HomeMy WebLinkAbout3249 Climate Friendly Area Adoption - Repeal Chapter 18.3.14 Transit Triangle Overlay and Replacing it with Climate Friendly OverlayORDINANCE NO.3249
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
TO REPEAL CHAPTER 18.3.14 TRANSIT TRIANGLE OVERLAY AND
REPLACING IT WITH A NEW CHAPTER 18.3.14 CLIMATE FRIENDLY
OVERLAY.
(Climate Friendly Area Adoption: Planning Action #PA-T3-2024-00013)
Annotated to show deletions -and additions to the code sections being modified.
Deletions are bold and additions are bold underlined.
WHEREAS, the Climate -Friendly and Equitable Communities rules adopted by the
Land Conservation and Development Commission in July of 2022 require that cities
within Oregon's eight Metropolitan Planning Organizations shall identify and re -zone
Climate Friendly Areas capable of accommodating 30 percent of each city's future
population in pedestrian -friendly, mixed -use areas; and
WHEREAS, Ashland Municipal Code (AMC) 18.5.9.020.B permits legislative
amendments to meet changes in circumstances and conditions. The City Council finds
it is necessary to amend the Zoning Map and Land Use Ordinance to adopt two
Climate Friendly Areas (CFAs) consistent with statewide requirements including
development regulations for those areas that support mixed -use, walkable development
consistent with statewide CFA requirements that align with the City's own long-range
planning goals adopted in the Comprehensive Plan; and
WHEREAS, the Railroad Property Climate Friendly Area includes 57 acres in the
center of the city, just a few blocks north of downtown. The site is zoned Employment
(E-1) and has been planned for pedestrian -focused mixed -use development dating back
to the 2001 master plan for the site. The application of a new CF Overlay provides an
opportunity to update and expand the mixed -use development opportunities for the full
site; and
WHEREAS, the Transit Triangle Climate Friendly Area includes 120.35 acres along
the major transit corridors on Siskiyou Boulevard and Ashland Street in areas zoned a
mix of Commercial (C-1), Employment (E-1) and a small amount of Residential Low
Density Multiple Family (R-2) within the existing Transit Triangle (TT) Overlay,
which currently offers optional mixed -use provisions beyond the base zone standards
to facilitate a mix of housing types and businesses in an environment that is friendly to
walking, biking, and using transit; and
WHEREAS, the City's population exceeds 10,000 and is subject to the Oregon
Administrative Rules (OAR) section 660-012-0315(2) which requires that Climate
Friendly Areas be designated to accommodate at least 30 percent of the City's future
ORDINANCE NO. 3249 Page 1 of 4
housing units, which has been determined to be 3,469 units. Per the methodology
established in OAR 660-012-0315(2), the proposed Railroad Property CFA has been
shown to have capacity to accommodate 2,226 housing units and the proposed Transit
Triangle CFA has been shown to have capacity to accommodate 5,349 housing units,
for a total capacity of 7,575 housing units, well over the required 30 percent of total
housing units or 3,469 units determined for Ashland; and
WHEREAS, the purpose of the new Climate Friendly (CF) Overlay is to encourage
development and redevelopment within vibrant, walkable mixed -use centers supported
by a variety of transportation options. Proposed residential uses include multi -family
in mixed -use and stand-alone configurations, and townhouses, and non-residential uses
include retail sales and services, restaurants, offices, and public uses. Greater
concentrations of housing and businesses are mutually supporting, expanding housing
opportunities and providing a better environment for local business development and
expansion to help residents meet their daily needs within a walkable setting.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant or
allow municipalities; as fully as though this Charter specifically enumerated each of
those powers, as well as all powers not inconsistent with the foregoing; and, in
addition thereto, shall possess all powers hereinafter specifically granted. All the
authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. CiW
of Beaverton v. International Assn of Firefighters Local 1660 Beaverton Shop 20 Or.
