HomeMy WebLinkAbout2021-05-11 Planning PACKET
ASHLAND PLANNING COMMISSION
REGULAR MEETING
May 11, 2021
AGENDA
I. CALL TO ORDER:
7:00 PM
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV. CONSENT AGENDA
A. Approval of Minutes
1. April 13, 2021 Regular Meeting
2. April 27, 2021 Special Meeting
V. PUBLIC FORUM
VI. TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: PA-T1-2021-00141
SUBJECT PROPERTY: 599 East Main Street
APPLICANT/OWNER: Rogue Planning & Development Services, LLC for Livni Family Trust
(Gil Livni, )
Trustee
DESCRIPTION: A request for Site Design Review approval to modify the existing building at
599 East Main Street including converting the former church to use as office/assembly space
and adding a new entry. The application also includes requests for a Conditional Use Permit
as it involves the alteration of an existing non-conforming development where no off-street
parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear
street trees (10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX
LOT #: 7600
VII. UNFINISHED BUSINESS
A. Approval of Findings for PA-T1-2021-00141, 599 East Main Street.
VIII. LEGISLATIVE PUBLIC HEARINGS
A. PLANNING ACTION: PA-L-2021-00010
APPLICANT: City of Ashland
DESCRIPTION: A public hearing on a legislative amendment to the Ashland Municipal Code
Title 18 Land Use to update the allowances and standards for duplexes and accessory
th
residential units as required by House Bill 2001 from the 80 Oregon Legislative Assembly,
2019 Regular Legislative Session. The proposed amendment includes a series of changes to
the following chapters of the Ashland Land Use Ordinance including 18.1.4, 18.2.2, 18.2.3,
18.2.5, 18.3.4, 18.3.5, 18.3.9, 18.3.10, 18.3.12. 18.4.2, 18.4.3, 18.5.2, 18.5.7 and 18.6.1.
IX. 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 COMMISSION
REGULAR MEETING
MINUTES - Draft
April 13, 2021
I. CALL TO ORDER:
Chair Haywood Norton called the meeting to order at 7:00 p.m.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Alan Harper Derek Severson, Senior Planner
Haywood Norton Dana Smith, Executive Assistant
Kerry KenCairn
Roger Pearce
Lynn Thompson
Lisa Verner
Absent Members: Council Liaison:
Paula Hyatt
II. ANNOUNCEMENTS
Chair Norton announced the continued public hearing for PA-T2-2020-00028 for Walker Elementary School would
not be heard at this meeting.
Community Development Director Bill Molnar issued the following announcements:
The Ashland School District submitted a request to extend the 120-day rule 90 days to the Parks and
Recreation Department regarding Walker Elementary School. Staff anticipated the Planning Commission
would hear the item in May or June.
LUBA recently heard arguments in the appeal of the annexation for 1511 Hwy 99, PA-T3-2019-00001 and
would render a decision April 30, 2021. It could come back to the City to address a few items.
The regular meeting in May would have a public hearing on the draft duplex code amendments. The
Commission would make a recommendation to City Council.
The City provided the Columbia Care project on Ashland Street $300,000 of housing trust funds for land
acquisition. They were also eligible for $475,000 of fee waivers for the affordable housing.
Staff received a building permit for the Clear Creek project.
III. CONSENT AGENDA
A. Approval of Minutes
March 9, 2021 Regular Meeting.
1.
March 23, 2021 Special Meeting
2.
Commissioner Pearce/Harper m/s to approve the minutes of March 9, 2021. Voice Vote: all AYES. Motion
passed.
Ashland Planning Commission
April 13, 2021
Page 1 of 6
The Commission pulled the minutes of the meeting on March 23, 2021 to discuss the wording on page 3, under
Discussion
after the first motion. There was concern the wording was not clear in the minutes and not included in
the findings. Mr. Severson explained Condition 8 required the owner to notify the City if changes to eight parking
spaces occurred. It was reviewed and approved 15 years before and not a new circumstance. They discussed
having a binding easement for continued use even though it might not be under common ownership. After further
discussion, the minutes were left as written.
Commissioner Pearce/Dawkins m/s to approve the minutes of March 23, 2021.
Commissioner Harper
Voice Vote: all AYES. Motion passed.
abstained. He was absent from the meeting.
IV.UNFINISHED BUSINESS
A. Approval of Findings for PA-T2-2020-00025, Tax Lot #600 on the newly constructed
Independent Way
Ex Parte Contact
The Commission declared no ex parte contact on the matter. Commissioner Harper abstained. He was not
present for the meeting.
Commissioner Verner suggested amending Condition 8 to clarify what action the Planning Department would
take if they were notified that parking would change. Mr. Severson explained they would review and discuss
with the applicant what uses were currently in place. There could be component spaces in the building that
had transitioned to other uses. Staff would review and assess whether there was adequate parking. If the
applicant was not in compliance with the parking standards, they could address it with other parking on the
site or by adjusting uses. Commissioner Verner suggested adding
Planning Department and the Planning Department shall assess whether there continued to be
. The Commission agreed. Mr. Severson read the code for
18.4.3.080(a)(1) prompting the Commission to change the wording to
18.4.
or possibly using
lease, eas
from
18.4.3.080(a)(1)
.
Commissioner Pearce/Thompson m/s to approve the Findings for PA-T2-2020-00025 as amended in
Section 8 adding notice to the Planning Department and the Planning
Department shall assess whether there continued to be adequate parking on the properties, and
instrufrom18.4.3.080(a)(1)
. Commissioner
Voice Vote: all AYES. Motion passed.
Harper abstained from the vote.He was absent from the meeting.
V. PUBLIC FORUM
- None
Chair Norton explained the continued public hearing for PA-T2-2020-00028 for Walker Elementary School would not
be heard at this meeting. It would be heard at a future meeting not yet determined.
VI.TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: PA-T1-2021-00141
SUBJECT PROPERTY: 599 East Main Street
APPLICANT/OWNER: Rogue Planning & Development Services, LLC for Livni Family Trust (Gil
Livni, Trustee)
DESCRIPTION: A request for Site Design Review approval to modify the existing building at 599
East Main Street including converting the former church to use as office/assembly space and
Ashland Planning Commission
April 13, 2021
Page 2 of 6
adding a new entry. The application also includes requests for a Conditional Use Permit as it
involves the alteration of an existing nonconforming development where no off-street parking is
available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees
(10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX LOT
#: 7600
Chair Norton read aloud the rules for electronic public hearings.
Ex Parte Contact
Commissioner Dawkins declared no ex parte contact but lived across the street from the site. Commissioner Pearce,
Thompson, Verner, and Norton had no ex parte contact but had visited the site. Commissioner KenCairn declared no
ex parte contact but drove past the site often. Commissioner Harper had no ex parte contact and no site visit.
Staff Report
Senior Planner Derek Severson provided a presentation (see attached):
The application requests: Site Design Review, Elevation Drawings
Conditional Use Permit, Street Tree Removal Permit
Wall Section/Exterior Wall
Vicinity Map
Color Renderings
Site & Proposal
Parking Information in Packets (From 2013)
Impact Area
Historic Commission April 2021 Recommendations
Site Plan from PA #93-123 (Added Fellowship Hall)
Tree Commission March 2021 Recommendations
Site Plan from PA #93-123 (Added Fellowship Hall)
Site Design Review
Existing Entry at the Corner of East Main & Fifth
Nonconforming Situations (Purpose & Applicability)
Streets
Nonconforming Development Parking
Looking down East Main Street from Corner
Nonconforming Developments (AMC 18.1.4.040)
Rear of the Sanctuary Building (Demo to create
Conditional Use Permit
courtyard) without courtyard
Alteration of a Nonconforming Development?
Rear of the Sanctuary Building (Demo to create
Site Plan from PA #93-123 (Adding Fellowship Hall)
courtyard) with courtyard
Staff Recommendation
Existing rear courtyard area
Existing Parking behind 48 Fifth St (Fellowship Hall)
Site Plan
Floor Plans
Staff supported the re-use of the property but thought parking and trip generation lacked enough detail. It did not prove
there would be no adverse material impact to the neighborhood than the target retail use. Staff could not support the
application as was presented.
The Commission discussed the timeline and continuing the public hearing.
Questions of Staff
Commissioner Pearce asked what the code specified regarding the occupancy limit. Mr. Severson responded the
submittal indicated 126 people and would require 31 parking spaces. Commissioner Pearce inquired on the use and
whether it had changed. Mr. Severson confirmed it had not changed. The application specified there would be events
only associated with office use. There were statements in the application that would preserve any permitted use in the
C-1 zone for potential entertainment, but the parameters were not clear. Commissioner Pearce thought the applicant
should have applied for office use and not assembly use.
Commissioner Harper wanted clarification on what they were being asked to compare regarding altering nonconforming
Ashland Planning Commission
April 13, 2021
Page 3 of 6
use and measuring the negative impacts. Was it an increase in the nonconformity impacts or total impacts compared
Nonconforming Developments, AMC 18.1.4.040(B)
to full development of the site? Mr. Severson read the code for .
The Commission would compare the proposed use to the target retail use in terms of architectural compatibility,
generation of noise, light, and odor. With this application, it came down to parking and trip generation in comparison
AMC 18.4.4.010 Nonconforming Situations Purpose & Applicability
to the target use. In , it stated when considering
non-conformities, they are not necessarily a negative influence on a neighborhood just on that basis. Additionally, they
could consider the benefits of continuing a non-conformity by weighing it against the impact to a neighborhood.
Commissioner Harper commented there could be a variety of community impacts with an assembly venue that do not
necessarily occur with a church that may need to be evaluated. Mr. Severson thought it was also comparing office and
assembly use with the conditional use permit target retail use for the zone. Commissioner Thompson clarified there
was argument in the materials about comparing the use they were proposing to for the site. Was that comparison
relevant under the code section? Mr. Severson thought to an extent, it could be. The CUP for the church predated
current regulations. It was an established church and a CUP in that zone and not the target use. Staff had discussed
whether the CUP was predicated on the fact that it is exempt and if it was repair and maintenance where it did not
enlarge or alter in any way that brought the nonconforming site less in conformity with this ordinance. It would require
making the determination that the impacts of the final proposal were less impactful or equal to the prior church use.
Or, it could be viewed as beyond maintenance and repair when the only parking available on the campus separated
AMC Nonconforming Developments 18.1.4.040(A)
the properties and made a wholesale change in view. He read
Exempt Alterations
.
Commissioner Pearce thought whether it was an alteration was settled. If it was repair or maintenance, it was an
exempt alteration. All other alterations would require a CUP. In terms of the CUP criteria he did not think the church
was particularly relevant. In 18.5.4.050 the impact looked at was whether the conditional use would have no greater
adverse material effect on the livability of impact area when compared to the development of the subject property with
the target use. Commissioner Harper added they could add conditions that mitigated the impacts. The Commission
thought the impacts of the church were irrelevant.
Mr. Molnar explained staff had concluded it did not meet the definition for an exempt alteration. It was an alteration, a
CUP, and required comparison with the target use. Where it got murky ld
be more straightforward if it was just general office space. Adding assembly space made it difficult to complete that
comparison required between the target use. However, it was not just an office space.
Commissioner Norton addressed the additional information on traffic and parking they had received. The uses the
applicant stated for the purposes of the parking study did not match the application.
Commissioner Harper asked about dividing the property. It was two separate lots and not a partition. Mr. Severson
confirmed they were separate lots until the church purchased the rear parcel for the fellowship hall in 1993 or 1994.
Amy Gunter/Rogue Planning and Development Services/Medford, Or/ Gil Livni/Magnolia Fine Homes
LLC/Ashland/
Ms. Gunter clarified weddings and social events were already occurring at the church and not what they
were proposing to have happen within the conference and event space of 1,892 square feet (sq. ft.) associated with
the office use. She provided a presentation (see attached):
Historic Renovation 599 E Main Street
Aerial Photographs
Subject Property
Site Plan
Existing Structure
Rendering
Ashland Planning Commission
April 13, 2021
Page 4 of 6
North Elevation E Main Street
East Elevation
South Elevation
Conclusion
The occupancy numbers for the 1,892 sq. ft. sanctuary area was 270, 126 if seated. They were not trying to achieve
those occupancy ratings.
When comparing the proposed use to the envisioned use of a 1,740 sq. ft. retail space, half of the square footage of
the floor area on the property, they believed it could be shown that the impacts were substantially less. Impacts in
commercial zones like hours of operation were typically longer than an office type of use. The noise associated with a
commercial retail business was a higher number of trips. It was similar throughout the week and increased on the
weekend. There should not be greater impacts on the livability of the impact area due to less traffic generation, hours
of operation and number of people accessing and leaving the site would be less. Of the areas within the impact area,
eight were commercially zoned properties even though they were residential uses.
They were not comparing their application to the church but could not ignore that it was a church for 110 years. If they
compared a commercial use allowed in the zone, as a permitted use, it could be found as less of an impact. For the
office, people may bike or walk instead of drive. The site had a walk score of 91 and 84 for bicycling.
The use in the zone was retail but should also compare to the economic element of the Comprehensive Plan and the
adaptive reuse of the property supported by Chapter VII. The Economy and supported by the goals. Policy 5 under
Goal 7 also applied. The property could not be used for any permitted or special use due to the existing construction
of thehistoric building. This proposal met the criteria. It would have less of an impact on the livability of the area as
an office instead of a retail establishment or a church.
Mr. Livni clarified assembly or events applied to the people using the office only. A game programming company was
interested in renting the space. Once every six to twelve months, they would host a gaming event. Those would be
the only events occurring in the space. He provided additional history on the properties. The second property needed
the parking. That was why they were doing it separately. The game programming company would bring a lot of
business and other industries to Ashland.
Questions of the Applicant
Commissioner Pearce commented the building use was proposed for office space and questioned why they were
proposing it for assembly use. If it was an office use only, they could still do events as an accessory to office use. Mr.
Livni wanted to ensure the gaming company would not be prohibited from hosting gaming events. Commissioner
Pearce noted assembly use was entertainment use and could be rented for a variety of events. Ms. Gunter explained
they indicated both uses due to the limitations in the land use ordinance descriptions and business code. The building
code had different occupancy ratings as the type of use changed so did the number of bodies.
Commissioner Harper supported staff wanting a continuance. He asked Ms. Gunter for clarification that as a church,
it may have been under parked by 20 spaces and as an office, it would remain under twenty spaces indicating no new
negative impact. Parking targeted on Sundays was dramatically different to office use being under parked all day every
day. Ms. Gunter explained it was misnomer that churches impacted parking one day a week. For instance, weddings
did not happen on Sunday. This church had several events occurring throughout the week from feeding the homeless,
running support groups as well as a school. Commissioner Harper asked if those activities were reflected in the traffic
study. Ms. Gunter replied no, the traffic memo was in response to staff denial based on not comparing it to a permitted
use in the zone. The memo still showed the proposed use was less impactful than the permitted use in the zone.
Commissioner Pearce read from the Sandow memo that the parking analysis indicated larger meeting gatherings
Ashland Planning Commission
April 13, 2021
Page 5 of 6
typically occurred only a few times a year. Mr. Livni had indicated it would be weekly. Commissioner Pearce thought
the traffic analysis underestimated the number of gatherings and uses of the larger space. Ms. Gunter clarified is was
1,900 sq. ft. space within a larger building. Commissioner Pearce noted it was 40% of the building. Mr. Livni further
clarified the gaming events would take place a few times a year, not weekly. Commissioner Pearce was comfortable
with it if it was always associated with office use.
Ms. Gunter suggested a condition of approval that reigned in the ability and the use of that space. Mr. Livni was
comfortable adding language that specified events would be associated to the office only.
Commissioner Norton asked for confirmation that the events were for testing games only and not tournaments. That
theevents would be held for research and development with no admission charged to play the games. Mr. Livni
confirmed the events were for testing games, not tournaments and would be online.
Commissioner Thompson addressed the need for 9 on-street parking spaces to support the office use in excess of the
five for the target use. The other lot could be developed commercially. She questioned the impact of granting a CUP
without any on-site parking and how on-street parking constrained the rest of the neighborhood. Mr. Livni explained it
was currently being used as a shelter but could continue as a church. He did not think he should be penalized for
owning both lots. There would never be parking for the front building.
Ms. Gunter added the code allowed a reduction in parking up to 50% when preserving a historic building through a
Type 1 variance. That would apply to the other properties seeking redevelopment. It could not apply to this property
because there was no parking. The other sites were often larger than this property. Most of them have alley access
in addition to on-street parking. The lot in the application was the only one without an alley.
Public Testimony
- None
- None
Deliberation and Decision
Commissioner Harper/Verner m/s to continue the public hearing for PA-T1-2021-00141 to the next regular
meeting on May 11, 2021, 2021.DISCUSSION:
Commissioner Harper asked the applicant to comment on the staff
suggestion to extend the statutory period for 30 days. Ms. Gunter understood there was adequate time but no time for
an appeal. She preferred to wait on the extension. It was not necessary at this moment. Commissioner Pearce
thought there would be time for potential appeal. Chair Norton agreed. Mr. Severson explained the extension would
putit at the deadline. Commissioner Harper wanted to review the traffic study and staff analysis. Commissioner Verner
agreed. Chair Norton wanted time so the applicant could submit what they propose to do along with parking data prior
to the next meeting. Commissioner Verner added it would be useful for the applicant to draft language about a condition
using the gathering space for the existing tenant and provide a certain number of events per year. Commissioner
Thompson suggested the applicant clarify whether it was an office use or assembly sue. Ms. Gunter would request a
30-day extension if it helped with the analysis. Staff and the Commission discussed continuing the meeting to the next
regular meeting on May 11, 2021. Commissioner Harper amended the motion to continue the matter to next the regular
Roll Call Vote on amended motion: Commissioner Pearce, KenCairn, Norton,
session and leave the record open.
Thompson, Harper, Verner, and Dawkins, YES. Motion passed.
VIII. ADJOURNMENT
Meeting adjourned at 8:54 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
April 13, 2021
Page 6 of 6
599 East Main Street
Planning Commission Hearing
April 13, 2021
599 East Main Street
Request
The application requests:
Site Design Review approval to modify theexisting building
at599EastMainStreet, including adding a new corner entry.
Conditional Use Permit approval for the alteration of anexisting non-
conforming development where no off-street parking is available.
Alterations proposed involve separating two properties making up the
church campus and changing the use from a church to office and
assembly space.
Street Tree Removal Permit approval to remove and replace two
Callery Pear street trees (10.2-inch & 12.7-inch DBH) in the park row
planting strip alongEastMainStreet.
599 East Main Street
Vicinity Map
48 Fifth St.
T.L. #7500
Fellowship Hall
599 E. Main St.
T.L. #7600
Sanctuary
599 East Main Street
Site & Proposal
Thesubjectpropertyis3,484squarefeetinareaandislocatedatthenortheastcorner
ofEastMainandFifthStreets,withintheC-1‘Commercial’zoningdistrictandthe
AshlandRailroadAdditionHistoricDistrict,DetailSiteReviewandWildfireLandsoverlay
zones.Theexisting4,628squarefootbuildingpreviouslycontainedthesanctuaryand
churchofficesfortheChristianLifeFellowshipFoursquareChurch.
TaxLot#7600
Thechurchcampusincludedtwotaxlots:thesubjectat599EastMain
StreetfrontingonEastMainStreetandcontainingthesanctuarywithnooff-street
TaxLot#7500
parking,andbehinditat48FifthStreetcontainingthefellowshiphall,
whichwasaddedin1993-94,alongwiththreetofour*off-streetparkingspaces.The
campusisconsidereda‘non-conformingdevelopment’becauseitlacksthefullamount
ofrequiredoff-streetparkingtoservethechurchuse,whichwasestablishedbefore
therewereparkingrequirements.
ThecurrentapplicationlooksatTaxLot#7600withthesanctuarybuildingindependently
ofTaxLot#7500,andseekstoremodelthebuildingandaddanewcornerentryto
convertittoamodernofficebuildingwhichcouldalsobeusedbyofficetenantstohost
tradeshows,conferencesandmeetings.
599 East Main Street
Impact Area
599 East Main Street
Site Plan from PA #93-123 ()
Added Fellowship Hall
599 E. Main St.
48 Fifth St.
Church Sanctuary
Fellowship Hall
(Historic,
(Non-Historic,
Non-Contributing)
Non-Contributing)
FIFTH ST
N
599 East Main Street
Site Plan from PA #93-123 ()
Added Fellowship Hall
599 E. Main St.
48 Fifth St.
Church Sanctuary
Fellowship Hall
FIFTH ST
N
599 East Main Street
Existing Entry at the Corner of East Main & Fifth Streets
599 East Main Street
Looking down East Main Street from Corner
599 East Main Street
Looking down Fifth Street from corner
599 East Main Street
Rear of the Sanctuary Building ()
Demo to create courtyard
599 East Main Street
Rear of the Sanctuary Building ()
Demo to create courtyard
599 East Main Street
Existing rear courtyard area
599 East Main Street
Existing Parking behind 48 Fifth St (Fellowship Hall)
Site Plan
599 E. Main St.
Tax Lot #7600
Subject Property
3
Floor Plans
1,980 s.f. Office Space
1,892 s.f. Office &
(
former classrooms &
Assembly Space
)
offices
()
former Chapel
Basement
First Floor
756 s.f.
Office/Storage
Roof Top
Second Floor
3
Elevation Drawings
Rear Elevation (facing courtyard)
Front Elevation (facing East Main Street)
Side Elevation (facing neighbors)
Side Elevation (facing Fifth Street)
3
Elevation Drawings
Rear Elevation (facing courtyard)
Front Elevation (facing East Main Street)
New Entry
Demo Prior Addition,
Addition
Replace Stairs,
Create Add’lCourtyard
Side Elevation (facing neighbors)
Side Elevation (facing Fifth Street)
3
Wall Section at Entry
3
Wall Section/Exterior Wall
3
Color Renderings
Renderings from Corner
Rendering from East Main Street
Rear Courtyard (from Fifth Street)
4
599 East Main Street
Parking Information in Packets (From 2013)
Eveninperiodsof
peakdemandinthe
downtown,the
subjectproperty
andsurrounding
areaseemtobe
justdistantenough
thaton-street
parkingremained
available.
599 East Main Street
Historic Commission April 2021 Recommendations
The Historic Commission commended the applicant on the design and effort to remodel and repurpose a historic
structure that has been significantly modified over time. The Commission expressed their appreciation for the
added stucco element on the east side of the building to add definition to the “tower” element as discussed at the
March 3, 2021 Historic Commission meeting. The Historic Commission recommends the following items be
addressed as conditions of approval:
For the base of the building, the Historic Commission recommended one of following three options:
Provide detail showing “veneer brick cladding” shown on the revised elevations SD-4.1, SD-4.2 and
O
SD-4.3 will fit properly around the window and door openings. The “brick cap course” needs to be
more substantial and a heavier weight than shown in the submittals. Extend the brick base around the
back corner of the building on the Fifth Street side (NW corner) for at least a column width.
Rather than extending veneer brick cladding on the Fifth Street side of the building, use it to accent the
o
front entry and end brick at the north side of the main entrance facing the intersection of E. Main and
5th St. Brick should be on east side of tower as shown in the revised elevation SD-4.1. The “brick cap
course” needs to be more substantial and a heavier weight than shown in the submittals.
Retain stucco as the base material rather than adding the veneer brick cladding.
o
Replace all windows with True Divided Light Clad Windows shown on revised elevations including the
east side of the building (SD-4.1) unless prohibited by building code ().
e.g. due to proximity to property line
Replace all siding as shown on revised elevations (Hardie® lap siding with 7” exposure) including the east
side of the building (SD-4.1) unless prohibited by building code ().
e.g. proximity to property line
599 East Main Street
Tree Commission March 2021 Recommendations
StreetTreeRemovalPermitsarepermitssubjecttoreviewundersection13.06.030ratherthanthe
ministerial
LandUseOrdinance,andtypicallydon’tcometothePlanningCommission.Theyareincludedhereto
consolidateapplicationproposalsasallowedinthecode.
TheapplicationproposestoremovetwoCalleryPearstreettreesintheplantingstripalongEastMainStreet.The
applicationexplainsthatthetreeshavebeeninplaceformorethan30yearsandhaven’tshownsubstantial
growth,anddescribespearsasapoorlandscapechoiceinavalleywithacommercialpearindustrywherepoorly
maintainedpeartreescouldbeavectorforpestsordisease.TheTreeCommissionrecommendedapprovalof
therequestiftheremovalsweremitigatedwithnewirrigatedtreesatleasttwo-inchcaliperatplantingand
selectedtoachievealargestatureatmaturity.TreeCommissionersspecificallyrecommended“”or
AutumnBlaze
“”maplesasgoodmitigationchoices.
RedFlame
599 East Main Street
Site Design Review
TheapplicationinvolvesanewadditionintheC-1zoneintheformoftheproposednewentry
orientedtothecorner,andassuchrequiresSiteDesignReviewapprovalasdetailedinAMC
18.5.2.020.A.1..Thebuildingandsiteimprovementsareexisting,andassuchtherequestedSite
DesignReviewislimitedtoconsiderationoftheproposedchanges(exteriortreatment,changes
totherearofthebuildingtocreateadditionalcourtyardspaceandaddnewstairs,andthe
additionofanewcornerentryelement)astheyrelatetotheapplicablecriteriaandstandards
includingtheBuildingPlacement,Orientation&DesignStandardsforNon-Residential
DevelopmentandtheHistoricDistrictDevelopmentStandards.
TheHistoricCommissionwasappreciativeoftheapplicant’seffortsandsupportiveofthe
request,subjecttothreerecommendations,andstaffbelievethatthechangesproposed
significantlyimprovethebuilding’sorientationandrelationshiptothestreet.
599 East Main Street
Non-Conforming Situations (Purpose & Applicability)
AMC18.1.4.010
Chapter18.1.4containsstandardsandproceduresforthecontinuationofuses,
structures,developmentsandlotsthatarelawfullyestablishedbutdonotcomplywith
currentordinancestandards(“nonconformingsituations”).Thechapterisintendedto
protectpublichealth,safety,andgeneralwelfare,whileallowingreasonableuseof
Nonconformingsituationsarenotnecessarilyconsidereda
privateproperty.
negativeinfluenceonaneighborhood;ratherthebenefitsofcontinuinga
nonconformityshouldbeweighedagainstimpactstotheneighborhood.
The
chaptercontainsfoursectionsasfollows:
A.Nonconforminguses
(e.g.,commercialuseinaresidentialzone)aresubject
tosection18.1.4.020;\[ChurchuseinC-1isaCUP.\]
B.Nonconformingstructures*
(e.g.,structuredoesnotmeetsetbackstandards)
aresubjecttosection18.1.4.030;\[Solaraccess-notchanging;Orientation.\]
C.Nonconformingdevelopments*
(e.g.,sitedoesnotmeetlandscaping
Parking
standards)aresubjecttosection18.1.4.040;\[Landscaping,\]
D.Nonconforminglots
(e.g.,lotsmallerthanminimumareastandard)are
subjecttosection18.1.4.050.\[NominimumlotsizeinC-1.\]
599 East Main Street
Non-Conforming Development -Parking
Applicant:
56-61
spacesbasedon
churchuse
Staff Parking Calculation Based on Photos & Applicant’s Narrative
16 rows X 7 chairs = 112 seats/4 seats per parking space = 28 off-street spaces
Circle of chairs appears to have 27 seats/4 seats per parking space = 7 off-street spaces
This would equate to 35 off-street parking spaces.
Three to four spaces are available on campus, off of the alley behind the old Fellowship Hall,
but this lot is not being treated as part of the current request.
599 East Main Street
Non-Conforming Developments (AMC 18.1.4.040)
A.ExemptAlterations.
Repairandmaintenanceofanonconformingdevelopment
(e.g.,pavedarea,parkingarea,landscaping)areallowedsubjecttoapprovalofrequired
buildingpermitsifthedevelopmentisnotenlargedoralteredinawaythatbringsthe
nonconformingsitelessinconformitywiththisordinance.
B.PlanningApprovalRequired.
Anonconformingdevelopmentmaybeenlargedor
alteredsubjecttoapprovalofaConditionalUsePermitunderchapter18.5.4and
approvalofrequiredbuildingpermits,exceptthataplanningactionisnotrequiredfor
exemptalterationsdescribedinsubsection18.1.4.040.A,above,andfornon-residential
developmentsubjecttosubsection18.4.2.040.B.6(i.e.wherenon-conformitiesrelative
todesignstandardsareproportionallyaddressthroughSiteDesignReview.)
599 East Main Street
Conditional Use Permit
Theenlargementoralterationofanon-conformingdevelopmentrequiresaConditional
UsePermitwhichconsidersthenegativeimpactsoftheproposalonthesurrounding
neighborhoodincomparisontothe“targetuse”ofthepropertyintendedbyitszoning.
WithintheCommercialzoneandDetailSiteReviewoverlay,the”targetuse”ofthe
propertyis1,742squarefeetofretailspace.InconsideringaConditionalUsePermit
requesthere,thePlanningCommissionneedstoconsiderthegenerationoftrafficand
effectsonsurroundingstreetsfora4,628squarefootbuildingwithofficespaceandthe
abilitytohosttradeshows,conferencesandmeetingsonapropertywithnooff-street
parkingincomparisonwiththetarget1,742squarefootretailusewhichwouldinclude
fiverequiredoff-streetparkingspacesontheproperty.
* * *
AMC18.5.4.050.A.3
“Thattheconditionalusewillhavenogreateradversematerial
effectonthelivabilityoftheimpactareawhencomparedtothedevelopmentofthe
subjectlotwiththetargetuseofthezone,pursuantwithsubsection18.5.4.050.A.5,
below.Whenevaluatingtheeffectoftheproposeduseontheimpactarea,thefollowing
factorsoflivabilityoftheimpactareashallbeconsideredinrelationtothetargetuseof
Generationoftrafficandeffectsonsurroundingstreets.
thezone…b.Increasesin
pedestrian,bicycle,andmasstransituseareconsideredbeneficialregardlessof
capacityoffacilities.
599 East Main Street
Alteration of a Non-Conforming Development?
Is a Conditional Use Permit (CUP) Necessary Here?
Required if non-conforming development is “altered or enlarged”.
“Altered” or “Enlarged” are not specifically defined relative to this section.
Alterations here are:
Separatingthetwolotsthatpreviouslymadeupthechurchcampus–oneofwhichcontainedthe3-4off-street
o
parkingspacesavailable.(NOTE:Theapplicantassertstwolotswerehistoricallyseparatetobeginwith,andwhen
combined,parkingwasnotrequiredfortheFellowshipHallalthoughitwasinstalledandhasbeeninplaceand
availablesince1994(i.e.almost30years).)
Changing the use from the previous church use to the proposed office/assembly space.
o
Here the combination of two changes –separating the two lots to remove what little parking was installed on church
campus from consideration, and changing the use –seemed to staff to constitute alteration of the non-conforming
development.
Forstaff,wewereunabletomakeadefinitivedeterminationofwhethertheproposedalterationrenderedthedevelopmentless
conformingwithparkingrequirementsbecause:
1)Theapplicationlackssufficientdetailabouttheparametersoftheproposedassemblyuse(frequency,duration,numberof
attendees,etc.),and
2)Theapplicationlackssufficientanalysisofthetrafficandparkinggenerationoftheproposeduses,andabsentthatanalysisstaff
didnotfeeltheburdenofproofwasclearlysatisfiedtosaytheproposaldidnotrequireaCUP.Similarly,staffcouldnot
adequatelyassesstheadversematerialimpactsoftheproposalwithoutmoredetailedinformationandanalysis.
Withmoredetailedinformationandanalysis,itmaywellbepossibletodeterminethattheproposaldoesnotintensifythenon-
conformityandthusdoesnotrequireaconditionalusepermit,or thatwhileaCUPisneeded,theadversematerialimpactswould
notexceedthoseexpectedwiththetargetretailuse.
599 East Main Street
Site Plan from PA #93-123 ()
Adding Fellowship Hall
599 E. Main St.
48 Fifth St.
Church Sanctuary
Fellowship Hall
FIFTH ST
N
599 East Main Street
Staff Recommendation
Theapplication’sapproachisessentiallythattheproposalisnotanintensificationbuta
decreaseinoccupancyasanyfutureassemblyusewillbelimitedbybuildingcode
occupancyallowancestoalesserparkingdemandthanthepeakdemandforchurch
assemblyuses,andspeakstotheConditionalUsePermitcriteriaonthatbasis.
Forstaff,thechangeinusecombinedwithseparatingthetwochurchpropertiesthat
havebeenpartofthecampustogethersince1994-andspecificallyremovingthe3-4
parkingspacesprovidedoncampusintheyearssince-representedanalteration,and
forstafftheissueofwhetherthenon-conformityisincreasedthroughthatalterationis
morenuancedandneedstoconsidertheseparationofthetwopropertiesandlossof
thefewexistingparkingspaces,theactualparkingdemandforthepriorchurchuse,and
whetherthepeakparkingandtripgenerationofthecombinedofficeandassemblyuses
willhavemoreimpactthanthechurchuseandwhethertheycomparefavorablytothe
targetretailusetomeritConditionalUsePermitapproval.
599 East Main Street
Staff Recommendation (cont’d)
Staffrecognizesthatallowingthemodificationofnon-conformingdevelopmentsisvitally
importantinmaintainingviableoptionsfortheadaptivere-useofpropertiesthatdeveloped
priortocurrentstandardslikethepropertyhere–particularlyinthehistoricdistricts–andwe
furtherbelievethattheexteriormodificationsproposedrepresentsubstantialimprovementsto
theexistingbuilding.We’restronglysupportiveoffindinganoptionforre-useofthisproperty
thatisbeneficialtotheapplicant,thesurroundinghistoricdistrictandthebroadercommunity.
Ultimatelyhowever,staffdidnotbelievetherewassufficientdetailprovidedwithregardto
parkingandtripgenerationtomeettheburdenofproofindeterminingwhethertheproposal
amountstoanintensification,andifso,todemonstratethattherewouldbenogreateradverse
materialimpacttothesurroundingneighborhoodthanthetargetretailuse,andassuchstaff
cannotsupporttheapplicationwiththelevelofdetailcurrentlypresented.
599 East Main Street
Planning Commission Hearing
April 13, 2021
599 East Main Street
Historic Survey Document for the Church
HISTORIC RENOVATION
599 E MAIN STREET
SUBJECT PROPERTY
SITE PLAN
EXISTING STRUCTURE
NORTH ELEVATION
E MAIN STREET
EAST ELEVATION
WEST ELEVATION
SOUTH ELEVATION
CONCLUSION
IMPACT AREA
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
MINUTES - Draft
April 27, 2021
I. CALL TO ORDER:
Chair Haywood Norton called the meeting to order at 7:00 p.m.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Haywood Norton Maria Harris, Planning Manager
Roger Pearce Dana Smith, Executive Assistant
Lynn Thompson
Lisa Verner
Absent Members: Council Liaison:
Alan Harper Paula Hyatt
Kerry KenCairn
II. ANNOUNCEMENTS
Community Development Director Bill Molnar announced the Commission would hear a continued public hearing on
599 East Main Street and a public hearing on the duplex code amendments at their meeting on May 11, 2021.
The Housing Capacity Analysis and duplex code amendments would go before City Council at their Study Session
on May 17, 2021. At the Planning Commissionpreliminary information on
the possibility of increasing housing on employment lands.
III. PUBLIC FORUM
- None
IV.DISCUSSION ITEMS
A. Code Amendment Options for State of Oregon Middle Housing (Duplex) Requirements
Planning Manager Maria Harris provided a presentation (see attached):
Two Items
Opticos Design, Daniel Parolek
Legislative Timeline
State Middle Housing Requirements
Outcomes of Draft Amendments possibly add info on screen
Definitions of Dwelling Types
ARU Code Changes
Duplex Code Changes
Cope Options
Items for Next Draft
Next Steps
Comments
Legislative Amendment
Commissioner Pearce asked what the land use code issues were converting existing houses to duplexes. Ms. Harris
explained there was nothing in the code that would prohibit converting existing structures to duplexes.
Ashland Planning Commission
April 27, 2021
Page 1 of 2
Commissioner Thompson asked why the Historic Overlay requirements were not added to the ARU use. They were
applicable to single family dwellings and duplexes. Ms. Harris clarified the maximum permitted floor area in the
historic district requirement would apply to a single-family dwelling, ARU, or a duplex in terms of size limitations for
floor area. The Historic District design standards did not apply outright to a single-family home and therefore would
Table 18.2.2.030 Uses Allowed by Zone
not apply to duplexes. Commissioner Thompson noted on page 5 of 73 in
the draft code. The language was applicable to single-family dwellings and duplexes that related to the Historic
District Overlay but did not include ARU use. Ms. Harris would include ARU use and make it clear.
Commissioner Pearce thought the parking management strategies that apply to single-family dwellings should also
apply to duplexes. Ms. Harris agreed. They wanted a conservative approach rather than allowing on-street parking
credits.
Chair Norton thought a main concern was the parking requirement. They could address potential issues with lot
coverage once there were a few projects completed.
Commissioner Verner/Pearce m/s to direct staff to initiate the Type III planning application for an ordinance
amending Chapters 18.2.2, 18.2.3, 18.2.5, 18.3.4, 18.3.5, 18.3.9, 18.3.12, 18.4.2, 18.4.3, 18.5.2, 18.5.7, and 18.6.1
of the Ashland Land Use Ordinance to amend the allowances and requirements for duplexes as required by
House Bill 2001 from the 80 Oregon Legislative Assembly, 2019 Regular Legislative Session.
th
DISCUSSION:Voice Vote: ALL AYES. Motion passed.
Commissioner Pearce read the title into the record.
V. OTHER BUSINESS
None
VI.ADJOURNMENT
Meeting adjourned at 7:33 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
April 27, 2021
Page 2 of 2
TwoItems
LegislativeTimeline
StateMiddleHousingRequirements
OutcomesofDraftAmendments
DefinitionsofDwellingTypes
ARUCodeChanges
DuplexCodeChanges
CodeOptions
ItemsforNextDraft
NextSteps
Comments
LegislativeAmendment
TYPE II
PUBLIC HEARING
CONTINUED
_________________________________
PA-T1-2021-00141
599 East Main
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF PUBLIC HEARING
PLANNING ACTION: PA-T1-2021-00141
SUBJECT PROPERTY: 599 East Main Street
APPLICANT/OWNER: Rogue Planning & Development Services, LLC for
Livni Family Trust (Gil Livni, Trustee)
DESCRIPTION: A request for Site Design Review approval to modify the existing building at 599 East Main Street
including converting the former church to use as office/assembly space and adding a new entry. The application also includes
requests for a Conditional Use Permit as it involves the alteration of an existing non-conforming development where no off-
street parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch
& 12.7-inch DBH) in the park row planting strip along East Main Street. COMPREHENSIVE PLAN
DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX LOT #: 7600
NOTE: The Ashland Historic Commission will review this Planning Action at an electronic public hearing on Wednesday, April 7, 2021 at 6:00
PM. See page 2 of this notice for information about participating in the electronic public hearing.
ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday April 13, 2021 at 7:00 PM
Historic Commission Meeting
Historic Commission
Notice is hereby given that the will hold an electronic public hearing on the above described planning
Historic Commission
action on the meeting date and time shown on Page 1. If you would like to watch and listen to the meeting
virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website
https://www.ashland.or.us/calendar.asp .
Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with
10:00 a.m. on Monday, April 5, 2021
OVER
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx
If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-
April
testimony@ashland.or.us with the subject line
6, 2021.
Written testimony received by these deadlines will be available for Historic and Tree Commissioners to review before the
hearing and will be included in the meeting minutes.
Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic
PC-public-testimony@ashland.or.us by 10:00 a.m. on Monday, April 5, 2021.
meeting, send an email to In order to provide
testimony at the public hearing, please provide the following information: 1) make the subject line of the email
Commission Testimony
, 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4)
specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you
will use if participating by computer or the telephone number you will use if participating by telephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact
-488-6002 (TTY phone number 1-800-735-2900). Notification 72 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 I).
Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described
planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter
Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and
RVTV Prime.
The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, or failure to provide sufficient specificity to afford the decision makers an opportunity
to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to
specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion.
Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient
specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.
Because of the COVID-19 pandemic, application materials are provided online and written comments will be accepted by
email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541)
488-5305 or planning@ashland.or.us.
A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy
of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. Copies of
application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application
materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services
Building, 51 Winburn Way, via a pre-arranged appointment by calling (541) 488-5305 or emailing planning@ashland.or.us.
Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the
April 13 PC Hearing Testimony
a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the subject
April 13 PC Hearing TestimonyApril 13, 2021.
Written testimony received by these
deadlines will be available for Planning Commissioners to review before the hearing and will be included in the meeting
minutes.
Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic
April 13, 2021
meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Tuesday, . In order to
provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email
April 13 Speaker Request
2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you
will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone
number you will use if participating by telephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please
-488-6002 (TTY phone number 1-800-735-2900). Notification 72 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 I). If you have questions or comments concerning this request, please feel free to contact Derek
Severson at 541-488-5305 or Derek.severson@ashland.or.us
SITE DESIGN AND USE STANDARDS (AMC 18.5.2.050)
The following criteria shall be used to approve or deny an application:
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx
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.
CONDITIONAL USE PERMITS (AMC 18.5.4.050.A)
A Conditional Use 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.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f.The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
PERMISSION TO PLANT OR REMOVE STREET TREES (AMC 13.16.030)
The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City
until a permit has been issued by the City Administrator or a duly authorized representative. Applicants for a removal permit may be required to replace the
tree or trees being removed with a tree or trees of comparable value.
If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s)
shall be of a size specified in the permit and no smaller than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate
species selected from and planted according to the Recommended Street Tree List.
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx
Memo
DATE:
May 11, 2021
TO:
Planning Commission
FROM:
Derek Severson, Senior Planner
RE:
PA-T1-2021-00141
599 East Main Street
Request & Background
On April 13, 2021 the Planning Commission opened the public hearing to consider a request for Site
¤ΔΘΘ%- ¨
Design Review approval to modify the xisting building at ast Street by allowing a change in
use from the previous church to a proposed office/assembly use with renovations to include addinga
¤
new ntry. The application also included requests for a Conditional Use Permit to alter the existing non-
conforming development where no off-street parking is available, and for Street Tree Removal Permitsto
%- ¨
removeand replace two Callery Pear street trees along ast Street. New materials were presented
bythe applicant shortly before the hearing begain in the form of a Technical Memo prepared by Sandow
Engineering to address trip generation and parking issues that were raised in the staff report, and the
Commission ultimately continued the hearing to the next regular meeting on May 11, 2021 to allow a
more thorough review and analysis of the new Technical Memo provided.
Additional Information Provided
Since the April meeting, the applicant has also provided a 30-day extension of the timeline and additional
th
written findings incorporating reference to the April 13 Technical Memo.
Written comments were also received from Thaddeus Randall whose mother resides in the notice area at
41 Fifth Street, across Fifth Street from the Fellowship Hall.
Staff Analysis & Recommendation
Technical Memo
ƩźƦ DĻƓĻƩğƷźƚƓ
As illustrated in the table below, the Technical Memo concludes that based on the ITE Trip Generation
th
Manuals, 10 Edition, the proposed office use has less of a trip generation impact to the neighborhood
than either the previous church or the target retail use of the zone.
USE PM PEAK HOUR TRIPS SATURDAY PEAK HOUR TRIPS SUNDAY PEAK HOUR TRIPS
Previous Church А ВВ ЋАЊ
Proposed Office ЊЊ Ћ Њ
Target Retail ЋА ЋЎ ЌА
Department of Community Development
Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
The Technical Memo further notes that with regard to the proposed assembly use, occasional gatherings
would be associated with the office tenant. These would be accessory to and part of the regular operations
of the office tenant, and would only occur a few times a year. The Technical Memo explains that the
target retail use could similarly see occasional gatherings in the form of sales, product launches, holiday
parties, etc. and as such these gatherings accessory to the primary use would be negligible in comparing
the proposed office and target retail uses.
tğƩƉźƓŭ
The Technical Memo provided further looks at the likely distribution of parking demand based on the ITE
th
Parking Generation Manual, 6 Edition, explaining that there is ample on-street parking available within
a comfortable walk of the site. The memo explains that peak demand for the previous church use was
between 9:00 a.m. and 1:00 p.m. on weekends, whereas the proposed office use would typically generate
parking demand between 7:00 a.m. and 7:00 p.m. on weekdays with the peak demand between 11:00 a.m.
and 12:00 noon and again between 4:00 p.m. and 5:00 p.m. There would be little or no parking demand
on weekends for the proposed office use. The target retail use would have parking demand every day,
with a peak between 12:00 noon and 1:00 p.m. The Technical Memo suggests that because the
surrounding uses are largely residential, their periods of peak demand are from 7:00 p.m. to 7:00 a.m. on
weekdays but they also generate consistently high demand on weekends. The memo concludes that the
peak parking demand periods for both the proposed office use and the surrounding residential uses are
effectively offset so as not to be in conflict (i.e. office parking demand is highest when surrounding
residential demand is lowest) whereas the peak retail parking demand overlaps the peak residential
parking demand meaning that the proposed use would be less impactful to the surrounding area in terms
of parking demand than would either the target retail use, or the prior church use.
e Technical Memo supports a finding that in terms of parking and trip generation,
the proposed office use can be found to generate fewer peak hour trips than the target retail use of the
property and to generate peak parking demands which are materially offset from the surrounding
residential neighborhood so that, while the office use is proposed to rely entirely on on-street parking, it
would do so at times when on-street demand from residential uses in the neighborhood is at its lowest and
thus limit the adverse impacts to the surrounding neighborhood.
The applicant has provided additional written findings which incorporate the conclusions of the Technical
Memo.
omments
Thaddeus Randall provided written comments for his 86-year old mother, who lives across Fifth Street
from the subject property. He suggests that the proposal will have a direct impact on his mother and her
home, and expresses concern with the amount of traffic and increase in noise that could be created by the
proposed use, including on-street parking impacts and construction noise. He also questions if the City
will be allowing the property to become commercially zoned. Staff have explained to Mr. Randall that
the property is already zoned C-
office use in light of the potential parking and traffic impacts, as well as other adverse material impacts to
the neighborhood. Staff have also conveyed the allowances for noise associated with construction or
repair of buildings contained in AMC 9.08.170.D.6, which allow construction noise in the city to occur
between 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 6:00 p.m. on weekends and
holidays.
Department of Community Development
Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Staff Recommendation
As initially proposed, the application sought approval to allow the 4,630 square foot building to be used
as office space, with 1,900 square feet of that space to also retain the ability to be used as assembly space
for conferences, trade shows and meetings Consideration of the proposed office space was generally
straightforward, with one off-street parking space required for each 500 square feet of office space the
4,630 square foot building requires ten off-street parking spaces. The issue of assembly use was less clear.
While public assemblywith a parking ratio of one off-street parking space per four seats, there
is no specific parking ratio for a trade show or conference venue, and neither of these uses is listed as
permitted in the C-1 zone. The initial application materials were unclear and at times contradictory,
describing the assembly use as simply accessory to the office use, but suggesting that the property owner
was also seeking to retain the full range of uses permitted within the C-
without providing clear details of the number and frequency of assembly events or the number of potential
lack of support was based on there being insufficient detail to clearly and fully
assess the adverse material impacts of the proposal in getting to a finding that the application satisfied the
Conditional Use Permit criteria.
The Technical Memo and subsequent comments by the applicant during the hearing however make clear
that the proposed assembly use is to be accessory to the office use and associated with the office tenant
rather than separate stand-alone functions, and that any sort of larger office-associated events would occur
no more than once a quarter. W
office and those accessory components that can reasonably be expected with office use, and the clear and
detailed comparison of the parking and trip generation impacts of the proposed office use versus the target
retail use of the property, staff believes that a finding can be made that the proposal satisfies the applicable
criteria for a Conditional Use Permit and merits approval. Staff believes that the proposal is a reasonable
adaptive reuse of the building; that the renovations represent significant improvements to the site and the
building, which sits at a prominent entry point to the historic neighborhood; that the office use is clearly
less impactful than the previous church; and that the Planning Commission could reasonably find that the
proposed office use generates fewer peak hour trips than the target retail use of the property, and generates
peak parking demands which are materially offset from the surrounding residential neighborhood so that,
while the office use relies on on-street parking, it would do so at times when on-street demand from
residential uses in the neighborhood is at its lowest and as such would have less adverse effect on the
impact area, whereas the target retail use would at times have periods of peak parking demand and trip
generation that were in conflict with the periods of peak demand for the neighborhood.
Staff believes that the Commission may however wish to consider the proposed separation of the former
Sanctuary and Fellowship Hall buildings in terms of parking. The church campus has been a non-
conforming development with only three parking spaces in place off of the alley
applicant, who owns the two contiguous parcels,
provide a shared parking agreement so that these spaces continue to be available to serve the parking
demand for both properties. Whether or not the Commission decides to require such a shared parking
agreement, the parking spaces were originally shown in the 1993 Site Review application to be accessed
diagonally off of the alley to allow for a functional back-up movement and were subsequently required to
include a handicapped accessible space with appropriate signage and accessible route as part of the
building permit approvaling perpendicular
to the alley, and given limited back-up space and the lack of striping, staff have observed multiple
occasions where the spaces function on site as a single parallel space. The required accessible space has
not been installed. A condition is therefore recommended to require that the spaces be better delineated
Department of Community Development
Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
to correspond to the approved diagonal configuration illustrated in PA-1993-00123, and that the accessible
parking space with signage and accessible route required in the subsequent 1994 building permit be
providedif required under current building codes.
Department of Community Development
Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
DRAFT - BEFORE THE PLANNING COMMISSION DRAFT
May 11, 2021
IN THE MATTER OF PLANNING ACTION #PA-T1-2021-00141, A REQUEST FOR )
SITE DESIGN REVIEW APPROVAL TO MODIFY THE EXISTING BUILDING AT )
599 EAST MAIN STREET INCLUDING CONVERTING THE FORMER CHURCH TO )
A MODERN OFFICE BUILDING AND ADDING A NEW ENTRY . THE APPLI- )
CATION ALSO INCLUDES REQUESTS FOR A CONDITIONAL USE PERMIT AS IT )
DRAFT
INVOLVES THE ALTERATION OF AN EXISTING, NON-CONFORMING DEVELOP-)
FINDINGS,
MENT WHERE NO OFF-STREET PARKING IS AVAILABLE, AND STREET TREE )
) CONCLUSIONS,
REMOVAL PERMITS TO REMOVE AND REPLACE TWO CALLERY PEAR STREET
& ORDERS
TREES (10.2-INCH AND 12.7-INCH DIAMETER AT BREAT HEIGHT) IN THE PARK )
ROW PLANTING STRIP ALONG EAST MAIN STREET. )
)
APPLICANT/OWNERS:
Rogue Planning & Development Services, LLC/ )
Livni Family Trust (Gil Livni, trustee) )
)
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot #7600 of Map 39 1E 09AC is located at 599 East Main Street and is zoned C-1
(Commercial). The property is also within the Ashland Railroad Addition Historic District, the Detail Site
Review and the Wildfire Lands overlay zones.
¤
2) The applicant is requesting Site Design Review approval to modify the xisting building
ΔΘΘ%- ¨
at ast Street including converting the former church to use as office space and adding a
¤
new ntry. The application also includes requests for a Conditional Use Permit as it involves the
¤
alteration of an xisting non-conforming development where no off-street parking is available, and
Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch
%- ¨
DBH) in the park row planting strip along ast Street. The proposal is outlined in plans on file at
the Department of Community Development.
AMC 18.5.2.050
3) The approval criteria for Site Design Review approval are detailed in as
follows:
Underlying Zone:
A. 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.
Overlay Zones:
B. The proposal complies with applicable overlay zone requirements (part 18.3).
Site Development and Design Standards:
C. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
City Facilities:
D. 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
PA-T1-2021-00141
May 11, 2021
Page 1
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
Exception to the Site Development and Design Standards.
E. 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.
4) The approval criteria for a Conditional Use Permit are detailed in AMC 18.5.4.050.A as follows:
1. That the use would be in conformance with all standards within the zoning district
in which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or
Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the
livability of the impact area when compared to the development of the subject lot
with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below.
When evaluating the effect of the proposed use on the impact area, the following
factors of livability of the impact area shall be considered in relation to the target
use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental
pollutants.
PA-T1-2021-00141
May 11, 2021
Page 2
e.Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Plan.
g. Other factors found to be relevant by the approval authority for review of the
proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is
not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity
with the approval criteria of this subsection, the target uses of each zone are as
follows.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base
Zones and Allowed Uses, developed at an intensity of 0.35 floor to area
ratio, complying with all ordinance requirements; and within the Detailed
Site Review overlay, at an intensity of 0.50 floor to area ratio, complying
with all ordinance requirements.
5) Non-conforming developments are discussed in the Ashland Municipal Code in AMC
18.1.4.040 as follows:
A. Exempt Alterations. Repair and maintenance of a nonconforming development
(e.g., paved area, parking area, landscaping) are allowed subject to approval of
required building permits if the development is not enlarged or altered in a way
that brings the nonconforming site less in conformity with this ordinance. See
also, section 18.3.11.050 related to nonconforming uses in Water Resource
Protection zones.
B. Planning Approval Required. A nonconforming development may be enlarged
or altered subject to approval of a Conditional Use Permit under chapter
18.5.4 and approval of required building permits, except that a planning action is
not required for exempt alterations described in subsection 18.1.4.040.A, above,
and for non-residential development subject to subsection 18.4.2.040.B.6.
C. Roadway Access. The owner of a nonconforming driveway approach or access
to a public street or highway, upon receiving land use or development approval,
may be required as a condition of approval to bring the nonconforming access
into conformance with the standards of the approval authority.
D. Destruction. A legal nonconforming development that is damaged by means
catastrophe, to an extent of 50 percent or more of its replacement cost, may be
PA-T1-2021-00141
May 11, 2021
Page 3
restored or reconstructed within the originalthree-dimensional building envelope
(i.e., relative to coverage, height, setbacks, and other dimensions of the
developed area) provided the nonconformity shall not increase.
6) The permission to plant or remove street trees within public right-of-way is considered a
ministerial action, and is discussed in AMC 13.06.030 as follows:
The City encourages the planting of appropriate trees. No trees shall be planted in or
removed from any public planting strip or other public property in the City until a permit
has been issued by the City Administrator or a duly authorized representative.
Applicants for a removal permit may be required to replace the tree or trees being
removed with a tree or trees of comparable value.
If the tree is determined to be dead or dying, then the replacement need be no larger
than the minimum described in this chapter. The replacement tree(s) shall be of a size
specified in the permit and no smaller than eight feet in height or one inch in caliper 12
inches above root crown and shall be an appropriate species selected from and planted
according to the Recommended Street Tree List.
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 submitting written testimony by e-mail or other electronic methods that the public body can
consider in a timely manner. The subsequently adopted House Bill #4212 further authorized governing
bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or
through other electronic or virtual means.
8) The Planning Commission, following proper public notice, held an electronic public hearingon
April 13, 2021. In keeping with Executive Order #20-16 and subsequent House Bill #4212, 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 seven days prior to the hearing. Those wishing to
provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed the
mailed and posted notices, and all written testimony received by the established deadlines was made
available for Commissioners to review before the hearing and was included in the meeting minutes. In
addition, those wishing to participate during the hearing could arrange to provide oral testimony by
making arrangements to do so in advance of the meeting.
PA-T1-2021-00141
May 11, 2021
Page 4
Prior to the closing of the public hearing on April 13, the Planning Commission continued the hearing to
their next regular meeting on May 11, 2021 at 7:00 p.m. to allow for further review and analysis of a
Technical Memo from Sandow Engineering which was submitted into the record by the applicant shortly
before the hearing began.
The Planning Commission reconvened the electronic public hearing on May 11, 2021 at which time written
testimony submitted in advance of the hearing was considered and new oral testimony was presented.
Following the closing of the public hearing and the record, the Planning Commission considered the
materials received and testimony presented and approved the project, subject to a number of conditions
pertaining to the appropriate development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used:
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS & CONCLUSIONS
2.1 The Planning Commission finds that it has received all information necessary to make a decision
based on the application materials, staff report, public testimony and exhibits received.
2.2 The Planning Commission finds that the proposal for Site Design Review, Conditional Use Permit
and Street Tree Removal Permit approvals meets all applicable criteria for Site Design Review described
in AMC 18.5.2.050, for a Conditional Use Permit described in AMC 18.5.4.050.A., and for a Street Tree
Removal Permit described in AMC 13.06.030.
2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site
Design Review approval.
The Planning Commission finds that the application involves a new addition in the C-1 zone, and as
such requires Site Design Review approval as required in AMC 18.5.2.020.A.1. The Planning
Commission further finds that because the building and site improvements are already in place, the
requested Site Design Review is largely limited to consideration of the proposed changes as they relate
PA-T1-2021-00141
May 11, 2021
Page 5
to the applicable criteria and standards. The changes proposed include the addition of a new entry at the
corner, changes to the exterior treatment of the existing building, and the removal and replacement of
the rear stairs and creation of a new rear entry and courtyard space, as well as a proposed interior remodel
and change of use.
The first approval criterion for Site Design Review approval 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
The Planning Commission finds that the building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage and building height are existing conditions
which are not changing with the current proposal. The Planning Commission further finds that the
, as the new corner addition with
an atrium and storefront entry creates a stronger orientation the corner as sought in the Building
Placement, Orientation and Design Standards.
The second approval criterion deals with overlay zones, and requires that,The proposal complies with
The Planning Commission finds that the property
is located within the Detail Site Review, Ashland Railroad Addition Historic District, and Wildfire
Lands overlay zones.
The Detail Site Review overlay requires that the application address the Detail Site Review Standards
in AMC 18.4.2.040.C. Buildings are required to have a minimum floor area ratio of at least 0.50. In
this instance, the subject property is 3,484 square feet in area and a floor area of at least 1,742 square
represents a floor area ratio of approximately 1.32, more than satisfies the minimum floor area ratio
requirement. The Commission further finds that more than 20 percent of the wall area facing the street
is provided in windows and doorways, that there are no blank walls, and that there are substantial
changes in relief on the surface of the existing building. The proposal here improves relief and
fenestration, and adds a new roof extension to provide pedestrian coverage from the rain and sun at the
entry.
Where proposed buildings are greater than 10,000 square feet in gross floor area or contain more than
100 feet of building frontage, the Additional Standards for Large Scale Projects in AMC 18.4.2.040.D
must also be addressed. The Planning Commission finds that in this instance, the existing building is
less than 10,000 square feet in gross floor area and does not have frontages of more than 100 feet, and
as such is not subject to the Additional Standards for Large Scale Projects.
The Historic District Development Standards and Historic Commission review are discussed under part
18.4 below.
The Planning Commission further finds that the subject property is located within the Wildfire Lands
overlay zone, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification
Area requirements in AMC 18.3.10.100.A.2 must be provided for the review of the Fire Marshal prior
PA-T1-2021-00141
May 11, 2021
Page 6
to bringing combustible materials onto the property, and any 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. A condition to this effect has been included below.
Based on the foregoing, the Planning Commission finds that this first criterion is satisfied.
The proposal
complies with the applicable Site Development and Design Standards of part 18.4, except as provided
The Building Placement, Orientation and Design Standards for Non-Residential Development seek
buildings with their primary orientation to the street, and where located at a corner this orientation is to
be to the corner or the higher order street and should include a public entrance to the street with access
from the public sidewalk. The Planning Commission finds that the proposed new entry addition
establishes a much stronger orientation to the corner as envisioned in the standards. In addition, the
standards require the planting of street trees according to city standards along street frontages, and here
the Commission finds that the applicant has proposed to remove trees which are not thriving in the
location and to plant better selected specimens in their place.
The Detail Site Review overlay requires that the application address the Detail Site Review Standards
in AMC 18.4.2.040.C. Buildings are required to have a minimum floor area ratio of at least 0.50. In
this instance, the subject property is 3,484 square feet in area and a floor area of at least 1,742 square
feet is required. The Planning Commission fin
represents a floor area ratio of approximately 1.32, more than satisfies the minimum floor area ratio
requirement. The Commission further finds that more than 20 percent of the wall area facing the street
is provided in windows and doorways, that there are no blank walls, and that there are substantial
changes in relief on the surface of the existing building. The Commission finds that the proposal here
improves relief and fenestration, and adds a new roof extension to provide pedestrian coverage from the
rain and sun at the entry.
Where proposed buildings are greater than 10,000 square feet in gross floor area or contain more than
100 feet of building frontage, the Additional Standards for Large Scale Projects in AMC 18.4.2.040.D
must also be addressed. The Planning Commission finds that in this instance, the existing building is
less than 10,000 square feet in gross floor area and does not have frontages of more than 100 feet, and
as such is not subject to the Additional Standards for Large Scale Projects.
In its review of the proposal for compliance with the Historic District Development Standards of AMC
18.4.2.050, the Ashland Historic Commission had three specific recommendations. The Historic
in AMC 18.4.2.050.B.8,
noting that, A clearly defined base, or platform characteristic of historic buildings in the immediate
vicinity (is recommended, and) walls that appear to rise straight out of the ground without a distinct
platform or base at the ground level (are to be avoided) With regard to the base or platform standards,
the Historic Commission recommended that one of the following design options be pursued:
PA-T1-2021-00141
May 11, 2021
Page 7
Provide detail demonstrating that the
SD-4.1, SD-4.2 and SD-
a heavier weight than shown on the application
submittals. Extend the brick base around the back corner of the building on the Fifth Street side
(i.e. the northwest corner) for at least a column width.
Rather than extending veneer brick claddingon the Fifth Street side of the building, use it
to accent the front entry and end the brick at the north side of the main entrance facing the
intersection of East Main and Fifth Streets. Brick should be used on the east side of the tower
as shown in the revised elevation SD-
and a heavier weight than shown on the application submittals.
Retain stucco as the base material rather than adding the eneer brick cladding.
With regard to rehabilitations of historic buildings and additions, the standards in AMC 18.4.2.050.C.2.g
Replacement windows in historic buildings shall match the original windows. Windows
in new additions shall be compatible in proportion, shape and size, but not replicate original windows
in the historic building.
revised elevations, including on the east
side of the building (SD-4.1) unless modifications to this elevation are prohibited by building code due
to the proximity to the property line.
Replacement finishes
on exterior walls of historic buildings shall match the original finish. Exterior finishes on new additions
to historic buildings shall be compatible with, but not replicate, the finish of the historic building
Diagonal and vertical siding shall be avoided on new additions or on historic
buildings except in those instances where it was used as the original siding and Imitative
materials including but not limited to asphalt siding, wood textured aluminum siding, and artificial stone
shall be avoided (C.2.f.). The Historic Commission recommended that all siding be replaced as shown
on revised elevations using Hardie® lap siding with a seven-inch exposure, including the east side of
the building (SD-4.1) unless modifications to this elevation are prohibited by building code due to the
proximity to the property line.
In considering the proposal, the Historic Commission expressed their appreciation that the applicant had
added a was
initially discussed with the Commission, and commended the applicant both for the proposed design
and for the efforts being made to remodel and repurpose a historic structure that has been significantly
modified over time. The recommendations of the Historic Commission have been incorporated as
requirements in the conditions of approval attached hereto.
Based on the foregoing, the Planning Commission concludes that the proposal complies with the
applicable Site Development and Design Standards for part 18.4.
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
PA-T1-2021-00141
May 11, 2021
Page 8
Water, sanitary
sewer, electric and stormwater facilities are in place from the Fifth Street right-of-way and presently
serve the building, and both East Main Street and Fifth Streets are public streets which are improved
with paving, curb, gutter, sidewalk, storm drain, and park row planting strips in place, with street trees
in place or to be replaced in conjunction with the current proposal. The Planning Commission finds that
there are public facilities in place to serve the existing building, and that no changes to the property are
proposed which would further impact public facilities. The Commission concludes that this criterion
has been satisfied.
Exception to the Site Development and
Design StandardsThe application has requested no exceptions, and as such this criterion does not
apply.
As detailed above, the Planning Commission concludes that the proposal satisfactorily addresses the
requirements for Site Design Review approval.
2.5 The Planning Commission finds that the existing development of the property is considered a
non-conforming development as detailed in AMC 18.1.4.010.C. The existing buildings on the subject
Tax Lot #7600 and the adjacent Tax Lot #7500, which is not part of the current request, have previously
been used as a church which held weekly services with seating for up to 244 churchgoers. The required
off-street parking ratio for a religious institution is one off-street parking space per four seats, and as
such 244 seats would require 61 off-street parking spaces. There are no off-street parking spaces
available on the subject Tax Lot #7600. AMC 18.1.4.040.A provides that repair and maintenance of
non-conforming developments where the development is not altered in a way that brings the
development less into conformity with standards is exempt from land use review, but that the
enlargement or alteration of a non-conforming development is subject to Conditional Use Permit
approval. The Planning Commission finds that the non-conforming development is being altered here
beyond repair and maintenance both by the change in use from the previous church to the proposed
office, and by separating the two contiguous tax lots which together have made up the church campus
since 1993 and instead seeking to consider the future use of each tax lot separately. As such, the request
is subject to Conditional Use Permit approval. The Planning Commission finds that the proposal
satisfies the applicable criteria specific to a Conditional Use Permit.
The first criterion for That the use would be in conformance
with all standards within the zoning district in which the use is proposed to be located, and in
conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or
The proposed office use is an outright permitted use within the C-1 district
Uses Allowed by Zone The Planning Commission finds that
the proposed change of use is in keeping with the standards of the district but is more in line with
employment generation sought within the zone, supports preserving a historic building, conserves
energy and materials versus demolishing the existing structure to reconstruct a smaller building with
off-street parking on site, and is in keeping with the goals and policies of the Economic Element of the
Comprehensive Plan in terms of seeking to ensure the local economy increases its health and
diversifies the number, type and size of businesses consistent with the local social needs, public service
PA-T1-2021-00141
May 11, 2021
Page 9
capabilities, and the retention of a high-quality environment (Goal 7.07.03)
The second criterion for Conditional Use Permit That adequate capacity of City facilities
for water, sewer, electricity, urban storm drainage, paved access to and throughout the development,
As discussed in 2.4
above, water, sanitary sewer, electric and stormwater facilities are in place and serve the building from
the adjacent Fifth Street right-of-way, and both East Main Street and Fifth Streets are public streets
which are improved with paving, curb, gutter, sidewalk, storm drain, and park row planting strips in
place, with street trees in place or to be replaced in conjunction with the current proposal. The Planning
Commission finds that there are public facilities in place to serve the existing building, and that no
changes to the property are proposed which would further impact public facilities. The Commission
concludes that this criterion has been satisfied.
The third approval criterion is, That the conditional use will have no greater adverse material effect
on the livability of the impact area when compared to the development of the subject lot with the target
use of the zone, pursuant with subsection 18.5.4.050.5, below. When evaluating the effect of the proposed
use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone: a. Similarity in scale, bulk, and coverage; b. Generation of traffic
and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities; c. Architectural compatibility with the impact area; d.
Air quality, including the generation of dust, odors, or other environmental pollutants; e. Generation
of noise, light, and glare; f. The development of adjacent properties as envisioned in the Comprehensive
Plan; and g. Other factors found to be relevant by the approval authority for review of the proposed
The Planning Commission finds that, as illustrated in the table below, the application includes a
Technical Memo from Sandow Engineering which assesses the trip generation for the previous church
th
use, proposed office use and target retail use using the ITE Trip Generation Manuals, 10 Edition and
concludes that the proposed office use has less of a trip generation impact to the neighborhood than
either the previous church or the target retail use of the zone.
USE PM PEAK SATURDAY PEAK SUNDAY PEAK
HOUR TRIPS HOUR TRIPS HOUR TRIPS
Previous Church А ВВ ЋАЊ
Proposed Office ЊЊ Ћ Њ
Target Retail ЋА ЋЎ ЌА
The Commission further finds that the Technical Memo and subsequent clarifications by the applicant
make clear that the assembly component of the proposed use will be limited to occasional gatherings
that would be associated with the office tenant, accessory to and part of the regular operations of the
office tenant, and would only occur a few times a year. The Technical Memo explains that the target
retail use could similarly see occasional gatherings in the form of sales, product launches, holiday
parties, etc. and as such these assemblies allowed as accessory to either primary use would be negligible
in comparing the proposed and target uses.
PA-T1-2021-00141
May 11, 2021
Page 10
th
of parking demand based on the ITE Parking Generation Manual, 6 Edition. Sandow explains that
there is ample on-street parking available within a comfortable walk of the site, and goes on to detail
that the peak parking demand for the previous church use was between 9:00 a.m. and 1:00 p.m. on
weekends, whereas the proposed office use would typically generate parking demand between 7:00 a.m.
and 7:00 p.m. on weekdays with the peak demand between 11:00 a.m. and 12:00 noon and again between
4:00 p.m. and 5:00 p.m. There would be little or no parking demand on weekends for the proposed
office use. The target retail use would have parking demand every day, with a peak between 12:00 noon
and 1:00 p.m. The Technical Memo goes on to note that because the surrounding uses are largely
residential, their periods of peak demand are from 7:00 p.m. to 7:00 a.m. on weekdays but they also
generate a consistently high demand on weekends. The memo concludes that the peak parking demand
periods for the proposed office use and the surrounding residential uses are effectively offset so as not
to be in conflict (i.e. office parking demand is highest when surrounding residential demand is lowest)
whereas the peak retail parking demand overlaps the peak residential parking demand meaning that the
proposed office use would be less impactful to the surrounding area in terms of parking demand than
would either the target retail use, or the prior church use.
The Planning Commission finds that in terms of parking and trip generation, the proposed office use
will generate fewer peak hour trips than the target retail use of the property and its peak parking demand
periods are materially offset from the surrounding residential neighborhood so that, while the office use
for this nonconforming development relies on on-street parking, it would do so largely when on-street
demand from residential uses in the neighborhood is at its lowest and would thus limit the adverse
impacts in the impact area.
The Planning Commission further finds that the church campus, consisting of the sanctuary building
along East Main Street and the Fellowship Hall behind in along Fifth Street, has long been a non-
conforming development in terms of off-street parking and that only three off-street parking spaces have
that , remain connected
through this non-needs
to be remain available to off-set the parking demand of both properties in order to limit, to the extent
possible, the impacts to the surrounding neighborhood. A condition has been included below to require
that the applicant provide a shared parking agreement for recording which insures that these parking
spaces will remain available to serve the demand of both buildings.
The Commission further finds that while these three parking spaces were shown in PA-1993-00123 to
be accessed diagonally off of the alley to allow for a functional back-up movement and were
subsequently required to include a handicapped accessible space with appropriate signage and accessible
route as part of the building permit approval, the accessible space was not provided and the spaces are
not clearly marked to ensure their functionality.
as being perpendicular to the alley, but in observation on site the three spaces seem to be used instead
as a single parallel space which is likely in response to the lack of striping and inadequate back-up area.
The Planning Commission finds that for these spaces to function properly, they need to be clearly
delineated on site as diagonal to the alley and a condition is therefore included to require that the spaces
PA-T1-2021-00141
May 11, 2021
Page 11
be better delineated to correspond to the diagonal configuration illustrated in PA-1993-00123, and that
the accessible parking space with signage and accessible route required in the subsequent 1994 building
permit be provided if required under current building codes.
The Planning Commission finds that in terms of architectural compatibility with the impact area, the
building has been a fixture in the neighborhood for decades, and the current request which includes new
exterior treatments and a new entry addition to establish a much better relationship with the pedestrian
streetscape, is supported by the Ashland Historic Commission and represents a substantial improvement
that will benefit the immediate neighborhood and surrounding historic district. The Historic
Commission commended the applicant for the design and for the effort to remodel and repurpose a
historic building that had seen significant modifications over time.
The Planning Commission notes that one neighbor had expressed concern with noise, and specifically
with construction noise. The Commission finds that the proposed office use is likely to have no more
impact in terms of noise, light, glare or air quality than would have been generated by the previous
church or target retail uses, and if anything would be less impactful. The Commission further finds that
construction noise is governed by AMC 9.08.170.D.6, which allow construction noise in the city to
occur between 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 6:00 p.m. on weekends
and holidays, and that the current proposal or any work which might be done on the subject property
without the need for land use approval would be limited to the same parameters.
The fourth approval criterion is that,
or one that is not permitted pursuant The Planning Commission finds that the
proposed office use is an outright permitted use within the C-1 district as detailed in AMC Table
18.2.2.030.E Uses Allowed by Zone
The final criterion notes that, reviewing conditional use permit applications for
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses,
developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and
within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
The Planning Commission finds that the subject property is located with the
C-1 zoning district and the Detailed Site Review overlay, and as such the target use of the property for
the purpose of reviewing the conditional use permit application is general retail commercial use
developed at an intensity of 0.50 floor to area ratio which equates to 1,742 square feet of retail space
for the 3,484 square foot lot. The Commission further finds that 1,742 square feet of retail space would
require five off-street parking spaces (1,742 sq. ft./1 parking space per 350 sq. ft. = 4.977 parking
spaces).
2.6 The Planning Commission finds that the application proposes to remove and replace two Callery
Pear (Pyrus calleryana) street trees in the park row planting strip along East Main Street. The
Commission further finds that Street Tree Removal Permits are generally a ministerial action as they are
not considered to require the exercise of substantial discretion and are regulated through AMC Section
13.06 rather than the Land Use Ordinance. The Street Tree Removal Permit request is included here as
PA-T1-2021-00141
May 11, 2021
Page 12
Consolidated Review Procedures
a project proposal at one time. The Planning Commission finds that the Ashland Tree Commission has
reviewed the request and noted that while the tree removals were not requested based on the trees being
hazardous, dead or in immediate danger of collapse, the trees here have been in place for more than 30
years and have not shown substantial growth over that time. In addition, Callery Pears are described by
the applicant as a poor landscape choice in a valley that has a commercial pear-growing industry where
poorly maintained trees could become a vector for pests or disease. As such, the Tree Commissioners
supported the request provided that the removals were mitigated within 12 months with two-inch caliper
Acer x freemanii
varsAcer rubrum
trees. The Planning Commission concludes that the Street Tree Removal Permit request here merits
approval, and has incorporated the recommendations of the Tree Commission into a condition of this
approval.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the proposal for Site Design Review and Conditional Use Permit approval to modify the existingnon-
conforming development at 599 East Main Street by converting the former church sanctuary building to
a modern office building is supported by evidence contained within the whole record.
The Planning Commission finds that the proposal represents a reasonable adaptive reuse of the building;
that the renovations represent a significant improvement to the site and the building, which sits at a
prominent entry point to the historic neighborhood; that the proposed office use will be less impactful
than the previous church; that the office use will generate fewer peak hour trips than the target retail use
of the property; and that the office use will generate peak parking demands which are materially offset
from the surrounding residential neighborhood so that, while the office use relies on on-street parking,
it will do so at times when on-street demand from residential uses in the neighborhood is at its lowest to
lessen the adverse effect on the impact area.
The Planning Commission concludes that the proposal 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-T1-2021-00141. Further, if any one or more of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #PA-T1-2021-
00141 is denied. The following are the conditions and they are attached to the approval:
1.All proposals of the applicant shall be conditions of approval unless otherwise modified herein,
including but not limited to that any assembly use shall be accessory to the office use and that
larger office-associated events shall occur no more than once per quarter.
2.The plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
PA-T1-2021-00141
May 11, 2021
Page 13
this Site Design Review approval shall be submitted and approved prior to issuance of a building
permit.
3.Any new addresses shall be assigned by City of Ashland Engineering Department.
4.Permits shall be obtained from the Ashland Public Works Department prior to any work in the
public right of way.
5.The windows on the ground floor shall not be tinted so as to prevent views from into the interior
of the building
6.The front entrance at the corner of East Main and Fifth Streets shall remain functional and open
to the public during all business hours.
7.No signage or fencing is approved with this application. Sign and fence permits shall be obtained
prior to installation of any new signage or fencing. All signage shall meet the requirements of
Chapter 18.4.7, and all fencing shall meet the requirements of Chapter 18.4.4.060.
8.The Ashland Tree Commission
Tree Removal Permit request, including that the two pear tree removals shall be mitigated with
two-inch caliper replacement trees selected to achieve a large stature at maturity, such as
Acer x freemanii varsAcer rubrum
irrigation be provided for the mitigation trees.
9.That the Conditional Use Permit approval is limited to the office use described. Any change in
use which alters parking or trip generation beyond that described herein, or otherwise changes
the way the non-conforming development relates to applicable standards, shall be required to
obtain Conditional Use Permit approval as a new application.
10.The parking spaces off of the alley behind the Fellowship Hall shall be clearly delineated on site
as diagonal spaces with striping, pavers, landscaping and/or signage, as originally approved in
PA-1993-00123, to provide a functional back-up space which incorporates the alley width. In
addition, the accessible parking space with signage and accessible route which was required with
approval of the 1994 building permit to construct the Fellowship Hall shall be provided if
required under current building codes.
11.The applicant shall provide an agreement for recording which provides for the shared use of
these diagonal spaces off of the alley by the uses on both properties.
12.That the building permit submittal shall include:
a.Identification of all easements, including but not limited to any public and private utility
easements.
b.Final electric service, utility and civil engineering plans including grading, erosion
control and drainage. 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. Any required private or public utility easements shall be delineated on the
civil plans. All civil infrastructure shall be installed by the applicants, inspected and
approved prior to final inspection/occupancy approval.
c.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.
PA-T1-2021-00141
May 11, 2021
Page 14
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.
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
(i.e., curb gutter at public street, public storm pipe or 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. 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.
e.Final site lighting details including the fixture type, placement and any measures
necessary to avoid directly illuminating adjacent properties (down-directed placement,
shrouding, etc.).
f.The requirements of the Ashland Fire Department relating to approved addressing;
commercial fire apparatus access; a firefighter access pathway; fire flow; hydrant
installation, distance, spacing and clearance; fire work area; applicable fire sprinkler
requirements; fire department connection; key box; extinguishers; limitations on
obstructions to fire access; and wildfire hazard area requirements shall be satisfactorily
addressed in the permit submittals.
g.A Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 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
adopted with Resolution #2018-028.
h.A Tree Protection Plan consistent with the standards described in AMC 18.4.5 addressing
protection of the existing street trees along Fifth Street shall be submitted for review and
approval by the Staff Advisor prior to the issuance of a building permit. The plan shall
identify the location and placement of fencing around the drip lines of the street trees to
be retained. Tree protection fencing shall be installed according to the approved plan,
inspected and approved prior to any site work including demolition, staging or storage of
materials.
i.The building permit submittals shall verify that the bicycle parking, spacing and coverage
requirements are met in accordance with 18.4.3.070.I. Inverted U-racks shall be used for
the bicycle parking, and all bicycle parking shall be installed in accordance with design
and rack standards in 18.4.3.070.I and J, inspected and approved by the Staff Advisor
prior to the issuance of the certificate of occupancy.
j.Exterior building materials and paint colors shall be compatible with the surrounding
area and consistent with those illustrated in the application, and sample exterior building
colors shall be provided with the building permit submittals for review and approval of
the Staff Advisor. Very bright or neon paint colors shall not be used in accordance AMC
18.4.2.040.C.4.b.
PA-T1-2021-00141
May 11, 2021
Page 15
k.That the building permit submittals shall incorporate the recommendations of the
Ashland Historic Commission, including that:
i.For the base of the building, one of the following three options:
Provide detail demonstrating that the
on the revised elevations SD-4.1, SD-4.2 and SD-4.3 will fit properly
around the window and door
to be more substantial and a heavier weight than shown on the
application submittals. Extend the brick base around the back corner
of the building on the Fifth Street side (i.e. the northwest corner) for
at least a column width.
