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Home My WebLink About2021-02-23 Planning PACKET NOTE: The Public Hearing & Record have been closed for this item. Tonight's meeting will be limited to Planning Commission deliberation and decision. 1 *Public Hearing and Record are closed* Tonight’s meeting will be limited to Deliberations and Decision. 2 Memo DATE: February 16, 2021 TO: Planning Commission FROM: Derek Severson, Senior Planner RE: Open Record Information from Staff for PA-T2-2020-00025 Tax Lot #600, Independent Way During the February 9, 2021 hearing for PA-T2-2020-00025,Planning Commissioner discussion raised the question of whether eight parking spaces identified on the west side of the westernmost driveway to serve the Independent Printing Company(IPCO) on the adjacent property to the west were in fact necessary, or if they could be removed from the mix to allow modifications to the site plan to change building placement and allow the applicant to provide the required landscape buffer behind the sidewalk. In reviewing planning files, Planning Action#2005-01496 was approved in November of 2005 to allow a 9,500 square foot warehouse/print shop addition. The record for that action notes that 45 spaces were proposed to be providedto satisfy the off-street parking requirements. As approvedin 2005,15of the proposed parking spaces were on the west side of the driveway in question. Parking ratios for office, warehouse and industrial have all changed in the interim, and considering the building area approved in 2005 in light of the current parking ratios, 36 parking spaces are required based on current ratios. SPACE PER PA SQ FT CURRENT RATIO APPLICANTS STAFF CALCULATED #2005-01496 (2021) CALCULATED (2005) (2021) hŅŅźĭĻ {ƦğĭĻ Λ9ΜЊБЉЉ ЎЉЉ Ў͵ЊЍ Ќ͵Џ tƩźƓƷ {ŷƚƦ Λ9Μ ЊЌБЏА ЊЉЉЉ ЊВ͵БЊ ЊЌ͵БА ğƩĻŷƚǒƭĻ ЊΛ9Μ ЍЉЉЉ ЊЉЉЉ Ѝ Ѝ ğƩĻŷƚǒƭĻ Ћ Λ9Μ ЊБАЎ ЊЉЉЉ Њ͵БАЎ Њ͵БАЎ ğƩĻŷƚǒƭĻ Ќ Λ9Μ ЋАБЉ ЊЉЉЉ Ћ͵АБ Ћ͵АБ b9 ğƩĻŷƚǒƭĻ АЋЎЉ ЊЉЉЉ А͵ЋЎ А͵ЋЎ b9 tƩźƓƷ {ŷƚƦ ЋЋЎЉ ЊЉЉЉ Ќ͵ЋЊ Ћ͵ЋЎ TOTAL 33822 PARKING sq. ft. 44.065 spaces 35.625 spaces In visiting the site, there are 43 spaces in place where only 36 are required under current parking ratios. With seven extra spaces currently in place, eight of the 15 spaces in place along the west side of the driveway are necessary to address the currentparking requirement for the IPCO building. This is consistent with the application materials which identify eight of the 15 spaces along the driveway as being necessary to meet the parking demand for IPCO. Attachment: 3 4 5 Exception to the Site Design Standards: AMC 18.5.2.050.E. 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; According to the purpose and intent of the Site Design Standards, strict adherence to the standards in areas that are visible from highly traveled arterial streets and that are in the Historic District are held to a higher development standard than projects that are in manufacturing and industrial areas. The proposal seeks to reduce the landscape buffer between the building and sidewalk from ten feet to three feet. This is due to the city’s negotiations with the property owners and their understanding of the ten-foot buffer required between the building and the street, additionally, the reduced landscape buffer along the façade of the building equally achieves the stated purpose which is to promote high quality, commercial frontage. The proposal achieves a ten- foot buffer incorporating the area behind the curb, between the building and the street. There is a seven-foot parkrow and three additional feet of landscape area. The graphic below from the Ashland municipal code showing a conceptual, basic site reviewed, employment zoned site (evidenced by RR tracks), there is no landscape buffer between the building and the street and truck traffic loading is shown as the prominent use of the site, like the subject property. 6 Specific to building orientation and design, the proposed structure without a 10-foot landscape buffer, but with a three-foot buffer (materials presented at February 9, 2021 Planning Commission Hearing), allows for the continued development of a business environment that is safe and comfortable. The layout allows for parking at the rear of the proposed buildings, and wide drive aisles that allow for fire apparatus access and two-way vehicle travel. Along the street, the proposed layout allows for natural surveillance of public spaces, or “eyes on the street”. The reduced landscape area decreases potable water consumption on landscape irrigation to support resource conservation. The proposed development provides a large scale, employment zoned, commercial warehousing space that continues an existing development pattern and fosters a safe and comfortable business environment. The reduced landscape buffer between the building and the sidewalk will not detract from the ability of citizens to walk or cycle to the businesses. The reduced landscape buffer width does not dimmish that the proposed building and site layout is a high-quality development of in demand warehouse spaces. Though a three-foot landscape buffer is not a wide area, there is adequate width for vegetation. The landscape area is on the north side of the structure and will be shaded from the most intense heat of the day. As with all of the landscape areas on the IPCO Development Corporation owned properties the landscaping will be maintained in a good, weed free, irrigated condition to promote plant growth. Parking and Easement Discussion: There are eight spaces on the site plan in the parking area to the east of TL 600 that are for IPCO Service Building #1. There are numerous cross access easements and shared parking agreements on the properties owned in common by the IPCO Development Corporation. When Independent Way was dedicated, tax lots owned by the IPCO Development Corp were split by the right-of-way. There are large private and public utilities on the properties as well that have cross easement for access and use. Following the development of proposed structures, property line adjustments will be made to adjust property lines and all easements, including but not limited to parking, access, maintenance, and utility, will be addressed and recorded with the revised legal descriptions. 7 February 15, 2021 City of Ashland Planning Commission 20 East Main Street Ashland, OR 97520 Dear Commissioners: The property owners have been the owners of the IPCO properties since 1967 with a long established, large acre Employment zoned property. Over the years the Brombacher’s vision of the property as a service center for high-quality, business tenant locations with excellent freeway access and site access for trucks. In 2012 when the city of Ashland approached the property owners to purchase the land area for Independent Way, of the negotiations were for not only the purchase of the future right-of-way but the riparian buffer area enhancement requirements. It was in those negotiations that the landscape area credits were determined because the roadway improvements proposed by the city kept getting wider and wider. Though today, the city does not stand behind those negotiations, the property owners want the record to be clear the property owners were ledto believe the city was negotiating in good faith and that the city would work with the property owners towards the creation of a master plan, and on the future site development. The Brombacher’s do not believe that has been the case and, now that Independent Way is installed, the city is unwilling togrant an exception to the landscape buffer. The proposed non-residential structures along a public street that offers no on-street parking thus limiting customer traffic from public sidewalk will provide a positive contribution to the streetscape while completing