HomeMy WebLinkAbout2019-08-27 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
August 27, 2019
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV.DISCUSSION ITEMS
A. Plaza and Public Space Standards
B. Draft Amendments to Open Space Standards
V. ADJOURNMENT
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contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
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ADA Title 1).
Memo
DATE: August 27, 2019
TO: Ashland Planning Commission
FROM: Maria Harris, Planning Manager
RE: Draft ordinance amendments to open space standards
Summary
The Planning Commission is being asked to provide feedback to staff on the attached draft ordinance
amendments to the open space standards.
Background
The Planning Commission discussed amendments to the open space standards at the January 22, 2019
and March 26, 2019 meeting.
The Commission reviewed draft amendments at the March 26 meeting. There were a variety of items
discussed at the meeting including the term open space, requirements for upper-floor level balconies,
impacts on steeper slopes on usable areas, improving the definition of major recreation facility and
addressing the written comments submitted or the March 26 meeting.
Draft Ordinance Amendments
Sta
and the written comments received at the March 26 meeting. The key changes since the March 26
meeting include the following.
Open Space Standards for Multifamily and Attached Single-family Housing 18.4.2.030.H
A requirement that a minimum of 50 percent of the required open space is provided as a
o
common area for developments of 10 or more units. This can be reduced if the site is
within a quarter mile of a public park.
Addition of standards for common open space including minimum dimensions, locational
o
requirements and slopes.
Addition of private open space standards for decks, patios, porches, yards and similar
o
areas. Standards added for ground-floor dwelling units and upper-floor dwelling units.
Open Space Standards for Performance Standards Options (PSO) Developments
Addition of dimensional standards for common open space except for pedestrian paths
o
and natural feature areas.
Definitions
Definition of common area revised.
o
Major recreational facilities definition added.
o
Definitions for common and private open space added.
o
Definition of yard revised.
o
Page 2 of 2
The attached document incudes what staff believes are the key issues and changes discussed thus far by
the Planning Commission. If the Planning Commission believes the draft ordinance amendments are
moving in the right direction, staff will perform and provide a comprehensive update to the land use
ordinance including subsection 18.25.080.F Residential Density bonus, cross references and terminology
consistency throughout the land use ordinance.
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ORDINANCE NO.______
AN ORDINANCE AMENDING CHAPTERS 18.3.9, 18.4.2 AND 18.6OF
THE ASHLAND LAND USE ORDINANCE TO AMEND THE OPEN
SPACESTANDARDS
Annotated to show deletions and additionsto the code sections being modified. Deletions are
bold lined throughbold underlined
and additions are .Unchanged text is grey.
SECTION 1.
Section 18.4.2.030.H\[Residential Development–Open Space\] of the Ashland
Land Use Ordinance is hereby amended as follows:
18.4.2.030Residential Development
Commented \[MH1\]:
This section applies to development
with two or more multi-family dwelling units per lot (ARUs
H.Open Space.Residential developments that are subject to the provisions of this chapter
are exempted) and attached common wall single-family
shall conform to all of the following standards.
dwellings (e.g. townhomes, condominiums, rowhouses). See
Site Design Review applicability in 18.5.2.020.B.
1.Recreation AreaOpen Space.An area equal to at least eight percent of the lot area
shall be dedicated toopen space for recreational use by the tenantsof the
development.
a.Required Area. An area equal to at least eight percent of the total lot area shall
be dedicated as open space. The required open space area may be met by
combining common and private open spacesmeeting the requirements of this
section.
b.All areas set aside for common open space shall be counted forbase density.
The required open space is not subject to bonus point calculations.
c.Ownershipand Maintenance.The open space shall be designated as common
area on the application submittals and permanently set aside for the use of
residents of the development.Maintenance ofopen space shall be
responsibility of the lot owner(s).
d.Timing.Open space shall be constructedand landscaped, or secured with a
financial instrument, prior to final occupancy of the first dwelling unit.
e.Performance Standards Option (PSO) Overlay.Open space dedicated to meet
the requirements of this section shall also satisfy the open space requirement
of subsection 18.3.9.050.A.3 for developmentsexercising the Performance
Standards option in Chapter 18.3.9.