App. 293; 531 P 2d no, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the amendment of
the City of Ashland Zoning Map to identify two new Climate Friendly (CF) Overlay
zones; of the Site Design Zones Map to include the entirety of the two new Climate
Friendly (CF) Overlay zones within the Detail Site Review Overlay Zone; of the
Ashland Municipal Code and Land Use Ordinances to include a new Chapter 18.3.14
Climate Friendly Overlay; and of Chapters 18.2.1, 18.2.2, 18.2.3.130, 18.2.6, 18.3.12,
18.3.13 and 18.4.2.040.0 of the Ashland Municipal Code and Land Use Ordinance to
align with new Climate Friendly Area regulations and ensure implementation of
applicable development standards, at a duly advertised public hearing on April 29,
2025, following deliberations, recommended approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised
public hearing on the above -referenced amendments on May 6, 2025; and
WHEREAS, the City Council of the City of Ashland, following the close of the public
hearing and record, deliberated and conducted first and second readings approving
adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter;
and.
ORDINANCE NO.3249 Page 2 of 4
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in
manner proposed, that an adequate factual base exists for the amendments, the
amendments are consistent with the comprehensive plan, that the proposed zoning map
and land use code amendments are consistent with City of Ashland approval criteria
for land use ordinance and zoning map amendments as set forth in AMC 18.5.9.020.B
and are consistent with the City of Ashland Comprehensive Plan, with other City
policies, and with the Oregon Statewide Planning Goals and OAR 660-012-0310
through -0330, and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by
this reference.
SECTION 2. The existing Chapter 18.3.14 Transit Triangle Overlay is hereby repealed
in its entirety.
SECTION 3. A new Chapter 18.3.14 of the Ashland Municipal Code creating a new
overlay zone [Climate Friendly Areas] set forth in full codified form on the attached
Exhibit A and made part hereof by this reference, is hereby added to the Ashland
Municipal Code.
SECTION 4. 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 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re -lettered,
provided however that any Whereas clauses and boilerplate provisions, and text
descriptions of amendments (i.e., Section 3) need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first reading by title only in accordance with Article X, Section
2(C) of the City Charter on the _ day of KY , M , 2025, and duly
PASSED and ADOPTED this k� day of j (AA , 2025.
ATTEST:
A Ou,4a � -A AlL,,-1
Alissa Kolodzinski, City Recorder
ORDINANCE NO. 3249 Page 3 of 4
SIGNED and APPROVED this day of a (M-0 , , 2025.
�r� A-L,
Tonya Graham, Mayor
Reviewed as to form:
ORDINANCE NO. 3249
Page 4 of 4
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 1 of 10
Sections:
18.3.14.010
18.3.14.020
18.3.14.030
18.3.14.040
18.3.14.050
18.3.14.060
18.3.14.010
Ordinance #3249 Exhibit A
Chapter 18.3.14
CLIMATE FRIENDLY OVERLAY
Purpose.
Applicability.
General Requirements.
Allowed Uses.
Dimensional Standards.
Site Development and Design Standards.
Purpose
The Climate Friendly (CF) overlay is intended to promote the development of a mix of housing,
commercial and employment opportunities within a well -designed and connected pedestrian
environment. Areas within the CF overlay are intended to be served by high -quality pedestrian,
bicycle, and transit infrastructure and services.
18.3.14.020 Applicability
A. Climate Friendly (CF) Overlay Designation. This chapter applies to properties designated
as Climate Friendly (CF) overlay on the Zoning Map.
B. Governing Standards. Notwithstanding the provision of chapter 18.2.2, Base Zones,
additional use restrictions and land use standards apply within the CF overlay. Where the
provisions of this chapter conflict with comparable standards described in any other ordinance,
resolution or regulation, the provisions of the CF overlay shall govern.
C. Exceptions and Variances. Requests to depart from the requirements of this chapter are
subject to chapter 18.5.5, Variances, except that deviations from the standards in section
18.3.14.060 are subject to subsection 18.5.2.050.E, Exception to the Site Development and
Design Standards.
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay Page 2 of 10
Exhibit 18.3.14.020.A.1 Railroad Area Climate Friendly Area (CFA)
t
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 3 of 10
Figure 18.3.14.020. Climate Friendly (CF) Overlay
18.3.14.030 General Requirements
A. Site Development and Design Standards. New development is subject to Site Design
Review under chapter 18.5.2, and must comply with the applicable site development and design
standards.