a multi-generational, multi-decadeof development and establishment of a commercial / employment center development. The landscape buffer primary function is to improve the project’s appearance, enhance the City’s streetscape, lessen the visual and climatic impact of parking areas, and to screen adjacent residential uses from the adverse impacts which commercial uses may cause. There are no residential uses in the area and the development of the site with a three-foot buffer vs. a ten-foot buffer causes no undue harm and that even with a reduced buffer, the proposal results in a high- quality development that makes a positive contribution to the streetscape. On behalf of the Brombacher Family, Amy Gunter CC. Trina Sanford Kurt Brombacher Zach Brombacher 8 9 Memo DATE: February 23, 2021 TO: Ashland Planning Commission FROM:Maria Harris,Planning Manager RE: Draft duplex code amendments Summary This is discussion item for the Planning Commission to review the draft duplex code amendments to address the State of Oregon Middle Housing Requirements from House Bill (HB) 2001. Background In the 2019 legislative session, the Oregon State Legislature passed HB 2001 which requires “medium” cities such as Ashland to amend codes to allow duplexes on residentially zoned lots that allow the development of detached single-family homes. HB 2001 requires medium cities to develop and adopt standards in compliance with the state requirements by June 30, 2021. HB 2001 allowscities to regulate the siting and design of duplexes as long as the regulations do not, individually or cumulatively, deter the development of duplexes through unreasonable cost and delay. The administrative rules, OAR Chapter 60 Division 46 Middle Housing, implement HB 2001 and clarify that siting and design standards that create unreasonable cost and delay include any standards applied to duplex development that are more restrictive than those that are appliedto detached single-family dwellings in the same zone. More information about the state law and administrative rules that apply to cities such as Ashland is included in the October 13, 2020andDecember 22, 2020 Planning Commission packets. The new state law and administrative rules prescribe the approval process and siting and design standards for the duplexes. Duplexes must be allowed as a permitted use on residentially zoned lots where detached single-family dwellings are permitted. In summary, the approval process and standards used for duplexes, such as historic district review and dimensional requirements (i.e., minimum lot size, density, height, setback and lot coverage), must be the same as applied to the construction of a detached single-family home. In Ashland, single-family homes are a permitted use and in most cases simply require a building permit. Theexceptions are planning approvals required for exceeding the maximum permitted house size (MPFA) in the historic districts, exceptions for the solar setback, variances to dimensional, parking and access requirements, tree removal permits, and permits for construction in natural hazard and resource areas such as hillside lands (25 percent slope and greater), floodplains, riparian areas and wetlands. 10 The dimensional requirements such as lot coverage, height and setbacks are determined by the zoning of a property and are the same for one unit or two units. As a result, whether a property owner elects to build a single-family home, a single-family home and a detached second unit, or two attached units, the building or buildings can cover the same amount of the lot that is allowed by the zone (i.e., lot coverage), have to be the same height, must meet standard setbacks and the solar setback, and are allowed the same volume of building. Draft Duplex Code Amendments The attached draft duplex code amendments are based on the Planning Commission discussion and staff recommendation from the December 22, 2020 study session meeting. This includes defining a duplex as two units on a lot in any configuration(i.e., attached or detached) and keeping the design standards for single-family dwelling in Ashland Municipal Code (AMC) 18.2.5.090 in the current form. The main changes in the draft duplex code amendments are: 1) a second unit is permitted on any residentially zoned lot where a detached single-family residence is allowed, 2) two units on one lot in any configuration is defined as a duplex and 3) the accessory residential unit (ARU) as a dwelling type becomes a duplex unit. two The revised definition of duplex in the draft code amendments is from the state model code andis “ units on one lot in any configuration including either in attached or detached structures. ” Cities have the option under state law of defining a duplex as two attached dwelling units on one lot, or as two units on a lot in any configuration (i.e., attached and detached). Accessory residential units (ARUs) are deleted as a use in the draft duplex code amendments because duplexes replace ARUs by providing the option to do a second unit in any configuration on residentially zoned lots. Currently, accessory residential units (ARUs) are permitted as second units in most of the residential zones as special permitted uses with square footage limitationsand in some cases, planning approval process requirements. The draft duplex code amendments delete ARUs as a permitted use, the special use standards for ARUs including square footage limitations, and the planning approval process requirements. In addition, language is added specifying that previously approved ARUs are considered duplex units from the date of the adopted ordinance forward and therefore, previously approved ARUs are subject to the duplex requirements. The primary changes in the draft duplex code amendments include the following sections in the attached ordinance. Section 2: AMC 18.2.2.030 Allowed Uses – Duplexes become permitted with special use standards in 18.2.3.110 in all of the residential zones. Accessory residential units (ARUs) are deleted as a use because duplexes replace ARUs by providing the option to do a second unit in any configuration on residentially zoned lots. Section 3: AMC 18.2.2.040 Accessory Residential Unit – Standards for ARUs are deleted. In addition, language is added which specifies that ARUs approved prior to adoption of the duplex code amendments are now considered duplex units and therefore subject to the requirements/allowances for duplexes. 11 Section 4: AMC 18.2.3.090 Cottage Housing –Clarification added that allows duplexes in cottage housing development if the development is at or below the maximum cottage housing density established in the section. Section 5: AMC 18.2.3.110 Duplex – The duplex standards are revised to address the requirements in state law. Section 6: AMC 18.2.5.080 Residential Density Calculation in R-2 and R-3 Zones – Clarification added that duplex can be developed on any size R-2 and R-3 lot. Also, the lot size standards adjusted for two and three units – see notes in attached draft duplex code amendments. Section 7: AMC 18. 