Commented \[MH2\]:
Multifamily and attached single-family
developments that are subject to Site Design Review and
2.Surfacing. Areas covered by shrubs, bark mulch, and other ground covers that do
are creating a subdivision (Performance Standards Option)
not provide suitable surface for human use may not be counted towards this
can also count the 8% open space required under Site
Design Review as the required 5% of common open space
requirement.
required for a PSO subdivision for 10 or more units. In
other words, the percentages required overlap and are not
3.Decks and Patios.Decks, patios, and similar areas are eligible for open space.
added to require 13%.
4.Play Areas. Play areas for children are required for projects of greater than 20
units that are designed to include families. Play areas are eligible for open space.
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2.Common Open Space.Common open space shall meet the following standards.
a.Required Area.A minimum of fifty percent of the required open spaceshall be
designated and permanently set aside ascommon open spacein all
developmentsof ten or moredwelling units that are over 500 square feet of
gross habitable floor area. The common open space requirement may be
reduced throughthe application of acredit in section 18.4.2.030.H.2.h, below.
Commented \[MH3\]:
This is a new approach to require ½
of open space in common area. This is reduced to ¼ in
b.Dimensional Standards.Common open space dimensions shall be a minimum
common area if within ¼ mile walk of a park. This
of 20 feet and a minimum area of 400 square feet.
suggestion was discussed by the Planning Commission at the
March 26 study session.
i.Pedestrian Connections.Pedestrianand multi-use paths shallcontribute
Commented \[MH4\]:
This is a new requirement intended
toward meeting the required common open space areaafter the minimum
to provide a functional common open spaces.
area required in subsection18.4.2.030.H.2.a, above,is met.
c. Location.
i.Common open space shall not be located within a required buffer or
perimeter yard setback area.
ii.Common open space shall not abut a street that is classified as acollector
or higher order street.
Commented \[MH5\]:
These are new requirements
intended to provide functional common open spaces.
d.Slope. Commonopen spacedesigned for active human use such as lawn and
picnic areasshall be located on slopes less than fivepercent, except for areas
regulated by the Building Code (e.g., walkways) and natural areas.
Commented \[MH6\]:
These are new requirements
intended to provide functional common open spaces. Slope
e.Surfacing.Areas covered by shrubs, bark mulch, and other ground covers that
was raised at the previous March 26 review by the Planning
do not provide suitable surface for human use may not be counted towards
Commission.
this requirement.
Commented \[MH7\]:
Moved from 2 above.
f.Fences and Walls.Fences, walls, hedges and screen planting that are located
on the perimeter of common open space shall not exceed four feet in height
and shall be located and constructed in accordance with section 18.4.4.060.
Commented \[MH8\]:
In the past, required as a condition
on developments/subdivisions.
g.Play Areas.Play areas for children are required for projects including 20 or
more units that are designed to include families. Play areasare eligible for
common open space.
Commented \[MH9\]:
Moved from 4 above.
h.Credit for Proximity to a Park.A credit of up to 50 percent for common open
space may be granted when the development is located within one-quarter
mile walking distanceof a public park.
Commented \[MH10\]:
The issue of whether common
open space is necessary if public parks are available was
3.Private Open Space.Open spaceprovided for private use of individual dwelling
discussed by the Planning Commission at the March 26
unitsshall conform to the following standards.
study session.
a.Decks, patios, porches, yardsand similar areas are eligible for private open
space.
i.Private outdoor space shall be directly accessible by a door from the
interior of the individual dwelling unit served by the space.
ii.The minimum area required for private open space shall not include area
for ingress and egress to a ground-floordwelling unit(e.g., walkwayto
dwelling unit door) or storage space(storageor bicycle rack).
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b.Ground-Floor Dwelling Units. Ground-floor dwelling units shall have decks,
patios, porches or yards at least sixfeet deep and measuring at least 48
square feet.Ground-floor dwelling unit means the unit entrance (front or rear)
is within five feet of the finished grade.Ground-floor private open space shall
not be located within 12 feet of recycling and refuse disposal areas.
c.Upper-Floor Dwelling Units.Include balconies at least four feet deep and
measuring at least 48 square feet.Upper-floor dwelling unit means the unit
entrance (front or rear) is more than five feet above the finished grade.