Rather than extending veneer brick claddingon the Fifth Street
side of the building, use it to accent the front entry and end the brick
at the north side of the main entrance facing the intersection of East
Main and Fifth Streets. Brick should be used on the east side of the
tower as shown in the revised elevation SD-
on the application submittals.
Retain stucco as the base material rather than adding the eneer brick
cladding.
ii.Replace all windows with True Divided Light Clad Windows shown on revised
elevations including the east side of the building (SD-4.1) unless prohibited by
building code (e.g. due to proximity to property line).
iii.Replace all siding as shown on revised elevations (i.e. Hardie® lap siding with
seven-inch exposure) including the east side of the building (SD-4.1) unless
prohibited by building code (e.g. due to proximity to property line).
13.That prior to the final inspection approval or issuance of a certificate of occupancy:
a.Utility installations and the planting of two irrigated street trees to replace the removed
pear trees along the East Main Street frontage shall be completed, inspected and approved
by the Staff Advisor.
b.Trash and recycling facilities and associated screening shall be installed in accordance
with the Recycling and Refuse Disposal Areasprior to
the issuance of a certificate of occupancy or final inspection approvals. An opportunity
to recycle site of equal or greater size than the solid waste receptacle shall be provided.
c.That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
d.That the bicycle parking facilities shall be installed according to the approved plan,
inspected and approved by the Staff Advisor. The approved bicycle parking plan
includes three inverted U-racks at the rear of the building.
PA-T1-2021-00141
May 11, 2021
Page 16
May 11, 2021
Haywood Norton, Chair Date
Planning Commission Approval
PA-T1-2021-00141
May 11, 2021
Page 17
Magnolia Fine Homes
599 EAST MAIN STREET
Additional findings addressing Conditional Use Permit for the use
April 26, 2021
ADDITIONALFINDINGS
Site Design Review andConditional Use Permit Review
For Exterior Modifications to a
Non-Contributing Historic Structure
Property Owner: Livni Family Trust
453 Tucker Street
Ashland, OR 97520
Applicant:Rogue Planning & Development Services, LLC
Amy Gunter
1314-B Center Dr., PMB 457
Medford, OR 97501
Architect: Ron GrimesArchitecture
14 N Central Ave. Suite 106
Medford, OR 97501
Subject Property
Property Address: 599 East Main Street
Map & Tax Lot: 39 1E 09AC; Tax lot 7600
Comprehensive
Plan Designation: Commercial
Zoning: C-1
Adjacent Zones: C-1, R-2
Railroad Historic District
Request:
Request for Site Design Review to modify the exterior of the historic, non-contributing structure at the
northeast corner ofEast Main Street and FifthStreet ton convert it to a modern officebuilding. A new
entry addition to the East Main and Fifth Street façade of the structure is proposed. This new entry is to
provide an atrium-like lobby area for the modernized former church structure.
The primary focus of the proposal are the substantial alterations the exterior of the structure to remove
an unsightly and poorly constructed addition and materials, and construct a commercial building scale
and design appropriate, pedestrian oriented entry area. Additionally, there are substantial interior
changes and structural modifications to the building are necessary. The proposed interior improvements
to fire, life, and safety with the installation of a fire suppression system, improvements to the restrooms
Page 1 of 8
to provideaccessibilityand function, and through the installation of energy efficiency upgrades to the
HVAC and electrical systems.
The existing site development site does not currently comply with several applicable site development
standards including parking requirements. The addition of the pedestrian-oriented entry area is
considered an expansion of a site that does not comply with the standards; thus, the construction also
necessitates a Conditional Use Permit. The use of the site as general office and assembly is the same
intensity or less occupancy than the church's occupancy rating thus not triggering a variance to parking
as none exists and the proposal does not alter this.
The use of commercial property as a commercial use in the zone will
not have a greater adverse effect on the livability of the immediate
impact area which is primarily commercially zoned. The proposal is to
modify the area of the building through the removal of a portion of
the building at the rear and to provide a pedestrian entrance lobby
area on the East Main and Fifth Street frontage. The property has no
parking and the modification to the non-conforming site necessitates
a conditional use permit.
The target use of the zone for thesite isa 1,742 squarefoot retail
Figure 1: Zoning Map
establishment.A retail structure of 1,742 would require 4.9 or five (5)
parking spaces (1,742/350 = 4.97).According tothe recent
transportation memo from Sandow Engineering, a retail
establishment also generates an estimated 27 PM Peak Hour trips
and 25 Saturday Peak Hour trips. The proposed office generates 11
PM Peak Hour trips and 2 (two) Saturday Peak Hour trips. Sunday
Peak hour trips are estimated at 37 for the permitted use and 1 (one)
for the office use.
The impact area is 200-feet from the property boundaries, there are
Figure 2: Impact Area
eight residential properties and 13 commercially zoned properties.
This document serves as clarification and additional findings of fact addressing the criteria from the
Ashland Municipal Code for the Conditional Use Permit request is found on the following pages.
Page 2 of 8
CriteriafromtheAshlandLandUseOrdinance
ADDITIONAL FINDINGS ADDRESSING CONDITIONAL USE PERMIT APPROVAL CRITERIA
The subject property at 599 E Main Street is noted as a church since at least the 1911 Sanborn Fire
Insurance Map publication. The 4,628 square foot, two-story structure includes a daylight basement. The
structure has been in the same location and generally the same shape, orientation, scale, and massing
since the earliest maps and photos. There is limited information in the public record of what the church
exterior looked like before the 1970s. The existing site development occurred before the creation of the
land use ordinance.
Thenon-conformingdevelopmentisnotincreasingwiththeproposal,sitedevelopmentstandardssuchas
orientationandbicycleparkingwillbeprovidedthusincreasingconformity.On-siteparkinghasnever
beenprovidedinconjunctionwiththedevelopmentofthesiteandtheproposeduseofthestructureasan
office suite with assembly space will not provide parking. This is not an increase in the non-conforming
situation of the site.
The structure is considered a historic, non-contributing structure according to the Historic Resources
Assessment of the Railroad Historic District. Exterior modifications to Historic Contributing Structures
require Site Design Review. No expansions, enlargements, or changes of use are proposed with the
application.
Theproposal seeksto rehabilitate the structure andto modifythe front façade by installing anew
commercial store style entrywithdouble front doors at the grade of the public sidewalk. New horizontal,
lap siding, and new windows are also proposed to be added. The Fifth Street façade will remain generally
as is with new siding and replacing thesmooth cementfinishwitha redbrick façade treatment. The
existing windows on the east and west elevations are proposed to be retained. These windows are large,
with sandwiched divided light. New windows to match the size, shape, and style of the existing main floor
window styles are proposed on the East Main facing 'tower' element where the interior stairwell up to the
second floor will be reconstructed. The upper floor window openings are proposed to remain with new
windows to replace the ones on the East side.
The3,484squarefootpropertyiscommerciallyzonedandisnearlycoveredbytheexistingstructure,
which is non-conforming development. The C-1 zoned does not have setbacks required excepting for
landscapearea,parking,buffering,orbuildingcoderequirements.Theexisting4,682squarefoot
structure is at or near the property lines. The proposed addition to the entry area in the southeast portion
ofthestructureextendstothepropertylines.Theoverhangsofthecoveredentryextendtotheproperty
lines. The entry door is slightly recessed to provide adequate area for ramping. The new entry area
substantiallyincreasesorientationtothepublicstreet.
There is aportion of the structure that was added at some point thatispoorly connected on the north side
of the structure. This addition is reached via the stairs in the courtyard between the two properties or
from within the structure. The addition is at the second story on the Fifth Street side due to thegrade
change of the property. Placing the structure's post adjacent to the sidewalk and the floor above forehead
height. The removal of this 221 square foot structure and the 55 square feet of stair and landing area will
Page 3 of 8
nothave substantialalterations onthe structure's orientation tothe street and is diminimis is the amount
of parking required for that portion of the building.
The removal of the addition improves the orientation of this side of the structure to Fifth Street and
removes a poorly design and poorly constructed, non-historic addition. A new metal stair and landing
will be providedto provide egress from the second story.
The property is in the detail site review zone and developments are subject to a Floor Area Ratiostandard
of.5. Theproperty exceeds,the required FAR of 1,742 square feet, with more than 4,600 square feet of
building on the 3,484 square foot parcel.
The site covers more than 85 percent of the site with impervious surfaces. The proposal removesanarea
of structure but does not reduce or increase the existing impervious areas.
The existing use of 599 E Main Street as a church sanctuary, including administrative offices, a pre-
school, community meeting space, event space, and community gathering space, in the main sanctuary
building required more than 61 parking spaces. This number of parking spaces was determined based on
photos of the interior of the space, the uses of the space according to the previous owners and based on
the square footage of the structure.
There is noareaor access for parking and the circumstances necessitatingtheconditional use permit are
not able to be remedied through the installation of parking or creation of an off-site parking agreement
as there are no available parking lots within 200-feet that have excess parking to provide for parking for
an office use.
1. That the use would be in conformance with all standards within the zoning district in which the use is
proposedtobelocated,andinconformancewithrelevantComprehensiveplanpoliciesthatarenot
implemented by any City, State, or Federal law or program.
Finding:
Theproposal is to modify thestructure toconvertit from a religious institution to an office use. The use
conforms to the zoning district. The site does not conform as noted herein. The use conforms to the relevant
comprehensive plan policies and the change of use brings the use closer to employment ratios sought in
thezone.Additionally,thechangeofusepreservesahistoricstructureandconversesenergybynot
demolishingthestructuretoconstructasmallerstructurewithaparkingarea.Theadaptivereuseofthe
propertyisfurthersupportedbytheComprehensivePlanChapterSeven,TheEconomicElement,of
Ashland’sComprehensivePlanprovidesforPoliciesandGoalsoftheCityregardingstrongeconomic
supportthroughalldecisionmaking.
Goal (7.07.03) To ensure that the local economy increases in its health, and diversifies in the number,
type, and size of businesses consistent with the local social needs, public service capabilities, and the
retention of a high-quality environment.
Page 4 of 8
Policy #5- TheCity shall encourage economic development of the local resources and enhance
employmentopportunities forexisting residents. The City’spolicyis that economic developmentshall
always have as its primary purpose the enhancement of the community's economic health.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved
access to and throughout the development, and adequate transportation can and will be provided to
the subject property.
Finding:
There are adequatepublicfacilities that service the property. The water meter is present on Fifth Street.
The Sanitary sewer is in Fifth Street. A stormwater sewer line is present in Fifth Street. No changes to the
property that would impactthe publicfacilitiesareproposed.
Both East Main Streetand FifthStreets arepublic streetsimproved with curb, gutter, sidewalk, storm
drain, landscape parkrow, and street trees. One Callery Pear in the EastMain Streetpark row is
proposed for removal. A street tree removal permit has been requested.
3. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone, pursuant
with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact
area, the following factors of livability of the impact area shall be considered in relation to the target use
of the zone.
Finding:
Theuse of commercial property as a commercialuse in thezone will not have a greater adverse effect on
thelivabilityof the immediate impact area which is primarily commerciallyzoned. The target use of the
zone for the site is a 1,742 square foot retail building. A retail structure of 1,742 would require five off-
street parking spaces.
The proposal is to retain the existing structure and convert to a less intensive use than the existing
religious institution or the target use of the site for the purposes of comparison of the impacts of the
conditionalusepermit.
ThemajorityoftheadjacentpropertieswithintheimpactareaareCommerciallyzoned,ofthe21
properties,13arecommerciallyzoned.Theadjacentusesappeartohaveadequateparkingfortheuseon
the site. The properties in the impact area abutting East Main, all have access to the alley except the
subject property. The uses include visitor accommodations, restaurant, grocery, office uses and
residential use of commercial zoned structures.
Page 5 of 8
Theentire structure is proposed as office use, and would require 9.24 or 10 parking spaces. There is 54-
feet of frontage onFifthStreet that provides two on-street parking credits. In nocase can therequired
number of parking spacesforany use, not evenaresidential use could be on the property without the
granting of the conditional usepermit to continue the non-conforming development of the commercially
zoned site.
a.Similarity in scale, bulk, and coverage.
Finding:
The proposal is to modernizeand updatean existing,architecturally lacking, historicstructure.
The building is anon-contributing in thehistoric resources inventory and the lot is non-
conforming development.
The proposed entry way addition is small comparison to the area of the structure but will greatly
improve the orientation to the public street and add a clearly commercial element to a commercial
structure. The proposed additional is appropriateto thescale and mass of the structure. The
proposaldoesnotincreasethebulk,orcoverageofthesite.
b.Generation of traffic and effects on surrounding streets. Increases in pedestrian,bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
Finding:
An analysis of parking a traffic was provided by Sandow Engineering. The proposed change of
use from religious organization thathadthe potential to generate more than 375 vehicle trips a
week, primarily on weekends to an office use that generates approximately 14 PM Peak hour trips
including Saturday and Sundays, is a substantial reduction in traffic.
When compared to the target use as a retail use, there is a sustained higher amount of traffic with
69 PM Peak hour and weekend trips. The hours of the retail use are also substantially longer
durationthanofficehours.Thetargetusehasamuchgreateramountoftraffic,sustainedfora
longerperiodoftimeduringthedaythantheproposedofficeuse.
Peakdemandasofficeoccursduringdaytimehours,7:00AMto7:00PMwhereastheadjacent
residentialusespeakdemandisfrom7:00PMto7:00AM.Theimpacthoursareoff-setfrom
eachother.
Itcanbefoundthechangeofusetoofficeandthetransportationimpactsfromtheusewouldhave
lessofanimpactonthesurroundingstreetsthantheuseofthepropertyasa1,742squarefoot
‘targetuse’.
The proposal includes the installation of bicycle parking facilities. Thereis a bike lane on East
Main Street. Ashowerhas beenconsideredto be included in the restrooms. The provisions of
bicycle parking and amenities to encourage bicycle ridership are considered beneficial. The
Page 6 of 8
proposed pedestrian entrance enhancements provide an engagingfaçade orientedto the
pedestrian sidewalk. The propertyhasa high Walkscore rating and isconsidered very walkable.
c.Architecturalcompatibility with the impact area.
Finding:
The proposed exterior additions arearchitecturally compatible with the historic interest area. The
majority of the nearby properties are occupied by residential style, commercially zoned structures
and the subject property is the only commercial type in the impact area. The recommendations of
the Ashland Historic Commission have been incorporated into the design and consideration of the
recommendationtousestuccovs.theproposedbrickandtochangeallsidingandwindowswhen
accessible.
d.Air quality, including the generation of dust, odors, or other environmental pollutants.
Finding:
The proposed modification to the structureand thecontinued use of the property for commercial
activities, will not generate additional air quality issues, dust, odors or other environmental
pollutants.
e.Generation of noise, light, and glare.
Finding:
The proposed renovations tothestructure allowfor the conversion of the structure to general
office space. The proposed use will not generate noise, light, or glare beyond what is expected in
a commercially designated zone. The target use of the site as a retail establishment would have
the propensity to generate more noise from delivery vehicles and customer comingandgoing. The
hours of operation with the target use are often longer than a typical office use and occur on the
weekendsincreasingtheamountofartificiallightduringmorningandeveninghours.
f.ThedevelopmentofadjacentpropertiesasenvisionedintheComprehensivePlan.
Finding:
The proposed addition ofa pedestrian-oriented entrance on thecommercial buildingand removal
ofa portion of thepoorly constructed structure and substantial upgradesto thecommercial
building will not prevent adjacent commercial properties from developing as envisioned in the
comprehensive plan.
The adjacent property in common ownership that in the past utilized in common withthe church
use on the subject property, does have a non-conforming, gravel surface parking area. This
parking areais necessary for the structure at 48 Fifth Street to be used to its anticipated occupancy
as office, the parking area cannot be dedicated to 599 E Main Street or the use of 48 Fifth Street
as envisioned in the comprehensive plan is eliminated.
Page 7 of 8
g.Other factors found to be relevant bytheapproval authority for review of the proposed use.
Finding:
The property ownerand applicant have evaluated the adjacent uses and theparking associated
with theadjacent uses to determine if there is parking to lease within 200-feet of the subject
property. The use of the property as a commercial use as envisioned in the comprehensive plan is
impossible without a conditional use permit to not require parking with the change of use from a
more intense use (religious institution) to office. The trip generation impacts and parking impacts
from an office use as demonstratedin the transportation memo is also a less intense than the higher
intensity target use in the zone.
The use proposed is the best outcome for the non-conforming property to be redeveloped. Office
use is one of the least intensive transportation generators and the proximity to the bus route on
Siskiyou, bike lanes on East Main and on Siskiyou Boulevard, and the walkability of the Railroad
historic district and the Siskiyou Boulevard/East Main corridor all present low barriers to
employeeandcustomersreducingtheirvehicularuse.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant
to this ordinance.
Finding:
Office use is a permitted use in the zone.
5. For the purposes of reviewing conditional use permitapplications for conformity with theapproval
criteria ofthissubsection, thetarget uses ofeach zoneare as follows.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses,
developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and
within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
Finding:
Thefloor areaofthe property if developed as new, retail commercial use requires a 1,742 square feet to
comply with FAR. A retail building of 1,742 would require five parking spaces and generates
approximately 69 vehicle trips in the PM Peak hour and weekend Peak hour.
Page 8 of 8
IN THE MATTER OF PLANNING ACTION PA-T1-2021-00141, ) REQUEST FOR
A request for Site Design Review approval to modify the existing building at 599 AN EXTENSION
)
East Main Street including converting the former church to use as office/assembly OF THE TIME
)
space and adding a new entry. The application also includes requests for a LIMIT
)
Conditional Use Permit as it involves the alteration of an existing non-conforming ORS 227.178(1)
)
development where no off-street parking is available, and Street Tree Removal
)
Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch
DBH) in the park row planting strip along East Main Street.
APPLICANTS: Rogue Planning and Development Services
Applicants request a _30-_ day extension to the time limit set forth in ORS 227.178(1).
4/19/2021
_______________________________ _________________
Applicant Date
\[Note: ORS 227.178(5) provides that the “120-day period set in (ORS 227.178(1)) may
be extended for a specified period of time at the written request of the applicant. The total
of all extensions may not exceed 245 days.”\]
FINDINGS
_________________________________
PA-T1-2021-00141
599 East Main
BEFORE THE PLANNING COMMISSION
May 11, 2021
IN THE MATTER OF PLANNING ACTION #PA-T1-2021-00141, A REQUEST FOR )
SITE DESIGN REVIEW APPROVAL TO MODIFY THE EXISTING BUILDING AT )
599 EAST MAIN STREET INCLUDING CONVERTING THE FORMER CHURCH TO )
A MODERN OFFICE BUILDING AND ADDING A NEW ENTRY . THE APPLI- )
CATION ALSO INCLUDES REQUESTS FOR A CONDITIONAL USE PERMIT AS IT )
INVOLVES THE ALTERATION OF AN EXISTING, NON-CONFORMING DEVELOP-)
FINDINGS,
MENT WHERE NO OFF-STREET PARKING IS AVAILABLE, AND STREET TREE )
) CONCLUSIONS,
REMOVAL PERMITS TO REMOVE AND REPLACE TWO CALLERY PEAR STREET
& ORDERS
TREES (10.2-INCH AND 12.7-INCH DIAMETER AT BREAT HEIGHT) IN THE PARK )
ROW PLANTING STRIP ALONG EAST MAIN STREET. )
)
APPLICANT/OWNERS:
Rogue Planning & Development Services, LLC/ )
Livni Family Trust (Gil Livni, trustee) )
)
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot #7600 of Map 39 1E 09AC is located at 599 East Main Street and is zoned C-1
(Commercial). The property is also within the Ashland Railroad Addition Historic District, the Detail Site
Review and the Wildfire Lands overlay zones.
¤
2) The applicant is requesting Site Design Review approval to modify the xisting building
ΔΘΘ%- ¨
at ast Street including converting the former church to use as office space and adding a
¤
new ntry. The application also includes requests for a Conditional Use Permit as it involves the
¤
alteration of an xisting non-conforming development where no off-street parking is available, and
Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch
%- ¨
DBH) in the park row planting strip along ast Street. The proposal is outlined in plans on file at
the Department of Community Development.
AMC 18.5.2.050
3) The approval criteria for Site Design Review approval are detailed in as
follows:
Underlying Zone:
A. 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.
Overlay Zones:
B. The proposal complies with applicable overlay zone requirements (part 18.3).
Site Development and Design Standards:
C. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
City Facilities:
D. 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
PA-T1-2021-00141
May 11, 2021
Page 1
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
Exception to the Site Development and Design Standards.
E. 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.
4) The approval criteria for a Conditional Use Permit are detailed in AMC 18.5.4.050.A as follows:
1. That the use would be in conformance with all standards within the zoning district
in which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or
Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the
livability of the impact area when compared to the development of the subject lot
with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below.
When evaluating the effect of the proposed use on the impact area, the following
factors of livability of the impact area shall be considered in relation to the target
use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental
pollutants.
PA-T1-2021-00141
May 11, 2021
Page 2
e.Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Plan.
g. Other factors found to be relevant by the approval authority for review of the
proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is
not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity
with the approval criteria of this subsection, the target uses of each zone are as
follows.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base
Zones and Allowed Uses, developed at an intensity of 0.35 floor to area
ratio, complying with all ordinance requirements; and within the Detailed
Site Review overlay, at an intensity of 0.50 floor to area ratio, complying
with all ordinance requirements.
5) Non-conforming developments are discussed in the Ashland Municipal Code in AMC
18.1.4.040 as follows:
A. Exempt Alterations. Repair and maintenance of a nonconforming development
(e.g., paved area, parking area, landscaping) are allowed subject to approval of
required building permits if the development is not enlarged or altered in a way
that brings the nonconforming site less in conformity with this ordinance. See
also, section 18.3.11.050 related to nonconforming uses in Water Resource
Protection zones.
B. Planning Approval Required. A nonconforming development may be enlarged
or altered subject to approval of a Conditional Use Permit under chapter
18.5.4 and approval of required building permits, except that a planning action is
not required for exempt alterations described in subsection 18.1.4.040.A, above,
and for non-residential development subject to subsection 18.4.2.040.B.6.
C. Roadway Access. The owner of a nonconforming driveway approach or access
to a public street or highway, upon receiving land use or development approval,
may be required as a condition of approval to bring the nonconforming access
into conformance with the standards of the approval authority.
D. Destruction. A legal nonconforming development that is damaged by means
catastrophe, to an extent of 50 percent or more of its replacement cost, may be
PA-T1-2021-00141
May 11, 2021
Page 3
restored or reconstructed within the originalthree-dimensional building envelope
(i.e., relative to coverage, height, setbacks, and other dimensions of the
developed area) provided the nonconformity shall not increase.
6) The permission to plant or remove street trees within public right-of-way is considered a
ministerial action, and is discussed in AMC 13.06.030 as follows:
The City encourages the planting of appropriate trees. No trees shall be planted in or
removed from any public planting strip or other public property in the City until a permit
has been issued by the City Administrator or a duly authorized representative.
Applicants for a removal permit may be required to replace the tree or trees being
removed with a tree or trees of comparable value.
If the tree is determined to be dead or dying, then the replacement need be no larger
than the minimum described in this chapter. The replacement tree(s) shall be of a size
specified in the permit and no smaller than eight feet in height or one inch in caliper 12
inches above root crown and shall be an appropriate species selected from and planted
according to the Recommended Street Tree List.
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 submitting written testimony by e-mail or other electronic methods that the public body can
consider in a timely manner. The subsequently adopted House Bill #4212 further authorized governing
bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or
through other electronic or virtual means.
8) The Planning Commission, following proper public notice, held an electronic public hearingon
April 13, 2021. In keeping with Executive Order #20-16 and subsequent House Bill #4212, 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 seven days prior to the hearing. Those wishing to
provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed the
mailed and posted notices, and all written testimony received by the established deadlines was made
available for Commissioners to review before the hearing and was included in the meeting minutes. In
addition, those wishing to participate during the hearing could arrange to provide oral testimony by
making arrangements to do so in advance of the meeting.
PA-T1-2021-00141
May 11, 2021
Page 4
Prior to the closing of the public hearing on April 13, the Planning Commission continued the hearing to
their next regular meeting on May 11, 2021 at 7:00 p.m. to allow for further review and analysis of a
Technical Memo from Sandow Engineering which was submitted into the record by the applicant shortly
before the hearing began.
The Planning Commission reconvened the electronic public hearing on May 11, 2021 at which time written
testimony submitted in advance of the hearing was considered and new oral testimony was presented.
Following the closing of the public hearing and the record, the Planning Commission considered the
materials received and testimony presented and approved the project, subject to a number of conditions
pertaining to the appropriate development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used:
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS & CONCLUSIONS
2.1 The Planning Commission finds that it has received all information necessary to make a decision
based on the application materials, staff report, public testimony and exhibits received.
2.2 The Planning Commission finds that the proposal for Site Design Review, Conditional Use Permit
and Street Tree Removal Permit approvals meets all applicable criteria for Site Design Review described
in AMC 18.5.2.050, for a Conditional Use Permit described in AMC 18.5.4.050.A., and for a Street Tree
Removal Permit described in AMC 13.06.030.
2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site
Design Review approval.
The Planning Commission finds that the application involves a new addition in the C-1 zone, and as
such requires Site Design Review approval as required in AMC 18.5.2.020.A.1. The Planning
Commission further finds that because the building and site improvements are already in place, the
requested Site Design Review is largely limited to consideration of the proposed changes as they relate
PA-T1-2021-00141
May 11, 2021
Page 5
to the applicable criteria and standards. The changes proposed include the addition of a new entry at the
corner, changes to the exterior treatment of the existing building, and the removal and replacement of
the rear stairs and creation of a new rear entry and courtyard space, as well as a proposed interior remodel
and change of use.
The first approval criterion for Site Design Review approval 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
The Planning Commission finds that the building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage and building height are existing conditions
which are not changing with the current proposal. The Planning Commission further finds that the
, as the new corner addition with
an atrium and storefront entry creates a stronger orientation the corner as sought in the Building
Placement, Orientation and Design Standards.
The second approval criterion deals with overlay zones, and requires that,The proposal complies with
The Planning Commission finds that the property
is located within the Detail Site Review, Ashland Railroad Addition Historic District, and Wildfire
Lands overlay zones.
The Detail Site Review overlay requires that the application address the Detail Site Review Standards
in AMC 18.4.2.040.C. Buildings are required to have a minimum floor area ratio of at least 0.50. In
this instance, the subject property is 3,484 square feet in area and a floor area of at least 1,742 square
represents a floor area ratio of approximately 1.32, more than satisfies the minimum floor area ratio
requirement. The Commission further finds that more than 20 percent of the wall area facing the street
is provided in windows and doorways, that there are no blank walls, and that there are substantial
changes in relief on the surface of the existing building. The proposal here improves relief and
fenestration, and adds a new roof extension to provide pedestrian coverage from the rain and sun at the
entry.
Where proposed buildings are greater than 10,000 square feet in gross floor area or contain more than
100 feet of building frontage, the Additional Standards for Large Scale Projects in AMC 18.4.2.040.D
must also be addressed. The Planning Commission finds that in this instance, the existing building is
less than 10,000 square feet in gross floor area and does not have frontages of more than 100 feet, and
as such is not subject to the Additional Standards for Large Scale Projects.
The Historic District Development Standards and Historic Commission review are discussed under part
18.4 below.
The Planning Commission further finds that the subject property is located within the Wildfire Lands
overlay zone, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification
Area requirements in AMC 18.3.10.100.A.2 must be provided for the review of the Fire Marshal prior
PA-T1-2021-00141
May 11, 2021
Page 6
to bringing combustible materials onto the property, and any 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. A condition to this effect has been included below.
Based on the foregoing, the Planning Commission finds that this first criterion is satisfied.
The proposal
complies with the applicable Site Development and Design Standards of part 18.4, except as provided
The Building Placement, Orientation and Design Standards for Non-Residential Development seek
buildings with their primary orientation to the street, and where located at a corner this orientation is to
be to the corner or the higher order street and should include a public entrance to the street with access
from the public sidewalk. The Planning Commission finds that the proposed new entry addition
establishes a much stronger orientation to the corner as envisioned in the standards. In addition, the
standards require the planting of street trees according to city standards along street frontages, and here
the Commission finds that the applicant has proposed to remove trees which are not thriving in the
location and to plant better selected specimens in their place.
The Detail Site Review overlay requires that the application address the Detail Site Review Standards
in AMC 18.4.2.040.C. Buildings are required to have a minimum floor area ratio of at least 0.50. In
this instance, the subject property is 3,484 square feet in area and a floor area of at least 1,742 square
feet is required. The Planning Commission fin
represents a floor area ratio of approximately 1.32, more than satisfies the minimum floor area ratio
requirement. The Commission further finds that more than 20 percent of the wall area facing the street
is provided in windows and doorways, that there are no blank walls, and that there are substantial
changes in relief on the surface of the existing building. The Commission finds that the proposal here
improves relief and fenestration, and adds a new roof extension to provide pedestrian coverage from the
rain and sun at the entry.
Where proposed buildings are greater than 10,000 square feet in gross floor area or contain more than
100 feet of building frontage, the Additional Standards for Large Scale Projects in AMC 18.4.2.040.D
must also be addressed. The Planning Commission finds that in this instance, the existing building is
less than 10,000 square feet in gross floor area and does not have frontages of more than 100 feet, and
as such is not subject to the Additional Standards for Large Scale Projects.
In its review of the proposal for compliance with the Historic District Development Standards of AMC
18.4.2.050, the Ashland Historic Commission had three specific recommendations. The Historic
in AMC 18.4.2.050.B.8,
noting that, A clearly defined base, or platform characteristic of historic buildings in the immediate
vicinity (is recommended, and) walls that appear to rise straight out of the ground without a distinct
platform or base at the ground level (are to be avoided) With regard to the base or platform standards,
the Historic Commission recommended that one of the following design options be pursued:
PA-T1-2021-00141
May 11, 2021
Page 7
Provide detail demonstrating that the
SD-4.1, SD-4.2 and SD-
a heavier weight than shown on the application
submittals. Extend the brick base around the back corner of the building on the Fifth Street side
(i.e. the northwest corner) for at least a column width.
Rather than extending veneer brick claddingon the Fifth Street side of the building, use it
to accent the front entry and end the brick at the north side of the main entrance facing the
intersection of East Main and Fifth Streets. Brick should be used on the east side of the tower
as shown in the revised elevation SD-
and a heavier weight than shown on the application submittals.
Retain stucco as the base material rather than adding the eneer brick cladding.
With regard to rehabilitations of historic buildings and additions, the standards in AMC 18.4.2.050.C.2.g
Replacement windows in historic buildings shall match the original windows. Windows
in new additions shall be compatible in proportion, shape and size, but not replicate original windows
in the historic building.
revised elevations, including on the east
side of the building (SD-4.1) unless modifications to this elevation are prohibited by building code due
to the proximity to the property line.
Replacement finishes
on exterior walls of historic buildings shall match the original finish. Exterior finishes on new additions
to historic buildings shall be compatible with, but not replicate, the finish of the historic building
Diagonal and vertical siding shall be avoided on new additions or on historic
buildings except in those instances where it was used as the original siding and Imitative
materials including but not limited to asphalt siding, wood textured aluminum siding, and artificial stone
shall be avoided (C.2.f.). The Historic Commission recommended that all siding be replaced as shown
on revised elevations using Hardie® lap siding with a seven-inch exposure, including the east side of
the building (SD-4.1) unless modifications to this elevation are prohibited by building code due to the
proximity to the property line.
In considering the proposal, the Historic Commission expressed their appreciation that the applicant had
added a was
initially discussed with the Commission, and commended the applicant both for the proposed design
and for the efforts being made to remodel and repurpose a historic structure that has been significantly
modified over time. The recommendations of the Historic Commission have been incorporated as
requirements in the conditions of approval attached hereto.
Based on the foregoing, the Planning Commission concludes that the proposal complies with the
applicable Site Development and Design Standards for part 18.4.
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
PA-T1-2021-00141
May 11, 2021
Page 8
Water, sanitary
sewer, electric and stormwater facilities are in place from the Fifth Street right-of-way and presently
serve the building, and both East Main Street and Fifth Streets are public streets which are improved
with paving, curb, gutter, sidewalk, storm drain, and park row planting strips in place, with street trees
in place or to be replaced in conjunction with the current proposal. The Planning Commission finds that
there are public facilities in place to serve the existing building, and that no changes to the property are
proposed which would further impact public facilities. The Commission concludes that this criterion
has been satisfied.
Exception to the Site Development and
Design StandardsThe application has requested no exceptions, and as such this criterion does not
apply.
As detailed above, the Planning Commission concludes that the proposal satisfactorily addresses the
requirements for Site Design Review approval.
2.5 The Planning Commission finds that the existing development of the property is considered a
non-conforming development as detailed in AMC 18.1.4.010.C. The existing buildings on the subject
Tax Lot #7600 and the adjacent Tax Lot #7500, which is not part of the current request, have previously
been used as a church which held weekly services with seating for up to 244 churchgoers. The required
off-street parking ratio for a religious institution is one off-street parking space per four seats, and as
such 244 seats would require 61 off-street parking spaces. There are no off-street parking spaces
available on the subject Tax Lot #7600. AMC 18.1.4.040.A provides that repair and maintenance of
non-conforming developments where the development is not altered in a way that brings the
development less into conformity with standards is exempt from land use review, but that the
enlargement or alteration of a non-conforming development is subject to Conditional Use Permit
approval. The Planning Commission finds that the non-conforming development is being altered here
beyond repair and maintenance both by the change in use from the previous church to the proposed
office, and by separating the two contiguous tax lots which together have made up the church campus
since 1993 and instead seeking to consider the future use of each tax lot separately. As such, the request
is subject to Conditional Use Permit approval. The Planning Commission finds that the proposal
satisfies the applicable criteria specific to a Conditional Use Permit.
The first criterion for That the use would be in conformance
with all standards within the zoning district in which the use is proposed to be located, and in
conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or
The proposed office use is an outright permitted use within the C-1 district
Uses Allowed by Zone The Planning Commission finds that
the proposed change of use is in keeping with the standards of the district but is more in line with
employment generation sought within the zone, supports preserving a historic building, conserves
energy and materials versus demolishing the existing structure to reconstruct a smaller building with
off-street parking on site, and is in keeping with the goals and policies of the Economic Element of the
Comprehensive Plan in terms of seeking to ensure the local economy increases its health and
diversifies the number, type and size of businesses consistent with the local social needs, public service
PA-T1-2021-00141
May 11, 2021
Page 9
capabilities, and the retention of a high-quality environment (Goal 7.07.03)
The second criterion for Conditional Use Permit That adequate capacity of City facilities
for water, sewer, electricity, urban storm drainage, paved access to and throughout the development,
As discussed in 2.4
above, water, sanitary sewer, electric and stormwater facilities are in place and serve the building from
the adjacent Fifth Street right-of-way, and both East Main Street and Fifth Streets are public streets
which are improved with paving, curb, gutter, sidewalk, storm drain, and park row planting strips in
place, with street trees in place or to be replaced in conjunction with the current proposal. The Planning
Commission finds that there are public facilities in place to serve the existing building, and that no
changes to the property are proposed which would further impact public facilities. The Commission
concludes that this criterion has been satisfied.
The third approval criterion is, That the conditional use will have no greater adverse material effect
on the livability of the impact area when compared to the development of the subject lot with the target
use of the zone, pursuant with subsection 18.5.4.050.5, below. When evaluating the effect of the proposed
use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone: a. Similarity in scale, bulk, and coverage; b. Generation of traffic
and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities; c. Architectural compatibility with the impact area; d.
Air quality, including the generation of dust, odors, or other environmental pollutants; e. Generation
of noise, light, and glare; f. The development of adjacent properties as envisioned in the Comprehensive
Plan; and g. Other factors found to be relevant by the approval authority for review of the proposed
The Planning Commission finds that, as illustrated in the table below, the application includes a
Technical Memo from Sandow Engineering which assesses the trip generation for the previous church
th
use, proposed office use and target retail use using the ITE Trip Generation Manuals, 10 Edition and
concludes that the proposed office use has less of a trip generation impact to the neighborhood than
either the previous church or the target retail use of the zone.
USE PM PEAK SATURDAY PEAK SUNDAY PEAK
HOUR TRIPS HOUR TRIPS HOUR TRIPS
Previous Church А ВВ ЋАЊ
Proposed Office ЊЊ Ћ Њ
Target Retail ЋА ЋЎ ЌА
The Commission further finds that the Technical Memo and subsequent clarifications by the applicant
make clear that the assembly component of the proposed use will be limited to occasional gatherings
that would be associated with the office tenant, accessory to and part of the regular operations of the
office tenant, and would only occur a few times a year. The Technical Memo explains that the target
retail use could similarly see occasional gatherings in the form of sales, product launches, holiday
parties, etc. and as such these assemblies allowed as accessory to either primary use would be negligible
in comparing the proposed and target uses.
PA-T1-2021-00141
May 11, 2021
Page 10
th
of parking demand based on the ITE Parking Generation Manual, 6 Edition. Sandow explains that
there is ample on-street parking available within a comfortable walk of the site, and goes on to detail
that the peak parking demand for the previous church use was between 9:00 a.m. and 1:00 p.m. on
weekends, whereas the proposed office use would typically generate parking demand between 7:00 a.m.
and 7:00 p.m. on weekdays with the peak demand between 11:00 a.m. and 12:00 noon and again between
4:00 p.m. and 5:00 p.m. There would be little or no parking demand on weekends for the proposed
office use. The target retail use would have parking demand every day, with a peak between 12:00 noon
and 1:00 p.m. The Technical Memo goes on to note that because the surrounding uses are largely
residential, their periods of peak demand are from 7:00 p.m. to 7:00 a.m. on weekdays but they also
generate a consistently high demand on weekends. The memo concludes that the peak parking demand
periods for the proposed office use and the surrounding residential uses are effectively offset so as not
to be in conflict (i.e. office parking demand is highest when surrounding residential demand is lowest)
whereas the peak retail parking demand overlaps the peak residential parking demand meaning that the
proposed office use would be less impactful to the surrounding area in terms of parking demand than
would either the target retail use, or the prior church use.
The Planning Commission finds that in terms of parking and trip generation, the proposed office use
will generate fewer peak hour trips than the target retail use of the property and its peak parking demand
periods are materially offset from the surrounding residential neighborhood so that, while the office use
for this nonconforming development relies on on-street parking, it would do so largely when on-street
demand from residential uses in the neighborhood is at its lowest and would thus limit the adverse
impacts in the impact area.
The Planning Commission further finds that the church campus, consisting of the sanctuary building
along East Main Street and the Fellowship Hall behind in along Fifth Street, has long been a non-
conforming development in terms of off-street parking and that only three off-street parking spaces have
that , remain connected
through this non-needs
to be remain available to off-set the parking demand of both properties in order to limit, to the extent
possible, the impacts to the surrounding neighborhood. A condition has been included below to require
that the applicant provide a shared parking agreement for recording which insures that these parking
spaces will remain available to serve the demand of both buildings.
The Commission further finds that while these three parking spaces were shown in PA-1993-00123 to
be accessed diagonally off of the alley to allow for a functional back-up movement and were
subsequently required to include a handicapped accessible space with appropriate signage and accessible
route as part of the building permit approval, the accessible space was not provided and the spaces are
not clearly marked to ensure their functionality.
as being perpendicular to the alley, but in observation on site the three spaces seem to be used instead
as a single parallel space which is likely in response to the lack of striping and inadequate back-up area.
The Planning Commission finds that for these spaces to function properly, they need to be clearly
delineated on site as diagonal to the alley and a condition is therefore included to require that the spaces
PA-T1-2021-00141
May 11, 2021
Page 11
be better delineated to correspond to the diagonal configuration illustrated in PA-1993-00123, and that
the accessible parking space with signage and accessible route required in the subsequent 1994 building
permit be provided if required under current building codes.