18.2.5.090 Standards for Single-family Dwellings and Duplexes –Duplexes added to meet the existing standards. Section 8: AMC 18.4.3.040 Parking Ratios – Duplex parking standard of two spaces is added to the table. State law specifies that the maximum parking that can be required for a duplex is two spaces. Also, the ARU parking standard is deleted. Section 9: AMC 18.5.2.020 Applicability – The thresholds for Site Design Review for residential development are amended for three or more dwelling units. Duplexes cannot be required to have Site Design Review because detached single-family homes are not required to have Site Design Review – state law specifies that any standards applied to duplex development cannot be more restrictive than those that are applied to detached single-family dwellings in the same zone. Also, duplexes are added to the list of development that are exempt from Site Design Review. Section 10: AMC 18.6.1.030 Definitions – The definition of duplex is revised to two units on one lot in any configuration. The ARU definition cross references duplex status and requirements. A definition of cottage is added to the different type of dwellings. The draft duplex code amendments document for the next Planning Commission study session will be significantly longer than the attached draft because the subsequent draft will include a variety of edits to standards and terminology for consistency with the new duplex provisions. Lands for Residential Use Aclarification was requested at the December 22, 2020 Planning Commission study session regarding whether land zoned for residential use is defined in the state law and whether the provisions for duplexes are required in commercial and employment lands that allow residential units as part of mixed-use development. The applicable ORS and OAR specify that the duplex requirements do not apply to land that is not zoned for residential use and isprimarily for commercial industrial, agriculture or public uses. The ORS also defines “zoned for residential use.” See the ORS and OAR excerpts below. ORS 197.758Development of middle housing; local regulations. (4) This section does not apply to: (a) Cities with a population of 1,000 or fewer; (b) Lands not within an urban growth boundary; (c) Lands that are not incorporated and also lack sufficient urban services, as defined in ORS 195.065; (d) Lands that are not zoned for residential use, including lands zoned primarily for commercial, industrial, agricultural or public uses;or 12 (e) Lands that are not incorporated and are zoned under an interim zoning designation that maintains the land’s potential for planned urban development. OAR 660-046-0010Applicability 2) Notwithstanding section (1), a local government need not comply with this division for: (a) Lands that are not zoned for residential use, including but not limited to lands zoned primarily for commercial, industrial, agricultural, or public uses; (b) Residentially zoned lands that do not allow for the development of a detached single-family home; or (c) Lands that are not incorporated and that are zoned under an interim zoning designation that maintains the land’s potential for planned urban development. OAR 660-046-0020 Definitions (9) “Zoned for residential use” means a zoning district in which residential dwellings are the primary use and which implements a residential comprehensive plan map designation. Next Steps The tentative schedule includes: 1) a roundtable meeting with the development community to review the draft amendments in March 2021, 2) advisory commission meetings in March and April 2021, 3) a review of a final draft of the duplex code amendments at the April 27, 2021 Planning Commission study session, and 3) a public hearing and recommendation at the Planning Commission in May 2021. HB 2001 requires medium cities such as Ashland to develop and adopt standards in compliance with the state requirements by June 30, 2021. The duplex code amendments are scheduled for a public hearing and first reading at the City Council on June 1, 2021 and second reading on June 14, 2021. 13 ORDINANCE NO. ANORDINANCEAMENDING CHAPTERS ###OFTHEASHLAND LANDUSEORDINANCETOAMENDTHE ALLOWANCES AND REQUIREMENTSFORDUPLEXES Annotated to show deletions and additionsto the Ashland Municipal Code sections being bold lined throughbold underlined. modified. Deletions are , and additions are WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the CityThe City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referencedgrant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass’n of Firefighters, Local 1660, Beaverton Shop20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS , the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Land Use Ordinance at a duly advertised public hearings on (date),and following deliberations, recommended approval of the amendments by a vote of (#-#);and WHEREAS , the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on (date); and WHEREAS , the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and 14 WHEREAS , the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the Ashland Comprehensive Plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code Title 18 Land Useis hereby amendedas follows. SECTION 2. Section 18.2.2.030 \[AllowedUses – BaseZonesandAllowedUses\] of the Ashland LandUse Ordinance isherebyamendedtoreadasfollows: 18.2.2.030Allowed 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. Where Table 18.2.2.030 does not list a specific use and chapter 18.6does 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. B.Permitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as “Permitted (P)” are allowed. Uses listedas “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3Special 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. C.Conditional Uses.Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of chapter 18.5.4. D.Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in18-1.6.080,18-1.6.090, and18-1.6.100. E.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, 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 in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City’s overlays zones, refer to part 18.3. F.Accessory Uses. Uses identified as “Permitted (P)” are permitted as primaryuses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part18.6Definitions. G.Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development 15 standards and building code requirements are met. H.Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1.Short-Term Events. The Staff Advisor may approve through Ministerial review short-term 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 occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 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 accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3.Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the 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- month period beginning at the first date of issuance, except with approval of the Staff Advisor. I.Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. 16 17 swine, commercial compost, or similar Dwellings and additions in Historic 18.2.3.120 Family standards in Sec. Animal sales, feed yards, keeping of 1 1 18.2.3.120C- C- Historic See General Industrial, Marijuana dwellings in for dwellings in Sec. 18.2.3.090 Cottage HousingDwelling KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. District Overlay, see Sec. and Sec. District Overlay, see Sec. Dwellings and additions in Special Use Standards Sec. 18.2.3.110 Duplex r 1 zone 1 zone fo uses not allowed 18.2.3.04018.2.3.130 18.2.3.16018.2.3.19018.2.3.130 18.2.5.070 18.2.5.070 18.5.2.020.C.2 - - - zone and E zone and E See Single Production 18.2.5.090 Sec. Sec. Sec. Sec. Sec. and and M-1 N N N N N N N N S E-1 N N N N N N SSS C-1-D N N N N N N 1 & SSS - C NS N N WR PSSSSP NS N P or RR PSSSSPS R-3 N N PS PSSSPS R-2 N N PS PSSSPS N N 3.5 1-P or PS - PSSSPS R R-1 P or PSSSSPSSS Uses Allowed by Zone Livestock, Homegrown Dwelling Marijuana Cultivation, and Marijuana except Keeping of Bees, Marijuana Cultivation, Homegrown Accessory Residential Unit family Livestock 1 - A. Agricultural Uses le - – Keeping of LivestockB. Residential Uses 18.2.2.030 Livestock and Micro Sing - eping of Micro Cottage HousingDwelling Keeping of Bees Family Agriculture, oduction - Duplex Single Table PrKe 1 18 Subject to State licensing requirementsSubject to State licensing requirements Family Child Care