Loading...
HomeMy WebLinkAbout2023-03-28 Planning PACKET Planning CommissionAgenda Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so.Written testimony will be accepted for the public hearing agenda items via email to PC-public-testimony@ashland.or.us. After you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the public testimony may be limited by the Chair. March 28, 2023 STUDY SESSION AGENDA I. CALL TO ORDER: 7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street II.ANNOUNCEMENTS III.PUBLIC FORUM Note: To speak to an agenda item in person you must fill out a speaker request form at the meeting and will then be recognized by the Chair to provide your public testimony. Written testimony can be submitted in advance or in person at the meeting. If you wish to discuss an agenda item electronically, please contact PC-publictestimony@ashland.or.us by March 28, 2023 to register to participate via Zoom. If you are interested in watching the meeting via Zoom, please utilize the following link: https://zoom.us/j/98837140997 IV.DISCUSSION ITEMS A. Variances & Exceptions Discussion V.OTHER BUSINESS A. Recognition of Retiring Commissioners VI.OPEN DISCUSSION VII.ADJOURNMENT Next Meeting Date: April 11, 2023 Page 1 of 1 Total Page Number: 1 Total Page Number: 2 Memo DATE: March 28, 2023 TO:Planning Commission FROM: Derek Severson, Senior Planner RE: Discussion of Variances & Exceptions Staff have prepared the following information to facilitate further discussion of Variances and Exceptions as requested by the Planning Commission during the March 14, 2023 regular meeting. Type of Variances In the Ashland Land Use Ordinance, Variances are noted as applying where “practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of the Land Use Ordinance” may result from the strict application of certain ordinance provisions. Variances may not beused to allow a use that is not in conformity with the uses specified by this chapter for the district in which the land is located. So, for instance, a Variance could not be used to approve a commercial use in a residential zone. Generally, the magnitude of the Variance determines whether it is a “Type I” application procedure ($1,120.25 fee) subject to a staff decision or a “Type II” application procedure ($2,247.50 fee) requiring a decision by the Planning Commission through a public hearing. Total Page Number: 3 ‘Type I’ Variances where a decision by the Staff Advisor is allowed are limited to: SIGNS:Sign placement or non-conforming signs. SETBACKS: Up to a 50 percent reduction of standard yard requirements. PARKING: Parking in setback areas, up to a ten percent reduction in the number of required parking spaces, or up to a 50 percent reduction for parking requirements in the Historic District. LOT REQUIREMENTS: Up to a ten percent reduction in the required minimum lot area; up to a ten percent increase in the maximum lot coverage percentage; or up to a 20 percent reduction in lot width or lot depth requirements. OTHER:Up to ten percent variance on height, width, depth, length, or other dimensional standard not otherwise listed above. Any Variance other than those listed above requires a ‘Type II’ procedurewith a decision by the Planning Commission through a public hearing. The Variance Chapter (AMC 18.5.5) is attached as an exhibit hereto. Variances do not apply where the Land Use Ordinance specifically provides for Exceptions to development standardsin lieu of Variances (e.g., Exceptions to the Site Development and Design Standards, Solar Setback Exceptions, Exceptions to the Street Design Standards, Exceptions to the Hillside Lands Development Standards, Exceptions to the Wildfire Lands Development Standards, Hardship Exceptions for Development in Water Resource Protection Zones). During pre-application conferences, where potential Variances are identified as a component of a request, staff make clear that Variances are discretionary decisions that are generally difficult to justify and that can increase the level of uncertainty in the process. Types Exceptions Generally speaking, where Variances may apply across a broad section of standards and requirements in the Land Use Ordinance, Exceptions typically apply only to a Total Page Number: 4 specific set of development standards and have specific approval criteria based on the type of Exception. Hardship Exceptions for Development in Water Resource Protection Zones are subject to a Type II procedure with a $2,247.50 fee. Solar Setback Exceptions are subject to a Type I procedure with a $1,120.25 fee. Other Exceptions are typically treated as part of a larger request, not subject to separate fees (e.g., a Site Design Review application allows consideration of Exceptions to the Site Development and Design Standards as part of the Site Design Review request). Types of Exceptions in the Land Use Ordinance include: Hardship Exceptions for Development in Water Resource Protection Zones (Type II) Solar Setback Exception (Type I) Exceptions to the Site Development and Design Standards Exceptions to the Development Standards for Hillside Lands Exceptions to the Street Design Standards Exception to a Fire Prevention and Control Plan/Exception to General Fuel Modification Area Standards Code sections relative to each of the above Exceptions are attached as exhibits hereto. Chapters within the Land Use Ordinance will typically speak to where the requirements or standards of the chapter apply, and whether they are subject to Variance or Exception criteria. As an example, the Public Facilities Chapter (AMC 18.4.6) addresses the applicability of Exceptions and Variances as follows in AMC 18.4.6.020.B: Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5, Variances, except that deviations from section 18.4.6.040, Street Design Standards, are subject Total Page Number: 5 to subsection B.1, Exception to the Street Design Standards \[see attached\]. Total Page Number: 6 Total Page Number: 7 Total Page Number: 8 Total Page Number: 9 Total Page Number: 10 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 be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria: 1.There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2.The exception will result inequal or greater protection of the resources protected under this chapter. 