The Planning Commission finds that in terms of architectural compatibility with the impact area, the
building has been a fixture in the neighborhood for decades, and the current request which includes new
exterior treatments and a new entry addition to establish a much better relationship with the pedestrian
streetscape, is supported by the Ashland Historic Commission and represents a substantial improvement
that will benefit the immediate neighborhood and surrounding historic district. The Historic
Commission commended the applicant for the design and for the effort to remodel and repurpose a
historic building that had seen significant modifications over time.
The Planning Commission notes that one neighbor had expressed concern with noise, and specifically
with construction noise. The Commission finds that the proposed office use is likely to have no more
impact in terms of noise, light, glare or air quality than would have been generated by the previous
church or target retail uses, and if anything would be less impactful. The Commission further finds that
construction noise is governed by AMC 9.08.170.D.6, which allow construction noise in the city to
occur between 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 6:00 p.m. on weekends
and holidays, and that the current proposal or any work which might be done on the subject property
without the need for land use approval would be limited to the same parameters.
The fourth approval criterion is that,
or one that is not permitted pursuant The Planning Commission finds that the
proposed office use is an outright permitted use within the C-1 district as detailed in AMC Table
18.2.2.030.E Uses Allowed by Zone
The final criterion notes that, reviewing conditional use permit applications for
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses,
developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and
within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
The Planning Commission finds that the subject property is located with the
C-1 zoning district and the Detailed Site Review overlay, and as such the target use of the property for
the purpose of reviewing the conditional use permit application is general retail commercial use
developed at an intensity of 0.50 floor to area ratio which equates to 1,742 square feet of retail space
for the 3,484 square foot lot. The Commission further finds that 1,742 square feet of retail space would
require five off-street parking spaces (1,742 sq. ft./1 parking space per 350 sq. ft. = 4.977 parking
spaces).
2.6 The Planning Commission finds that the application proposes to remove and replace two Callery
Pear (Pyrus calleryana) street trees in the park row planting strip along East Main Street. The
Commission further finds that Street Tree Removal Permits are generally a ministerial action as they are
not considered to require the exercise of substantial discretion and are regulated through AMC Section
13.06 rather than the Land Use Ordinance. The Street Tree Removal Permit request is included here as
PA-T1-2021-00141
May 11, 2021
Page 12
Consolidated Review Procedures
a project proposal at one time. The Planning Commission finds that the Ashland Tree Commission has
reviewed the request and noted that while the tree removals were not requested based on the trees being
hazardous, dead or in immediate danger of collapse, the trees here have been in place for more than 30
years and have not shown substantial growth over that time. In addition, Callery Pears are described by
the applicant as a poor landscape choice in a valley that has a commercial pear-growing industry where
poorly maintained trees could become a vector for pests or disease. As such, the Tree Commissioners
supported the request provided that the removals were mitigated within 12 months with two-inch caliper
Acer x freemanii
varsAcer rubrum
trees. The Planning Commission concludes that the Street Tree Removal Permit request here merits
approval, and has incorporated the recommendations of the Tree Commission into a condition of this
approval.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the proposal for Site Design Review and Conditional Use Permit approval to modify the existingnon-
conforming development at 599 East Main Street by converting the former church sanctuary building to
a modern office building is supported by evidence contained within the whole record.
The Planning Commission finds that the proposal represents a reasonable adaptive reuse of the building;
that the renovations represent a significant improvement to the site and the building, which sits at a
prominent entry point to the historic neighborhood; that the proposed office use will be less impactful
than the previous church; that the office use will generate fewer peak hour trips than the target retail use
of the property; and that the office use will generate peak parking demands which are materially offset
from the surrounding residential neighborhood so that, while the office use relies on on-street parking,
it will do so at times when on-street demand from residential uses in the neighborhood is at its lowest to
lessen the adverse effect on the impact area.
The Planning Commission concludes that the proposal 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-T1-2021-00141. Further, if any one or more of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #PA-T1-2021-
00141 is denied. The following are the conditions and they are attached to the approval:
1.All proposals of the applicant shall be conditions of approval unless otherwise modified herein,
including but not limited to that any assembly use shall be accessory to the office use and that
larger office-associated events shall occur no more than once per quarter.
2.The plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
PA-T1-2021-00141
May 11, 2021
Page 13
this Site Design Review approval shall be submitted and approved prior to issuance of a building
permit.
3.Any new addresses shall be assigned by City of Ashland Engineering Department.
4.Permits shall be obtained from the Ashland Public Works Department prior to any work in the
public right of way.
5.The windows on the ground floor shall not be tinted so as to prevent views from into the interior
of the building
6.The front entrance at the corner of East Main and Fifth Streets shall remain functional and open
to the public during all business hours.
7.No signage or fencing is approved with this application. Sign and fence permits shall be obtained
prior to installation of any new signage or fencing. All signage shall meet the requirements of
Chapter 18.4.7, and all fencing shall meet the requirements of Chapter 18.4.4.060.
8.The Ashland Tree Commission
Tree Removal Permit request, including that the two pear tree removals shall be mitigated with
two-inch caliper replacement trees selected to achieve a large stature at maturity, such as
Acer x freemanii varsAcer rubrum
irrigation be provided for the mitigation trees.
9.That the Conditional Use Permit approval is limited to the office use described. Any change in
use which alters parking or trip generation beyond that described herein, or otherwise changes
the way the non-conforming development relates to applicable standards, shall be required to
obtain Conditional Use Permit approval as a new application.
10.The parking spaces off of the alley behind the Fellowship Hall shall be clearly delineated on site
as diagonal spaces with striping, pavers, landscaping and/or signage, as originally approved in
PA-1993-00123, to provide a functional back-up space which incorporates the alley width. In
addition, the accessible parking space with signage and accessible route which was required with
approval of the 1994 building permit to construct the Fellowship Hall shall be provided if
required under current building codes.
11.The applicant shall provide an agreement for recording which provides for the shared use of
these diagonal spaces off of the alley by the uses on both properties.
12.That the building permit submittal shall include:
a.Identification of all easements, including but not limited to any public and private utility
easements.
b.Final electric service, utility and civil engineering plans including grading, erosion
control and drainage. 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. Any required private or public utility easements shall be delineated on the
civil plans. All civil infrastructure shall be installed by the applicants, inspected and
approved prior to final inspection/occupancy approval.
c.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.
PA-T1-2021-00141
May 11, 2021
Page 14
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.
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
(i.e., curb gutter at public street, public storm pipe or 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. 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.
e.Final site lighting details including the fixture type, placement and any measures
necessary to avoid directly illuminating adjacent properties (down-directed placement,
shrouding, etc.).
f.The requirements of the Ashland Fire Department relating to approved addressing;
commercial fire apparatus access; a firefighter access pathway; fire flow; hydrant
installation, distance, spacing and clearance; fire work area; applicable fire sprinkler
requirements; fire department connection; key box; extinguishers; limitations on
obstructions to fire access; and wildfire hazard area requirements shall be satisfactorily
addressed in the permit submittals.
g.A Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 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
adopted with Resolution #2018-028.
h.A Tree Protection Plan consistent with the standards described in AMC 18.4.5 addressing
protection of the existing street trees along Fifth Street shall be submitted for review and
approval by the Staff Advisor prior to the issuance of a building permit. The plan shall
identify the location and placement of fencing around the drip lines of the street trees to
be retained. Tree protection fencing shall be installed according to the approved plan,
inspected and approved prior to any site work including demolition, staging or storage of
materials.
i.The building permit submittals shall verify that the bicycle parking, spacing and coverage
requirements are met in accordance with 18.4.3.070.I. Inverted U-racks shall be used for
the bicycle parking, and all bicycle parking shall be installed in accordance with design
and rack standards in 18.4.3.070.I and J, inspected and approved by the Staff Advisor
prior to the issuance of the certificate of occupancy.
j.Exterior building materials and paint colors shall be compatible with the surrounding
area and consistent with those illustrated in the application, and sample exterior building
colors shall be provided with the building permit submittals for review and approval of
the Staff Advisor. Very bright or neon paint colors shall not be used in accordance AMC
18.4.2.040.C.4.b.
PA-T1-2021-00141
May 11, 2021
Page 15
k.That the building permit submittals shall incorporate the recommendations of the
Ashland Historic Commission, including that:
i.For the base of the building, one of the following three options:
Provide detail demonstrating that the
on the revised elevations SD-4.1, SD-4.2 and SD-4.3 will fit properly
around the window and door
to be more substantial and a heavier weight than shown on the
application submittals. Extend the brick base around the back corner
of the building on the Fifth Street side (i.e. the northwest corner) for
at least a column width.
Rather than extending veneer brick claddingon the Fifth Street
side of the building, use it to accent the front entry and end the brick
at the north side of the main entrance facing the intersection of East
Main and Fifth Streets. Brick should be used on the east side of the
tower as shown in the revised elevation SD-
on the application submittals.
Retain stucco as the base material rather than adding the eneer brick
cladding.
ii.Replace all windows with True Divided Light Clad Windows shown on revised
elevations including the east side of the building (SD-4.1) unless prohibited by
building code (e.g. due to proximity to property line).
iii.Replace all siding as shown on revised elevations (i.e. Hardie® lap siding with
seven-inch exposure) including the east side of the building (SD-4.1) unless
prohibited by building code (e.g. due to proximity to property line).
13.That prior to the final inspection approval or issuance of a certificate of occupancy:
a.Utility installations and the planting of two irrigated street trees to replace the removed
pear trees along the East Main Street frontage shall be completed, inspected and approved
by the Staff Advisor.
b.Trash and recycling facilities and associated screening shall be installed in accordance
with the Recycling and Refuse Disposal Areasprior to
the issuance of a certificate of occupancy or final inspection approvals. An opportunity
to recycle site of equal or greater size than the solid waste receptacle shall be provided.
c.That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
d.That the bicycle parking facilities shall be installed according to the approved plan,
inspected and approved by the Staff Advisor. The approved bicycle parking plan
includes three inverted U-racks at the rear of the building.
PA-T1-2021-00141
May 11, 2021
Page 16
May 11, 2021
Haywood Norton, Chair Date
Planning Commission Approval
PA-T1-2021-00141
May 11, 2021
Page 17
TYPE III
PUBLIC HEARING
_________________________________
PA-L-2021-00010
DUPLEX & ARU
CODE AMENDMENTS
ASHLANDPLANNINGDIVISION
STAFFREPORT
May11,2021
PLANNINGACTION:
PA-L-2021-00010
APPLICANT:
CityofAshland
ORDINANCEREFERENCES:
AMC18.1.4
NonconformingSituations
AMC18.2.2
BaseZonesandAllowedUses
AMC18.2.3
SpecialUseStandards
AMC18.2.5
StandardsforResidentialZones
AMC18.3.4
NormalNeighborhoodDistrict
AMC18.3.5
NorthMountainNeighborhoodDistrict
AMC18.3.9
PerformanceStandardsOptionandPSO
Overlay
AMC18.3.10
PhysicalandEnvironmentalConstraints
Overlay
AMC18.3.12
PedestrianPlacesOverlay
AMC18.4.2
BuildingPlacement,Orientation,andDesign
AMC18.4.3
Parking,AccessandCirculation
AMC18.5.2
SiteDesignReview
AMC18.5.7
TreeRemovalPermits
AMC18.6.1
Definitions
REQUEST:
TheproposalincludesaseriesofamendmentstotheAshlandMunicipalCode
(AMC)Title18LandUsetoupdatetheallowancesandstandardsforduplexesandaccessory
th
residentialunits(ARUs)asrequiredbyHouseBill(HB)2001fromthe80OregonLegislative
Assembly,2019RegularLegislativeSession.Thedraftcodeamendmentsareattachedandthe
pastmeetingandreferencematerialsareavailableontheprojectwebpageat
www.ashland.or.us/duplexcode.
Inthe2019legislativesession,theOregonStateLegislaturepassedHB2001whichrequires
“medium”citiessuchasAshlandtoamendlocalzoningcodestoallowduplexesonresidentially
zonedlotsthatallowthedevelopmentofdetachedsingle-familyhomes.Amediumcityis
definedaswithapopulationbetween10,000and25,000andoutsidethePortlandMetro
boundary.The2020populationestimateforAshlandfromPortlandStateUniversityis21,105.
HB2001alsoincludesaprovisionthatprohibitsjurisdictionsfromrequiringoff-streetparking
andowner-occupancyrequirementsforARUs.ORS197.312(5)requirescitieswithpopulations
over2,500toallowthedevelopmentofatleastoneARUforeachdetachedsingle-family
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage1of8
dwellinginareasthatarezonedfordetachedsingle-familydwellings“subjecttoreasonablelocal
regulationsrelatingtositinganddesign.”
I.OrdinanceAmendments
A.SummaryofProposedCodeAmendments
TheproposalincludesaseriesofamendmentstotheAshlandMunicipalCode(AMC)
Title18LandUsetoupdatetheallowancesandstandardsforthedevelopmentof
duplexesandARUs.Newstatelegislation,intheformofHB2001,requiresAshlandto
updatethelocallandusecodetomeetnewstatelawsandrulespertainingtoduplexes
andARUsbyJune30,2021.
Theproposedamendmentsareincludedintheattachedordinance.Theitemswithstaff
commentsorhighlightsarethechangesthathavebeenmadetothedraftsincetheApril
27,2021PlanningCommissionstudysession.
Theprimarychangestothelandusecodeforduplexesarethatduplexesarepermittedin
alloftheresidentialzonesincludingthesingle-familyzones,arerequiredtohavetwoon-
siteparkingspaces,andtheapprovalprocessrequiresabuildingpermitpriorto
constructionorconversionofanexistingstructure.Theprimarychangesarerequiredby
thenewstatelawsandrulesreferencedabove.
Thecurrentcodeallowsduplexesoncornerlotswithinthesingle-familyzonesaspartof
asubdivisiondevelopedunderthePerformanceStandardsOption,andwithinthe
multifamilyzonesasamultifamilydevelopmentthroughtheSiteDesignReviewprocess.
Planningapprovalsarerequiredforbothasubdivisionandmultifamilydevelopment.In
addition,thecurrentcodecalculatestherequiredparkingforaduplexbasedonthe
requirementsforamultifamilydwelling,whicharebasedonthenumberofbedroomsin
aunit.Generally,anyduplexwithunitslargerthan1-bedroomunitswouldrequirefour
ormoreon-siteparkingspacesunderthecurrentcoderequirements.
TheprimarychangestothelandusecodeforARUsarethatARUsdonotrequireon-site
parkingspacesandtheapprovalprocessrequiresabuildingpermitpriortoconstruction
orconversionofanexistingstructure.
Thecurrentcoderequiresaplanningapproval,SiteDesignReview,forattachedARUs
thatareover500squarefeetinsize,detachedARUs,andARUslocatedinthehistoric
districtthatincludeexteriorbuildingmodifications.ARUsthatareattachedtoasingle-
familydwellingandlessthan500squarefeetinsizesimplyrequireabuildingpermit.
Currently,ARUsunder800squarefeetinsizerequireoneon-siteparkingspaceand
ARUs800squarefeetandlargerrequiretwoon-siteparkingspaces.
Ifthecodeamendmentsareadoptedasproposed,therewillbetwooptionsforthe
developmentoftwodwellingunitslocatedononelot.OneoptionisanARUalongwitha
single-familydwelling.TheARUisrequiredtomeettheexistingsizelimitsanddoesnot
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage2of8
havetoprovideon-siteparkingfortheARU.Theapprovalprocessforconstructingan
ARUisabuildingpermit.
Thesecondoptionisaduplexwithtwodwellings,eitherinattachedordetached
structures,locatedononelot.Duplexesdonothavesizelimitsandarerequiredto
providetwoon-siteautomobileparkingspaces.Theapprovalprocessforconstructinga
duplexisabuildingpermit.
Ineitheroption,whetheralotincludesasingle-familydwelling,asingle-familydwelling
andanARU,oraduplex,thedevelopmentmustmeetthedimensionalrequirementsof
thezonesuchaslotcoverage,setbacksandbuildingheight.
Thechangesincludedinthedraftcodeamendmentsaredescribedbelow.Minorwording
editsandcorrectionsarenotincluded.
Section2:AMC18.1.4.030NonconformingStructures(page4of91)
–Allows
conversionofexistingdetachedsingle-familyresidencesintoaduplex.Requiredby
newstaterulesandlanguageissuggestedinstatemodelcode.
Section3:AMC18.2.2.030AllowedUses(pages6and7of91)
–Duplexesbecome
permittedwithspecialusestandardsin18.2.3.110inalloftheresidentialzones.Asa
result,asecondunitispermittedonanyresidentiallyzonedlotwhereadetached
single-familyresidenceisallowed,asrequiredbystatelaw.Theprocessfor
constructingaduplexorconvertinganexistingstructuretoaduplexisbyobtaininga
buildingpermit.
Section4:AMC18.2.2.040AccessoryResidentialUnit(page14of91)
–ARUsare
nolongerrequiredtoobtainaseparateplanningapplicationandapproval,andinstead
canbeconstructedbyobtainingabuildingpermit.ThischangeintheARUapproval
processisstaff’srecommendationsothatthereisthesameprocessforany
developmentthatallowstwounitsononelot.
Section5:AMC18.2.3.090CottageHousing(pages16and17of91)–
Allows
duplexesaspartofcottagehousingdevelopmentsifexistingdensityrequirementsare
met.
Section6:AMC18.2.3.110Duplex(pages20and21of91)
–Theduplexstandards
arerevisedtoaddresstherequirementsinstatelawandadministrativerules.
Section7:AMC18.2.5.030.AStandardsforUrbanResidentialZones(page23of
91)
–ExemptsARUsandduplexesfrombuildingseparationrequirementsinthe
multifamilyzonesbecausedetachedsingle-familyresidencesandrelatedaccessory
structuresareexemptedfromthisrequirement.
Section8:AMC18.2.5.060YardExceptions(page26of91)
–Allowsone
detachedduplexunitmeetingtheexistingrequirementstousethereducedsideand
yardsetbacksthatarenowinplaceforaccessorybuildingsandARUs.
Section9:AMC18.2.5.070MaximumPermittedFloorAreaintheHistoric
District(page27of91)
–Allowsonedetachedduplexunittobeexemptedfromthe
maximumpermittedfloorareacap,asiscurrentlypermittedfordetachedaccessory
buildingsandARUs.
Section10:AMC18.2.5.080ResidentialDensityCalculationintheR-2andR-3
Zones(pages28and29of91)
–Exemptsduplexesfromdensityandminimumlot
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage3of8
arearequirementsasrequiredbynewstatelaw.Adjustdensitiesandminimumlot
areastobeginatthreeormoreunitsperlot.
Section11:AMC18.2.5.090StandardsforSingle-FamilyDwellings(page30of
91)
–Requiresduplexestohavethesamedesignfeaturesassingle-fmailydwellings.
Section12:AMC18.3.4.040UseRegulations(page33of91)
–Allowsduplexesin
theNN-1-5zoneintheNormalNeighborhoodDistrict.
Section14:AMC18.3.5.050UsesAllowedintheNorthMountainNeighborhood
Zones(pages37and38of91)
–Allowsduplexesintheresidentialzonesinthe
NorthMountainNeighborhoodDistrict.
Section15:AMC18.3.5.060DimensionalRequirements(page39of91)
–
ExemptsduplexesfromthedensityrequirementsintheNorthMountain
NeighborhoodDistrict.
Section16:AMC18.3.5.100SiteDevelopmentandDesignStandards(pages45
and46of91)
–DeletesdiscretionarystandardsforARUsintheNorthMountain
NeighborhoodDistrict.
Section17:AMC18.3.9.050PerformanceStandardsforResidential
Developments(pages46and47of91)
-Exemptsduplexesfromdensityand
minimumlotarearequirementsasrequiredbynewstatelaw.Repeatslanguagefrom
cottagehousingstandardsthatallowsduplexesaspartofcottagehousing
developmentsifexistingdensityrequirementsaremet.
Section18:AMC18.3.10.090DevelopmentStandardsforHillsideLands(page
49of91)–
AllowsthedevelopmentofanARUorduplexonexistinglotswithslopes
35andgreater.
Section19:AMC18.3.12.060PedestrianPlaceOverlay(page62of91)
-Exempts
ARUsandduplexesfromthePedestrianPlacesOverlayrequirementsalongwiththe
existingexemptionforsingle-familydwellingsandassociatedaccessorystructures.
Section20:AMC18.4.2.030ResidentialDevelopment(pages64and6of91)
–
DeletesexistinglanguageregardingapplicablebuildingdesignstandardsforARUs.
Section21:AMC18.4.3.040ParkingRatios(pages66and67of91)
–Theparking
requirementsareamendedtodeletetherequiredon-siteparkingforARUsandtoadd
aparkingrequirementoftwospacesforaduplexes.Duplexesinmultifamily
developmentsormixedusedevelopmentsaresubjecttotheexistingmultifamily
paringrequirements.Statelawprohibitslocaljurisdictionsfromrequiringthe
installationofparkingspacesonapropertythataddsanARU,andspecifiesthatthe
maximumthatcanberequiredforaduplexistwoparkingspacesperlot.
Section22:ParkingManagementStrategies(page69of91)
–Languageadded
thatprohibitsduplexesfromusingparkingmanagementstrategies,includingbutnot
limitedtoon-streetparkingcredits,alongwiththeexistinglanguagethatdoesn’t
allowdetachedsingle-familydwellingstouseparkingmanagementstrategies.
Section23:VehicleAreaDesign(pages72–81of91)
–Requiresduplexparkingto
belocatedonthesameparcel,asisrequiredforsingle-familydwellings.Allowsthe
samedrivewaywidthofaminimumofninefeetforduplexesasispermittedfor
single-familydwellings.Exemptsdrivewaysforduplexesforpavingrequirementsas
isallowedforsingle-familydwellings.
Section24:PedestrianAccessandCirculation(page81of91)
–Exemptsduplexes
frompedestrianaccessandcirculationsrequirementsasisallowedforsingle-family
dwellings.
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage4of8
Section25:Applicability(page85of91)
–Changestherequirementstoobtaina
planningapprovalforSiteDesignReviewfromtwotothreeunitsinresidentialzones.
Inaccordancewiththenewstatelawandrules,thesameapprovalprocesshastobe
usedforduplexesasisusedfordetachedsingle-familydwellings.InAshland,single-
familydwellingsareoutrightpermittedinmostcaseswithabuildingpermit.Mixed-
usedevelopmentisseparatedoutandrequiresSiteDesignReviewforoneormore
residentialunitsaspartofacommercialdevelopmentintheC-1orE-1zones.
Section26:ApplicabilityandReviewProcedure(pages86and87of91)
–
ExemptsARUsandduplexesfromthetreeremovalpermitrequirements,asis
currentlyallowedfordetachedsingle-familydwellings.
Section27:AMC18.6.1.030Definitions(page71of73)
–Underthetypesof
dwellings,thedefinitionofaduplexisrevisedtotwounitsononelotinany
configuration,ineitherattachedordetachedstructures.ThedefinitionofARUis
differentiatedfromduplexbyreferencetothesizelimitations.Thedefinitionof
clusteredresidentialunitsismovedfromtheNormalNeighborhoodDistrictchapter
tothedefinitions.Adefinitionisaddedforacottageincottagehousingdevelopment.
Thedefinitionofmultifamilydwellingisrevisedtoclarifythataduplexthatispartof
alargerdevelopmentofthreeunitsorgreater,isconsideredamultifamilydwelling.
B.Discussion
TherearethreenewsectionsthatwereaddedtotheordinancesincetheApril27,2021
PlanningCommissionstudysessionincludingSection2onNonconformingStructures
(page3),Section7onStandardsforUrbanResidentialZones(page21),andSection18
onDevelopmentStandardsforHillsideLands(page48).
NonconformingStructures
Thenewstaterules\[OAR660-046-0105(1)\]require“AmediumCitymust
allowforthedevelopmentofaDuplex,includingthoseDuplexescreated
throughconversionofanexistingdetachedsingle-familydwellingoneachLot
orParcelzonedforresidentialusethatallowsforthedevelopmentof
detachedsingle-familydwellings.”
Fornonconformingsituations,thestaterules\[OAR660-046-0130\]statethat
conversionofanexistingdetachedsingle-familydwellingtoaduplexis
allowed“providedthattheconversiondoesnotincreaseconformancewith
applicableclearandobjectivestandardsintheMediumCity’sdevelopment
code,unlessincreasingnonconformanceisotherwiseallowedbytheMedium
City.”
Thestatemodelcodeincludessuggestedlanguageforconversionofa
nonconformingdetachedsingle-familyresidenceandthislanguageisaddedto
theexistingcodesection18.1.4.030onnonconformingstructures(seepage4
of91).
StandardsforUrbanResidentialZones
Thecodeincludesabuildingseparationrequirementinthemultifamilyzones,
R-2andR-3,of½theheightofthetallestbuildingandaminimumof12feet
(seepage23of91).However,currentlythisdoesnotapplytodetached
single-familydwellingsandaccessorystructures.Sincestatelawrequiresthe
sametreatmentfordetachedsingle-familydwellingsandduplexes,ARUsand
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage5of8
duplexesareaaddedtothelistofexemptionsfromthebuildingseparation
requirementinfootnote8.
DevelopmentStandardsforHillsideLands
Thecodeallowsdevelopmentof“oneunit”onexistingparcelswithout
buildablearealessthanorequalto35percentslope(seepage49of91).The
newstaterulesallowcitiestolimitdensityindocumentednaturalhazardareas
\[OAR660-046-0010(3)(c)\],andasaresult,staffinitiallydidn’tsuggest
amendmentstothissection.However,afterfurtherreview,itappearsthenew
staterulesapplytonewdevelopmentinnaturalhazardareas,andthat
conversionofexistingdetachedsingle-familyresidencesremainsa
requirementevenifanareaisanaturalhazardarea.Asaresult,staffhas
includedlanguageforthePlanningCommissionsdiscussionthatwouldallow
existinglotsover35percentslopestodevelopanARUorduplex.
TheproposeddefinitionofaduplexinthedraftcodeamendmentsisfromtheStateof
twounitsononelotinany
OregonModelCodeforMediumCitiesandis“
configurationincludingeitherinattachedordetachedstructures.
”Citieshavethe
optionunderstatelawofdefiningaduplexastwoattacheddwellingunitsononelot,or
astwounitsonalotinanyconfiguration(i.e.,attachedanddetachedstructures).
IfAshlandweretousethenarrowerdefinitionofaduplex,whichistwoattachedunitson
onelot,thecodeinthecurrentformwouldrequireaplanningapplication(i.e.,Site
DesignReview)andapprovalforadetachedsecondunit.However,bystatelaw,theCity
cannotrequireaseparateplanningapplicationandapprovalprocessfora“duplex”but
insteadmustallowtheconstructionofaduplexbyobtainingabuildingpermitalone–
becausethisisthecomparableprocessforadetachedsingle-familyhomeinAshland.
Theresultoflimitingthedefinitionofaduplextotwoattachedunitswouldbethattwo
attachedunitsononelotwouldinmostcasesbeallowedbyobtainingabuildingpermit.
Incontrast,twodetachedunitsononelotwouldrequirefirstaplanningapplicationand
approval,andtheniftheprojectwasapproved,abuildingpermitforconstructionofthe
seconddetachedunit.
Staffbelievestheflexibilitytodefineaduplexastwounitsononelotinany
configuration(i.e.,attachedordetachedstructures)hasseveraladvantagesthatare
describedbelow.Asaresult,staffrecommendsusingthemoreflexibledefinitionofa
duplex.
Createsequityintheapprovalprocessbyhavingoneprocess,timelineandpermit
coststhataddressallpermitsfortwounitsonalotwhetherthereisonebuilding
ortwobuildingsontheproperty.Aplanningapplicationandapprovaladdstime
andapplicationcostsforthepropertyowner.Inaddition,therequiredpublic
noticingprocessforaplanningapplicationandthepossibilityofapublichearing
requestbyaneighborwilldetersomepropertyownersfrompursuingdetached
units.Aplanningapplicationprocesscanalsocreateneighborhoodexpectations
thatdon’talignwithstaterequirementsforclearandobjectivestandardsfor
neededhousing.
Providesmoredesignflexibilitytotailortheunitconfigurationtobestsuitan
individualproperty.Commondesignissuesaretreepreservation,creatingor
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage6of8
preservingyardspace,andphysicalconstraintssuchassteepslopesandriparian
areas.Ifaplanningapprovalprocessisretainedfordetachedunitsbutnotfor
attachedunits,itmaycreateadisincentiveanddiscourageabetterdesignusinga
detachedstructure.Differentprocessesmayalsoresultinunusualattached
designstoavoidtheaddedplanningprocessandadditionalfees.
Removesbarrierstohousingproductionofrentalunitsandtherefore,addresses
adoptedhousingpolicyandhousingneedsanalysistoaddresslowvacancyrates,
varietyofhousingtypesandhousingcosts.
Enhancescustomerserviceandefficiencyinadministrationofthelandusecode.
Oneapprovalprocessfortwounitsononelotwhetherthereisonebuildingor
twobuildingswillrequirelessstafftimethanhavingtoexplaintwodifferent
processes,timelinesandrelatedfees.
StaffisrecommendingthatARUsalsodonotrequireaseparateplanningapplication
forthesamereasonsdescribedabove.Currently,ARUsthatareunder500square
feetinsizeandareattachedtothesingle-familyresidencearepermittedwitha
buildingpermit.However,ARUsover500squarefeetinsize,ARUslocatedina
detachedstructureorARUsinthehistoricdistrictsarerequiredtoobtainaplanning
approvalforSiteDesignReviewbeforemovingtothebuildingpermitstageofthe
project.
C.ProjectBackground
Inthe2019legislativesession,theOregonStateLegislaturepassedHB2001which
requires“medium”citiessuchasAshlandtoamendlocalzoningcodestoallowduplexes
onresidentiallyzonedlotsthatallowthedevelopmentofdetachedsingle-familyhomes.
HB2001alsoincludesaprovisionthatprohibitsjurisdictionsfromrequiringoff-street
parkingandowner-occupancyrequirementsforARUs.HB2001becameeffectiveon
August8,2019.
Ayearlater,theLandConservationandDevelopmentCommission(LCDC)adopted
Chapter660Division46MiddleHousinginMediumandLargeCities.The
administrativerulesbecameeffectiveonAugust7,2020andoutlinerequirementsfor
mediumcitiesforthelandusereviewprocessanddevelopmentstandardsforduplexes.
HB2001saysthatcitiesmayregulatethesitinganddesignofduplexesaslongasthe
regulationsdonot,individuallyorcumulatively,deterthedevelopmentofduplexes
throughunreasonablecostanddelay.Theadministrativerulesclarifythatsitingand
designstandardsthatcreateunreasonablecostanddelayincludeanystandardsappliedto
duplexdevelopmentthataremorerestrictivethanthoseapplicabletodetachedsingle-
familydwellingsinthesamezone.
InAshland,detachedsingle-familyhomesareapermitteduseandinmostcasessimply
requireabuildingpermit.Theexceptionsareplanningapprovalsrequiredforexceeding
themaximumpermittedhousesize(MPFA)inthehistoricdistricts,exceptionsforthe
solarsetback,variancestodimensional,parkingandaccessrequirements,treeremoval
permits,andpermitsforconstructioninnaturalhazardandresourceareassuchashillside
lands(25percentslopeandgreater),floodplains,riparianareasandwetlands.
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage7of8
ThePlanningCommissiondiscussedtheproposedcodeamendmentsatfourelectronic
publicmeetingsincludingOctober13,2020,December22,2021,February23,2021and
April27,2021.ThePlanningCommissioninitiatedthelegislativeamendmenttoamend
theopenspacestandardsattheApril27,2021meeting.
InadditiontothePlanningCommissionmeetings,anelectronicdevelopmentroundtable
meetingwasheldonApril21,2021toprovideinformationandobtaincommentsonthe
proposedcodeamendments.Thirty-fivedevelopmentprofessionalsincludingplanners,
designprofessionals,contractorsanddeveloperswereinvited.Staffpreviouslysent
meetingandcodeupdatestothesamegroupfortheabovementionedPlanning
Commissionmeetings.
Finally,staffpresentedthecodeamendmentstotheHousingandHumanServices
Commission(HHSC)onApril22,2021.TheHHSCvotedtosupportthe
recommendationsforduplexandARUcodechangesandoptionspresentedbythe
PlanningDepartment.Atthetimeofwriting,staffwasscheduledtopresentthecode
amendmenttotheHistoricCommissiononMay5,2021.
II.Procedural
18.5.9.020ApplicabilityandReviewProcedure
ApplicationsforPlanAmendmentsandZoneChangesareasfollows:
B.TypeIII.
Itmaybenecessaryfromtimetotimetomakelegislativeamendmentsinorderto
conformwiththeComprehensivePlanortomeetotherchangesincircumstancesor
conditions.TheTypeIIIprocedureappliestothecreation,revision,orlarge-scale
implementationofpublicpolicyrequiringCityCouncilapprovalandenactmentofan
ordinance;thisincludesadoptionofregulations,zonechangesforlargeareas,zone
changesrequiringcomprehensiveplanamendment,comprehensiveplanmaportext
amendment,annexations(seechapter18.5.8forannexationinformation),andurbangrowth
boundaryamendments.ThefollowingplanningactionsshallbesubjecttotheTypeIII
procedure.
1.ZonechangesoramendmentstotheZoningMaporotherofficialmaps,exceptwhere
minoramendmentsorcorrectionsmaybeprocessedthroughtheTypeIIprocedure
pursuanttosubsection18.5.9.020.A,above.
2.ComprehensivePlanchanges,includingtextandmapchangesorchangestoother
officialmaps.
3.LandUseOrdinanceamendments.
4.UrbanGrowthBoundaryamendments.
III.ConclusionsandRecommendations
StaffrecommendsthePlanningCommissionrecommendapprovaloftheproposedamendments
totheCityCouncilaspresentedorwithmodificationsinordertomeetthestatedeadlineof
adoptionoftherequiredduplexandARUprovisionsbyJune30,2021.Theproposed
amendmentsarescheduledforapublichearingandfirstreadingattheCityCouncilonJune1
andforsecondreadingonJune15.
PlanningActionPA-L-2021-00010AshlandPlanningDivision–StaffReport
Applicant:CityofAshlandPage8of8
1 ORDINANCE NO.
2
ANORDINANCEAMENDINGCHAPTERS18.1.4,18.2.2,18.2.3,18.2.5,
18.3.4,18.3.5,18.3.9,18.3.10,18.3.12,18.4.2,18.4.3,18.5.2,18.5.7,AND18.6.1
3
OFTHEASHLANDLANDUSEORDINANCETOAMENDTHE
4
ALLOWANCESANDDEVELOPMENTSTANDARDSFORDUPLEXES
5
ANDACCESSORYRESIDENTIALUNITSASREQUIREDBYHOUSE
6
th
BILL2001FROMTHE80OREGONLEGISLATIVEASSEMBLY,2019
REGULARLEGISLATIVESESSION
7
8
Annotated to show deletions and additionsto the Ashland Municipal Code sections being
9
bold lined throughbold underlined.
modified. Deletions are , and additions are
10
11
WHEREAS,
Article 2. Section 1 of the Ashland City Charter provides:
12
Powers of the CityThe City shall have all powerswhich the constitutions, statutes, and common
13
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
14
fully as though this Charter specifically enumerated each of those powers, as well as all powers
15
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
16
specifically granted. All the authority thereof shall have perpetual succession.
17
18
WHEREAS,
the above referencedgrant of power has been interpreted as affording all
19
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
20
Beaverton v. International Ass’n of Firefighters, Local 1660, Beaverton Shop20 Or. App. 293;
21
531 P 2d 730, 734 (1975); and
22
23
WHEREAS,
House Bill(HB)2001“relating tohousing; creating new provisions; amending
24
ORS197.296, 197.303, 197.312 and 455.610 and section 1, chapter 47, Oregon Laws 2018; and
25
declaring an emergency” was passed at the 80th Oregon Legislative Assembly,2019 Regular
26
Session,and became effective on August 8, 2019. HB 2001 requires “medium” cities to amend
27
local land use codesto allow duplexes on residentially zoned lots that allow the development of
28
detached single-family homes. A medium city is defined as with a population of between 10,000
29
and 25,000, and the 2020 population estimate for Ashland from Portland State University is
30
21,105.HB 2001allowscities toregulate the siting and design of duplexes as long as the
191
ORDINANCE NO. # Page of
1regulations do not, individually or cumulatively, deter the development of duplexes through
2unreasonable cost and delay.
3
WHEREAS,t
4he Land Conservation and Development Commission (LCDC) adopted Chapter
5660 Division 46 Middle Housing in Medium and Large Cities in July 2020 and the
6administrative rules becauseeffective on August 7, 2020. The administrative rules provide
7standards for medium cities for the implementation of the middle housing requirements of HB
82001. The administrative rulesclarify that siting and design standards that create unreasonable
9cost and delay include any standards applied to duplex development that are more restrictive than
10those that are applied to detached single-family dwellings in the same zone.
11
WHEREAS
12, the City of Ashland Planning Commission considered the above-referenced
13recommended amendments to the Ashland Land Use Ordinanceat a duly advertised public
14hearingsonMay 11, 2021,and following deliberations, recommended approval of the
15amendments by a vote of (#-#);and
16
WHEREAS
17, the City Council of the City of Ashland conducted a duly advertised public hearing
18on the above-referenced amendments on June 1, 2021; and
19
WHEREAS
20, the City Council of the City of Ashland, following the close of the public hearing
21and record, deliberated and conducted first and second readings approving adoption of the
22Ordinance in accordance with Article 10 of the Ashland City Charter; and
23
WHEREAS
24, the City Council of the City of Ashland has determined that in order to meet the
25requirements of state law and protect and benefit the health, safety and welfare of existing and
26future residents of the City, it is necessary to amend the Ashland Land Use Ordinancein the
27manner proposed, that an adequate factual base exists for the amendments, the amendments are
28consistent with the Ashland Comprehensive Plan and that such amendments are fully supported
29by the record of this proceeding.
30
291
ORDINANCE NO. # Page of
1THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
2
SECTION 1.
3Ashland Municipal Code Title 18 Land Useis hereby amendedas follows.
4
SECTION2.
5Section18.1.4.030\[NonconformingStructures–NonconformingSituations\]of
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
6
7
18.1.4.030NonconformingStructures
8
Section 18.1.4.030 regulates nonconforming structures, except for nonconforming structures in
9 Water Resource Protection zones subject to subsection 18.3.11.050.A.3. Nonconforming
structures exist on the effective date of adoption or amendment of this ordinance, but could not
10
be built under the terms of the ordinance today; for example, the structure(s) does not comply
11
with current requirements for height and setbacks. If the structure or development was lawful
when constructed, it may remain on site so long as it remains otherwise lawful and complies
12
.
with the following regulations
13
A.Exempt Alterations.A nonconforming structure may be altered as follows, subject to
14
approval of required building permits.
15
1.Additions and alterations are permitted if the improvement, evaluated separately from
the existing structure, conforms to this ordinance.
16
2.Restoration, rehabilitation, repair, and maintenance of a nonconforming structure (e.g.,
17
roof repair, upgrading electrical systems, and similar work) are permitted where all of the
18
following standards are met:
19
a.The structure is not changed in size or shape (i.e., three-dimensional building
envelope must not change including but not limited to building footprint, mass,
20
volume, roof shape, and height).
21
b.Not more than 40 percent of any exterior building wall and not more than 50
22
percent of the building floor area is permanently removed; where a larger
alteration is proposed, approval of a Conditional Use Permit is required.
23
c.Where temporary or permanent removal of a building wall or floor area is
24
proposed, the owner shall submit with a building permit application a construction
25
management plan that documents existing building conditions, proposed
methods of construction, and proposed building plans.
26
3.Reconstruction of garages and sheds if the use is not changed and the structure is not
27
changed in size or shape (i.e., three-dimensional building envelope does not change
28
including but not limited to building footprint, mass, volume, roof shape, and height).
