of open space in part 16 18-6. 17 18 Table 18.4.4.070.A Minimum Area Required in Common or Private Open Space 19 20 Required Planning Minimum Area Minimum Area Open Space Density Bonus ActionRequired for Open Required for Requirement May Available for 21 SpaceCommon Open Be Met by Common Open SpaceCombining Space in Excess of 22 Common and Base Requirement Private Open 23 Spaces 24 4 percent of total 18.5.2 Site Design 8 percent of total lot area for After 8 percent of 25 yes Reviewlot areadevelopments of 10 total lot area is met units or more 26 After 5 percent of 27 total lot area is met for developments 28 5 percent of total 5 percent of total with a based density 18.3.9 lot area for lot area for of 10 units or more 29 Performance developments with developments with no Standards Optiona base density of 10 a base density of 10 After 2 percent of 30 units or moreunits or more total lot area for developments with less than 10 units 1119 ORDINANCE NO. # Page of 1 Table 18.4.4.070.A Minimum Area Required in Common or Private Open Space 2 Required Planning Minimum Area Minimum Area Open Space Density Bonus 3 ActionRequired for Open Required for Requirement May Available for SpaceCommon Open Be Met by Common Open 4 SpaceCombining Space in Excess of Common and Base Requirement 5 Private Open Spaces 6 7 18.5.2 Site Design 4 percent of total Review and 18.3.9 8 8 percent of total lot area for After 8 percent of Performance yes lot areadevelopments of 10 total lot area is met Standards 9 units or more Subdivision 10 11 12 B. General Standards. 13 1. Common and Private Open Space. For developments that are subject to chapter 14 18.5.2 Site Design Review, the required open space area may be met by combining common and private open spaces meeting the requirements of this section. 15 2. Density Calculation. All areas set aside for open space shall be counted for base 16 density. The required open space is not subject to bonus point calculations. 17 3. Utilities. Areas occupied by utility vaults and pedestals shall not be counted in the 18 required open space area. 19 4. Timing. 20 a. Common Open Space. Common open space shall be constructed and landscaped prior to submission of the final plat or issuance of a building 21 permit, whichever is later. The City may approve a final plat or building permit 22 prior to completion of required common open space improvements if the applicant provides a bond by a surety authorized to do business in the State of 23 Oregon, irrevocable letter of credit from a surety or financial institution 24 acceptable to the City, cash, or other form of security acceptable to the City. Phased developments shall meet the requirements of subsection 25 18.3.9.040.A.4. 26 b. Private Open Space. Private open space shall be constructed and landscaped 27 prior to final occupancy of the respective dwelling unit. 5. Ownership and Maintenance.Common open space shall be set aside as common 28 area for the use of residents of the development. Maintenance of common open 29 space shall be the responsibility of the property owner(s) or by an association of 30 owners (i.e., homeowners association). C. Common Open Space. Common open space shall meet the following standards. See definition of common open space in part 18-6. 1219 ORDINANCE NO. # Page of 1. Dimensional Standards. Common open space shall have no dimension that is less 1 than 20 feet and a minimum area of 400 square feet, except as described below. 2 a. Walkways and multi-use paths shall contribute Pedestrian Connections. 3 toward meeting the required common open space area when at least one common open space is provided that meets the dimensional standards in 4 subsection 18.4.4.070.C.1, above. Pedestrian connections may be located 5 within a required buffer or perimeter yard area. Sidewalks in the public right-of- way (i.e., public street) and walkways providing access to individual units may 6 not be counted towards this requirement. 7 b. Common open space may include areas that provide for the Natural Features. 8 preservation or enhancement of natural features such as wetlands, floodplain corridors, ponds, large trees, and rock outcroppings. Natural features located 9 in common open space shall be counted toward meeting common open space 10 requirements. Natural features may be located within a required buffer or perimeter yard area. 11 2. Location. Common open space shall not be located within a required buffer or 12 perimeter yard area, except for pedestrian connections and natural features as 13 provided in subsection 18.4.4.070.C.1, above. 14 3. Slope.ommon open space designed for active use, such as lawn and picnic C areas, shall be located on slopes less than five percent, except for areas regulated 15 by the Building Code (e.g., walkways). Natural areas designed for passive use, 16 such as riparian corridors and wetlands, may be located on slopes greater than five percent. 17 4.Improvements.The common open space shall contain one or more of the 18 following: outdoor recreational area or facilities, lawn and picnic areas, 19 community gardens, natural area with benches, seating areas, walking paths, or similar outdoor amenities as appropriate for the intended residents. 20 a. A minimum of 50 percent of the common open space must be Surfacing. 21 covered in suitable surfaces for human use, such as lawn areas and 22 recreational fields or courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other ground covers that do not provide 23 suitable surfaces for human use if the area is usable for the intended 24 residents, such as community gardens or a natural area with benches and walking paths. 25 b. Common open space may include structures and outdoor furniture Structures. 26 typically associated with outdoor recreation such as decks, gazebos, arbors, 27 benches, and tables. Structures located in common open space shall be unenclosed and uninhabitable. Unenclosed for the purpose of this subsection 28 means 50 percent or more of the walls or 42 inches in height or less, but the 29 structure may be covered. 30 c. Fences, walls, hedges, and screen planting that are located Fences and Walls. on the perimeter of common open space shall not exceed four feet in height, except that fences in front yards and on the perimeter of the development shall 1319 ORDINANCE NO. # Page of meet the fence height requirements of section 18.4.4.060. This requirement 1 shall not apply to fences located on properties adjoining but not located within 2 a proposed development. See section 18.4.4.060 Fencing and Walls for fence 3 permit and design standard requirements. d. Common open space shall be landscaped in accordance with Landscaping. 4 section 18.4.4.030 Landscaping and Screening. 5 6. R-2 and R-3 Zones. In addition to the standards in subsection 18.4.4.070.C, above, 6 common open space in the R-2 and R-3 zones shall meet the following requirements. 7 a. Play areas for children are required for projects of greater than 20 Play Areas. 8 units that are designed to include families. Play areas are eligible for common 9 open space. 10 b. A credit of up to 50 percent for common open Credit for Proximity to a Park. space may be granted when the development is located within one-eighth of a 11 mile walking distance of an existing public park. Distance from the 12 development to the park shall be measured from the lot line via a sidewalk, multi-use path or pedestrian way located in a public right-of-way or public 13 pedestrian easement. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1419 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Figure 18.4.4.070.C 22 Common Open Space 23 D. Private Open Space Private open space that is provided to meet the minimum . 24 required open space area in 18.4.4.070.A shall meet the following standards. See definition of private open space in part 18-6. 25 1Eligible Spaces.Decks, patios, porches, balconies, side and rear yards, and . 26 similar areas are eligible for private open space. 27 a. Private open space shall be directly accessible by a door from the Access. 28 interior of the individual dwelling unit served by the space. b. The minimum area required for private open Walkways and Storage Space. 29 space shall not include area for ingress and egress to a ground-floor 30 dwelling unit (e.g., walkway to dwelling unit door) or storage space (storage or bicycle rack). The ingress and egress area shall be measured 1519 ORDINANCE NO. # Page of as 36 inches in width and the length of the pedestrian route. 1 2. Ground-Floor Dwelling Units.Decks, patios, porches, or yards shall be at least six 2 feet deep and measuring at least 48 square feet. Ground-floor private open space 3 shall not be located within 12 feet of recycling and refuse disposal areas. See definition of ground-floor dwelling unit in part 18-6. 4 3. Upper-Floor Dwelling Units. Balconies shall be at least six feet deep and 5 measuring at least 48 square feet. See definition of upper-floor dwelling unit in 6 part 18-6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Figure 18.4.4.070.D Private Open Space 29 SECTION 7. Section 18.6.1.030 \[Definitions Definitions\] of the Ashland Land Use Ordinance 30 is hereby amended to read as follows: 1619 ORDINANCE NO. # Page of Buildable Area. That portion of an existing or proposed lot that can be built upon. 1 2 Common Areaby an association of owners or permanently designated . Land jointly owned 3 for the use of all residents of a development tothat sshared site facilities and include 4 amenities such as streets, driveways, , loading open space, landscaping, parking areasor recreation, recycling and refuse disposal areas, and storage structures(e. g., 5 may be managed by a homeowners' association) . 6 7 Ground-Floor Dwelling Unit.A residential unit with the entrance, front or rear, that is 8 within five feet of the finished grade. The distance to finished grade is measured vertically at a right angle from the doorsill to the finished grade. 9 10 Open Space.A common area designated on the final plans of the development, 11 permanently set aside for the common use of the residents of the development. Open 12 space area is landscaped and/or left with a natural vegetation cover, and does not include thoroughfares, parking areas, or improvements other than recreational 13 facilities. Land or water with its surface predominately open to the sky or 14 predominantly undeveloped unless otherwise specified, that is designated or set aside to serve the purpose of providing park and recreation activities, conserving 15 natural resources, collecting and treating storm water, providing amenity space for 16 private developments, or creating a pattern of development. Open space does not thoroughfares, parking areas or improvements other than recreational include 17 facilities areas such as streets, driveways, parking, loading areas, recycling and 18 refuse disposal areas, and storage structures . 19 1. Common Open Space. An area for the use or enjoyment of all residents of a development (e.g., multifamily dwelling units) or subdivision such as recreational 20 areas or facilities, lawn and picnic areas, community gardens, natural areas with 21 benches, seating areas, or walking paths. 22 2. Private Open Space. An area intended for private outdoor use by residents of an individual dwelling unit. Private open space includes decks, patios, porches, 23 balconies, side and rear yards, and similar areas. 24 3. Public Open Space or Park. An area owned or managed by a public or private 25 agency and maintained for the use and enjoyment of the general public. Examples of public open space include public parks and recreation facilities, trail easements 26 and systems, nature preserves, public plazas, and other public outdoor meeting 27 areas. 28 29 Park. See definition of Public Open Space. 30 Play Area. A piece of land specifically designed for and equipped to enable children to play outdoors. 1719 ORDINANCE NO. # Page of 1 Upper-Floor Dwelling Unit.A residential unit with the entrance, front or rear, that is more 2 than five feet above the finished grade. The distance from finished grade is measured 3 vertically at a right angle from finished grade to the doorsill. 4 5 Unbuildable Area. All areas outside of building envelopes and within open space. That portion of an existing or proposed lot that building upon is restricted by regulations. 6 Unbuildable area includes but is not limited to required yards, easements, and Flood 7 Plain Corridor, Hillside, and Severe Constraints Lands as classified in section 18.3.10.060. For the purposes of implementing chapter 18.4.8 Solar Access, 8 unbuildable area does not include a required solar setback area. 9 10 Yard.open space onoutdoor area of , except as An a lot which is unobstructed by a structure 11 allowed in section 18.2.4.050 Yard Requirements and General Exceptions , and measured from a lot line to the nearest point of a building. May also be an area defined by 12 required setbacks (e.g., between a building or structure and nearest property line). 13 Yard, Front. 4. A yard between side lot lines and measured horizontally at right angles to 14 the front lot line from the front lot line to the nearest point of the building. 15 Yard, Side.nopen spaceyard 5. A between the front and rear yards measured horizontally and at right angles from the side lot line to the nearest point of the building. 16 Yard, Rear. 6. A yard between side lot lines and measured horizontally at right angles to 17 the rear yard line from the rear yard line to the nearest point of the building. 18 19 SECTION 8. Codification. In preparing this ordinance for publication and distribution, the City 20 Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within such 21 limitations, may: 22 (a) Renumber sections and parts of sections of the ordinance; 23 (b) Rearrange sections; 24 (c) Change reference numbers to agree with renumbered chapters, sections or other parts; (d) 25 Delete references to repealed sections; 26 (e) Substitute the proper subsection, section, or chapter numbers; 27 (f) Change capitalization and spelling for the purpose of uniformity; 28 (g) Add headings for purposes of grouping like sections together for ease of reference; and (h) 29 Correct manifest clerical, grammatical, or typographical errors. 30 1819 ORDINANCE NO. # Page of SECTION 9.Severability. 1 Each section of this ordinance, and any part thereof, is severable, 2 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the 3 remainder of this ordinance shall remain in full force and effect. 4 5 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) 6 of the City Charter on the _____day of ____________, 2020, and duly PASSED and ADOPTED 7 this ____ day of _____________, 2020 . 8 9 _______________________________ Melissa Huhtala, City Recorder 10 11 SIGNED and APPROVED this day of ____________, 2020. 12 13 ________________________ 14 John Stromberg, Mayor 15 Reviewed as to form: 16 17 ______________________________ 18 David H. Lohman, City Attorney 19 20 21 22 23 24 25 26 27 28 29 30 1919 ORDINANCE NO. # Page of 1 ORDINANCE NO. 2 3 AN ORDINANCE AMENDING CHAPTERS 18.2.2 BASE ZONES AND ALLOWED 4 USES, 18.2.3 SPECIAL USE STANDARDS, 18.2.5 STANDARDS FOR RESIDENTIAL 5 ZONES, 18.3.2 CROMAN MILL DISTRICT, 18.3.4 NORMAL NEIGHBORHOOD 6 DISTRICT, 18.3.5 NORTH MOUNTAIN NEIGHBORHOOD DISTRICT, 18.3.9 7 PERFORMANCE STANDARDS OPTION AND PSO OVERLAY, 18.3.10 PHYSICAL 8 AND ENVIRONMENTAL CONSTRAINTS OVERLAY, 18.3.11 WATER RESOURCES 9 PROTECTION ZONES (OVERLAYS), 18.3.14 TRANSIT TRIANGLE OVERLAY, 18.4.2 10 BUILDING PLACEMENT, ORIENTATION, AND DESIGN, 18.4.3 PARKING , 11 ACCESS, AND CIRCULATION, 18.4.4. LANDSCAPING, LIGHTING, AND 12 SCREENING, 18.4.5 TREE PRESERVATION AND PROTECTION, 18.4.6 PUBLIC 13 FACILITIES, 18.5.2 SITE DESIGN REVIEW, 18.5.3 LAND DIVISIONS AND 14 PROPERTY LINE ADJUSTMENTS AND 18.5.7 TREE REMOVAL PERMITS OF THE 15 ASHLAND LAND USE ORDINANCE FOR CONSISTENCY IN TERMINOLOGY 16 RELATED TO OPEN SPACE 17 Annotated to show deletions and additions to the Ashland Municipal Code sections being 18 bold lined throughbold underlined. modified. Deletions are , and additions are 19 20 WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: 21 Powers of the City The City shall have all powers which the constitutions, statutes, and common 22 law of the United States and of this State expressly or impliedly grant or allow municipalities, as 23 fully as though this Charter specifically enumerated each of those powers, as well as all powers 24 not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter 25 specifically granted. All the authority thereof shall have perpetual succession. 26 27 WHEREAS, the above referenced grant of power has been interpreted as affording all 28 legislative powers home rule constitutional provisions reserved to Oregon Cities. City of 29 20 Or. App. 293; 30 531 P 2d 730, 734 (1975); and 1117 ORDINANCE NO. # Page of WHEREAS 1 , the City of Ashland Planning Commission considered the above-referenced 2 recommended amendments to the Ashland Comprehensive Plan at a duly advertised public 3 hearing on April 28, 2020, and following deliberations, recommended approval of the 4 amendments by a vote of #-#; and 5 WHEREAS 6 , the City Council of the City of Ashland conducted a duly advertised public hearing 7 on the above-referenced amendments on (date); and 8 WHEREAS 9 , the City Council of the City of Ashland, following the close of the public hearing 10 and record, deliberated and conducted first and second readings approving adoption of the 11 Ordinance in accordance with Article 10 of the Ashland City Charter; and 12 WHEREAS 13 , the City Council of the City of Ashland has determined that in order to protect and 14 benefit the health, safety and welfare of existing and future residents of the City, it is necessary 15 to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base 16 exists for the amendments, the amendments are consistent with the comprehensive plan and that 17 such amendments are fully supported by the record of this proceeding. 18 19 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. 20 Ashland Municipal Code Title 18 Land Use is hereby amended as follows. 21 SECTION 2. 22 Section 18.2.2.030 \[Allowed Uses Base Zones and Allowed Uses\] of the 23 Ashland Land Use Ordinance is hereby amended to read as follows: 24 18.2.2.030 Allowed Uses 25 A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use 26 permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not 27 define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. 28 B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as 29 Permitted (P) are allowed. Uses listed as Permitted Subject to Special Use Standards (S) 30 are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. 2117 ORDINANCE NO. # Page of C. Conditional Uses. Uses listed as Conditional Use Permit Required (CU) are allowed 1 subject to the requirements of chapter 18.5.4. 2 D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an 3 allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18.1.6.080, 18.1.6.090, 4 and 18-1.6.100. 5 E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, 6 additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed 7 in special districts CM, HC, NM, NN and SOU, and for regulations applying to the Citys 8 overlays zones, refer to part 18.3. 9 F. Accessory Uses. Uses identified as Permitted (P) are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, 10 please refer to the description of the land use categories in part 18.6 Definitions. 11 G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one 12 another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. 13 H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; 14 except as follows: 15 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term 16 temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that 17 occur on public property (e.g., street right-of-way, parks, sidewalks, or other public 18 grounds) require a Special Event Permit pursuant to AMC 13.03. 19 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be 20 accompanied by any off-premises advertisement. For the purpose of this ordinance, 21 garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 22 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar 23 structure may be permitted for a period not to exceed 90 calendar days upon the 24 granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- 25 month period beginning at the first date of issuance, except with approval of the Staff 26 Advisor. 27 I. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. 28 29 Table 18.2.2.030 Uses Allowed by Zone 30 3117 ORDINANCE NO. # Page of 1 C-1 R- & M- Special Use Standards 2 R-11-R-2R-3RRWRE-1 C-1-1 3.5 D 3 A. Agricultural Uses 4 5 Agriculture,except Keeping of Animal sales, feed yards, Bees,Livestock and Micro- 6 keeping of swine, Livestock, Homegrown PPPPPPNNN commercial compost, or Marijuana Cultivation, and 7 similar uses not allowed Marijuana Production 8 Keeping of BeesSSSSSSNNNSec. 18.2.3.160 9 10 Keeping of LivestockSNNNSSNNN 11 Keeping of Micro-LivestockSSSSSSNNN 12 Sec. 18.2.3.190 13 Marijuana Cultivation, SSSSSSSSS 14 Homegrown See General Industrial, 15 Marijuana Production 16 B. Residential Uses 17 See Single-Family 18 standards in Sec. 18.2.5.090 19 20 Sec. 18.2.3.130 for C-1 zone and E-1 zone 21 Single-Family Dwelling PPPPPPSSN 22 Dwellings and additions in 23 Historic District Overlay, see Sec. 18.2.3.120 and 24 18.2.5.070 25 P P P Sec. 18.2.3.040and Sec. 26 Accessory Residential Unitor or SSor NNNN 18.5.2.020.C.2 SSS 27 28 Sec. 18.2.3.090 Cottage Cottage HousingSNNNNNNNN Housing 29 Sec. 18.2.3.110 Duplex 30 Duplex DwellingSPPPNNSSN Dwelling 4117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Sec. 18.2.3.170 and not Manufactured Home on SSSSNNNNN allowed in Historic District 6 Individual Lot Overlay 7 Manufactured Housing CU NSNNNNNNSec. 18.2.3.180 8 Development+S 9 Sec. 18.2.3.130 for C-1 10 zone and E-1 zone 11 Dwellings in Transit Triangle 12 (TT) overlay, see chapter Multifamily DwellingNPPPNNSSN 13 18.3.14 Dwellings and additions in 14 Historic District Overlay, see 15 Sec. 18.2.3.120 and 18.2.5.070 16 Sec. 18.2.3.090 Cottage 17 Cottage HousingSNNNNNNNN Housing 18 Rental Dwelling Unit 19 NNSSNNNNNSec. 18.2.3.200 Conversion to For-Purchase Housing 20 21 Home OccupationSSSSSSSSNSec. 18.2.3.150 22 C. Group Living 23 Nursing Homes, Convalescent See chapter 18.3.3 24 CUCUCUCUCUCUNNN HomesHealth Care Services 25 Subject to State licensing 26 Residential Care HomePPPPPPNNN requirements 27 Subject to State licensing Residential Care FacilityCUPPPCUCUNNN 28 requirements 29 Room and Boarding FacilityNPPPNNNNN 30 D. Public and Institutional 5117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Uses 6 See chapter 18.3.7 Airport 7 Airport Overlay 8 Cemetery, Mausoleum, NNNNCUNNNN 9 Columbarium 10 Family Child Care Home 11 exempt from planning application procedure 12 pursuant to ORS 329A.440, see part 18.6 for definition Child Care FacilityCUCUCUCUCUCUPPP 13 14 Subject to State licensing 15 requirements 16 Club Lodge, Fraternal CUCUCUCUCUCUPCUCU Organization 17 18 Electrical SubstationNNNNNNCUCUP 19 See chapter 18.3.3 Health HospitalsCUCUCUCUCUNNNN 20 Care Services 21 Governmental Offices and 22 Emergency Services (e.g., CUCUNNCUCUPPP Police, Fire); excluding Outdoor 23 Storage 24 Mortuary, Crematorium NNNNCUNPPP 25 Public Park, Open Space, and 26 Recreational Facility, including playgrounds, trails, nature 27 PPPPPPNNN preserves, athletic fields, and courts, swim pools, similar 28 uses 29 Public Parking Facility NNNNNNPNN 30 6117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Not allowed within 200 Recycling DepotNNNNNNNPP ft of a residential zone 6 7 Religious Institution, Houses of CUCUCUCUCUCUCUCUCU Worship 8 9 School, Private (Kindergarten CUCUCUCUCUCUNNN and up) 10 School, Public (Kindergarten 11 PPPPPCUNNN and up) 12 School, Private 13 NNNNNNNCUP College/Trade/Technical School 14 Includes public service 15 building, yard, and structures such as 16 Utility and Service Building, public works yards Yard and Structure, Public and CUCUNNCUCUPPP 17 Quasi-Public, excluding electrical substations 18 Yards not allowed in the RR, WR, and C-1 19 zone 20 P P P or 21 Wireless Communication oror CUCUCUCUCUCUSec.18.4.10 Facility CU 22 CUCU 23 E. Commercial Uses 24 Amusement/Entertainment, 25 includes theater, concert hall, NNNNP NNCUP bowling alley, miniature golf, 26 arcade; excluding drive-up uses 27 28 29 30 7117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Sec. 18.2.3.050 6 In C-1 zone, fuel sales and service is a permitted use 7 Automotive and Truck Repair, provided within the Freeway or Service; includes fueling Overlay, see chapter 18.3.8; 8 station, car wash, tire sales and conditional use in locations S S or NNNN repair/replacement, painting, outside of Freeway Overlay 9 NNor P CU and other repair for CU In E-1 zone, auto and truck automobiles, motorcycles, 10 repair is a permitted use if aircraft, boats, RVs, trucks, etc. 200 feet or more from 11 residential zones; fuel sales and service requires CU 12 permit 13 Automotive Sales and Rental 14 Not allowed within Historic NNNNNNCUCUP includes motorcycles, boats, District Overlay RVs, and trucks 15 16 Accessory Travelers CUCU NNNNNNN Accommodation (See also Sec. 18.2.3.220 +S+S 17 Travelers Accommodation) 18 Bakery, except as classified as NNNNNNPPP 19 Food Processing 20 Commercial Laundry, Cleaning, NNNNNNSSP Sec. 18.2.3.080 and Dyeing Establishment 21 22 Commercial Recreation, includes country club, golf 23 course, swimming club, and CUCUNNCUCUNNN tennis club; excluding intensive 24 uses such as driving range, race track, or amusement park 25 26 27 28 29 30 8117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 In R-2 zone, uses limited to personal and professional 6 services, except see Sec. 7 18.2.3.210 for retail uses allowed in Railroad Historic 8 District Commercial Retail Sales and CU NNNNNPSS In E-1 zone, Retail limited to Services, except Outdoor Sales +S 9 20,000 sq ft of gross and Services leasable floor space per lot. 10 In M-1 zone, uses limited to 11 serving persons working in zone 12 See Marijuana Retail Sales 13 Per Sec. 18.2.3.100, Drive- Up uses are limited to area 14 Drive-Up Use NNNNNeast of Ashland St at NNS 15 intersection of Ashland St/Siskiyou Blvd 16 17 *In C-1 zone, requires annual Type I review for at 18 least the first three years, after which time the 19 HostelNNCUCUNNCU*NN Planning Commission may approve a permanent facility 20 through the Type II procedure 21 22 Hotel/Motel NNNNNNCUCUP 23 No animals kept outside 24 Kennel (See also Veterinary NNNNNNSSCU within 200 feet of a Clinic) residential zone 25 26 Sec. 18.2.2.210for Retail Limited Retail Uses in Railroad NCUCUCUNNNNNUses Allowed in Railroad Historic District 27 Historic District 28 Lumber Yard and Similar Sales 29 of Building or Contracting NNNNNNNCUP Supplies, or Heavy Equipment 30 9117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Per Sec. 18.2.3.190, marijuana retail sales are 6 limited to the C-1 and E-1 Marijuana Retail Sales, S S or zones and located on a 7 includes sale of medical and NNNNNNor N CUboulevard or 200 feet or recreational marijuanaCU 8 more from any residential zone, see Sec 9 18.2.3.190. 10 Not allowed within the Nightclub, BarNNNNNNSCUP Historic District Overlay 11 unless located in C-1-D 12 Office NNCUCUNNPPP 13 14 Outdoor Storage of NNNNNNCUCUP Commodities or Equipment 15 associated with an allowed use 16 Plant Nursery, Wholesale, NNCUCUNNNNN 17 except Marijuana Production 18 Self-Service Storage, NNNNNNNCUP Commercial (Mini-Warehouse) 19 20 Travelers Accommodation CUCU NNNNNNNSec. 18.2.3.220 (See also Accessory Travelers 21 +S+S Accommodation) 22 Veterinary ClinicNNNNNNPPP 23 24 F. Industrial and Employment Uses 25 26 In the E-1 zone, uses S Cabinet, Carpentry, and within 200 feet of a or NNNNNNNP Machine Shop, and related 27 residential zone Sales, Services, and Repairs CU require CU permit 28 29 Commercial Excavation and Removal of Sand, Gravel, CU NNNNNNNNSec. 18.2.3.070 30 +S Stone, Loam, Dirty or Other Earth Products 10117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Concrete or Asphalt Batch NNNNNNNNCU Plant 6 7 Dwelling for a caretaker or NNNNNNNCUCU watchman 8 9 In the C-1 zone, manufacture or 10 assembly of items sold is a permitted use, 11 provided such manufacturing or Food Products 12 assembly occupies Manufacture/Processing/Preser 600 square feet or NNNNNNSSP ving, including canning, bottling, 13 less, and is contiguous freezing, drying, and similar to the permitted retail 14 processing and preserving. outlet 15 16 In the E-1 zone, See Sec. 18.2.3.140 17 18 In E-1 and M-1 zones, marijuana laboratory, 19 processing, and production are subject 20 to the special use Manufacture, General, includes P P standards in Sec. 21 NNNNNNN Marijuana Laboratory, or or 18.2.3.190 Processing, and ProductionSS 22 23 See Marijuana Cultivation, 24 Homegrown 25 26 27 28 29 30 11117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 Requires assembly, fabricating, or 6 packaging of products from previously 7 prepared materials 8 such as cloth, plastic, paper, cotton, or wood 9 10 Manufacture, Light; excluding In the C-1 zone, NNNNNNSPP saw, planning or lumber mills, manufacture or 11 or molding plants. assembly of items sold 12 in a permitted use, provided such 13 manufacturing or assembly occupies 14 600 square feet or less, and is contiguous 15 to the permitted retail outlet 16 17 Outdoor Storage of Commodities or Equipment NNNNNNCUCUP 18 associated with an allowed use 19 Television and Radio NNNNNNNPP 20 Broadcasting Studio 21 Deliveries and shipments limited to 22 7AM-9PMwithin 200 feet of a residential 23 zone Wholesale Storage and 24 NNNNNNNSS Distribution, includes Marijuana Wholesale 25 In E-1 and M-1 zones, marijuana wholesale is 26 subject to the special use standards in Sec. 27 18.2.3.190 28 Wrecking, Demolition, and Junk 29 NNNNNNNNCU Yards 30 12117 ORDINANCE NO. # Page of 1 Table 18.2.2.030 Uses Allowed by Zone 2 C-1 R- 3 & M- Special Use Standards R-11-R-2R-3RRWRE-1 C-1-1 3.5 4 D 5 G. Other Uses 6 Allowed from November 1 to Temporary Tree SalesNNNNNNPNN 7 January 1 8 CU, except uses lasting less than 72 hours are subject to Ministerial review, per Temporary Use 9 Sec. 18.2.2.030.H 10 11 SECTION 3. Section 18.2.3.090 \[Cottage Housing Special Use Standards\] of the Ashland 12 Land Use Ordinance is hereby amended to read as follows: 13 18.2.3.090 Cottage Housing 14 A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site 15 planning and variety in housing while ensuring compatibility with established neighborhoods, 16 and to provide opportunities for ownership of small detached single-family dwellings for a population diverse in age, income, and household size. Where cottage housing 17 developments are allowed, they are subject to Site Design Review under chapter 18.5.2, 18 and shall meet all of the following requirements. 19 B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to the approval criteria under section 18.5.2.050.E Exception to the Site 20 Development and Design Standards. 21 C. Development Standards. Cottage housing developments shall meet all of the following 22 requirements. 23 . 1. DensityCottage Housing Density the permitted number of units and minimum lot areas shall be as follows. 24 25 Table 18.2.3.090.C.1 Cottage Housing Development Density 26 Minimum Maximum 27 number of number of Minimum lot size Maximum Maximum cottages per cottages per (accommodates ZonesCottage Floor Area 28 cottage cottage minimum number DensityRatio (FAR) housing housing of cottages) 29 developmentdevelopment 30 13117 ORDINANCE NO. # Page of 1 R-1-5, 1 cottage dwelling unit per 2 NN-1-5 3127,500 sq.ft.0.35 2,500 square feet of lot area 3 NM-R-1-5 4 1 cottage R-1-7.5 dwelling unit per 5 31211,250 sq.ft.0.35 3,750 square NM-R-1-7.5 6 feet of lot area 7 8 2.Building and Site Design. 9 a. Maximum Floor Area Ratio. The combined gross floor area of all cottages and garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking 10 carports, green houses, and common accessory structures are exempt from the 11 maximum floor area calculation. 12 b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 13 square feet or less per unit. At least two of the cottages within three-unit cottage 14 housing developments shall have a gross habitable floor area of 800 square feet or less. The gross habitable floor area for any individual cottage unit shall not exceed 15 1000 square feet. 16 c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a 17 pitched roof may extend up to 25 feet above grade. 18 d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone outlined in Table 18.2.5.030.A. 19 e. Building Separation. A cottage development may include two-unit attached, as well 20 as detached, cottages. With the exception of attached units, a minimum separation 21 of six feet measured from the nearest point of the exterior walls is required between cottage housing units. Accessory buildings (e.g., carport, garage, shed, 22 multipurpose room) shall comply with building code requirements for separation from 23 non-residential structures. 24 f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited common to four feet on interior areas adjacent to open space except as allowed for 25 deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards 26 abutting a public street, and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 27 3. Access, Circulation, and Off-Street Parking Requirements.Notwithstanding the 28 provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site Development 29 and Site Design Standards, cottage housing developments are subject to the following requirements. 30 a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate 14117 ORDINANCE NO. # Page of 1 and construct a public street as required in 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standardsby providing 2 public access for pedestrians and bicyclists with an alley, shared street, or multi-use 3 path connecting the public street to adjoining properties. b. Driveways and parking areas. Driveway and parking areas shall meet the vehicle 4 area design standards of section 18.4.3. 5 i. Parking shall meet the minimum parking ratios per 18.4.3.040. 6 ii. Parking shall be consolidated to minimize the number of parking areas, and shall 7 be located on the cottage housing development property. 8 iii. Off-street parking can be located within an accessory structure such as a multi- auto carport or garage, but such multi-auto structures shall not be attached to 9 individual cottages. Single-car garages and carports may be attached to 10 individual cottages. Uncovered parking is also permitted provided that off street parking is screened in accordance with the applicable landscape and screening 11 standards of chapter 18.4.4. 12 Common CommonO 4.Open space. open space shall meet all of the following standards. 13 common a. A minimum of 20 percent of the total lot area is required as open space. 14 Common O b. open space(s) shall have no dimension that is less than 20 feet unless 15 otherwise granted an exception by the hearing authority. Connections between common separated open spaces, not meeting this dimensional requirement, shall 16 common not contribute toward meeting the minimum open space area. 17 c. Shall consist of a central space, or series of interconnected spaces. 18 d. Physically constrained areas such as wetlands or steep slopes cannot be counted 19 common towards the open space requirement. 20 ncommon e. At least 50 percent of the cottage units shall abut a open space. common open spaces f. The open space shall be distinguished from the private 21 outdoor areas with a walkway, fencing, landscaping, berm, or similar method to 22 provide a visual boundary around the perimeter of the common area. 23 common g. Parking areas and driveways do not qualify as open space. 24 25 26 27 28 29 30 15117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 Figure 18.2.3.090 Cottage Housing Conceptual Site Plans 11 12 Open Space Outdoor Area 5.Private .Each residential unit in a cottage housing open spaceoutdoor areaopen development shall have a private . Private 13 spaceoutdoor areascommon shall be separate from the open space to create a sense 14 of separate ownership. 15 a. Each cottage unit shall be provided with a minimum of 200 square feet of usable open spaceoutdoor areaopen spaceoutdoor areas private . Private may include 16 gardening areas, patios, or porches. 17 open spaceoutdoor area b. No dimension of the private shall be less than eight feet. 18 6.CommonBuildings, Existing Nonconforming Structures and Accessory Residential Units. 19 a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a community building for the sole 20 use of the cottage housing residents. Common buildings shall not be attached to 21 cottages. 22 b. Carports and garage structures. Consolidated carports or garage structures, provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. 23 c. Nonconforming Dwelling Units. An existing single-family residential structure built 24 prior to the effective date of this ordinance (date), which may be nonconforming with 25 respect to the standards of this chapter, shall be permitted to remain. Existing nonconforming dwelling units shall be included in the maximum permitted cottage 26 density. 1,000 square feet of the habitable floor area of such nonconforming 27 dwellings shall be included in the maximum floor area permitted per 18.2.3.090C.2.a. Existing garages, other existing non-habitable floor area, and the nonconforming 28 dwellings habitable floor area in excess of 1,000 square feet shall not be included in 29 the maximum floor area ratio. 30 d. Accessory Residential Units. New accessory residential units (ARUs) are not permitted in cottage housing developments, except that an existing ARU that is accessory to an existing nonconforming single-family structure may be counted as a 16117 ORDINANCE NO. # Page of 1 cottage unit if the property is developed subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. 2 a. Developments shall include open space and landscaped features as a component of 3 the projects storm water low impact development techniques including natural 4 filtration and on-site infiltration of storm water. 5 b. Low impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in 6 parking areas and walkways, directing roof drains and parking lot runoff to landscape 7 beds, green or living roofs, and rain barrels. 8 c. Cottages shall be located to maximize the infiltration of storm water run-off. In this zone, cottages shall be grouped and parking areas shall be located to preserve as 9 much contiguous, permanently undeveloped open space and native vegetation as 10 reasonably possible when considering all standards in this chapter. 11 8. Restrictions. 12 a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property 13 notifying future property owners of the size restriction. 14 15 SECTION 4. Section 18.2.3.180 \[Manufactured Housing Developments Special Use 16 Standards\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 17 18.2.3.180 Manufactured Housing Developments 18 A. Purpose. The purpose of this section is to encourage the most appropriate use of land for manufacturing housing development purposes, to encourage design standards which will 19 create pleasing appearances, to provide sufficient open space for light, air, and recreation, 20 to provide adequate access to and parking for manufactured housing sites, and to refer minimum utility service facilities to appropriate City codes. 21 B. General Provisions. 22 1. Manufactured housing development may be located or relocated only in R-1-3.5 and R-2 23 zones. 24 2. No manufactured housing developments may be located, relocated, or increased in size 25 or number of units within any other zone. 26 3. No manufactured housing developments may be located within the Historic District Overlay. 27 4. Manufactured housing developments shall be subject to regulations of this chapter and 28 shall be located only on sites approved for use under the provisions of such chapter. No 29 person shall establish, operate, manage, maintain, alter, or enlarge any manufactured housing development contrary to the provisions of this ordinance. 30 5. In addition to the requirements of this chapter, all manufactured housing developments shall conform to the regulations of ORS 446, together with such administrative rules as 17117 ORDINANCE NO. # Page of 1 may be adopted from time to time, except where such regulations are exceeded by the requirements of this chapter, in which case the more stringent requirements shall apply. 2 C. Procedure for Approval. The procedure for approving a manufactured home development 3 is the same as for the Performance Standards Option (Outline Plan and Final Plan), pursuant to chapter 18.3.9. 4 D. Manufactured Housing Development Design Standards. 5 1. Minimum Court Size. A manufactured housing development shall occupy a site of not 6 less than one acre in size. 7 2. Density. The maximum density permitted shall be eight manufactured housing units per 8 acre of developed court area. Manufactured housing which is 14 feet wide or less, or which is less than 800 square feet in size will count as 0.75 units for this calculation. 9 3. Manufactured Housing Sites or Lots. All manufactured housing sites or lots must be at 10 least 2,000 square feet in size, at least 35 feet wide, and at least 40 feet deep. 11 4. Lot Coverage. Maximum lot coverage of any individual manufactured housing lot or site 12 shall be 65 percent in the R-2 zone and 55 percent in the R-1-3.5 zone. In addition, the general lot coverage requirements of the parent zone shall also be complied with for the 13 entire project site. 14 5. Setbacks. 15 a. Exterior Setbacks. Manufactured housing sites along the exterior boundary of the 16 court shall have the same setbacks as required in the parent zone, and no less than a minimum of five feet from a property boundary line. 17 b. Interior Front Yard Setbacks. There shall be a front yard on each manufactured 18 home lot or space of at least ten feet. 19 c Interior Side and Rear Yard Setbacks. There shall be side or rear yards of at least 20 five feet. There shall be a minimum separation of ten feet between manufactured housing units. 21 6. Street Standards. Public streets shall comply with the design standards contained in 22 chapter 18.4.6. Private streets shall be a minimum of 20 feet in width, and constructed to 23 the same standards as specified for an alley. A private street may be a dead-end street no more than 300 feet in depth from a higher order road. Adequate turn-around shall be 24 provided according to standards established by the Planning Commission. 25 7. Sidewalk Standards. Every manufactured housing development shall have a permanent pedestrian walkway at least 48 inches wide connecting all manufactured housing units to 26 recreational areasparks, public or private streets, common open spaces,, and 27 commonly-owned buildings and facilities. 28 8. Off-Street Parking Standards. Each manufactured housing unit shall be provided with one off-street parking space on each manufactured housing site, setback 20 feet from 29 the street. In addition, guest parking facilities of one parking space for each 30 manufactured housing site shall also be provided on the project site, within 200 feet of the units they are intended to serve, either adjacent to the road or in a off street parking lot. Parking space construction, size, landscaping, and design requirements shall be 18117 ORDINANCE NO. # Page of 1 according to chapters 18.4.3 and 18.4.4. 9. Utilities. Provisions for electric, water, and sanitary service shall be made in accordance 2 with established City procedures and law, including number, size, quality, and location of 3 fixtures, connections, and facilities. Telephone and electric lines shall be placed underground. 4 10. Landscaping. 5 a. All areas of the development not occupied by paved roadways, pathways, parking 6 areas, or not occupied by other facilities shall be landscaped. Areas that contain 7 significant natural vegetation may be left in a natural state, if approved on the final landscaping plans. 8 b. Manufactured housing developments located in an R-1-3.5 zone shall have 45 9 percent of the entire site landscaped. Developments located in the R-2 zone shall 10 have 35 percent of the entire site landscaped. 11 11. Fencing. Fencing shall comply with all fencing requirements as per section 18.4.4.060. 12 Common 12. Open Space. All developments are required to provide a minimum of five common percent of the total lot area in open space. 13 13. Play Area. If the manufactured housing development accommodates children less than 14 14 years of age, a separate general play area a minimum of 2,500 square feet in size, or 15 100 square feet of play area per unit, whichever is greater, shall be provided. 16 E. Manufactured Housing Unit Standards. All manufactured housing units located in approved manufactured housing developments shall comply with all of the following 17 requirements. 