Home exempt from 1 -18.2.3.120 and not allowed in Historic 1 zone and E Airport Overlay Dwellings in Transit Triangle (TT) Sec. 18.2.3.090 Cottage Housing Health Care KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. overlay, see chapter 18.3.14 Dwellings and additions in District Overlay, see Sec. Special Use Standards Historic District Overlay - for C 18.3.318.3.7 18.2.3.17018.2.3.18018.2.3.13018.2.3.20018.2.3.150 18.2.5.070 See chapter See chapter Services Sec. Sec. Sec. Sec. Sec. and zone M-1 N N N N N N N N N N N P E-1 N N N N N N N N N SSP C-1-D N N N N N N N N N 1 & SSP - C N N N N N N N WR CUCUCU SP N N N N N N RRCUCUCUCU SP R-3 N N N CU SPSSPPP CU R-2 CU+ N N CUCU SSPSSPPP N N N 3.5 1- CUCU - SSPSPPP R R-1 N N N N N CUCUCU SSSP Uses Allowed by Zone - For Nursing Homes, Convalescent Homes Manufactured Home on Individual Lot Manufactured Housing Development Cemetery, Mausoleum, Columbarium Rental Dwelling Unit Conversion to D. Public and Institutional Uses Room and Boarding Facility Residential Care Facility Residential Care Home 2 – B. Residential Uses 18.2.2.030 Multifamily Dwelling Purchase HousingChild Care Facility C. Group Living Home Occupation Cottage Housing (continued) Airport Table 2 19 planning application procedure pursuant Subject to State licensing requirements yard, and structures such as public for Yards not allowed in the RR, WR, Includes public service building, 18.6 Health Care Not allowed within 200 ft of a equired; N = Not Allowed. to ORS 329A.440, see part Special Use Standards 18.3.3 residential zone works yards See chapter definition Services M-1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit R N N N N N CUCU PPPPPP E-1 N N N N N CUCUCUCU PPPP C-1-D N N N N N N 1 & CUCU PPPPP - C N N N N N N WR CUCUCUCUCUCU P N N N N RRCUCUCUCUCUCUCU PP R-3 N N N N N N N CUCUCUCU PP R-2 N N N N N N N CUCUCUCU PP CU N N N N N 3.5 1- CUCUCUCUCU - PP R R-1 N N N N N CUCUCUCUCUCU PP Uses Allowed by Zone eserves, athletic fields, courts, swim pools, Facility, including playgrounds, trails, nature School, Private College/Trade/Technical Religious Institution, Houses of Worship Governmental Offices and Emergency Services (e.g., Police, Fire); excluding Utility and Service Building, Yard and School, Private (Kindergarten and up) Park, Open Space, and Recreational School, Public (Kindergarten and up) Public, Club Lodge, Fraternal Organization c and Institutional Uses excluding electrical substations - ructure, Public and Quasi Mortuary, Crematorium Public Parking Facility – Electrical Substation 18.2.2.030 Recycling Depot Outdoor Storage and similar uses 3 (continued) Hospitals D. Publi School Table St pr 3 20 1 zone, fuel sales and service is a permitted use if 200 feet or more from 1 zone, auto and truck repair is a conditional use in locations outside of ; 18.3.8 Not allowed within Historic District permitted use provided within the residential zones; fuel sales and Freeway Overlay, see chapter service requires CU permit Special Use Standards Freeway Overlay 18.2.3.05018.2.3.22018.2.3.080 1 zone 18.4.10 - Overlay and C Sec. Sec. Sec. Sec. - E- In C In M-1 N N P or CU PPPPP S or E-1 N N P or CUCUCUCU PS S or C-1-D N N 1 & P or CUCUCU PPS - C N N N N N N WR CUCU N N N N N N RRCUCU R-3 N N N N N N CU+ CU S R-2 N N N N N N CU+ CU S N N N N N N 3.5 1- CUCU - R R-1 N N N N N N CUCU Uses Allowed by Zone Amusement/Entertainment, includes theater, club, golf course, swimming club, and tennis repair for automobiles, motorcycles, aircraft, driving range, race track, or amusement park Commercial Laundry, Cleaning, and Dyeing includes fueling station, car wash, tire sales and repair/replacement, painting, and other Accessory Travelers’ Accommodation (See Automotive and Truck Repair, or Service; concert hall, bowling alley, miniature golf, Commercial Recreation, includes country uses such as Automotive Sales and Rental includes Bakery, except as classified as Food motorcycles, boats, RVs, and trucks Wireless Communication Facility also Travelers’ Accommodation) up uses club; excluding intensive - boats, RVs, trucks, etc. arcade; excluding drive E. Commercial Uses – 18.2.2.030 Establishment Processing Table 21 Commission may approve a permanent 1 zone, Retail limited to 20,000 sq review for at least the first three years, for retail uses allowed Up uses are iyou BlvdRetail Uses Allowed and professional services, except see ft of gross leasable floor space per lot. Not allowed within the Historic District 200 feet or more from any residential , marijuana retail sonal zones and located on a boulevard or 1 zone, requires annual Type I limited to area east of Ashland St at 1 zone, uses limited to serving facility through the Type II procedure No animals kept outside within 200 1 - 1 and E 2 zone, uses limited to per D - intersection of Ashland St/Sisk after which time the Planning 1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. - - See Marijuana Retail Sales in Railroad Historic Districtin Railroad Historic DistrictOverlay unless located in C . , Drive - 18.2.3.190 feet of a residential zone sales are limited to the C Special Use Standardspersons working in zone 18.2.3.10018.2.3.190 for 18.2.3.21018.2.2.210 zone, see Sec Per Sec. Per Sec. - Sec. - - - Sec. *In C In M In RIn E M-1 N N N CU SPPP or E-1 N N N CUCUCUCU SS S S or C-1-D CU* N N 1 & CUCU PSSS - C N N N N N N N N N WR N N N N N N N N N RR R-3 N N N N N N N CUCU R-2 CU+ N N N N N N CUCU S N N N N N N N N 3.5 1- CU - R R-1 N N N N N N N N N Uses Allowed by Zone Lumber Yard and Similar Sales of Building Marijuana Retail Sales, includes sale of Commercial Retail Sales and Services, Limited Retail Uses in Railroad Historic except Outdoor Sales and ServicesKennel (See also Veterinary Clinic) medical and recreational marijuana 4 or Contracting Supplies, or Heavy (continued) E. Commercial Uses – 18.2.2.030 Up Use Nightclub, Bar Hotel/Motel Equipment District Hostel - Table Drive 4 22 assembly of items sold is a permitted use, provided such manufacturing or 1 zone, uses within 200 feet 18.2.3.140 assembly occupies 600 square feet 1 zone, manufacture or of a residential zone require CU or less, and is contiguous to the = Not Allowed. 1 zone, See Sec. Special Use Standards permitted retail outlet 18.2.3.22018.2.3.070 - -- KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N In the EIn the CIn the E permit Sec. Sec. M-1 N N CUCU PPPPPP N E-1 S or N N N N CUCUCUCU PPS C-1-D N N N N N N N 1 & CU PPS - C N N N N N N N N N N N WR CU+ N N N N N N N N N N RR S R-3 N N N N N N N N CU+ CUCU S R-2 N N N N N N N N CU+ CUCU S N N N N N N N N N N N 3.5 1- - R R-1 N N N N N N N N N N N Uses Allowed by Zone Cabinet, Carpentry, and Machine Shop, and including canning, bottling, freezing, drying, Plant Nursery, Wholesale, except Marijuana Sand, Gravel, Stone, Loam, Dirty or Other ciated with an allowed use Commercial Excavation and Removal of - Service Storage, Commercial (Mini and similar processing and preserving. mmodation) Traveler’s Accommodation (See also F. Industrial and Employment UsesManufacture/Processing/Preserving, Dwelling for a caretaker or watchman Outdoor Storage of Commodities or related Sales, Services, and Repairs 5 (continued) Concrete or Asphalt Batch Plant Accessory Travelers’ Acco E. Commercial Uses – 18.2.2.030 Veterinary Clinic Equipment asso Food Products Earth Products Warehouse) Production Office Table - Self 5 23 assembly of items sold in a permitted use, provided such manufacturing or production are subject to the special assembly occupies 600 square feet previously prepared materials such Deliveries and shipments limited to Requires assembly, fabricating, or subject to the special as cloth, plastic, paper, cotton, or 1 zones, marijuana 1 zones, marijuana 1 zone, manufacture or 18.2.3.190or