Commented \[MH11\]:
These are new requirements. This
suggestion to include sizes for private open spaces was
discussed by the Planning Commission at the March 26
SECTION 2.
Section 18.3.9.050\[Performance Standards Option and PSO Overlay–study session.
Performance Standards for Residential Developments\] of the Ashland Land Use Ordinance is
hereby amended as follows:
18.3.9.050Performance Standards for Residential Developments
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 of dwelling units
by the acreage of the project, including land dedicated to the public. Fractional portions of
the final answer, after bonus point calculations, shall not apply towards the total density.
Accessory residential units are not required to meet the density requirements of this chapter
in accordance with section 18.2.3.040.
1.The base density, for purposes of determining density bonuses allowed under this
section, for developments other than cottage housing, is as provided in Table
18.3.9.050.
Table 18.3.9.050.A.1 Base Densities for Determining Allowable
Density Bonus with Performance Standards Option
ZoneAllowable Density
(dwelling units per acre)
WR-20.30 du/acre
WR-2.50.24 du/acre
WR-50.12 du/acre
WR-100.06 du/acre
WR-200.03 du/acre
RR-10.60 du/acre
RR-.51.2 du/acre
R-1-102.40 du/acre
R-1-7.53.60 du/acre
R-1-54.50 du/acre
R-1-3.57.2 du/acre
R-213.5 du/acre
R-320 du/acre
2.Cottage Housing. The base density for cottage housing developments,for purposes of
determining density bonuses, allowed under this section is as provided in Table
18.3.9.050.A.2.
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Table 18.3.9.050.A.2 Base Densities for Determining Allowable Density Bonus with Performance Standards
Option
Minimum
Maximum
number of Minimum lot size
Maximum number of Maximum
cottages per (accommodates
ZonesCottage
cottages per Floor Area
cottage minimum number
Densitycottage housing
Ratio (FAR)
housing of cottages)
development
development
1 cottage
R-1-5,
dwelling unit per
NN-1-53127,500 sq.ft.0.35
2,500 square
NM-R-5
feet of lot area
1 cottage
R-1-7.5dwelling unit per
31211,250 sq.ft.0.35
NM-R-1-7.53,750 square
feet of lot area
3.Common Open Space Required.All developments with a base density of ten units
or greater shall be required to provide a minimum of five percent of the total lot
area in Open Space; that area is not subject to bonus point calculations,however,
density bonuses shall be awarded to open space in excess of the five percent
required by this subsection.
Commented \[MH12\]:
Moved to bonus point section
below.
a.Required Area.All developments with a base density of ten units or greater
shall be required to provide a minimum of five percent of the total lot area in
common open space, except as required in 18.3.9.A.3.a.i, below.
i.Multifamily and Attached Single-Family Housing.Housing developments
subject to Site DesignReviewin accordance with subsection 18.5.2.020.B
and exercising the Performance Standards Option under this chaptershall
provide a minimum of eight percent of total lot areain open space in
accordance with and meeting the standards in subsection 18.4.2.030.H
Open Space.
Commented \[MH13\]:
This requires housing
developments subject to Site Design Review and including
ii.All areas set aside for common open space shall be counted forbase
10 or more units to provide 8% open space rather than 5%.
density. The required open space is not subject to bonus point
The open space is then required to meet the open space
standards in 18.4.2.030.H above.
calculations.
Commented \[MH14\]:
Moved up from 2.b.a below.
ii.Natural Areas. Common open space may include areas that provide for the
preservation or enhancement of natural features such as wetlands,
floodplain corridors, ponds, large trees and rock outcroppings.
Commented \[MH15\]:
Natural areas are required by the
Outline Plan approval criteria in 18.3.9.040.A.3.c to be
iii.Ownership.The common open space shall be designatedon the Outline
preserved in open space, common or unbuildable area.
and Final Plan submittalsand permanently set aside as common area for
the use of residents of the development.
Commented \[MH16\]:
Moved up from the definition of
open space.
iv.Timing and Phasing. Common open space shall be constructed and
landscaped, or secured with afinancial instrument,prior to occupancy of
the first dwelling unit. Phased developments shall meet the requirements of
subsection 18.3.9.040.A.4.
b.Dimensional Standards.Common open space shall have no dimension that is
less than 20 feetand a minimum area of 400 square feet, except as outlined
Commented \[MH17\]:
This is a new requirement
below.
intended to provide a functional common open spaces.