3.The exception is the minimum necessary to alleviate the difficulty. 4.The exception is consistent with the stated Purpose and Intent of chapter18.3.10, Physical and Environmental Constraints Overlay, and section18.3.10.090, Development Standards for Hillside Lands.(Ord.3199§18,amended,06/15/2021; Ord.3191§18,amended,11/17/2020;Ord.3158§4,amended,09/18/2018) Total Page Number: 11 18.5.2.050.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. 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; andapproval 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; 2.There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equallyor better achieves the stated purpose of the Site Development and Design Standards; or 3.There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section18.2.3.090.(Ord.3147§9,amended, 11/21/2017) Total Page Number: 12 B.Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5, Variances, except that deviations from section 18.4.6.040, Street Design Standards, are subject to subsection B.1, Exception to the Street Design Standards, below. Exception to the Street Design Standards. 1.The approval authority may approve exceptions to the street design standards in section18.4.6.040if the circumstances in either subsectionB.1.aorb, below, are found to exist. a.There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site; and the exception is the minimum necessary to alleviate the difficulty; and the exception is consistent with the purpose, intent, and background of the street design standards in subsection18.4.6.040.A; and the exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable: i.For transit facilities and related improvements, access, wait time, and ride experience. ii.For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii.For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safely and efficiently cross roadway; or b.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 purposes, intent, and background of the street design standards in subsection18.4.6.040.A.(Ord.3204§2,amended, 12/21/2021) Total Page Number: 13 E.Exceptions to a Fire Prevention and Control Plan and General Fuel Modification Area Standards. The approval authority may approve exceptions to the Development Standards for Wildfire Lands to meet the purpose of this chapter subject to approval through a Type I procedure for the following: 1.An action prescribed by this section that includes the removal of trees designated to be retained as part of an approved planning action. 2.A change that includes the removal of native vegetation within a Water Resources Protection Zone. 3.A change in the Fire Prevention and Control Plan not specifically listed as a minor amendment under subsection18.3.10.100.D.1. 4.Tree removal on C-1, C-1-D, E-1, CM, M-1, HC, R-2, R-3, and NN-2 zoned properties subject to Tree Removal Permit requirements set forth in chapter18.5.7.(Ord.3158§1,replaced,09/18/2018) Total Page Number: 14 18.3.11.080Hardship Exceptions for Development in Water Resource Protection Zones. Hardship Exceptions shall be subject to a Type II procedure in section 18.5.1.060, and are not subject to the Variance requirements of chapter 18.5.5 Variances. An application for a Hardship Exception may be approved if the proposal meets all of the following criteria. A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot not buildable. B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. C. The applicant has explored all other reasonable options available under this chapter and other applicable provisions of this ordinance to relieve the hardship. D. Adverse impacts on the structures, functions, or values of the resource including water quality, erosion, or slope stability that would result from approval of the exception have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and requirements in section18.3.11.110Mitigation Requirements. E. Long term conservation, management, and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection18.3.11.110.C, except a management plan is not required for residentially zoned lots occupied only by asingle-family dwelling and accessory structures. Total Page Number: 15 18.4.8.020.C.\[SOLAR ACCESS\] Exceptions and Variances. Requests to depart from section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1, Solar Setback Exception, below. Deviations from the standards in section 18.4.8.050, Solar Orientation Standards, are subject to subsection 18.5.2.050.E, Exception to the Site Development and Design Standards. Solar Setback Exception. 1.The approval authority through a Type I review pursuant to section18.5.1.050may approve exceptions to the standards in18.4.8.030, Solar Setbacks, if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a.That the owner or owners of all property to be shaded sign, and record with the by the City containing all of the following information: i.The signatures of all owners or registered leaseholders holding an interest in the property in question. ii.A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii.A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv.A description and drawing of the shading which would occur. b.The approval authority finds all of the following criteria are met. i.The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii.The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii.There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere.(Ord.3147§8,amended,11/21/2017) Total Page Number: 16