less, and is contiguous to the 18.2.3.190 within 200 feet of a laboratory, processing, and packaging of products from See Marijuana Cultivation, KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Special Use Standardsuse standards in Sec. use standards in Sec. permitted retail outlet residential zone -- wholesale is 1 and M1 and M Homegrown - 9PM In the C wood - -- n EIn E 7AM I P or M-1 CU SPPPS P or E-1 N CU SPPS C-1-D N N N N 1 & CU S - C N N N N N N WR N N N N N N RR R-3 N N N N N N R-2 N N N N N N N N N N N N 3.5 1- - R R-1 N N N N N N Uses Allowed by Zone Wholesale Storage and Distribution, includes nning Manufacture, General, includes Marijuana Equipment associated with an allowed use Television and Radio Broadcasting Studio Laboratory, Processing, and Production F. Industrial and Employment Uses Manufacture, Light; excluding saw, pla Wrecking, Demolition, and Junk Yards Outdoor Storage of Commodities or or lumber mills, or molding plants. – Marijuana Wholesale 18.2.2.030 6 (continued) Table 6 24 November 1 to January 1 CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H Special Use Standards Allowed from M-1 N E-1 N C-1-D 1 & P - C N WR N RR R-3 N R-2 N N 3.5 1- - R R-1 N Uses Allowed by Zone Temporary Tree Sales – 18.2.2.030 Temporary Use G. Other Uses Table SECTION 3. Section 18.2.3.040 \[AccessoryResidentialUnit – SpecialUseStandards\] of the Ashland LandUse Ordinanceisherebydeletedasfollows: 18.2.3.040AccessoryResidentialUnit AccessoryresidentialunitsaresubjecttoSiteDesignReviewunderchapter18.5.2, exceptasexemptedinsubsection18.2.3.040.A,below. Accessoryresidentialunits approvedandconstructedpriorto(dateofordinance)(Ord.#)areconsidered duplexesandmaybemaintainedandalteredinaccordancewithsection18.2.3.110 Duplex. A.Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements. 1.The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM zones. Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 2.The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040.B, C, E and F, below, except as otherwise exempted in subsection 18.2.3.040.A. 3.The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). 4.The accessory residential unit is attached to the primary residence or within anexisting primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 5 The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from therequirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1. 6.Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property. Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units in section 18.4.3.080. B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements. 25 1.One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2.Accessory residential units are not subject to the density or minimum lot area requirements of the zone. 3.The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. 4.The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5.Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D andpaving requirements in subsection 18.4.3.080.E.1. C.RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory residential units in the RR zone shall meet the following requirements. 1.No on-street parking credits shall be allowed for accessory residential units. 2.If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3.040.B, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. E.NN Zones. Accessory residential units in the Normal Neighborhood District under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B. F.NMZones.AccessoryresidentialunitsintheNorthMountainNeighborhoodNM zonesunderchapter18.3.5shallmeetthestandardsinsubsection18.2.3.040.B, exceptthatthemaximumgrosshabitablefloorarea(GHFA)oftheaccessory residentialunit mustnotexceed750squarefeetGHFAandthatsecondstory accessoryresidentialunitsconstructedabove a detachedaccessorybuilding mustnotexceed500squarefeetGHFA. SECTION 4. Section18.2.3.090 \[Cottage Housing – SpecialUse Standards\] of the AshlandLandUse Ordinance isherebyamendedtoreadasfollows: 18.2.3.090CottageHousing A.Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site planning and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of small detached single- family dwellings for a population diverse in age, income, and household size. Where 26 cottage housing developments are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following requirements. 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 Development and Design Standards. C.Development Standards. Cottage housing developments shall meet all of the following requirements. 1.CottageHousingDevelopmentDensity. CottageHousingDensitythe permittednumberofunitsandminimumlotareasshallbeasfollows. a.Themaximumpermittednumberofcottagesand DensityCalculation. minimumlotareasforcottagehousingdevelopments allowedunderthis sectionisprovidedinTable18.2.3.090.C.1.a.Cottagehousing developmentsarenoteligiblefordensitybonusespursuanttosubsection 18.3.9.050.B. Table 18.2.3.090.C.1.aCottage Housing Development Density Minimum Maximum number of number of Minimum lot sizeMaximum Maximum cottages per cottages per (accommodates Floor Area ZonesCottage cottage cottage minimum number Ratio Density housing housing of cottages)(FAR) developmentdevelopment 1 cottage R-1-5, dwelling unit per NN-1-5 3 127,500 sq.ft.0.35 2,500 square NM-R-1-5 feet of lot area 1 cottage R-1-7.5dwelling unit per 3 1211,250 sq.ft.0.35 NM-R-1-7.53,750 square feet of lot area b. Duplexesarepermitted in a cottagehousingdevelopmentifthe Duplexes. totalnumberofdwellingsinthedevelopmentisatorbelowthemaximum cottagehousingdevelopmentdensityinsubsection18.2.3.090.C.1.a, above. 2. Building and Site Design. a.The combined gross floor area of all cottages and Maximum Floor Area Ratio. 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. bThe maximum gross habitable floor area for 75 percent . Maximum Floor Area. 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. 27 cBuilding height of all structures shall not exceed 18 feet. The ridge of a . Height. pitched roof may extend up to 25 feet above grade. dLot coverage shall meet the requirements of the underlying zone . Lot Coverage. outlined in Table 18.2.5.030.A. e.A cottage development may include two-unit attached, as Building Separation. 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. f.Notwithstanding the provisions of section 18.4.4.060, fence height is Fences. limited to four feet on interior areas adjacent to common open space except as allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and sideyards 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.Except for those street connections identified on the Public Street Dedications. 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 standardsby providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. b.. Driveway and parking areas shall meet the Driveways and parking areas vehicle area design standards of section 18.4.3. iParking 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.Common Open Space.Common open space shall meet all of the following standards. a.A minimum of 20 percent of the total lot area is required as common open space. 28 b.Common 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 common open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum common 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 common open space requirement. e.At least 50 percent of the cottage units shall abut a common open space. f.The common open space shall be distinguished from theprivate open spaces 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 common open space. Figure 18.2.3.090 Cottage Housing Conceptual Site Plans 29 5.Private Open Space.Each residential unit in a cottage housing development shall have a private open space. Private open space shall be separate from the common 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 open space. Private open space may include gardening areas, patios, or porches. b.No dimension of the private open space shall be less than 8 feet. 6.Common Buildings,andExisting Nonconforming Structures and Accessory Residential Units. a.Up to 25 percent of the required common open space, but Common Buildings. 