18 1. Manufactured housing units shall be a minimum of 650 square feet in size. 19 2. Manufactured housing units shall be at least 12 feet wide. 20 3. Manufactured housing units shall have the Oregon Department of Commerce "insignia of Compliance." The Building Official shall inspect the manufactured housing unit and 21 occupancy shall be approved only if the Building Official has determined that the 22 manufactured housing unit has a valid insignia of compliance and has not deteriorated 23 beyond an acceptable level of compliance. 4. Manufactured housing units shall be placed on permanent foundations, with wheels and 24 open spaces hitches removed, be fully skirted or bermed, and shall have no uncovered 25 openings except for vents of sufficient strength to support the loads imposed by the manufactured housing unit, based on accepted engineering design standards, as 26 approved by the Building Official. 27 5. Manufactured housing units shall be provided with City water, sewer, electricity, 28 telephone, and storm drainage, with easements dedicated where necessary. 29 6 Manufactured housing units shall comply with the thermal envelope requirements for heat loss required by the building code for single-family detached homes. 30 7. Manufactured housing units shall have a deck or patio area adjacent to the home. The deck or patio shall be constructed of a permanent material and shall be at least 80 19117 ORDINANCE NO. # Page of 1 square feet in size, with a minimum width of eight feet in its least dimension. 8. Each manufactured housing unit shall have a one parking space located on or adjacent 2 to the unit space. The parking space shall be setback at least 20 feet from the street. 3 9. Not withstanding the above, any manufactured home legally located within the Ashland 4 Urban Growth Boundary prior to July 1, 1990 may be relocated to an approved manufactured home development, subject to a fire and life safety inspection by the 5 Building Official. 6 F. Storage and Temporary Occupancy of Manufactured Homes. 7 1. A no-charge permit from the Staff Advisor is required for the storage of any 8 manufactured housing unit on the home premises of the owner for any length of time when not used for living purposes; provided, however, that all units so stored shall abide 9 by the yard requirements for accessory buildings in this chapter. 10 2. No manufactured housing unit shall be stored on a public street except for temporary 11 maneuvering purposes. 12 3. For temporary occupancy of a manufactured housing unit, see subsection 18.2.2.030.H.3. 13 G. Nonconforming Manufactured Housing Developments. Notwithstanding the provisions of 14 chapter 18.1.4 Nonconforming Situations, manufactured housing development and an 15 individual manufactured housing unit utilized for living purposes on the effective date of this ordinance or of amendments thereto, which do not conform to the regulations of this 16 chapter, shall be deemed to be nonconforming and may be continued, subject to the 17 following regulations. 18 1. Routine maintenance and repairs may be performed within the manufactured housing development or upon individual manufactured housing units. 19 2. No nonconforming manufactured housing development shall be enlarged, remodeled, or 20 modernized except in conformance with all requirements of this chapter, except that an 21 area of less than two acres for a development to be enlarged, remodeled, or modernized may be approved through the conditional use permit procedure contained in this 22 ordinance. 23 3. No manufactured housing unit shall be located on the site of, or substituted for, a 24 nonconforming manufactured housing unit, the use of which has been discontinued, except within a manufactured housing development holding a certificate of sanitation 25 issued by the Board of Health, State of Oregon, issued prior to the effective date of this 26 chapter. Relocation of existing units within the Ashland Urban Growth Boundary is exempted as provided in subsection 18.2.3.180.E.9. 27 4. If a nonconforming manufactured housing development holding a certificate of sanitation 28 issued by the Board of Health, State of Oregon, ceases operation for a period of six 29 months or more, said development shall be considered abandoned and shall be reinstituted only in conformance with the requirements of this chapter. 30 H. Special Conditions. For the mitigation of adverse impacts, the City may impose conditions, including, but not limited to, requiring view-obscuring shrubbery, walls, or fences, and 20117 ORDINANCE NO. # Page of 1 requiring retention of specified trees, rocks, water ponds or courses, or other natural features. 2 3 SECTION 5. Section 18.2.3.190 \[Marijuana-Related Uses Special Use Standards\] of the 4 Ashland Land Use Ordinance is hereby amended to read as follows: 5 18.2.3.190 Marijuana-Related Uses 6 A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it 7 shall meet all of the following requirements. See definition of homegrown marijuana 8 cultivation in part 18-6. 9 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary 10 residence of the resident grower. 11 2. Related Activities. Any drying, keeping, storage, or processing of homegrown marijuana 12 shall be located inside the dwelling unit or an accessory structure and shall not be located outdoors. 13 3. Homegrown marijuana cultivation and any related activities must meet all applicable 14 Oregon Revised Statutes and Oregon Administrative Rules. 15 4. Outdoor Cultivation. Up to four marijuana plants per lot for recreational marijuana or up to six marijuana plants per lot for medical marijuana are allowed to be grown outdoors in 16 accordance with applicable Oregon Revised Statutes and Oregon Administrative Rules 17 including the requirement to obtain and display a medical marijuana grow site registration card in ORS 475.320(2)(B)(d). Outdoor homegrown marijuana cultivation 18 shall meet all of the following requirements. 19 a. Locate marijuana plants so the plants are not visible from a public place, public street 20 or any area that the general public has access (e.g., schools, playgrounds, parks, ly-owned common open space, pedestrian and bicycle paths and trails). Marijuana 21 plants shall not be located in a front yard. 22 b. Screen marijuana plants to limit view and access from adjacent residential properties 23 with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall 24 design requirements, see section 18.4.4.060. 25 c. Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall 26 meet all of the following dimensional standards including Table 18.2.3.190.4.c. 27 i. Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily 28 development. 29 ii. Marijuana plants may be located in one cultivation area or in separate cultivation 30 areas throughout a yard. 21117 ORDINANCE NO. # Page of 1 Table 18.2.3.190.4.c Outdoor Cultivation Dimensional Standards for Homegrown Marijuana 1 2 Number of Maximum Maximum Minimum Setback Minimum Setback from Marijuana Plants Cultivation Area Marijuana Plant from Any Property Dwellings on Adjoining 3 per Lot 2 Allowed per Lot 3 Height 4 LineProperties 5 4 6 or fewer plants50 square feet10 Feet10 feet20 feet 5 1 Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional 6 standards for homegrown marijuana. 2 Up to four plants for recreational marijuana or six plants for medical marijuana may be grown outdoors. 7 3 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the 8 cultivation area. Where plants are located separately, the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 9 4 Marijuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 10 5 Marijuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily 11 development. 12 13 14 d. Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot containing multi-family dwellings in conformance with the requirements of 15 subsection 18.2.3.190.A and provided all of the following requirements are met. 16 i. The property owner provides written notification to all residents of the 17 development and to the City that verifies the cultivation of marijuana plants will comply with the requirements of subsection 18.2.3.190.A. The written notification 18 shall include the following information. 19 1. Property owner, property manager, or home owner association representative 20 contact information including the name, address, and phone number(s). 21 2. Contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact 22 information shall include the name, address, and phone number of the 23 responsible party. 24 3. The City requirements for the outdoor cultivation of marijuana including the maximum number of plants per lot and the requirements of subsection 25 18.2.3.190.A. 26 5. Indoor Cultivation. 27 a. Building Code. Any structure, accessory structure, electrical service, plumbing, or 28 mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all 29 required building permits prior to installation. See section 18.2.5.040 Accessory 30 Buildings and Structures. 22117 ORDINANCE NO. # Page of 1 b. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the 2 structure. 3 c. No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or uninhabited dwelling units shall not be used for marijuana cultivation. 4 B. Marijuana-Related Businesses. 5 1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a 6 Conditional Use Permit under chapter 18.5.4. See Table 18.2.2.030 Uses Allowed by 7 Zone for zones where marijuana-related businesses are allowed. See definition of marijuana-related businesses in part 18.6. Marijuana-related businesses shall meet all of 8 the following requirements. 9 a. The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and 10 storage of merchandise, raw materials, or other material associated with the 11 business are prohibited. 12 b. Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design 13 Review approval if required by section 18.5.2.020. Security bars or grates on 14 windows and doors are prohibited. 15 c. The business must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not 16 exterior refuse containers. 17 d. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light 18 and glare to the interior of the structure. Grow light systems within a greenhouse are 19 prohibited. 20 e. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated 21 with a business shall satisfy the Building Code requirements and obtain all required 22 building permits prior to installation. 23 f. Methodology for Measuring Separation Requirements. The following methodology shall be used for marijuana related- businesses that are required to be separated by 24 a specific distance (i.e., marijuana production facility, marijuana wholesale facility, 25 marijuana retail outlet). For the purposes of determining the distance between a marijuana related-business and another marijuana-related bus 26 n a radius extending for 1,000 feet or less 27 in every direction from the closest point anywhere on the premises of an approved marijuana related- business to the closest point anywhere on the premises of a 28 proposed marijuana-related business of the same type. If any portion of the premises 29 of a proposed marijuana related-business is within 1,000 feet of an approved marijuana related business of the same type, it may not be approved. For the 30 purpose of this section, premises is all public and private enclosed areas within a 23117 ORDINANCE NO. # Page of 1 building at the location that are used in the business operation, including offices, kitchens, rest rooms, and storerooms. 2 g. The property owner shall record a declaration which waives any claim or right to hold 3 the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the 4 proposed use or development once such approval is granted. Furthermore, the 5 owner and tenant agree not to unreasonably halt or suspend business if state or federal authorities order or otherwise subject the City to 6 enforcement to comply with laws in contradiction to the continued operations of the 7 business as permitted under section 18.2.3.190. 8 h. A marijuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon 9 Administrative Rules. 10 2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the 11 standards described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing, production, and wholesale shall meet the following requirements as 12 applicable. See definition of marijuana processing and production in part 18.6. 13 a. Marijuana laboratories, processing, production, and wholesale shall be located 200 feet or more from residential zones. 14 b. Marijuana Production. 15 i. Marijuana production shall be limited to 5,000 square feet of gross leasable floor 16 area per lot. 17 ii. A marijuana production facility shall be located more than 1,000 feet from 18 another marijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- 19 businesses. 20 c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 21 1,000 feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- 22 businesses. 23 3. Marijuana Retail Sales. In addition to the standards described above in subsection 24 18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. 25 a. Location. 26 i. Marijuana retail sales are allowed if located on a property with a boundary line 27 adjacent to a boulevard. 28 ii. Marijuana retail sales, except as allowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subject to a 29 Conditional Use Permit under chapter 18.5.4. 30 iii. Marijuana retail sales are not permitted in the Downtown Design Standards Zones. 24117 ORDINANCE NO. # Page of 1 iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another marijuana retail sales outlet. Medical and recreational marijuana retail sales do 2 not need to be separated by 1,000 feet if located together in one building if the 3 configuration meets all applicable Oregon Revised Statutes and Oregon Administrative Rules. No more than two registrations or licenses issued by the 4 State of Oregon (e.g., a medical dispensary registration and a recreational sales 5 license) may be located in one building. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- 6 businesses. 7 c. Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. 8 9 SECTION 6. Section 18.2.3.200 \[Multiple-Family Rental Unit Conversion to For-Purchase 10 Units Special Use Standards\] of the Ashland Land Use Ordinance is hereby amended to read as 11 follows: 12 18.2.3.200 Multiple-Family Rental Unit Conversion to For-Purchase Units 13 A. Section 18.2.3.200 applies to existing multiple-family rental units, which for the purpose of 14 this section, are defined as dwelling units designed to house multiple households within one or more structures on a single property that were constructed and occupied prior to 15 November 3, 2007 (Ord. 2942). 16 B. Multi-family rental units constructed after November 3, 2007 are not subject to the provisions 17 of this section. C. Conversion of existing multiple-family dwelling rental units into for-purchase units, including 18 the demolition of existing multiple-family dwelling rental units, is subject to the following. 19 1. Existing multiple-family dwelling structures may be converted from rental units to for- 20 purchase housing, where all or only a portion of the structure is converted, as set forth in Table 18.2.3.200.C.1, provided the existing structure meets the following regulations of 21 the applicable zone: permitted density, yard requirements, maximum height, maximum 22 outdoor recreation open lot coverage, space, maximum permitted floor area, waste enclosures, parking, and bike storage. 23 Table 18.2.3.200.C.1: Conversion of Multiple-Family Rental Units to For-Purchase 24 Units 25 Affordable Affordable Number of Market Rate Ownership Market Rate Rentals Dwelling Units on 26 Ownership (per Sec. Rentals (per Sec. Tax Lot 18.2.5.050) 18.2.5.050) 27 2-4 100% 0% 0% 0% 5-12 75% 0% 25% 0% 28 13-24 50% 0% 50% 0% 29 25-48 25% 0% 75% 0% 49+ 0% 0% 100% 0% 30 25117 ORDINANCE NO. # Page of 1 2. Where an existing multiple-family dwelling structure does not meet the regulations of the applicable zone, as listed in subsection 18.2.3.200.C.1, rental units may be converted to 2 for-purchase units, as set forth in Table 18.2.3.200.C.2 and the standards below: 3 a. Conversion of existing multiple-family structures to for-purchase housing shall comply with the following general regulations and the site development and design 4 standards in part 18.4: number of bike and automobile parking spaces, trash, and 5 recycling enclosures. 6 b. Conversion of existing multiple-family structures to for-purchase housing shall demonstrate that there are adequate public facilities and public services available to 7 serve the development, including but not limited to water, sewer, electric, fire 8 protection, and storm drainage. 9 c. Conversion of existing multiple-family structures to for-purchase housing shall improve the street frontage to meet adopted the applicable design standards of this 10 ordinance, including landscaping, sidewalks and street trees, pursuant to part 18.4. 11 12 Table 18.2.3.200.C.2: Conversion of Nonconforming Multifamily Dwelling Rental Units 13 to For-Purchase Units Affordable Affordable Number of 14 Market Rate Ownership Market Rate Rentals Dwelling Units on Ownership (per Sec. Rentals (per Sec. Tax Lot 15 18.2.5.050) 18.2.5.050) 2-4 75% 25% 0% 0% 16 5-12 56.25% 0% 25% 18.75% 17 13-24 37.50% 0% 50% 12.50% 25-48 18.75% 0% 75% 6.25% 18 48+ 0.00% 0% 100% 0% 19 3. As an incentive to provide affordable rental housing units above minimum requirements 20 in projects of five or more units, an applicant shall be granted an equal percentage of for- 21 purchase ownership units per Table 18.2.3.200.C.3. 22 Table 18.2.3.200.C.3: For-Purchase Unit Bonus Where Affordable Units Exceed 23 Minimum Affordable Affordable 24 Number of Market Rate Ownership Market Rate Rentals Dwelling Units on Ownership (per Sec. Rentals (per Sec. 25 Tax Lot 18.2.5.050) 18.2.5.050) 26 2-4 na na na na 5-12 68.75% na 0% 31.25% 27 13-24 62.50% na 0% 37.50% 28 25-48 56.25% na 0% 43.75% 48+ 50.00% na 0% 50.00% 29 30 4. Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from further consideration of conversion to for-purchase housing. 26117 ORDINANCE NO. # Page of 1 5. Affordable Housing Units provided under 18.2.3.200.C.2 and 18.2.3.200.C.3 shall meet the following affordability standards: 2 a. Affordable Rental Units shall be affordable for rent by households earning at or 3 below 60 percent of the AMI in accordance with the standards established by section 18.2.5.050 (Resolution 2006-13). 4 b. Affordable Ownership Units shall be affordable for purchase by households earning 5 at or below 80 percent of the AMI in accordance with the standards established by 6 section 18.2.5.050 (Resolution 2006-13). 7 6. Prior to offering any units for sale the developer must comply with AMC 15.04. 8 7. Conversion of existing rental units into for-purchase housing shall comply with AMC 10.115. 9 10 SECTION 7. Section 18.2.5.030 \[Unified Standards for Residential Zones Standards for 11 Residential Zones\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 12 13 18.2.5.030 Unified Standards for Residential Zones A. Standards for Urban Residential Zones. Table 18.2.5.030.A contains standards for 14 the R-1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in 15 subsections 18.2.5.030.B and 18.2.5.030.C. 16 Table 18.2.5.030.A Standards for Urban Residential Zones 17 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) 18 19 R-1 StandardR-2R-3 20 R-1-10 R-1-7.5 R-1-5 R-1-3.5 21 Residential Density (dwelling 22 units/acre) 23 NA NA NA NA See density standards in Sec. 18.2.5.080 Per Min. Lot Per Min. Per Min. Lot Per Min. Lot 24 - Minimum AreaLot AreaAreaArea - Maximum 25 See also Sec. 18.2.5.080, for R-2 and R-3 zones 26 27 Lot Area Minimum (square feet) 28 - Lot 1 10,000 sf7,500 sf5,000 sf, 5,000 sfSee density standards in 6,000 sf for Sec. 18.2.5.080 29 corner lots 30 27117 ORDINANCE NO. # Page of 1 Table 18.2.5.030.A Standards for Urban Residential Zones 2 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) 3 4 R-1 StandardR-2R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 5 6 1 Exception providing for minimum lot area of 3,500 sf in R-1-3.5 zone applies only where the lot contains an existing single-family dwelling that meets setback, density, and lot coverage standards; variances under this section 7 are subject to Type I procedure. 8 2 2 2 2 Lot Width Minimum (feet)75 ft65 ft50 ft50 ft50 ft50 ft 9 2 Width shall not exceed depth 10 11 Lot Depth (feet) 80 ft 80 ft 80 ft 80 ft 80 ft 80 ft - Minimum 12 150 ft150 ft150 ft250% of 250% of 250% of 3 - Maximum widthwidthwidth 3 13 Does not apply to Partitions 14 4 Standard Yards Minimum (feet) 15 - Front Standard, 15 ft15 ft15 ft15 ft15 ft15 ft 16 except: 17 - Front Unenclosed 8 ft 8 ft 8 ft 8 ft8 ft8 ft 5 Porch 18 - Front Garage 20 ft20 ft20 ft20 ft20 ft20 ft 19 Opening 20 - Side Standard 6 ft6 ft6 ft6 ft6 ft6 ft 21 - Side Corner Lot 10 ft10 ft10 ft10 ft10 ft10 ft Adjacent to Street 22 - Rear Single-Story 10 ft10 ft10 ft10 ft10 ft10 ft 23 Building 24 - Rear Multi-Story 10 ft per 10 ft per 10 ft per 10 ft per 10 ft per 10 ft per Bldg Building Bldg Story, Bldg Bldg Story, Bldg Story, Bldg Story, Story, 5 feet 25 Story, 5 5 ft per Half 5 feet per 5 feet per per Half 5 ft per Half 26 ft per StoryHalf StoryHalf StoryStory Story Half 27 Story 28 4 See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with Solar 29 Access requirements in chapter 18.4.8. 5 For setback, or the width of any existing public utility easement, whichever is greater; an unenclosed porch must 30 be no less than 6 feet in depth and 8 feet in width, see section 18.6.1.030 for definition of porch; in the Historic District Overlay unenclosed porch provisions do not apply, and the minimum front yard is 20 ft. 6 Does not apply to a side yard adjacent to an alley. 28117 ORDINANCE NO. # Page of 1 Table 18.2.5.030.A Standards for Urban Residential Zones 2 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) 3 4 R-1 StandardR-2R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 5 6 7 7 7 7 Building Separation, On Same NANANANA½ the height of the tallest Site Minimum building, where building 7 height is measured at the two closest exterior walls; 8 maximum separation 9 8 required is 12 ft (see Figure 18.3.9.070.B) 10 11 12 7 Except as required under chapter 18.3.9 Performance Standards Option. 13 8 Except as required by building code; accessory structures are exempt from this requirement and subject to applicable building code requirements. 14 35 ft or 2 ½ 15 stories, 9 Building Height Maximum 35 ft or 2 ½ stories, whichever is less, except structures within except up to 16 (feet)Historic District Overlay shall not exceed 30 ft50 ft with CU 17 permit approval 18 9 See figure in the definition of height of building in section 18.6.1.030. 19 10 Lot Coverage Maximum 20 40%45%50%55%65%75% (% of lot area) 21 22 10 A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; 23 the porous solid surface exemption does not apply to driveways and parking areas. 11 Within Cottage Housing Developments up to 10% of the permitted lot coverage may be developed in an 24 approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum. 25 Landscape Area Minimum 60%55%50%45%35%25% 26 (% of developed lot area) 27 28 29 30 29117 ORDINANCE NO. # Page of 1 Table 18.2.5.030.A Standards for Urban Residential Zones 2 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) 3 4 R-1 StandardR-2R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 5 6 Outdoor RecreationOpen NANANANA8%8% Space - Minimum (% of site 7 11 area) 8 12 See chapter 18.3.9 for 9 common additional open space requirements in 10 Performance Standard Options developments. 11 12 B. Woodland Residential Zone. Standards for the Woodland Residential (WR) zone 13 follow: 14 Table 18.2.5.030.B Standards for Woodland Residential (WR) Zone 15 (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) 16 Slope Min. Lot Size DU/Acre Minimum Lot Area and Maximum Density Less than 40% 2.0 .5 17 Limits on density transfer . All developments, 40 to 50% 2.5 .4 with the exception of partitioning, must be 18 50 to 60% 5.0 .2 developed under the Performance Standards Over 60% 10.0 .1 Option, chapter 18.3.9. Not more than 25% of 19 Outside UGB 20.0 .05 the density allowed in a WR zone may be transferred to a higher density zone in a 20 Performance Standard Options development. 21 1 Lot Coverage Maximum (% of lot area) 7% 22 1 A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous 23 solid surface exemption does not apply to driveways and parking areas. Lot Width - Minimum (feet) 100 ft 24 Lot Depth - Minimum and Maximum (feet) 150 ft 25 2 Standard Yards Minimum (feet) 26 - Front Standard 20 ft - Side Standard, except: 6 ft 27 - Side Corner-Street/Alley Side 10 ft 28 - Rear Single-Story Building 10 ft - Rear Multi-Story Building 10 ft per Bldg Story 29 2 See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback 30 exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with Solar Access requirements in chapter 18.4.8. Maximum Building Height 35 ft or 2 ½ stories, whichever is less. 30117 ORDINANCE NO. # Page of C. Rural Residential Zone. 1 Standards for the Rural Residential (RR) zone follow: 2 Table 18.2.5.030.C Standards for Rural Residential (RR) Zone 3 (Except as modified under chapter 18.5.5 and Variances or chapter 18.3.9 Performance Standards Option.) 4 1 Zone Min. Lot Size* Minimum Lot Area and Maximum Density RR-.5 0.5 acre 5 See also 18.2.5.080 Residential Density. RR-1 1 acre RR-2.5 2.5 acres 6 1 The minimum lot size depends on the topographic nature, service availability, surrounding land uses, and other relevant characteristics of the area. 7 2 Lot Type Lot Coverage Lot Coverage Maximum (% of lot area) RR-.5 20% 8 RR-1 12% RR-2.5 7% 9 2 A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous 10 solid surface exemption does not apply to driveways and parking areas. 11 Lot Width - Minimum (feet) 100 ft Lot Depth - Minimum and Maximum (feet) 150 ft and not more than 300% of width 12 3 Standard Yards Minimum (feet) - Front Standard 20 ft 13 - Side Standard, except: 6 ft - 14 Side Corner-Street/Alley Side 10 ft - Rear Single-Story Building 10 ft 15 - Rear Multi-Story Building 10 ft per Bldg Story 16 3 See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with Solar Access 17 requirements in chapter 18.4.8. Maximum Building Height 35 ft or 2 ½ stories, whichever is less; except 18 the height of agricultural structures is not limited, when the structure is placed 50 feet or 19 more from all property lines. 20 SECTION 8. 21 Section 18.3.2.060 \[Site Development and Design Standards - Croman Mill 22 District\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 23 18.3.2.060 Site Development and Design Standards 24 B. Site and Building Design Standards. The Croman Mill District Design Standards provide specific requirements for the physical orientation, uses, and arrangement of buildings; the 25 management of parking; and access to development parcels. Development located in the 26 Croman Mill District shall be designed and constructed consistent with the following design standards. Additional design standards apply and are specified for developments located 27 adjacent to an active edge street, or that are located within the NC, MU, and OE zones. A 28 site layout, landscaping, or building design in a manner inconsistent with the Croman Mill District Design Standards requires a minor amendment in accordance with subsection 29 18.3.2.030.B. 30 1. Building Orientation and Scale General Requirements. The following standards apply to all buildings, except the Staff Advisor may waive one or more of the following where a 31117 ORDINANCE NO. # Page of 1 building is not adjacent to an active edge street and is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices. 2 a. Buildings shall have their primary orientation toward the street rather than the 3 parking area. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. 4 b. All front doors must face streets and walkways. Where buildings are located on a 5 corner lot, the entrance shall be oriented toward the higher order street or to the lot 6 corner at the intersection of the streets. 7 d. Buildings on corner lots shall be located as close to the intersection corner as practicable. 8 e. Public sidewalks shall be provided adjacent to a public street along the street 9 frontage. 10 f. Building entrances shall be located within ten feet of the public right of way to which 11 they are required to be oriented. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved 12 access or for sites with multiple buildings where this standard is met by other 13 buildings. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. 14 g. Automobile circulation or parking shall not be allowed between the building and the 15 right-of-way. 16 h. Buildings shall incorporate lighting and changes in mass, surface or finish giving 17 emphasis to entrances. 18 2. Building Orientation and Scale Additional Requirements Adjacent to Active Edge Street or Within NC, MU or OE Zones. Where development is adjacent to an active edge 19 street as illustrated in Figure 18.3.2.060.B.2 or is within a NC, MU or OE zones, it shall 20 conform to all of the following standards. 21 22 23 24 25 26 27 28 29 30 32117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Figure 18.3.2.060.B.2 21 Active Edge Streets 22 a. Buildings shall be setback not more than ten feet from a public sidewalk unless addition setback area is used for pedestrian entries, such as alcoves, or for 23 pedestrian activities such as plazas or outside eating areas. This standard shall 24 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 ten 25 feet of the sidewalk. 26 b. Building frontages greater than 100 feet in length shall have offsets, jogs or have 27 other distinctive changes in the building façade. 28 c. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. 29 d. Buildings shall incorporate display areas, windows, and doorways as follows. 30 Windows must allow view into working areas or lobbies, pedestrian entrances, or displays areas. Blank walls within 30 feet of the street are prohibited. 33117 ORDINANCE NO. # Page of 1 e. At least 50 percent of the first-floor façade is comprised of transparent openings (clear glass) between three and eight feet above grade. 2 3. Building Orientation for Within the NC, MU, and OE Zones, and Not Adjacent to an 3 public Active Edge Street. Any wall that is within 30 feet of the street, plaza or other park or common open space shall contain at least 20 percent of the wall area facing 4 the street in display areas, windows, or doorways. Up to 40 percent of the length of the 5 building perimeter can be exempted for this standard if oriented toward loading or service areas. 6 4. Parking Areas and On-Site Circulation. Except as otherwise required by this chapter, 7 automobile parking, loading, and circulation areas shall comply with the requirements of 8 chapter part 18.4 Site Development and Design Standards and the following standards. 9 a. Primary parking areas shall be located behind buildings with limited parking on one side of the building, except that parking shall be located behind buildings only where 10 development is adjacent to an active edge street or is within a NC, MU or OE zone. 11 b. Parking areas shall be shaded by deciduous trees, buffered from adjacent non- 12 residential uses and screened from non-residential uses. 13 c. Maximum On-Site Surface Parking. After a parking management strategy for the Croman Mill District is in place, a maximum of 50 percent of the required off-street 14 parking can be constructed as surface parking on any development site. The 15 remaining parking requirement can be met through one or a combination of the credits for automobile parking in chapter 18.4.3 Parking, Access, and Circulation. 16 5. Streetscapes. One street tree chosen from the street tree list shall be placed for each 30 17 feet of frontage for that portion of the development fronting the street. Street trees shall 18 meet the standards of section 18.4.4.030 Landscaping and Screening. Developments adjacent to active edge streets, or within NC, MU, and OE zones shall utilize hardscape 19 (paving material) to designate people areas. Sample materials could be unit masonry, 20 scored and colored concrete, pavers, or combinations of these materials. 21 6. Building Materials. Buildings may not incorporate glass as a majority of the building skin, and bright or neon paint colors used extensively to attract attention to the building or use 22 are prohibited. 23 7. Building Height Standards. All buildings shall have a minimum height, as indicated in the 24 Building Height Requirements map and Table 18.3.2.050 Croman Mill Dimensional Standards, and shall not exceed the maximum height standards in that table, except as 25 approved under subsection 18.3.2.060.C. 26 a. Street Wall Height. Maximum street wall façade height for the Croman Mill District for 27 all structures located outside the Residential Buffer Zone is 50 feet. 28 b. Upperfloor Setback. Buildings taller than 50 feet must step back upper stories, beginning with the fourth story, by at least six feet measured from the façade of the 29 publiccommon street wall facing the street, alleyway, park or open space. 30 c. Residential Buffer Zone. All buildings in the Croman Mill District within the Residential Buffer Zone (see Figure 18.3.2.060.B.7.c) shall meet the following height 34117 ORDINANCE NO. # Page of 1 standards. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Figure 18.3.2.060.B.7.c Residential Buffer Zone 23 i. Maximum Height. The maximum height allowance without a performance 24 standards bonus for all structures within the Residential Buffer Zone is 35 feet in the NC zone and 40 feet in the MU zone, and the maximum height with a bonus 25 is 40 feet in accordance with subsection 18.3.2.060.C.13. 26 ii. Upper Floor Setback Requirements. Buildings taller than two stories must step back the third story by at least six feet measured from the façade facing the 27 publiccommon street, alleyway, park or open space. 28 8. Design of Large-Scale Buildings. For buildings located adjacent to active edge streets, 29 or within NC, MU, and OE Zones, the following architectural standards apply to buildings with a gross floor area greater than 10,000 square feet, a façade length in excess of 100 30 feet, or a height taller than 45 feet. a. On upper floors, use windows and/or architectural features that provide interest on all 35117 ORDINANCE NO. # Page of 1 four sides of the building. b. Use recesses and projections to visually divide building surfaces into smaller scale 2 elements. 3 c. Use color or materials to visually reduce the size, bulk, and scale of the building. 4 d. Divide large building masses into heights and sizes that relate to human scale by 5 incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale lighting. 6 e. On-site circulation systems shall incorporate a streetscape containing curbs, 7 sidewalks, pedestrian-scale light standards and street trees. 8 9. Landscaping. In addition to the requirements of chapter 18.4.4 Landscaping, Lighting, 9 and Screening, development shall conform to the following standards. 10 a. Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. 11 b. Landscaping design shall utilize a variety of low water use deciduous and evergreen 12 trees, shrubs, and flowering plant species as described in subsection 18.4.4.030.I. 13 c. For developments in the CI zone and not adjacent to an active edge street, buildings 14 adjacent to streets shall be buffered by landscaped areas at least ten feet in width, unless the area is used for entry features such as alcoves or as hardscape areas for 15 pedestrian activities such as plazas or outside eating areas. 16 d. Loading facilities shall be screened and buffered when adjacent to residentially 17 zoned land. 18 e. Landscaping shall be designed so that 50 percent coverage occurs after one year and 90 percent coverage occurs after five years. 19 f. Irrigation systems shall be installed to ensure landscaping success. 20 10. Lighting. Development shall provide adequate lighting, including pedestrian-scale 21 lighting not greater than 14 feet in height along pedestrian pathways. All lighting shall conform to section 18.4.4.050 Outdoor Lighting. 22 11. Screening Mechanical Equipment. In addition to meeting the requirements of chapter 23 18.4.4 Landscaping, Lighting, and Screening all development shall conform to the 24 following standards. 25 a. Screen rooftop mechanical equipment from public rights-of-way or adjacent residentially zoned property through extended parapets or other roof forms that are 26 integrated into the overall composition of the building. 27 b. Parapets may be erected up to five feet above the height limit specified in the district 28 in accordance with section 18.3.2.050 Dimensional Standards. 29 c. Screen ground floor mechanical equipment from public rights-of-way and adjacent residentially zoned property. 30 d. Solar energy systems are exempt from the screening requirements in subsections 18.3.2.060.B.11.a and 18.3.2.060.B.11.c, above. Additionally, rooftop solar energy 36117 ORDINANCE NO. # Page of 1 systems may be erected up to five feet above the calculated building height, and shall be no greater than five feet above the height limit specified in the district in 2 accordance Table 18.3.2.050 Dimensional Standards. 3 e. Installation of mechanical equipment requires Site Design Review approval, unless otherwise exempted per chapter 18.5.2 Site Design Review. 4 12. Transit Facilities Standards. The location of planned transit routes within the Croman Mill 5 District shall be defined according to the Croman Mill District Transit Framework map 6 (see Figure 18.3.2.060.B.12) in collaboration with the local transit authority. Transit service facilities such as planned bus rapid transit facilities, shelters, and pullouts shall 7 be integrated into the development application consistent with the following standards. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Figure 18.3.2.060.B.12 29 Transit Framework 30 a. All large scale development located on an existing or planned transit route shall accommodate a transit stop and other associated transit facilities unless the Community Development Director determines that adequate transit facilities already 37117 ORDINANCE NO. # Page of 1 exist to serve the needs of the development; or b. Provide the City with a bond or other suitable collateral ensuring satisfactory 2 completion of the transit facilities at the time transit service is provided to the 3 development. Suitable collateral may be in the form of security interest, letters of credit, certificates of deposit, cash bonds, bonds or other suitable collateral as 4 determined by the City Administrator. 5 13. Freight Rail Spur Easement CI zone 6 a. A Rail Spur easement a minimum of 500 feet in length by 25 feet in width shall be set 7 aside at the approximate location in the Transit Framework Map in Figure 18.3.2.060.B.12 (see also, easement area in Figure 18.3.2.060.B.13.a). 8 9 10 11 12 13 14 15 16 17 18 19 Figure 18.3.2.060.B.13.a Freight Rail Spur 20 b. No buildings or permanent structures can be established within the spur easement 21 so not to preclude installation of a rail spur for freight loading and unloading. 22 c. Buildings adjacent to the reserve strip shall be designed and configured to permit 23 loading and unloading. 24 14. Commuter Rail Platform Easement NC Zone 25 a. A commuter rail platform easement or designated railroad right-of-way a minimum of 400 feet in length and 25 feet in width shall be set aside at the approximate location 26 presented on the Transit Framework map (see also, easement area in Figure 27 18.3.2.060.B.14.a). 28 29 30 38117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 Figure 18.3.2.060.B.14.a 13 Transit Center 14 b. No building or permanent structure shall be placed within the platform easement or in 15 such a way as to preclude installation of a commuter rail platform or planned bus rapid transit facility. 16 c. Buildings adjacent to the reserve strip shall be designed and configured to permit 17 loading and unloading. 18 15. Transit Plaza. A location for the transit plaza shall be reserved between the commuter rail platform and commercial uses along the central boulevard. The design of the plaza 19 as illustrated in Figure 18.3.2.060.B.15 shall include the following elements. 20 a. A passenger waiting, loading, and unloading area. 21 b. Outdoor gathering space adjacent to commercial uses. 22 c. Accommodate the central bike path. 23 d. Conveniently located and secure bike parking. 24 25 26 27 28 29 30 39117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 Figure 18.3.2.060.B.15 Transit Plaza 12 Open spaces 16. Central Park. The purpose of the central park is to serve as a public 13 amenity and accommodate the daily needs of employees (e.g., breaks, lunch time) as well as for special events that will attract residents citywide. The central park design as 14 illustrated in Figure 18.3.2.060.B.16 shall provide a minimum of the following elements. 15 16 17 18 19 20 21 22 23 24 25 Figure 18.3.2.060.B.16 Central Park 26 central a. Circulation through and around the park. 27 b. A centrally located hardscape area to accommodate large gatherings, and of no central more than 50 percent of the total park area. 28 c. Street furniture, including lighting, benches, low walls, and trash receptacles along 29 central walkways and the park perimeter. 30 d. Simple and durable materials. e. Trees and landscaping that provide visual interest with a diversity of plant materials. 40117 ORDINANCE NO. # Page of 1 f. Irregular placement of large-canopy trees within passive areas adjacent to the central boulevard. 2 g. Eight-foot minimum sidewalk width and seven-foot minimum park row width. 3 h. Landscaped swales to capture and treat runoff. 4 i. Porous solid surfacing for at least 50 percent of the hardscape area, and paving 5 materials that reduce heat absorption (Solar Reflective Index (SRI) of at least 29). 6 17. Compact Development. New development shall provide a compact development pattern. This standard is met where the site layout enables future intensification of development 7 and changes to land use over time, as applicable. The following measures shall be used 8 to demonstrate compliance with this standard. 9 a. The development achieves the required minimum floor area ratio (FAR) and minimum number of stories, or shall provide a shadow plan that demonstrates how 10 development may be intensified over time for more efficient use of land and to meet 11 the required FAR and minimum number of stories. 12 b. Opportunities for shared parking are utilized. 13 14 SECTION 9. Section 18.3.2.070 \[Open Space Zone - Croman Mill District\] of the Ashland Land 15 Use Ordinance is hereby amended to read as follows: 16 18.3.2.070 Open Space Zone 17 All projects containing land identified as open space on the Croman Mill District Zoning map common areas or public park or common shall dedicate those areas as open space. It is 18 recognized that the master planning of the properties as part of the Croman Mill Site 19 Redevelopment Plan imparted significant value to the land, and the required dedication of those lands within the Croman Mill District for open space and conservation purposes is proportional 20 to the value bestowed upon the property through the change in zoning designation. 21 22 SECTION 10. Section 18.3.4.030 \[General Regulations - Normal Neighborhood\] of the Ashland 23 Land Use Ordinance is hereby amended to read as follows: 24 18.3.4.030 General Regulations 25 A. Conformance with the Normal Neighborhood Plan . Land uses and development, 26 common including construction of buildings, streets, multi-use paths, and open space shall be located in accordance with those shown on the Normal Neighborhood Plan maps 27 adopted by Ordinance #3117, 3118 & 3119 (December 15, 2015) 28 B. Performance Standards Overlay. All applications involving the creation of three or 29 more lots shall be processed under chapter 18.3.9 Performance Standards Option. 30 C. Amendments. Major and minor amendments to the Normal Neighborhood Plan shall comply with the following procedures: 41117 ORDINANCE NO. # Page of 1 1. Major and Minor Amendments a. Major amendments are those that result in any of the following. 2 A change in the land use overlay designation. i. 3 A change in the maximum building height dimensional standards in section ii. 4 18.3.4.050 5 A change in the allowable base density, dwelling units per acre, in section iii. 6 18.3.4.050. 7 A change in the Plan layout that eliminates a street, access way, multi-use path iv. or other transportation facility. 8 A change in the Plan layout that provides an additional vehicular access point v. 9 onto East Main Street or Clay Street. 10 A change not specifically listed under the major and minor amendment vi. 11 definitions. 12 b. Minor amendments are those that result in any of the following. 13 A change in the Plan layout that requires a street, access way, multi-use path i. or other transportation facility to be shifted 50 feet or more in any direction as 14 long as the change maintains the connectivity established by Normal Avenue 15 Neighborhood Plan. 16 A change in a dimensional standard requirement in section 18.3.4.050, but not ii. including height and residential density. 