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i.Pedestrian Connections.Pedestrianand multi-use paths shall contribute
toward meeting the required common open space areaafter the minimum
area required in subsection 18.3.9.050.A.3.b, above, is met.
ii.Natural Features. Natural features located in common open space and
meeting the Outline Plan approval criteria in 18.3.9.040.3 shall be counted
toward meeting common open space requirements.
B.Density Bonus Point Calculations.The permitted base density shall be increased by the
percentage gained through bonus points. In no case shall the density exceed that allowed
under the Comprehensive Plan. The maximum density bonus permitted shall be 60 percent
(base density x 1.6), pursuant to the following criteria.
1.Conservation Housing.A maximum 15 percent bonus is allowed. One-hundred percent
of the homes or residential units approved for development, after bonus point
calculations, shall meet the minimum requirements for certification as a Earth Advantage
home, as approved by the Ashland Conservation Division under the City’ s Earth
Advantage program as adopted by resolution 2006-06.
2.Provision of Common Open Space.A maximum ten percent bonus is allowed, pursuant
to the following.
a.Purpose.Common open spaces may be provided in the form of natural areas,
wetlands, playgrounds, active or passive recreational areas, and similar areas in
common ownership. All areas set aside for common open space may be
counted for base density, unless otherwise excluded by subsection
18.3.9.050.A.2.However, for the purposes of awarding density bonus points, the
Commented \[MH18\]:
Moved up to 3.a.ii.
Planning Commission shall consider whether or not the common open space is a
significant amenity to project residents, and whether project residents will realistically
interact with the common open space on a day-to-day basis. The purpose of the
density bonus for common open space is to permit areas, which could otherwise be
developed, or sold as individual lots, to be retained in their natural state or to be
developedas a recreational amenity. It is not the purpose of this provision to permit
density bonuses for incidental open spaces that have no realistic use by project
residents on a day-to-day basis. Open space provided in cottage housing
developments, meeting the standards of section 18.2.3.090 Cottage Housing, is
not eligible for density bonus points.
Commented \[MH19\]:
Moved below to b.i.
b.Standard.Developments with fewer than ten units that provide more than two
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 percent
bonus shall be awarded for each one percent of the total project area in common
open space, except as specified below.
i.Cottage Housing.Common open space provided in cottage housing
developments, meeting the standards of section 18.2.3.090 Cottage
Housing, is not eligible for density bonus points.
ii.Multifamily and Attached Single-Family Housing.Housing developments
subject to Site DesignReviewin accordance with subsection 18.5.2.020.B
and exercising the Performance Standards Development optionshall
5
receive density bonus pointsunder this section for common open space
area in excess of the required eight percent of total lot areain accordance
with the standards in subsection 18.4.2.030.H Open Space.
Commented \[MH20\]:
For attached single-family housing
projects that require Site Design Review, allows density
3.Provision of Major Recreational Facilities.A maximum ten percent bonus is allowed,
bonus for open space after required 8% of open space is
pursuant to the following.
met, rather than 5%.
a.Purpose.Points may be awarded for the provision of major recreational facilities
such as tennis courts, swimming pools, playgrounds, or similar facilities.See
definition of major recreational facilities in part 18.6.
Commented \[MH21\]:
Created definition of major
recreational facilities based on feedback from March 26
b.Standard.For each percent of total project cost devoted to recreational facilities, a
Planning Commission meeting.
six percent density bonus may be awarded up to a maximum of ten percent bonus.
Total project cost shall be defined as the estimated sale price or value of each
residential unit times the total number of units in the project. Estimated value shall
include the total market value for the structure and land. A qualified architect or
engineer shall prepare the cost of the recreational facility using current costs of
recreational facilities.
ci.Cottage Housing. Major recreational facilities provided in cottage housing
developments, meeting the standards of section 18.2.3.090 Cottage Housing, are
not eligible for density bonus points.
c.Major recreationalfacilities may be located in the minimum area required for
common open space in subsection 18.3.9.050.A.3, above.
