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.
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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
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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.
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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
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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
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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
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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
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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
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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
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24
25
26
27
28
29
30
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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
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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.
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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
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26
27
28
29
30
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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.
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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
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16
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22
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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
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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
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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
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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
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Figure 18.4.3.090.B.3.a
22
Pedestrian Access and Circulation
23
24
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30
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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
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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.
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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
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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,
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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
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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
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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.
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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.
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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
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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
.
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13
14
_______________________________
Melissa Huhtala, City Recorder
15
16
SIGNED and APPROVED this day of ____________, 2020.
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18
________________________
19
John Stromberg, Mayor
20
Reviewed as to form:
21
22
______________________________
23
David H. Lohman, City Attorney
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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
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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
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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
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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
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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
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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-
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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
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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
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(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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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