17 A change in the Plan layout that changes the boundaries or location of an open iii. 18 space area to correspond with a delineated wetland and water resource protection zone, or relocation of a designated open space area. 19 2. Major Amendment. Type II Procedure. A major amendment to the Normal Neighborhood 20 Plan is subject to a public hearing and decision under a Type II Procedure. A major 21 amendment may be approved upon finding that the proposed modification will not adversely affect the purpose of the Normal Neighborhood Plan. A major amendment 22 requires a determination by the City that: 23 a. The proposed amendment maintains the transportation connectivity established by 24 the Normal Neighborhood Plan. 25 b. The proposed amendment furthers the street design and access management concepts of the Normal Neighborhood Plan. 26 c. The proposed amendment furthers the protection and enhancement of the natural 27 systems and features of the Normal Neighborhood Plan, including wetlands, 28 stream beds, and water resource protection zones by improving the quality and function of existing natural resources. 29 d. The proposed amendment will not reduce the concentration or variety of housing 30 types permitted in the Normal Neighborhood Plan. 42117 ORDINANCE NO. # Page of 1 e. The proposed amendment is necessary to accommodate physical constraints evident on the property, or to protect significant natural features such as trees, 2 rock outcroppings, streams, wetlands, water resource protection zones, or similar 3 natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment. 4 a. . Type 1 Procedure Minor amendments to the Normal Neighborhood Development 5 Plan as identified in 18.3.4.030.C.1.b.i and 18.3.4.030.C.1.b.ii are subject to an 6 administrative decision under the Type I Procedure. 7 b. . Type II Procedure A minor amendment to the Normal Neighborhood Development Plan as identified in 18.3.4.030.C.1.b.iii is subject to a public hearing and decision 8 under a Type II Procedure. 9 c. Minor amendments are subject to the Exception to the Site Design and Use 10 Development Standards of chapter 18.5.2.050.E. 11 12 SECTION 11. Section 18.3.4.040 \[Use Regulations - Normal Neighborhood District\] of the 13 Ashland Land Use Ordinance is hereby amended to read as follows: 14 18.3.4.040 Use Regulations 15 A. Plan Overlay Zones . There are four Land Use Designation Overlays zones within the Normal Neighborhood Plan are intended to accommodate a variety of housing opportunities, 16 preserve natural areas and provide open space. 17 . 1. Plan NN-1-5 zoneThe use regulations and development standards are intended to 18 create, maintain and promote single dwelling neighborhood character. A variety of housing types are allowed, in addition to the detached single dwelling. Development 19 standards that are largely the same as those for single dwellings ensure that the overall 20 image and character of the single dwelling neighborhood is maintained. 21 2. Plan NN-1-3.5 zone. The use regulations and development standards are intended to create, maintain and promote single dwelling neighborhood character. A variety of 22 housing types are allowed including multiple compact attached and/or detached 23 dwellings. Dwellings may be grouped around common open space promoting a scale and character compatible with single-family homes. Development standards that are 24 largely the same as those for single dwellings ensure that the overall image and 25 character of the single dwelling neighborhood is maintained. 26 . 3. Plan NN-1-3.5-C zone The use regulations and development standards are intended to provide housing opportunities for individual households through development of multiple 27 compact attached and/or detached dwellings with the added allowance for 28 neighborhood-serving commercial mixed-uses so that many of the activities of daily living can occur within the Normal Neighborhood. The public streets within the vicinity 29 of the NN-1-3.5-C overlay are to provide sufficient on-street parking to accommodate 30 ground floor neighborhood business uses. 43117 ORDINANCE NO. # Page of 1 4. Plan NN-2 zone. The use regulations and development standards are intended to create and maintain a range of housing choices, including multi-family housing within the 2 context of the residential character of the Normal Neighborhood Plan. 3 B. Normal Neighborhood Plan Residential Building Types. The development standards for the Normal Neighborhood Plan will preserve neighborhood character by incorporating four 4 distinct land use overlay areas with different concentrations of varying housing types. 5 1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a detached 6 residential building that contains a single dwelling with self-contained living facilities on one lot. It is separated from adjacent dwellings by private open space in the form of side 7 yards and backyards, and set back from the public street or common green by a front 8 yard. Auto parking is generally on the same lot in a garage, carport, or uncovered area. The garage may be detached or attached to the dwelling structure. 9 . 2. Accessory Residential UnitAn Accessory Residential Unit is a secondary dwelling unit 10 on a lot, either attached to the single-family dwelling or in a detached building located on 11 the same lot with a single-family dwelling, and having an independent means of entry. 12 . 3. Double Dwelling Residential Unit(Duplex)A Double Dwelling Residential Unit is a residential building that contains two dwellings located on a single lot, each with self- 13 contained living facilities. Double Dwelling Residential Units must share a common wall 14 or a common floor/ ceiling and are similar to a Single Dwelling Unit in appearance, height, massing and lot placement. 15 4. Attached Residential Unit (Townhome, Row house). An Attached Residential Unit is 16 single dwelling located on an individual lot which is attached along one or both sidewalls 17 Private open space may take the form of front yards, to an adjacent dwelling unit. backyards, or upper level terraces. The dwelling unit may be set back from the public 18 street or common green by a front yard. 19 . 5. Clustered Residential Units - Pedestrian-OrientedPedestrian-Oriented Clustered 20 Residential Units are multiple dwellings grouped around common open space that promote a scale and character compatible with single-family homes. Units are typically 21 arranged around a central common green under communal ownership. Auto parking is 22 generally grouped in a shared surface area or areas. 23 6. Multiple Dwelling Residential Unit. Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings 24 may take the form of condominiums or apartments. Auto parking is generally provided in 25 a shared parking area or structured parking facility. 26 7. Cottage Housing.Cottage Housing Units are small dwellings in developments approved in accordance with the standards in 18.2.3.090. 27 C. Allowed Uses. 28 1. Uses Allowed in Normal Neighborhood District. Allowed uses include those that are 29 permitted, permitted subject to special use standards, and allowed subject to a 30 conditional use permit. Where Table 18.3.4.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 44117 ORDINANCE NO. # Page of 1 Similar Uses. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See 2 section 18.5.1.020 Determination of Review Procedure. 3 a. Permitted Uses. Uses listed as Permitted (P) are allowed. 4 b. Permitted Subject to Special Use Standards. Uses listed as Permitted Subject to Special Use Standards (S) are allowed, provided they conform to chapter 18.2.3 5 Special Use Standards. 6 c. Conditional Uses. Uses listed as Conditional Use Permit Required (C) are allowed 7 subject to the requirements of chapter 18.5.4 Conditional Use Permits. 8 d. Prohibited Uses. Uses not listed in Table 18.3.4.040, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are 9 prohibited. 10 2. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 11 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the 12 underlying zone. 13 3. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one 14 another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. 15 Table 18.3.4.040 Normal Neighborhood District Uses Allowed by Normal Neighborhood District 16 Zone 10 Zones 11 17 18 NN-NN-1-NN-1-NN- 19 153.53.5C2 A. Residential Uses 20 Single Dwelling Residential Unit P P N N (Single-Family Dwelling) 21 Accessory Residential Unit, see Sec. 18.2.3.040 P or S P or S P or S N 22 Double Dwelling Residential Unit N P P P (Duplex Dwelling) 23 Cottage HousingP N N N 24 Clustered Residential Units N P P P Attached Residential Unit N P P P 25 Multiple Dwelling Residential Unit N P P P 26 (Multi family Dwelling) Manufactured Home on Individual Lot P P P P 27 Manufactured Housing Development N P P P 28 B. Neighborhood Business and Service Uses Home Occupation P P P P 29 30 Retail Sales and Services, with each building limited to 3,500 square feet of N N P N gross floor area 45117 ORDINANCE NO. # Page of 1 Table 18.3.4.040 Normal Neighborhood District Uses Allowed by Normal Neighborhood District 1011 Zone Zones 2 3 4 Professional and Medical Offices, with each building limited to 3,500 square N N P N feet of gross floor area 5 6 Light manufacturing or assembly of items occupying six hundred (600) 7 N N P N square feet or less, and contiguous to the permitted retail use. 8 Restaurants N N P N 9 Day Care Center N N P N 10 Assisted Living Facilities N C C C C. Residential Uses 11 Religious Institutions and Houses of Worship C C C C 12 13 Public Buildings P P P P Community Gardens P P P P 14 Open Space and Recreational Facilities P P P P 15 P = Permitted Use; S = Permitted with Special Use Standards; C = Conditional Use Permit Required; N = Not Allowed 16 17 SECTION 12. Section 18.3.4.060 \[Site Development and Design Standards - Normal 18 Neighborhood District\] of the Ashland Land Use Ordinance is hereby amended to read as 19 20 follows: 18.3.4.060 Site Development and Design Standards. The Normal Neighborhood District 21 Design Standards provide specific requirements for the physical orientation, uses and 22 arrangement of buildings; the management of parking; and access to development parcels. 23 Development located in the Normal Neighborhood District must be designed and constructed standards. consistent with the Site Design and Use Standards chapter 18.5.2 and the following 24 A. Street Design and Access Standards. Design and construct streets and public 25 improvements in accordance with the Ashland Street Standards. A change in the design of a street in a manner inconsistent with the Normal Neighborhood Plan requires a minor 26 amendment in accordance with section 18.3.4.030.B. 27 1. Conformance with Street Network Plan: New developments must provide avenues, 28 neighborhood collectors, streets, alleys, multi-use paths, and pedestrian and bicycle improvements consistent with the design concepts within the mobility chapter of the 29 Normal Neighborhood Plan Framework and in conformance with the Normal 30 Neighborhood Plan Street Network Map. 46117 ORDINANCE NO. # Page of 1 a. Streets designated as Shared Streets on the Normal Neighborhood Plan Street Network Map may be alternatively developed as alleys, or multiuse paths 2 provided the following: 3 i. Impacts to the water protection zones are minimized to the greatest extent feasible. 4 ii. Pedestrian and bicyclist connectivity, as indicated on the Normal Avenue 5 Neighborhood Plan Pedestrian and Bicycle Network Map, is maintained or 6 enhanced. 7 2. Storm water management. The Normal Neighborhood Plan uses street trees, green streets, and other green infrastructure to manage storm water, protect water quality and 8 improve watershed health. Discharge of storm water runoff must be directed into a 9 designated green street and neighborhood storm water treatment facilities. 10 a. Design Green Streets. Streets designated as Green Streets within the Street Network, and as approved by the Public Works Department, shall conform to the 11 following standards: 12 New streets must be developed so as to capture and treat storm water i. 13 in conformance with the City of Ashland Storm Water Master Plan. 14 3. Access Management Standards: To manage access to land uses and on-site circulation, and maintain transportation safety and operations, vehicular access 15 must conform to the standards set forth in section 18.4.3.080, and as follows: 16 a. Automobile access to development is intended to be provided by alleys where 17 possible consistent with the street connectivity approval standards. 18 b. Curb cuts along a Neighborhood Collector or shared street are to be limited to one per block, or one per 200 feet where established block lengths exceed 400 feet. 19 4. Required On-Street Parking. On-street parking is a key strategy to traffic calming 20 and is required along the Neighborhood Collector and Local Streets. 21 B. Site and Building Design Standards. 22 1. Lot and Building Orientation: 23 a. Lot Frontage Requirements. Lots in the Normal Neighborhood are required to have their Front Lot Line on a street or a Common Green. 24 b. Common Green. The Common Green provides access for pedestrians and 25 bicycles to abutting properties. Common greens are also intended to serve as 26 a common open space amenity for residents. The following approval criteria ĭƚƒƒƚƓ and standards apply to greens: 27 i. Common Greens must include at least 400 square feet of grassy area, play 28 area, or dedicated gardening space, which must be at least 15 feet wide at 29 its narrowest dimension. 30 2. Cottage Housing. Cottage Housing Developments in the Normal Neighborhood shall be developed in accordance with the standards in 18.2.3.090. 47117 ORDINANCE NO. # Page of 1 3. Conservation of Natural Areas.Development plans must preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and 2 wetlands. In addition to the requirements of 18.3.11 Water Resources Protection Zones 3 (Overlays), conserving natural water systems must be considered in the site design through the application of the following guidelines: 4 Designated stream and wetland protection areas are to be considered positive a. 5 design elements and incorporated in the overall design of a given project. 6 Native riparian plant materials must be planted in and adjacent to the creek to b. enhance habitat. 7 Create a long-term management plan for on-site wetlands, streams, associated c. 8 habitats and their buffers. 9 . 4. Storm Water Management Storm water run-off, from building roofs, driveways, parking 10 areas, sidewalks, and other hard surfaces must be managed through implementation of the following storm water management practices: 11 a. When required by the City Engineer, the applicant must submit hydrology and 12 hydraulic calculations, and drainage area maps to the City, to determine the 13 quantity of predevelopment, and estimated post-development, storm water runoff and evaluate the effectiveness of storm water management strategies. 14 Computations must be site specific and must account for conditions such as soil 15 type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. 16 b. Future Peak Storm water flows and volumes shall not exceed the pre-development 17 peak flow. The default value for pre-development peak flow is .25 CFS per acre. 18 c. Detention volume must be sized for the 25 year, 24-hour peak flow and volume. 19 d. Development must comply withone or more of following guidelines. 20 i. Implement storm water management techniques that endeavor to treat the 21 water as close as possible to the spot where it hits the ground through infiltration, evapotranspiration or through capture and reuse techniques. 22 ii. Use on-site landscape-based water treatment methods to treat rainwater runoff 23 from all surfaces, including parking lots, roofs, and sidewalks. 24 iii. Use pervious or semi-pervious surfaces that allow water to infiltrate soil. 25 iv. Design grading and site plans that create a system that slows the stormwater, maximizing time for cleansing and infiltration. 26 v. Maximizing the length of overland flow of storm water through bioswales and 27 rain gardens, 28 vi. Use structural soils in those environments that support pavements and trees yet 29 are free draining. 30 vii. Plant deep rooted native plants. 48117 ORDINANCE NO. # Page of 1 viii. Replace metabolically active minerals, trace elements and microorganism rich compost in all soils disturbed through construction activities. 2 . 5. Off-Street Parking Automobile parking, loading and circulation areas must comply with 3 the requirements of chapter 18.4.3 Parking, Access, and Circulation Standards, and as 4 follows: 5 a. Neighborhood serving commercial uses within the NN-1-3.5-C zone must have parking primarily accommodated by the provision of public parking 6 areas and on-street parking spaces, and are not required to provide 7 private off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit. 8 6. Neighborhood Module Concept plans. The Neighborhood Module Concept plans (i.e. 9 development scenarios) are for the purpose of providing an example of developments 10 that conform to the standards, and do not constitute independent approval criteria. Concept plans are attached to the end of this chapter. 11 : 7. Conformance with Open Space Network PlanNew developments must provide open 12 space consistent with the design concepts within the Greenway and Open Space 13 chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will 14 be designed to support the neighborhoods distinctive character and provide passive 15 recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved 16 and enhanced. 17 a. The application demonstrates that equal or better protection for identified 18 resources will be ensured through restoration, enhancement, and mitigation measures. 19 b. The application demonstrates that connections between open spaces are created 20 and maintained providing for an interlinked system of greenways. 21 c. The application demonstrates that open spaces function to provide habitat for 22 wildlife, promote environmental quality by absorbing, storing, and releasing storm water, and protect future development from flood hazards. 23 d. The application demonstrates that scenic views considered important to the 24 community are protected, and community character and quality of life are preserved by buffering areas of development from one another. 25 26 SECTION 13. Section 18.3.4.070 \[Open Spaces Overlay - Normal Neighborhood District\] of 27 the Ashland Land Use Ordinance is hereby amended to read as follows: 28 18.3.4.070. Open Space Area Overlay 29 All projects containing land identified as Open Space Areas on the Normal Neighborhood Plan 30 Open Space Network Map, unless otherwise amended per section 18.3.030.C, must dedicate common areascommon open space, those areas as: , public open space, or private open 49117 ORDINANCE NO. # Page of protected by restrictive covenant space . It is recognized that the master planning of the 1 properties as part of the Normal Neighborhood Plan imparted significant value to the land, and 2 recreational recreation, the reservation of lands for open space, and conservation purposes 3 is proportional to the value bestowed upon the property through the change in zoning designation and future annexation. 4 5 SECTION 14. Section 18.3.5.080 \[Open Spaces Zone - North Mountain Neighborhood\] of the 6 Ashland Land Use Ordinance is hereby amended to read as follows: 7 18.3.5.080 Open Spaces Zone NM-O 8 SsProposed Secondary Zoning Open paces identified on the Neighborhood Plan map shall 9 be developed as part of a specific project approval. If the project is proposed to be developed in 10 designateOoSs phases, 50 percent of the area of thed pen pace shall be developed in the first phase with the remainder of the area to be developed prior to building permit issuance for 2/3 of 11 the project's units. 12 13 SECTION 15. Section 18.3.5.100 \[Site Development and Design Standards - North Mountain 14 Neighborhood\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 15 18.3.5.100 Site Development and Design Standards 16 D. Open Space and Neighborhood Focal Point. 17 1. Open Space. A variety of open space types are located within the North Mountain Neighborhood and each type should be designed based upon its environmental impact 18 and benefiting attributes. Open space types within the area include the Bear Creek 19 Floodplain, pocket parks, pedestrian accessways, a commercial common (plaza), and of those s street medians. Each type of open spaces shall be accessible to the general 20 those public at all times. Development of open spaces shall be as follows. 21 a. Except for pedestrian accessways and a small picnic area, use of the Bear Creek 22 Floodplain shall be kept to a minimum. No buildings shall be permitted the area except for a small gazebo type structure associated with the picnic area. 23 b. Whenever possible, pocket parks and pedestrian access ways shall be linked to 24 formulate a more interesting and inevitable alternative. Each should be designed 25 around natural features minimizing their impact, but increasing their appeal. Developments fronting these areas are encouraged as long as vehicular access is 26 from an alley. See Figure 18.3.5.100.D.1.b. 27 28 SECTION 16. Section 18.3.9.040 \[Review Procedures and Criteria -Performance Standards 29 Option and PSO Overlay\] of the Ashland Land Use Ordinance is hereby amended to read as 30 follows: 50117 ORDINANCE NO. # Page of 1 18.3.9.040ReviewProceduresandCriteria Review Steps . There are two required steps to Performance Standards Options and PSO 2 Overlay approval, which may be completed individually or combined for concurrent review 3 pursuant to 18.3.9.040.A. 4 1. Application for outline plan approval. 5 2. Application final plan approval. 6 Permitting and guarantees for public improvements, including bonding, and the creation of common areas shall follow the same procedures as for a subdivision. 7 A. Outline Plan. A proposed Outline Plan shall accompany applications for subdivision 8 approval under this chapter. For developments of fewer than ten lots, the Outline Plan may 9 be filed concurrently with the Final Plan, as that term is defined in 18.3.9.040.B.4. For developments of ten or more lots, prior Outline Plan approval is mandatory. 10 1. Review Procedure. The Type II procedure in section 18.5.1.060 shall be used for the 11 approval of the outline plan. 12 2. Application Submission Requirements. The following information is required for a 13 Performance Standards Subdivision Outline Plan application submittal. 14 a. A topographic map showing contour intervals of five feet. 15 b. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property 16 lines and easements on the site, and existing buildings, structures, and trees greater 17 than six inches in diameter measured at breast height on the properties adjacent to the site, and all buildings within 160 feet of the site boundaries. 18 c. The locations of all proposed thoroughfares, walkways, and parking facilities. 19 open spaces, d. Public uses, including schools, parks, playgrounds, and trails. 20 e. Public or private utilities. 21 f. General areas of cuts and fill. 22 g. The location of natural features such as rock outcroppings, marshes, wooded areas, 23 and isolated preservable trees. 24 h. The location and direction of all watercourses and areas subject to flooding. 25 i. Proposed common and private open spaces. Private open spaces shall be indicated if the areas are proposed as part of the required open space area for 26 the development in section 18.4.4.070 (i.e., eight percent of total lot area in 27 open space). 28 ij . Plans shall indicate building envelopes for all proposed lots, which show the area and maximum height of improvements, including solar access and view protection 29 where required. 30 jk . Elevations of typical proposed residential structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all 51117 ORDINANCE NO. # Page of 1 attached exterior hardware for heating and cooling. kl . A written statement containing an explanation of: 2 i. The character of the proposed development and the manner in which it has been 3 designed to take advantage of the Performance Standards concept. 4 ii. The proposed manner of financing. 5 iii. The present ownership of all the land included within the development. 6 open such as common open iv. The method proposed to maintain common areas, 7 space, common thoroughfaresdrives and driveways buildings and private . 8 v. The proposed time schedule of the development. 9 vi. The findings of the applicant showing that the development meets the criteria set forth in this ordinance and the Comprehensive Plan. 10 3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline 11 plan when it finds all of the following criteria have been met. 12 a. The development meets all applicable ordinance requirements of the City. 13 b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire 14 protection, and adequate transportation; and that the development will not cause a 15 City facility to operate beyond capacity. 16 c. 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 17 common development and significant features have been included in the open 18 space, common areas, and unbuildable areas. 19 d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. 20 common e. There are adequate provisions for the maintenance of open space and 21 common areas, if required or provided, and that if developments are done in phases 22 that the early phases have the same or higher ratio of amenities as proposed in the entire project. 23 f. The proposed density meets the base and bonus density standards established 24 under this chapter. 25 g. The development complies with the Street Standards. 26 h. The proposed development meets the common open space standards 27 established under section 18.4.4.070. Common open space requirements may be satisfied by public open space in accordance with section 18.4.4.070 if 28 approved by the City of Ashland. 29 4. Approval of the Outline Plan. 30 a. After the City approves an outline plan and adopts any zone change necessary for the development, the developer may then file a final plan in phases or in its entirety. 52117 ORDINANCE NO. # Page of recreational b. If an outline plan is phased, 50 percent of the value of the 1 amenitiescommon open space shall be provided in the first phase and all 2 recreational amenitiescommon open space shall be provided when 2/3 of the 3 units are finished. 4 B. Final Plan 5 1. Review Procedure. The Type I procedure in section 18.5.1.050 shall be used for approval of final plans, unless an outline plan has been filed concurrently, in which case 6 Type II procedure shall be used, and the criteria for approval of an outline plan shall also 7 be applied. 8 2. Phasing. The final plan may be filed in phases as approved on the outline plan. 3. Expiration. If the final plan or the first phase of the outline plan is not approved within 18 9 months from the date of the approval of the outline plan, then the approval of the plan is 10 terminated and void and of no effect whatsoever. 11 4. Application Submission Requirements. The following information is required for a Performance Standards Subdivision Final Plan application submittal. 12 a. A topographic map showing contour intervals of five feet. 13 b. Location of all thoroughfares and walks, their widths and nature of their 14 improvements, and whether they are to be public or private. 15 c. Road cross-sections and profiles, clearly indicating the locations of final cuts and fills, 16 and road grades. 17 d. The location, layout, and servicing of all off-street parking areas. 18 e. The property boundary lines. 19 f. The individual lot lines of each parcel that are to be created for separate ownership. 20 g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, telephone lines, telephone cable, and lighting 21 plans. 22 h. Landscaping and tree planting plans with the location of the existing trees and 23 shrubs which are to be retained, and the method by which they are to be preserved. opencommon and private open i. Common areas and spaces, and the particular 24 Private open spaces shall be indicated if the areas are uses intended for them. 25 proposed as part of the required open space area for the development in section 18.4.4.070 (i.e., eight percent of total lot area in open space). 26 j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, 27 playgrounds, schools or public buildings. 28 k. A plan showing the following for each existing or proposed building or structure for all 29 sites except single-family, detached housing which meets the parent zone setbacks. 30 i. Its location on the lot and within the Planned Unit Development. ii. Its intended use. 53117 ORDINANCE NO. # Page of 1 iii. The number of dwelling units in each residential building. iv. Plans shall indicate building envelopes for all proposed lots, which show the area 2 and maximum height of improvements, including solar access and view 3 protection where required. 4 l. Elevations of typical proposed residential structures. Elevations should be to scale and should include the approximate dimensions of the proposed structures and all 5 attached exterior hardware for heating and cooling. 6 m. Manner of financing. 7 n. Development time schedule. 8 o. If individual lots are to be sold, a final plat is required, similar to that required for a 9 subdivision, per chapter 18.5.3 Land Divisions and Property Line Adjustments. 10 p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities, and plans for street improvements and grading or earth-moving improvements. 11 q. The location of all trees over six inches diameter at breast height, which are to be 12 removed by the developer. Such trees are to be tagged with flagging at the time of 13 Final Plan approval. See also, chapter 18.4.5 Tree Preservation and Protection. 14 5. Approval Criteria for Final Plan. Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is 15 intended solely to facilitate the minor modifications from one planning step to another. 16 Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. 17 a. The number of dwelling units vary no more than ten percent of those shown on the 18 approved outline plan, but in no case shall the number of units exceed those 19 permitted in the outline plan. 20 b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these 21 distances be reduced below the minimum established within this Ordinance. 22 common c. The open spaces vary no more than ten percent of that provided on the 23 outline plan. d. The building size does not exceed the building size shown on the outline plan by 24 more than ten percent. 25 e. The building elevations and exterior materials are in conformance with the purpose 26 and intent of this ordinance and the approved outline plan. 27 f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to 28 ensure that the performance level committed to in the outline plan will be achieved. 29 g. The development complies with the Street Standards. 30 h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of 54117 ORDINANCE NO. # Page of common dwelling units shall not be transferred to another phase, nor the open 1 space reduced below that permitted in the outline plan. 2 6. Any substantial amendment to an approved Final Plan shall follow a Type I procedure in 3 section 18.5.1.050 and be reviewed in accordance with the above criteria. 4 5 SECTION 17. Section 18.3.10.080 \[Development Standards for Flood Plain Corridor Lands - 6 Physical and Environmental Constraints Overlay\] of the Ashland Land Use Ordinance is hereby 7 amended to read as follows: 8 18.3.10.080 Development Standards for Flood Plain Corridor Lands 9 For all land use actions that could result in development of the Flood Plain Corridor, the 10 following is required in addition to any requirements of AMC 15.10. 11 A. Standards for Fill in Flood Plain Corridor Lands. 1. Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and 12 Oregon Residential Specialty Code (ORSC), where applicable. 13 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined 14 in AMC 15.10, and the fill shall not exceed the angle of repose of the material used for fill. 15 3. The amount of fill in the Flood Plain Corridor shall be kept to a minimum. Fill and other 16 material imported from off the lot that could displace floodwater shall be limited to the 17 following. 18 a. Poured concrete and other materials necessary to build permitted structures on the lot. 19 b. Aggregate base and paving materials, and fill associated with approved public and 20 private street and driveway construction. 21 c. Plants and other landscaping and agricultural material. 22 d. A total of 50 cubic yards of other imported fill material. 23 e. The above limits on fill shall be measured from April 1989, and shall not exceed the 24 above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued. 25 4. If additional fill is necessary beyond the permitted amounts in subsection 26 18.3.10.080.A.3, above, then fill materials must be obtained on the lot from cutting or 27 excavation only to the extent necessary to create an elevated site for permitted development. All additional fill material shall be obtained from the portion of the lot in the 28 Flood Plain Corridor. 29 5. Adequate drainage shall be provided for the stability of the fill. 30 6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood Plain Corridor as feasible. 55117 ORDINANCE NO. # Page of B.Crossings. A crossing of any waterway identified on the official maps adopted pursuant to 1 section 18.3.10.070 Official Maps (e.g., for streets, property access or utilities) must be 2 designed by an engineer. Stream crossings shall be designed to the standards of AMC 3 15.10, or where no floodway has been identified, to pass a 100-year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design 4 the probability that the crossing will be blocked by debris in a severe flood, and 5 accommodate expected overflow. The crossing shall be at right angles to the stream channel to the greatest extent possible. Fill for stream crossings shall be kept to the 6 minimum necessary to achieve property access, but is exempt from the limitations in 7 subsection 18.3.10.080.A, above. C.Elevation of Non-Residential Structures. 8 Non-residential structures shall be flood-proof to the standards in AMC 15.10 to one foot above the elevation contained in the maps adopted 9 by AMC 15.10, or up to the elevation contained in the official maps adopted by section 10 18.3.10.070 Official Maps, whichever height is greater. Where no specific elevations exist, then they must be flood-proofed to an elevation of ten feet above the stream channel on 11 Ashland, Bear or Neil Creek; to five feet above the stream channel on all other Riparian 12 Preservation Creeks identified on the official maps adopted pursuant to section 18.3.10.070; and three feet above the stream channel on all other Land Drainage Corridors identified on 13 the official maps adopted pursuant to section 18.3.10.070. 14 D.Elevation of Residential Structures. All residential structures shall be elevated so that the 15 lowest habitable floor shall be raised to one foot above the elevation contained in the maps adopted in AMC 15.10, or to the elevation contained in the official maps adopted pursuant to 16 section 18.3.10.070 Official Maps, whichever height is greater. Where no specific elevations 17 exist, then they must be constructed at an elevation of ten feet above the stream channel on Ashland, Bear, or Neil Creek; to five feet above the stream channel on all other Riparian 18 Preservation Creeks identified on the official maps adopted pursuant to section 18.3.10.070; 19 and three feet above the stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to section 18.3.10.070, or one foot above visible 20 evidence of high flood water flow, whichever is greater. An engineer or surveyor shall certify 21 the elevation of the finished lowest habitable floor prior to issuance of a certificate of occupancy for the structure. 22 E.Structure Placement. To the maximum extent feasible, structures shall be placed on other 23 than Flood Plain Corridor Lands. In the case where development is permitted in the Flood 24 Plain Corridor area, then development shall be limited to that area which would have the shallowest flooding. 25 F.Residential Structure Placement. Existing lots with buildable land outside the Flood Plain 26 Corridor shall locate all residential structures outside the Corridor Land, unless 50 percent or 27 more of the lot is within the Flood Plain Corridor. For residential uses proposed for existing lots that have more than 50 percent of the lot in Corridor Land, structures may be located on 28 that portion of the Flood Plain Corridor that is two feet or less below the flood elevations on 29 the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Creek identified on the official maps adopted pursuant to section 18.3.10.070. 30 Construction shall be subject to the requirements in subsection 18.3.10.080.D, above. G.New Non-Residential Structures. New non-residential uses may be located on that portion 56117 ORDINANCE NO. # Page of 1 of Flood Plain Corridor Lands that equal to or above the flood elevations on the official maps adopted in section 18.3.10.070 Official Maps. Second story construction may be 2 cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters 3 over the Flood Plain Corridor for a distance of 20 feet if it does not impact riparian vegetation, and the clearance from finished grade is at least ten feet in height. The finished 4 floor elevation may not be more than two feet below the flood corridor elevations. 5 HBuilding Envelopes. . All lots modified by property line adjustments, and new lots created from areas containing Flood Plain Corridor Land, must have building envelopes containing 6 buildable area of a sufficient size to accommodate the uses permitted in the underling zone, 7 forto provide for unless the action is open space or conservation purposes. This section 8 shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. 9 I. Basements. 10 1. Habitable basements are not permitted for new or existing structures or additions located 11 within the Flood Plain Corridor. 12 2. Non-habitable basements, used for storage, parking, and similar uses are permitted for residential structures but must be flood-proofed to the standards of AMC 15.10. 13 J.Hazardous Chemicals. Storage of petroleum products, pesticides, or other hazardous or 14 toxic chemicals is not permitted in Flood Plain Corridor Lands. 15 K.Fences. Fences shall be located and constructed in accordance with subsection 16 18.3.11.050.B.3. Fences shall not be constructed across any waterway or stream identified on the official maps adopted pursuant to section 18.3.10.070 Official Maps. Fences shall not 17 be constructed within any designated floodway. 18 L.Decks and Other Structures. Decks and structures other than buildings, if constructed on 19 Flood Plain Corridor Lands and at or below the levels specified in subsections 18.3.10.080.C and D, shall be flood-proofed to the standards contained in AMC 15.10. 20 MLocal Streets and Utilities. . Local streets and utility connections to developments in and 21 adjacent to the Flood Plain Corridor shall be located outside of the Flood Plain Corridor, 22 except for crossing the Corridor, except as provided for in chapter 18.3.11 Water Resources Overlay, or in the Flood Plain Corridor as outlined below. 23 1. Public street construction may be allowed within the Bear Creek Flood Plain Corridor as 24 part of development following the adopted North Mountain Neighborhood Plan. This 25 exception shall only be permitted for that section of the Bear Creek Flood Plain Corridor between North Mountain Avenue and the Nevada Street right-of-way. The new street 26 shall be constructed in the general location as indicated on the neighborhood plan map, 27 and in the area generally described as having the shallowest potential for flooding within the corridor. 28 2. Proposed development that is not in accord with the North Mountain Neighborhood Plan 29 shall not be permitted to utilize this exception. 30 57117 ORDINANCE NO. # Page of SECTION 18. 1 Section 18.3.10.090 \[Development Standards for Hillside Lands - Physical and 2 Environmental Constraints Overlay\] of the Ashland Land Use Ordinance is hereby amended to 3 read as follows: 4 18.3.10.090 Development Standards for Hillside Lands 5 It is the purpose of the Development Standards for Hillside Lands to provide supplementary development regulations to underlying zones to ensure that development occurs in such a 6 manner as to protect the natural and topographic character and identity of these areas, 7 environmental resources, the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare by insuring that development does not create soil erosion, 8 sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or scarring. 9 It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the City. 10 A. General Requirements. The following general requirements shall apply in Hillside Lands. 11 1. Buildable Area. All development shall occur on lands defined as having buildable area. 12 Slopes greater than 35 percent shall be considered unbuildable except as allowed 13 below. Exceptions may be granted to this requirement only as provided in subsection 18.3.10.090.H. 14 a. Existing parcels without adequate buildable area less than or equal to 35 percent 15 shall be considered buildable for one unit. 16 b. Existing parcels without adequate buildable area less than or equal to 35 percent 17 cannot be subdivided or partitioned. 2. Building Envelope. All newly created lots either by subdivision or partition shall contain a 18 building envelope with a slope of 35 percent or less. 19 3. New Streets and Driveways. New streets, flag drives, and driveways shall be 20 constructed on lands of less than or equal to 35 percent slope with the following exceptions. 21 a. The street is indicated on the Street Dedication map. 22 b. The portion of the street, flag drive, or driveway on land greater than 35 percent 23 slope does not exceed a length of 100 feet. 24 4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or 25 partitions, the following additional information is required: A geotechnical study prepared by a geotechnical expert indicating that the site is stable for the proposed use and 26 development. The study shall include the following information. 27 a. Index map. 28 b. Project description to include location, topography, drainage, vegetation, discussion 29 of previous work and discussion of field exploration methods. 30 c. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth, and 58117 ORDINANCE NO. # Page of 1 soil structure. d. Discussion of any off-site geologic conditions that may pose a potential hazard to the 2 site, or that may be affected by on-site development. 3 e. Suitability of site for proposed development from a geologic standpoint. 4 f. Specific recommendations for cut and fill slope stability, seepage and drainage 5 control, or other design criteria to mitigate geologic hazards. 6 g. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive 7 data shall include cross-sections showing subsurface structure, graphic logs with 8 subsurface exploration, results of laboratory test and references. 9 h. Signature and registration number of the engineer and/or geologist. 10 i. Additional information or analyses as necessary to evaluate the site. 11 j. Inspection schedule for the project as required in 18.3.10.090.B.9. 12 k. Location of all irrigation canals and major irrigation pipelines. B. Hillside Grading and Erosion Control. 13 All development on lands classified as Hillside shall provide plans conforming to the following items. 14 1. All grading, retaining wall design, drainage, and erosion control plans for development 15 on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills 16 shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to 17 minimize the solids in runoff from disturbed areas. 18 2. Timing of Improvements. For development other than single-family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur 19 from May 1 to October 31. Excavation shall not occur during the remaining wet months 20 of the year. Erosion control measures shall be installed and functional by October 31. Up to 30-day modifications to the October 31 date, and 45-day modification to the May 1 21 date may be made by the Planning Director, based upon weather conditions and in 22 consultation with the project geotechnical expert. The modification of dates shall be the 23 minimum necessary, based upon evidence provided by the applicant, to accomplish the necessary project goals. 