29
4.Destruction. A legal nonconforming structure that is damaged by means beyond the
owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50
30
percent or more of its replacement cost, may be restored or reconstructed within the
original three-dimensional building envelope (i.e., relative to coverage, height, setbacks,
391
ORDINANCE NO. # Page of
and other dimensions of the developed area) provided the nonconformity shall not
1
increase. Any residential structure in a zone where residential uses are allowed that is
2
damaged beyond 50 percent of its replacement cost by such catastrophe may be
3 reconstructed at the original density, provided a building permit application for the
reconstruction is submittedwithin two years of the catastrophe.
4
5.Conversion of an existing detached single-family dwelling to a duplex is
5
permitted, provided the conversion does not increase the nonconforming
characteristics of the structurewith applicable clear and objective standards (e.g.,
6
dimensional standards).
Commented \[mh1\]:
Allowingconversion of existing
7
detached single-family dwellings, including conversionsof
B.Planning Approval Required.A nonconforming structure may be altered (i.e.,
nonconforming structures, is required by OAR 660-046-
8
reconstructed, enlarged, or modified) subject to approval of a Conditional Use Permit under
0130. Suggested language is from the state’s model code.
chapter 18.5.4 and approval of required building permits, except that a planning action is not
9
required for exempt alterations described in subsection 18.1.4.030.A, above. A
10
nonconforming structure may be rebuilt pursuant to this subsection, provided in a historic
district the applicant must demonstrate that restoration is not practicable.
11
12
SECTION3.
Section18.2.2.030\[AllowedUses–BaseZonesandAllowedUses\]ofthe
13
AshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
14
18.2.2.030Allowed Uses
15
A.Uses Allowed in Base Zones.Allowed uses include those that are permitted, permitted
16
subject to special use standards, and allowed subject to approval of a conditional use
17
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
18
allowed, or is not allowed, following the procedures of section 18.1.5.040.
19
B.Permitted Uses and Uses Permitted Subject to Special Use Standards.Uses listed as
20
“Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)”
are allowed, provided they conform to chapter 18.2.3Special Use Standards. All uses are
21
subject to the development standards of zone in which they are located, any applicable
22
overlay zone(s), and the review procedures of part 18.5. Seesection 18.5.1.020.
23 C.Conditional Uses.Uses listed as “Conditional Use Permit Required (CU)” are allowed
subject to the requirements of chapter 18.5.4.
24
D.Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an
25
allowed use following the procedures of section 18.1.5.040are prohibited. Prohibited uses
26 are subject to the violations, complaints, andpenalties sections in18-1.6.080,18-1.6.090,
and18-1.6.100.
27
E.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2,
28
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
29
in special districts CM, HC, NM, NN and SOU, andfor regulations applying to the City’s
30
overlays zones, refer to part 18.3.
F.Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as
491
ORDINANCE NO. # Page of
accessory uses. For information on other uses that are customarily allowed as accessory,
1
please refer to the description of the land use categories in part18.6Definitions.
2
G.Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
3
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
4
H.Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4;
5
except as follows:
6
1.Short-Term Events.The Staff Advisor may approve through Ministerial review short-term
7
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
8
occur on public property (e.g., street right-of-way, parks, sidewalks, or other public
9
grounds) require a Special Event Permit pursuant to AMC 13.03.
10
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
11
accompanied by any off-premises advertisement. For the purpose of this ordinance,
12
garage sales meeting the requirements of this subsection shall not be considered a
commercial activity.
13
3.Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar
14
structure may be permitted for a period not to exceed 90 calendar days upon the
15
granting of a permit by the BuildingOfficial. Such occupancy may only be allowed in
conjunction with construction on the site. Said permit shall not be renewable within a six-
16
month period beginning at the first date of issuance, except with approval of the Staff
17
Advisor.
18
I.Disclaimer. Property owners are responsible for verifying whether a proposed use or
development meets the applicable standards of this ordinance.
19
20
21
22
23
24
25
26
27
28
29
30
591
ORDINANCE NO. # Page of
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
1
A. Agricultural Uses
Agriculture,except Keeping of Bees,
4
Animal sales, feed yards, keeping of
Livestock and Micro-Livestock, Homegrown
PPPPPPNNNswine, commercial compost, or similar
Marijuana Cultivation, and Marijuana
5
uses not allowed
Production
Sec. 18.2.3.160
6
Keeping of BeesSSSSSSNNN
7
Keeping of LivestockSNNNSSNNN
Keeping of Micro-LivestockSSSSSSNNN
8
Sec. 18.2.3.190
9
Marijuana Cultivation, HomegrownSSSSSSSSS
See General Industrial, Marijuana
10
Production
B. Residential Uses
11
See Single-FamilySingle-family
12
standards in Sec. 18.2.5.090
13
Sec. 18.2.3.130for dwellings in C-1
Single-FamilySingle-family Dwelling PPPPPPSSNzone and E-1 zone
14
Dwellings and additions in Historic
15
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
16
Sec. 18.2.3.040and Sec.
18.5.2.020.C.2
17
P orP or P or N
Accessory Residential UnitSSNNN
SSSSDwellings and additions in Historic
18
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Commented \[mh2\]:
19
Added per comment at 4/27/2021
Planning Commission study session.
Cottage HousingSNNNNNNNNSec. 18.2.3.090 Cottage Housing
20
Sec. 18.2.3.110 DuplexDwellingand
Sec. 18.5.2.020.C.2
21
DuplexDwellingPSPSPSNSNS
SSSN
Sec. 18.2.3.130 for dwellings in C-1
22
1
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 6of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
zone and E-1 zone
4
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
5
and 18.2.5.070
Sec. 18.2.3.170and not allowed in
Manufactured Home on Individual LotSSSSNNNNN
6
Historic District Overlay
B. Residential Uses 2
7
(continued)
CU+
8
Manufactured Housing DevelopmentNSNNNNNNSec. 18.2.3.180
S
9
Sec. 18.2.3.130for C-1 zone and E-1
zone
10
Dwellings in Transit Triangle (TT)
11
Multifamily DwellingNPPPNNSSN
overlay, see chapter 18.3.14
12
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
13 and 18.2.5.070
Rental Dwelling Unit Conversion to For-
NNSSNNNNNSec. 18.2.3.200
14
Purchase Housing
Home OccupationSSSSSSSSNSec. 18.2.3.150
15
C. Group Living
16
See chapter 18.3.3Health Care
Nursing Homes, Convalescent HomesCUCUCUCUCUCUNNN
Services
17
Residential Care HomePPPPPPNNNSubject to State licensing requirements
18
Residential Care FacilityCUPPPCUCUNNNSubject to State licensing requirements
19
Room and Boarding FacilityNPPPNNNNN
20
D. Public and Institutional Uses
21
AirportSee chapter 18.3.7Airport Overlay
22
2
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 7of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
Cemetery, Mausoleum, ColumbariumNNNNCUNNNN
Family Child Care Home exempt from
4
planning application procedure pursuant
to ORS 329A.440, see part 18.6for
5
Child Care FacilityCUCUCUCUCUCUPPP
definition
6
Subject to State licensing requirements
D. Public and Institutional Uses
7
3
(continued)
8
Club Lodge, Fraternal OrganizationCUCUCUCUCUCUPCUCU
Electrical SubstationNNNNNNCUCUP
9
See chapter 18.3.3Health Care
HospitalsCUCUCUCUCUNNNN
10
Services
Governmental Offices and Emergency
11
Services (e.g., Police, Fire); excluding CUCUNNCUCUPPP
Outdoor Storage
12
Mortuary, Crematorium NNNNCUNPPP
13
Park, Open Space, and Recreational
Facility, including playgrounds, trails, nature
PPPPPPNNN
14
preserves, athletic fields, courts, swim pools,
and similar uses
15
Public Parking Facility NNNNNNPNN
16
Not allowed within 200 ft of a
Recycling DepotNNNNNNNPP
residential zone
17
Religious Institution, Houses of WorshipCUCUCUCUCUCUCUCUCU
18
School, Private (Kindergarten and up)CUCUCUCUCUCUNNN
19
School, Public (Kindergarten and up)PPPPPCUNNN
School, Private College/Trade/Technical
20 NNNNNNNCUP
School
21
22
3
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 8of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
Includes public service building,
yard, and structures such as public
Utility and Service Building, Yard and
4
works yards
Structure, Public and Quasi-Public, CUCUNNCUCUPPP
excluding electrical substations
5
Yards not allowed in the RR, WR,
and C-1 zone
6
P orP orP or
Wireless Communication FacilityCUCUCUCUCUCUSec.18.4.10
CUCUCU
7
E. Commercial Uses
8
Amusement/Entertainment, includes theater,
concert hall, bowling alley, miniature golf, NNNNNNPCUP
9
arcade; excluding drive-up uses
10
Sec. 18.2.3.050
In C-1 zone, fuel sales and service is a
11
permitted use provided within the
Automotive and Truck Repair, or Service;
Freeway Overlay, see chapter 18.3.8;
12
includes fueling station, car wash, tire sales
S or S or conditional use in locations outside of
and repair/replacement, painting, and other NNNNNNP
CUCUFreeway Overlay
13
repair for automobiles, motorcycles, aircraft,
boats, RVs, trucks, etc.
In E-1 zone, auto and truck repair is a
14
permitted use if 200 feet or more from
residential zones; fuel sales and
15
service requires CU permit
Automotive Sales and Rental includes Not allowed within Historic District
16
NNNNNNCUCUP
motorcycles, boats, RVs, and trucks
Overlay
Accessory Travelers’ Accommodation (See CU+CU+
17
NNNNNNNSec. 18.2.3.220
also Travelers’ Accommodation)SS
18
Bakery, except as classified as Food
NNNNNNPPP
Processing
19
Commercial Laundry, Cleaning, and Dyeing
NNNNNNSSPSec. 18.2.3.080
Establishment
20
Commercial Recreation, includes country
21
club, golf course, swimming club, and tennis
CUCUNNCUCUNNN
club; excluding intensive uses such as
22
driving range, race track, or amusement park
23
ORDINANCE NO. # Page 9of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
4
4
E. Commercial Uses (continued)
5
In R-2 zone, uses limited to personal
6
and professional services, except see
Sec. 18.2.3.210for retail uses allowed
7
in Railroad Historic District
Commercial Retail Sales and Services, CU+
8
In E-1 zone, Retail limited to 20,000 sq
NNNNNPSS
except Outdoor Sales and ServicesS
ft of gross leasable floor space per lot.
9
In M-1 zone, uses limited to serving
persons working in zone
10
See Marijuana Retail Sales
11
Per Sec. 18.2.3.100, Drive-Up uses are
Drive-Up Use NNNNNNSNlimited to area east of Ashland St at
12
intersection of AshlandSt/Siskiyou Blvd
*In C-1 zone, requires annual Type I
13
review for at least the first three years,
after which time the Planning
HostelNNCUCUNNCU*NN
14
Commission may approve a permanent
facility through the Type II procedure
15
Hotel/Motel NNNNNNCUCUP
16
No animals kept outside within 200
Kennel (See also Veterinary Clinic)NNNNNNSSCU
17 feet of a residential zone
Limited Retail Uses in Railroad Historic Sec.18.2.2.210for Retail Uses Allowed
NCUCUCUNNNNN
18
Districtin Railroad Historic District
Lumber Yard and Similar Sales of Building
19
or Contracting Supplies, or Heavy
NNNNNNNCUP
Equipment
20
Per Sec. 18.2.3.190, marijuana retail
Marijuana Retail Sales, includes sale of S or S or
21
NNNNNNNsales are limited to the C-1 and E-1
medical and recreational marijuanaCUCU
zones and located on a boulevard or
22
4
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 10of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
200 feet or more from any residential
zone, see Sec 18.2.3.190.
4
Not allowed within the Historic District
Nightclub, BarNNNNNNSCUP
5
Overlay unless located in C-1-D
5
E. Commercial Uses (continued)
6
Office NNCUCUNNPPP
7
Outdoor Storage of Commodities or
NNNNNNCUCUP
Equipment associated with an allowed use
8
Plant Nursery, Wholesale, except Marijuana
NNCUCUNNNNN
Production
9
Self-Service Storage, Commercial (Mini-
NNNNNNNCUP
Warehouse)
10
Traveler’s Accommodation (See also CU+CU+
NNNNNNNSec.18.2.3.220
Accessory Travelers’ Accommodation)SS
11
Veterinary ClinicNNNNNNPPP
12
F. Industrial and Employment Uses
13
In the E-1 zone, uses within 200 feet
Cabinet, Carpentry, and Machine Shop, and S or
NNNNNNNPof a residential zone require CU
14
related Sales, Services, and RepairsCU
permit
Commercial Excavation and Removal of
15
CU+
Sand, Gravel, Stone, Loam, Dirty or Other NNNNNNNNSec. 18.2.3.070
S
Earth Products
16
Concrete or Asphalt Batch PlantNNNNNNNNCU
17
Dwelling for a caretaker or watchmanNNNNNNNCUCU
18
In the C-1 zone, manufacture or
assembly of items sold is a permitted
19
Food Products use, provided such manufacturing or
Manufacture/Processing/Preserving, assembly occupies 600 square feet
NNNNNNSSP
20
including canning, bottling, freezing, drying, or less, and is contiguous to the
and similar processing and preserving.permitted retail outlet
21
In the E-1 zone, See Sec. 18.2.3.140
22
5
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 11of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
4
5
6
F. Industrial and Employment Uses
6
(continued)
7
In E-1 and M-1 zones, marijuana
laboratory, processing, and
8
production are subject to the special
Manufacture, General, includes Marijuana P or P or
NNNNNNNuse standards in Sec. 18.2.3.190
9 Laboratory, Processing, and ProductionSS
See Marijuana Cultivation,
10
Homegrown
Requires assembly, fabricating, or
11
packaging of products from
previously prepared materials such
12
as cloth, plastic, paper, cotton, or
wood
13
Manufacture, Light; excluding saw, planning
NNNNNNSPP
or lumber mills, or molding plants.In the C-1 zone, manufacture or
14
assembly of items sold in a permitted
use, provided such manufacturing or
15
assembly occupies 600 square feet
or less, and is contiguous to the
16
permitted retail outlet
Outdoor Storage of Commodities or
17
NNNNNNCUCUP
Equipment associated with an allowed use
18
Television and Radio Broadcasting StudioNNNNNNNPP
Deliveries and shipments limited to
19
7AM-9PMwithin 200 feet of a
residential zone
Wholesale Storage and Distribution, includes
20
NNNNNNNSS
Marijuana Wholesale
In E-1 and M-1 zones, marijuana
21
wholesale is subject to the special
use standards in Sec. 18.2.3.190
22
6
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
23
ORDINANCE NO. # Page 12of 91
24
25
26
1
Table 18.2.2.030 –Uses Allowed by Zone
R-1-C-1 &
2
R-1R-2R-3RRWRE-1M-1
Special Use Standards
3.5C-1-D
3
Wrecking, Demolition, and Junk YardsNNNNNNNNCU
4
5
G. Other Uses
6
Temporary Tree SalesNNNNNNPNNAllowed from November 1 to January 1
7
Temporary UseCU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDINANCE NO. # Page 13of 91
24
25
26
SECTION4.
1Section18.2.3.040\[AccessoryResidentialUnit–SpecialUseStandards\]of
theAshlandLandUseOrdinanceisherebyamendedasfollows:
2
18.2.3.040AccessoryResidentialUnit
3
AccessoryresidentialunitsaresubjecttoSiteDesignReviewunderchapter18.5.2,
4
exceptasexemptedinsubsection18.2.3.040.A,belowarepermittedoutrightwithan
5
approvedbuildingpermitprovidedtheaccessoryresidentialunitmeetsallofthe
6 followingrequirements.
A.The accessory residential unitis located in a residential zone including the R-1,
7
R-1-3.5, RR, WR, R-2, R-3, NN,and NM zones.
8
B. One accessory residentialunitis allowed per lot, and themaximum number of
9
dwellings shall not exceed two per lot.
10
C.Accessory residential unitsare not subject to the maximum density or minimum
lot area requirements of the zone.
11
D.Accessoryresidentialunitsshallbeincludedforthepurposesofmeeting
12
minimumdensitycalculationrequirementsfortheR-2andR-3zonesin
13
18.2.5.080.Candforresidentialannexationsin18.5.8.050.F.
14
E.Off-streetparkingspacesarenotrequiredforaccessoryresidentialunitsas
specifiedintheparkingratiorequirementsinsection18.4.3.040.
15
F.The proposal shall conform to the applicable dimensional standards in chapter
16
18.2.5 Standards for Residential Zones including but not limited to lot coverage,
17
setbacks,and building height.
18
G.Size Requirements
19
1.Single-Family Zones. Inthe R-1,R-1-3.5, RR,WR, and NNzones, the
maximum gross habitable floor area (GHFA) of the accessory residential unit
20
shall not exceed 50 percent of the GHFA of the single-family dwellinglocated
21
on the same lot, and shall not exceed 1,000 square feet GHFA.
22
2.Multiple Family Zones. In the R-2and R-3zones, the maximum gross
habitable floor area (GHFA) of the accessory residential structure shall not
23
exceed 50 percent of the GHFA of the single-family dwellinglocatedon the
24
same lot, and shall not exceed 500 square feet GHFA.
25
3.NMZones.IntheNorthMountainNeighborhoodNMzones,themaximum
grosshabitablefloorarea(GHFA)oftheaccessoryresidentialunitmustnot
26
exceed750squarefeetGHFAandthatsecondstoryaccessoryresidential
27
unitsconstructedaboveadetachedaccessorybuildingmustnotexceed500
squarefeetGHFA.
28
A.Exemptions. Accessory residential units are permitted outright with an approved
29
building permit, and are allowed without a Site Design Review under chapter
30
18.5.2 provided that the accessory residential unit meets all of the following
requirements.
1491
ORDINANCE NO. # Page of
1.The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM
1
zones. Accessory residential units in the R-2 and R-3 zones require Site
2
Design Review under chapter 18.5.2 and are not permitted outright under this
subsection.
3
2.The accessory residential unit meets all of the requirements of the applicable
4
zone in subsections 18.2.3.040.B, C, E and F, below, except as otherwise
5
exempted in subsection 18.2.3.040.A.
6
3.The size of the accessory residential unit is less than 500 square feet of
gross habitable floor area (GHFA).
7
4.The accessory residential unit is attached to the primary residence or within
8
an existing primary residence. Accessory residential units located in the
9
Historic District overlay and including exterior building changes that require
a building permit, and accessory residential units located in detached
10
structures (i.e., not attached to the primary residence) require Site Design
11
Review under chapter 18.5.2 and are not permitted outright under this
subsection.
12
5The property must have two off-street parking spaces, except that parking
13
spaces, turn-arounds, and driveways are exempt from the requirements in
14
subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection
18.4.3.080.E.1.
15
6.Additional off-street parking is not required for the accessory residential unit
16
if on-street parking is permitted within 200 feet of the property. Alternatively,
17
one off-street parking space may be provided on the property in
conformance with the off-street parking provisions for accessory residential
18
units in section 18.4.3.080.
19
B.R-1 Zone. Accessory residential units in the R-1 zone shall meet the following
20
requirements.
21
1.One accessory residential unit is allowed per lot, and the maximum number
of dwelling units shall not exceed two per lot.
22
2.Accessory residential units are not subject to the density or minimum lot
23
area requirements of the zone.
24
3.The maximum gross habitable floor area (GHFA) of the accessory residential
25
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.
26
4.The proposal shall conform to the overall maximum lot coverage and setback
27
requirements of the underlying zone.
28
5.Additional parking shall be provided in conformance with the off-street
29
parking provisions for single-family dwellings in section 18.4.3.080, except
that parking spaces, turn-arounds, and driveways are exempt from the
30
requirements in subsections 1 and 2 of 18.4.3.080.D andpaving requirements
in subsection 18.4.3.080.E.1.
1591
ORDINANCE NO. # Page of
C.RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory
1
residential units in the RR zone shall meet the following requirements.
2
1.No on-street parking credits shall be allowed for accessory residential units.
3
2.If located in the Wildfire zone, the accessory residential unit shall have a
4
residential sprinkler system installed.
5
D. R-2and 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
6
habitable floor area (GHFA) of the accessory residential structure shall not
7
exceed 50 percent of the GHFA of the primary residence on the lot, and shall not
exceed 500 square feet GHFA.
8
E.NN Zones. Accessory residential units in the Normal Neighborhood District
9
under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B.
10
F.NMZones.AccessoryresidentialunitsintheNorthMountainNeighborhoodNM
11
zonesunderchapter18.3.5shallmeetthestandardsinsubsection18.2.3.040.B,
exceptthatthemaximumgrosshabitablefloorarea(GHFA)oftheaccessory
12
residentialunitmustnotexceed750squarefeetGHFAandthatsecondstory
13
accessoryresidentialunitsconstructedaboveadetachedaccessorybuilding
mustnotexceed500squarefeetGHFA.
14
15
SECTION5.
Section18.2.3.090\[CottageHousing–SpecialUseStandards\]ofthe
16
AshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
17
18.2.3.090CottageHousing
18
A.Purpose and Intent. The purpose and intent of this chapter is to encourage innovative
19
site planning and variety in housing while ensuring compatibility with established
neighborhoods, and toprovide opportunities for ownership of small detached single-
20
family dwellings for a population diverse in age, income, and household size. Where
21
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.
22
B. Exceptions and Variances. Requests to depart from the requirements of this chapter
23
are subject to the approval criteria under section 18.5.2.050.E Exception to the Site
24
Development and Design Standards.
25
C.Development Standards. Cottage housing developments shall meet all of the
following requirements.
26
1.CottageHousingDevelopmentDensity.CottageHousingDensitythe
27
permittednumberofunitsandminimumlotareasshallbeasfollows.
28
a.Themaximumpermittednumberofdwellingsand
DensityCalculation.
29
minimumlotareasforcottagehousingdevelopmentsallowedunderthis
sectionisprovidedinTable18.2.3.090.C.1.a.Cottagehousing
30
developmentsarenoteligiblefordensitybonusespursuanttosubsection
18.3.9.050.B.
1691
ORDINANCE NO. # Page of
1
Table18.2.3.090.C.1.aCottage Housing Development Density
2
Minimum Maximum
3
number of number of Minimum lot size Maximum
Maximum
cottages per cottages per (accommodates Floor Area
4
ZonesCottage
cottage cottage minimum number Ratio
Density
housing housing of cottages)(FAR)
5
developmentdevelopment
6
1 cottage
R-1-5,
dwelling unit per
7 NN-1-53127,500 sq.ft.0.35
2,500 square
NM-R-1-5
feet of lot area
8
1 cottage
R-1-7.5dwelling unit per
9
31211,250 sq.ft.0.35
NM-R-1-7.53,750 square
feet of lot area
10
11
b.Duplexesarepermittedinacottagehousingdevelopmentifthe
Duplexes.
totalnumberofdwellingsinthedevelopmentisatorbelowthemaximum
12
cottagehousingdevelopmentdensityinsubsection18.2.3.090.C.1.a,
13
above.
14
2.Building and Site Design.
15
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
16
parking carports, green houses, and common accessory structures are
17
exempt from the maximum floor area calculation.
18
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
19
800 square feet or less per unit. At least two of the cottages within three-unit
20
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
21
unit shall not exceed 1000 square feet.
22
cBuilding height of all structures shall not exceed 18 feet. The ridge of a
.Height.
23
pitched roof may extend up to 25 feet above grade.
24
dLot coverage shall meet the requirements of the underlying zone
.Lot Coverage.
outlined in Table 18.2.5.030.A.
25
e.A cottage development may include two-unit attached, as
26 Building Separation.
well as detached, cottages. With the exception of attached units, a minimum
27
separation of six feet measured from the nearest point of the exterior walls is
28 required between cottage housing units. Accessory buildings (e.g., carport,
garage, shed, multipurpose room) shall comply with building code requirements
29
for separation from non-residential structures.
30
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
1791
ORDINANCE NO. # Page of
sideyards abutting a public street, and on the perimeter of the development
1
shall meet the fence standards of section 18.4.4.060.
2
3.Access, Circulation,and Off-Street Parking Requirements. Notwithstanding the
3
provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site
Development and Site Design Standards, cottage housing developments are
4
subject to the following requirements:
5
a.Except for those street connections identified on the
Public Street Dedications.
6
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
7
that the cottage housing development meets connectivity and block length
8
standardsby providing public access for pedestrians and bicyclists with an
alley, shared street, or multi-use path connecting the public street to adjoining
9
properties.
10
b.. Driveway and parking areas shall meet the
Driveways and parking areas
11
vehicle area design standards of section 18.4.3.
12
iParking shall meet the minimum parking ratios per 18.4.3.040.
.
13
ii. Parking shall be consolidated to minimize the number of parking areas, and
shall be located on the cottage housing development property.
14
iii.Off-street parking can be located within an accessory structure such as a
15
multi-auto carport or garage, but such multi-auto structures shall not be
16
attached to individual cottages. Single-car garages and carports may be
attached to individual cottages. Uncovered parking is also permitted
17
provided that off street parking is screened in accordance with the
18
applicable landscape and screening standards of chapter 18.4.4.
19
4.Common Open Space.Common open space shall meet all of the following
standards.
20
a.A minimum of 20 percent of the total lot area is required as common open
21
space.
22
b.Common open space(s) shall have no dimension that is less than 20 feet
23
unless otherwise granted an exception by the hearing authority. Connections
between separated common open spaces, not meeting this dimensional
24
requirement, shall not contribute toward meeting the minimum common open
25
space area.
26
c.Shall consist of a central space, or series of interconnected spaces.
27
d.Physically constrained areas such as wetlands or steep slopes cannot be
counted towards the common open space requirement.
28
e.At least 50 percent of the cottage units shall abut a common open space.
29
f.The common open space shall be distinguished from the private open spaces
30
with a walkway, fencing, landscaping, berm, or similar method to provide a
visual boundary around the perimeter of the common area.
1891
ORDINANCE NO. # Page of
g.Parking areas and driveways do not qualify as common open space.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Figure 18.2.3.090 Cottage Housing Conceptual Site Plans
21
22
5.Private Open Space.Each residential unit in a cottage housing development shall
23
have a private open space. Private open space shall be separate from the common
open space to create a sense of separate ownership.
24
a.Each cottage unit shall be provided with a minimum of 200 square feet of
25
usable private open space. Private open space may include gardening areas,
26
patios, or porches.
27
b.No dimension of the private open space shall be less than 8 feet.
28
6.Common Buildings, Existing Nonconforming Structures and Accessory Residential
Units.
29
a.Up to 25 percent of the required common open space, but
Common Buildings.
30
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
1991
ORDINANCE NO. # Page of
attached to cottages.
1
b. Consolidated carports or garage structures,
Carports and garage structures.
2
provided per 18.2.3.090.C.3.b, are not subject to the area limitations for
3
common buildings.
4
c.An existing single-family residential structure
Nonconforming Dwelling Units.
built prior to December 21, 2017 (Ord. 3147), which may be nonconforming
5
with respect to the standards of this chapter, shall be permitted to remain.
6
Existing nonconforming dwelling units shall be included in the maximum
permitted cottage density. 1,000 square feet of the habitable floor area of such
7
nonconforming dwellings shall be included in the maximum floor area permitted
8
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
9
square feet shall not be included in the maximum floor area ratio.
10
d.New accessory residential units (ARUs)are not
Accessory Residential Units.
11
permitted in cottage housing developments, except that an existing ARUthat is
accessory to an existing nonconforming single-family structuredwellingmay
12
be counted as a cottage unit if the property is developed subject to the
13
provisions of this chapter.
14
7.Storm Water and Low-Impact Development.
15
a.Developments shall include open space and landscaped features as a
component of the project’s storm water low impact development techniques
16
including natural filtration and on-site infiltration of storm water.
17
b.Low impact development techniques for storm watermanagement shall be
18
used wherever possible. Such techniques may include the use of porous solid
surfaces in parking areas and walkways, directing roof drains and parking lot
19
runoff to landscape beds, green or living roofs, and rain barrels.
20
c.Cottages shall be located to maximize the infiltration of storm water run-off. In
21
this zone, cottages shall be grouped and parking areas shall be located to
preserve as much contiguous, permanently undeveloped open space and
22
native vegetation as reasonably possiblewhen considering all standards in this
23
chapter.
24
8.Restrictions.
25
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
26
property notifying future property owners of the size restriction.
27
28
SECTION6.
Section18.2.3.110\[DuplexDwellingStandards–SpecialUseStandards\]of
29
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
30
18.2.3.110DuplexDwellingStandards
2091
ORDINANCE NO. # Page of
Duplex dwellings are allowed on corner lots within the R-1 zones in developments
1
using the Performance Standards Option under chapter 18.3.9.
2
Duplexes are permitted outright with an approved building permit provided the
3
duplex meets all of the following requirements.
4
A.The duplex is located in a residential zone including the R-1, R-1-3.5, RR, WR, R-
2, R-3, NN,and NM zones.
5
B. One duplex is allowed per lotand the maximum number of dwellingsshall not
6
exceed two per lot.
7
C.Duplexes are not subject to the maximum density or minimum lot area
8
requirements of the zone, except that duplexes in a cottage housing
development shall meet the density requirements of subsection 18.2.3.090.C.
9
D.
Duplexesshallbeincludedforthepurposesofmeetingminimumdensity
10
calculationrequirementsfortheR-2andR-3zonesin18.2.5.080.Candfor
11
residentialannexationsin18.5.8.050.F.
12
E.The proposal shall conform to the applicable dimensional standards in chapter
18.2.5 Standards for Residential Zones includingbut not limited to lot coverage,
13
setbacks,and building height,except that nonconforming structures meeting
14
the requirements of section 18.1.4.030 Nonconforming Structures may be
converted to a duplex.
Commented \[mh3\]:
15
Cross-reference to 18.1.4.030.A.5on
page 4-allowing conversion of existing detached single-
F.The property shall have two off-street parking spaces in conformance with the
16
family dwellings, including conversions of nonconforming
parking ratiorequirementsin section 18.4.3.040.Parking spaces shall meet the
structures, is required by OAR 660-046-0130.
17
vehicle area design requirementsof section 18.4.3.080, except that parking
spaces, turn-arounds, and driveways are exempt from the requirements in
18
subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection
19
18.4.3.080.E.1.
20
21
SECTION7.
Section18.2.5.030\[StandardsforUrbanResidentialZones–Standardsfor
ResidentialZones\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadas
22
follows:
23
18.2.5.030UnifiedStandardsforResidentialZones
24
A.Standards for Urban Residential Zones.Table 18.2.5.030.A contains standards for
25
the R-1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zonesare
26
contained in subsections 18.2.5.030.B and 18.2.5.030.C.
27
28
29
30
2191
ORDINANCE NO. # Page of
1
2
1
Table 18.2.5.030.A –Standards for Urban Residential Zones
(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-1-10R-1-7.5R-1-5R-1-3.5
5
Residential Density (dwelling
6
units/acre)
NANANANASee density standards in
7
-Minimum
Sec. 18.2.5.080
Per Per Min. Per Min. Per Min.
-Maximum
8 Min. Lot Lot AreaLot AreaLot Area
See also Sec. 18.2.5.080, for
Area
R-2 and R-3 zones
9
Lot Area –Minimum(square
10
feet)
-Lot
1
10,000 7,500 sf5,000 sf, 5,000 sfSee density standards in
11
sf6,000 sf Sec. 18.2.5.080
for
12
corner
lots
13
1 Exception providing for minimum lot area of 3,500 sf in R-1-3.5 zone applies only where the lot contains an
14 existing single-family dwelling that meets setback, density, and lot coverage standards; variances under this
section are subject to Type I procedure.
15
Lot Width –Minimum (feet)75 ft 2 65 ft 2 50 ft 2 50 ft 2 50 ft50 ft
16
2 Width shall not exceed depth
17
Lot Depth (feet)
-Minimum80 ft80 ft 80 ft80 ft80 ft80 ft
18
3
-Maximum150 ft150 ft150 ft250% of 250% of 250% of width
19
widthwidth
3
Does not apply to Partitions
Standard Yards –Minimum 4
20
(feet)
21
-Front –Standard, 15 ft15 ft15 ft15 ft15 ft15 ft
except:
22
-Front –Unenclosed 8 ft 8 ft 8 ft 8 ft8 ft8 ft
5
Porch
23
-Front –Garage 20 ft20 ft20 ft20 ft20 ft20 ft
Opening
24
-Side –Standard6 ft6 ft6 ft6 ft6 ft6 ft
25
-Side –Corner Lot 10 ft10 ft10 ft10 ft10 ft10 ft
Adjacent to Street
26
-Rear –Single-Story 10 ft10 ft10 ft10 ft10 ft10 ft
Building
27
28
29
30
2291
ORDINANCE NO. # Page of
1
Table 18.2.5.030.A –Standards for Urban Residential Zones 1
2
(Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.)
3
R-1
StandardR-2R-3
4
R-1-10R-1-7.5R-1-5R-1-3.5
-Rear –Multi-Story 10 ft 10 ft per 10 ft per 10 ft per 10 ft per 10 ft per Bldg
5
Buildingper Bldg Bldg Bldg Bldg Story, 5 feet
Bldg Story, 5 Story, 5 Story, 5 Story, 5 per Half Story
6
Story,ft per ft per feet per feet per
Half Half Half Half Story
5 ft per
7
StoryStoryStory
Half
Story
8
4 See sections 18.2.4.050 and 18.2.5.060 for yard exceptions, and 18.2.5.040 for accessory structure setback
9 exceptions; additional setbacks may be required to avoid easement encroachments, and to comply with
Solar Access requirements in chapter 18.4.8.
5
10 For setback, or the width of any existing public utility easement, whichever is greater; an unenclosed porch
must 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
11 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.
12
NA 7 NA 7 NA 7 NA 7½ the height of the tallest
Building Separation, On
building, where building
Same Site –Minimum
13
height is measured at the
two closest exterior walls;
14
maximum separation
8
required is 12 ft
15
(see Figure 18.3.9.070.B)
16
17
18
7 Except as required under chapter 18.3.9 Performance Standards Option.
8
Except as required by building code; accessory structures, accessory residential units, and duplexesare
19
exempt from this requirement and subject to applicable building code requirements.
Commented \[mh4\]:
Building separation is not applicable
20
35 ft or 2 ½ to detached single-family dwellings and associated accessory
stories, except structures, and therefore cannot be applied to duplexes.
9
Building Height –Maximum35 ft or 2 ½ stories, whichever is less, except structures
21
up to 50 ft with
(feet)within Historic District Overlay shall not exceed 30 ft
CU permit
22
approval
9
See figure in the definition of “height of building” in section 18.6.1.030.
23
Lot Coverage –Maximum 10
24
(% of lot area)
40%45%50%55%65%75%
25
26
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
27
maximum; 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
28
approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage
maximum.
29
Landscape Area –Minimum
60%55%50%45%35%25%
(% of developed lot area)
30
2391
ORDINANCE NO. # Page of
1
Table 18.2.5.030.A –Standards for Urban Residential Zones 1
2
(Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.)
3
R-1
StandardR-2R-3
4
R-1-10R-1-7.5R-1-5R-1-3.5
Open Space -Minimum (% of
5
11
site area)
6
1211
See chapter 18.3.9 for
NANANANA8%8%
7 additional common open
space requirements in
8 Performance Standard
Options developments.
9
B.Woodland Residential Zone.Standards for the Woodland Residential (WR) zone
10
follow:
11
Table 18.2.5.030.B –Standards for Woodland Residential (WR) Zone
(Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.)
12
Minimum Lot Area and Maximum DensitySlopeMin. Lot SizeDU/Acre
13
Less than 40%2.0.5
. All developments,
Limits on density transfer
40 to 50%2.5.4
14
with the exception of partitioning, must be
50 to 60%5.0.2
developed under the Performance
Over 60%10.0.1
15
Standards Option, chapter 18.3.9. Not more
Outside UGB20.0.05
than 25% of the density allowed in a WR
16
zone may be transferred to a higher density
zone in a Performance Standard Options
17
development.
18
Lot Coverage –Maximum 1(% of lot area)7%
1 A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an
19
approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage
maximum; the porous solid surface exemption does not apply to driveways and parking areas.
20
Lot Width -Minimum (feet)100 ft
21
Lot Depth -Minimum and Maximum (feet)150 ft
22
Standard Yards –Minimum 2(feet)
-Front –Standard20 ft
23
-Side –Standard, except:6 ft
24
-Side –Corner-Street/Alley Side10 ft
-Rear –Single-Story Building10 ft
25
-Rear –Multi-Story Building10 ft per Bldg Story
26
2 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
27
Access requirements in chapter 18.4.8.
28
Maximum Building Height35 ft or 2 ½ stories, whichever is less.
29
30
2491
ORDINANCE NO. # Page of
C.Rural Residential Zone.Standards for the Rural Residential (RR) zone follow:
1
2
Table 18.2.5.030.C –Standards for Rural Residential (RR) Zone
(Except as modified under chapter 18.5.5 and Variances or chapter 18.3.9 Performance Standards Option.)
3
Minimum Lot Area and Maximum Density 1 ZoneMin. Lot Size*
4
RR-.50.5 acre
See also 18.2.5.080 Residential Density.
RR-11 acre
5
RR-2.52.5 acres
1 The minimum lot size depends on the topographic nature, service availability, surrounding land uses, and
6
other relevant characteristics of the area.
Lot Coverage –Maximum (% of lot area)2 Lot TypeLot Coverage
7
RR-.520%
RR-112%
8
RR-2.57%
2 A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an
9
approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage
maximum; the porous solid surface exemption does not apply to driveways and parking areas.
10
Lot Width -Minimum (feet)100 ft
Lot Depth -Minimum and Maximum (feet)150 ft and not more than 300% of width
11
Standard Yards –Minimum 3(feet)
12
-Front –Standard20 ft
-Side –Standard, except:6 ft
13
-Side –Corner-Street/Alley Side10 ft
14
-Rear –Single-Story Building10 ft
-Rear –Multi-Story Building10 ft per Bldg Story
15
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
16
Access requirements in chapter 18.4.8.
17
Maximum Building Height35 ft or 2 ½ stories, whichever is less; except
the height of agricultural structures is not
18
limited, when the structure is placed 50 feet
or more from all property lines.
19
20
21
SECTION8.
Section18.2.5.060\[YardExceptions–StandardsforResidentialZones\]of
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
22
23
18.2.5.060YardExceptions
24
A.Front Yard Exceptions.
25
1.If there are dwellings or accessory buildings on both abutting lots (even if
26
separated by an alley or private way) with front or side yards abutting a public
street with less than the required setback for the district, the front yard for the lot
27
need not exceed the average yard of the abutting structures.
28
2.If there is a dwelling or accessory building on one abutting lot with a front yard of
29
less than the required depth for the district, the front yard need not exceed the
average yard of the depth of the abutting lot and the required front yard depth.
30
3.The front yard may be reduced to ten feet on hillside lots where the terrain has an
average steepness equal to or exceeding a one foot rise or fall in four feet of
2591
ORDINANCE NO. # Page of
horizontal distance within the entire required yard; vertical rise or fall is measured
1
from the natural ground level at the property.
2
B.Side and RearYard Exceptionsfor Accessory Buildings,and Accessory
3
Residential Units, and Duplexes.The side and rear yards for accessory
buildings, accessory residential units,and duplexesmay be reduced as
4
described below provided the structure meets all of the following requirements.
5
1.Structure.
6
a.The structure is not attached to any other buildings or dwellings,and is
7
not more and 15 feet in height.
8
b.If the structure is located on a lot that is notadjacent to an alley, the
structure is located more than 50 feet from any street.
9
c.The side and rear yard exceptions in this section may be applied to a
10
singledetached duplex unit butshall not be applied to both duplex units
11
located on one lot, whether the two units are attached or detached.
12
d.The reduced side or rear yard provision does not apply to the primary
structure.
