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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