24 3. Retention in natural state. On all projects on Hillside Lands involving partitions and 25 subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25 percent of the total project area, plus the percentage figure of the average slope of 26 the total project area, shall be retained in a natural state. Lands to be retained in a 27 natural state shall be protected from damage through the use of temporary construction 28 fencing or the functional equivalent. For example, on a 25,000 square feet lot with an average slope of 29 percent, 25%+29%=54% of the total lot area shall be retained in a 29 natural state. The retention in a natural state of areas greater than the minimum 30 percentage required here is encouraged. 4. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. 59117 ORDINANCE NO. # Page of 1 a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to 2 precipitation and erosion. Steep cut slopes shall be retained with stacked rock, 3 retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), 4 the slope shall be protected with erosion control getting or structural equivalent 5 installed per manufacturers specifications, and revegetated. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, 6 greater than seven feet in height shall be terraced. Cut faces on a terraced section 7 shall not exceed a maximum height of five feet. Terrace widths shall be a minimum 8 of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes 9 not utilizing structural retaining walls shall be located a minimum setback of one-half 10 the height of the cut slope from the nearest property line. See Figure 18.3.10.090.B.4.b. 11 12 13 14 15 16 17 18 19 20 Figure 18.3.10.090.B.4.b Cut and Fill Slopes c. Cut slopes for structure foundations which reduce the effective visual bulk, such as 21 split pad or stepped footings, shall be exempted from the height limitations of this 22 section. See Figure 18.3.10.090.B.c. 23 24 25 26 27 28 29 30 60117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 Figure 18.3.10.090.B.4.c 11 Stepped Foundations 12 d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The 13 vegetation used for these areas shall be native, or species similar in resource value 14 to native plants, which will survive, help reduce the visual impact of the cut slope, 15 and assist in providing long term slope stabilization. Trees, bush-type plantings, and cascading vine-type plantings may be appropriate. 16 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following 17 standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope 18 area not utilizing structural retaining shall be a minimum of six feet from the nearest 19 property line. 20 b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic 21 mulch such as straw or wood fiber. The blanket must be applied so that it is in 22 complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with 23 manufacturer's recommendations. 24 c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When 25 determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. 26 d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in 27 resource value and which will survive and stabilize the surface. Irrigation may be 28 provided to ensure growth if necessary. Evidence shall be required indicating long- term viability of the proposed vegetation for the purposes of erosion control on 29 disturbed areas. 30 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, 61117 ORDINANCE NO. # Page of 1 signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within 2 one year of installation. 3 7. Maintenance, Security, and Penalties for Erosion Control Measures. 4 a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be 5 maintained in perpetuity on all areas which have been disturbed, including public 6 rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. 7 b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion 8 Control Plan is approved by the hearing authority and prior to construction, the 9 applicant shall provide a performance bond or other financial guarantees in the amount of 120 percent of the value of the erosion control measures necessary to 10 stabilize the site. Any financial guarantee instrument proposed, other than a 11 performance bond, shall be approved by the City Attorney. The financial guarantee instrument shall be in effect for a period of at least one year, and shall be released 12 when the Community Development Director and Public Works Director determine, 13 jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period up to five years beyond the one-year maintenance 14 period if it has been determined by the City that the site has not been sufficiently 15 stabilized against erosion. 16 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. 17 a. No terracing shall be allowed except for the purposes of developing a level building 18 pad and for providing vehicular access to the pad. 19 b. Avoid hazardous or unstable portions of the site. 20 c. Avoid hazardous or unstable portions of the site. 21 d. Building pads should be of minimum size to accommodate the structure and a 22 reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept 23 in the natural state of the original slope. 24 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, 25 signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report 26 indicating that the approved grading, drainage, and erosion control measures were 27 installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically 28 throughout the project. 29 C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to 30 the following standards. 1. All facilities for the collection of stormwater runoff shall be constructed on the site and 62117 ORDINANCE NO. # Page of 1 according to the following requirements: a. Stormwater facilities shall include storm drain systems associated with street 2 construction, facilities for accommodating drainage from driveways, parking areas 3 and other impervious surfaces, and roof drainage systems. 4 b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. 5 c. Stormwater facilities shall be designed to divert surface water away from cut faces or 6 sloping surfaces of a fill. 7 d. Existing natural drainage systems shall be utilized, as much as possible, in their 8 natural state, recognizing the erosion potential from increased storm drainage. 9 e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to 10 development. Each facility shall consider the needs for an emergency overflow 11 system to safely carry any overflow water to an acceptable disposal point. 12 f. Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. 13 g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach 14 fields, shall be designed by a registered engineer or geotechnical expert and 15 approved by the Public Works Department or Building Official. 16 D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements. 17 1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall 18 be prepared, which locates all trees greater than six inches diameter at breast height 19 (DBH) identified by DBH, species, approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or 20 diseased trees shall be identified. Groups of trees in close proximity (i.e., those within 21 five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall have 22 an accuracy of plus or minus two feet. The name, signature, and address of the site 23 surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not to be disturbed by development need not be 24 included in the inventory. 25 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing 26 trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. The 27 following factors shall be included in this determination. 28 a. Tree Health. Healthy trees can better withstand the rigors of development than non- 29 vigorous trees. 30 b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. c. Species. Species vary in their ability to tolerate impacts and damage to their 63117 ORDINANCE NO. # Page of 1 environment. d. Longevity. Potential longevity. 2 e. Variety. A variety of native tree species and ages. 3 f. Size. Large trees provide a greater protection for erosion and shade than smaller 4 trees. 5 3. Tree Conservation in Project Design. Significant conifer trees having a trunk 18 caliper 6 inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and 7 incorporated into the project design whenever possible. 8 a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while 9 recognizing and following the standards for fuel reduction if the development is located 10 in Wildfire Lands. See Figure 18.3.10.090.D.3.a. 11 12 13 14 15 16 17 Figure 18.3.10.090.D.3.a 18 Site Planning for Tree Preservation 19 b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the standards for fuel reduction if the 20 development is located in Wildfire Lands. 21 c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. 22 4. Tree Protection. On all properties where trees are required to be preserved during the 23 course of development, the developer shall follow the following tree protection 24 standards. 25 a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, 26 compaction, paving or change in ground elevation, the applicant shall install tree 27 protection fencing in accordance with 18.4.5.030.C Prior to any construction activity, the shall be inspected pursuant to section 18.4.5.030.D. 28 b. Construction site activities, including but not limited to parking, material storage, soil 29 compaction, and concrete washout, shall be arranged so as to prevent disturbances 30 within tree protection areas. c. No grading, stripping, compaction, or significant change in ground elevation shall be 64117 ORDINANCE NO. # Page of 1 permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or 2 construction is approved within the drip-line, a landscape professional may be 3 required to be present during grading operations, and shall have authority to require protective measures to protect the roots. 4 d. Changes in soil hydrology and site drainage within tree protection areas shall be 5 minimized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. 6 e. Should encroachment into a tree protection area occur which causes irreparable 7 damage, as determined by a landscape professional, to trees, the project plan shall 8 be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this chapter. 9 5. Tree Removal. Development shall be designed to preserve the maximum number of 10 trees on a site. The development shall follow the standards for fuel reduction if the 11 development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions. 12 a. The tree is located within the building envelope. 13 b. The tree is located within a proposed street, driveway, or parking area. 14 c. The tree is located within a water, sewer, or other public utility easement. 15 d. The tree is determined by a landscape professional to be dead or diseased, or it 16 constitutes an unacceptable hazard to life or property when evaluated by the 17 standards in 18.3.10.090.D.2. 18 e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. 19 f. The tree is identified for removal as part of an approved fire prevention and control 20 plan per section 18.3.10.100.A, or with the exception of significant trees the tree removal is recommended by the Fire Code Official, and approved by the Staff 21 Advisor, as part of a comprehensive fuels reduction strategy to implement a General 22 Fuel Modification Area consistent with 18.3.10.100 B. 23 6. Tree Replacement. Trees approved for removal, with the exception of trees removed 24 because they were determined to be diseased, dead, a hazard, or to comply with 25 General Fuel Modification Area requirements, shall be replaced in compliance with the following standards. 26 a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan 27 shall include all locations for replacement trees, and shall also indicate tree planting 28 details. 29 b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or greater than the tree canopy present prior to development of the property. 30 See Figure 18.3.10.090.D.6.b. The canopy shall be designed to mitigate of the impact of paved and developed areas, reduce surface erosion, and increase slope 65117 ORDINANCE NO. # Page of 1 stability. Replacement tree locations shall consider impact on the wildfire prevention and control plan. The hearing authority shall have the discretion to adjust the 2 proposed replacement tree canopy based upon site-specific evidence and testimony. 3 4 5 6 7 8 9 10 11 12 13 Figure 18.3.10.090.D.6.b 14 Tree Planting Guideline 15 c. Maintenance of replacement trees shall be the responsibility of the property owner. 16 Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, 17 after which a new five-year replacement period shall begin. Replanting must occur 18 within 30 days of notification unless otherwise noted. 19 7. Enforcement. 20 a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without 21 prior approval of the City. 22 b. Should the developer or developer's agent remove or destroy any tree that has been 23 designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to 24 three times the current market value, as established by a professional arborist, 25 whichever is greater. 26 c. Should the developer or developer's agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50.00 27 per scar. If necessary, a professional arborist's report, prepared at the developer's 28 expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher 29 of the two values shall be used. 30 E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following 66117 ORDINANCE NO. # Page of 1 standards. 1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain 2 building envelopes conforming to the following standards. 3 a. The building envelope shall contain a buildable area with a slope of 35 percent or 4 less. See Figure 18.3.10.090.E.1.a. 5 6 7 8 9 10 11 12 13 14 15 16 17 Figure 18.3.10.090.E.1.a Buildable Area 18 b. Building envelopes and lot design shall address the retention of a percentage of the 19 lot in a natural state as required in 18.3.10.090.B.3. 20 c. Building envelopes shall be designed and located to maximize tree conservation as 21 required in 18.3.10.090.D.3 while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. 22 d. It is recommended that building envelope locations should be located to avoid 23 ridgeline exposures, and designed such that the roofline of a building within the 24 envelope does not project above the ridgeline as illustrated in Figure 18.3.10.090.E.1.d. 25 26 27 28 29 30 Figure 18.3.10.090.E.1.d. 67117 ORDINANCE NO. # Page of 1 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the 2 designated Historic District, shall incorporate the following into the building design and 3 indicate features on required building permits. a. The height of all structures shall be measured vertically from the natural grade to the 4 uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature 5 perpendicular to that grade. Maximum hillside building height shall be 35 feet. See Figure 18.3.10.090.E.2.a.i and Figure 18.3.10.090.E.2.a.ii 6 7 8 9 10 11 12 13 14 15 16 Figure 18.3.10.090.E.2.a.i Hillside Building Height/Permitted 17 18 19 20 21 22 23 24 25 26 27 28 Figure 18.3.10.090.E.2.a.ii 29 Hillside Building Height/Not Permitted 30 b. Cut buildings into hillsides to reduce effective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. 68117 ORDINANCE NO. # Page of 1 ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. c. A building step back shall be required on all downhill building walls greater than 20 2 feet in height, as measured above natural grade. Step-backs shall be a minimum of 3 six feet. Decks projecting out from the building wall and hillside shall not be considered a building step-back. No vertical walls on the downhill elevations of new 4 buildings shall exceed a maximum height of 20 feet above natural grade. See Figure 5 18.3.10.090.E.2.c. 6 7 8 9 10 11 12 13 14 15 Figure 18.3.10.090.E.2.c 16 Downhill Building Step Back 17 d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. See Figure 18 18.3.10.090.E.2.d. 19 20 21 22 23 24 25 26 27 28 29 30 69117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Figure 18.3.10.090.E.2.d Horizontal Offsets 16 e. It is recommended that roof forms and roof lines for new structures be broken into a 17 series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on 18 downhill elevations should be avoided, however smaller gables may be permitted. 19 See Figure 18.3.10.090.E.2.c. 20 f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in 21 excess of 12 feet on downhill elevations should be avoided. 22 g. It is recommended that color selection for new structures be coordinated with the 23 predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. 24 F. All structures on Hillside Lands shall have foundations designed by an engineer or architect 25 with demonstrable geotechnical design experience. A designer, as defined, shall not 26 complete working drawings without having foundations designed by an engineer. 27 G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to 28 accommodate the uses permitted in the underlying zone, unless the division or lot line 29 forto provide for adjustment is open space or conservation purposes 30 H. Exception to the Development Standards for Hillside Lands . An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may 70117 ORDINANCE NO. # Page of 1 be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 2 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due 3 to a unique or unusual aspect of the site or proposed use of the site. 4 2. The exception will result in equal or greater protection of the resources protected under this chapter. 5 3. The exception is the minimum necessary to alleviate the difficulty. 6 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 7 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 8 Development Standards for Hillside Lands. 9 10 SECTION 19. Section 18.3.11.060 \[Limited Activities and Uses - Water Resources Protection 11 Zones (Overlays)\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 12 18.3.11.060 Limited Activities and Uses 13 The following activities and uses within Water Resource Protection Zones are allowed provided the activities or uses comply with the review procedure and approval standards set forth in 14 subsection 18.3.11.060.D. 15 A. Limited Activities and Uses within Water Resource Protection Zones. 16 1. Use of Power-assisted Equipment or Machinery. Use of power-assisted equipment or 17 machinery for vegetation maintenance unless otherwise exempted in subsection 18.3.11.050.A.1.h. 18 2. Multi-Year Maintenance Plans. Multi-year maintenance plans may be authorized as 19 follows for existing areas or storm water treatment facilities in Water Resource 20 Protection Zones which do not have a previously approved management plans. 21 a. Publicly and Commonly Owned Properties. The routine restoration and enhancement public private of publicly and commonly owned properties such as parks and 22 common open spaces. 23 b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water 24 treatment facilities such as detention ponds or sediment traps, vegetated swales, and constructed wetlands in order to maintain flow and prevent flooding. Routine 25 maintenance of storm water treatment facilities in accordance with an approved 26 management plan is exempted as outline in subsection 18.3.11.050.A.2.c. 27 3. Building, Paving, and Grading Activities. Permanent alteration of Water Resource Protection Zones by grading or by the placement of structures, fill or impervious surfaces 28 may be authorized as follows. 29 a. New Public Access and Utilities. The location and construction of public streets, 30 bridges, trails, multi-use path connections, and utilities deemed necessary to maintain a functional system and upon finding that no other reasonable, alternate location outside the Water Resource Protection Zone exists. This ordinance, the 71117 ORDINANCE NO. # Page of 1 Comprehensive Plan, Transportation System Plan, adopted utility master plans, and other adopted documents shall guide this determination. 2 b. New Private Access and Utilities. The location and construction of private streets, 3 driveways, and utilities to provide a means of access to an otherwise inaccessible or landlocked property where no other reasonable, alternate location outside the Water 4 Resource Protection Zone exists. 5 c. Storm Water Treatment Facility Installation. Installation of public and private storm 6 water treatment facilities such as detention ponds or sediment traps, vegetated swales, and constructed wetlands. 7 d. Replacement of Nonconforming Accessory Structures in Residential Districts and 8 Replacement of Nonconforming Structures in Non-Residential Zoning Districts and 9 Outside Historic Districts. Replacement of nonconforming structures located within or partially within the original building footprint, except those nonconforming primary 10 structures exempted in subsection 18.3.11.050.A.3, provided replacement does not 11 disturb additional surface area within the Water Resource Protection Zone. 12 B. Additional Limited Activities and Uses within Stream Bank Protection Zones. 13 1. Stream Restoration and Enhancement. Restoration and enhancement projects resulting in a net gain in stream bank corridor functions unless otherwise exempted in subsection 14 18.3.11.050.B.2. Restoration and enhancement activities not otherwise associated with 15 development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these activities for compliance with applicable 16 land use standards may be waived by the Staff Advisor. 17 2. Driveway and Street Maintenance and Paving. Maintenance, paving, and reconstruction 18 of existing public and private streets and driveways if work disturbs more total surface area than the area inside the street right-of-way or access easement and an additional 19 five percent surface area of the street right-of-way or access easement outside of the 20 right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. 21 3. Public Facility Paving and Reconstruction. Paving and reconstruction of public parking 22 areas and walkways if additional surface area in the Stream Bank Protection Zone is not 23 disturbed, the public facilities are deemed necessary to maintain a functional system and upon finding that no other reasonable alternate location outside the Water Resource 24 Protection Zone exits. 25 4. Public Utility Maintenance and Replacement. Routine maintenance and replacement of 26 existing public utilities and irrigation pumps if work disturbs more total surface area than the area inside the public utility easement and an additional five percent surface area of 27 the public utility easement outside of the public utility easement. 28 5. Erosion Control. Erosion control and stream bank stabilization measures that have been 29 approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural 30 bio-engineering methods. 6. Storm Water Outfall. Construction of a storm water outfall discharging treated storm 72117 ORDINANCE NO. # Page of 1 water from an adjacent developed area provided that the discharge meets local, state, and federal water quality regulations. 2 7. Bridges. The installation of a bridge or similar, bottomless crossing structure for the 3 purpose of constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a means of access to an otherwise inaccessible or landlocked property. 4 8. Flood Control Measures. Installation or expansion of structural flood control measures, 5 including but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall 6 generally be prohibited, but approved only if demonstrated that less-invasive, non- structural methods will not adequately meet the stabilization or flood control needs. 7 C. Additional Limited Activities and Uses within Wetland Protection Zones. 8 1. Wetland Restoration and Enhancement. Wetland restoration and enhancement projects 9 resulting in a net gain in wetland functions. Wetland restoration and enhancement 10 activities not otherwise associated with development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these 11 activities for compliance with applicable land use standards may be waived by the Staff 12 Advisor. 13 2. Driveway and Street Maintenance and Paving. Maintenance, paving, and reconstruction of existing public and private streets and driveways. Public streets shall be located in 14 public right-of-way or public easement. 15 3. Public and Private Utility Maintenance and Replacement. Routine maintenance and 16 replacement of existing public and private utilities that disturb lands within the Wetland Protection Zone. 17 D. Limited Activities and Uses Permit. All Limited Activities and Uses described in section 18 18.3.11.060 shall be subject to a Type I procedure in section 18.5.1.050. An application for a 19 Limited Activities and Uses Permit shall be approved if the proposal meets all of the following criteria. 20 1. All activities shall be located as far away from streams and wetlands as practicable, 21 designed to minimize intrusion into the Water Resources Protection Zone and disturb as 22 little of the surface area of the Water Resource Protection Zone as practicable. 23 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and 24 other adverse impacts on Water Resources. 25 3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25 26 percent or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where 27 no practicable alternative exists, or where necessary to construct public facilities or to 28 ensure slope stability. 29 4. Water, storm drain, and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and 30 wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, 73117 ORDINANCE NO. # Page of 1 and wetland restoration and enhancement will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 2 18.3.11.110 Mitigation Requirements. 3 6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management 4 plan as described in subsection 18.3.11.110.C, except a management plan is not 5 required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 6 7 SECTION 20. Section 18.3.11.090 \[Approval Standards for Land Divisions and Property Line 8 Adjustments - Water Resources Protection Zones (Overlays)\] of the Ashland Land Use 9 Ordinance is hereby amended to read as follows: 10 11 18.3.11.090 Approval Standards for Land Divisions and Property Line Adjustments 12 Planning actions and procedures containing Water Resource Protection Zones and involving the 13 division of land or property line adjustments shall comply with the following provisions and shall 14 include the plan requirements in subsection 18.3.11.100.A.3. 15 A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and 16 associated accessory uses. 17 B. Conservation Area. Performance Standards Option Subdivision, Subdivision, Partition, and 18 Site Design Review applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or 19 activity within the Water Resource Protection Zone shall be consistent with the provisions of 20 this chapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners association or other 21 common ownership entity responsible for preservation. 22 C. Density Transfer. Density calculated from the land area contained within the Water 23 Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met. 24 1. Partitions and subdivisions involving density transfer shall be processed under chapter 25 18.3.9 Performance Standards Option Overlay. 26 2. A map shall be submitted showing the land area not within the Water Resource 27 Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract 28 to be managed by a homeowners association or other common ownership entity 29 responsible for management of the area. 30 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 74117 ORDINANCE NO. # Page of 1 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half times the base density of the underlying 2 zoning district. Fractional units are to be rounded down to the nearest whole number. 3 D. Management Plan. Long term conservation, management, and maintenance of the Water Resource Protection Zone consistent with the requirements of this chapter shall be ensured 4 through preparation and recordation of a management plan as described in subsection 5 18.3.11.110.C. 6 E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of section 18.3.11.110 Mitigation Requirements to 7 mitigate impacts resulting from land divisions. 8 F. Exemptions for a Public Purpose. An exemption to the requirements described above 9 public shall be granted for lots created for park purposes, or privately-owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands 10 contained within the Water Resource Protection Zone.) 11 12 SECTION 21. Section 18.3.14.050 \[Dimensional Standards - Transit Triangle Overlay\] of the 13 Ashland Land Use Ordinance is hereby amended to read as follows: 14 18.3.14.050 Dimensional Standards 15 Notwithstanding the provisions of chapter 18.2.5 Standards for Residential Zones and chapter 16 18.2.6 Standards for Non-Residential Zones, Table 18.3.14.050 includes the dimensional 17 standards within the TT overlay. 18 The dimensions shall conform to the standards in Table 18.3.14.050. 19 Table 18.3.14.050 Transit Triangle Overlay Dimensional Standards 20 1 Base Zones 21 C-1 E-1 R-2 R-3 22 Residential Density (dwelling 23 units/acre) 24 2 Minimum30 du/ac15 du/ac13.5 du/ac20 du/ac 25 MaximumMaximum residential density is regulated by the FAR under the TT overlay option. The maximum dwelling units per acre of the base zones do not 26 apply under the TT overlay option. 27 2 At a minimum, the development shall meet the residential density allowed in the underlying zone, as noted 28 above and per section 18.2.6.030 for C-1 and E-1 and subsection 18.2.5.080.D for R-2 and R-3. 29 3 Floor Area Ratio (FAR) 30 Minimum.5.5.5.5 Maximum1.51.51.251.25 75117 ORDINANCE NO. # Page of 1 Table 18.3.14.050 Transit Triangle Overlay Dimensional Standards 2 1 Base Zones 3 C-1 E-1 R-2 R-3 4 3 Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. 5 Plazas and pedestrian areas may also be applied toward meeting the landscaping area requirements but shall not constitute more than 50% of the required area. 6 Lot Area, Width, Depth and Land divisions in the R-2 and R-3 7 Coveragezones shall meet the applicable requirements of table 8 NANA 18.2.5.030.A or chapter 18.3.9 9 Performance Standards Options. 10 4 Yards, Minimum (feet) 11 - Front There is no minimum front, side, or 5 ft5 ft rear yard required, except where 12 buildings on the subject site abut a - Side See table 18.2.5.030.A for 13 residential zone, in which case a side standard yard requirements for - Rear or rear yard of not less than 15 ft is the R-2 and R-3 zone 14 required. 15 4 See building step back requirement in section 18.3.14.060. 16 Building Separation, On Same NABuilding separation is not required 17 Site Minimumunder the TT overlay option, except as required by the building 18 code. 19 5 6 Building Height& 20 Maximum 21 Height 50/450/442/342/3 feet/stories 22 Solar Setback 23 Per table 18.2.6.030Per chapter 18.4.8 Solar Access 24 5 See definition of height of building in section 18.6.1.030. 6 Parapets may be erected up to five feet above the maximum building height in the C-1 and E-1 zone; see also, 25 184.4.030.G.4 for mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for 26 mechanical equipment review process. 27 Lot Coverage Maximum (% of 85%85%80%80% lot area) 28 Landscape Area Minimum (% 29 15%15%20%20% of developed lot area) 30 Outdoor RecreationOpen Outdoor recreation Open space NA Space Minimum (% of the area) is not required under the TT 76117 ORDINANCE NO. # Page of 1 Table 18.3.14.050 Transit Triangle Overlay Dimensional Standards 2 1 Base Zones 3 C-1 E-1 R-2 R-3 4 overlay option. 5 6 7 SECTION 22. Section 18.4.2.040 \[Non-Residential Development - Building Placement, 8 Orientation, and Design\] of the Ashland Land Use Ordinance is hereby amended to read as 9 follows: 10 18.4.2.040 Non-Residential Development 11 A. Purpose and Intent. Commercial and employment developments should have a 12 positive impact upon the streetscape. For example, buildings made of unadorned concrete block or painted with bright primary colors used to attract attention can create an undesirable effect 13 upon the streetscape. 14 Landscaping and site design for commercial and employment zones is somewhat different 15 from that required for residential zones. The requirement for outdoor spaces is much less. 16 lessen the visual and climatic impact of parking areas, and to screen adjacent residential 17 uses from the adverse impacts which commercial uses may cause. other cities is the 18 relationship between the street, buildings, parking areas, and landscaping. The most 19 common form of modern commercial development is the placement of a small buffer of landscaping between the street and the parking area, with the building behind the parking 20 area at the rear of the parcel with loading areas behind the building. This may be desirable 21 for the commercial use because it gives the appearance of ample parking for customers. 22 However, the effect on the streetscape is less than desirable because the result is a vast hot, open, parking area which is not only unsightly but results in a development form which 23 the City discourages. 24 The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicycle traffic. The following 25 development standards apply to commercial, industrial, non-residential and mixed-use 26 development. The application of the standards depends on what area of the City the 27 property is located. Generally speaking, areas that are visible from highly traveled arterial streets and that are in the Historic District are held to a higher development standard than 28 projects that are in manufacturing and industrial area. 29 B. 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 30 mixed-use development pursuant to section 18.5.2.020. See conceptual site plan of basic site review development in Figure 18.4.2.040.B. 77117 ORDINANCE NO. # Page of 1 1. Orientation and Scale. a. Buildings shall have their primary orientation toward the street and not a parking 2 area. Automobile circulation or off-street parking is not allowed between the building 3 and the street. Parking areas shall be located behind buildings, or to one side. See Figure 18.4.2.040.B.1. 4 b. A building façade or multiple building facades shall occupy a large majority of a 5 s illustrated in Figure 18.4.2.040.B, and avoid site design 6 that incorporates extensive gaps between building frontages created through a combination of driveway aprons, parking areas, or vehicle aisles. This can be 7 addressed by, but not limited to, positioning the wider side of the building rather than 8 the narrow side of the building toward the street. In the case of a corner lot, this standard applies to both street frontages. Spaces between buildings shall consist of 9 landscaping and hard durable surface materials to highlight pedestrian areas. 10 c. Building entrances shall be oriented toward the street and shall be accessed from a 11 public sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. See Figure 18.4.2.040.B.1. 12 d. Building entrances shall be located within 20 feet of the public right of way to which 13 they are required to be oriented. Exceptions may be granted for topographic 14 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 15 buildings meet this standard. 16 e. Where a building is located on a corner lot, its entrance shall be oriented toward the 17 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. 18 f. Public sidewalks shall be provided adjacent to a public street along the street 19 frontage. 20 g. The standards in a-d, above, may be waived if the building is not accessed by 21 pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service stations. 22 23 24 25 26 27 28 29 30 78117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 Figure 18.4.2.040.B.1 14 Building Orientation 15 2. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 16 feet of frontage for that portion of the development fronting the street pursuant to 17 subsection 18.4.4.030.E. 3. Landscaping. 18 a. Landscape areas at least ten feet in width shall buffer buildings adjacent to streets, 19 except the buffer is not required in the Detail Site Review, Historic District, and 20 Pedestrian Place overlays. 21 b. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chapter 18.4.4. 22 4. Designated Creek Protection. Where a project is proposed adjacent to a designated 23 creek protection area, the project shall incorporate the creek into the design while 24 maintaining required setbacks and buffering, and complying water quality protection standards. The developer shall plant native riparian plants in and adjacent to the creek 25 protection zone. 26 5. Noise and Glare. Artificial lighting shall meet the requirements of section 18.4.4.050. 27 Compliance with AMC 9.08.170.c and AMC 9.08.175 related to noise is required. 28 6. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards 29 of section 18.4.2.040 (i.e., nonconforming developments), an equal percentage of the site must 30 be made to comply with the standards of this section as the percentage of building expansion. 79117 ORDINANCE NO. # Page of 1 For example, if a building area is expanded by 25 percent, then 25 percent of the site must be brought up to the standards required by this document. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Figure 18.4.2.040.B Basic Site Review Conceptual Site Plan 23 24 C. Detailed Site Review Standards. Development that is within the Detail Site Review overlay 25 shall, in addition to the complying with the standards for Basic Site Review in 18.4.2.040.B, above, conform to the following standards. See conceptual site plan of detail site review 26 development in Figure 18.4.2.040.C.1 and maps of the Detail Site Review overlay in Figures 27 18.4.2.040.C.2-5. 28 1. Orientation and Scale. 29 a. Developments shall have a minimum Floor Area Ratio (FAR) of 0.50. Where a site is one-half an acre or greater in size, the FAR requirement may be met through a 30 phased development plan or a shadow plan that demonstrates how development may be intensified over time to meet the minimum FAR. See shadow plan example 80117 ORDINANCE NO. # Page of 1 in Figure 18.4.2.040.C.1.a. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Figure 18.4.2.040.C.1.a Shadow Plan 20 21 b. Building frontages greater than 100 feet in length shall have offsets, jogs, or have 22 other distinctive changes in the building façade. 23 or common 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 24 areas, windows, or doorways. Windows must allow view into working areas, lobbies, 25 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 26 for this standard if oriented toward loading or service areas. 27 d. Buildings shall incorporate lighting and changes in mass, surface or finish to give 28 emphasis to entrances. e. Infill or buildings, adjacent to public sidewalks, in existing parking lots is encouraged 29 and desirable. 30 f. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. 81117 ORDINANCE NO. # Page of 1 2. Streetscape. a. Hardscape (paving material) shall be utilized to desi 2 materials could be unit masonry, scored and colored concrete, grasscrete, or 3 combinations of the above. 4 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 5 required public utility easement. This standard shall apply to both street frontages on 6 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. 7 3. Buffering and Screening. 8 a. Landscape buffers and screening shall be located between incompatible uses on an 9 adjacent lot. Those buffers can consist or either plant material or building materials 10 and must be compatible with proposed buildings. 11 b. Parking lots shall be buffered from the main street, cross streets, and screened from residentially zoned land. 12 4. Building Materials. 13 a. Buildings shall include changes in relief such as cornices, bases, fenestration, and 14 fluted masonry, for at least 15 percent of the exterior wall area. 15 b. Bright or neon paint colors used extensively to attract attention to the building or use 16 are prohibited. Buildings may not incorporate glass as a majority of the building skin. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 82117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Figure 18.4.2-040.C.1 20 Detail Site Review Conceptual Site Plan 21 D. Additional Standards for Large Scale Projects. In the Detail Site Review overlay, 22 developments that are greater than 10,000 square feet in gross floor area or contain more 23 than 100 feet of building frontage shall, in addition to complying with the standards for Basic (18.4.2.040.B) and Detail (18.4.2.040.C) Site Review, above, conform to the following 24 standards. See conceptual elevation of large scale development in Figure 18.4.2.040.D.1 25 and conceptual site plan of large scale development in Figure 18.4.2.040.D.2. 26 1. Orientation and Scale. 27 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 28 roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale 29 lighting. 30 b. Outside of the Downtown Design Standards overlay, new buildings or expansions of existing buildings in the Detail Site Review overlay shall conform to the following standards. 83117 ORDINANCE NO. # Page of 1 i. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. 2 ii. Buildings shall not exceed a building footprint area of 45,000 square feet as 3 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 4 three or more sides by walls but not a roof. 5 iii. Buildings shall not exceed a gross floor area of 45,000 square feet, including all 6 interior floor space, roof top parking, and outdoor retail and storage areas, with the following exception. 7 Automobile parking areas located within the building footprint and in the 8 basement shall not count toward the total gross floor area. For the purpose of 9 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. 10 iv. Buildings shall not exceed a combined contiguous building length of 300 feet. 11 c. Inside the Downtown Design Standards overlay, new buildings or expansions of 12 existing buildings shall not exceed a building footprint area of 45,000 square feet or a 13 gross floor area of 45,000 square feet, including roof top parking, with the following exception. 14 Automobile parking areas locate within the building footprint and in the basement 15 shall not count toward the total gross floor area. For the purpose of this section, 16 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. 17 2. Public Spaces. 18 a. One square foot of plaza or public space shall be required for every ten square feet 19 of gross floor area, except for the fourth gross floor area. 20 b. A plaza or public spaces shall incorporate at least four of the following elements. 21 i. Sitting Space at least one sitting space for each 500 square feet shall be 22 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. 23 ii. A mixture of areas that provide both sunlight and shade. 24 iii. Protection from wind by screens and buildings. 25 iv. Trees provided in proportion to the space at a minimum of one tree per 500 26 square feet, at least two inches in diameter at breast height. 27 v. Water features or public art. 28 vi. Outdoor eating areas or food vendors. 29 3. Transit Amenities. Transit amenities, bus shelters, pullouts, and designated bike lanes shall be required in accordance with the Ashland Transportation Plan and guidelines 30 established by the Rogue Valley Transportation District. 84117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 Figure 18.4.2.040.D.1 13 Large Scale Development Conceptual Elevation 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 85117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 18.4.2.040.D.2 26 Large Scale Development Conceptual Site Plan 27 SECTION 23. Section 18.4.3.040 \[Parking Ratios - Parking, Access, and Circulation\] of the 28 Ashland Land Use Ordinance is hereby amended to read as follows: 29 30 86117 ORDINANCE NO. # Page of 1 18.4.3.040ParkingRatios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking 2 are as follows. See also, accessible parking space requirements in section 18.4.3.050. 3 4 Table 18.4.3.040 Automobile Parking Spaces by Use 5 Minimum Parking per Land Use Use Categories 6 (Based on Gross Floor Area; fractions are rounded to whole number.) 7 Residential Categories 8 2 spaces for detached dwelling units and the following attached 9 dwelling units. a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 10 space/unit. Single-family Dwelling 11 b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit. 12 c. 2-bedroom units --1.75 spaces/unit. 13 d. 3-bedroom or greater units -- 2.00 spaces/unit. 14 a. Units less than 800 sq. ft. 1 space/unit, except. as 15 exempted in subsection 18.2.3.040.A. Accessory Residential Units 16 b. Units greater than 800 sq. ft. and up to 1,000 sq. ft. 2.00 spaces/unit. 17 a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 18 space/unit. 19 b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit. 20 c. 2-bedroom units -- 1.75 spaces/unit. 21 d. 3-bedroom or greater units -- 2.00 spaces/unit. Multi-family Dwellings 22 e. Retirement complexes for seniors 55-years or greater -- One space per unit. 23 f. Transit Triangle (TT) overlay option developments, see 24 chapter 18.3.14. 