13
e.Automobile parking located in accessory buildings (e.g., garages and
14
carports)shall meet the dimensional requirements, including but not
15
limited to automobile back-up maneuvering dimensions,in subsection
18.4.3.080.B.
Commented \[mh5\]:
Cross reference to required back-up
16
dimension for parking in garages or carports suggested in
12.Yards Abutting an Alley.For accessory buildings and,accessory residential
comment submitted for 4/27/2021 Planning Commission
17
unitsthat are not attached to any other buildings and not more and 15 feet in
study session.
18
height, tThe side yard abutting an alley may be reduced to three feet and the rear
yard abutting an alley may be reduced to four feet, except that automobile
19
parking located in an accessory building(e.g., garages and carports)shall
20
meet the required back-up maneuvering dimensions in subsection
18.4.3.080.B.The reduced side or rear yard provision does not apply to the
Commented \[mh6\]:
Same as e. above.
21
primary structure.
22
23.Other Side and Rear Yards.For accessory buildings that are not attached to
23
any other building, are not more than 15 feet in height, and are erected more
than 50 feet from any street, tThe side or rear yard may be reduced to three feet,
24
except when said yard is abutting an alley as provided in subsection
25
18.2.5.060.B.12, above.
26
SECTION9.
Section18.2.5.070\[MaximumPermittedResidentialFloorAreainHistoric
27
District–StandardsforResidentialZones\]oftheAshlandLandUseOrdinanceishereby
28
amendedtoreadasfollows:
29
18.2.5.070MaximumPermittedResidentialFloorAreainHistoricDistrict
30
A.Purpose.Section 18.2.5.070 regulates floor area of dwellings to promote compatible
building volume and scale in the Historic District.
2691
ORDINANCE NO. # Page of
B.Applicability.Within residential zones located in the Historic District Overlay, new
1
structures and additions shall conform to the maximum permitted floor area standards
2
of this section, except as provided by 18.2.5.070.C.
3
C.Increases in Allowable MPFA.AConditional Use Permit under chapter 18.5.4 is
required to exceed the MPFA standards of subsections 18.2.5.070.F and
4
18.2.5.070.G, below. In addition to the approval criteria for a Conditional Use Permit,
5
the criteria for Historic District Design Standards approval must be met. In no case
shall the permitted floor area exceed 25 percent of the MPFA.
6
D.Maximum Permitted Floor Area.For purposes of this section, maximum permitted
7
floor area (MPFA) means the gross floor area ofthe primaryadwelling, including but
8
not limited to potential living spaces within the structure with at least seven feet of
head room and attached garages, except as provided by subsection 18.2.5.070.E,
9
below.
10
E.Exceptions.Basements, detached garages, detached accessory structures, and
11
detached accessory residential units, and detached duplex dwellingunitsare not
counted in the gross floor area for the MPFA calculation if separated from the primary
12
dwellingsingle-family dwelling or primary structureby six feet or more. Similarly,
13
unenclosed breezeways, and similar open structures connecting an exempt detached
structure to the primary dwellingsingle-family dwellingor primary structureare
14
not counted in the MPFA calculation.The exception in this section may be applied
15
to asingle detached duplex unitbut shall not be applied to both duplex units
locatedon one lot, whether the two units are attached or detached.
16
17
F.Calculation and Standards.Except as modified by subsection 18.2.5.070.G for
18
multiple dwellings on a lot and residential subdivisions proposed under the
19
performance standards option, the following formula shall be used to calculate the
MPFA for singlefamilysingle-familydwellings,provided however, that regardless of
20
lot size, the MPFA shall not exceed 3,249 square feet:
21
Lot areaxAdj. Factor\[from Table 18.2.5.070(E)\] =Adjusted lot areax0.38 FAR=MPFA
22
Table 18.2.5.070.E: Adjustment Factor Table
23
LotAdj. LotAdj. LotAdj. LotAdj.
AreaFactorAreaFactorAreaFactorAreaFactor
24
0–2500 1.206501 -70000.8811001 –115000.6615501 -160000.55
2501 –30001.167001 -75000.8511501 –120000.6416001 -165000.54
25
3001 –35001.127501 -80000.8212001 –125000.6216501 -170000.53
3501 –40001.088001 -85000.7912501 –130000.6117001 -175000.52
26
4001 –45001.048501 -90000.7713001 –135000.6017501 -180000.51
27
4501 –50001.009001 -95000.7513501 –140000.5918001 -185000.50
5001 –55000.979501 -100000.7314001 –145000.5818501 -190000.49
28
5501 –60000.9410001 -105000.7114501 –150000.5719001 -195000.48
6001 –65000.9110501 -110000.6815001 –155000.5619500 and 0.47
29
greater
30
G.Multiple Dwellings and Residential Performance Standards Option.Where
multiple dwellings are proposed on a single lot, or where a residential subdivision is
2791
ORDINANCE NO. # Page of
proposed under the Performance Standards Option of chapter 18.3.9, the MPFA shall
1
be determined using the following formula:
2
Lot areaxAdj. Factor \[from Table 18.2.5.070(E)\] = Adjusted lot areaxGraduated FAR
3
\[from Table 18.2.5.070(F)\] = MPFA
4
Table 18.2.5.070.F: Graduated FAR Table
5
# unitsFAR# unitsFAR# unitsFAR
6
1.385.46 9.54
7
2.406.4810.56
3.427.50 11.58
8
4.448.52 >11.60
9
SECTION10.
Section18.2.5.080\[ResidentialDensityCalculationsinR-2andR-3Zones
–StandardsforResidentialZones\]oftheAshlandLandUseOrdinanceisherebyamended
10
toreadasfollows:
11
12
18.2.5.080ResidentialDensityCalculationinR-2andR-3Zones
13
A.Density Standard.Except density gained through bonus points under section
18.2.5.080 or chapter 18.3.9 Performance Standards Option and PSO Overlay,
14
development density inthe R-2 and R-3 zones shall not exceed the densities
15
established by this section.
16
B.DensityCalculation.
17
1.Exceptasspecifiedintheminimumlotareadimensionsbelow,thedensityinR-2
anR-3zonesshallbecomputedbydividingthetotalnumberofdwellingunitsby
18
theacreageoftheproject,includinglanddedicatedtothepublic,andsubjecttothe
19
exceptionsbelow.
20
2.Unitslessthan500squarefeetofgrosshabitableareashallcountas0.75unitsfor
thepurposesofdensitycalculations.
21
3.Accessoryresidentialunitsandduplexesarenotrequiredtomeetthedensityor
22
minimumlotarearequirementsofthissection.Seesection18.2.3.040for
23
accessoryresidentialunitstandardsandsection18.2.3.110forduplex
standards.
24
C.Minimum Density.
25
1.The minimum density shall be 80 percent of the calculated base density.
26
2.Exceptions to minimum density standards. The following lots are totally or partially
27
exempt from minimum density standards.
28
a.Lots less than 10,000 sq. ft. in existence prior tothe effective date of this
29
ordinance.
30
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
2891
ORDINANCE NO. # Page of
of the property that is subject to the conditional use for calculations of the
1
minimum base density standard.
2
d.Where a lot is occupied by a single-family residence prior to January 9, 2005
3
(Ord. 2914), the single-family residence may be enlarged or reconstructed
without being subject to the minimum base density standard.
4
e.In the event that a fire or natural hazard destroys a single-family residence,
5
such residence may be replaced without being subject to the minimum base
6
density standard.
7
f.Where floodplains, streams, land drainages, wetlands, and/or steep slopes
exist upon the lot an exception to minimum density requirements may be
8
obtained to better meet the standards of chapter 18.3.10 Physical and
9
Environmental Constraints Overlay.
10
g.A lot that is nonconforming in minimum density may not move further out of
conformance with the minimum density standard. However, units may be
11
added to the lot which bring the lot closer to conformance without coming all
12
the way into conformance provided it is demonstrated that the minimum density
will not be precluded.
13
D.Base Densities and Minimum Lot Dimensions.
14
1. R-2 Zone.Base density for the R-2 zone shall meet the following standards:
15
a.Minimumlotareaforoneortwodwellingsunitshallbe5,000squarefeet,
16
exceptasallowedinsection18.2.3.040foraccessoryresidentialunitsand
17
section18.2.3.110forduplexes.
18
b.Minimumlotareafortwounitsshallbe7,000squarefeet.
19
cb.Minimumlotareaforthreeunitsdwellingsshallbe9,000squarefeet,except
thattheresidentialdensitybonusinsubsection18.2.5.080.F,below,maybe
20
usedtoincreasedensityoflotsgreaterthan8,000squarefeetuptothree
21
unitsdwellings.
22
dc.Formorethanthreeunitsdwellings,thebasedensityshallbe13.5dwelling
unitsperacre.Thepermittedbasedensityshallbeincreasedbythe
23
percentagegainedthroughtheresidentialdensitybonusissubsection
24
18.2.5.080.F.
2.R-3 Zone.Base density for the R-3 zone shall meet the following standards:
25
a.Minimumlotareaforoneortwounitdwellingsshallbe5,000squarefeet,
26
exceptasallowedinsection18.2.3.040foraccessoryresidentialunitsand
27
section18.2.3.110forduplexes.
28
b.Minimumlotareafortwounitsshallbe6,500squarefeet.
29
c.Minimumlotareaforthreeunitsshallbe8,000squarefeet.
30
d.Forthreeormorethanthreeunitsdwellings,thebasedensityshallbe20
dwellingunitsperacre.Thepermittedbasedensityshallbeincreasedbythe
percentagegainedthroughtheresidentialdensitybonusissubsection
2991
ORDINANCE NO. # Page of
18.2.5.080.F,below.
1
E.Exceptions. An accessory residential unit is not required to meet density or
2
minimum lot area requirements per section 18.2.3.040110.
3
FE.Residential Density Bonus.
4
1.Density Bonus Points Authorized.Except as allowed under chapter 18.3.9
5
Performance Standards Option and PSO Overlay, the permitted base density shall
be increased only pursuant to this section.
6
2.Maximum Density Bonus Points.The total maximum bonus permitted shall be 60
7
percent.
8
3.Density Bonus Point Criteria.The following bonuses shall be awarded:
9
a.. The maximum bonus for conservation housing is 15
Conservation Housing
10
percent. One hundred percent of the homes or residential units approved for
development, after density bonus point calculations, shall meet the minimum
11
requirements for certification as an Earth Advantage home, as approved by the
12
Conservation Division under the City’ s Earth Advantage program as adopted
by resolution 2006-6.
13
b.The maximum bonus for provision of common open
Common Open Space.
14
space is ten percent. A one percent bonus shall be awarded for each one
15
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
16
ordinance. The common open space shall meet the standards in section
17
18.4.4.070.
18
c.. The maximum bonus for affordable housing is 35 percent.
Affordable Housing
Developments shall receive a density bonus of two units for each affordable
19
housing unit provided. Affordable housing bonus shall be for residential units
20
that are guaranteed affordable in accordwith the standards of section
18.2.5.050.
21
22
SECTION11.
Section18.2.5.090\[StandardsforSingle-FamilyDwellings–Standardsfor
23
ResidentialZones\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadas
24
follows:
25
18.2.5.090StandardsforSingle-FamilyDwellingsandDuplexes
26
A.The following standards apply to new single-family dwellingsand duplexes
27
constructed in the R-1, R-1-3.5, R-2, and R-3 zones; the standards do not apply to
28
dwellings in the WR or RR zones.
29
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:
30
1.Dormers
2.Gables
3091
ORDINANCE NO. # Page of
3.Recessed entries
1
4.Covered porch entries
2
5.Cupolas
3
6.Pillars or posts
4
7.Bay window (min. 12" projection)
5
8.Eaves (min. 6" projection)
6
9.Off-sets in building face or roof (min. 16")
7
8
SECTION12.
Section18.3.4.040\[UseRegulations–NormalNeighborhoodDistrict\]of
9
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
10
18.3.4.040 Use Regulations
11
A.Plan Overlay Zones. There are four Land Use Designation Overlays zones within the
12
Normal Neighborhood Plan are intended to accommodate a variety of housing
opportunities, preserve natural areas and provide open space.
13
1.Plan NN-1-5 zone.The use regulations and development standards are intended
14
to create, maintain and promote single dwelling asingle-family dwelling
15
neighborhood character. A variety of housing types are allowed, in addition to the
detached single dwelling.Development standards that are largely the same as
16
those for single dwellings ensure that the overall image and character of the single
17
dwellingsingle-family dwellingneighborhood is maintained.
18
2.Plan NN-1-3.5 zone. The use regulations and development standards are
intended to create, maintain and promote single dwellingsingle-family dwelling
19
neighborhood character. A variety of housing types are allowed including multiple
20
compact attached and/or detached dwellings. Dwellings may be grouped around
common open space promoting a scale and character compatible with single-
21
family homes. Development standards that are largely the same as those for
22
single dwellingssingle-family dwellingsensure that the overall image and
character of the single dwellingsingle-family dwellingneighborhood is
23
maintained.
24
3. Plan NN-1-3.5-C zone.The use regulations and development standards are
25
intended to provide housing opportunities for individual households through
development of multiple compact attached and/or detached dwellings with the
26
added allowance for neighborhood-serving commercial mixed-uses so that many
27
of the activities of daily living can occur within the Normal Neighborhood. The
public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient
28
on-street parking to accommodate ground floor neighborhood business uses.
29
4. Plan NN-2 zone. The use regulations and development standards are intended to
30
create and maintain a range of housing choices, including multi-familymultifamily
housing within the context of the residential character of the NormalNeighborhood
Plan.
3191
ORDINANCE NO. # Page of
B.Normal Neighborhood Plan Residential Building Types.The development
1
standards for the Normal Neighborhood Plan will preserve neighborhood
2
character by incorporating four distinct land use overlay areas with different
concentrations of varying housing types.
3
1.Single DwellingResidential Unit.A Single Dwelling Residential Unit is a
4
detached residential building that contains a single dwelling with self-
5
contained living facilities on one lot. It is separated from adjacent dwellings
by private open space in the form of side yards and backyards, and set back
6
from the public street or common green by a front yard. Auto parking is
7
generally on the same lot in a garage, carport, or uncovered area. The garage
may be detached or attached to the dwelling structure.
8
2.Accessory Residential Unit.An Accessory Residential Unit is a secondary
9
dwelling unit on a lot, either attached to the single-family dwelling or in a
10
detached building located on the same lot with a single-family dwelling, and
having an independent means of entry.
11
32.Double Dwelling Residential Unit(Duplex).A Double Dwelling Residential
12
Unitisa residential building that contains two dwellings located on a single
13
lot, each with self-contained living facilities. Double Dwelling Residential
UnitsDuplexesmust share a common wall or a common floor/ ceiling and are
14
similar to a Single Dwelling Unit in appearance, height, massing,and lot
15
placement.
16
4.Attached Residential Unit (Townhome, Row house).An Attached Residential
Unit is single dwelling located on an individual lot which is attached along
17
one or both sidewalls to an adjacent dwelling unit. The dwelling unit may be
18
set back from the public street or common green by a front yard.
19
5.Clustered Residential Units -Pedestrian-Oriented.Pedestrian-Oriented
Clustered Residential Units are multiple dwellings grouped around common
20
open space that promote a scale and character compatible with single-family
21
homes. Units are typically arranged around a central common green under
communal ownership. Auto parking is generally grouped in a shared surface
22
area or areas.
23
6.Multiple Dwelling Residential Unit.Multiple Dwelling Residential Units are
24
multiple dwellings that occupy a single building or multiple buildings on a
single lot. Dwellings may take the form of condominiums or apartments.
25
Auto parking is generally provided in a shared parking area or structured
26
parking facility.
27
7.Cottage Housing.Cottage Housing Units are small dwellings in
developments approved in accordance with the standards in 18.2.3.090.
28
CB.Allowed Uses.
29
1.Uses Allowed in Normal Neighborhood District.Allowed uses include those that are
30
permitted, permitted subject to special use standards, and allowed subject to a
conditional use permit. Where Table 18.3.4.040 does not list a specific use and
3291
ORDINANCE NO. # Page of
1 18.6
part 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
2
18.1.5.040
section Similar Uses. All uses are subject to the development
3
standards of zone in which they are located, any applicable overlay zone(s), and
18.518.5.1.020
the review procedures of part . See section Determination of
4
Review Procedure.
5
a.. Uses listed as “Permitted (P)” are allowed.
Permitted Uses
6
b..Useslistedas“PermittedSubject
PermittedSubjecttoSpecialUseStandards
7
toSpecialUseStandards(S)”areallowed,providedtheyconformtochapter
18.2.3SpecialUseStandards.
8
c.. Uses listed as “Conditional Use Permit Required (C)” are
Conditional Uses
9
18.5.4
allowed subject to the requirements of chapter Conditional Use Permits.
10
d.. Uses not listed in Table 18.3.4.040, and not found to be
Prohibited Uses
11
18.1.5.040
similar to an allowed use following the procedures of section
Similar Uses, are prohibited.
12
2.Uses Regulated by Overlay Zones.Notwithstanding the provisions of chapter
13
18.2.2
Base Zones, additional land use standards or use restrictions apply within
14
overlay zones. An overlay zone may also provide for exceptions to some standards
of the underlying zone.
15
3.Mixed-Use.Uses allowed in a zone individually are also allowed in combination
16
with one another, in the same structure or on the same site, provided all applicable
17
development standards and building code requirements are met.
18
Table 18.3.4.040 Normal Neighborhood District Normal Neighborhood District Zones 11
10
Uses Allowed by Zone
19
20
21
NN-1-5NN-1-3.5NN-1-3.5-CNN-2
A. Residential Uses
22
Single Dwelling Residential Unit
(Single-Family Dwelling)Single-family PPNN
23
Dwelling
24
Accessory Residential Unit, see Sec. 18.2.3.040P or SP or SP or SN
Double Dwelling Residential Unit
25
NPPPP
(Duplex Dwelling)Duplex
26
Cottage HousingPNNN
Clustered Residential Units NPPP
27
Attached Residential UnitNPPP
28
Multiple Dwelling Residential Unit
NPPP
(Multi family Dwelling)Multifamily Dwelling
29
Manufactured Home on Individual LotPPPP
30
Manufactured Housing DevelopmentNPPP
B. Neighborhood Business and Service Uses
Home OccupationPPPP
3391
ORDINANCE NO. # Page of
1 Table 18.3.4.040 Normal Neighborhood District Normal Neighborhood District Zones 11
10
Uses Allowed by Zone
2
3
4
Retail Sales and Services, with each building
NNPN
limited to 3,500 square feet of gross floor area
5
6
Professional and Medical Offices, with each
building limited to 3,500 square feet of gross floor NNPN
7
area
8
Light manufacturing or assembly of items
9
occupying six hundred (600) square feet or less, NNPN
and contiguous to the permitted retail use.
10
RestaurantsNNPN
11
Day Care CenterNNPN
12
Assisted Living FacilitiesNCCC
13
C. Residential Uses
Religious Institutionsand Houses of
14
CCCC
Worship
15
Public BuildingsPPPP
Community GardensPPPP
16
Open space and Recreational FacilitiesPPPP
17
P = Permitted Use; S = Permitted with Special Use Standards; C = Conditional Use
Permit Required; N = Not Allowed.
18
19
SECTION13.
Section18.3.4.050\[DimensionalRegulations–NormalNeighborhood
20
District\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
21
18.3.4.050 Dimensional Regulations
22
A.The lot and building dimensions shall conform to the standards in Table
23
18.3.4.050 below.
24
Table 18.3.4.050 Dimensional StandardsNN-1-5NN-1-3.5NN-2
25
NN-1-3.5C
26
Base density, dwelling units per acre4.57.213.5
1
Minimum Lot Area, square feet
27
5,00035003000
(applies to lots created by partitions only)
28
1
Minimum Lot Depth, feet
808080
29
(applies to lots created by partitions only)
1
Minimum Lot Width, feet
30
503525
(applies to lots created by partitions only)
Setbacks and yards (feet)
3491
ORDINANCE NO. # Page of
1 Table 18.3.4.050 Dimensional StandardsNN-1-5NN-1-3.5NN-2
NN-1-3.5C
2
Minimum Front Yard abutting a street151515
3
Minimum Front Yard to a garage facing a
202020
4
public street, feet
Minimum Front Yard to unenclosed front
5
222
888
porch, feet
6
666
Minimum Side Yard
7 33
00
8
Minimum Side Yard abutting a public street101010
9
Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story
10
Setback and yard requirements shall
11
Solar Accessconform to the Solar Access standards of
chapter 18.4.8
12
Maximum Building Height, feet / stories35 / 2.535 / 2.535 / 2.5
13
Maximum Lot Coverage, percentage of lot50%55%65%
14
Minimum Required Landscaping, percentage of
15
50%45%35%
lot
16
See section 18.4.3.080 Vehicle Area
Parking
Design Requirements
17
Minimum Outdoor Recreation Space,
nana8%
18
f l
1
Minimum Lot Area, Depth, and Width requirements do not apply in performance standards
subdivisions.
19
2
Minimum Front Yard to an unenclosed front porch (Feet), or the width of any existing public utility
20
easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet
in width, see section 18.6.1.030 for definition of porch.
21
3
Minimum Side Yard for Attached Residential Units (Feet)
22
B.DensityStandards.DevelopmentdensityintheNormalNeighborhoodshallnot
23
exceedthedensitiesestablishedbyTable18.3.4.050,exceptwheregrantedadensity
bonusunderchapter18.3.9.PerformanceStandardsOptionsandconsistentwiththe
24
followingrequirements.:
25
1.GeneralDensityProvisions.
26
a.ThedensityinNN-1-5,NN-1-3.5,NN-1-3.5-C,andNN-2zonesistobe
computedbydividingthetotalnumberofdwellingunitsbytheacreageofthe
27
project,includinglanddedicatedtothepublic.
28
b.ConservationAreasincludingwetlands,floodplaincorridorlands,andwater
29
resourceprotectionzonesmaybeexcludedfromtheacreageoftheprojectfor
thepurposesofcalculatingminimumdensityforresidentialannexationsas
30
describedinsection18.5.8.050.F.
c.Unitslessthan500squarefeetofgrosshabitableareashallcountas0.75
3591
ORDINANCE NO. # Page of
unitsforthepurposesofdensitycalculations.
1
d.Accessoryresidentialunitsconsistentwithstandardsdescribedin
2
section18.2.3.040arenotrequiredtomeetdensityorminimumlotarea
3
requirements.
4
e.Accessoryresidentialunitsshallbeincludedforthepurposesofmeeting
minimumdensitycalculationrequirementsforresidentialannexationsas
5
describedin18.5.8.050.F.
6
2.ResidentialDensityBonuses.
7
a.Themaximumresidentialdensitybonusespermittedshallbeasdescribedin
8
section18.2.5.080.F.
9
b.CottageHousing.
\[Reserved\]
10
SECTION14.
Section18.3.5.050\[UsesAllowedinNorthMountainNeighborhoodZones
11
–NorthMountainNeighborhood\]oftheAshlandLandUseOrdinanceisherebyamended
12
toreadasfollows:
13
18.3.5.050AllowedUses
14
A.Uses Allowed in North Mountain Neighborhood Zones.Allowed uses include those
15
that are permitted, permitted subject to special use standards, and allowed subject to a
conditional use permit. Where Table 18.3.5.050 does not list a specific use and part
16
18.6does not define the use or include it as an example of an allowed use, the City
17
may find that use is allowed, or is not allowed, following the procedures of section
18.1.5.040 Similar Uses. All uses are subject to the development standards of zone in
18
which they are located, any applicable overlay zone(s), and the review procedures of
19
part 18.5. See section 18.5.1.020 Determination of Review Procedure.
20 1.Permitted Uses.Uses listed as “Permitted (P)” are allowed.
2.Permitted Subject to Special Use Standards.Uses listed as “Permitted Subject to
21
Special Use Standards (S)” are allowed,provided they conform to subsection
22
18.3.5.050.D and chapter 18.2.3 Special Use Standards.
23
3.Conditional Uses.Uses listed as “Conditional Use Permit Required (C)” are
allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits.
24
4.Prohibited Uses.Uses not listed in Table 18.3.5.050, and not found to be similar to
25
an allowed use following the procedures of section 18.1.5.040 Similar Uses, are
26
prohibited.
27
B.Uses Regulated by Overlay Zones.Notwithstanding the provisions of chapter 18.2.2
Base Zones, additional land use standards or use restrictions apply within overlay
28
zones. An overlay zone may also provide for exceptions to some standards of the
29
underlying zone.
30
C.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 standards and building code requirements are met.
3691
ORDINANCE NO. # Page of
1
2
3
Table 18.3.5.050 –North Mountain Neighborhood Uses Allowed by
4
2
Zone
5
North Mountain Neighborhood Zones 3
NM-R-NM-R-NM-NM-
6
NM-C
1-7.51-5MFCivic
7
A. Residential
Residential Uses, subject
8
to density requirements in PPPPN
Table 18.3.5.060
9
Accessory Residential
P or
Units, see Sec. P or SP orSPSN
10
S
18.2.3.040
11
Cottage HousingSSNNN
Duplexessee Sec,
SSSSN
12
18.2.3.110
Home OccupationsPPPPN
13
Agricultural Uses, except
PPPPS
14
Keeping of Livestock
Keeping of Micro-
SSSNS
15
Livestock and Bees
Keeping of LivestockNNNNN
16
Marijuana Cultivation,
SSSSN
17
Homegrown
B. Public and Institutional Uses
18
Community ServicesNSNSP
19
Parks and Open SpacesPPPPP
Public Parking LotsNNNCUN
20
Religious Institution,
NNNSN
Houses of Worship
21
Utility and Service
22
Building, Public and
Quasi-Public, excluding NNNSN
23
outdoor storage and
electrical substations
24
C. Commercial
Neighborhood ClinicsNNNSN
25
Neighborhood Oriented
26
Retail Sales,Services, NNNSN
and Restaurants
27
Offices, ProfessionalNNNSN
Temporary usesNNNCUN
28
D. Industrial
29
Manufacturing, LightNNNSN
30
2
Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not
Allowed.
3
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS =
Open Space.
3791
ORDINANCE NO. # Page of
D.Special Use Standards.The uses listed as “Permitted with Special Use Standards
1
(S)” in Table 18.3.5.050, above, are allowed provided they conform to the
2
requirements of this section and the requirements of chapter 18.5.2 Site Design
3 Review.
1.Accessory Residential Units.Subject to the standards in section 18.2.3.040.
4
2.Agricultural Uses.In the NM-Civic zone, agriculture may include community garden
5
space.
6
3.Keeping of Micro-Livestock and Bees.Subject to the standards in section
7
18.2.3.160.
8
4.Marijuana Cultivation, Homegrown.Subject to the standards in subsection
18.2.3.190.A.
9
5.Community Services.
10
a.In the NM-R-1-5 zone, each building may be up to a maximum of 2,500 square
11
feet of gross floor area.
12
b.Inthe NM-C zone, each building may be up to a maximum of 3,500 square feet
13
of gross floor area.
14
6.Manufacturing, Light.
15 a.The light manufacturing use shall occupy 600 square feet or less.
b. The light manufacturing use shall be contiguous to the permitted retail outlet
16
that operates in conjunction with and sells the manufactured items produced by
17
the light manufacturing use.
18
7.Neighborhood Clinics.Each building may be up to a maximum of 3,500 square feet
of gross floor area.
19
8.Neighborhood Oriented Retail Sales, Services, and Restaurants.Each building
20
may be up to a maximum of 3,500 square feet of gross floor area.
21
9.Offices, Professional.Each building may be up to a maximum of 3,500 square feet
22
of gross floor area.
23
10.Religious Institution, Houses of Worship.The same use cannot be located on a
contiguous property, and there must be no more than two such uses in a given
24
zone.
25
11.Utility and Service Building, Public and Quasi-Public.Each building may be up to a
26
maximum of 3,500 square feet of grossfloor area.
27
12.CottageHousing.Subjecttothestandardsinsection18.2.3.090.
28
13.Duplexes. Subject to the standards in section 18.2.3.110.
29
30
3891
ORDINANCE NO. # Page of
SECTION15.
1Section18.3.5.060\[DimensionalStandards–NorthMountain
Neighborhood\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
2
3
18.3.5.060DimensionalStandards
Table 18.3.5.060 contains lot and development standards, including density, minimum
4
dimensions, area, coverage, structure height and other provisions that control the
5
intensity, scale, and location of development for the NM-R-1-7.5, NM-R-1-5, NM-MF, and
NM-C.
6
Table 18.3.5.060 North Mountain Neighborhood Dimensional Standards
7
North Mountain Neighborhood Zones 1
8
NM-R-1-7.5NM-R-1-5NM-MFNM-C
9
Residential Density (dwelling units/acre)1 3.6 du/ac5 du/ac12 du/ac20 du/ac
1 Density is computed by dividing the total number of dwelling units by the acreage of the project,
10
including land dedicated to the public. Fractional portions of the answer shall not apply towards the total
density, except that units less than 500 square feet gross habitable floor area shall count as .75 units in
11
the NM-MF and NM-C zones. Accessory residential unitsand duplexesare not subject to the density
requirements of the zone in the NM-R-1-7.5 and NM-R-1-5 zones, see sections18.2.3.040 and
12
18.2.3.110.
Standard Yards –Minimum (feet)
13
Front –Standard10 ft 10 ft No
10 ft
14
minimum/ minimum/ minimum
minimum/ 25
25 ft 25 ft yard
ft maximum
15
maximummaximumrequire-
ments,
Front –Unenclosed Porch5 ft5 ft5 ft
16
except as
Front –-Garage 2 15 ft from 15 ft from
required
15 ft from
building building
17
for
building face
face / 20 ft face / 20 ft
parking,
/ 20 ft from
from from
18
landscapin
sidewalk
sidewalksidewalk
g and
19
Side –Standard 3 5 ft per 5 ft per 5 ft per building
building building building design
20
storystorystoryrequireme
nt in
Side –Adjacent to Street10 ft10 ft10 ft
21 chapters
Side –Single-Story, Detached Garage and
18.4.2,
3 ft3 ft3 ft
4
Accessory Buildings
22
18.4.3,
and
Rear –Standard10 ft per 10 ft per 10 ft per
23 18.4.4.
building building building
storystorystory
24
Rear –Upper Floor Dormer Space15 ft15 ft15 ft
Rear -Single-Story, Detached Garage and
25
4 ft4 ft4 ft
Accessory Buildings Adjacent to Alley
26
Rear –Two-Story AccessoryBuildings
4 ft4 ft4 ft
Adjacent to Alley
27
2 No greater than 50 percent of the total lineal building façade facing the street canconsist ofgarage,
carport, or other covered parking space.
28
3
No additional side yard is required for half-stories and upper floor dormer space.
4
29 No side yard is required for accessory buildings sharing a common wall.
Solar AccessSolar access setback required pursuant No solar
30
to chapter 18.4.8 Solar Access.access
1
Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS
= Open Space.
3991
ORDINANCE NO. # Page of
1 Table 18.3.5.060 North Mountain Neighborhood Dimensional Standards
North Mountain Neighborhood Zones 1
2
NM-R-1-7.5NM-R-1-5NM-MFNM-C
3
setback
required.
4
Lot Coverage –Maximum (% of lot area)45%50%75%80%
1
Zones:NC=NeighborhoodCommercial;MU=MixedUse;OE=OfficeEmployment;CI=CompatibleIndustrial;OS
5
=OpenSpace.
6
7
SECTION16.
Section18.3.5.100\[SiteDevelopmentandDesignStandards–North
8
MountainNeighborhood\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadas
9
follows:
10
18.3.5.100SiteDevelopmentandDesignStandards
11
A.Housing.The following design standards apply to residential developments. While the
12
standards are specific, the intent is not to limit innovative design, but rather provide a
framework for clear direction and minimum standards.
13
1.Architectural Design.The street-facing elevations of residential buildings shall be
14
broken with reveals, recesses, trim elements, and other architectural features to
15
avoid the appearance of a blank wall as illustrated in Figure 18.3.5.100.A.1. In
addition, at least two of the following design features must beprovided along the
16
front of each residence.
17
a.Dormers
18
b.Gables
19
c.Recessed entries
20
d.Covered porch entries
21
e.Cupolas
22
f.Pillars or Posts
23
g.Bay window (min. 12-inch projection)
24
h.Eaves (min. six-inch projection)
25
i.Off-sets in building face or roof (min. 16 inches)
26
27
28
29
30
4091
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
Figure 18.3.5.100.A.1
Architectural Design
9
10
2.Orientation.Dwellings shall be designed with a primary elevation oriented towards
11
a street. Such elevation shall have a front door, framed by a simple porch or
portico, porch, or other design feature clearly visible from the street to promote
12
natural surveillance of the street as illustrated in Figure 18.3.5.100.A.2.
13
14
15
16
17
18
19
Figure 18.3.5.100.A.2
20
Orientation
21
3.Repetitive Elevations.Excessive repetition of identical floor plans and elevations
shall be discouraged. See Figure 18.3.5.100.A.3.a and Figure 18.3.5.100.A.3.b.
22
23
24
25
26
27
28
29
30
Figure 18.3.5.100.A.3.a
Varied Floor Plans
4191
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
Figure 18.3.5.100.A.3.b
Varied Elevations
12
4.Supplemental Setback Requirements for Garages and Accessory Structures.In
13
addition to the setback requirements of sections18.3.5.060, the following garage
14
and accessory structure setbacks are required, in order to promote an attractive
streetscape where garages and accessory structures are visually subordinate to
15
primary dwellingssingle-family dwellings or primary structures.
16
a.Where no alleys are present, garages shall be located a minimum of 15 feet
behind the primary façade and a minimum of 20 feet from the sidewalk. See
17
Figure 18.3.5.100.A.4.a.
18
19
20
21
22
23
24
Figure 18.3.5.100.A.4.a
Garage Setbacks/No Alley
25
b.Garages and accessory structures adjacent to an internal property line (i.e.,
26
neighbor’s residence) shall maintain a minimum first floor side yard setback of
four feet and a second floor setback of six feet, excluding dormers. SeeFigure
27
18.3.5.100.A.4.b.
28
29
30
4291
ORDINANCE NO. # Page of
1
2
3
4
5
6
Figure 18.3.5.100.A.4.b
Garage Setbacks/No Alley
7
c.No side yard setback is required where garages adjoin along a common
8
property line.
9
d.Garage or accessory structures, including accessory residential units, fronting
and or accessed from the alley shall have a minimum rear yard setback of four
10
feet. See Figure 18.3.5.100.A.4.d.
11
12
13
14
15
16
17
Figure 18.3.5.100.A.4.d
Garage Setbacks/Alley
18
e.The maximum allowed width of a garage opening is 22 feet. Expansion of the
19
garage’s depth is allowed should be considered for additional storage needs.
20
f.Common wall garages (i.e., adjacent garage openings), and dwellings with
more than one garage openings, where the total width of adjacent garage
21
openings exceeds 22 feet, shall have at least one garage opening recessed
22
behind the other(s) by not less than three feet.
23
5.Terracing.Grading for new homes and accessory structures shall be minimized
and building designs shall respond to the natural grade, to the extent practicable,
24
pursuant to the following standards.
25
a.Terracing should be incorporated into the design of each lot’s development, as
26
illustrated in Figure 18.3.5.100.A.5.a. Terraces help ease transition between
the public and private space.
27
28
29
30
4391
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
Figure 18.3.5.100.A.5.a
Terraces
10
b.In determining whether grading is minimized and building designs are
11
practicable, this standard shall not be interpreted so as to preclude permitted
12
housing at planned densities.
6.Porches.Where practicable, porches shall be incorporated into building designs
13
within the North Mountain Neighborhood, in order to promote a sense of place,
14
socialization, and natural surveillance of the street, as illustrated in Figure
18.3.5.100.A.6.a. Porches shall be a minimum of six feet in depth and eight feet in
15
width, as illustrated in Figure 18.3.5.100.A.6.b -deep enough to allow a person to
16
stand while the door is opening and large enough to allow at least one person to sit
facing the street. Porches with dimensions less than six feet in depth and eight feet
17
in width are oftenused as storage areas for bike, barbecues, etc., and do not
18
realistically function as outdoor rooms.
19
20
21
22
23
24
25
26
27
Figure 18.3.5.100.A.6.a
Street with Front Porches
28
29
30
4491
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
Figure 18.3.5.100.A.6.b
10 Porch Dimensions
11
7.Driveways.In order to minimize impervious surfaces, increase opportunities for on-
12
street parking and street trees, and provide a visually attractive streetscape that
comfortably accommodates pedestrians, driveways for single dwellingsone
13
dwellingand duplexesshall be no greater than nine feet wide, measured at the
14
sidewalk. Where no alley is present and garages for multiple dwellings share a
common wall (e.g., townhomes), a common driveway 12 feet in width may be used
15
butshall serve as a shared drive for paired garages.See Figure 18.3.5.100.A.7.
16
17
18
19
20
21
22
23
24
Figure18.3.5.100.A.7
Benefits of Narrow Driveways on Streetscape
25
8.Accessory Residential Units.When a detached accessory dwelling unit is
26
adjacent to a residential property, the unit shall meet the following
standards. See Figure 18.3.5.100.A.8.
27
a.Incorporate considerate design and placement into the development of
28
accessory residential units.
29
b.A visual buffer shall be provided using window placement, a sight
30
obscuring fence and/or vegetation.
c.Within five feet of a side property line, the second floor area of the unit
4591
ORDINANCE NO. # Page of
shall be staggered and step-back an additional five feet or contain other
1
detailing, in order to break up the mass of the building. With the addition
2
of a dormer, this standard can be met without the step-back or reduced
floor area.
3
4
5
6
7
8
9
10
11
12
Figure 18.3.5.100.A.8
Accessory Residential Units Along Alley
13
(delete graphic above)
14
15
SECTION17.
Section18.3.9.050\[PerformanceStandardsforResidentialDevelopments–
16
PerformanceStandardsOptionandPSOOverlay\]oftheAshlandLandUseOrdinanceis
herebyamendedtoreadasfollows:
17
18
18.3.9.050PerformanceStandardsforResidentialDevelopments
19
A.Base Densities.The density of the development shall not exceed the density
established by this section. The density shall be computed by dividing the total number
20
of dwelling units by the acreage of the project, including land dedicated to the public.
21
Fractional portions of the final answer, after bonus point calculations, shall not apply
towards the total density. Accessory residential unitsand duplexesare not required
22
to meet the density requirements of this chapter in accordance with sections
23
18.2.3.040and 18.2.3.110.
24
1.The base density, for purposes of determining density bonuses allowed under this
section, for developments other than cottage housing, isas provided in Table
25
18.3.9.050.
26
Table 18.3.9.050.A.1 Base Densities for Determining Allowable
27
Density Bonus with Performance Standards Option
ZoneAllowable Density
28
(dwelling units per acre)
WR-20.30 du/acre
29
WR-2.50.24 du/acre
WR-50.12 du/acre
30
WR-100.06 du/acre
WR-200.03 du/acre
RR-10.60 du/acre
4691
ORDINANCE NO. # Page of
1 Table 18.3.9.050.A.1 Base Densities for Determining Allowable
Density Bonus with Performance Standards Option
2
RR-.51.2 du/acre
R-1-102.40 du/acre
3
R-1-7.53.60 du/acre
R-1-54.50 du/acre
4
R-1-3.57.2 du/acre
5 R-213.5 du/acre
R-320 du/acre
6
7
2.CottageHousingDevelopmentDensity.Thebasedensityforcottagehousing
developments,forpurposesofdeterminingdensitybonuses,allowedunder
8
thissectionisasprovidedinTable18.3.9.050.A.2.Cottagehousing
9
developmentsarenoteligiblefordensitybonusespursuanttosubsection
18.3.9.050.B.
10
a.Themaximumpermittednumberofdwellingsand
DensityCalculation.
11
minimumlotareasforcottagehousingdevelopmentsallowedunderthis
12
sectionisprovidedinTable18.3.9.050.A.2.a.Cottagehousing
developmentsarenoteligiblefordensitybonusespursuanttosubsection
13
18.3.9.050.B.