18.3.14.040 Allowed Uses
A. Uses Allowed in CF Overlay. Allowed uses are determined by the base zone and in
accordance with section 18.2.2.030, except as provided for in this chapter. Notwithstanding the
provisions of chapter 18.2.2, Base Zones and Allowed Uses, this section includes additional
allowed uses, use restrictions and prohibited uses within the CF overlay.
B. 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.
Table 18.3.14.040. Climate Friendly (CF) Overlay Uses Allowed by Base Zone'
Base Zones
R-2
C-1
E-1
Special Use
Standards
A. Residential
Single -Family Dwelling
S
S
S
Sec. 18.3.14.040.C.1
Duplex
N
N
N
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay Page 4 of 10
Base Zones
R-2
C-1
E-1
Special Use
Standards
Multifamily Dwelling
S
S
S
Sec. 18.3.14.040.C.2
B. Public and Institutional Uses
Child Care Facility
P
P
P
Family Child Care
Home exempt from
planning
application
procedure
pursuant to ORS
329A.440, see part
18.6 for definition
Subject to State
licensing
requirements
Governmental Offices and
P
P
P
Emergency Services (e.g.,
Police, Fire); excluding Outdoor
Storage
Park, Open Space, and
P
P
P
Recreational Facility, including
playgrounds, trails, nature
preserves, athletic fields,
courts, swim pools, and similar
uses
Recycling Depot
N
N
N
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 5 of 10
Base Zones
R-2 C-1 E-1 Special Use
Standards
School, Private (Kindergarten P P P
and up)
School, Public (Kindergarten P P P
and up)
C. Commercial
Office
P
P
P
Restaurants
P
P
P
Retail Sales and Services,
P
P
P
except Outdoor Sales and
Services
Self -Service Storage,
N
N
N
Commercial (Mini -Warehouse)
D. Industrial and Employment Uses
Wholesale Storage and N N CU In E-1 zone,
Distribution, includes Marijuana marijuana
Wholesale wholesale is
subject to the
special use
standards in
Sec. 18.2.3.190
1 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit
Required; N = Not Allowed.
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 6 of 10
C. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in
Table 18.3.14.040, above, are allowed provided they conform to the requirements of this
section and the requirements of chapter 18.5.2, Site Design Review.
1. Single -Family Dwelling Uses. Attached (common wall) single-family dwellings (e.g.,
townhomes, condominiums, rowhouses) provided all of the following standards are met:
a. Access. Access must conform to the requirements of subsection 18.4.3.080.C.
b. Minimum Lot Frontage. Notwithstanding section 18.2.4.010, minimum lot frontage
shall be 20 feet provided dwellings have access by an alley.
2. Multifamily Dwelling Uses. Multifamily dwelling uses provided all of the following
standards are met:
a. One Building. When a planning application is limited to one building, residential
uses may occupy up to 65 percent of the gross floor area of the ground floor. At least
35 percent of the gross floor area of the ground floor shall be designated for permitted
uses and uses permitted with special use standards, not including residential uses.
b. More Than One Building. When a planning application includes more than one
building, the equivalent of at least 35 percent of the gross floor area of the ground
floor for all buildings shall be designated for permitted uses and uses permitted with
special use standards, not including residential uses.
c. Affordable Housing Exception. The limitations in this subsection on ground -floor
residential uses do not apply to multifamily dwellings meeting the standards for
affordable housing in section 18.2.5.050.
d. Commercial -Ready Exception. The limitations in this subsection on ground -floor
residential uses do not apply to buildings developed with commercial -ready space on
the ground floor complying with the following:
i. The entire ground floor space must be constructed to accommodate
nonresidential uses.
ii. If residential uses are provided immediately above the ground floor level (i.e.,
second floor residential), horizontal occupancy separation must be provided to
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 7 of 10
accommodate future commercial occupancies as required by the Oregon
Structure Specialty Code at the time of construction.
iii. The ground floor must have an interior height of not less than 12 feet
measured from the entry level finished floor to the bottom of the structural
members of the floor above.