25 a. Units less than 800 sq. ft. -- 1 space/unit. 26 b. Units greater than 800 sq. ft. and less than 1000 sq. ft. -- 27 1.5 spaces/unit. Cottage Housing 28 c. Units greater than 1000 sq. ft. -- 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater -- 29 One space per unit. 30 87117 ORDINANCE NO. # Page of 1 Table 18.4.3.040 Automobile Parking Spaces by Use 2 3 Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) 4 Parking for Manufactured Home on Single-Family Lot is same as 5 Manufactured Housing Single-Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. 6 Performance Standards 7 See chapter 18.3.9. Developments 8 Commercial Categories 9 Auto, boat or trailer sales, retail 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land area; open- nurseries and other plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq. ft. of 10 spaceoutdoor retail uses gross land area; and 1 space per 2 employees. 11 3 spaces per alley, plus 1 space for auxiliary activities set forth in this Bowling Alleys 12 section. 13 Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel. 14 1 space per guest room, plus 1 space for the owner or manager; see Hotels also, requirements for associated uses, such as restaurants, 15 entertainment uses, drinking establishments, assembly facilities. 16 General Office: 1 space per 500 sq. ft. floor area. Offices 17 Medical/Dental Office: 1 space per 350 sq. ft. floor area. 18 Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Uses whichever is less. 19 General: 1 space per 350 sq. ft. floor area. 20 Retail Sales and Services Furniture and Appliances: 1 space per 750 sq. ft. floor area. 21 Skating Rinks 1 space per 350 sq. ft. of gross floor area. 22 Theaters, Auditoriums, 23 Stadiums, Gymnasiums and 1 space per 4 seats. Similar Uses 24 Travelers Accommodations 1 space per guest room, plus 2 spaces for the owner or manager. 25 Industrial Categories 26 Industrial, Manufacturing and 27 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2 Production, Warehousing and employees whichever is less, plus 1 space per company vehicle. Freight 28 Institutional and Public 29 Categories 30 88117 ORDINANCE NO. # Page of 1 Table 18.4.3.040 Automobile Parking Spaces by Use 2 3 Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) 4 Aircraft Hangar - Ashland One space per hangar or one space per four aircraft occupying a 5 Municipal Airport hangar, whichever is greater. Parking spaces shall be provided within the hangar or within designated vehicle parking areas identified in the 6 adopted Ashland Municipal Airport Master Plan. 7 Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be 8 Houses; Rooming and equivalent to a guest room. Boarding Houses; Dormitories 9 Daycare 1 space per two employees; a minimum of 2 spaces is required. 10 Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses. 11 Miniature: 4 spaces per hole. 12 Hospital 2 space per patient bed. 13 Nursing and Convalescent 1 space per 3 patient beds. 14 Homes Public Assembly 1 space per 4 seats 15 Religious Institutions and 16 1 space per 4 seats. Houses of Worship 17 Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit. 18 Aged, or Assisted Living Elementary and Junior High: 1.5 spaces per classroom, or 1 space 19 Schools per 75 sq. ft. of public assembly area, whichever is greater 20 High Schools: 1.5 spaces per classroom, plus 1 space per 10 21 students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater 22 Colleges, Universities and Trade Schools: 1.5 spaces per classroom, 23 plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housing. 24 Other Categories 25 Parking standards for temporary uses are the same as for primary 26 Temporary Uses uses, except that the City decision-making body may reduce or waive certain development and designs standards for temporary uses. 27 28 SECTION 24. Section 18.4.3.090 \[Pedestrian Access and Circulation - Parking, Access, and 29 Circulation\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 30 18.4.3.090 Pedestrian Access and Circulation 89117 ORDINANCE NO. # Page of A. Purpose. The purpose of section 18.4.3.090 is to provide for safe, direct, and convenient 1 pedestrian access and circulation. 2 B. Standards. Development subject to this chapter, except single-family dwellings on individual 3 lots and associated accessory structures, shall conform to the following standards for pedestrian access and circulation. 4 1. Continuous Walkway System. Extend the walkway system throughout the development 5 site and connect to all future phases of development, and to existing or planned off-site 6 public common adjacent sidewalks, trails, parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to 7 adjacent streets and to private property for this purpose. 8 2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient walkway 9 connections between primary building entrances and all adjacent streets. For the purposes of this section, the following definitions apply. 10 a. Reasonably direct means a route that does not deviate unnecessarily from a 11 straight line or a route that does not involve a significant amount of out-of-direction 12 travel for likely users. 13 b. Safe and convenient means reasonably free from hazards and provides a reasonably direct means of walking between destinations. 14 c. "Primary entrance" for a non-residential building means the main public entrance to 15 the building. In the case where no public entrance exists, street connections shall be 16 provided to the main employee entrance. 17 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 18 an individual exterior entrance, the primary entrance may be a lobby, courtyard, or 19 breezeway serving as a common entrance for more than one dwelling. 20 3. Connections within Development. Walkways within developments shall provide connections meeting all of the following requirements as illustrated in Figures 21 18.4.3.090.B.3.a and 18.4.3.090.B.3.b 22 a. Connect all building entrances to one another to the extent practicable. 23 recreational facilitiescommon and public open b. Connect on-site parking areas, 24 spaces , and common areas, and connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause 25 for not making certain walkway connections. 26 c. Install a protected raised walkway through parking areas of 50 or more spaces, and 27 where pedestrians must traverse more than 150 feet of parking area, as measured as an average width or depth. 28 29 30 90117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Figure 18.4.3.090.B.3.a 22 Pedestrian Access and Circulation 23 24 25 26 27 28 29 30 91117 ORDINANCE NO. # Page of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Figure 18.4.3.090.B.3.b 18 Pedestrian Access and Circulation Detail 19 4. Walkway Design and Construction. Walkways shall conform to all of the following 20 standards in as illustrated in Figure 18.4.3.090.B.3.a and 18.4.3.090.B.3.b. For 21 transportation improvement requirements, refer to chapter 18.4.6 Public Facilities. 22 a. Vehicle/Walkway Separation. Except for crosswalks, where a walkway abuts a driveway or street, it shall be raised six inches and curbed along the edge of the 23 driveway. Alternatively, the approval authority may approve a walkway abutting a 24 driveway at the same grade as the driveway if the walkway is distinguished from vehicle-maneuvering areas. Examples of alternative treatments are mountable curbs, 25 surface treatments such as stamped concrete or reflector bumps, and using a row of 26 decorative metal or concrete bollards to separate a walkway from a driveway. 27 b. Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with contrasting paving materials (e.g., light-color concrete inlay between 28 asphalt), which may be part of a raised/hump crossing area. Painted or thermo- 29 plastic striping and similar types of non-permanent applications may be approved for crosswalks not exceeding 24 feet in length. 30 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 92117 ORDINANCE NO. # Page of 1 paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt, and at least ten feet wide, in accordance with the section 18.4.6.040 Street Design Standards. 2 d. Accessible routes. Walkways shall comply with applicable Americans with Disabilities 3 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 4 accessible, and walkways shall provide direct routes to primary building entrances. 5 e. Lighting. Lighting shall comply with section 18.4.4.050. 6 7 SECTION 25. Section 18.4.4.030 \[Landscaping and Screening - Landscaping, Lighting and 8 Screening\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 9 18.4.4.030 Landscaping and Screening 10 A. General Landscape Standard. All portions of a lot not otherwise developed with buildings, 11 accessory structures, vehicle maneuvering areas, parking, or other approved hardscapes 12 shall be landscaped pursuant to this chapter. B. Minimum Landscape Area and Coverage. All lots shall conform to the minimum 13 landscape area standards of the applicable zoning district (see Table 18.2.5.030.A - C for 14 residential zones and Table 18.2.6.030 for non-residential zones). Except as otherwise 15 provided by this chapter, areas proposed to be covered with plant materials shall have plant coverage of not less than 50 percent coverage within one year and 90 percent coverage 16 within five years of planting. 17 C. Landscape Design and Plant Selection. The landscape design and selection of plants shall be based on all of the following standards. 18 1. Tree and Shrub Retention. Existing healthy trees and shrubs shall be retained, pursuant 19 to chapter 18.4.5. Consistent with chapter 18.4.5 Tree Preservation and Protection, 20 credit may be granted toward the landscape area requirements where a project proposal includes preserving healthy vegetation that contribute(s) to the landscape design. 21 2. Plant Selection. 22 a. Use a variety of deciduous and evergreen trees, shrubs, and ground covers. 23 b. Use plants that are appropriate to the local climate, exposure, and water availability. 24 The presence of utilities and drainage conditions shall also be considered. 25 c. Storm Water Facilities. Use water-tolerant species where storm water 26 retention/detention or water quality treatment facilities are proposed. 27 d. Crime Prevention and Defensible Space. Landscape plans shall provide for crime prevention and defensible space, for example, by using low hedges and similar 28 plants allowing natural surveillance of public and semi-public areas, and by using 29 impenetrable hedges in areas where physical access is discouraged. 30 e. Street Trees. Street trees shall conform to the street tree list approved by the Ashland Tree Commission. See the Ashland Recommended Street Tree Guide. 93117 ORDINANCE NO. # Page of 1 3. Water Conserving Landscaping. Commercial, industrial, non-residential, and mixed-use developments that are subject to chapter 18.5.2 Site Design Review, shall use plants 2 that are low water use and meet the requirements of 18.4.4.030.I Water Conserving 3 Landscaping. 4. Hillside Lands and Water Resources. Landscape plans for land located in the Hillside 4 Lands overlay must also conform to section 18.3.10.090 Development Standards for 5 Hillside Lands, and in the Water Resources overlay must also conform to section 18.3.11.110 Mitigation Requirements for Water Resource Protection Zones. 6 5. Screening 7 a. Evergreen shrubs shall be used where a sight-obscuring landscape screen is 8 required. 9 b. Where a hedge is used as a screen, fire-resistant and drought tolerant evergreen 10 shrubs shall be planted so that not less than 50 percent of the desired screening is achieved within two years and 100 percent is achieved within four years. Living 11 groundcover in the screen strip shall be planted such that 100 percent coverage is 12 achieved within two years. 13 6. Plant Sizes 14 a. Trees shall be not less than two-inch caliper for street trees, and 1.5-inch caliper for other trees at the time of planting. 15 b. Shrubs shall be planted from not less than one gallon containers, and where required 16 for screening shall meet the requirements of 18.4.4.030.C.5 Screening. 17 D. Tree Preservation, Protection, and Removal. See chapter 18.4.5 for Tree Protection and 18 Preservation and chapter 18.5.7 for Tree Removal Permit requirements. 19 E. Street Trees. The purpose of street trees is to form a deciduous canopy over the street. The same effect is also desired in parking lots and internal circulation streets; rows of street trees 20 should be included in these areas where feasible. 21 All development fronting on public or private streets shall be required to plant street trees in 22 accordance with the following standards and chosen from the recommended list of street trees. 23 1. Location of Street Trees. Street trees shall be located in the designated planting strip or 24 street tree wells between the curb and sidewalk, or behind the sidewalk in cases where 25 a planting strip or tree wells are or will not be in place. Street trees shall include irrigation, root barriers, and generally conform to the standards established by the 26 Community Development Department. 27 2. Spacing and Placement of Street Trees 28 All street tree spacing may be made subject to special site conditions that may, for reasons such as safety, affect the decision. Any such proposed special condition shall 29 be 30 pruning of street trees shall meet all of the following requirements. a. Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. 94117 ORDINANCE NO. # Page of 1 Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches. 2 b. Street trees shall not be planted closer than 25 feet from the curb line of intersections 3 of streets or alleys, and not closer than ten feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. 4 d. Street trees shall not be planted closer than 20 feet to light standards. Except for 5 public safety, no new light standard location shall be positioned closer than ten feet 6 to any existing street tree, and preferably such locations will be at least 20 feet distant. 7 e. Street trees shall not be planted closer than 2.5 feet from the face of the curb. Street 8 trees shall not be planted within two feet of any permanent hard surface paving or 9 walkway. Sidewalk cuts in concrete for trees, or tree wells, shall be at least 25 square feet; however, larger cuts are encouraged because they allow additional air 10 and water into the root system and add to the health of the tree. Tree wells shall be 11 covered by tree grates in accordance with City specifications. 12 g. Street trees planted under or near power lines shall be selected so as to not conflict with power lines at maturity. 13 h. Existing trees may be used as street trees if there will be no damage from the 14 development which will kill or weaken the tree. Sidewalks of variable width and 15 elevation, where approved pursuant to section 18.4.6.040 Street Design Standards, may be utilized to save existing street trees, subject to approval by the Staff Advisor. 16 3. Pruning. Street trees, as they grow, shall be pruned to provide at least eight feet of 17 clearance above sidewalks and 12 feet above street roadway surfaces. 18 4. Replacement of Street Trees.Existing street trees removed by development projects 19 shall be replaced by the developer with those from the street tree list approved by the Ashland Tree Commission. The replacement trees shall be of size and species similar to 20 the trees that are approved by the Staff Advisor. See the Ashland Recommended Street 21 Tree Guide. 22 F. Parking Lot Landscaping and Screening. Parking lot landscaping, including areas of vehicle maneuvering, parking, and loading, shall meet the following requirements. Single- 23 family dwellings and accessory residential units are exempt from the requirements of 24 subsection 18.4.4.030.F.2, below. 25 1. Landscaping. 26 a. Parking lot landscaping shall consist of a minimum of seven percent of the total parking area plus a ratio of one tree for each seven parking spaces to create a 27 canopy effect. 28 b. The tree species shall be an appropriate large canopied shade tree and shall be 29 selected from the street tree list approved by the Ashland Tree Commission to avoid root damage to pavement and utilities, and damage from droppings to parked cars 30 and pedestrians. See the Ashland Recommended Street Tree Guide. c. The tree shall be planted in a landscaped area such that the tree bole is at least two 95117 ORDINANCE NO. # Page of 1 feet from any curb or paved area. d. The landscaped area shall be distributed throughout the parking area and parking 2 perimeter at the required ratio. 3 e. That portion of a required landscaped yard, buffer strip, or screening strip abutting 4 parking stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species, living plant material 5 coverage, and placement distribution criteria are also met. Front or exterior yard 6 landscaping may not be substituted for the interior landscaping required for interior parking stalls. 7 2. Screening. 8 a. Screening Abutting Property Lines. A five foot landscaped strip shall screen parking 9 abutting a property line. Where a buffer between zones is required, the screening 10 shall be incorporated into the required buffer strip, and will not be an additional requirement. 11 b. Screening Adjacent to Residential Building. Where a parking area is adjacent to a 12 residential building it shall be setback at least eight feet from the building, and shall 13 provide a continuous hedge screen. 14 c. Screening at Required Yards. 15 i. Parking abutting a required landscaped front yard or exterior yard shall incorporate a sight obstructing hedge screen into the required landscaped yard. 16 ii. The screen shall grow to be at least 36 inches higher than the finished grade of 17 the parking area, except within vision clearance areas, section 18.2.4.050. 18 iii. The screen height may be achieved by a combination of earth mounding and 19 plant materials. 20 iv. Elevated parking lots shall screen both the parking and the retaining walls. G. Other Screening Requirements. Screening is required for refuse and recycle containers, 21 outdoor storage areas, loading and service corridors, mechanical equipment, and the City 22 may require screening other situations, pursuant with the requirements of this ordinance. 23 1. Recycle and Refuse Container Screen. Recycle and refuse containers or disposal areas from view shall be screened by placement of a solid wood fence or masonry wall five to 24 eight feet in height to limit the view from adjacent properties or public rights-of-way. All 25 recycle and refuse materials shall be contained within the screened area. 2. Outdoor Storage. Outdoor storage areas shall be screened from view, except such 26 screening is not required in the M-1 zone. 27 3. Loading Facilities and Service Corridors. Commercial and industrial loading facilities and 28 service corridors shall be screened when adjacent to residential zones. Siting and design of such service areas shall reduce the adverse effects of noise, odor, and visual 29 clutter upon adjacent residential uses. 30 4. Mechanical Equipment. Mechanical equipment shall be screened by placement of features at least equal in height to the equipment to limit view from public rights-of-way, 96117 ORDINANCE NO. # Page of 1 except alleys, and adjacent residentially zoned property. Mechanical equipment meeting the requirements of this section satisfy the screening requirements in 18.5.2.020.C.4. 2 a. Roof-mounted Equipment. Screening for roof-mounted equipment shall be 3 constructed of materials used in the build features such as a parapet, wall, or other sight-blocking features. Roof-mounted 4 solar collection devices are exempt from this requirement pursuant to subsection 5 18.5.2.020.C.4. 6 b. Other Mechanical Equipment. Screening for other mechanical equipment (e.g., installed at ground level) include features such as a solid wood fence, masonry wall, 7 or hedge screen. 8 H. Irrigation. Irrigation systems shall be installed to ensure landscape success. If a landscape 9 area is proposed without irrigation, a landscape professional shall certify the area can be maintained and survive without artificial irrigation. Irrigation plans are reviewed through a 10 Ministerial process at the time of building permit submittals. 11 I. Water Conserving Landscaping. Water has always been a scare, valuable resource in the 12 Western United States. In the Rogue Valley, winter rains give way to a dry season spanning five to seven months. Lack of water during the dry summer season was a major problem 13 facing early settlers. Their creative solutions greatly altered the development of this region. 14 Talent Irrigation Districts and other districts reservoirs and many miles of reticulating canals are an engineering marvel. 15 Ashlands early development centered around Ashland Creek and its year-round water 16 supply flowing from the flanks of Mt. Ashland, a mile in elevation above the town. 17 As the town grew, the old reservoir at the top of Granite Street and later, Reeder Reservoir 18 were built. They remain as a testament to the towns need for more water than the quantity that flows through the City during the dry season. The reservoir collects the winter rain 19 behind its dams, for use during the dry season. Snowfall adds to this system by slowly 20 melting in the spring and summer, after rainfall has diminished. This recharges the groundwater that continues to flow into Ashland Creek long after the last of the snow pack 21 has melted. 22 Presently, Reeder reservoirs capacity is just barely sufficient to supply the Citys current 23 water demands in a severe drought. With Ashlands semi-arid climate that includes periodic multi-year droughts, a fixed reservoirs size, and growing water demands, it is clear that 24 additional steps to insure a secure a water supply are now necessary. 25 There are two main ways of insuring a reliable water supply; either increase the supply by 26 finding additional water sources or reduce the demand through water conservation strategies. The traditional supply side solutions are economically and environmentally 27 expensive. Demand side solutions are relatively inexpensive, although they require changes 28 in behavior and usage patterns. One of the main strategies for reducing water use are landscape designs that use less water. Ashland has adopted these guidelines in order to 29 reduce the amount of water wasted by many standard landscaping practices. 30 The advantages to standards like these are that they avoid the costs of increasing the water supply, and also avoid the draconian measure of mandatory rationing. While standards limit 97117 ORDINANCE NO. # Page of 1 plant materials, the choices offered by drought tolerant plants give ample opportunity to create beautiful landscapes at no additional cost. 2 The goal of these guidelines is to decrease water usage while encouraging attractive 3 landscaping. Further, standards are aimed at reducing water and demand when it is most crucial, during the dry late summer months when water reserves are low. 4 The following standards are intended to conserve water while encouraging attractive 5 landscaping. Further, requirements are aimed at reducing water demand when water is 6 most scarce, during the dry late summer months when water reserves are low. 7 1. Landscaping Design Standards 8 a. Landscaping Coverage. Water conserving designs shall have plant coverage of not less than 90 percent with five years of planting, but are not required to meet the 9 standard of 50 percent coverage within one year. 10 b. Plant Selection. At least 90 percent of plants in the non-turf areas shall be listed as 11 drought tolerant in the Sunset Western Garden book, Citys Water-Wise Landscaping website, or be similarly well-suited for this climate of region as determined by the 12 Staff Advisor. Up to ten percent of the plants may be of a non-drought tolerant variety 13 or species as long as they are grouped together and are located in a separate irrigation zone. 14 c. Screening. Plant screening hedges to attain 50 percent coverage after two years. 15 d. Mulch. Add a minimum of two inches of mulch in non-turf areas to the soil surface 16 after planting, with the exception of within five (5) feet of a building or deck where 17 bark mulch and other combustible materials are not permitted per the General Fuel Modification Area standards in 18.3.10.100. Neither large nuggets nor fine bark may 18 be used for mulch. Non-porous material shall not be placed under the mulch. 19 natural e. Turf and Water Areas. Limit combined turf or water areas (i.e., pools, ponds, 20 Turf These and fountains) to 20 percent of the landscaped areas. limitations do not public privaterequired outdoor recreation apply to parks, common open space, 21 areas, golf courses, cemeteries, and school recreation areas. 22 f. Fountains. Design all fountains to recycle their water. 23 Natural Tt g. Turf Location. urf is restricted to slopes less than ten percent grade. 24 h. Berms and Raised Beds. 25 i. No more than five percent of landscaped area of any lot or project may be berms or raised beds higher than one foot unless there is demonstrated need for sound 26 or safety barrier. If allowed, berms must be no taller than 1/6 of their width. 27 ii. All plantings on berms one foot or greater in height must be drought tolerant. 28 iii. Only drip irrigation is allowed on berms more than one foot in height. 29 i. Soil Quality. When new vegetation is planted, soils shall be amended for plant health 30 and water absorption. Add mature compost at a rate of three cubic yards of compost per 1,000 square feet of area to be landscaped, and work soil and amendment(s) to a depth of four to six inches. This requirement may be waived for one or more of the 98117 ORDINANCE NO. # Page of 1 following circumstances. a. The area to be landscaped is fenced off to fully protect native soil from 2 disturbance and compaction during construction. 3 b. Soil tests document an organic content of a least three percent based on a 4 representative core sample taken at a rate of one test per 20,000 square feet, based on a minimum of three core sample per test. Samples shall be taken at 5 least 40 feet apart to a depth of six inches following attainment of rough grade. 6 c. The area to be landscaped will be used to capture and treat storm water runoff, 7 and is subject to separate design standards. 8 J. Maintenance. All landscaping shall be maintained in good condition, or otherwise replaced by the property owner; dead plants must be replaced within 180 days of discovery. 9 Replacement planting consistent with an approved plan does not require separate City 10 approval. 11 SECTION 26. Section 18.4.5.030 \[Tree Protection - Tree Preservation and Protection\] of the 12 Ashland Land Use Ordinance is hereby amended to read as follows: 13 14 18.4.5.030 Tree Protection A. Tree Protection Plan. A tree protection plan shall be approved by the Staff Advisor 15 concurrent with applications for Type I, Type II, and Type III planning actions. If tree removal 16 is proposed, a Tree Removal Permit pursuant to chapter 18.5.7 may be required. 17 B. Tree Protection Plan Submission Requirements. In order to obtain approval of a tree protection plan; an applicant shall submit a plan to the City, which clearly depicts all trees to 18 be preserved and/or removed on the site. The plan must be drawn to scale and include the 19 following. 20 1. Location, species, and diameter of each tree on site and within 15 feet of the site. 21 2. Location of the drip line of each tree. 22 3. An inventory of the health and hazard of each tree on site, and recommendations for treatment for each tree. 23 4. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and 24 other utility lines/facilities and easements. 25 5. Location of dry wells, drain lines and soakage trenches. 26 6. Location of proposed and existing structures. 27 7. Grade change or cut and fill during or after construction. 28 8. Existing and proposed impervious surfaces. 29 9. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan. 30 10. Location and type of tree protection measures to be installed per section 18.4.5.030.C. 99117 ORDINANCE NO. # Page of C. Tree Protection Measures Required. 1 1. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten 2 feet apart, shall be installed at the edge of the tree protection zone or dripline, whichever 3 common or public tracts is greater, and at the boundary of any open space, riparian areas, or conservation easements that abut the parcel being developed. 4 2. The fencing shall be flush with the initial undisturbed grade. 5 3. Approved signs shall be attached to the chain link fencing stating that inside the fencing 6 is a tree protection zone, not to be disturbed unless prior approval has been obtained 7 from the Staff Advisor for the project. 8 4. No construction activity shall occur within the tree protection zone, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, 9 equipment, or parked vehicles. 10 5. The tree protection zone shall remain free of chemically injurious materials and liquids 11 such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, and construction debris or run-off. 12 6. No excavation, trenching, grading, root pruning, or other activity shall occur within the 13 tree protection zone unless approved by the Staff Advisor. 14 7. Except as otherwise determined by the Staff Advisor, all required tree protection 15 measures set forth in this section shall be instituted prior to any development activities, including, but not limited to clearing, grading, excavation, or demolition work, and shall 16 be removed only after completion of all construction activity, including landscaping and 17 irrigation installation. 18 D. Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has inspected and approved the installation of the 19 required tree protection measures and a building and/or grading permit has been issued by 20 the City. 21 22 SECTION 27. Subsection 18.4.6.040.E \[Street Design Standards - Public Facilities\] of the 23 Ashland Land Use Ordinance is hereby amended to read as follows: 24 18.4.6.040 Street Design Standards 25 E. Connectivity Standards. New and reconstructed streets, alleys, and pathways shall conform to the following connectivity standards, and the Street Dedication Map. 26 1. Interconnection. Streets shall be interconnected to reduce travel distance, promote the 27 use of alternative modes, provide for efficient provision of utilities and emergency 28 services, and provide multiple travel routes. In certain situations where the physical features of the land create severe constraints, or natural features should be preserved, 29 exceptions may be made. Such conditions may include, but are not limited to, 30 topography, wetlands, mature trees, creeks, drainages, and rock outcroppings. See also, subsection 18.4.6.040.I Hillside Streets and Natural Areas. 100117 ORDINANCE NO. # Page of 1 2. Connectivity to Abutting Lands. Design streets to connect to existing, proposed, and planned streets adjacent to the development, unless prevented by environmental or 2 topographical constraints or existing development patterns. Where the locations of 3 planned streets are shown on the Street Dedication Map, the development shall implement the street(s) shown on the plan pursuant to chapter 18.4.6. Wherever a 4 proposed development abuts vacant, redevelopable, or a future development phase, 5 provide street stubs to allow access to logically extend the street system into the surrounding area. Provide turnarounds at street ends constructed to Uniform Fire Code 6 standards, as the City deems applicable. Design street ends to facilitate future extension 7 in terms of grading, width, and temporary barricades. 8 3. Efficient Land Use. Street layout shall permit and encourage efficient lot layout and attainment of planned densities. 9 4. Integration With Major Streets. Integrate neighborhood circulation systems and land 10 development patterns with boulevards and avenues, which are designed to accommodate heavier traffic volumes. Locate and design streets to intersect as nearly 11 as possible to a right angle. 12 5. Alleys. The use of the alley is recommended, where possible. Alleys can contribute 13 positively to the form of the street and have many advantages including: alleys allow more positive streetscapes with front yards used for landscaping rather than for front 14 yard driveways; alleys can create a positive neighborhood space where the sidewalk 15 feels more safe and inviting for pedestrians, neighbors socializing, and children playing; when the garage is located in rear yards off the alley, interesting opportunities arise for 16 creating inviting exterior rooms using the garage as a privacy wall and divider of space; 17 alleys enhance the grid street network and provides midblock connections for non- 18 motorists; alleys provide rear yard access and delivery; and provide alternative utility locations and service areas 19 6. Preserving Natural Features. Locate and design streets to preserve natural features to 20 the greatest extent feasible. Whenever possible, street alignments shall follow natural contours and features so that visual and physical access to the natural feature is 21 provided. Situate streets between natural features, such as creeks, mature trees, 22 common or public drainages, open spaces, and individual parcels in order to appropriately incorporate such significant neighborhood features. The City may approve 23 adjustments to the street design standards in order to preserve natural features, per 24 18.4.6.040.I Hillside Streets and Natural Areas. 25 7. Physical Site Constraints. In certain situations where the physical features of the land create severe constraints adjustments may be made. Such conditions may include, but 26 are not limited to, topography, wetlands, mature trees, creeks, drainages, and rock 27 outcroppings. See 18.4.6.040.I Hillside Streets and Natural Areas. 28 8. Off-Street Connections. Connect off-street pathways to the street network and use to provide pedestrian and bicycle access in situations where a street is not feasible. In 29 cases where a street is feasible, off-street pathways shall not be permitted in lieu of a 30 traditional street with sidewalks. However, off-street pathways are permitted in addition to traditional streets with sidewalks in any situation. 101117 ORDINANCE NO. # Page of 1 9. Walkable Neighborhoods. Size neighborhoods in walkable increments, with block lengths meeting the following requirements. 2 a. The layout of streets shall not create excessive travel lengths. Block lengths shall be 3 a maximum of 300 to 400 feet and block perimeters shall be a maximum of 1,200 to 1,600 feet. 4 b. An exception to the block length standard may be permitted when one or more of the 5 following conditions exist. 6 i. Physical conditions that preclude development of a public street. In certain 7 situations where the physical features of the land create severe constraints, or natural features should be preserved, exceptions may be made. Such conditions 8 may include, but are not limited to, topography, wetlands, mature trees, creeks, 9 drainages, and rock outcroppings. See 18.4.6.040.I Hillside Streets and Natural Areas. 10 ii. Buildings or other existing development on adjacent lands, including previously 11 subdivided but vacant lots or parcels, preclude a connection now or in the future 12 considering the potential for redevelopment. 13 iii. Where an existing public street or streets terminating at the boundary of the development site have a block length exceeding 600 feet, or are situated such 14 that the extension of the street(s) into the development site would create a block 15 length exceeding 600 feet. In such cases, the block length shall be as close to 600 feet as practical. 16 c. When block lengths exceed 400 feet, use the following measures to provide 17 connections and route options for short trips. 18 i. Where extreme conditions preclude street connections, continuous 19 nonautomotive connection shall be provided with a multi-use path. Off-street pathways shall not be used in lieu of a traditional street with sidewalks in cases 20 where extreme conditions do not exist. 21 ii. Introduce a pocket park, or plaza area with the street diverted around it. 22 iii. At the mid-block point, create a short median with trees or use other traffic 23 calming devices to slow traffic, break up street lengths, and provide pedestrian refuge. 24 10. Traffic Calming. Traffic calming features, such as traffic circles, curb extensions, reduced 25 street width (parking on one side), medians with pedestrian refuges, speed table, and or 26 special paving may be required to slow traffic in areas with high pedestrian traffic. 27 28 SECTION 28. Subsection 18.4.6.040.G.7 \[Street Design Standards - Public Facilities\] of the 29 Ashland Land Use Ordinance is hereby amended to read as follows: 30 G. Standards Illustrated. New and reconstructed streets, alleys and pathways shall conform 102117 ORDINANCE NO. # Page of 1 to the following design standards, as summarized in Table 18.4.6.040.F. 7. Multi-use Path 2 3 Multi-use paths are off-street facilities used primarily for walking and bicycling. These paths can be relatively short connections between neighborhoods, or longer paths 4 parks and common adjacent to rivers, creeks, railroad tracks, and open space. See 5 Figure 18.4.6.040.G.7. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Figure 18.4.6.040.G.7 Multi-Use Path 23 24 Street FunctionProvide short connections for pedestrians and bicyclists between destinations, and longer paths in situations where a 25 similar route is not provided on the street network. 26 ConnectivityEnhances route options and shorten distances traveled for 27 pedestrians and bicyclists. 28 Right-of-Way Width 10 ft 18 ft 29 30 Improvement Width6 ft 10 ft paved with 2 ft 4 ft gravel or planted strips on both sides 103117 ORDINANCE NO. # Page of 1 Curb and Gutter not required 2 3 SECTION 29. Subsection 18.4.6.040.I \[Street Design Standards - Public Facilities\] of the 4 Ashland Land Use Ordinance is hereby amended to read as follows: 5 I. Hillside Streets and Natural Areas. Streets constructed in hillside lands or natural resource areas (e.g., creeks, rock outcroppings, drainages, wetlands) should minimize 6 negative impacts and use minimal cut and fill slopes. Generally, the range of street types 7 provided in 18.4.6.040.G make it possible to construct or improve streets in accordance with the design standards. However, street design may be adjusted in hillside lands and natural 8 resource areas using the Exceptions to Street Standards process in 18.4.6.020.B.1. In 9 addition to the approval criteria for an Exception to Street Standards, the following standards must be met. 10 1. Approval of Streets in Hillside Lands and Natural Areas. Approval of a street in a hillside 11 lands or natural areas shall conform to chapter 18.3.10, Physical and Environmental 12 Constraints, and the following provisions. 13 a. Clear Travel Lane. New streets shall provide a 20-foot clear travel lane area in areas designated Hillside Lands. 14 b. On-Street Parking. Ample on-street or bay parking shall be provided at the foot of 15 steep hills, especially those prone to snow or ice buildup. 16 c. Streets shall be located in a manner that preserves natural features to the greatest 17 extent feasible. 18 e. Whenever possible, street alignments shall follow natural contours and features so that visual and physical access to the natural feature is possible. 19 f. Streets shall be situated between natural features, such as creeks, mature trees, 20 common or public drainages, open spaces, and individual parcels in order to 21 appropriately incorporate such significant neighborhood features. 22 2. Dead End Streets. Dead-end streets may be permitted in areas where topography, wetland, creeks, or other physical features preclude street connections. Only 23 neighborhood streets may be dead end roads. No dead end street shall exceed 500 feet 24 in length, not including the turnaround. 25 26 SECTION 30 Section 18.5.2.040 \[Application Submission Requirements - Site Design Review\] 27 of the Ashland Land Use Ordinance is hereby amended to read as follows: 28 18.5.2.040 Application Submission Requirements 29 The following information is required for Site Design Review application submittal, except where the Staff Advisor determines that some information is not pertinent and therefore is not required. 30 A. General Submission Requirements. Information required for Type I or Type II review, as applicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written 104117 ORDINANCE NO. # Page of 1 statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. 2 B. Site Design Review Information. In addition to the general information required for Site 3 Design Review, the applicant shall provide the following information. 4 1. Basic Plan Information.Plans and drawings shall include the project name, date, north arrow, scale, and names and addresses of all persons listed as owners of the subject 5 property on the most recently recorded deed. The scale of site and landscaping plans 6 shall be at least one-inch equals 50 feet or larger, and of building elevations one-inch equals ten feet or larger. 7 2. Site Analysis Map.The site analysis map shall contain the following information. 8 a. Vicinity map. 9 b. The property boundaries, dimensions, and area of the site shall be identified. 10 c. Topographic contour lines at 5-foot intervals or less, except where the Staff Advisor 11 determines that larger intervals will be adequate for steeper slopes. 12 e. Zone designation of the and adjacent to the proposed development, including lands 13 subject to overlay zones including but not limited to lands subject to Detail Site Review, Downtown Design Standards, Historic District, Pedestrian Place, Physical 14 and Environmental Constraints, and Water Resource Protection Zones overlays (see 15 part 18.3 Special Districts and Overlays). 16 f. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site. 17 g. The location and size of all public and private utilities, on and adjacent to the subject 18 site, including: 19 i. Water lines; 20 ii. Sewer lines, manholes and cleanouts; 21 iii. Storm drainage and catch basins; and 22 iv. Fire hydrants. 23 h. Site features, including existing structures, pavement, drainage ways, rock outcroppings, areas having unique views, and streams, wetlands, drainage ways, 24 canals and ditches. 25 i. The location, size, and species of trees six inches DBH or greater, including trees 26 located on the subject site and trees located off-site that have drip lines extending into the subject site. 27 . 3. Proposed Site Plan The site plan shall contain the following information. 28 a. The proposed development site, including boundaries, dimensions, and gross area. 29 b. Features identified on the existing site analysis maps that are proposed to remain on 30 the site. c. Features identified on the existing site map, if any, which are proposed to be 105117 ORDINANCE NO. # Page of 1 removed or modified by the development. d. The location and dimensions of all proposed public and private streets, drives, rights- 2 of-way, and easements. 3 e. The location and dimensions of all existing and proposed structures, utilities, 4 pavement, and other improvements, including: 5 i. Connection to the City water system and meter locations; 6 ii. Connection to the City sewer system; 7 iii. Connection to the City electric utility system and meter locations; 8 iv. New and/or replaced fire hydrants and vault locations; 9 v. The proposed method of drainage of the site; and 10 vi. The opportunity-to-recycle site and solid waste receptacle, including proposed screening. 11 f. Location of drainage ways and public utility easements in and adjacent to the 12 proposed development. 13 g. Setback dimensions for all existing and proposed structures. 14 h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access. 15 i. The location and dimensions of all parking and vehicle circulation areas (show 16 striping for parking stalls), including accessible parking by building code. 17 j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, 18 pathway connections to adjacent properties, and any bicycle lanes or trails. 19 Outdoor recreationCommon open k. spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements. 20 l. Location of outdoor lighting. 21 m. Location of mail boxes, if known. 22 n. Locations of bus stops and other public or private transportation facilities. 23 o. Locations, sizes, and types of signs. 24 4. Architectural drawings.Architectural drawings, as applicable. 25 a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten 26 feet or greater; such plans shall indicate the material, color, texture, shape, and design features of the building, and include mechanical devices not fully enclosed in 27 the building. 28 b. Exterior elevations of other proposed structures, including fences, retaining walls, 29 accessory buildings, and similar structures. 