14
15
Table 18.3.9.050.A.2.aBase Densities for Determining Allowable Density Bonus with Performance
Standards Option
16
Minimum
Maximum
number of Minimum lot size
17
Maximum number of Maximum
cottages per (accommodates
ZonesCottage cottages per
Floor Area
cottage minimum number
18
Densitycottage housing Ratio (FAR)
housing of cottages)
development
development
19
1 cottage
R-1-5,
20 dwelling unit per
NN-1-53127,500 sq.ft.0.35
2,500 square
NM-R-5
21 feet of lot area
1 cottage
22
R-1-7.5dwelling unit per
31211,250 sq.ft.0.35
NM-R-1-7.53,750 square
23
feet of lot area
24
b.Duplexesarepermittedinacottagehousingdevelopmentifthe
Duplexes.
25
totalnumberofdwellingsinthedevelopmentisatorbelowthemaximum
cottagehousingdevelopmentdensityinsubsection18.3.9.050.A.2.a,
26
above.
27
3.Common Open Space Required.All developments subject to this section with a
28
base density of ten units or greater shall be required to provide common open
space pursuant to section 18.4.4.070.
29
B.Density Bonus Point Calculations.The permitted base density shall be increased by
30
the percentage gained through density bonus points. In no case shall the density
exceed that allowed under the Comprehensive Plan. The maximum density bonus
4791
ORDINANCE NO. # Page of
permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria.
1
1.Conservation Housing.A maximum 15 percent bonus is allowed. One-hundred
2
percent of the homes or residential units approved for development, after bonus
3
point calculations, shall meet the minimum requirements for certification as a Earth
Advantage home, as approved by the Ashland Conservation Division under the
4
City’ s Earth Advantage program as adopted by resolution 2006-06.
5
2.Common Open Space.A maximum ten percent bonus is allowed, pursuant to the
6
following.
7
a.Common open spaces may be provided in the form of natural areas,
Purpose.
wetlands, playgrounds, active or passive recreational areas, and similar areas
8
in common ownership. However, for the purposes of awardingdensity bonus
9
points, the Planning Commission shall consider whether or not the common
open space is a significant amenity to project residents, and whether project
10
residents will use or enjoy the common open space on a day-to-day basis.
11
b.Developments with fewer than ten units that provide more than two
Standard.
12
percent of the project area for common open space, or for developments of ten
units or greater that provide more than five percent common open space, a one
13
percent bonus shall be awarded for each one percent of the total project area
14
in common open space in excess of any common open space required by
section 18.4.4.070 and this ordinance. The common open space shall meet
15
the standards in section 18.4.4.070.
16
3.Affordable Housing.A maximum bonus of 35 percent is allowed. Developments
17
shall receive a density bonus of two units for each affordable housing unit
provided. Affordable housing bonus shall be for residential units that are
18
guaranteed affordable in accordance with the standards of section 18.2.5.050
19
Affordable Housing Standards.
20
21
SECTION18.
Section18.3.10.090\[DevelopmentStandardsforHillsideLands–Physical
andEnvironmentalConstraintsOverlay\]oftheAshlandLandUseOrdinanceishereby
22
amendedtoreadasfollows:
23
24
18.3.10.090DevelopmentStandardsforHillsideLands
It is the purpose of the Development Standards for Hillside Lands to provide
25
supplementary development regulations to underlying zones to ensure that development
26
occurs in such a manner as to protect the natural and topographic character and identity of
these areas, environmental resources, the aesthetic qualities and restorative value of
27
lands, and the public health, safety, and general welfare by insuring that development
28
does not create soil erosion, sedimentation of lower slopes, slide damage, flooding
problems, and severe cutting or scarring. It is the intent of these development standards
29
to encourage a sensitive form of development and to allow for a reasonable use that
30
complements the natural and visual character of the City.
A.General Requirements.The following general requirements shall apply in Hillside
4891
ORDINANCE NO. # Page of
Lands.
1
1.Buildable Area.All development shall occur on lands defined as having buildable
2
area. Slopes greater than 35percentshall be considered unbuildable except as
3
allowed below. Exceptionsmay be granted to this requirement only as provided in
subsection 18.3.10.090.H.
4
a.Existing parcels without adequate buildable area less than or equal to 35
5
percentshall be considered buildable for one unitsingle-family dwelling and
6
an accessory residentialunit or a duplex in accordancewith the
standards in sections 18.2.3.040 and 18.2.3.110.
7
Commented \[mh7\]:
While one section of the new state
rules(OAR660-046-010)allow cities to limit duplex
b.Existing parcels without adequate buildable area less thanor equal to 35
8
developmentin documented natural hazard areas such as
percentcannot be subdivided or partitioned.
floodpains and hillsides, another section requires that cities
9
allow conversions of existing detached single-family to
2.Building Envelope.All newly created lots either by subdivision or partition shall
duplexes(OAR660-046-0105).
10
contain a building envelope with a slope of 35percentor less.
Since conversions of existing detached single-family
11
residences must be allowed under the new state rules,a
3.New Streets and Driveways.New streets, flag drives, and driveways shall be
house could be built and then later could be convertedto a
constructed on lands of less than or equal to 35percentslope with the following
12
duplex. As a result,staff recommends allowing the
exceptions.
developmentof an ARUor duplex on existing parcels with
13
slopes over 35%.
a.The street is indicated on the Street Dedication map.
14
b.The portion of the street, flag drive, or driveway on land greater than 35percent
15
slope does not exceed a length of 100 feet.
16
4.Geotechnical Studies.For all applications on Hillside Lands involving subdivisions
or partitions, the following additional information is required: A geotechnical study
17
prepared by a geotechnical expert indicating that the site is stable for the proposed
18
use and development. The study shall include the following information.
19
a.Index map.
20 b.Project description to include location, topography, drainage, vegetation,
discussion of previous work and discussion of field exploration methods.
21
c.Site geology, based on a surficial survey, to include site geologic maps,
22
description of bedrock and surficial materials, including artificial fill, locations of
any faults, folds, etc., and structural data including bedding, jointing and shear
23
zones, soil depth,and soil structure.
24
d.Discussion of any off-site geologic conditions that may pose a potential hazard
25
to the site, or that may be affected by on-site development.
26
e.Suitability of site for proposed development from a geologic standpoint.
27
f.Specific recommendations for cut and fill slope stability, seepage and drainage
control,or other design criteria to mitigate geologic hazards.
28
g.If deemed necessary by the engineer or geologist to establish whether an area
29
to be affected by the proposeddevelopment is stable, additional studies and
30
supportive data shall include cross-sections showing subsurface structure,
graphic logs with subsurface exploration, results of laboratory test and
references.
4991
ORDINANCE NO. # Page of
h.Signature and registration number of the engineer and/or geologist.
1
i.Additional information or analyses as necessary to evaluate the site.
2
j.Inspection schedule for the project as required in 18.3.10.090.B.9.
3
k.Location of all irrigation canals and major irrigation pipelines.
4
B.Hillside Grading and Erosion Control.All development on lands classified as
5
Hillside shall provide plans conforming to the following items.
6
1.All grading, retaining wall design, drainage, and erosion control plans for
7
development on Hillside Lands shall be designed by a geotechnical expert. All
cuts, grading or fills shall conform to the International Building Code and be
8
consistent with the provisions of this ordinance. Erosion control measures on the
9
development site shall be required to minimize the solids in runoff from disturbed
areas.
10
2.Timing of Improvements.For development other than single family homes on
11
individual lots, all grading, drainage improvements, or other land disturbances shall
12
only occur from May 1 to October 31. Excavation shall not occur during the
remaining wet months of the year. Erosion control measures shall be installed and
13
functional by October 31. Up to 30 day modifications to the October 31 date, and
14
45 day modification to the May 1 date may be made by the Planning Director,
based upon weather conditions and in consultation with the project geotechnical
15
expert. The modification of dates shall be the minimum necessary, based upon
16
evidence provided by the applicant, to accomplish the necessary project goals.
17
3.Retention in natural state.On all projects on Hillside Lands involving partitions and
subdivisions, and existing lots with an area greater than one-half acre, an area
18
equal to 25percentof the total project area, plus the percentage figure of the
19
average slope of the total project area, shall be retained in a natural state. Lands to
be retained in a natural state shall be protected from damage through the use of
20
temporary construction fencing or the functional equivalent. For example, on a
21
25,000 square feetlot with an average slope of 29percent, 25%+29%=54% of the
total lot area shall be retained in a natural state. The retention in a natural state of
22
areas greater than the minimum percentage required here is encouraged.
23
4.Grading -Cuts.On all cut slopes on areas classified as Hillside Lands, the
24
following standards shall apply.
25
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
26
to precipitation and erosion. Steep cut slopes shall be retained with stacked
27
rock, retaining walls, or functional equivalent to control erosion and provide
slope stability when necessary. Where cut slopes are required to be laid back
28
(1:1 or less steep), the slope shall be protected with erosion control getting or
29
structural equivalent installed per manufacturers specifications, and
revegetated.
30
b.Exposed cut slopes, such as those for streets, driveway accesses, or yard
areas, greater than seven feet in height shall be terraced. Cut faces on a
5091
ORDINANCE NO. # Page of
terraced section shall not exceed a maximum height of five feet. Terrace widths
1
shall be a minimum of three feet to allow for the introduction of vegetation for
2
erosion control. Total cut slopes shall not exceed a maximum vertical height of
3 15 feet. The top of cut slopes not utilizing structural retaining walls shall be
located a minimum setback of one-half the height of the cut slope from the
4
nearest property line. See Figure 18.3.10.090.B.4.b.
5
6
7
8
9
10
11
12
13
Figure 18.3.10.090.B.4.b
14
Cut and Fill Slopes
15
c.Cut slopesfor structure foundations which reduce theeffective visual bulk,
such as split pad or stepped footings,shall be exempted from the height
16
limitations of this section.See Figure 18.3.10.090.B.c.
17
18
19
20
21
22
23
24
25
26
27
Figure 18.3.10.090.B.4.c
Stepped Foundations
28
d.Revegetation of cut slope terraces shall include the provision of a planting plan,
29
introduction of top soil where necessary, and the use of irrigation if necessary.
30
The vegetation used for these areas shall be native, or species similar in
resource value to native plants, which will survive, help reduce the visual
impact of the cut slope, and assist in providing long term slope stabilization.
5191
ORDINANCE NO. # Page of
Trees, bush-type plantings,and cascading vine-type plantings may be
1
appropriate.
2
5.Grading -Fill.On all fill slopes on lands classified as Hillside Lands, the following
3
standards shall apply.
4
a.Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill
slope area not utilizing structural retaining shall be a minimum of sixfeet from
5
the nearest property line.
6
b.Fill slopes shall be protected with an erosion control netting, blanket or
7
functional equivalent. Netting or blankets shall onlybe used in conjunction with
anorganic mulch such as straw or wood fiber. The blanket must be applied so
8
that it is in complete contact with the soil so that erosion does not occur
9
beneath it. Erosion netting or blankets shall be securely anchored to the slope
in accordance with manufacturer's recommendations.
10
c.Whenever possible, utilities shall not be located or installed on or in fill slopes.
11
When determined that it necessary to install utilities on fill slopes, all plans shall
12
be designed by a geotechnical expert.
13
d.Revegetation of fill slopes shall utilize native vegetation or vegetation similar in
resource value and which will survive and stabilize the surface. Irrigation may
14
be provided to ensure growth if necessary. Evidence shall be required
15
indicating long-term viability of the proposed vegetation for the purposes of
erosion control on disturbed areas.
16
6.Revegetation Requirements.Where required by this chapter, all required
17
revegetation of cut and fill slopes shall be installed prior to the issuance of a
18
certificate of occupancy, signature of a required survey plat, or other time as
determined by the hearing authority. Vegetation shall be installed in such a manner
19
as to be substantially established within one year of installation.
20
7.Maintenance, Security, and Penalties for Erosion Control Measures.
21
a.All measures installed for the purposes of long-term erosion
Maintenance.
22
control, including but not limited to vegetative cover, rock walls, and
landscaping, shall be maintained in perpetuity on all areas which have been
23
disturbed, including public rights-of-way. The applicantshall provide evidence
24
indicating the mechanisms in place to ensure maintenance of measures.
25
b.Except for individual lots existing prior to January 1, 1998, after an
Security.
Erosion Control Plan is approved by the hearing authority and prior to
26
construction, the applicant shall provide a performance bond or other financial
27
guarantees in the amount of 120percentof the value of the erosion control
measures necessary to stabilize the site. Any financial guarantee instrument
28
proposed, other than a performance bond, shall be approved by the City
29
Attorney. The financial guarantee instrument shall be in effect for a period of at
least one year, and shall be released when the Community Development
30
Director and Public Works Director determine, jointly, that thesite has been
stabilized. All or a portion of the security retained by the City may be withheld
5291
ORDINANCE NO. # Page of
for a period up to five years beyond the one year maintenance period if it has
1
been determined by the City that the site has not been sufficiently stabilized
2
against erosion.
3
8.Site Grading.The grading of a site on Hillside Lands shall be reviewed considering
the following factors.
4
a.No terracing shall be allowed except for the purposes of developing a level
5
building pad and for providing vehicular access to the pad.
6
b.Avoid hazardous or unstable portions of the site.
7
c.Avoid hazardous or unstable portions of the site.
8
d.Building pads should be of minimum size to accommodate the structure and a
9
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
10
should be kept in the natural state of the original slope.
11
9.Inspections and Final Report.Prior to the acceptance of a subdivision by the City,
12
signature of the finalsurvey plat on partitions, or issuance of a certificate of
occupancy for individual structures, the project geotechnical expert shall provide a
13
final report indicating that the approved grading, drainage, and erosion control
14
measures were installed as perthe approved plans, and that all scheduled
inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical
15
expert periodically throughout the project.
16
C.Surface and Groundwater Drainage.All development on Hillside Lands shall
17
conform tothe following standards.
18
1.All facilities for the collection of stormwater runoff shall be constructed on the site
and according to the following requirements:
19
a.Stormwater facilities shall include storm drain systems associated with street
20
construction, facilities for accommodating drainage from driveways, parking
21
areas and other impervious surfaces, and roof drainage systems.
22
b.Stormwater facilities, when part of the overall site improvements, shall be, to
the greatest extent feasible, the first improvements constructed on the
23
development site.
24
c.Stormwater facilities shall be designed to divert surface water away from cut
faces or sloping surfaces of a fill.
25
d.Existing natural drainage systems shall be utilized, as much as possible, in
26
their naturalstate, recognizing the erosion potential from increased storm
27
drainage.
28
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
29
due to development. Eachfacility shall consider the needs for an emergency
30
overflow system to safely carry any overflow water to an acceptable disposal
point.
5391
ORDINANCE NO. # Page of
f.Stormwater facilities shall be designed, constructed and maintained in a
1
manner that will avoid erosion on-site and to adjacent and downstream
2
properties.
3
g.Alternate stormwater systems, such as dry well systems, detention ponds, and
leach fields, shall be designed by a registered engineer or geotechnical expert
4
and approved by the Public Works Department or Building Official.
5
D.Tree Conservation, Protection and Removal.All development on Hillside Lands
6
shall conform to the following requirements.
7
1.Inventory of Existing Trees.A tree survey at the same scale as the project site plan
shall be prepared, which locates all trees greater than six inches diameter at breast
8
height (DBH) identified by DBH, species, approximate extent of tree canopy. In
9
addition, for areas proposed to be disturbed, existing tree base elevations shall be
provided. Dead or diseased trees shall be identified. Groups of trees in close
10
proximity (i.e.,those within five feet of each other) may be designated as a clump
11
of trees, with the predominant species, estimated number and average diameter
indicated. All tree surveys shall have an accuracy of plus or minus two feet. The
12
name, signature, and address of the site surveyor responsible for the accuracy of
13
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 included in theinventory.
14
2.Evaluation of Suitability for Conservation.All trees indicated on the inventory of
15
existing trees shall also be identified as to their suitability for conservation. When
16
required by the hearing authority, the evaluation shall be conducted by a landscape
professional. The following factors shall be included in this determination.
17
a.Healthy trees can better withstand the rigors of development than
Tree Health.
18
non-vigorous trees.
19
b.Trees with severe decay or substantial defects are more likely
Tree Structure.
20
to result in damage to people and property.
21
c.Species vary in their ability to tolerate impacts and damage to their
Species.
environment.
22
d.Potential longevity.
Longevity.
23
e.A variety of native tree species and ages.
Variety.
24
f.Large trees provide a greater protection for erosion and shade than
Size.
25
smaller trees.
26
3.Tree Conservation in Project Design.Significant conifer trees having a trunk 18
27
caliper 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
28
be protected and incorporated into the project design whenever possible.
29
a.Streets, driveways, buildings, utilities, parking areas, and other site disturbances
30 shall be located such that the maximum number of existing trees on the site are
preserved, while recognizing and following the standards for fuel reduction if the
developmentis located in Wildfire Lands. See Figure 18.3.10.090.D.3.a.
5491
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
Figure 18.3.10.090.D.3.a
8
Site Planning for Tree Preservation
9
b.Building envelopes shall belocated and sized to preserve the maximum
number of trees on site while recognizing and following the standards for fuel
10
reduction if the development is located in Wildfire Lands.
11
c.Layout of the project site utility and grading plan shall avoid disturbance of tree
12
protection areas.
13
4.Tree Protection.On all properties where trees are required to be preserved during
the course of development, the developer shall follow the following tree protection
14
standards.
15
a.All trees designated for conservation shall be clearly marked on the project site.
16
Prior to the start of any clearing, stripping, stockpiling, trenching, grading,
compaction, paving or change in ground elevation, the applicant shall install
17
tree protection fencing in accordance with 18.4.5.030.CPrior to any
18
construction activity, the shall be inspected pursuant to section 18.4.5.030.D.
19
b.Construction site activities, including but not limited to parking, material
storage, soil compaction,and concrete washout, shall be arranged so as to
20
prevent disturbances within tree protection areas.
21
c.No grading, stripping, compaction, or significant change in ground elevation
22
shall be permitted within the drip line of trees designated for conservation
unless indicated on the grading plans, as approved by the City, and landscape
23
professional. If grading or construction is approved within the drip-line, a
24
landscape professional may be required to be present during grading
operations, and shall have authority to require protective measures to protect
25
the roots.
26
d.Changes in soil hydrology and site drainage within tree protection areas shall
27
be minimized. Excessive site run-off shall be directed to appropriate storm
drain facilities and away from trees designated for conservation.
28
e.Should encroachment into a tree protection area occur which causes
29
irreparable damage, as determined by a landscape professional, to trees, the
30
project plan shall 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.
5591
ORDINANCE NO. # Page of
5.Tree Removal.Development shall be designed to preserve the maximum number
1
of trees on a site. The development shall follow thestandards for fuel reduction if
2
the development is located in Wildfire Lands. When justified by findings of fact, the
3 hearing authority may approve the removal of trees for one or more of the following
conditions.
4
a.The tree is located within the building envelope.
5
b.The tree is located within a proposed street, driveway, or parking area.
6
c.The tree is located within a water, sewer, or other public utility easement.
7
d.The tree is determined by a landscape professional to be dead or diseased, or
8
it constitutes an unacceptable hazard to life or property when evaluated by the
standards in 18.3.10.090.D.2.
9
e.The tree is located within or adjacent to areas of cuts or fills that are deemed
10
threatening to the life of the tree, as determined by a landscape professional.
11
f. The tree is identified for removal as part of an approved fire prevention and
12
control 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
13
theStaff Advisor, as part of a comprehensive fuels reduction strategy to
14
implement a General Fuel Modification Area consistent with 18.3.10.100 B.
15
6.Tree Replacement.Trees approved for removal, with the exception of trees
removed because they were determined to be diseased, dead, a hazard,or to
16
comply with General Fuel Modification Area requirements,shall be replaced in
17
compliance with the following standards.
18
a.Replacement trees shall be indicated on a tree replanting plan. The replanting
plan shall include all locations for replacement trees, and shall also indicate
19
tree planting details.
20
b.Replacement trees shall be planted such that the trees will in time result in
21
canopy equal to or greater than the tree canopy present prior to development
of the property. See Figure 18.3.10.090.D.6.b. The canopy shall be designed to
22
mitigate of the impact of paved and developed areas, reduce surface erosion,
23
and increase slope stability. Replacement tree locations shall consider impact
on the wildfire prevention and control plan. The hearing authority shall have the
24
discretion to adjust the proposed replacement tree canopy based upon site-
25
specific evidence and testimony.
26
27
28
29
30
5691
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
Figure 18.3.10.090.D.6.b
12
Tree Planting Guideline
13
c.Maintenance of replacement trees shall be the responsibility of the property
owner. Required replacement trees shall be continuously maintained in a
14
healthy manner. Trees that die within the first five years after initial planting
15
must be replaced in kind,after which a new five-year replacement period shall
begin. Replanting must occur within 30 days of notification unless otherwise
16
noted.
17
7.Enforcement.
18
a.All tree removal shall be done in accord with the approved tree removal and
19
replacement plan. No trees designated for conservation shall be removed
without prior approval of the City.
20
b.Should the developer or developer's agent remove or destroy any tree that has
21
been designated for conservation, the developer may be fined up to three times
22
the current appraised value of the replacement trees and cost of replacement
or up to three times the current market value, as established by a professional
23
arborist, whichever is greater.
24
c.Should the developer or developer's agent damage any tree that has been
25
designated for protection and conservation, the developer shall be penalized
$50.00 per scar. If necessary, a professional arborist's report, prepared at the
26
developer's expense, may be required to determine the extent of the damage.
27
Should the damage result in loss of appraised value greater than determined
above, the higher of the two values shall be used.
28
E.Building Location and Design Standards.All buildings and buildable areas
29
proposed for Hillside Lands shall be designed and constructed in compliance with the
30
following standards.
1.Building Envelopes.All newly created lots, either by subdivision or partition, shall
5791
ORDINANCE NO. # Page of
contain building envelopes conforming to the following standards.
1
a.The building envelope shall contain a buildable areawith a slope of 35percent
2
or less.See Figure 18.3.10.090.E.1.a.
3
4
5
6
7
8
9
10
11
12
13
14
15
Figure 18.3.10.090.E.1.a
Buildable Area
16
17
b.Building envelopes and lot design shall address the retention of a percentage
of the lot in a natural state as required in 18.3.10.090.B.3.
18
c.Buildingenvelopes shall be designed and located to maximize tree
19
conservation as required in 18.3.10.090.D.3 while recognizing and following the
20
standards for fuel reduction if the development is located in Wildfire Lands.
21
d.It is recommended that building envelope locations should be located to avoid
ridgeline exposures, and designed such that the roofline of a building within the
22
envelope does not project above the ridgeline as illustrated in Figure
23
18.3.10.090.E.1.d.
24
25
26
27
28
Figure 18.3.10.090.E.1.d.
29
30
2.BuildingDesign.To reduce hillside disturbance through the use of slope
responsive design techniques, buildings on Hillside Lands, excepting those lands
5891
ORDINANCE NO. # Page of
within the designated Historic District, shall incorporate the following into the
1
building design and indicatefeatures on required building permits.
2
a.The height of all structures shall be measured vertically from the natural grade
3
to the uppermost point of the roof edge or peak, wall, parapet, mansard, or
other feature perpendicular to that grade. Maximum hillside building height
4
shall be 35 feet.See Figure 18.3.10.090.E.2.a.i and Figure 18.3.10.090.E.2.a.ii.
5
6
7
8
9
10
11
12
13
14
15
Figure 18.3.10.090.E.2.a.i
Hillside Building Height/Permitted
16
17
18
19
20
21
22
23
24
25
26
27
Figure 18.3.10.090.E.2.a.ii
Hillside Building Height/NotPermitted
28
b.Cut buildingsinto hillsides to reduce effective visual bulk.
29
i.Split pad or stepped footings shall be incorporated into building design to
30
allow the structure to more closely follow the slope.
ii.Reduce building mass by utilizing below grade rooms cut into the natural
5991
ORDINANCE NO. # Page of
slope.
1
c.A building step back shall be required on all downhill building walls greater than
2
20 feet in height, as measured above natural grade. Step-backs shall be a
3
minimum of 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
4
elevations of new buildings shall exceed a maximum height of 20 feet above
5
natural grade. See Figure 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
18
Figure 18.3.10.090.E.2.d.
19
20
21
22
23
24
25
26
27
28
29
30
6091
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
17
into a series of smaller building components to reflect the irregular forms of the
surrounding hillside. Long, linear unbroken roof lines are discouraged. Large
18
gable ends on downhill elevations should be avoided, however smaller gables
19
may be permitted.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
21
supports in excess of 12 feet on downhill elevations should be avoided.
22
g.It is recommended that color selection for new structures be coordinated with
23
the 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
25
architect with demonstrable geotechnical design experience. A designer, as defined,
26
shall not 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
28
envelopes containing a buildable arealess than 35percentslope of sufficient size to
29
accommodate the uses permitted in the underlying zone, unless the division or lot line
adjustment is to provideopen space or for 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 chapter18.5.5 Variances.An
6191
ORDINANCE NO. # Page of
application for an exception is subject to the Type I procedure in section 18.5.1.050
1
and may be granted with respect to the development standards for Hillside Lands if the
2
proposal meets all of the following criteria.
3
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.
4
2.The exception will result in equal or greater protection of the resources protected
5
under this chapter.
6
3.The exception is the minimum necessary to alleviate the difficulty.
7
4.The exception is consistent with the stated Purpose and Intent of chapter 18.3.10
8
Physical and Environmental Constraints Overlay chapter and section 18.3.10.090
Development Standards for Hillside Lands.
9
10
SECTION19.
Section18.3.12.060\[PedestrianPlaceOverlay–SiteDevelopmentand
11
DesignOverlays\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadas
follows:
12
13
18.3.12.060PedestrianPlaceOverlay
14
A.Purpose.The Pedestrian Place overlay is intended to direct and encourage
15
development of small walkable nodes that provide concentrations of gathering places,
housing, businesses, and pedestrian amenities situated and designed in a way to
16
encourage walking, bicycling, and transit use.
17
B.Applicability
18
1.This section applies to properties designated as Pedestrian Places overlay on the
19
Site Design Zones map.
20
2.Review Procedure.The Pedestrian Place overlay requirements apply to proposed
development locatedin the Pedestrian Place overlay that requires a planning
21
application approval, and involves development of new structures or additions
22
other than single-family dwellings,accessory residential units, duplexes,and
otherassociated accessory structures anduses. The provisions of the Pedestrian
23
Place overlay supplement those of the applicable base zoning district and other
24
applicable ordinance requirements.
25
3.Mixed-Use Buildings in Residential Zones.Mixed-use buildings located in an
underlying residential zone require Site Design Review approval in accordance
26
with chapter 18.5.2, and are subject to the standards subsection 18.4.2.040.B
27
Basic Site Review Standards rather than section 18.4.2.030 Residential
Development. Mixed-use buildings are subject to all other applicable provisions of
28
part 18.4 Site Development and Design Standards.
29
4.The Pedestrian Places overlay and development standards do not apply to
30
properties electing to develop under the Transit Triangle (TT) overlay option. See
chapter 18.3.14Transit Triangle Overlay.
6291
ORDINANCE NO. # Page of
C.Pedestrian Place Concept Plans.The Pedestrian Place Concept plans (i.e., site
1
plan, development summary, and building illustrations) are for the purpose of providing
2
an example of development that conforms to the standards, and do not constitute
3 independent approval criteria. Concept plans are attached to the end of this chapter.
D.Development Standards.The following standards shall apply to development in the
4
Pedestrian Places overlay in addition to all applicable provisions of this ordinance.
5
1.Building Setbacks.The solar access setback in chapter 18.4.8 Solar Access
6
applies only to those lots abutting a residential zone to the north.
7
2.Plazas and Landscaping Ratio.Outdoor seating areas, plazas, and other useable
pavedsurfaces may be applied toward meeting the landscaping area requirements
8
in chapter 18.4.4 Landscaping, Lighting, and Screening, but shall not constitute
9
more than 50 percent of the required area.
10
E.Development in Residential Zone.The following standards apply to development
located in the Pedestrian Places overlay and a residential zone, in addition to all
11
applicable provisions of this ordinance.
12
1.Special Permitted Uses.In addition to the permitted uses in the underlying
13
residential zone, the following uses and their accessory uses are permitted subject
to the requirements of this section.
14
a.Professional, financial, business and medical offices, and personal service
15
establishments.
16
b.Stores, shops, and offices supplying commodities or performing services.
17
c.Restaurants.
18
2.Development Standards and Limitations.
19
a.The maximum gross floor area occupied by a special permitted use shall be
20 2,500 square feet.
b.Special permitted uses shall be allowed in a building or in a group of buildings
21
including a mixture of businesses and housing. At least 50 percent of the total
22
gross floor area of a building, or of where there is more than one building on a
site, 50 percent of the total lot area including accessory uses such as parking,
23
landscaping and public space, shall be designated for residential uses.
24
c.The development shall meet the minimum housing density requirements of the
25
underlying zone.
26
d.Mixed-use buildings shall be setback not more than five feet from a public
sidewalk unless the area is used for pedestrian activities such as plazas or
27
outside eating areas, or for a required public utility easement.
28
e.Mixed-use developments shall have a minimum Floor Area Ratio (FAR) of .50.
29
Plazas and pedestrian areas shall count as floor area for the purposes of
meeting the minimum FAR. Projects including existing buildings or vacant
30
parcels of a half an acre or greater in size shall achieve the required minimum
6391
ORDINANCE NO. # Page of
FAR or provide a shadow plan (see graphic) that demonstrates how
1
development may be intensified overtime to meet the required minimum FAR.
2
3
SECTION20.
Section18.4.2.030\[ResidentialDevelopment–BuildingPlacement,
4
Orientation,andDesign\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadas
follows:
5
6
18.4.2.030ResidentialDevelopment
7
A.Purpose and Intent. For new multi-familymultifamilyresidential developments,
careful design considerations must be made to assure that the development is
8
compatible with the surrounding neighborhood. For example, the use of earth tone
9
colors and wood siding will blend a development into an area rather than causing
contrast through the use of overwhelming colors and concrete block walls.
10
1.Crime Prevention and Defensible Space.
11
a.Parking for residents should be located so that distances to
Parking Layout.
12
dwellings are minimized. However, avoid designs where parking areas are
13
immediately abutting dwelling units because there is little or no transition from
public to private areas. Parking areas should be easily visible from adjacent
14
areas and windows.
15
b.Windows should be located so that vulnerable areas
Orientation of Windows.
16
can be easily surveyed by residents.
17
c.Service and laundry areas should be located so
Service and Laundry Areas.
that they can be easily observed by others. Windows and lighting should be
18
incorporated to assure surveillance opportunities. Mail boxes should not be
19
located in dark alcoves out of sight. Barriers to police surveillance such as tall
shrubs and fences should be avoided.
20
d.Reliance solely upon security hardware in lieu of other alternatives
Hardware.
21
is discouraged.
22
e.Site development should utilize lighting prudently. More lighting does
Lighting.
23
not necessarily mean better security. Lighting should be oriented so that areas
vulnerable to crime are accented.
24
f.Plant materials such as high shrubs should be placed so that
Landscaping.
25
surveillance of semi-public and semi-private areas is not blocked. Thorny
26
shrubs will discourage crime activity. Low shrubs and canopy trees will allow
surveillance, hence, reduce the potential for crime.
27
B.Applicability.Except as otherwise required by an overlay zone or plan district, the
28
following standards apply to residential development pursuant to section 18.5.2.020.
29 See conceptual site plan of multi-familymultifamilydevelopment in Figure
18.4.2.030.
30
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
6491
ORDINANCE NO. # Page of
accessory residential units: building orientation requirements in
1
18.4.2.030.C, garage requirements in 18.4.2.030.D, and building materials in
2
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
3
Standards for accessory residential units in section 18.2.3.040.
4
C.Building Orientation.Residential buildings that are subject to the provisions of this
5
chapter shall conform to all of the following standards. See also, solar orientation
standards in section 18.4.8.050.
6
1.Building Orientation to Street.Dwelling units shall have their primary orientation
7
toward a street. Where residential buildings are located within 20 feet of a street,
8
they shall have a primary entrance opening toward the street and connected to the
right-of-way via an approved walkway.
9
2.Limitation on Parking Between Primary Entrance and Street.Automobile circulation
10
or off-street parking is not allowed between the building and the street. Parking
11
areas shall be located behind buildings, or on one or both sides.
12
3.Build-to Line.Where a new building is proposed in a zone that requires a build-to
line or maximum front setback yard, except as otherwise required for clear vision at
13
intersections, the building shall comply with the build-to line standard.
14
D.Garages. The following standards apply to garages, carports, canopies, and other
15
permanent and temporary structures used for parking or storing vehicles, including
those parking and vehicle storage structures accessory to detached single-family
16
dwellings. The standards are intended to balance residents’ desire for a convenient,
17
safe, and private vehicle access to their homes with the public interest in maintaining
safe and aesthetically pleasing streetscapes. The standards therefore promote
18
pedestrian safety and visibility of public ways, while addressing aesthetic concerns
19
associated with street-facing garages. For the purpose of this subsection, a garage
opening is considered to be facing a street where the opening is parallel to or within 45
20
degrees of the street right-of-way line.
21
1.Alleys and Shared Drives.Where a lot abuts a rear or side alley, or a shared
22
driveway, including flag drives, the garage or carport opening(s) for that dwelling
shall orient to the alley or shared drive, as applicable, and not a street.
23
2.Setback for Garage Opening Facing Street.The minimum setback for a garage (or
24
carport) opening facing a street is 20 feet. This provision does not apply to alleys.
25
E.Building Materials.Building materials and paint colors should be compatible with the
26
surrounding area. Very bright primary or neon-type paint colors, which attract attention
to the building or use, are unacceptable.
27
F.Streetscape.One street tree chosen from the street tree list shall be placed for each
28
30 feet of frontage for that portion of the development fronting the street pursuant to
29
subsection 18.4.4.030.E.
30
G.Landscaping and Recycle/Refuse Disposal Areas.Landscaping andrecycle/refuse
disposal areas shall be provided pursuant to chapter 18.4.4.
6591
ORDINANCE NO. # Page of
H.Open Space.Common and/or private open space are required to be provided
1
pursuant to section 18.4.4.070.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Figure 18.4.2.030
24
Multi-FamilyMultifamilyConceptual Site Design
25
SECTION21.
Section18.4.3.040\[ParkingRatios–Parking,Access,andCirculation\]of
26
theAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
27
28
18.4.3.040ParkingRatios
29
Except as provided by section 18.4.3.030, the standard ratios required for automobile
parking are as follows. Fractional spaces shall be rounded up to the next whole
30
number.See also, accessible parking space requirements in section 18.4.3.050.
6691
ORDINANCE NO. # Page of
1
Table 18.4.3.040 –Automobile Parking Spaces by Use
2
MinimumNumber ofParking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded tonext number.)
4
Residential CategoriesSee definition of dwelling types in section 18.6.1.030.
5
2 spaces for detached dwelling units and the following for
attached dwelling units.
6
a.Studio units or 1-bedroom units less than 500 sq. ft. --1
7
space/unit.
Single-family Dwelling
8
b.1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit.
9
c.2-bedroom units --1.75 spaces/unit.
10
d.3-bedroom or greater units --2.00 spaces/unit.
11
a.Units less than 800 sq. ft.–1 space/unit, except. as
exempted in subsection 18.2.3.040.A.
12
b.Units greater than 800 sq. ft. and up to 1,000 sq. ft. –
s
Accessory Residential Unit
13
2.00 spaces/unit.
14
No additional parking spaces required.See definition of
accessory residential unitin section 18.6.1.030.
15
a.2 spaces per duplex meeting the standards in section
16
18.2.3.110.See definition of duplex in section
18.6.1.030.
17
Duplex
b.Use multifamily dwellingparking ratio for duplex not
18
meeting the standardsofsection 18.2.3.110. See
definition of duplex in section 18.6.1.030.
19
Commented \[mh8\]:
To distinguish between required
parking for duplex in residential zones under new state law
a.Studio units or 1-bedroom units less than 500 sq. ft. --1
20
provision and duplexes that are part of a larger multifamily
space/unit.
development in the R-2 and R-3 zones or mixed-use
21
development in theC-1 and E-1 zones.
b.1-bedroom units 500 sq. ft. or larger --1.50 spaces/unit.
22
c.2-bedroom units --1.75 spaces/unit.
Multi-familyMultifamily
23
d.3-bedroom or greater units --2.00 spaces/unit.
s
Dwelling
24
e.Retirement complexes for seniors 55-years or greater --
One space per unit.
25
f.Transit Triangle (TT) overlay option developments, see
26
chapter 18.3.14.
27
a.Units less than 800 sq. ft. --1 space/unit.
28
b.Units greater than 800 sq. ft. and less than 1000 sq. ft. --
1.5 spaces/unit.
29
Cottage Housing
c.Units greater than 1000 sq. ft. --2.00 spaces/unit.
30
d.Retirement complexes for seniors 55-years or greater --
One space per unit.
6791
ORDINANCE NO. # Page of
1
Table 18.4.3.040 –Automobile Parking Spaces by Use
2
MinimumNumber ofParking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded tonext number.)
4
Parking for Manufactured Home on Single-Family Lota
manufactured home on a single-family lotSingle
5 is same as
Manufactured Housing
FamilyaSingle-family
Dwelling; for Manufactured Housing
6
Developments, see sections 18.2.3.170 and 18.2.3.180.
Performance Standards
See chapter 18.3.9.
7
Developments
Commercial Categories
8
Auto, boat or trailer sales, 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land
9
retail nurseries and other area; plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq.
outdoor retail usesft. of gross land area; and 1 space per 2 employees.
10
3 spaces per alley, plus 1 space for auxiliary activities set forth in
Bowling Alleys
11
this section.
12
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;
13
Hotelssee also, requirements for associated uses, such as restaurants,
entertainment uses, drinking establishments, assembly facilities.
14
General Office: 1 space per 500 sq. ft. floor area.
Offices
15
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,
16
Parlors,Similar Useswhichever is less.
General: 1 space per 350 sq. ft. floor area.
17
Retail Sales and Services
Furniture and Appliances: 1 space per 750 sq. ft. floor area.
18
Skating Rinks1 space per 350 sq. ft. of gross floor area.
Theaters, Auditoriums,
19
Stadiums, Gymnasiums and 1 space per 4 seats.
20
Similar Uses
Travelers’ Accommodations1 space per guest room, plus 2 spaces for the owner or manager.
21
Industrial Categories
22
Industrial, Manufacturing and
1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2
Production, Warehousing and
23
employees whichever is less, plus 1 space per company vehicle.
Freight
24
Institutional and Public
Categories
25
Aircraft Hangar -Ashland One space per hangar or one space per four aircraft occupying a
MunicipalAirporthangar, whichever is greater. Parking spaces shall be provided
26
within the hangar or within designated vehicle parking areas
identified in the adopted Ashland Municipal Airport Master Plan.
27
Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall
28
Houses; Rooming and be equivalent to a guest room.
Boarding Houses; Dormitories
29
Daycare1 space per two employees; a minimum of 2 spaces is required.
30
Golf CoursesRegular: 8 spaces per hole, plus additional spaces for auxiliary
uses.
Miniature: 4 spaces per hole.
6891
ORDINANCE NO. # Page of
1
Table 18.4.3.040 –Automobile Parking Spaces by Use
2
MinimumNumber ofParking Spacesper Land Use
3
Use Categories
fractionsfractional spaces
(Based on Gross Floor Area; are
upwhole
rounded tonext number.)
4
Hospital2 space per patient bed.
5
Nursing and Convalescent 1 space per 3 patient beds.
Homes
6
Public Assembly
1 space per 4 seats
7
Religious Institutions and
1 space per 4 seats.
Houses of Worship
8
Rest Homes, Homes for the
1 space per 2 patient beds or 1 space per apartment unit.