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. Consolidated carports or garage structures, Carports and garage structures. provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. c. An existing single-family residential structure Nonconforming Dwelling Units. built prior to December 21, 2017 (Ord. 3147), 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 nonconforming dwelling’s habitable floor area in excess of 1,000 square feet shall not be included in the maximum floor area ratio. d.New accessory residential units (ARUs)are Accessory Residential Units. not permitted in cottage housing developments, except that an existing ARUthat 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 of the project’s storm water low impact development techniques including natural 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 30 native vegetation asreasonably 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. SECTION 5. Section 18.2.3.110 \[Duplex Dwelling Standards – SpecialUse Standards\] of the Ashland LandUse Ordinance isherebyamendedtoreadasfollows: 18.2.3.110DuplexDwellingStandards Duplex dwellings are allowed on corner lots within the R-1 zones in developments using the Performance Standards Option under chapter 18.3.9. Duplexes are permitted outright with an approved building permit provided the duplexmeets all of the following requirements. A.The duplex is located in a residential zone including the R-1, R-1-3.5, RR, WR, R- 2, R-3, RR, NN, and NM zones. B. One duplex is allowed per lotandthe maximum number of dwellings shall not exceed two per lot. C.Duplexes are not subject to the density or minimum lot area requirements of the zone. D.The proposal shall conform to the applicable dimensional standards in chapter 18.2.5Standards for Residential Zonesincluding but not limited to lot coverage, setbacks, and building height. E.The property must have two off-street parking spacesin conformance with the off-street parking provisions for duplexesin section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1. F. Duplexesshallbeincludedforthepurposesofmeetingminimumdensity calculationrequirementsforthe R-2 and R-3 zonesin18.2.5.080.Candfor residentialannexationsin18.5.8.050.F. SECTION 6. Section 18.2.5.080 \[ResidentialDensityCalculationsin R-2 and R-3 Zones – Standards forResidentialZones\]of the Ashland LandUse Ordinance isherebyamendedto readasfollows: 18.2.5.080ResidentialDensityCalculationin R-2 and R-3 Zones A.Density Standard.Except density gained through bonus points under section 31 18.2.5.080 or chapter 18.3.9 Performance Standards Option and PSO Overlay, development density in the R-2 and R-3 zones shall not exceed the densities established by this section. B.DensityCalculation. 1.Exceptasspecifiedintheminimumlotareadimensionsbelow,thedensityin R-2 an R-3 zonesshallbecomputedbydividingthetotalnumberofdwellingunitsby theacreageoftheproject,includinglanddedicatedtothepublic,andsubjecttothe exceptionsbelow. 2.Unitslessthan500squarefeetofgrosshabitableareashallcountas0.75unitsfor thepurposesofdensitycalculations. 3.AccessoryresidentialunitsDuplexesarenotrequiredtomeetthedensityor minimumlotarearequirementsofthissection.Seesection18.2.3.040110for accessoryresidentialunitduplexstandards. C.Minimum Density. 1.The minimum density shall be 80 percent of the calculated base density. 2.Exceptions to minimum density standards. The following lots are totally or partially exempt from minimum density standards. a.Lots less than 10,000 sq. ft. in existence prior to the effective date of this ordinance. b.Lots located within any Historic District designated within the Ashland Municipal Code. c. Lots with existing or proposed conditional uses may be exempt for that portion of the property that is subject to the conditional use for calculations of the minimum base density standard. d.Where a lot is occupied by a single-family residence prior to January 9, 2005 (Ord. 2914), the single-family residence may be enlarged or reconstructed without being subject to the minimum base density standard. e.In the event that a fire or natural hazard destroys a single-family residence, such residence may be replaced without being subject to the minimum base density standard. f.Where floodplains, streams, land drainages, wetlands, and/or steep slopes exist upon the lot an exception to minimum density requirementsmay be obtained to better meet the standards of chapter 18.3.10 Physical and Environmental Constraints Overlay. g.A lot that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units maybe added to 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 precluded. D.Base Densities and Minimum Lot Dimensions. 32 1. R-2 Zone.Base densityfor the R-2 zone shall meet the following standards: a.Minimumlotareaforoneortwounitsshallbe5,000squarefeet, exceptas allowedinsection18.2.3.040110foraccessoryresidentialunitsduplexes. b.Minimumlotareafortwounitsshallbe7,000squarefeet. Commented \[mh1\]: The state law requires the same lot size and density requirements for one unit as a duplex. cb. Minimumlotareaforthreeunitsshallbe9,000squarefeet,exceptthatthe Therefore, the minimum lot area for two units must be residentialdensitybonusinsubsection18.2.5.080.F,below,maybeusedto lowered to the existing5,000 square feet in a. above. increasedensityoflotsgreaterthan8,000squarefeetuptothreeunits. Commented \[mh2\]: This is a standardthat has been in place for several decades and allows a higher density than a dc. Formorethanthreeunits,thebasedensityshallbe13.5dwellingunitsper calculation based on 13.5 dwelling units per acre acre.Thepermittedbasedensityshallbeincreasedbythepercentagegained ((9,000/43,560)*13. 5 = 2.79)). Staff recommends leaving this allowance in place since it is an existing right. throughtheresidentialdensitybonusissubsection18.2.5.080.F. 2. R-3 Zone.Base density for the R-3 zone shall meet the following standards: a.Minimumlotareaforoneortwounitsshallbe5,000squarefeet, exceptas allowedinsection18.2.3.040110foraccessoryresidentialunitsduplexes. b.Minimumlotareafortwounitsshallbe6,500squarefeet. Commented \[mh3\]: Same comments as for 1.b above. c. Minimumlotareaforthreeunitsshallbe8,000squarefeet. Commented \[mh4\]: This is more restrictive than a density calculation based on 20 units per acre ((8,000/43,560)*20 = d.Forthreeormorethanthreeunits,thebasedensityshallbe20dwellingunits 3.67)). Staff recommends deleting this restriction. peracre.Thepermittedbasedensityshallbeincreasedbythepercentage gainedthroughtheresidentialdensitybonusissubsection18.2.5.080.F,below. E.Exceptions. An accessory residential unitis not required to meet density or minimum lot area requirements per section 18.2.3.040110. FE. Residential Density Bonus. 1.Density Bonus Points Authorized. Except as allowed under chapter 18.3.9 Performance Standards Option and PSO Overlay, the permitted base density shall be increased only pursuant to this section. 2.Maximum Density Bonus Points. The total maximum bonus permitted shall be 60 percent. 3.Density Bonus Point Criteria. The following bonuses shall be awarded: a.. The maximum bonus for conservation housing is 15 Conservation Housing percent. One hundred percent of the homes or residential units approved for development, after density bonus point calculations, shall meet the minimum requirements for certification as an Earth Advantage home, as approved by the Conservation Division under the City’ s Earth Advantage program as adopted by resolution 2006-6. b.The maximum bonus for provision of common open Common Open Space. space is ten percent. A one percent bonus shall be 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 and this ordinance. The common open space shall meet the standards in section 18.4.4.070. 