Commented \[MH22\]:
Clarifies that major facilities can be
located on the required open space area and don’t require
4.Affordable Housing.A maximum bonus of 35 percent is allowed. Developments shall
additional area beyond the 5 or 8% open space that is
receive a density bonus of two units for each affordable housing unit provided.
required.
Affordable housing bonus shall be for residential units that are guaranteed affordable in
accordance with the standards of section 18.2.5.050Affordable Housing Standards.
SECTION3.
Section18.6.1.030\[Definitions–Definitions\] of the Ashland Land Use Ordinance
is hereby amended to read as follows:
Buildable Area.That portion of an existing or proposed lot that can be built upon.
Commented \[MH23\]:
This definition was inadvertently
deleted in the 2015 update.
Common Area.Land jointly owned by an association of owners or permanently designated
for the use of residentsof a multifamily developmenttothat includesshared site
facilities and amenities such as open space, landscaping, streets, driveways, parking,
loading areasor recreation, recycling and refuse disposal areas,and storage
structures(e. g., may be managed by a homeowners' association).
Major Recreational Facilities.Those recreational facilities typically associated with a
developed public park such as community gardens; gatheringspacessuch as
gazebos, picnic and barbecue areas; play structures; and recreational facilities such
as sport courts and swimming pools.
Commented \[MH24\]:
Added based on feedback from
March 26 Planning Commission meeting.
6
Open Space.A common area designated on the final plans of the development,
permanently set aside for the common use of the residents of the development. Open
Commented \[MH25\]:
Moved up to standards in
18.3.9.050.A.3.a.ii.
space area is landscaped and/or left with a natural vegetation cover, and does not
include thoroughfares, parking areas, or improvements other than recreational
facilities. Any propertyor area of landor water set aside, designated or reserved for
public or private use specifically for the purpose of providing places for recreation,
conservation or other openspaces uses. Open space does not include thoroughfares,
parking areas or improvements other than recreational facilitiescommon areassuch
asdedicated to streets, driveways, parking, loading areas, recycling and refuse
disposal areas, and storage structures.
-
Open Space, Common.An area for the use or enjoyment of all residents of a
development (e.g., multifamily dwelling units) or subdivision. Common open
space may include areas that provide for the preservation or enhancement of
natural features such as wetlands, floodplain corridors, ponds, large trees and
rock outcroppings.
-
Open Space, Private.Areas intended for private outdoor use by residents of an
individual dwelling units. Private open space includes decks, patios, porches,
yardsand similar areas.
Commented \[MH26\]:
Added to distinguish between two
types of open space. Use of recreation area deleted based
on feedback from March 26 Planning Commission meeting.
Unbuildable Area.All areas outside of building envelopesand within open space.That
portion of an existing or proposed lot that building upon is restricted by regulations.
Unbuildable area includesbut isnot limited to required yards, easements, and Flood
Plain Corridor and Severe Constraints Lands as classified in section 18.3.10.060.
Commented \[MH27\]:
This definition was inadvertently
deleted in the 2015 update.
Yard.An openspace onoutdoor area of a lot which is unobstructed by a structure, except as
allowed in section 18.2.4.050 Yard Requirements and General Exceptions, and
Commented \[MH28\]:
Changes to respond to feedback
from March 26 Planning Commission meeting.
measured from a lot line to the nearest point of a building. May also be an area defined by
required setbacks (e.g.,between a building or structure and nearest property line).
-
Yard, Front.A yard between side lot lines and measured horizontally at right angles to
the front lot line from the front lot line to the nearest point of the building.
-
Yard, Side.Anopen spaceyardbetween the front and rear yards measured
horizontally and at right angles from the side lot line to the nearest point of the building.
-
Yard, Rear.A yard between side lot lines and measured horizontally at right angles to
the rear yard line from the rear yard line to the nearest point of the building.
SECTION 4. Savings
.Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
7
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Severability
. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections,paragraphs and clauses.
SECTION 6. Codification
. Provisions of this Ordinance shall be incorporated in the City Code
and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 1-14) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____day of ______________, 2019,
and duly PASSED and ADOPTED this _____ day of ________________, 2019.
_______________________________
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day of , 2019.
________________________
John Stromberg, Mayor
Reviewed as to form:
_______________________________
David H. Lohman, City Attorney
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