9
Aged, or Assisted Living
Elementary and Junior High: 1.5 spaces per classroom, or 1
Schools
10
space per 75 sq. ft. of public assembly area, whichever is greater
High Schools: 1.5 spaces per classroom, plus 1 space per 10
11
students the school is designed to accommodate; or the
requirements for public assembly area, whichever is greater
12
Colleges, Universities and Trade Schools: 1.5 spaces per
13
classroom, plus 1 space per five students the school is designed
to accommodate, plus requirements for on-campus student
14
housing.
Other Categories
15
Parking standards for temporary uses are the same as for primary
16
uses, except that the City decision-making body may reduce or
Temporary Uses
waive certain development and designs standards for temporary
17
uses.
18
SECTION22.
Section18.4.3.060\[ParkingManagementStrategies–VehicleArea
19
Design\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
20
21
18.4.3.060ParkingManagementStrategies
22
Except fordetachedsingle-family dwellingsand duplexes, the off-street parking spaces
may be reduced through the application of the following credits. The total maximum
23
reduction in off-street parking spaces is 50 percent, except as allowed for Off-Site Shared
24
Parking credits in subsection 18.4.3.060.E, below. The approval authority shall have the
discretion to adjust the proposed off-street parking reduction based upon site specific
25
evidence and testimony, and may require a parking analysis prepared by a qualified
26
professional. See 18.4.3.030.A.3 for parking analysis requirements.
27
A.On-Street Parking Credit.Credit for on-street parking spaces may reduce the
required off-street parking spaces up to 50 percent, as follows.
28
1.Credit. One off-street parking space credit for one on-street parking space meeting
29
the standards of subsections 2-4, below. See Figure 18.4.3.060.A.1.
30
6991
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Figure 18.4.3.060.A.1
On-Street Parking Credit
15
16
17 2.Dimensions. On-street parking shall follow the established configuration of existing
on-street parking, except that 45-degree diagonal parking may be allowed with the
18
approval of the Public Works Director, taking into account traffic flows and street
19
design, with the parking spaces designed in accord with the standards on file with
the Public Works Department.
20
a.Parallel parking, each 22 feet of uninterrupted curb.
21
b.45-degree diagonal, each 12 feet of uninterrupted curb.
22
3.Location.
23
a.Curb space must be contiguous to the lot containing the use that requires the
24
parking.
25
b. Parking spaces may not be counted that are within 20 feet measured along the
curb of any corner or intersection of an alley or street, nor any other parking
26
configuration that violates any law or standard of the City or State.
27
c.Parking spaces located on arterials and collectors may only receive credit if the
28
arterial or collector is greater in width than the minimums established by the
street standards in section 18.4.6.040.
29
d.Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU
30
zone.
e.Parking spaces may not be counted that are required as on-street parking in
7091
ORDINANCE NO. # Page of
accordance with section 18.3.9.060 in a development under the Performance
1
Standards Option.
2
4.Availability. On-street parking spaces credited for a specific use shall not be used
3
exclusively by that use, but shall be available for general public use at all times. No
signage or actions limiting general public use of on-street spaces shall be
4
permitted.
5
B.Alternative Vehicle Parking.Alternative vehicle parking facilities may reduce the
6
required off-street parking spaces up to 25 percent, as follows.
7
1.Motorcycle or scooter parking. One off-street parking space credit for four
motorcycle or scooter parking spaces.
8
2.Bicycle parking. One off-street parking space credit for five additional, non-required
9
bicycle parking spaces.
10
3.Microcar parking. One off-street parking space credit for two microcar parking
11
spaces. Microcar spaces shall be designed so that one full size automobile can
use two microcar spaces, and the microcar spaces shall not be limited in use by
12
hours or type of vehicle through signage or other legal instrument.
13
C.Mixed Uses.In the event that several users occupy a single structure or parcel of
14
land, the total requirements for off-street automobile parking shall be the sum of the
requirements for the several uses computed separately unless it can be shown that the
15
peak parking demandsare offset, in which case the mixed-use credit may reduce the
16
off-street parking requirement by a percentage equal to the reduced parking demand.
A mixed-use parking credit may reduce the required off-street parking spaces up to 50
17
percent.
18
D.Joint Use of Facilities.Required parking facilities of two or more uses, structures, or
19
parcels of land may be satisfied by the same parking facilities used jointly, to the
extent that it can be shown by the owners or operators that the need for the facilities
20
does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and
21
provided that such right of joint use is evidenced by a deed, lease, contract, or similar
written instrument establishing such joint use. Jointly-used parking facilities may
22
reduce the required off-street parking spaces up to 50 percent.
23
E.Off-Site Shared Parking.One off-street parking space credit for every one parking
24
space constructed in designated off-site shared parking areas, or through payment of
in-lieu-of-parking fees for a common parking. Off-site shared parking facilities may
25
reduce the required off-street parking spaces up to 100 percent.
26
F.TDM Plan Credit.Through implementation of an individual Transportation Demand
27
Management (TDM) plan that demonstrates a reduction of long-term parking demand
by a percentage equal to the credit requested. A TDM plan may reduce the required
28
off-street parking spaces up to 50 percent.
29
G.Transit Facilities Credit.Sites where at least 20 spaces are required and where at
30
least one lot line abuts a street with transit service may substitute transit-supportive
plazas as follows. A Transit Facilities Credit may reduce the required off-street parking
spaces up to 50 percent.
7191
ORDINANCE NO. # Page of
1.Pedestrian and transit supportive plazas may be substituted for up to ten percent of
1
the required parking spaces on-site.
2
2.A street with transit service shall have a minimum of 30-minute peak period transit
3
service frequency.
4
3.Existing parking areas may be converted to take advantage of these provisions.
5
4.The plaza must be adjacent to and visible from the transit street. If there is a bus
stop along the site’s frontage, the plaza must be adjacent to the bus stop.
6
5.The plaza must be at least 300 square feet in area and be shaped so that a ten-
7
foot by ten-foot (10 feet X 10 feet) square will fit entirely in the plaza.
8
6.The plaza must include all of the following elements.
9
a.A plaza that is open to the public. The owner must record a public access
10
easement that allows public access to the plaza.
11
b.A bench or other sitting area with at least five linear feet of seating.
12
c.A shelter or other weather protection. The shelter must cover at least 20 square
feet and the plaza must be landscaped. This landscaping is in addition to any
13
other landscaping or screening required for parking areas by this ordinance.
14
15
SECTION23.
Section18.4.3.080\[ParkingRatios–VehicleAreaDesign\]oftheAshland
LandUseOrdinanceisherebyamendedtoreadasfollows:
16
17
18.4.3.080VehicleAreaDesign
18
A.Parking Location
19
1.Except for single-family dwellingsandtwo-family dwellingsduplexes, required
20
automobile parking facilities may be located on another parcel of land, provided
said parcel is within 200 feet of the use it is intended to serve. The distance from
21
the parking lot to the use shall be measured in walking distance from the nearest
22
parking space to an access to the building housing the use, along a sidewalk or
other pedestrian path separated from street traffic. Such right to use the off-site
23
parking must be evidenced by a deed, lease, easement, or similar written
24
instrument establishing such use, for the duration of the use.
25
2.Except as allowed in the subsection below, automobile parking shall not be located
in a required front and side yard setback area abutting a public street, except
26
alleys.
27
3.In all residential zones, off-street parking in afront yardfor all vehicles, including
28
trailers and recreational vehiclesislimited to a contiguous area no more than 25
percentof the area of the front yard, or a contiguous area 25feet wide and the
29
depth of the front yard, whichever is greater. Since parking in violation of this
30
section is occasional in nature, and is incidental to the primary use of the site, no
vested rights are deemed to exist and violations of this section are not subject to
the protection of the nonconforming use sections of this ordinance.
7291
ORDINANCE NO. # Page of
B.Parking Area Design. Required parking areas shall be designed in accordance with
1
the following standards and dimensions as illustrated in 18.4.3.080.B. See also,
2
accessible parking space requirements in section 18.4.3.050 and parking lot and
3 screening standards in subsection 18.4.4.030.F.
1.Parking spaces shall be a minimum of 9 feet by 18 feet.
4
2.Up to 50 percent of the total automobile parking spaces in a parking lot may be
5
designated for compact cars. Minimum dimensions for compact spaces shall be 8
6
feet by 16 feet. Such spaces shall be signed or the space painted with the words
"Compact Car Only."
7
3.Parking spaces shall have a back-up maneuvering space not less than 22 feet,
8
except where parking is angled, and which does not necessitate moving of other
9
vehicles.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Figure 18.4.3.080.B
Parking Area Dimensions
28
29
30
7391
ORDINANCE NO. # Page of
4.Parking lots with 50 or more parking spaces, and parking lots where pedestrians
1
must traverse more than 150 feet of parking area, as measured as an average
2
width or depth, shall be divided into separate areas by one or more of the following
3 means: a building or group of buildings; plazas landscape areas with walkways at
least five feet in width; streets; or driveways with street-like features as illustrated in
4
Figure 18.4.3.080.B.4 Street-like features, for the purpose of this section, means a
5
raised sidewalk of at least five feet in width, with six-inch curb, accessible curb
ramps, street trees in planters or tree wells and pedestrian-oriented lighting (i.e.,
6
not exceeding 14 feet typical height).
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Insert Figure 18.4.3.080.B.4
Dividing Parking Lots into Separate Areas
28
29
5.Parking areas shall be designed to minimize the adverse environmental and
30 microclimatic impacts of surface parking through design and material selection as
illustrated in Figure 18.4.3.080.B.5. Parking areas of more than seven parking
spaces shall meet the following standards.
7491
ORDINANCE NO. # Page of
a.Use at one or more of the following strategies for the surface parking area, or
1
put 50 percent of parking underground. For parking lots with 50 or more
2
spaces, the approval authority may approve a combination of strategies.
3
iUse light colored paving materials with a high solar reflectance (Solar
Reflective Index (SRI) of at least 29) to reduce heat absorption for a
4
minimum of 50 percent of the parking area surface.
5
ii.Provide porous solid surfacing or an open grid pavement system that is at
6
least 50 percent pervious for a minimum of 50 percent of the parking area
surface.
7
iii.Provide at least 50 percent shade from tree canopy over the parking area
8
surface within five years of project occupancy.
9
iv.Provide at least 50 percent shade from solar energy generating carports,
10
canopies or trellis structures over the parking area surface.
11
b.Design parking lots and other hard surface areas in a way that captures and
treats runoff with landscaped medians and swales.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Figure 18.4.3.080.B.5
Parking Design to Reduce Environmental Impacts
29
30
C.Vehicular Access and Circulation.The intent of this subsection is to manage access
to land uses and on-site circulation and maintain transportation system safety and
operations. For transportation improvement requirements, refer to chapter 18.4.6
7591
ORDINANCE NO. # Page of
Public Facilities.
1
1.Applicability.This section applies to all public streets within the City and to all
2
properties that abut these streets. The standards apply when developments are
3
subject to a planning action (e.g., Site Design Review, Conditional Use Permit,
Land Partition, Performance Standards Subdivision).
4
2.Site Circulation. New development shall be required to provide a circulation system
5
that accommodates expected traffic on the site. All on-site circulation systems shall
6
incorporate street-like features as described in 18.4.3.080.B.4. Pedestrian
connections on the site, including connections through large sites, and connections
7
between sites and adjacent sidewalks must conform to the provisions of section
8
18.4.3.090.
9
3.Intersection and Driveway Separation. The distance from a street intersection to a
driveway, or from a driveway to another driveway shall meet the minimum spacing
10
requirements for the street’s classification in the Ashland Transportation System
11
Plan (TSP) as illustrated in Figures 18.4.3.080.C.3.a and Figure 18.4.3.080.C.3.b.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Figure 18.4.3.080.C.3.a
Driveway Separation for Boulevards, Avenues, and Collectors
27
28
29
30
7691
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Figure 18.4.3.080.C.3.b
Driveway Separation for Neighborhoods Streets
18
19
a.In no case shall driveways be closer than 24feet as measured from the bottom
20
of the existing or proposed apron wings of the driveway approach.
b.Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM, or
21
M-1 zone shall meet the controlled access standards set forth below. If
22
applicable, cross access easements shall be required so that access to all
properties created by the land division can be made from one or more points.
23
c.Street and driveway access points in an R-2, R-3, C-1, E-1, CM, or M-1 zone
24
shall be limited to the following.
25
i.Distance between driveways.
26
on boulevard streets:100 feet
27
on collector streets:75 feet
28
on neighborhood streets:24 feet for 2 units or fewer per lot,
29
50 feet for three or more units per lot
30
7791
ORDINANCE NO. # Page of
ii.Distance from intersections.
1
on boulevard streets:100 feet
2
on collector streets:50 feet
3
on neighborhood streets:35 feet
4
d.Access Requirements for Multi-familyMultifamilyDevelopments. All multi-
5
familymultifamilydevelopments which will have automobile trip generation in
6
excess of 250 vehicle trips per day shall provideat least two driveway access
points to the development. Trip generation shall be determined by the methods
7
established by the Institute of Transportation Engineers.
8
4.Shared Use of Driveways and Curb Cuts.
9
a.Plans submitted for developments subject to aplanning actionshall indicate
10
how driveway intersections with streets have been minimized through the use
of shared driveways and all necessary access easements.Where necessary
11
from traffic safety and access management purposes, the City may require joint
12
access and/or shared driveways in the following situations.
13
i.For shared parking areas.
14
ii.For adjacent developments, where access onto an arterial is limited.
15 iiiFor multi-familymultifamilydevelopments, and developments on multiple
lots.
16
b.Developments subject to a planning action shall remove all curb cuts and
17
driveway approaches not shown to be necessary for existing improvements or
the proposed development. Curb cuts and approaches shall be replaced with
18
standard curb, gutter,sidewalk, and planter/furnishings stripas appropriate.
19
c.If the site is served by a shared access or alley, access for motor vehicles must
20
be from the shared access or alley and not from the street frontage.
21
5.Alley Access.Where a property has alley access, vehicle access shall be taken
from the alley and driveway approaches and curb cuts onto adjacent streets are
22
not permitted.
23
D.Driveways and Turn-Around Design.Driveways and turn-arounds providing access
24
to parking areas shall conform to the following provisions.
25
1.A driveway for a single-familydwelling or a duplex shall be minimum of nine feet
in width, and a shared driveway serving two units shall be a minimum of 12
26
feet in width, except that driveways over 50 feet in length or serveservinga flag
27
lot shall meetthe width and design requirements of section 18.5.3.060. Accessory
residential units are exempt from the requirements of this subsection.
28
2.Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in
29
width, except for those drivewayssubject to subsection 18.4.3.080.D.1,
30
above.Accessory residential units are exempt from the requirements of this
subsection.
7891
ORDINANCE NO. # Page of
3.Parking areas of more than seven parking spaces shall be served by a driveway 20
1
feet in width and constructed to: facilitatethe flow of traffic on or off the site, with
2
due regard to pedestrian and vehicle safety; be clearly and permanently marked
3 and defined; and provide adequate aisles or turn-around areas so that all vehicles
may enter the street in a forward manner.
4
4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be
5
minimized.
6
5.For single-family lots and multi-familymultifamilydevelopments, the number of
driveway approaches and curb cuts shall not exceed one approach/curb cut per
7
street frontage. For large multi-familymultifamilydevelopments and other uses,
8
the number of approaches and curb cuts shall be minimized where feasible to
address traffic safety or operations concerns.
9
6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
10
minimum vertical clearance of 13.5 feet for their entire length and width. Parking
11
structures are exempt from this requirement.
12
7. Vision Clearance. No obstructions may be placed in the vision clearance area
except as set forth in section 18.2.4.040.
13
8.Grades for new driveways in all zones shall not exceed 20 percent for any portion
14
of the driveway. If required by the City, the developer or owner shall provide
15
certification of driveway grade by a licensed land surveyor.
16
9.All driveways shall be installed pursuant to City standards prior to issuance of a
certificate of occupancy for new construction.
17
10.Driveways for lots created or modified through a land division or property line
18
adjustment, including those for flag lots, shall conform to the requirements of
19
chapter 18.5.3 Land Divisions and Property Line Adjustments.
20
E.Parking and Access Construction.The development and maintenance as provided
below, shall apply in all cases, except single-family dwellings,and accessory
21
residential units, and duplexes.
22
1.Paving.All required parking areas, aisles, turn-arounds, and driveways shall be
23
paved with concrete, asphaltic, porous solid surface, or comparable surfacing,
constructed to standards on file in the office of the City Engineer.
24
2.Drainage.All required parking areas, aisles, and turn-arounds shall have
25
provisions made for the on-site collection of drainage waters to eliminate sheet flow
26
of such waters onto sidewalks, public rights-of-way, and abutting private property.
27
3.Driveway Approaches.Approaches shall be paved with concrete surfacing
constructed to standards on file in the office of the City Engineer.
28
4.Marking.Parking lots of more than seven spaces shall have all spaces
29
permanently and clearly marked.
30
5.Wheel stops.Wheel stops shall be a minimum of four inches in height and width
and six feet in length. They shall be firmly attached to the ground and so
constructed as to withstand normal wear. Wheel stops shall be provided where
7991
ORDINANCE NO. # Page of
appropriate for all spaces abutting property lines, buildings, landscaping, and no
1
vehicle shall overhang a public right-of-way.
2
6.Walls and Hedges
3
a.Where a parking facility is adjacent to a street, a decorative masonry wall, or
4
fire resistant broadleaf evergreen site-obscuring hedge screen between 30 and
42 inches in height and a minimum of 12 inches in width shall be established
5
parallel to and not nearer than two feet from the right-of-way line, pursuant to
6
the following requirements.
7
i.The area between the wall or hedge and street line shall be landscaped.
8
ii.Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
9
iii.All vegetation shall be adequately maintained by a permanent irrigation
10
system, and said wall or hedge shall be maintained in good condition.
11
iv.Notwithstanding the above standards, the required wall or screening shall
12
be designed to allow access to the site and sidewalk by pedestrians and
shall meet the vision clearance area requirements in section 18.2.4.040,
13
and shall not obstruct fire apparatus access, fire hydrants, or other fire
14
appliances.
15
b.In all zones, except single-family zones, where a parking facility or driveway is
adjacent to a residential or agricultural zone, school yard, or like institution, a
16
sight-obscuring fence, wall, or fire resistant broadleaf evergreen site-obscuring
17
hedge shall be provided, pursuant to the following requirements.
18
i.The fence, wall or hedge shall be placed on the property line and shall be
between five feet and sixfeet in height as measured from the high grade
19
side of the property line, except that the height shall be reduced to 30
20
inches within a required setback area and within ten feet of a street
property line.
21
ii.Screen plantings shall be of such size and number to provide the required
22
screening within 12 months of installation.
23
iii.Adequate provisions shall be made to protect walls, fences, or plant
24
materials from being damaged by vehicles using said parking area.
iv.Notwithstanding the above standards, therequired wall or screening shall
25
be designed to meet the vision clearance area requirements in section
26
18.2.4.040.
27
v.The fence, wall, or hedge shall be maintained in good condition.
28
7.Landscaping.In all zones, all parking facilities shall include landscaping to cover
not less than seven percent of the area devoted to outdoor parking facilities,
29
including the landscaping required in subsection 18.4.3.080.E.6, above. Said
30
landscaping shall be uniformly distributed throughout the parking area, and
provided with irrigation facilities and protective curbs or raised wood headers. It
may consist of trees, plus shrubs, ground cover, or related material. A minimum of
8091
ORDINANCE NO. # Page of
one tree per seven parking spaces is required.Single-family dwellingsand
1
accessory residential unitsare exempt from the requirements of this
2
subsection.
3
8.Lighting.Lighting of parking areas within 100 feet of property in residential zones
shall be directed into or on the site and away from property lines such that the light
4
element shall not bedirectly visible from abutting residential property. Lighting shall
5
comply with section 18.4.4.050.
6
7
SECTION24.
Section18.4.3.090\[PedestrianAccessandCirculation–VehicleArea
Design\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
8
9
18.4.3.090PedestrianAccessandCirculatio
n
10
A.Purpose. The purpose of section 18.4.3.090 is to provide for safe, direct, and
convenient pedestrian access and circulation.
11
B.Standards.Development subject to this chapter, except single-family dwellings on
12
individual lots,accessory residential units, duplexes,and associated accessory
13
structures, shall conform to the following standards for pedestrian access and
circulation.
14
1.Continuous Walkway System. Extend the walkway system throughout the
15
development site and connect to all future phases of development, and to existing
16
or planned off-site adjacent sidewalks, trails, parks, and common open space
areas to the greatest extent practicable. The developer may also be required to
17
connect or stub walkway(s) to adjacent streets and to private property for this
18
purpose.
19
2.Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient
walkway connections between primary building entrances and all adjacent streets.
20
For the purposes of thissection, the following definitions apply.
21
a.“Reasonably direct” means a route that does not deviate unnecessarily from a
22
straight line or a route that does not involve a significant amount of out-of-
direction travel for likely users.
23
b.“Safe and convenient” means reasonably free from hazards and provides a
24
reasonably direct means of walking between destinations.
25
c."Primary entrance" for a non-residential building means the main public
26
entrance to the building. In the case where no public entrance exists, street
connections shall be provided to the main employee entrance.
27
d."Primary entrance" for a residential building is the front door (i.e., facing the
28
street). For multifamily buildings and mixed-use buildings where not all dwelling
29
units have an individual exterior entrance, the “primary entrance” may be a
lobby, courtyard, or breezeway serving as a common entrance for more than
30
one dwelling.
3.Connections within Development. Walkways within developments shall provide
8191
ORDINANCE NO. # Page of
connections meeting all of the following requirements as illustrated in Figures
1
18.4.3.090.B.3.a and 18.4.3.090.B.3.b
2
a.Connect all building entrances to one another to the extent practicable.
3
b.Connect on-site parking areas, common and public open spaces,and common
4
areas, and connect off-site adjacent uses to the site to the extent practicable.
Topographic or existing development constraints may be cause for not making
5
certain walkway connections.
6
c.Install a protected raised walkway through parking areas of 50 or more spaces,
7
and where pedestrians must traverse more than 150 feet of parking area, as
measured as an average width or depth.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Figure18.4.3.090.B.3.a
30
Pedestrian Access and Circulation
8291
ORDINANCE NO. # Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Figure 18.4.3.090.B.3.b
18
Pedestrian Access and Circulation Detail
19
4.Walkway Design andConstruction.Walkways shall conform to all of the
20
following standards in as illustrated in Figure 18.4.3.090.B.3.a and
21
18.4.3.090.B.3.b. For transportation improvement requirements, refer to chapter
18.4.6 Public Facilities.
22
a.Vehicle/Walkway Separation. Except for crosswalks, where a walkway abuts a
23
driveway or street, it shall be raised six inches and curbed along the edge of
24
the driveway. Alternatively, the approval authority may approve a walkway
abutting a driveway at the same grade as the driveway if the walkway is
25
distinguished from vehicle-maneuvering areas. Examples of alternative
26
treatments are mountable curbs, surface treatments such as stamped concrete
or reflector bumps, and using a row of decorative metal or concrete bollards to
27
separate a walkway from a driveway.
28
b.Crosswalks. Where walkways cross a parking area or driveway, clearly mark
29
crosswalks with contrasting paving materials (e.g.light-color concrete inlay
,
between asphalt), which may be part of a raised/hump crossing area. Painted
30
or thermo-plastic striping and similar types of non-permanent applications may
be approved for crosswalks not exceeding 24 feet in length.
8391
ORDINANCE NO. # Page of
c.Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt,
1
brick/masonry pavers, or other durable surface, and at least five feet wide.
2
Multi-use paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt,
3 and at least ten feet wide, in accordance with the section 18.4.6.040 Street
Design Standards.
4
d.Accessible routes. Walkways shall comply with applicable Americans with
5
Disabilities Act (ADA) and State of Oregon requirements. The ends of all raised
walkways, where the walkway intersects a driveway or street, shall provide
6
ramps that are ADA accessible, and walkways shall provide direct routes to
7
primary building entrances.
8
e.Lighting. Lighting shall comply with section 18.4.4.050.
9
10
SECTION25.
Section18.5.2.020\[Applicability–SiteDesignReview\]oftheAshland
LandUseOrdinanceisherebyamendedtoreadasfollows:
11
12
18.5.2.020Applicability
13
Site Design Review is required for the following types of project proposals.
14
A.Commercial, Industrial, Non-Residential, and Mixed Uses.Site Design Review
applies to the following types of non-residential uses and project proposals, including
15
proposals for commercial, industrial, and mixed-use projects, pursuant to section
16
18.5.2.030 Review Procedures.
17
1.New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones.
18
2.New non-residential structures or additions in any zone, includingpublic buildings,
schools, churches, and similar public and quasi-public uses in residential zones.
19
3.Mixed-use buildings and developments containing commercial and residential uses
20
in a residential zoning district within the Pedestrian Place Overlay.
21
4.Any exterior change, including installation of Public Art, to a structure which is
22
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
23
building permit.
24
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.
25
6.Expansion of any parking lot, relocation of parking spaces on a site, or any other
26
change that alters or affects circulation onto an adjacent property or public right-of-
27
way.
28
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
29
parking spaces.
30
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
8491
ORDINANCE NO. # Page of
of this ordinance.
1
9.Installation of mechanical equipment not fully enclosed in a structure and not
2
otherwise exempt from site design review per section 18.5.2.020.C.
3
10.Installation of wireless communication facilities in accordance with section 18.4.10.
4
B.Residential Uses.Site Design Review applies to the following types of residential
5
uses and project proposals, pursuant to section 18.5.2.030 Review Procedures.
6
1.TwoThreeor more dwelling units on onelot in any zoningdistricta residential
zone,including the addition of an accessory residential unit, unless exempt
7
from Site Design Review per subsection 18.2.3.040.Aand oneor more
Commented \[mh9\]:
Mixed-use development including
8
dwelling units on a lot in any other non-residential zone.residentialunits in the C-1 and E-1 zones requires Site
Design Review.
9
2.Construction of attached (common wall) single-family dwellings (e.g., townhomes,
condominiums, rowhouses) in any zoning district.
10
3.Any exterior change, including installation of Public Art, to a structure individually
11
listed on the National Register of Historic Places that requires a building permit.
12
4.Any change to off-street parking or landscaping in a residential development where
13
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.
14
5.Any change in use that requires a greater number of parking spaces.
15
6.Installation of mechanical equipment not fully enclosed in a structure and not
16
otherwise exempt from Site Design Review per subsection 18.5.2.020.C.
17
7.Installation of wireless communication facilities (e.g., accessory to a residential
use), in accordance with section 18.4.10.
18
C.Exempt From Site DesignReview.The following types of uses and projects are
19
exempt from Site Design Review.
20
1.Detached single-family dwellingsand associated accessory structures and uses.
21
2.Accessory residential units meeting the requirements of subsection 18.2.3.040.A
22
andduplexes meeting the requirements of subsection 18.2.3.110.
23
3.Land divisions and property line adjustments, which are subject to review under
chapter 18.5.3.
24
4.The following mechanical equipment.
25
a.Private, non-commercial radio and television antennas not exceeding a height
26
of 70 feet above grade or 30 feet above an existing structure, whichever height
27
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
28
antenna mast or tower over 50 feet above grade or 30 feet above an existing
29
structure when the same is constructed on the roof of the structure.
30
b.Not more than three parabolic disc antennas, each under one meter in
diameter, on any one lot or dwelling unit.
8591
ORDINANCE NO. # Page of
c.Roof-mounted solar collection devices in all zones, with the exception of E-1
1
and C-1 zoned properties located within designated historic districts. The
2
devices shall comply with solar setback standards described in chapter 18.4.8
3 and the height standards of the respective zoning district.
d.Roof-mounted solar collection devices on E-1 and C-1 zoned properties
4
located within designated historic districts if the footprint of the structure is not
5
increased, the plane of the system is parallel to the slope of the roof and does
not extend above the peak height of the roof or existing parapets, or is
6
otherwise not visible from a public right-of-way. The devices shall comply with
7
solar setback standards described in chapter 18.4.8 and height requirements of
the respective zoning district.
8
e.Installation of mechanical equipment other than those exempted in
9
18.5.2.020.C.3, subsections a –d, above, and which is not visible from a public
10
right-of-way, except alleys, or adjacent residentially zoned property and
consistent with other provisions of this ordinance, including solar access in
11
chapter 18.4.8, and noise and setback requirements of subsection
12
18.2.4.020.B. See also, screening standards for mechanical equipment in
subsection 18.4.4.030.G.4.
13
f.Routine maintenance and replacement of existing mechanical equipment in all
14
zones.
15
16
SECTION26.
Section18.5.7.020\[ApplicabilityandReviewProcedure–TreeRemoval
17
Permits\]oftheAshlandLandUseOrdinanceisherebyamendedtoreadasfollows:
18
18.5.7.020ApplicabilityandReviewProcedure
19
All tree removal and topping activities shall be carried out in accordance with the
20
requirements 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.
21
If tree removal is part of another planning action involving development activities, the tree
22
removal application, if timely filed, shall be processed concurrently with the other planning
23
action. Applications for Tree Removal Permits are reviewed as follows.
24
A.Ministerial Action. The following Tree Removal Permits are subject to the Ministerial
procedure in section 18.5.1.040.
25
1.Emergency Tree Removal Permit.
26
B. Type I Reviews. The following Tree Removal Permits are subject to the Type I review
27
in section 18.5.1.050. This section applies to removal of trees that are a hazard or are
28
not a hazard.
29
1.Removal of trees greater than six-inches DBH on private lands zoned C-l, E-l, M-l,
CM, orHC.
30
2.Removal of trees greater than six-inches DBH on lots zoned R-2, R-3, and R-1-3.5
that are not occupied solely by a detached singlefamilysingle-familydetached
8691
ORDINANCE NO. # Page of
dwellingand associated accessory structures including an accessory
1
residential unit, or by a duplex.
2
3.Removal of significant trees, as defined in part 18.6, on vacant propertyzoned for
3
residential purposes including but not limited to R-1, RR, WR, and NM zones.
4
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
5
City.
6
5.Tree Topping Permit.
7
C.Exempt From Tree Removal Permit.The following activities are exempt from the
8
requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B, above.
9
1.Those activities associated with the establishment or alteration of any park under
the Ashland Parks and Recreation Commission. However, the Parks and
10
Recreation Department shall provide an annual plan in January to the Tree
11
Commission outlining proposed tree removal and topping activities, and reporting
on tree removal and topping activities that were carried out in the previous year.
12
2.Removal of trees in singlefamilysingle-familyresidential zones on lots occupied
13
only by a detachedsingle-familysinglefamily detached dwellingand
14
associated accessory structuresincludingan accessory residential unit, or by a
duplex,where the property is less than twice the minimum lot size or otherwise
15
ineligible to be partitioned orsubdivided, exceptas otherwise regulated by
16
chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water
Resource Protection Zones.
17
3.Removal of trees in multi-familymultifamilyresidential and health care zones on
18
lots occupied only by a detachedsingle-familysinglefamily detached dwelling
19
and associated accessory structuresincluding an accessory residential unit, or
by a duplex,where the property cannot be further developed with additional
20
dwelling units other than anaccessory residential unitor a duplex, except as
21
otherwise regulated by chapters 18.3.10 Physical and Environmental Constraints
and 18.3.11 Water Resource Protection Zones.
22
4.Removal of trees less than six-inches DBH in any zone, excluding those trees
23
located within the public right of way or required as conditions of approval with
24
landscape improvements for planning actions.
25
5.Removal of trees less than 18 caliper inches in diameter at breast height (DBH)
on any public school lands, Southern Oregon University, and other public land,
26
excluding Heritage trees.
27
6.Removal of trees within the Wildfire Lands area of the City, as defined on adopted
28
maps, for the purposes of wildfire fuel management, consistent with the fuel
modification area standards in 18.3.10.100, and in accord with the requirements of
29
chapters 18.3.10 Physical and Environmental Constraints and 18.3.11 Water
30
Resource Protection Zones.
7.Removal of dead trees.
8791
ORDINANCE NO. # Page of
8.Those activities associated with tree trimming for safety reasons, as mandated by
1
the Oregon Public Utilities Commission, by the City's Electric and
2
Telecommunication Utility. However, the Utility shall provide an annual plan to the
3 Tree Commission outlining tree trimming activities and reporting on tree trimming
activities that were carried out in the previous year. Tree trimming shall be done, at
4
a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be
5
done in conformance and to comply with OPUC regulations.
9.Removal of street trees within the public right-of-way subject to street tree removal
6
permits in AMC 13.16.
7
10.Those activities associated with tree trimming or removal at the Airport, within the
8
Airport (A) overlay zone for safety reasons, as mandated by the Federal Aviation
Administration. The Public Works Department shall provide an annual report to the
9
Tree Commission outlining tree trimming activities and reporting on tree trimming
10
activities that were carried out in the previous year.
11
D.Other Requirements.
12
1.Flood Plain, Hillsides, and Wildfire. Tree removal in the Physical and
Environmental Constraints Overlay (i.e., areas identified as Flood Plain Corridor
13
Land, Hillside Lands, Wildfire Lands and Severe Constraint Lands) must also
14
comply with the provisions of chapter 18.3.10 Physical and Environmental
Constrains Overlay.
15
2.Water Resources. Tree removal in regulated riparian areas and wetlands must also
16
comply with the provisions of chapter 18.3.11 Water Resources Protection Zones.
17
18
SECTION27.
Section18.6.1.030\[Definitions–Definitions\]oftheAshlandLandUse
Ordinanceisherebyamendedtoreadasfollows:
19
20
18.6.1.030Definitions
21
The following definitions are organized alphabetically.
22
23
Basement.That portion of a building with a floor-to-ceiling height of not less than six-and-
24
a-half6½feet, where the perimeter walls do not exceed 12 feet above finished grade
at any point, and where 50 percent or more of its perimeter walls are less than six feet
25
above natural grade.
26
27
Dwelling.A structure conforming to the definition of a dwelling under applicable building
28
codes and providing complete, independent living facilities for onefamily, including
permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings
29
with more than oneset of cooking facilities are considered to contain multiple dwelling
30
unitsor accessory dwelling units, as applicable,unless the additional cooking
facilities are clearly accessory to the primaryuse, such as an outdoor grill or wet bar.
For the purposes of this ordinance, the following types of dwelling units are definedas
8891
ORDINANCE NO. # Page of
follows.:
1
-AccessoryResidentialUnit.Asecondarydwellingunitonalotwherethe
2
primaryusestructureisasingle-familydwelling,andthesecondarydwelling
3
meetsthesizerequirementsandstandardsinsection18.2.4.040.The
accessoryresidentialunitcanbeeitherattachedtoasingle-familydwelling,
4
withinaportionofanexistingsingle-familydwelling(i.e.conversionofgrossfloor
5
areawithintheprimaryresidence),orlocatedinadetachedbuildinglocatedon
thesamelot,andhavinganindependentmeansofaccess(i.e.,door).
6
-DuplexDwelling.A structure that contains two dwelling units located on one
7
lot. The units must share a common wall or common floor/ceiling.Two
8
dwellingson one lot in any configuration including eitherin attached or
detached structures.Two attached dwellings in a stand-alone structure that
9
is included in a multifamily development of three or more units shall be
10
considered multifamily dwellings and shallnot be considered a duplex.
11
-Clustered Residential Units (Normal NeighborhoodDistrict).Multiple
dwellings grouped around common open space that promote a scale and
12
character compatible with single-family dwellings. Units are typically
13
arranged around a central common green under communal ownership.
Automobile parkingis generally grouped ina shared area or areas.
14
-Cottage. Asingle-family dwellingup to 1,000 square feet in size, located in a
15
cottage housing development, and developed in accordance with section
16
18.2.3.090.
17
-Manufactured Home. A structureconstructed for movement on the public
highways that has sleeping, cooking, and plumbing facilities, that is intended for
18
human occupancy, that is being used for residential purposes, and that was
19
constructed in accordance with federal manufactured housing construction and
safety standards and regulations in effect at the time of construction.
20
-Mobile Home. A structure constructed for movement on the public highways that
21
has sleeping, cooking, and plumbing facilities, that is intended for human
22
occupancy,that is being used for residential purposes, and that was constructed
between January 1, 1962, and June 15, 1976, and met the construction
23
requirements of Oregon mobile home law in effect at the time of construction.
24
-Multifamily Dwelling.A dwelling in a structure or grouping of structures
25
containing two or more dwelling units located on one lot.Three or more
dwellingson one lot in any configuration including either in attached or
26
detached structures.Two attached dwellings included ina mutltifamily
27
development of three or more units shall not be considered a duplex.
28
-Senior Housing. Housing designated and/or managed for persons over a
specified age. Specific age restrictions vary, and uses may include assisted living
29
facilities, retirement homes, convalescent or nursing homes, and similar uses not
30
otherwise classified as Residential Homes or Residential Facilities.
-Single-FamilySingle-familyDwelling. A detached or attached structure
8991
ORDINANCE NO. # Page of
containing onedwelling unit located on its ownonelot.
1
2
Floor Area. The area of an enclosed floor measured from the exterior faces of exterior
3
walls or from the center line of walls separating two buildings.
4
-Gross Floor Area.The sum of the gross horizontal areas of all enclosed floors
5
measured from the exterior faces of exterior walls or from the center line of walls
separating two buildings, but excluding basements, attic space providing structural
6
head room of less thansix-and-a-half6½feet, and unenclosed steps, porches,
7
terraces and balconies. Individual sections of this ordinance may exempt additional
spaces from gross floor area.
8
-Gross Habitable Floor Area.The sum of the gross horizontal areas of all
9
enclosed floors with at least seven feet of headroom in a dwelling unit measured
10
from the exterior faces of exterior walls or from the center line of walls separating
two buildings, excluding uninhabitable spaces accessed solely by an exterior door.
11
-Maximum Permitted Floor Area (MPFA).The gross floor area oftheprimarya
12
dwelling, including but not limited to potential living spaceswithin the structure with
13
at least seven feet of head room and attached garages. Basements, detached
garages, detached accessory structures, and detached accessory residential
14
unitsare not counted in the gross floor area for the MPFA calculation if
15
separated from the by six feet or more. Similarly, unenclosed breezeways,
and similar open structures connecting an exempt detached structure to the
16
primary dwelling not counted in the MPFA calculation.See section
17
18.25.070.E for exceptions to MPFA.
18
19
SECTION28.Codification.
Inpreparingthisordinanceforpublicationanddistribution,
20
theCityRecordershallnotalterthesense,meaning,effect,orsubstanceoftheordinance,
21
butwithinsuchlimitations,may:
22
(a)
Renumbersectionsandpartsofsectionsoftheordinance;
23
(b)
Rearrangesections;
24
(c)
Changereferencenumberstoagreewithrenumberedchapters,sectionsorother
25
parts;
26
(d)
Deletereferencestorepealedsections;
27
(e)
Substitutethepropersubsection,section,orchapternumbers;
28
(f)
Changecapitalizationandspellingforthepurposeofuniformity;
29
(g)
Addheadingsforpurposesofgroupinglikesectionstogetherforeaseofreference;
30
and
(h)
Correctmanifestclerical,grammatical,ortypographicalerrors.
9091
ORDINANCE NO. # Page of
1
SECTION29.Severability.
2Eachsectionofthisordinance,andanypartthereof,is
3severable,andifanypartofthisordinanceisheldinvalidbyacourtofcompetent
4jurisdiction,theremainderofthisordinanceshallremaininfullforceandeffect.
5
6Theforegoing ordinance was first read by title only in accordance with Article X, Section
72(C) of the City Charter on the _____day of ____________, 2021, and duly PASSED and
8ADOPTED this ____ day of _____________, 2021
.
9
10
_______________________________
Melissa Huhtala, City Recorder
11
12
SIGNED and APPROVED this day of ____________,2021.
13
14
________________________
15
Julie Akins, Mayor
16
Reviewed as to form:
17
18
______________________________
19
David H. Lohman, City Attorney
20
21
22
23
24
25
26
27
28
29
30
9191
ORDINANCE NO. # Page of