30 c. The elevations and locations of all proposed signs for the development. d. For non-residential developments proposed on properties located in a Historic 106117 ORDINANCE NO. # Page of 1 District, section drawings including exterior walls, windows, projections, and other features, as applicable, and drawings of architectural details (e.g., column width, 2 cornice and base, relief and projection, etc.) drawn to a scale ¾ of an inch equals 3 one foot or larger. 5.Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan 4 prepared by an engineer shall be submitted with the application for Site Design Review 5 where a development site is ½ of an acre or larger as deemed necessary by the Staff Advisor. The preliminary grading plan shall show the location and extent to which 6 grading will take place, indicating general changes to contour lines, slope ratios, slope 7 stabilization proposals, and location and height of retaining walls, if proposed, and 8 temporary and permanent erosion control measures. Surface water detention and treatment plans may also be required, in accordance with chapter 18.4.6 Public 9 Facilities. 10 6. Erosion Control Plan. An erosion control plan addressing temporary and permanent erosion control measures, which shall include plantings where cuts or fills (including 11 berms), swales, storm water detention facilities, and similar grading is proposed. Erosion 12 control plans in Hillside Lands shall also conform to section 18.3.10.090 Development 13 Standards for Hillside Lands. . 7. Landscape and Irrigation Plans 14 a. Landscape and irrigations plans shall include the following information. 15 i. The location, size, and species of the existing and proposed plant materials, and 16 any other pertinent features of the proposed landscaping and plantings. 17 ii. A tree protection and removal plan consistent with chapter 18.4.5 for sites with 18 trees that are to be retained, protected, and removed. 19 iii. At time of building permit submittals, an irrigation plan including a layout of irrigation facilities. 20 b. When water conserving landscaping is required pursuant to section 18.4.4.030, the 21 landscape plan shall contain the following additional information. 22 i. Information from proposed site plan. 23 ii. Landscape contact person, including address and telephone number. 24 iii. Identification of cut and fill areas. 25 iv. Location of underground utilities and all transformer and utility meter locations. 26 v. Slopes exceeding ten percent and grade changes in root zones of plants to be retained on site. 27 vi. Inventory of existing plant materials on site identifying that will remain and will be 28 removed. 29 vii. Composite plant list including quantity, size, botanical name, common name, 30 variety, and spacing requirements of all proposed plant material. viii. Mulch areas labeled according to material and depth. 107117 ORDINANCE NO. # Page of 1 ix. Shrub and tree planting and staking detail. x. Root barrier design, installation specifications, and details. 2 xii. Design and installation specifications of any proposed tree grates. 3 c. When water conserving landscaping is required pursuant to section 18.4.4.030, the 4 irrigation plan included with the building permit submittals shall contain the following 5 additional information. 6 i. Information from proposed site plan. 7 ii. Irrigation contact person, including address and telephone number. 8 iii. For lots with a landscaped area greater than 5,000 square feet, a grading plan and topographic map showing contour intervals of five feet or less. 9 iv. Identification of water source and point of connection including static and 10 operating pressure. 11 v. If Talent Irrigation District (TID) is used, list the size and type of filtration method. 12 vi. Area of irrigated space in square feet. 13 vii. Size, type, brand, and location of backflow device, as well as make, model, precipitation rate, and location of sprinkler heads. 14 viii. Layout of drip system showing type of emitter and its outputs, as well as type of 15 filtration used. 16 ix. Piping description including size schedule or class, type of mounting used 17 between piping and sprinkler heard, depth of proposed trenching, and provisions for winterization. 18 x. Size, type, brand, and location of control valves ad sprinkler controllers. 19 xi. Size, type, depth, and location of materials for under paving sleeves. 20 xii. Type and location of pressure regulator. 21 xiii. Type and location of rain sensor. 22 xiv. Monthly irrigation schedule for the plant establishment period (6 12 months) 23 and for the first year thereafter. 24 xv. Water schedule for each zone from the plan. 25 . 8.Narrative Letter or narrative report documenting compliance with the applicable 26 approval criteria contained in section 18.5.2.050. Specifically, the narrative shall contain the following. 27 a. For commercial and industrial developments: 28 i. The square footage contained in the area proposed to be developed. 29 ii. The percentage of the lot covered by structures. 30 iii. The percentage of the lot covered by other impervious surfaces. iv. The total number of parking spaces. 108117 ORDINANCE NO. # Page of 1 v. The total square footage of all landscaped areas. b. For residential developments: 2 i. The total square footage in the development. 3 ii. The number of dwelling units in the development (include the units by the 4 number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc). 5 iii. Percentage of lot coverage by structures; streets, roads, or drives; public use 6 area/private recreation and private open space areas areas, common , landscaping, and parking areas. 7 8 SECTION 31. Section 18.5.3.020 \[Applicability and General Requirements - Land Divisions 9 and Property Line Adjustments\] of the Ashland Land Use Ordinance is hereby amended to read 10 as follows: 11 18.5.3.020 Applicability and General Requirements 12 A. Applicability. The requirements for partitions and subdivisions apply, as follows. 13 1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, 14 within one calendar year. 15 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each 16 having frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via a private drive are allowed under chapter 18.3.9 Performance 17 Standards Option.) 18 3. Property line adjustments are modifications to lot lines or parcel boundaries that do not 19 result in the creation of new lots. 20 4. For properties located in the Performance Standards Overlay, all land divisions, other than partitions and development of individual dwelling units, shall be processed under 21 chapter 18.3.9 Performance Standards Option. Properties not located in the 22 Performance Standards Overlay but meeting the requirements of section 18.3.9.030, may be processed under chapter 18.3.9 Performance Standards Option. Except as 23 modified by chapter 18.3.9, the provisions of chapter 18.5.3 apply to development 24 applications processed under the Performance Standards Option. 25 B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lines, required yard areas, or setbacks, the exact lot 26 lines shall be validated by location of official survey pins or by a survey performed by a 27 licensed surveyor. 28 C. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat 29 evaluation and a final plat evaluation. 30 1. The preliminary plat must be approved before the final plat can be submitted for review. 2. The final plat must demonstrate compliance with all conditions of approval of the 109117 ORDINANCE NO. # Page of 1 preliminary plat. D. Compliance With Oregon Revised Statutes (ORS) chapter 92. All subdivision and 2 partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92, 3 Subdivisions and Partitions. 4 E. Future Re-Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use 5 district), the lots shall be of such size, shape, and orientation as to facilitate future re-division 6 and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public 7 facilities to adjacent parcels can occur in the future. If the Planning Commission determines 8 that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. 9 F. Minor Amendments. The following minor amendments to subdivisions and partitions are 10 subject to Ministerial review in Chapter 18.5.1.040. Changes to an approved plan or 11 condition of approval that do not meet the thresholds for a minor amendment, below, are subject to Chapter 18.5.6 Modifications to Approved Planning Actions. 12 1. A change that does increase the number of lots or parcels created by the subdivision. 13 2. A change that does not enlarge the boundaries of subdivided or partitioned area. 14 3. A change that does not alter the general location or amount of land devoted to a specific 15 land use. 16 4. A change that makes only minor shifting of the established lines, location, or size of 17 buildings or building envelopes, proposed public or private streets, pedestrian ways, other commonpublic utility easement, or parks and open spaces. 18 19 SECTION 32. Section 18.5.3.030 \[Preliminary Plat Approval Process - Land Divisions and 20 Property Line Adjustments\] of the Ashland Land Use Ordinance is hereby amended to read as 21 follows: 22 18.5.3.030 Preliminary Plat Approval Process 23 A. Review of Preliminary Plat. 24 1. Partitions. Preliminary plats for partitions, including flag lot partitions, are reviewed 25 through the Type I procedure under section 18.5.1.050. 26 2. Subdivisions. Preliminary plats for subdivisions are subject to the approval criteria in 27 section 18.5.3.050 and are reviewed through the Type II procedure, pursuant to chapter 18.5.1.060. 28 B. Modifications. The applicant may request changes to the approved preliminary plat or 29 conditions of approval following the procedures and criteria provided in chapter 18.5.6 30 Modifications to Approved Planning Actions. See also, subsection 18.5.3.020.G Minor Amendments. 110117 ORDINANCE NO. # Page of C. Phased Subdivision. The Planning Commission may approve plans for phasing a 1 subdivision, and changes to approved phasing plans, provided applicants proposal meets 2 all of the following criteria. 3 1. The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application. 4 2. Commission approval is required for modifications to phasing plans. 5 3. The required improvements (i.e., utilities, streets) for the first subdivision phase shall be 6 installed or bonded for within 18 months of the approval of the preliminary plat, except 7 when an extension of the preliminary plat is granted pursuant to section 18.1.6.040. 8 privatecommon 4. Public facilities and open spaces shall be constructed in conjunction with or prior to each phase. 9 5. The final plat for the first phase shall be approved within 18 months of the approval of 10 the preliminary plat, except when extension of the preliminary plat is granted pursuant to 11 section 18.1.6.040. 12 13 SECTION 33. Section 18.5.3.040 \[Preliminary Plat Submission - Land Divisions and Property 14 Line Adjustments\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 15 18.5.3.040 Preliminary Plat Submissions 16 Applications for Preliminary Plat approval shall contain all of the following information. 17 A. General Submission Requirements. 18 1.Partitions. Information required for a Type I review (see section 18.5.1.050), including but not limited to a written statement or letter explaining how the application satisfies 19 each and all of the relevant criteria and standards. 20 2.Subdivisions. Information required for a Type II review, (see section 18.5.1.060), 21 including but not limited to a written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards. 22 B. Preliminary Plat Information. In addition to the general information described in subsection 23 A, above, and any information required pursuant to chapter 18.3.9 Performance Standards 24 Option, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following 25 information, in quantities determined by Staff Advisor. 26 1. General information 27 a. Name of subdivision (partitions are named by year and file number). This name shall 28 not duplicate the name of another land division in the City or vicinity. 29 b. Date, north arrow, and scale of drawing. c. Location of the development sufficient to define its location in the City, boundaries. 30 d. Zoning of parcel to be divided, including any overlay zones. 111117 ORDINANCE NO. # Page of 1 e. A title block specifying minor or major partition and including the partition number, City of Ashland, the names, addresses, and telephone numbers of the owners of the 2 subject property and, as applicable, the name of the engineer and surveyor, and the 3 date of the survey. f. Identification of the drawing as a preliminary plat. 4 . 2. Existing Conditions Except where the Staff Advisor deems certain information is not 5 relevant, applications for Preliminary Plat approval shall contain all of the following 6 information on existing conditions of the site. 7 a. Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site. 8 b. Easements. Width, location, and purpose of all existing easements of record on and 9 abutting the site; 10 c. Utilities. Location and identity of all utilities on and abutting the site. If water mains 11 and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards; 12 d. Topography and Natural Features. A topographic map showing contour intervals of 13 five feet or less and the location of any physical constrained lands, pursuant to 14 chapter 18.3.10, and any natural features, such as rock outcroppings, wetlands, streams, wooded areas, and isolated preservable trees. 15 e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, 16 per the Ashland Floodplain Corridor Maps, as applicable. 17 f. North arrow and scale. 18 3. Proposed Development. Except where the Staff Advisor deems certain information is not 19 relevant, applications for Preliminary Plat approval shall contain all of the following information on the proposed development. 20 common a. Proposed lots, streets, tracts, open space, and park land (if any); location, 21 names, right-of-way dimensions. 22 b. Location, width, and purpose of all proposed easements; 23 c. Approximate dimensions, area calculation (e.g., in square feet), and identification privatecommon numbers for all proposed lots and private tracts (e.g., open space, 24 common area, or street). 25 d. Proposed uses of the property, including all areas proposed to be dedicated as 26 commonfor the purpose of surface public right-of-way or reserved as open space water management, recreation, or other use . 27 e. Proposed public street improvements, pursuant to chapter 18.4.6. 28 f. Preliminary design for extending City water and sewer service to each lot, pursuant 29 to chapter 18.4.6. 30 g. Proposed method of storm water drainage and treatment, if required, pursuant to chapter 18.4.6. 112117 ORDINANCE NO. # Page of 1 h. The approximate location and identity of other facilities, including the locations of electric, fire hydrants, streetlights, and utilities, as applicable. 2 i. Evidence of compliance with applicable overlay zones. 3 4 SECTION 34. Section 18.5.7.020 \[Applicability and Review Procedure - Tree Removal 5 Permits\] of the Ashland Land Use Ordinance is hereby amended to read as follows: 6 18.5.7.020 Applicability and Review Procedure 7 All tree removal and topping activities shall be carried out in accordance with the requirements 8 of this chapter and as applicable, the provisions of part 18.3 Special Districts and Overlay Zones, and chapter 18.4.4 Landscaping, Lighting, and Screening. 9 If tree removal is part of another planning action involving development activities, the tree 10 removal application, if timely filed, shall be processed concurrently with the other planning 11 action. Applications for Tree Removal Permits are reviewed as follows. 12 A. Ministerial Action. The following Tree Removal Permits are subject to the Ministerial procedure in section 18.5.1.040. 13 1. Emergency Tree Removal Permit. 14 B. Type I Reviews. The following Tree Removal Permits are subject to the Type I review in 15 section 16 18.5.1.050. This section applies to removal of trees that are a hazard or are not a hazard. 17 1. Removal of trees greater than six-inches DBH on private lands zoned C-l, E-l, M-l, CM, or HC. 18 2. Removal of trees greater than six-inches DBH on lots zoned R-2, R-3, and R-1-3.5 that 19 are not occupied solely by a single-family detached dwelling. 20 3. Removal of significant trees, as defined in part 18.6, on vacant property zoned for 21 residential purposes including but not limited to R-l, RR, WR, and NM zones. 22 4. Removal of significant trees as defined in part 18.6, on lands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City. 23 5. Tree Topping Permit. 24 C. Exempt From Tree Removal Permit. The following activities are exempt from the 25 requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B, above. 26 public 1. Those activities associated with the establishment or alteration of any park under the Ashland Parks and Recreation Commission. However, the Parks and Recreation 27 Department shall provide an annual plan in January to the Tree Commission outlining 28 proposed tree removal and topping activities, and reporting on tree removal and topping activities that were carried out in the previous year. 29 2. Removal of trees in single-family residential zones on lots occupied only by a single- 30 family detached dwelling and associated accessory structures where the property is less than twice the minimum lot size or otherwise ineligible to be partitioned or subdivided, 113117 ORDINANCE NO. # Page of 1 except as otherwise regulated by chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water Resource Protection Zones. 2 3. Removal of trees in multi-family residential and health care zones on lots occupied only 3 by a single-family detached dwelling and associated accessory structures where the property cannot be further developed with additional dwelling units other than an 4 accessory residential unit, except as otherwise regulated by chapters 18.3.10 Physical 5 and Environmental Constraints and 18.3.11 Water Resource Protection Zones. 6 4. Removal of trees less than six-inches DBH in any zone, excluding those trees located within the public right of way or required as conditions of approval with landscape 7 improvements for planning actions. 8 5. Removal of trees less than 18 caliper inches in diameter at breast height (DBH) on any 9 public school lands, Southern Oregon University, and other public land, excluding Heritage trees. 10 6. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, 11 for the purposes of wildfire fuel management, consistent with the fuel modification area 12 standards in 18.3.10.100, and in accord with the requirements of chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water Resource Protection Zones. 13 7. Removal of dead trees. 14 8. Those activities associated with tree trimming for safety reasons, as mandated by the 15 Oregon Public Utilities Commission, by the City's Electric and Telecommunication Utility. 16 However, the Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were carried out in the 17 previous year. Tree trimming shall be done, at a minimum, by a Journeyman Tree 18 Trimmer, as defined by the Utility, and will be done in conformance and to comply with OPUC regulations. 19 9. Removal of street trees within the public right-of-way subject to street tree removal 20 permits in AMC 13.16. 21 10. Those activities associated with tree trimming or removal at the Airport, within the Airport 22 (A) overlay zone for safety reasons, as mandated by the Federal Aviation Administration. The Public Works Department shall provide an annual report to the Tree Commission 23 outlining tree trimming activities and reporting on tree trimming activities that were 24 carried out in the previous year. 25 D. Other Requirements. 26 1. Flood Plain, Hillsides, and Wildfire. Tree removal in the Physical and Environmental Constraints Overlay (i.e., areas identified as Flood Plain Corridor Land, Hillside Lands, 27 Wildfire Lands and Severe Constraint Lands) must also comply with the provisions of 28 chapter 18.3.10 Physical and Environmental Constrains Overlay. 29 2. Water Resources. Tree removal in regulated riparian areas and wetlands must also comply with the provisions of chapter 18.3.11 Water Resources Protection Zones. 30 114117 ORDINANCE NO. # Page of SECTION 35. 1 Section 18.5.7.050 \[Mitigation Required - Tree Removal Permits\] of the Ashland 2 Land Use Ordinance is hereby amended to read as follows: 3 18.5.7.050 Mitigation Required 4 One or more of the following shall satisfy the mitigation requirement. 5 A. Replanting On-Site. The applicant shall plant either a minimum 1 ½-inch caliper healthy and well-branched deciduous tree or a five to six-foot tall evergreen tree for each tree 6 removed. The replanted tree shall be of a species that will eventually equal or exceed the 7 removed tree in size if appropriate for the new location. Larger trees may be required where the mitigation is intended, in part, to replace a visual screen between land uses. Suitable 8 species means the tree s growth habits and environmental requirements are conducive to 9 the site, given existing topography, soils, other vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be planted and maintained per the 10 specifications of the Recommended Street Tree Guide. 11 B. Replanting Off-Site. If in the City's determination there is insufficient available space on the 12 subject property, the replanting required in section 18.5.7.050.A, above, shall occur on other ncommon property in the applicant's ownership or control within the City, in a open space 13 public tract that is part of the same subdivision, or in a City owned or dedicated open space 14 or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species 15 and size of the tree. Nothing in this section shall be construed as an obligation of the City to 16 allow trees to be planted on City owned or dedicated property. 17 C. Payment In-Lieu of Planting. If in the City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree account an amount as 18 established by resolution of the City Council. 19 D. Mitigation Plan. An approved mitigation plan shall be fully implemented within one year of a 20 tree being removed unless otherwise set forth in a tree removal application and approved in the tree removal permits. 21 22 SECTION 36. Section 18.5.7.090 \[Enforcement and Penalties - Tree Removal Permits\] of the 23 Ashland Land Use Ordinance is hereby amended to read as follows: 24 25 18.5.7.090 Enforcement and Penalties In addition to taking enforcement action and assessing penalties for violations of this code, as 26 authorized by chapter 18.1.6 Zoning Permit Expiration, Extension, and Enforcement, the City 27 may take the following mitigation actions where there is a violation of this chapter: 28 A. Arborist Report and Required Treatment. Upon request by the City, a person who violates any provision of this chapter shall submit a report prepared by an arborist to 29 evaluate the damage to a tree and/or make recommendations to remedy the violation. The 30 City upon evaluating these recommendations, may, at the City's discretion, require that the recommended measures be implemented. 115117 ORDINANCE NO. # Page of B. Restoration Fee. In addition to any fine and enforcement fee, the court may impose a 1 restoration fee as restitution to the City for restoring the tree. This fee may be imposed upon 2 any person who violates any provision of this chapter or who violates any permit or condition 3 of any permit. 1. The fee shall be paid into the City's Tree Account and shall be a standard fee per caliper 4 inch for the total number of caliper inches of the tree damaged or removed in violation of 5 this chapter. The standard fee shall be in an amount as established by resolution of the City Council. 6 2. The court may require the person to pay into the City's Tree Account an increased fee 7 per caliper inch or pay for the value of the tree, whichever is greater, if any of the 8 following apply. 9 a. The person has committed a previous violation of a provision of this chapter. 10 b. Tree protection measures as required by this chapter were not installed or maintained. 11 c. The tree removed or damaged was: 12 i. 18 caliper inches in diameter or greater; 13 ii. a designated Heritage Tree; 14 iii expressly protected or required to be preserved as a condition of approval of a 15 development permit pursuant to this ordinance; or 16 common iv. located on public right of way, City owned or dedicated property, a 17 public or private open space area or conservation easement. 18 3. The value of a tree under this section shall be determined by an arborist in accordance with the methods set forth in the Guide for Plant Appraisal, an official publication of the 19 International Society of Arboriculture. 20 C. Fine. The removal of a tree in violation of this chapter, in violation of a permit or any condition of a permit issued under this chapter shall be a separate offense for each tree. 21 D. Cumulative Remedies. The rights, remedies, and penalties provided in this chapter are 22 cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and 23 penalties available to the City under any other provision of law. 24 25 SECTION 37. Codification. In preparing this ordinance for publication and distribution, the 26 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within 27 such limitations, may: 28 (a) Renumber sections and parts of sections of the ordinance; 29 (b) Rearrange sections; 30 (c) Change reference numbers to agree with renumbered chapters, sections or other parts; (d) Delete references to repealed sections; 116117 ORDINANCE NO. # Page of (e) 1 Substitute the proper subsection, section, or chapter numbers; (f) 2 Change capitalization and spelling for the purpose of uniformity; (g) 3 Add headings for purposes of grouping like sections together for ease of reference; and (h) 4 Correct manifest clerical, grammatical, or typographical errors. 5 SECTION 38.Severability. 6 Each section of this ordinance, and any part thereof, is severable, 7 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the 8 remainder of this ordinance shall remain in full force and effect. 9 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) 10 of the City Charter on the _____day of ____________, 2020, and duly PASSED and ADOPTED 11 this ____ day of _____________, 2020 . 12 13 14 _______________________________ Melissa Huhtala, City Recorder 15 16 SIGNED and APPROVED this day of ____________, 2020. 17 18 ________________________ 19 John Stromberg, Mayor 20 Reviewed as to form: 21 22 ______________________________ 23 David H. Lohman, City Attorney 24 25 26 27 28 29 30 117117 ORDINANCE NO. # Page of Cottages at 210 Alicia ArequestforOutlinePlansubdivisionandSiteDesign PA-T2-2020-00017– Reviewapprovalsfora12-unit,13-lotCottageHousingDevelopmentforthe propertylocatedat210AliciaStreet.TheapplicationalsorequestsaTree RemovalPermittoremovetwotreesincludingone36-inchdiametermulti- trunkedWillowtreeproposedtoberemovedasahazard,anda20-inch Plumtreeproposedtoberemovedtoaccommodatedrivewayinstallation. Proposal Details Proposal 12cottagesrangingissizefrom800to999squarefeetareproposedtobeconstructedaroundthe perimeteroftheproperty.ThedrivewayfromAliciaAvenueisproposedtoserve14parking spacesinaconsolidatedcentralparkingarea.Parkingspaceswouldbeintwocarportstructures withsolarpanels,andtheprojectisproposedtobeazeronetenergydevelopment. Site Description Thesubjectpropertyisa54,722squarefoot,generallyrectangularparcelzonedSingleFamily Residential(R-1-5-P)whichtakesaccessfromAliciaAvenue.Thereiscurrentlya1,183squarefoot manufacturedhomewitha340squarefootattachedgaragethatwasbuiltaround2003,aswell asasmallshedandsmallbarn.Thesestructureswouldberemovedwithredevelopmentofthe property.Theapplicanthasidentifiedasmallpossiblewetlandonthepropertyandisinthe processofhavingitassessedanddelineatedbyawetlandbiologist.Thepossiblewetlandandits surroundingbufferhavebeenincorporatedintotheproject’sopenspace. Landscaping & Trees Therearesixtreesontheproperty:a20-inchPlumwhichisproposedtoberemovedduetoits locationrelativetonecessarydrivewayimprovements;a14-inchunspecifieddeciduoustree;a10- inchWalnut;aneight-inchWillow;aten-inchWillow;anda36-inchmulti-trunkedWillow.The multi-trunked36-inchWillowisproposedtoberemovedasahazardtree,andtheprojectarborist explainsthatitexhibitsevidenceofpreviouslargelimbfailure,extensiverotandfungalgrowth, multiplestructuraldefectsincludingcracks,andoverallpoorhealth.Thearboristrecommends thattheWillowisnotsuitableforanurbansettingandwouldposeahazardforpeopleonthe property,allthemoresowithfurtherdevelopment.HerecommendsthatthisWillowberemoved andreplacedwithasuitabletree.Atotalof23treesnewtreesareidentifiedintheLandscape 1 Planprovided. Cottages at 210 Alicia PA-T2-2020-00017– ArequestforOutlinePlansubdivisionandSite DesignReviewapprovalsfora12-unit,13-lotCottageHousingDevelopment forthepropertylocatedat210AliciaStreet.Theapplicationalsorequestsa TreeRemovalPermittoremovetwotreesincludingone36-inchdiameter multi-trunkedWillowtreeproposedtoberemovedasahazard,anda20- inchPlumtreeproposedtoberemovedtoaccommodatedriveway installation. Key Issues Parking Cottagehousingunitslessthan800squarefeetrequireoneoff-streetparkingspacebeprovided perunit,whilecottagehousingunitsgreaterthan800squarefeetbutlessthan1,000squarefeet require1.5spaces.Asproposed,nineoftheunitsare800squarefeetandthreeare999square feet.Theapplicantproposestoprovide14off-streetparkingspacesforthe12cottagesproposed herewhichsatisfiestheoff-streetparkingrequirement. Streets & Traffic AliciaAvenueisaresidentialneighborhoodstreet,hasa47-footright-of-waywidth,andispaved to20feet.Therearenosidewalks,curbsorguttersinplaceoneithersideofthestreet,andright- of-waybeyondthepavementissurfacedingravelandaccommodatespedestriancirculationand on-streetparking.AresidentialdevelopmentofthissizedoesnotrequireaTrafficImpact Analysis,howevertheexistingstreetisestimatedtobewellbelowthedesignedcapacityfora neighborhoodstreet.NostreetdedicationsareidentifiedintheStreetDedicationMap,and cottagehousingdevelopmentstypicallydonotrequiretodedicateorconstructstreet improvementsiftheproposalisfoundtomeetconnectivityandblocklengthstandards. Demolition Theexistingmanufacturedhome,attachedgarage,smallbarnandshedwillbedemolishedprior toredevelopmentoftheproperty,andwillrequireaDemolition/RelocationReviewPermit throughtheBuildingDivisionbeforeanydemolitionworkbeginsonsite. Staff Recommendation Staffrecommendsthattheapplicationbeapprovedwiththeconditionsdetailedinthedraft findingsincludedinthePlanningCommission’sMay2020meetingpacket. 2 Cottages @ 210 Alicia Avenue Vicinity Map Carpor t 800 Square Foot, Detached Cottage 999 Square Foot, Detached Cottage 800 Square Foot, Attached Cottages BEFORE THE PLANNING COMMISSION June 9, 2020 IN THE MATTER OF PLANNING ACTION #PA-T2-2020-00017, A REQUEST FOR ) OUTLINE PLAN SUBDIVISION AND SITE DESIGN REVIEW APPROVALS FOR A ) 12-UNIT/13-LOT COTTAGE HOUSING DEVELOPMENT LOCATED AT 210 ALICIA ) AVENUE. THE APPLICANTION ALSO REQUESTS A TREE REMOVAL PERMIT ) TO REMOVE TWO TREES INCLUDING ONE 36-INCH DIAMETER MULTI- ) TRUNKED WILLOW TREE PROPOSED TO BE REMOVED AS A HAZARD, AND A ) FINDINGS, 20-INCH PLUM TREE PROPOSED TO BE REMOVED TO ACCOMMODATE DRIVE- ) CONCLUSIONS & WAY INSTALLATION. ) ORDERS ) OWNER/APPLICANT: DAVID SCOTT CONSTRUCTION, LLC/ ) ROGUE PLANNING ) & DEVELOPMENT SERVICES, LLC ) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot #1700 of Map 39 1E 04DB is located at 210 Alicia Avenue and is zoned Single Family Residential (R-1-5). 2) The applicant is requesting Outline Plan subdivision and Site Design Review approvals for a 12- unit, 13-lot Cottage Housing Development for the property located at 210 Alicia Street. The application also requests a Tree Removal Permit to remove two trees including one 36-inch diameter multi-trunked Willow tree proposed to be removed as a hazard, and a 20-inch Plum tree proposed to be removed to accommodate driveway installation. The proposal is outlined in plans on file at the Department of Community Development. AMC 18.3.9.040.A.3 3) The criteria for Outline Plan approval are described in as follows: a. The development meets all applicable ordinance requirements of the City. b. 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. 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. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. 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. The proposed density meets the base and bonus density standards established under this chapter. PA-T2-2020-00017 June 9, 2020 Page 1 g. The development complies with the Street Standards. AMC 18.5.2.050 4) The criteria for Site Design Review approval are detailed in as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. AMC 18.2.3.090 5) The development standards for Cottage Housing Development are detailed in as follows: C. Development Standards. Cottage housing developments shall meet all of the following requirements. 1.Cottage Housing Density. The permitted number of units and minimum lot areas shall be as follows: Table 18.2.3.090.C.1 Cottage Housing Development Density PA-T2-2020-00017 June 9, 2020 Page 2 Minimum Maximum Minimum lot Maximum number of number of size Maximum Floor cottages per cottages per (accommodates Zones Cottage Area cottage cottage minimum Density Ratio housing housing number of (FAR) development development cottages) 1 cottage R-1-5, dwelling unit NN-1-5 per 2,500 3 12 7,500 sq.ft. 0.35 NM-R-1-5 square feet of lot area 1 cottage dwelling unit R-1-7.5 per 3,750 3 12 11,250 sq.ft. 0.35 NM-R-1-7.5 square feet of lot area 2. Building and Site Design. a. Maximum Floor Area Ratio: The combined gross floor area of all cottages and garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking carports, green houses, and common accessory structures are exempt from the maximum floor area calculation. b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 square feet or less per unit. At least two of the cottages within three unit cottage housing developments shall have a gross habitable floor area of 800 square feet or less. The gross habitable floor area for any individual cottage unit shall not exceed 1000 square feet. c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a pitched roof may extend up to 25 feet above grade. d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone outlined in Table 18.2.5.030.A. e. Building Separation. A cottage development may include two-unit attached, as well as detached, cottages. With the exception of attached units, a minimum separation of six feet measured from the nearest point of the exterior walls is required between cottage housing units. Accessory buildings (e.g., carport, garage, shed, multipurpose room) shall comply with building code requirements for separation from non-residential structures. PA-T2-2020-00017 June 9, 2020 Page 3 f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited to four feet on interior areas adjacent to open space except as allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards abutting a public street, and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 3.Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site Development and Site Design Standards, cottage housing developments are subject to the following requirements: a.Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. b.Driveways and parking areas. Driveway and parking areas shall meet the vehicle area design standards of section 18.4.3. i. Parking shall meet the minimum parking ratios per 18.4.3.040. ii. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. iii. Off-street parking can be located within an accessory structure such as a multi-auto carport or garage, but such multi-auto structures shall not be attached to individual cottages. Single-car garages and carports may be attached to individual cottages. Uncovered parking is also permitted provided that off street parking is screened in accordance with the applicable landscape and screening standards of chapter 18.4.4. 4. Open Space. Open space shall meet all of the following standards. a. A minimum of 20 percent of the total lot area is required as open space. b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise granted an exception by the hearing authority. Connections between separated open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum open space area. c. Shall consist of a central space, or series of interconnected spaces. d. Physically constrained areas such as wetlands or steep slopes cannot be counted towards the open space requirement. PA-T2-2020-00017 June 9, 2020 Page 4 e. At least 50 percent of the cottage units shall abut an open space. f. The open space shall be distinguished from the private outdoor areas with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. g. Parking areas and driveways do not qualify as open space. Figure 18.2.3.090 Cottage Housing Conceptual Site Plans 5. Private Outdoor Area. Each residential unit in a cottage housing development shall have a private outdoor area. Private outdoor areas shall be separate from the open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private outdoor area. Private outdoor areas may include gardening areas, patios, or porches. b. No dimension of the private outdoor area shall be less than 8 feet. 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a community building for the sole use of the cottage housing residents. Common buildings shall not be attached to cottages. b. Carports and garage structures. Consolidated carports or garage structures, provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common PA-T2-2020-00017 June 9, 2020 Page 5 buildings. c. Nonconforming Dwelling Units. An existing single-family residential structure built prior to the effective date of this ordinance (date), which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain. Existing nonconforming dwelling units shall be included in the maximum permitted cottage density. 1,000 square feet of the habitable floor area of such nonconforming dwellings shall be included in the maximum floor area permitted per 18.2.3.090C.2.a. Existing garages, other existing non-habitable floor area, and the not be included in the maximum floor area ratio. d. Accessory Residential Units. New accessory residential units (ARUs) are not permitted in cottage housing developments, except that an existing ARU that is accessory to an existing nonconforming single-family structure may be counted as a cottage unit if the property is developed subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component filtration and on-site infiltration of storm water. b. Low impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. c. Cottages shall be located to maximize the infiltration of storm water run-off. In this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as reasonably possible when considering all standards in this chapter. 8. Restrictions. a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property notifying future property owners of the size restriction. AMC 18.5.7.040.B 6) The criteria for a Tree Removal Permit are described in as follows: 1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. PA-T2-2020-00017 June 9, 2020 Page 6 a.The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. 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. c. 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. d. Nothing in this section shall require that the residential density to 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 of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 7) On April 15, 2020 Governor Kate Brown issued Executive Order #20-16 Keep Government Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by Local Government During Coronavirus (COVID-19) Outbreak public bodies hold public meetings by telephone, video, or through some other electronic or virtual means, whenever possible; that the public body make available a method by which the public can listen to or virtually attend the public meeting or hearing at the time it occurs; that the public body does not have to provide a physical space for the public to attend the meeting or hearing; that requirements that oral public testimony be taken during hearings be suspended, and that public bodies instead provide a means for PA-T2-2020-00017 June 9, 2020 Page 7 submitting written testimony by e-mail or other electronic methods that the public body can consider in a timely manner 8) The Planning Commission, following proper public notice, held an electronic public hearing on May 12, 2020. In keeping with Executive Order #20-16, this meeting was broadcast live on local television channel 9 and on Charter Communications channels 180 & 181, and was live-streamed over the internet on RVTV Prime at http://www.rvtv.sou.edu. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report were made available on- line at http://www.ashland.or.us/Page.asp?NavID=17902 seven days prior to the hearing. The applicant was required to submit any presentation materials for consideration at the hearing by 3:30 p.m. on Friday, th May 8, and these materials were made available on-line and e-mailed to Commissioners. Those wishing toprovide testimony were invited to submit written comments via e-mail to PC-public- testimony@ashland.or.us with the subject line by 3:30 p.m. on Monday, May 11, 2020, and these comments were made available on-line and e-mailed to Commissioners. The applicant was invited to provide written rebuttal to these public comments by 3:30 p.m. on Tuesday, May th 12 and these arguments were posted on-line and e-mailed to Commissioners in advance of the electronic public hearing. All written testimony received by the deadlines was made available for Commissioners to review before the hearing and has been included in the meeting minutes. As provided in the Executive Order #20-16, no oral public testimony was taken during the hearing. Prior to the closing of the hearing, participants requested that the hearing or record remain open pursuant to ORS 197.763(6) to present additional evidence or argument via e-mail to PC-public- testimony@ashland.or.us he Planning Commission closed the hearing, but left the record open to the submittal of new evidence until 4:30 p.m. on May 19, 2020; to the submittal of responses to the new submittals until 4:30 p.m. on May 26, 2020; and to the submittal of written arguments, but no new evidence, by the applicant only until 4:30 p.m. on June 2, . 2020 The meeting was continued for Planning Commission deliberations until 7:00 p.m. on Tuesday, June 9, 2020 at which time the meeting was reconvened electronically and the Planning Commission, after consideration of the materials received, approved the application subject to 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" PA-T2-2020-00017 June 9, 2020 Page 8 Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. FINDINGS & CONCLUSIONS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the staff report, written public testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal for Outline Plan approval, Site Design Review approval, Cottage Housing, and Tree Removal Permit meets all applicable criteria for Outline Plan approval described in AMC 18.3.9.040.A.3; for Site Design Review described in AMC 18.5.2.050; for a Cottage Housing Development described in AMC 18.2.3.090; and for a Tree Removal Permit as described in AMC 18.5.7.040.B. 2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Outline Plan approval. The first approval criterion for Outline Plan approval is that, ordinance requirements of the Cityhe Commission finds that the proposal meets all applicable ordinance requirements, is requesting no Variances or Exceptions, and that this criterion has been satisfied. 