18.3.14.050 Dimensional Standards
Notwithstanding the provisions of chapter 18.2.5, Standards for Residential Zones, and chapter
18.2.6, Standards for Non -Residential Zones, Table 18.3.14.050 includes the dimensional
standards within the CF overlay.
The dimensions shall conform to the standards in Table 18.3.14.050.
Table 18.3.14.050. Climate Friendly Overlay Dimensional Standards
Base Zones
R-2
C-1
E-1
Residential Density (dwelling
units/acre)
Minimum'
15 du/ac
25 du/ac
20 du/ac
Maximum
None
' Mixed -use buildings are exempt from the minimum density if it has a FAR of 2.0 or greater.
Redevelopment within existing buildings that adds residential units, but does not add new units
outside the existing building, is exempt from the minimum density.
Floor Area Ratio (FAR)2
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
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Base Zones
R-2
C-1
E-1
Minimum
5
.5
.5
-Flazas and pedestrian areas shall count as floor area for the purposes of meeting the
minimum FAR. Plazas and pedestrian areas may also be applied toward meeting the
andscaping area requirements but shall not constitute more than 50% of the required area.
of Area, Width, Depth and here is no minimum lot area, width or depth, or maximum lot
overage overage, provided the minimum landscape area is provided.
ards, Minimum (feet) 3
- Front There is no minimum front, side, or rear yard required, except
where buildings on the subject site abut a residential zone
- Side outside of the CF overlay, in which case a side or rear yard of
not less than 15 ft is required.
- Rear
See building step -back requirement in subsection 18.3.14.060.B
Building Separation, On I NA
Same Site - Minimum
uilding Height4.5
Maximum Height - 0/4 I
50/4 I
50/4
feet/stories
Maximum Height with 0/5 I
60/5 I
60/5
Bonus6
Solar Setback Except for buildings within 100 feet of a residential zone outside
of the CF overlay, the solar setback standards of
chapter 18.4.8 do not apply.
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 9 of 10
Base Zones
R-2
C-1
E-1
'See definition of "height of building' in section 18.6.1.030.
5Parapets may be erected up to five feet above the maximum building
height; see also, subsection 18.4.4.030.G.4 for mechanical equipment
screening requirements, and section 18.5.2.020 for site design review
for mechanical equipment review process.
6Multifamily and mixed use dwellings meeting the standards for 25%
affordable housing in section 18.2.5.050 are eligible for bonus height.
Applicants may alternatively pursue height bonuses per ORS 197A.445.
Landscape Area - Minimum
15%
15%
15%
(% of developed lot area)
Open Space - Minimum (%
NA
of site area)
18.3.14.060 Site Development and Design Standards
New development is subject to site design review under chapter 18.5.2, and must comply with
site development and design standards in part 18.4 and this section.
A. Block Lengths. Block length within the CF overlay shall comply with subsection
18.4.6.040.E.9.a, however, a maximum block length of 350 feet shall apply to development sites
of 5.5 acres or more. Exceptions may be permitted subject to subsection 18.4.6.040.E.9.
B. Building Mass. Building facades within 25 feet of a residential zone outside of the CF
overlay shall Incorporate a step -back of ten feet for that portion of a building which is over 25
feet or two stories in height, whichever is greater. The building step -back requirement does not
apply to parapets. See Figure 18.3.14.060.B.1. This standard applies along the perimeter of the
development and shall not apply between buildings or lots within a development. See
Ordinance #3249 Exhibit A I June 3, 2025
Chapter 18.3.14 AMC, Climate Friendly Overlay
Page 10 of 10
minimum side or rear yard requirement for buildings abutting a residential zone in table
18.3.14.050.
25 feet of a residenti
zone
• • ! r • • • !� • • � !�� e•• :ili w•i !� !� i is i i i�l��!••! i
ri�a• �i i •wi i : w ii ►•i • ::
y.•.•e : i•.ae�vl.r.•9lkaa is e•dils er!a 4
Figure 18.3.14.060.B.1.
Ordinance #3249 Exhibit A I June 3, 2025