33 c. . The maximum bonus for affordable housing is 35 percent. Affordable Housing Developments shall 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 accord with the standards of section 18.2.5.050. SECTION 7. Section 18.2.5.090 \[Standards forSingle-FamilyDwellings – Standards for ResidentialZones\]of the Ashland LandUse Ordinance isherebyamendedtoreadas follows: 18.2.5.090StandardsforSingle-FamilyDwellingsandDuplexes A.The following standards apply to new single-family dwellingsand duplexes constructed in the R-1, R-1-3.5, R-2, and R-3 zones; the standards do not apply to dwellingsin the WR or RR zones. B.Single-family dwellingsand duplexes subject to this sectionshall utilize at least twoof the following design features to provide visual relief along the front of the residence: 1.Dormers 2.Gables 3.Recessed entries 4.Covered porch entries 5.Cupolas 6.Pillars or posts 7.Bay window (min. 12" projection) 8.Eaves (min. 6" projection) 9.Off-sets in building face or roof (min. 16") SECTION 8. Section 18.4.3.040 \[ParkingRatios – Parking, Access,andCirculation\]of the Ashland LandUse Ordinance isherebyamendedtoreadasfollows: 18.4.3.040ParkingRatios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. 34 Table 18.4.3.040 –Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 spaces for detached dwelling units and the following for attached dwelling units. a.Studio units or 1-bedroom units less than 500 sq. ft. --1 space/unit. Single-family Dwelling b. 1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. d. 3-bedroom or greater units --2.00 spaces/unit. a.Units less than 800 sq. ft.–1 space/unit, except. as exempted in subsection 18.2.3.040.A. Accessory Residential Units b.Units greater than 800 sq. ft. and up to 1,000 sq. ft. – Duplex 2.00 spaces/unit. 2 spacesfor a duplex. a.Studio units or 1-bedroom units less than 500 sq. ft. --1 space/unit. b. 1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. Multi-familyMultifamily d. 3-bedroom or greater units --2.00 spaces/unit. s Dwelling e.Retirement complexes for seniors 55-years or greater -- One space per unit. f.Transit Triangle (TT) overlay option developments, see chapter 18.3.14. a.Units less than 800 sq. ft. --1 space/unit. b.Units greater than 800 sq. ft. and less than 1000 sq. ft. -- 1.5 spaces/unit. Cottage Housing c.Units greater than 1000 sq. ft. --2.00 spaces/unit. d.Retirement complexes for seniors 55-years or greater -- One space per unit. Parking for Manufactured HomeonSingle-FamilySingle-family SingleFamilySingle-family Lot is same as Dwelling; for Manufactured Housing Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 18.3.9. Developments Commercial Categories 35 Table 18.4.3.040 –Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) Auto, boat ortrailer sales, retail 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land nurseries and other outdoor area; plus 1 space per 5,000 sq. ft. for the excess over 10,000 retail usessq. ft. of gross land area; and 1 space per 2 employees. 3 spaces per alley, plus 1 space for auxiliary activities set forth in Bowling Alleys this section. Chapels and Mortuaries1 space per 4 fixed seats in the main chapel. 1 space per guest room, plus 1 space for the owner or manager; Hotelssee also, requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. General Office: 1 space per 500 sq. ft. floor area. Offices Medical/Dental Office: 1 space per 350 sq. ft. floor area. Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Useswhichever is less. General: 1 space per 350 sq. ft. floor area. Retail Sales and Services Furniture and Appliances: 1 space per 750 sq. ft. floor area. Skating Rinks1 space per 350 sq. ft. of gross floor area. Theaters, Auditoriums, Stadiums, Gymnasiums and 1 space per 4 seats. Similar Uses Travelers’ Accommodations1 space per guest room, plus 2 spaces for the owner or manager. Industrial Categories Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each Production, Warehousing and 2 employees whichever is less, plus 1 space per company Freightvehicle. Institutional and Public Categories Aircraft Hangar -Ashland One space per hangar or one space per four aircraft occupying a Municipal Airporthangar, whichever is greater. Parking spaces shall be provided within the hangar or within designated vehicle parking areas identified in the adopted Ashland Municipal Airport Master Plan. Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall Houses; Rooming and be equivalent to a guest room. Boarding Houses; Dormitories Daycare1 space per two employees; a minimum of 2 spaces is required. Golf CoursesRegular: 8 spaces per hole, plus additional spaces for auxiliary uses. Miniature: 4 spaces per hole. Hospital2 space per patient bed. Nursing and Convalescent 1 space per 3 patient beds. Homes Public Assembly 1 space per 4 seats Religious Institutions and 1 space per 4 seats. Houses of Worship 36 Table 18.4.3.040 –Automobile Parking Spaces by Use Minimum Parking per Land Use Use Categories (Based on Gross Floor Area; fractions are rounded to whole number.) Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit. Aged, or Assisted Living Elementary and Junior High: 1.5 spaces per classroom, or 1 Schools space per 75 sq. ft. of public assembly area, whichever is greater High Schools: 1.5 spaces per classroom, plus 1 space per 10 students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater Colleges,Universities and Trade Schools: 1.5 spaces per classroom, plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housing. Other Categories Parking standards for temporary uses are the same as for primary uses, except that the City decision-making body may Temporary Uses reduce or waive certain development and designs standards for temporary uses. SECTION 9. Section 18.5.2.020 \[Applicability – SiteDesignReview\] of the Ashland LandUse Ordinance is herebyamendedtoreadasfollows: 18.5.2.020Applicability Site Design Review is required for the following types of project proposals. A.Commercial, Industrial, Non-Residential, and Mixed Uses.Site Design Review applies to the following types of non-residential uses and project proposals, including proposals for commercial, industrial, and mixed-use projects, pursuant to section 18.5.2.030 Review Procedures. 1.New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones. 2.New non-residential structures or additions in any zone, including public buildings, schools, churches, and similar public and quasi-public uses in residential zones. 3.Mixed-use buildings and developments containing commercial and residential uses in a residentialzoning district within the Pedestrian Place Overlay. 4.Any exterior change, including installation of Public Art, to a structure which is listed on the National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that requires a building permit. 5.Expansion of impervious surface area in excess of ten percent of the area of the site, or 1,000 square feet, whichever is less. 6.Expansion of any parking lot, relocation of parkingspaces on a site, or any other change that alters or affects circulation onto an adjacent property or public right-of- 37 way. 7.Any change of occupancy from a less intense to a more intensive occupancy, as defined in the building code, or an change in use that requires a greater number of parking spaces. 8.Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined in the zoning regulations of this ordinance. 9.Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from site design review per section 18.5.2.020.C. 10.Installation of wireless communication facilities in accordance with section 18.4.10. B.Residential Uses.Site Design Review applies to the following types of residential uses and project proposals, pursuant to section 18.5.2.030 Review Procedures. 1.TwoThreeor more dwelling units on a lot in any zoningdistricta residential zone including the R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones, including the addition of an accessory residential unit, unless exempt from Site Design Review per subsection 18.2.3.040.A. 2.Construction of attached (common wall) single-family dwellings (e.g., townhomes, condominiums, rowhouses) inany zoning district. 3.Any exterior change, including installation of Public Art, to a structure individually listed on the National Register of Historic Places that requires a building permit. 4.Any change to off-street parking or landscaping in a residential development where such parking or landscaping is provided in common area (e.g., shared parking) and is approved pursuant to chapter 18.3.9 Performance Standards Option. 5.Any change in use that requires a greater number of parking spaces. 6.Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from Site Design Review per subsection 18.5.2.020.C. 7.Installation of wireless communication facilities (e.g., accessory to a residential use), in accordance with section 18.4.10. C.Exempt From Site Design Review.The following types of uses and projects are exempt from Site Design Review. 1.Detached single-family dwellings, duplexes,and associated accessory structures and uses. 2.Accessory residential units meeting the requirements of subsection 18.2.3.040.A. 32. Land divisions and property line adjustments, which are subject to review under chapter 18.5.3. 43. The following mechanical equipment. a.Private, non-commercial radio and television antennas not exceeding a height 38 of 70 feet above grade or 30 feet above an existing structure, whichever height is greater, and provided no part of such antenna shall be within the setback yards required by this ordinance. A building permit shall be required for any antenna mast or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure. b.Not more than three parabolic disc antennas, each under one meter in diameter, on any one lot or dwelling unit. c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in chapter 18.4.8 and the height standards of the respective zoning district. d.Roof-mounted solar collection devices on E-1 and C-1 zoned properties located within designated historic districts if the footprint of the structure is not increased, the plane of the system is parallel to the slopeof the roof and does not extend above the peak height of the roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices shall comply with solar setback standards described in chapter 18.4.8 and height requirements of the respective zoning district. e.Installation of mechanical equipment other than those exempted in 18.5.2.020.C.3, subsections a – d, above, and which is not visible from a public right-of-way, except alleys, or adjacent residentially zoned property and consistent with other provisions of this ordinance, including solar access in chapter 18.4.8, and noise and setback requirements of subsection 18.2.4.020.B. See also, screening standards for mechanical equipment in subsection 18.4.4.030.G.4. f.Routine maintenance and replacement of existing mechanical equipment in all zones. SECTION 10. Section 18.6.1.030 \[Definitions – Definitions\] of the Ashland LandUse Ordinance ishereby amended toreadasfollows: 18.6.1.030Definitions The following definitions are organized alphabetically. Accessory Building or Structure.A building or structure of secondary importance or function on a site, and which is located on the same lot with the primary use. Examples of accessory structures include but are not limited to: buildings not attached to the main building (e.g., garages, carports, guest houses, workshops, and sheds), arbors, gazebos, and mechanical equipment. See also, definition of Dwelling – Accessory Residential Unit. Dwelling.A structure conforming to the definition of a dwelling under applicable building 39 codes and providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling unitsor accessory dwelling units, as applicable,unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar. For the purposes of this ordinance, the following types of dwelling units are definedas follows.: -AccessoryResidentialUnit.A secondarydwellinguniton a lotwheretheprimary useis a single-familydwelling,eitherattachedto a single-family dwelling,within a portionofanexistingsingle-familydwelling(i.e.conversionofgrossfloorarea withintheprimaryresidence),orin a detachedbuildinglocatedonthesamelot, andhavinganindependentmeansof access (i.e.,door).Accessoryresidential unitsapprovedandconstructedpriorto(dateofordinance)(Ord.#)are consideredduplexesandmaybemaintainedandalteredinaccordancewith section18.2.3.110Duplex. - DuplexDwelling.A structure that contains two dwelling units located on one lot. The units must share a common wall or common floor/ceiling.Two dwellingson one lot in any configuration including eitherin attached or detached structures. Two attached dwellings in a stand-alone structure that is included in a mutltifamily development of three or more units shall be considered multifamily dwellings and shall not be considered a duplex. - Cottage. Asingle-family dwellingup to 1,000 square feet in sizelocated in a cottage housing development and developed in accordance with section 18.2.3.090. - Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructedin accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction. - Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. - Multifamily Dwelling.A dwelling in a structure or grouping of structures containing two or more dwelling units located on one lot.Three or more dwellings on one lot in any configuration including either in attached or detached structures. - Senior Housing. Housing designated and/or managed for persons over a specified age. Specific age restrictions vary, and uses may include assisted living facilities, retirement homes, convalescent or nursing homes, and similar uses not otherwise classified as Residential Homes or Residential Facilities. - Single-FamilySingle-familyDwelling. A detached or attached structure 40 containing one dwelling unit located onits ownonelot. SECTION #. Codification. In preparing this ordinance for publication and distribution, the City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within such limitations, may: (a) Renumbersections and parts of sections of the ordinance; (b) Rearrangesections; (c) Change reference numbers toagreewithrenumberedchapters,sectionsorother parts; (d) Deletereferencestorepealedsections; (e) Substitute the proper subsection, section,orchapter numbers; (f) Change capitalizationandspellingfor the purpose of uniformity; (g) Add headings forpurposes of groupinglikesectionstogetherforease of reference; and (h) Correctmanifestclerical,grammatical,or typographical errors. SECTION #.Severability. Eachsection of this ordinance, andanypartthereof,is severable,andifanypartofthis ordinance isheldinvalid by a courtof competent jurisdiction, the remainder of this ordinance shallremaininfullforceandeffect. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) ofthe City Charter on the _____day of ____________, 2021, and duly PASSED and ADOPTED this ____ day of _____________, 2021 . _______________________________ Melissa Huhtala, City Recorder SIGNED and APPROVED this day of ____________, 2021. ________________________ Julie Akins, Mayor Reviewed as to form: 41 ______________________________ David H. Lohman, City Attorney 42