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 b The Planning Commission notes that the application materials assert that adequate key City facilities can be provided to serve the development, and that based on consultations with representatives of the various City departments (i.e. water, sewer, streets and electric) the proposed small cottage housing units will not cause a City facility to operate beyond capacity. Water, Sewer, Electricity and Urban Storm Drainage Water The application explains, and Public Works has confirmed, that there is a six-inch water main in Sylvia Street, a four-inch water main in Alicia Street, and a fire hydrant is in place directly across from the driveway on Alicia Street. The applicant further asserts that there is adequate water pressure available to provide water service to the proposed new units. Sanitary Sewer PA-T2-2020-00017 June 9, 2020 Page 9 The application explains, and Public Works has confirmed, that there is a six-inch sanitary sewer line within the right-of-way for Alicia Street and Sylvia Street. The applicant further notes that in discussions with the sanitary sewer department, there are no reported capacity issues in the vicinity. The application concludes that the 12 proposed small, water-efficient units should not cause the system to operate beyond its current capacity. Public Works staff have indicated they see no issues for sanitary sewer capacity, and note that the development drains into a sewer trunk line east of Sylvia Street, and on into the Oak Street line north of Nevada Street where there are no known capacity issues. Electricity The application indicates that electrical infrastructure is available in the immediate vicinity, and that the applicant has worked with the electrical department to design the provided electrical service plan, and is seeking to address desired solar panel installation and net-metering while existing electrical infrastructure. Urban Storm Drainage The application notes, and Public Works has confirmed, that there is a ten-inch storm sewer line within the Sylvia Street right-of-way. The applicant explains that the project is required to employ ment Standards as well as under the Rogue Valley Sewer Services (RVSS) Standards for Storm Water Management, and the low impact development measures proposed including the use of pervious walkways and rain-barrel catchment of roof drainage to reduce the amount of storm water generated. The applicant proposes to capture, detain, treat and regenerate all storm drainage on the property through the use of a StormTech system which will detain and treat storm water before releasing it into the existing irrigation ditch adjacent to the parking lot. The applicant asserts that this should result in no added impacts to the Sylvia Street storm drain facilities. Police & Fire Protection An existing fire hydrant is in place directly across Alicia Avenue from the driveway entrance. As is typical, the Fire Marshal will review the final civil drawings and building permit submittals for compliance with fire codes relative to water supply and fire apparatus access, and conditions have been included below to require that the applicants address the requirements of the Fire Department including but not limited to approved addressing, fire apparatus access, fire hydrant distance and fire flow, as part of the Final Plan application submittal. STAFF DISCUSSION: Adequate Transportation Alicia Avenue is a residential neighborhood street, as are nearby Sylvia Street, Oak Lawn Avenue, and Sleepy Hollow Drive which form the street system for the neighborhood off of Oak Street here. The Alicia Avenue right-of-way is 47 feet in width, and is paved to a width of approximately 20 feet. There are no sidewalks, curbs or gutters in place on either side of the street, and right-of-way beyond the pavement is largely surfaced in gravel and accommodates pedestrian circulation and intermittent on-street parking. The street standards are discussed further in this section. PA-T2-2020-00017 June 9, 2020 Page 10 20-feet in width with a five-foot- connecting from Alicia Avenue to the internal pedestrian circulation connecting to each unit and continuing through to the proposed open space. The application asserts that the scale of the proposed development does not trigger a Traffic Impact Analysis or other transportation assessment. Staff would note that in considering a similarly sized cottage housing development at 476 North Laurel Street recently, a 12-unit cottage housing development was found to generate approximately 88 average daily trips (ADT) with eight p.m. peak hour trips and six a.m. peak hour trips. The trigger point for a Traffic Impact Analysis is 50 peak hour trips. Staff have contacted the City Engineering Division to determine if trip counts were available in the neighborhood, and it was noted that while no trip counts were available for Alicia Avenue, Engineering staff would estimate that trips were around 100 ADT. A residential neighborhood street is assumed to be able to accommodate up to 1,500 ADT. Staff believe a finding can reasonably be made that the street has adequate transportation capacity to serve the 12 proposed small homes. The application includes preliminary Grading, Utility and Erosion Control Plans prepared by Registered Professional Engineer Scott D. Pingle of KAS & Associates, Inc. which identify existing facilities available in the adjacent rights-of-way along with proposed connections; meter and transformer placement; and storm water control, detention and treatment systems. The Planning and through the subject property from public utility easements and street right-of-way adjacent to the site, and that based on the conceptual plans and details from the various service providers, adequate key city facilities are available within the adjacent rights-of-way and will be extended by the applicant to serve the proposed development. Conditions have been included below to require that final electric service, utility and civil plans be provided for the review and approval of the Staff Advisor and city departments in conjunction with the Final Plan submittal, and that civil infrastructure be installed by the applicants, inspected and approved prior to the signature of the final survey plat. 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, STAFF DISCUSSION: Significant Natural Features Trees The application identifies six trees on the subject property including: a 20-inch Plum which is proposed to be removed due to its location relative to necessary driveway improvements; a 14-inch unspecified deciduous tree; a 10-inch Walnut; an eight-inch Willow; a ten-inch Willow; and a 36- inch multi-trunked Willow which is proposed to be removed as a hazard tree. The application also notes that there is a 14-inch Pine on the adjacent property near the west property line. The application includes an assessment of the trees by Christopher John, a certified arborist with Canopy, LLC. John notes that the large Willow has three trunks (21½-inches, 24-inches and 30- PA-T2-2020-00017 June 9, 2020 Page 11 inches) in close proximity to one another, and that all three exhibit evidence of previous large limb failure, extensive rot and fungal growth, and multiple structural defects including cracks, and overall poor health. His assessment is that this Willow is not suitable for an urban setting and would pose a hazard for people on the property, all the more so with further development. He recommends that this Willow be removed and replaced with a suitable tree. With regard to the 20-inch Plum located near the northern entrance to the property, John explains that the tree is quite large for its species, and as the species is prone to do it has been losing limbs. He goes on to emphasize that Plums require maintenance that this tree has not received and as a result it has a poor form and limb failure. He concludes that this combined with the location relative to the driveway and parking lead him to recommend removal and replacement of the tree. For the remaining trees to be preserved and protected, John recommends installation of tree protePreservation & Protection Ordinance (AMC 18.4.5), avoiding compaction within the tree protection zones, root protection during work within tree protection zones, and periodic watering during the months of June through September. Potential Wetland The application explains that a possible wetland ( Inventory) has been identified on the subject property, further detailing that the applicant believes it was formed bcanal passes through the property and continues on to the property immediately to the east. The application explains that the potential wetland area has been preliminarily assessed by a wetland biologist with Northwest Biological Consultants. A provided indicates the wetland is a small area affected by irrigation water overflow from an open ditch and disconnected pipe which has since been repaired, and notes that the presence of upland soils and weak indicators of soils, plants, and hydrology suggest the presence of a small, marginal wetland. The letter goes on to note that with the pipe repaired and the artificial water source eliminated, new data will be collected this spring to determine whether removal of the artificial water source has eliminated the source of artificial hydrology for the potential wetland. The wetland biologist indicates that they believe this will be the case and that as such, the area will be determined not to be a jurisdictional wetland upon review by the Oregon Department of State Lands (DSL). The arborist concludes that pending that review by DSL, no ground disturbing activities are to take place. If found to be a jurisdictional wetland, this possible wetland and an area extending 20 foot beyond its upland edge would be protected in a Water Resource Protection Zone (WRPZ) as provided in AMC 18.3.11. extent with its protection zone, there is an area identified for protection with silt fencing within the vicinity of cattails and reeds observed growing on-site. natural features including a possible wetland and six trees and proposed to preserve and protect all but two of the trees. One, a large Willow, has been found by a PA-T2-2020-00017 June 9, 2020 Page 12 certified arborist to pose a hazard due to overall poor health including large limb failures, extensive rot, fungal growth and multiple structural defects. The other, a large Plum, has not been properly cared for resulting in poor form, and limb failure and it is proposed for removal as well. The remaining trees are to be preserved and protected. Similarly, the applicant has enlisted the services of a wetland biologist to assess a possible wetland on the property been repaired, further assessment and formal delineation of the wetland is underway, the site plan incorporates an open space configuration to preserve and protect the possible wetland, and no further ground dIf determined to be jurisdictional through a formal delineation, the full extent of the wetland and associated buffer zone will need to be clearly detailed in the Final Plan materials and protected from require that for the wetland, a delineation be prepared, submitted for review and concurrence obtained from DSL, and the results incorporated into the Final Plan drawings including protection of the WRPZ. For the trees, conditions have been recommended to include tree protection fencing into a revised Tree Protection Plan for inclusion with the Final Plan submittal. The fourth criterion for approval of an Outline Plan is that, The Planning Commission finds that the development will not prevent adjacent land from being developed with the uses envisioned by the Comprehensive Plan. Adjacent properties to the north, south and west are largely developed with single family residences as envisioned in the Comprehensive Plan. The property immediately to the east is separated from the subject property by slopes ranging from 15 percent to more than 35 percent, and as such any future development would need to take access from Clinton Street. The fifth approval criterion is that, and common areas, if required or provided, and that if developments are done in phases that the early The Planning Commission finds that at the time the Final Plan application is submitted, s and surveyor for provide adequate assurances relative to open space maintenance. The Commission further finds that if the project is to be completed in phases, the open space shall be completed no later than submittal have been included below. Based on the foregoing, the Commission concludes that the proposal complies with the fifth approval criterion. The proposed density meets the base and bonus density standards established under this chapter permissible number of cottages for a cottage housing development in the R-1-5 zoning district providing that one cottage per 2,500 square feet of lot area is allowed, with a maximum number of 12 cottages. The Planning Commission finds that the 54,722 square foot property here will accommodate 12 cottages PA-T2-2020-00017 June 9, 2020 Page 13 (54,722/2,500 = 21.89) and 12 are proposed which complies with the allowed Cottage Housing Development Density. Based on the foregoing, the Commission concludes that the proposal complies with the sixth approval criterion. The development complies with the Street Standards. The subject property fronts on Alicia Avenue for a width of approximately 35 feet at the intersection with Sylvia Street. Alicia Avenue is a residential neighborhood street, as are nearby Sylvia Street, Oak Lawn m off of Oak Street here. The Alicia Avenue right-of-way is 47 feet in width, and is paved to a width of approximately 20 feet. There are no sidewalks, curbs or gutters in place on either side of the street, and right-of-way beyond the pavement is largely surfaced in gravel and used both for pedestrian travel and scattered on-street parking. For residential neighborhood streets, City street standards envision five-foot sidewalks, seven-foot parkrow planting strips, a six-inch curb and seven-foot parking bays on each side, with an 11- to 14-foot queuing travel lane. The city standard cross-section includes a 25- to 28-foot curb-to-curb paved width in a 50- to 55-foot right-of-way. STAFF DISCUSSION: Street Standards The applicant explains that the existing street frontage is only 34-feet 4-inches in width, and the proposed driveway is to take up 30-feet of that width. With the limited frontage taken up virtually in its entirely with required driveway improvements, there is no additional width for sidewalk installation. As such, staff have recommended a condition below to instead require that the applicant sign-in favor of a Local Improvement District (LID) for the future improvement of Alicia Avenue, and of Oak Lawn Avenues which provides a connection out to Oak Street and its sidewalk system. The Cottage Housing Development Standards (AMC 18.2.3.090.C.3.a) generally provide that except - 1), the Planning Commission may reduce or waive requirement to dedicate and construct a public street according to the Street Design Standards in AMC 18.4.6.040 upon a finding that the Cottage Housing Development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. The existing street system within the immediate neighborhood meets the block length standards existing block lengths are 165-175 feet where the block length standards call for a maximum length of 300-400 feet and i street system, while not fully improved to City street design standards, functions comparably to a shared streetand provides adequate connectivity through the neighborhood and out to Oak Street. City park driveway through the site, across a neighboring private property, to the park property would be approximately 450 feet and traverse severely constrained slopes. The park property is less than 500 feet from the driveway entrance traveling due north on Sylvia Street, and as such staff do not believe that an east-west public access easement dedication is merited. PA-T2-2020-00017 June 9, 2020 Page 14 The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Outline Plan subdivision approval under the Performance Standards Options chapter. 2.4 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site Design Review approval. The first approval criterion addresses the requirements of the underlying zone, requiring that, The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable The Planning Commission finds that the building and yard setbacks and other applicable standards have been evaluated to ensure consistency with the applicable provisions of part 18.2, and all regulations of the underlying R- 1-5 zoning will be satisfied. The second approval criterion deals with overlay zones, and requires that,The proposal complies with The Planning Commission finds that the property is within the Performance Standards Option (PSO) overlay zone, which requires that all developments other than partitions or individual dwelling units be processed under Chapter 18.3.9., and that the proposal involves a 12-unit cottage housing development and 13-lot subdivision for which the applicant has requested Outline Plan approval under the PSO-Overlay chapter 18.3.9. The Planning Commission further finds that the subject property is located within the Wildfire Lands Overlay, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 will need to be provided for the review of the Fire Marshal prior to bringing combustible materials onto the property. New landscaping proposed will need to comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. Conditions to this effect have been included below. The Commission finds that while no wetlands are identified on the subject property in the Local Wetlands Inventory, the applicant has identified a possible wetland on the property, a wetland biologist has been retained to assess the possible wetland, the possible wetland and a 20-foot buffer has been incorporated into the proposed open space, the applicant has proposed to limit ground disturbance until a delineation has been reviewed by the Oregon Department of State Lands and the applicant has planned all site improvements outside of the possible wetland and its buffer zone. The applicant further proposes to include a conservation area with restrictions stipulates that the uses and activities within the Water Resource Protection Zone shall be consistent with the provisions of AMC 18.3.11. Based on the foregoing, the Planning Commission finds that this criterion is satisfied. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by The Planning Commission finds that the proposal complies with the applicable Site Development and Design and that the various plans have been prepared based on these standards and PA-T2-2020-00017 June 9, 2020 Page 15 the recently adopted Cottage Housing ordinance. With regard to the parking requirements in AMC 18.4.3, cottage housing units less than 800 square feet require one off-street parking space be provided per unit, while units greater than 800 square feet and less than 1,000 square feet require 1½ spaces. Here, nine of the 12 units are 800 square feet while three are 999 square feet, and a total of 14 spaces are required \[(9 x 1) + (3 x 1.5) = 13.5\]. The applicant proposes to provide 14 off-street parking spaces to satisfy the requirements for the 12 units proposed units here. Carports are considered by code to be garages, and separate bicycle parking facilities are not required where a garage is available. The Planning Commission finds that all required off-street parking has been provided on site, and concludes that the third criterion has been satisfied. The fourth approval criterion addresses city facilities, specifically requiring that, The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject propertyThe Planning Commission finds that adequate capacity of city facilities, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property, and that these items are addressed in detail in the Outline Plan discussion in section 2.3 above. The Commission concludes that this criterion has been satisfied. The Planning Commission finds that the applicant has not requested any Exceptions to the Site Development and Design Standards, and as such this criterion does not apply. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Site Design Review approval. 2.5 The Planning Commission finds that the proposal satisfies all applicable standards specific to Cottage Housing Development. The Planning Commission finds the proposal complies with the allowed development density, floor area ratio, height and lot coverage standards, with 12 cottages proposed for a 54,722 square foot parcel and a combined floor area ratio of 0.18. 75 percent of the proposed cottages are 800 square feet in gross habitable floor area, all of the cottages are proposed with roof peaks less than 25 feet from grade, exhibits have been provided to demonstrate that cottages within the development will not cast a shadow upon the roof of another cottage, and cottages along the north property line are noted as being design to comply with Solar Setback Standard A. Lot coverage is proposed at 42 percent and is within the allowed standards for the R-1-5 zoning district. The Commission further finds that building separations are equal or greater than the six-foot minimum for cottages. With the exception of the attached units all cottages are separated by at least nine feet. The Commission finds that any fencing will comply with the limitations of the fence code and will not exceed four feet on interior areas adjacent to open space except as allowed for deer fencing, and a condition the fencing limitations. PA-T2-2020-00017 June 9, 2020 Page 16 The Planning Commission finds that the existing driveways separation between the subject property and 732 Sylvia Street to the north is non-conforming, and will not be made more non-conforming with the proposed development here. The Commission finds that the driveway and parking area proposed meet the vehicle area design standards in AMC 18.4.3. All spaces are to be standard nine-foot by 18-foot spaces with a 24-foot back-up area provided. The Commission further finds that the proposal meets the off-street parking requirements of AMC 18.4.3.040, providing 14 spaces for the 12 cottages in a single, consolidated parking area. Parking is to be provided in carports on each side of the drive aisle, and the carports will include solar panels as for the project. The driveway is proposed to be improved to 20-feet in width which complies with the minimum driveway width for access to a parking area for 14-parking spaces. The driveway has been designed to accommodate a fire truck turn-around, and will be designated as such on-site, as required by the Ashland Fire Department. The property has frontage along Alicia Avenue. There are no street connections identified in the vicinity Street Dedication Map, and adjacent development, natural features and topography pose difficulties for future street extension. The applicant has proposed a walkway along the east side of the driveway extending from the street into and around the development for the use of residents and guests of the proposed cottage housing development. The Planning Commission finds that 14,701 square feet, or 26.86 percent of the site, is proposed in open space, where a minimum of 20 percent is required. The proposed common area open spaces consist of turf areas with pathways for easy access to and from the covered parking spaces to the cottage units. To the east of the parking area, a large landscape common area with decomposed granite paths at the edges of the estimated wetland buffer zone is proposed. This common area is connected to the formal walkways and a 20-foot turf strip to a community garden area that is along the west property line. A total area of 14,701 square feet of the lot area is dedicated to open spaces, which include 12,028 square feet of open space plus the possible wetland and its buffer which total 2,673 square feet in area. The Commission finds that the open spaces have no dimensions of less than 20 feet, and are connected with five-foot walkways. The open space is generally centrally located, and all units abut common open spaces that are 20-feet in width or greater. The cottages are arranged around the edges of the property with the primary common open space generally centered on the site. Eight of the units abut this open space. Additionally, along the north and south sides of the parking area, a 20-foot landscaped area with common walkway is proposed, and Lot #6 abuts the community garden open space. Of the 12 units proposed, seven directly abut the larger open spaces and all abut an at least 20-foot wide common open space. The Commission further finds that the common open space is separated from the private outdoor areas. Private outdoor areas are proposed adjacent to the units with pathways that connect the entrances of the units to and through the open space with a walkway leading to the parking areas and public street beyond. Each cottage unit has a private, useable outdoor area of at least 200 square feet which includes garden areas, and porches or patios. These private areas do not have any dimensions less than eight feet. Low PA-T2-2020-00017 June 9, 2020 Page 17 fencing and landscaping will provide visual boundaries around the perimeter of the common areas and between the private yards. The Commission finds that the development proposes on-site infiltration through an on-site catchment system that is a part of the projects low impact development storm water measures detailed in the civil and landscape drawings. Landscape garden bed filtration systems, permeable walkways and rain barrels are to be provided to allow for natural filtration and on-site filtration, and site drainage has been engineered to be filtered per regional (RVSS) standards with a StormTech system which, based on percolation rate of the soils and the storm water event studies, will retain and regenerate all storm water on-site. Based on the foregoing, The Planning Commission concludes that, as detailed above and with the conditions discussed, the proposal is consistent with the Cottage Housing Development Standards. 2.6 The Planning Commission notes that there are six trees on the subject property including: a 20- inch Plum which is proposed to be removed due to its location relative to necessary driveway improvements; a 14-inch unidentified deciduous tree; a 10-inch Walnut; an eight-inch Willow; a ten-inch Willow; and a 36-inch multi-trunked Willow which is proposed to be removed as a hazard tree. The application also notes that there is a 14-inch Pine on the adjacent property near the west property line. The Commission also notes that the application includes an assessment of the trees by Christopher John, a certified arborist with Canopy, LLC. The project arborist notes that the large Willow has three trunks (21½-inches, 24-inches and 30-inches) in close proximity to one another, and that all three exhibit evidence of previous large limb failure, extensive rot and fungal growth, and multiple structural defects including cracks, and overall poor health. His assessment is that this Willow is not suitable for an urban setting and poses a hazard for people on the property, all the more so with further development of the site. He recommends that this Willow be removed as a hazard and replaced with a suitable tree. This tree is located within the buffer zone of the possible wetland identified, however hazard tree removal is exempt from regulation under the Water Resources Protection Zones (WRPZ) Ordinance in AMC 18.3.11. The Commission further notes that with regard to the 20-inch Plum located near the northern entrance to the property, the arborist indicates that the tree is quite large for its species, and as the species is prone to do it has been losing limbs. He goes on to emphasize that Plums require maintenance that this tree has not received and as a result it has a poor form and has experienced limb failure. He concludes that this combined with the location relative to the driveway and parking lead him to recommend removal and replacement of the tree. The applicant notes that removal of this tree allows the site to develop in a manner consistent with applicable Site Design standards, and that the removal will not have any impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, windbreaks, or tree densities. The Commission finds that 23 new trees are identified in the Landscape Plan provided (Sheet L-101), which more than satisfies the one-for-one mitigation requirement. The Commission further notes that the Ashland Tree Commission was unable to convene its regular the Coronavirus (COVID-19) outbreak, which suspended advisory commission meetings. As such there is no Tree Commission recommendation. As provided in AMC 2.25.040, the failure of the Tree PA-T2-2020-00017 June 9, 2020 Page 18 Commission to make a recommendation on any individual planning action shall not invalidate that action. The Commission finds that the remaining trees which are to be preserved are proposed to be protected with six-foot tall chain link fencing as recommended by the arborist and Preservation & Protection Ordinance (AMC 18.4.5). In addition, the arborist has recommended that the applicant avoid soil compaction within the tree protection zones, provide for root protection during any work within tree protection zones, and periodically water preserved trees from during the warmer months (June through September). Conditions have been included to require tree protection fencing a revised Tree Protection Plan for inclusion with the Final Plan submittal. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Tree Protection and for Tree Removal Permits to remove two trees. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Outline Plan subdivision and Site Design Review approvals for a 12-unit/13-lot Cottage Housing development, and Tree Removal Permit to remove two trees is supported by evidence contained within the whole record. The project is intended to as a zero net energy development with solar panels installed on the two carport buildings, and will include 12 modestly sized units developed around a generous central open space which the type of development envisioned with the adoption of the Cottage Housing ordinance. The Commission believes that the development merits approval with the conditions detailed below. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #PA-T2-2020-00017. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2020-00017 is denied. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, including that no ground-disturbing activities are to take place within the potential wetland area or its associated buffer until it has been determined whether the potential wetland is jurisdictional and concurrence has been obtained from the Oregon Department of State Lands (DSL). 2. That any new addresses shall be assigned by City of Ashland Engineering Department. Street and subdivision names shall be subject to City of Ashland Engineering Department review for compliance with applicable naming policies. 3. That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for new driveway approaches or any necessary encroachments. PA-T2-2020-00017 June 9, 2020 Page 19 4.That a Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to any site work including excavation, staging or storage of materials, or excavation permit issuance. The Tree Verification Permit is to inspect the identification of the two trees to be removed and the installation of tree protection fencing for trees to be protected on adjacent properties. Standard tree protection consists of chain link fencing six feet tall and installed in accordance with the requirements of AMC 18.4.5.030.B. No construction shall occur within the tree protection zone including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. 5.That the applicant shall obtain approval of Demolition/Relocation Review Permits through the City of Ashland Building Division prior to demolition of existing structures on the subject property if found to be necessary by the Building Official. 6.That a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 7.That the Final Plan submittal shall include: a.That draft CC&Rs for the Homeowner's Association shall be provided for review and approval of the Staff Advisor with the Final P responsibility for the maintenance of all common use-improvements including driveways, parking areas, carports, landscaping/open space, and storm water facilities. The cottage housing fencing limitations, floor a b.The approved Tree Protection Plan and accompanying standards for compliance shall be noted in the CC&Rs. The CC&Rs must state that deviations from the plan shall be considered a violation of the Planning Application approval and therefore subject to penalties described in the Ashland Municipal Code. c.A wetland delineation with concurrence from the Oregon Department of State Lands (DSL). If the delineation identifies a jurisdictional wetland, the wetland and its protection zone shall be clearly identified in the Final Plan drawings. d.A phasing plan for the completion of the development. e.Final site lighting details. f.Final lot coverage calculations demonstrating how lot coverage is to comply with the applicable coverage allowances of the zoning district. Lot coverage includes all building footprints, driveways, parking areas and other circulation areas, and any other areas other than natural landscaping. g.All easements including but not limited to public and private utilities, irrigation, mutual access and circulation, and fire apparatus access shall be indicated on the Final Plan submittal for review by the Planning, Engineering, Building and Fire Departments. h.Final electric service, utility and civil engineering plans including. All civil infrastructure shall be installed by the applicants, inspected and approved prior to the submittal of the final survey plat for review and signature. PA-T2-2020-00017 June 9, 2020 Page 20 i.The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer mains and services, manholes and clean-outs, and storm drainage pipes and catch basins, along with any backflow prevention measures required by the Water Department because there is a non-potable water source (irrigation) on the property. Any required private or public utility easements shall be delineated on the civil plans. ii.The final electric design and distribution plan shall include load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment with the Final Plan application. This plan must be reviewed and approved by the Electric Department prior to the signature of the final survey plat. Transformers and cabinets shall be located in areas least visible from streets and outside of vision clearance areas, while considering the access needs of the Electric Department. Electric services shall be installed underground to serve all lots within the applicable phase prior to submittal of the final survey plat for review and signature. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. iii.The storm drainage plan shall detail the location and final engineering for all storm drainage improvements associated with the project, and shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. The storm drainage plan shall demonstrate that post-development peak flows are less than or equal to the pre-development peak flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. i.A final grading and erosion control plan. j.A final Tree Protection Plan addressing the trees on the property to be preserved and trees on adjacent properties within 15 feet of the property line. The plan shall identify the location and placement of fencing around the drip lines of trees identified for preservation as required in AMC 18.4.5.030.B.1. The amount of fill and grading within the drip line shall be minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed around the trunk/crown root. The recommendations of the project arborist in terms of soil compaction, root protection and periodic water shall be incorporated into this plan. k.A final size- and species-specific landscaping plan including irrigation details satisfying the Water Conserving Landscaping Guideline in AMC 18.4.4.030.I. New landscaping shall comply with the General Fuel Modification Area requirements and shall not include plants listed on the Prohibited Flammable Plant List adopted by Resolution #2018-028. All landscaping shall be installed according to the approved plan, and tied into the existing irrigation system, inspected and approved prior to the issuance of a certificate of occupancy. PA-T2-2020-00017 June 9, 2020 Page 21 l.That the requirements of the Ashland Fire Department relating to fire hydrant distance, spacing and clearance; fire flow; fire apparatus access, approach, turn-around, and firefighter access pathway; approved addressing; fire sprinkler and extinguishers as applicable; limits on fencing and gates which would impair access; and wildfire hazard area requirements shall be satisfactorily addressed in the Final Plan submittals. Fire Department requirements shall be included in the civil drawings, and a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements of AMC 18.3.10.100.A.2. shall be included with the Final Plan submittal. 8.A final survey plat shall be submitted for the review and approval of the Staff Advisor within 12 months and approved by the City of Ashland within 18 months of this approval. Prior to submittal of the final subdivision survey plat for review and signature: a.The final survey plat shall include a deed restriction notifying future property owners that the size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. This size limitation shall also be addressed in the b.All easements including but not limited to public and private utilities, mutual access, and fire apparatus access shall be indicated on the final survey plat as required by the Ashland Engineering Division. c.The driveway approach shall be installed under permit from the Public Works Department and in accordance with the approved plan, inspected and approved prior to the submittal of the final survey plat for signature. d.Subdivision infrastructure improvements including but not limited to utility installations shall be completed according to approved plans prior to submittal of the final survey plat for review and signature. e.The driveway shall be paved to 20-foot width, a vertical clearance of 13-feet, 6-inches and be able to withstand 44,000 lbs. The flag drive shall be constructed so as to prevent surface drainage from flowing over the private property lines and/or the public way. f.Electric services shall be installed underground to serve all lots, inspected and approved. The electric service plan shall be reviewed and approved by the Ashland Electric, Building, Planning and Engineering Divisions prior to installation. g.Sanitary sewer laterals and water services including connection with meters at the street shall be installed to serve all lots, inspected and approved. h.The property owner shall sign in favor of Local Improvement Districts (LIDs) for the future street improvements, including but not limited to paving, sidewalks, parkrow with irrigated street trees, curb, gutter, storm drainage and undergrounding of utilities, for Alicia and Oak Lawn Avenues. This LID agreement shall be signed and recorded concurrently with the final survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 9.That the building permit submittals shall include: PA-T2-2020-00017 June 9, 2020 Page 22 a.Final permit drawings addressing all requirements of the Building Division, including but not limited to that the attached units or any units where exterior walls are less than three feet from a property line shall address fire separation requirements, and fire-rated assemblies for attached units shall include a sound transmission class rating of 45 for air- borne sound. b.Identification of all easements, including public and private utility easements, mutual access easements and fire apparatus access easements. c.Solar setback calculations demonstrating that the northern units comply with Solar Setback Standard A in the formula \[(Height 6)/(0.445 + Slope) = Required Solar Setback\] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. Other cottage housing units shall provide demonstration of compliance with the Cottage Housing Development Standards requiring that the not cast a shadow on the roof area of another cottage. d.That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system through the curb or gutter at a public street, a public storm pipe, an approved public drainage way, or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On-site collection systems shall be detailed on the building permit submittals. June 9, 2020 Planning Commission Approval Date PA-T2-2020-00017 June 9, 2020 Page 23 210 Alicia Street The Cottages at Alicia David Scott Construction Received 4.20.2020 March 6, 2020 Twelve Unit, Thirteen Lot, Performance Standards Subdivision for the development of a Cottage Housing community. Subject Property Address: 210 Alicia Street Map & Tax Lot: 39 1E 04 BD; Tax Lot 1700 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-5 Adjacent Zones: R-1-5 Overlays: Physical and Environmental Constraints Water Resource Protection Zone (potential wetland) Wildfire Overlay Development Property Owner: David Scott Construction 876 Clay Street Ashland, OR 97520 Site Layout and Design: RLA Design LLC 176 Harrison Street Ashland, OR 97520 Engineering Services: KAS and Associates 304 S Holly Street Medford, OR 97501 Applicant: Rogue Planning & Development Services, LLC Amy Gunter 33 N Central Avenue; Suite 213 Medford, OR 97501 Received 4.20.2020 Request: The request is for approval of a twelve-unit, thirteen-lot, Performance Standards Subdivision for the development of a cottage housing subdivision on a partially vacant property. Property Description: The subject property is on the south side of Alicia Street where Alicia Street turns into Sylvia Street. The property is to the east of Oak Street and south of the Oak Court Subdivision. The property is zoned single family residential, R-1-5. All surrounding properties are zoned Single Family Residential, and R-1-5, Performance Standards Overlay. The adjacent properties are generally improved with single family residences of various sizes and out-buildings. The property has 40-feet of frontage on Alicia Street, extends approximately 200-feet to the south, where the property widens to 280-feet of width, east / west. The property area is 1.26 acres (54,722 square feet) in area. There is a 1,183 square foot, single-story, residence with a 340 square foot attached garage. The manufactured home was constructed in 2003 per the building permit dataon the property. There is a small shed and a small barn structure on the site. These structures will be removed from the property. The east property line is to the west of the break in the slope where the steep slopes downhill towards Riverwalk and the Mace Property, a new City of Ashland park that will extend the Riverwalk Park to the north are present. There are six-trees that are more than six-inches DBH on the subject property. There is one larger stature Pine tree on the adjacent property to the west. There is a 20-inch deciduous near the west property line. Another 14-inch deciduous tree is present further west. A 14-inch pine tree is near the west property line on the adjacent property to the west. On the west side of the property there is a 10-inch walnut, and three willows, eight-inch, ten-inch and a 36-inch DBH willow tree. Received 4.20.2020 A possible wetland has been preliminarily assessed by a wetland biologist, Northwest Biological Consulting. The “wetland” area has formed primarily due to the conditions of the Million Irrigation ditch which passes through the property and continues downhill to the end users pond on the adjacent property to the east. See the attached letter which discusses the wetland studies which have been conducted and the next steps for the wetlands delineation. The lot is accessed from the south side of Alicia Street via a gravel driveway. Alicia Street and Sylvia Street are classified as neighborhood streets according to the Transportation System Plan. The streets are improved with asphalt pavement, but lack curb, gutter, sidewalks and street trees. There is a 6-inch water main in Sylvia and a 4-inch water main in Alicia Street. There is a fire hydrant across Alicia Street from the driveway entrance. There is a 6-inch sanitary sewer main in Sylvia Street. There is a 10-inch storm sewer line in Sylvia Street. Avista gas, and Ashland Fiber Network are also available to serve the property. Electric service is underground from primary services on Oak Street. The infrastructure is proposed to be extended underground to the site. Received 4.20.2020 Proposal: The request is for approval of a twelve-unit, thirteen-lot, cottage housing subdivision and a simultaneous Outline Plan for a Performance Standards Subdivision in accordance with Ashland Municipal Code (AMC) 18.2.3.090 and 18.3.9. Design Considerations: The proposed development utilizes the Performance Standards Option which allows for the development of Cottage Housing developments. The proposal is for 12, two-bedroom cottage units. There are three cottage designs within the subdivision. Lots #1, #6 and #12 are proposed as 999 square foot, two-bedroom, two bath structures. There are four, duplex units. They are proposed as two- bedroom, one bath, 800 square foot units. The other five units are proposed as detached, two-bedroom, two bath 800 square foot units. Each unit is proposed to have a recessed, covered entry. The units are proposed with an open floor plan. The larger units are intended to have interior design to allow for ADA accessibility. All units are proposed to include many of the Lifelong Housing Certification features and will works towards Lifelong Housing Certification in the final house design. Conceptual elevations for cottage residences have been provided with the proposal. The units are proposed to be single story with a low pitched, shed roofs. The units feature elements of mid-century modern, and pacific northwest inspired architecture. The proposed development has been designed as an extremely energy efficient, zero net energy with remote metering. The covered carports are proposed to have over 150 photovoltaic panels to provide all the energy the units need plus the ability to provide back to the grid. The electrical engineering is considering the installation of a car charging station. The site layout and structures comply with the purpose and intent of the Cottage Housing ordinance, and furthers the goals of the Comprehensive Plan of the City that seeks to provide additional, small, energy efficient, community oriented housing within the compact urban form that is bound by the City of Ashland Urban Growth Boundary. The common open space areas will be distinguished from the cottage unit private areas with fencing that is not more than four-feet in solid panel fencing. For the purposes of solar setbacks, the property has an approximately four -percent slope downhill to the north. The proposed structures are single story with vaulted ceilings are limited in height and demonstrate compliance with the required solar setback standards that prevent shading of an adjacent cottage roof line. The north units comply with solar setbacks along the north property line. None of the structures will exceed the maximum building height of 18-feet nor the maximum peak height of 25-feet. Received 4.20.2020 Tree Removal and Tree Preservation: There are six-trees that are more than six-inches DBH on the subject property. There is one larger stature Pine tree on the adjacent property to the west. There is a 20-inch deciduous near the west property line. Another 14-inch deciduous tree is present further west. A 14-inch pine tree is near the west property line on the adjacent property to the west. On the west side of the property there is a 10-inch walnut, and three willows, eight-inch, ten-inch and a 36-inch DBH willow tree. The 36-inch willow tree has been evaluated by an arborist who has determined that the tree is in a hazardous condition and must be removed. The tree is within the possible wetland buffer zone. The removal of hazardous trees is exempt from the regulated activities within the Water Resource Protection Zone. The 20-inch deciduous tree near the west property line is proposed for removal due to the installation of the driveway. Tree protection fencing in the form of six-foot tall chain link fences, set in accordance with the proposed protection plan provided with the application will provide adequate protection to the sites remaining trees. Open Space Development: Due to the conditions of the Million Irrigation ditch which passes through the property and continues downhill to the end users pond on the adjacent property to the east, a possible wetland type of area has formed. A wetlands biologist has been retained who has done some preliminary fieldwork and indicated the edge of the dripline of the large willow tree, two smaller willows and a small walnut tree is the approximate edge of the future 20-foot buffer of any potential wetland. Further studies are being conducted this winter/spring and a hydrology report and final wetlands delineation will be made. As noted, the proposed layout provides adequate spacing (wetland buffer area) from the areas of disturbance for the proposed cottage house, open space and parking area construction. The cottages are arranged in a horseshoe around the edges of the property. The main common open space generally centered on the site There are eight units that abut the common open space. Additionally, along the north and south sides of the parking area a 20-foot landscape area with common walkway is proposed. Lot #6 abut the community garden open space. Of the 12 units proposed, seven directly abut large, open spaces and all units abut an at least 20-foot wide common open space. The proposal accounts for a total of more than the required common open space areas by providing 14,701 square feet of open space. There is a dispersed common area for garden plots north or Lot #6. All common areas and the units abutting are connected with five-foot wide walkways. The large common open space area does not have any dimension of less than 20-feet, common open spaces of 20-feet are present along the north and south side of the carport structures as well. Received 4.20.2020 The site plan demonstrates that each unit also has 200 square feet of private open space areas, no dimensions of the useable, private open space are less than eight feet in area. Parking, Access, Circulation: The proposed development requires 14 parking spaces. One space for each unit that is 800-square feet and 3.5 spaces for the units for a total of 14 parkingspaces. The parking area is consolidated in the center of the parcel. The proposed parking will be covered with carport structures. The structures are proposed to have solar panels. The proposal does not involve the creation or improvement to a public street and the Cottage Housing section of the code allows for four or more units accessed via a shared driveway. The driveway and the parking area are proposed to be improved to the applicable standards for a parking area as per AMC 18.4.3. Public right of way improvements: The proposal to provide the driveway with an asphalt connection to the existing edge of street, a five- foot wide sidewalk is proposed along the east side of the access driveway is proposed to terminate into the existing street asphalt. There are not sidewalks, parkrows, curb or gutter proposed in the public right- of-way as the existing streets have no improvements, and the frontage width of the property is 34’-4” with 30-feet of hardscape proposed. On the following pages are the written findings addressing the applicable criteria from the Ashland Municipal Code, the code is in font. The applicant’s findings are in Calibri font. Times New Roman Received 4.20.2020 Findings of Fact addressing the criteria from the Ashland Land Use Ordinance 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. A Cottage Housing development is a Special Permitted Use in the R-1-5 zone. 18.2.3.090 – Cottage Housing Finding: The subject property proposed for development of the twelve-unit, thirteen lot cottage housing development. The layout is compatible with the adjacent neighborhood development pattern. Large setbacks that provide more than 15-foot setback along the north property line, there are six foot, or greater setbacks on the east and west sides and a ten-foot, rear yard setback from the south property line. The proposed units are aesthetically pleasing, are proposed to exceed building code energy efficiency standards and to provide age-in-place housing. The common open spaces exceed the area and dimensions and provide large, common outdoor spaces. The open spaces, common areas and utilities will have access, maintenance and other necessary protections through the establishment of the Homeowner’s Associate and the Covenants, Conditions and Regulations. A local land use attorney has begun drafting the easements and the HOA and CC&R documents. The proposed cottage housing development adds a necessary housing inventory to the city of Ashland limited supply of small, single family residential units that provide ownership opportunities. According to the standards, the development of cottage housing also requires a Site Design Review under chapter 18.5.2. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to , Exception to the Site Development and Design the approval criteria under subsection18.5.2.050.E Standards. Finding: No exceptions or variances are requested. C.Development Standards. Cottage housing developments shall meet all of the following requirements: 1. Cottage Housing Density. The permitted number of units and minimum lot areas shall be as follows: Received 4.20.2020 Zone: R-1-5; 1 cottage dwelling unit per 2,500 square feet of lot area; Minimum number of units: 3; Maximum number of units: 12; Minimum lot size: 7,500; Maximum FAR: .35 Finding: The 54,722 square foot property is zoned single family residential. The density of the property cannot exceed 12 cottage units. The proposal complies with the standards. Cottage Housing Details: Lot area: 54,722 square feet Density: 12: maximum number of units Floor Area Ratio (.35 FAR): 54722 X .35 = 19,152 square feet Proposed: 10,197 square feet Common Area (20%): 10,944.40 square feet Proposed: 14,701 square feet Private outdoor area: 200 square feet with no dimension of less than 8’ 2,400 square feet total Lot Coverage (50%): 27,361 square feet Proposed: 22,905 square feet 2. Building and Site Design. a. Maximum Floor Area Ratio. The combined gross floor area of all cottages is not to exceed a 0.35 floor area ratio (FAR). Finding: The combined gross floor area of all the cottages does not exceed .35 floor area ratio (FAR). The maximum floor area ratio (FAR) is 19,152 square feet. The proposed FAR is 10,197 square feet square feet in area. b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 square feet or less per unit. At least two of the cottages within three-unit cottage housing developments shall have a gross habitable floor area of 800 square feet or less. The gross habitable floor area for any individual cottage unit shall not exceed 1,000 square feet. Finding: Received 4.20.2020 Three of the proposed cottages have 999 square feet. Nine cottages are 800 square feet square feet in area. This is 75 percent of the total number of units. The proposed gross habitable floor area complies with the standards. c. Height. Building height of all structures shall not exceed 18 feet. The ridge ofa pitched roof may extend up to 25 feet above grade. Finding: The proposed 999 square foot buildings are an average of 14-feet, 7-inches in average height. The ridge of the roof is 21-feet, 11-inches. The detached, 800 square foot structures are proposed to be an average height of 12-feet and a peak of less than 18-feet. The proposed structures comply with the solar setback standards within the development and will not cast a shadow upon the roof of another cottage within the development. The proposed structures on the north property line also are proposed to comply with the solar setback standard A along the north property line in accordance with AMC 18.4.8. d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone outlined in Table 18.2.5.030.A. Finding: The proposed lot coverage following the site development is 22,905 square feet in area. This complies with the maximum lot coverage allowed in the zone of 27,361 square feet. e. Building Separation. Finding: The proposed separation between the buildings exceeds the minimum separation of six feet. Excepting the four attached units, the other cottages are more than nine feet separated. f. Fences. Finding: The fences that will separate the private yard areas from the open spaces and common areas will not exceed the four feet on interior areas adjacent to open space except as allowed for deer fencing. Received 4.20.2020 3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9, Performance Standards Option and PSO Overlay, and part 18.4, Site Development and Design Standards, cottage housing developments are subject to the following requirements: a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in section 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. Finding: The property has frontage along Alicia Street. There is not an east / west street connection proposed on the city of Ashland Street Dedication Maps on or adjacent to the subject property due to the presence of adjacent development and topographical and natural feature constraints that would prevent cross connections via public streets. A sidewalk along the east side of the driveway extends from the public street, to and around and development is proposed. The pathway does not provide a connection to the adjacent properties of the subject property because the adjacent properties are privately owned and developed in a manner that prevent connectivity. The pathway is not proposed as a public walkway system but is available for the use of the residents and guests of the proposed cottage housing development. b. Driveways and Parking Areas. Driveway and parking areas shall meet the vehicle area design standards of chapter 18.4.3. Finding: The existing driveways areexisting, non-conforming setback from the property to the northeast. The non-conforming driveway will not be made more non-conforming through the proposed development. The driveway is proposed to be improved to 20-feet in width. This width complies with the minimum driveway width for access to a parking area for 14-parking spaces. The driveway is proposed to accommodate a fire truck turn around. The turnaround area will be signed or marked pavement as required by the Ashland Fire Department. i. Parking shall meet the minimum parking ratios per section 18.4.3.040. Finding: There are nine cottages that are 800 square feet in area, each requires one parking space. There are three cottages that are 999 square feet in area. These units require 1.5 parking spaces each. There is 13.5 parking spaces required, 14 are provided. This complies with the standards. Received 4.20.2020 ii. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. Finding: The parking area required for the cottage housing development is consolidated into one, parking area. The parking area is proposed to be located in the center of the property and be covered. iii.Off-street parking can be located within an accessory structure such as a multi-auto carport or garage, but such multi-auto structures shall not be attached to individual cottages. Single-car garages and carports may be attached to individual cottages. Uncovered parking is also permitted provided that off-street parking is screened in accordance with the applicable landscape and screening standards of chapter 18.4.4. Finding: A multi-vehicle carport structure is proposed for the 14-parking spaces. The carports are not attached to the cottages. 4. Open Space. Open space shall meet all of the following standards: a. A minimum of 20 percent of the total lot area is required as open space. Finding: The proposed common open spaces areas provided exceed the required 10,944 square feet in area. The common area open spaces consist of turf areas with pathways for easy access to and from the covered parking spaces to the cottage units. This turf area and the walkways for ease provides ample area for residents to interact on a daily basis. The trash enclosure and the bicycle parking structure are accessed from the open space area and the parking area. To the west of the parking area, a large landscape common area with decomposed granite paths at the edges of the estimated wetland buffer zone is proposed. This common area is connected to the formal walkways and the 20-foot turf strip to the community garden area that is along the east property line. There is a total area of 14,701 square feet of the lot area preserved as open spaces. The common open space area is 12,028 square feet and the estimated wetland and wetland buffer is 2,673 square feet in area. Received 4.20.2020 b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise granted an exception by the hearing authority. Connections between separated open spaces, not meeting this dimensional requirement, shall not contribute toward meeting theminimum open space area. Finding: The open spaces have no dimensions of less than 20-feet. They are connected via five-foot walkways. The common area open spaces consist of turf areas with pathways for easy access to and from the covered parking spaces to the cottage units. This turf area and the walkways for ease provides ample area for residents to interact on a daily basis. The trash enclosure and the bicycle parking structure are accessed from the open space area and the parking area. To the west of the parking area, a large landscape common area with decomposed granite paths at the edges of the estimated wetland buffer zone is proposed. This common area is connected to the formal walkways and the 20-foot turf strip to the community garden area that is along the east property line. There is a total area of 14,701 square feet of the lot area preserved as open spaces. The common open space area is 12,028 square feet. The common open space protects the estimated wetland and wetland buffer which is approximatly 2,673 square feet in area. c. Shall consist of a central space, or series of interconnected spaces. Finding: The open space location is centrally located. All units abut common open spaces that are 20-feet in width or greater. d. Physically constrainedareas such as wetlands or steep slopes cannot be counted towards the open space requirement. Finding: The open space area required is 10,292 square feet. There is a total area of 14,701 square feet of the lot area preserved as open spaces. The common open space area that is not physically constrained, is 12,028 square feet. The common open space protects the estimated wetland area, and the 20-foot wetland buffer, which is approximatly 2,673 square feet in area. e. At least 50 percent of the cottage units shall abut an open space. Finding: Received 4.20.2020 The cottages are arranged in a horseshoe around the edges of the property. The main common open space generally centered on the site There are eight units that abut the common open space. Additionally, along the north and south sides of the parking area a 20-foot landscape area with common walkway is proposed. Lot #6 abut the community garden open space. Of the 12 units proposed, seven directly abut large, open spaces and all units abut an at least 20-foot wide common open space. f. The open space shall be distinguished from the private outdoor areas with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. Finding: The open space is separate from the private outdoor areas. Private outdoor areas are proposed adjacent to the units with pathways that connect the entrances of the units to and through the open space with a walkway leading to the parking areas and public street beyond. Low fencing and landscaping will provide visual boundaries around the perimeter of the common areas and between the private yards. g. Parking areas and driveways do not qualify as open space. Finding: The parking areas and driveway are not included in the open space area calculations. 5. Private Outdoor Area. Each residential unit in a cottage housing development shall have a private outdoor area. Private outdoor areas shall be separate from the open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private outdoor area. Private outdoor areas may include gardening areas, patios, or porches. Finding: Each cottage unit has a 200-square foot (or more) area of useable private outdoor area. These areas will include garden areas, and porches or patios. b. No dimension of the private outdoor area shall be less than eight feet. Finding: All 200-square foot private outdoor areas do not have any dimension of less than eight feet. Received 4.20.2020 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a community building for the sole use of the cottage housing residents. Common buildings shall not be attached to cottages. Finding: Not applicable. b. Carports and Garage Structures. Consolidated carports or garage structures, provided per subsection 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. Finding: Two carports that will have solar panels that allow this project to provide a consolidated solar generating station to achieve zero net energy and according to the solar installer, this will be one of the most efficient, residential solar generating facilities in the Rogue Valley. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component of the project’s storm water low-impact development techniques including natural filtration and on-site infiltration of storm water. Finding: On-site infiltration has been proposed through an on-site catchment system that is a part of the projects storm water, low-impact development techniquesthat will be provided for thorough the Civil Engineering and Landscape design. Landscape planters and rain barrels where allowed will be provided to allow for natural filtration and on-site filtration. As designed by the Civil Engineer, the drainage is proposed to be filtered per the RVSS standards through a storm tech system and percolation rate of the soils and the storm water event studies, it has been designed that all storm water be retained and regenerated on-site. b. Low-impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. Finding: Received 4.20.2020 Landscape garden bed filtration systems, rain barrels and permeable surfaces for the walkways will be developed for the units where possible for low impact development compliance. As designed by the Civil Engineer, the drainage is proposed to be filtered per the RVSS standards and be captured, treated, detained and regenerated the property. This is the preferred method of storm water development and low tech technique to allow for infiltration. c. Cottages shall be located to maximize the infiltration of storm water runoff. In this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as reasonably possible when considering all standards in this chapter. Finding: The cottages are grouped in a manner that preserves a substantial amount of connected open space. There are four connected units, the remaining units are spaced a larger distance that required, but the parking is consolidated thus demonstrating compliance with the standards. More than 2,600 square feet in area is preserved under the guidance of the wetlands professional as potential wetland and wetland buffer preserving a larger area of undeveloped open space and native vegetation. 18.3.9.030 Performance Standards Overlay: The subject property is within of the PSO Overlay. The character of the proposed development preserves a large hillside that overlooks the Bear Creek Valley with the development of small cottage units preserving a large area of potential wetland and buffer area within a large, common open space. The new units are energy efficient, architecturally creative, and use low impact development innovations in their design and construction. The layout takes advantage of the natural features of the landscape to their greatest advantage by providing a large area of multi-functional open space. As allowed by the code, the project has been designed to take advantage of the Performance Standards concept. The property owner, David Scott Construction will be financing the project using private lending. The property is in David Scott Construction LLC ownership. A Homeowner’s Association will be created to maintain the common areas. The HOA and CC & R’s will have necessary access easement, utility easements, and maintenance agreements provided prior to recording of the plat. The development is proposed as a tax lot layout. Blanket easement for utilities, access, maintenance, utilities, etc. is proposed instead of individual easements. Following the approval of this application, the property owner will begin working with the project designer, engineer and contractors to create final utility installation engineered plans (4 – 6 months). Following utility installation, building permits for construction of the residence will be obtained (within one year). The surveyor will provide the post monument surveys (within 1 ½ - 2 years). Received 4.20.2020 18.3.9.040. A.3. Outline Plan Approval Criteria The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City. Finding: The applicant finds that all applicable ordinance requirements of the City have been met. As detailed in the written summary above, the findings on the subsequent pages and the attached site plans, exhibits and attached documents, full compliance with city standards for a cottage house development is met. b. 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. Finding: Adequate key City facilities can be provided to serve the development. In consultation with representatives of the various City of Ashland Departments (i.e. Water, Sewer, Streets and Electric Division) the proposed small cottage housing units will not cause a City facility to operate beyond capacity. The six-inch sewer line within Alicia Street and Sylvia Street right-of-way. In discussions with the sanitary sewer department, there are no reported capascity issues in the immediate vicinities. Based on the Wastewater Master Plan, eight-inch sewer lines in public rights-of-way are required in the future of new facilities. The majority of Ashland does not have eight-inch lines. The sewer lines in Oak Street are identified in the system as having present flows that are in excess of the capascity. At the wastewater treatment plant there are choke points and potential overflow points. Regardless, the proposed twelve, water efficient, small units should not cause the system in the vicinity to operate beyond its current capacities. There is a six-inch water main within Sylvia Street and a four-inch main in Alicia Street. A hydrant is present across Alicia Street from the driveway. There is adequate water pressure to provide water service to new units. There is a 10-inch storm drainage line within Sylvia Street. The project is required to employ both low impact development standards from the Cottage Housing Standards as well as the RVSS Standards for Storm Water Managements. The low impact development measures proposed such as the use of pervious walkways, rain-barrel catchment of roof drainage, the amount of storm water generated from Received 4.20.2020 the property is reduced. The proposal is to capture, detain, treat and regenerate all storm drainage on the property through the use of storm tech systems. This will allow for no impacts to the Sylvia Street storm drain facilities. Electric infrastructure is available in the vicinity. At this time, discussions regarding the capacity concerns of the property owner and the city’s system are being undertaken. With the solar panel installation, reverse metering and 1960/1970s electrical infrastructure, considerations need to be made. The property owner is the project contractor and has been in discussions with the Ashland Electric Department. An electric distribution plan has been provided. The driveway leading to the parking area is proposed to be 20-feet in width with a five-foot-wide sidewalk along the east side of the driveway. This is adequate area including back up and turn around for 14-parking spaces. The sidewalk adjacent the driveway is connected to the internal pedestrian pathway which accesses each unit and continues through the open space. c. 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. Finding: The proposal the preserves the natural features of the site. Large trees, potential wetlands are open spaces are proposed for preservation in the common open spaces. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. Finding: The properties to the north, south and west are developed with single family residences as envisioned in the Comprehensive Plan. The property due east is privately owned and physically constrained. The next adjacent property is city of Ashland park land. The development of the subject property will not prevent the adjacent properties from being developed as envisioned in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developmentsare done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. Finding: Received 4.20.2020 The proposal is for the development of tax lots with the common areas dedicated as common area. The common areas will have access easement, utility and maintenance agreements and easements. The common area landscaping and driveway maintenance will be provided for in the Homeowners Association and CC & R’s of the subdivision. These documents will be prepared by a land development attorney and Oregon Licensed Surveyor familiar with small lot subdivision development. The CC & R’s will be provided for review by the City of Ashland in conjunction with the preliminary survey plat. f. The proposed density meets the base and bonus density standards established under this chapter. Finding: The proposed density of the property is the maximum number of cottages house units allowed in the zone per the Cottage Housing Standards of the Ashland Municipal Code AMC 18.2.3.090. g. The development complies with the Street Standards. Finding: The proposed development is accessed via a private driveway that extends from the south corner of Sylvia Street and Alicia Street. These streets are not improved to city standards will only an asphalt travel lane and no curb, gutter, sidewalk or parkrow. Though the driveway separation is not met with the existing driveway curb cuts, the proposal does not alter the driveway nor place them closer together than allowed by code. Cottage housing developments are not required to provide a public street dedication when pedestrian connectivity through the site to adjacent properties is provided and adequate vehicular access is provided. The street standards also do not require interconnected streets when physical features such as topographical constraints or other natural features such as mature trees, drainage swales, wetlands, and floodplains can alter the required connection to adjacent properties (18.4.6.E.1). It can be found that the that the site’s constraints, (wetlands, and the adjacent properties wetlands and steep slopes, the city’s access management standards, and the performance standards criteria encourage using the natural features of the landscape to their greatest advantage and protects the environment from degradation. The private drive will be aesthetically pleasing and provides for more efficient land use, retaining the neighborhood character. 18.5.2.080 - Site Design Review Criteria: A.Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. Received 4.20.2020 Finding: The subject property proposed for development of the twelve-unit, thirteen lot cottage housing development. The layout, is compatible with the adjacent neighborhood development pattern, provides more open space than typical single family lots would provide. The open space is protected with HOA and CC & R regulations. The proposed cottage housing development adds a necessary housing inventory to the city of Ashland limited supply of small, single family residential units that provide ownership opportunities. The proposed development complies with the cottage housing standards and standards for the underlying zones lot coverage, setback, and density as provided in the cottage housing standards. B.Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). Finding: The proposal demonstrates compliance with the Performance standards overlay. The property has an area of potential wetland on-site. It is not on the State or Local Wetlands Inventory. A wetlands biologist has been retained (see attached letter), the area of potential wetland and the potential 20-foot buffer area has been provided on the site plan with large circles around the trees near the east property line. The proposed development and all site improvements are outside of any future protected wetland and/or wetland buffer zone. The Water Resource Protection Zone chapter seeks for an on-site assessment, the assessment was completed, and the identified “resource” is below the thresholds for state jurisdiction (less than one half acre and not part of a system). We believe it can be found that the standards of 18.3.11 have been met through the protection of the potential wetland area with buffer of substantial area of open space and not providing any development within the wetland or the buffer zone. A Conservation Area will be provided with a development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this chapter. The proposed landscape and irrigation planting plan demonstrate compliance with the Wildfire Overlay zone standards. C.Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. Finding: The proposal demonstrates compliance with the applicable Site Development Standards from 18.4 that are required with cottage housing development. Received 4.20.2020 D.City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, andadequate transportation can and will be provided to the subject property. Finding: See findings on preceding pages addressing adequate public facilities. As for transportation, there is a paved street, sidewalk from street along driveway onto the site, and connected walkways through the property. The proposed development does not require a Traffic Impact Analysis or other Transportation assessment. E.Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. Finding: None requested. 18.5.3.020Land Divisions: A. Applicability. The requirements for partitions and subdivisions apply, as follows. 1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one calendar year. The request is for a twelve unit, thirteen lot, Performance Standards Option, Cottage Housing Development with access via a private drive as permitted in AMC 18.2.3.090, 18.3.9 and 18.5.3.020.A.2. 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each having frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via a private drive are allowed under chapter 18.3.9 Performance Standards Option.) The request is for a Performance Standards Option subdivision with access via a private drive. 18.5.3.E. Future Re-Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. If the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. Received 4.20.2020 Not applicable. 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. Finding: The proposal utilizes the entire property and there are no ‘remnant’ portions of the tract. B. The development of the remainder of any adjoining land or access thereto will not be impeded. Finding: The properties to the south and west are developed with single family residences as envisioned in the Comprehensive Plan. The proposal does not impact the development of the adjacent properties. C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. Finding: To the applicant’s knowledge there are no neighborhood or district plans. There are no previous land use approvals that imposed stipulations on the subject property. D. The tract of land has not been partitioned for 12 months. Finding: The propertyhas not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). Finding: The proposal complies with the standards of the underlying zone, the development standards for Cottage Housing Development from 18.2.3.090,and the development standards from 18.3. The proposal complies with all applicable development standards found in 18.4. Received 4.20.2020 F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. Finding: The private access driveway is proposed to be 20-feet wide with a five-foot wide sidewalk along the east side and a seven foot landscape buffer along the west side, and a fire truck turn around area. The driveway accesses the 14-vehicle parking area. The layout complies with the vehicle area design. The driveway will have a 13.5-foot vertical clearance and the driveway grade is less than 15 percent. No parking is proposed in the front yard or between the building and the street. The existing driveway does not comply with driveway separation standards. This is an existing condition that will not be made more non-conforming through the proposal. The traffic generated from the proposed development will exit in a forward manner which will improve the visibility when existing the site. The site is not accessed by an alley or other shared access. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. Finding: No transitions for future development on adjacent lands is proposed. The cottage housing ordinance does not require compliance with the street design standards. H. Unpaved Streets. Finding: Both Alicia and Sylvia Street are paved. I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Finding: There is not an alley adjacent to the property. Received 4.20.2020 J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. Finding: There are no State or Federal permits necessary for the development of the property. The State of Oregon will be consulted through the wetland delineation on the site as directed by the project wetlands biologist. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. Driveways greater than 50-feet in length are required to demonstrate compliance with the width and design requirements of section 18.5.3.060 (AMC 18.4.3.080.D.1). A “flag lot” is not proposed, but development is proposed as part of a performance standards option development, therefore not all of the criteria for flag lot partitions is addressed. TREE REMOVAL 18.5.7.030. B. Tree Removal Permit. There are six-trees that are more than six-inches DBH on the subject property. There is one larger stature Pine tree on the adjacent property to the west. There is a 20-inch deciduous near the west property line. Another 14-inch deciduous tree is present further west. A 14-inch pine tree is near the west property line on the adjacent property to the west. On the west side of the property there is a 10-inch walnut, and three willows, eight-inch, ten-inch and a 36-inch DBH willow tree. The 36-inch willow tree has been evaluated by an arborist who has determined that the tree is in a hazardous condition and must be removed. The tree is within the possible wetland buffer zone. The removal of hazardous trees is exempt from the regulated activities within the Water Resource Protection Zone. The 20-inch deciduous tree near the west property line is proposed for removal due to the installation of the driveway. Tree protection fencing in the form of six-foot tall chain link fences, set in accordance with the proposed protection plan provided with the application will provide adequate protection to the sites remaining trees. Tree protection fencing in the form of six-foot tall chain link fences, set in accordance with the proposed protection plan provided with the application will provide adequate protection to the sites remaining trees. The project arborist will provide guidance. Received 4.20.2020 1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a.The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. Finding: The project arborist has determined the 30inch will tree to be a hazard. See attached report. b.The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Finding: Mitigation trees will be planted with the landscape plan installation and open space development. 2. Tree that is Not a Hazard. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. Finding: Tree #1 is a deciduous tree along the west property line. It is located in the path of the driveway access to the parking area for the cottage house development. The removal of the tree allow for the site to development consistent with the standards for Site Design Review and provisions of parking areas. b. 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. Finding: The removal of the tree will not have any impact on erosion, soil stability, flow of surface waters or protection of adjacent trees. This tree is not part of a windbreak. Received 4.20.2020 c. 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. Finding: The removal of a single deciduous tree, none of which are rare or specimen / heritage trees, will not have any impacts on the tree densities. The adjacent neighborhood has a significant number, density, tree canopy and species diversity. d. Nothing in this section shall require that the residential density to 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 of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. Finding: The residential density is not impacted by the removal of the tree. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. See below. 18.5.7.050 Mitigation Required One or more of the following shall satisfy the mitigation requirement. A.Replanting On-Site. The applicant shall plant either a minimum 1 ½-inch caliper healthy and well- branched deciduous tree or a five to six-foot tall evergreen tree for each tree removed. Finding: Many, healthy deciduous trees will be planted on site following the construction of the twelve, single family cottages. The trees are placed throughout the property. The landscape plan includes conifer trees as well. Attachments: NORTHWEST BIOLOGICAL SURVEY LETTER CANOPY TREE CARE REPORT TITLE REPORT TOPOGRAPHICAL SURVEY PROJECT SITE PLAN Received 4.20.2020 SMALL COTTAGE ELEVATIONS AND FLOOR PLAN LARGE COTTAGE ELEVATIONS AND FLOOR PLAN DUPLEX COTTAGE ELEVATION AND FLOOR PLANS CARPORT ELEVATIONS SOLAR SETBACK EVAULATIONS GRADING & DRAINAGE PLAN UTILITY PLAN EROSION CONTROL PLAN LANDSCAPE PLANS Received 4.20.2020 ESJWFXBZ TJEFXBML Nbebsb!Eftjho!Jod Mboetdbqf!Bsdijufduvsf-! Eftjho!'!Dpotvmubujpo 3::5!Xfmmt!Gbshp!Se Dfousbm!Qpjou-!Ps!:8613 652.775.8166 nbebsbeftjhoAzbipp/dpn PUBLIC COMMENTS _________________________________ PA-T2-2020-00017 210 Alicia Street APPLICANTS REBUTTAL _________________________________ PA-T2-2020-00017 210 Alicia Street ROGUE PLANNING & DEVELOPMENT SERVICES, LLC May 12, 2020 RE: 2020-00017 12-unit Cottage House Development at 210 Alicia Street Dear Planning Commissioners and Planning Division Staff, This letter is intended as a rebuttal to the public comments received for the Planning Commission May 12 Public Hearing. The proposed development complies with the standards for development of a single-family residential cottage house development in the single-family residential zone. Zoning: The subject property and the adjacent properties are zoned R-1-5. The adjacent property to the south has a conservation easement, but the zoning district, R-1-5, remains the same. Density: The proposal complies with the density standards allowed for Cottage Housing Development in the Single-Family Residential Zone. In the R-1-5 zone, the lot area is divided by 2500 to determine the number of cottage housing units. In this case the lot area is 54,722 square feet / 2500 = 21. The maximum number of cottages is 12. The proposal complies. Access Management and Driveway Construction: Adequate transportation can be provided to the nearest public street Alicia Street. Alicia Street, Sylvia Street, Oak Lawn and Sleepy Hollow are all public streets that are designated as neighborhood streets. Though not improved with curb, gutter and sidewalk there is adequate driving surface for vehicular access to the property including adequate width for emergency vehicles to get to the site. Though there are narrow driveways, in most instances when people park “on-street” they are actually parked on the gravel shoulder. The proposed driveway with 20-feet of driving width complies with the standards for access to a parking lot that has more than seven parking spaces. The driveway is wide enough to allow for two-way vehicular traffic. Additionally, the driveway is proposed as a fire apparatus access and a firetruck turn around that complies with the standards has been proposed. In the event of an emergency evacuation, the length of the driveway and the width of the driveway will not prevent residents from exiting the property. There are four public right-of-way that lead into the neighborhood and exit onto Oak Street. 1 ROGUE PLANNING & DEVELOPMENT SERVICES, LLC Traffic Impact Analysis: The proposed 12-unit, single-family residential development in the single-family residential zone does not require a Traffic Impact Analysis. According to the Public Works Department, the streets in the area generate approximately 100 vehicle trips per day. These trips are generated by 20+ single family homes that have two or more bedrooms. The impacts of the 12, smaller units willnot have a substantial negative impact on the traffic in the area. Parking: The proposed parking complies with the City Standards for number of spaces and parking lot layout and design for 12 cottages that are less than 800 SF and two units greater than 800 SF. Sanitary Sewer: The proposal was reviewed by the City of Ashland Public Works Division Staff for pre-application conference proposal and again following the application. In discussion with the Sanitary Sewer Department, by the property owner, there is not a record of complaints regarding failure of the city’s sanitary sewer main that the project proposes connection. If there were in fact documented concerns that there is not adequate capascity, those should have been raised by the Sewer Department upon inquiry by the property owner. Excavation: There has been excavation for the purposes of installation of a garden. The trenching referenced in one of the letters is to install Mole Wire and the garden perimeter fence. Broken irrigation lines transect the property. Those lines were repaired to allow for the piped irrigation water to be delivered to the end user, the adjacent property to the east. There has not been excavation occurring for the garden development in the area identified by the wetland’s biologist as possible wetland area or within the buffer area. Tree Removal: Though the large Willow tree and the large plum tree look healthy to non-arborists like me, based on the Arborist Assessment provided by Chris John, Canopy Tree Care, the Willow tree is hazardous. Mr. John said the tree should be removed immediately. Since there is a land use review on the site, the property owner has not proceeded with the emergency tree removal process. The Plum tree is nearing the end of its lifespan, the tree would also be negatively impacted by the proposed driveway construction. Thank you, Amy Amy Gunter Rogue Planning & Development Services, LLC Amygunter.planning@gmail.com 2