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Home My WebLink AboutMinimum Densities CITY OF ASHLAND ASHLAND PLANNING COMMISSION (CONTINUED HEARINGS FROM OCTOBER 12, 2004 REGULAR MEETING) MINUTES OCTOBER 26, 2004 I. CALL TO ORDER Chair Russ Chapman called the Ashland Planning Commission meeting to order at 7:05 p.m. on October 26,2004 in the Civic Center Council Chambers, 1175 East Main Street, Ashland, Oregon. COMMISSIONERS PRESENT: ABSENT MEMBERS: COUNCIL LIAISON: HIGH SCHOOL LIAISON: SOU L1ASON: STAFF PRESENT: Russ Chapman, Chair Mike Morris Dave Dotterrer John Fields Marilyn Briggs Allen Douma Olens Black Michael Dawkins Kerry KenCairn Alex Amarotico, present None None John McLaughlin, Planning Director Bill Molnar, Senior Planner Maria Harris, Associate Planner Brandon Goldman, Housing Specialist Sue Yates, Executive Secretary II. APPROVAL OF FINDINGS MorrisIDouma mls to approve the Findings for PA2004-11O, 150 Church Street, Robert M. Saladoff. Voice Vote: Unanimous. III. TYPE III PLUBLlC HEARING PLANNING ACTION 2004-121 REQUEST FOR AN ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF MINIMUM DENSITY REQUIREMENTS IN R.2 (LOW DENSITY MUL TI.FAMIL Y) AND R-3 (HIGH DENSITY MUL TI.FAMIL Y) ZONING DISTRICTS. APPLICANT: CITY OF ASHLAND STAFF REPORT Goldman handed out the latest modification to the R-2 and R-3 ordinances containing less ambiguous language. He explained the background leading to these ordinance changes as outlined in the Staff Report. The Housing Needs Analysis clearly demonstrates there is a need for multi-family housing units and Staff believes this ordinance would encourage that type of development. The ordinance amendment would require the lots develop at 80 percent of the base density that is already established for the zones. For the most part, the planned densities have been accomplished. The ordinance is an effort to establish minimum densities before any market forces change, encouraging single family home development even further. Anticipated Outcomes: Thirty-two properties have been identified as developable that meet the parameters of this ordinance. The development potential is 154 units or eighty percent (124 units) that could potentially be developed on these properties over time. Without minimum densities, though not likely, as few as 32 units could be added to the properties. Therefore with the ordinance changes, the number of multi-family residential development would increase over time. The Housing Commission has reviewed the ordinance changes and has forwarded a recommendation that the minimum densities within the R-2 and R-3 zones be established to allow for development at the intended densities. There was a concern from the Housing Commission regarding the provision exempting areas of the lot that already have a conditional use permit on them. By allowing a reduction in the number of housing units for existing conditional uses or future conditional uses, it could inadvertently lead to a situation where housing is not prioritized for those multi-family zones. Staff believes this concern is best addressed in evaluating new conditional use permits. 41 The Commission discussed, In particular, 2.c. Lots with authorized conditional uses may exempt that portion of the property that is subject to the conditional use for calculations of the minimum base density standard. They suggested new wording as follows: Lots with existing or proposed conditional uses may be exempt for that portion of the property that Is subject to the conditional use for calculations of the minimum base density standard. PUBLIC HEARING BARBARA VASQUEZ, 885 Palmer Road, thought a housing type analysis should be done for Ashland. She cautions against making changes to the ordinance without having fundamental questions answered. There are current projects, annexations, and another 70 acre zone change coming up that will help meet the additional housing needs through existing affordable requirements. Ashland currently has 94 accessory residential units for rentals in R -I zones. Through the planning process, the affordable housing stock is increasing. Pending Council review and award to the Rogue Valley Community Development Corporation are Community Development Block Grant (CDGB) funds to acquire property for six affordable townhomes in Ashland. The City will seek a developer to build ten affordable units on a City owned parking lot downtown. Ashland Community Land Trust (ACLT) is working with developers to provide 25 percent affordable units within private projects, as well as looking for donated land or acquiring land at a reduced cost. There are already 232 low income families living in Ashland receiving government assistance. SOU will be constructing 96 apartment dorms that will create vacancies in town. She supports affordable housing but not everyone can live here nor has a desire to live here. Participate in providing housing where the land can be purchased through existing mechanisms and affordable housing can be provided for sale or rent without requiring a private property owner to meet the goals enforced by the City Council. The City can issue a bond for affordable housing as they have done for other city projects. COMMISSIONERS' DISCUSSION AND MOTION Chapman mentioned a letter from Neti Rest and an e-mail from Julia Woosnam in the packet. Goldman noted that the Housing Needs Analysis takes the place of a housing type analysis. With regard to the 96 SOU units, the units will not create vacancies just within the Ashland city limits. McLaughlin explained that the market will determine the rate of conswnption and rate of development. This ordinance looks at the efficient use ofland. There is a goal for affordability and maintaining the city's compact urban form and that land identified for R-2 and R-3 development is not inefficiently used. The impact for long term is that we don't have to be looking beyond our boundaries for additional land or extending services if we have to build beyond our boundaries. Some Commissioners questioned changing the rules for those property owners who purchased land before this ordinance is enacted and they were uncertain if there would be any impact with the changes proposed to the ordinances. McLaughlin responded that as growth pressures continue, a single family home is the desirable housing type. We are going to see land zoned multi-family used more and more for single family. It is the City's responsibility to amend ordinances to achieve what is best for the community in the long-term. Let's set the pattern now. Other Commissioners see the change as setting property aside for how it is already zoned. If more single family homes are built on multi-family zoned land, this will cause sprawl and extra expenses for the citizens. As lots get more expensive, there is more value in building a single family residence on a lot, not multi-family. Multi-family is a needed part of our housing stock. McLaughlin reminded the Commission we are defining density, not units. The Commissioners changed the wording of 2.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 added to the lot which bring the lot closer to conformance without coming all the way Into conformance, provided It Is demonstrated the minimum density will not be precluded. Briggs/Dawkins mls to accept the proposed land use amendments to PA2004-121 with the language changes to 2.c. and 2.g. as noted above (bold). Roll Call: Morris, Dawkins, Black, Chapman, Fields and Briggs voted "yes" and Douma and Dotterrer voted "no". ASHLAND PLANNING COMMISSION Con'~ H...nngs from October 12, 2004 MINUTES OCTOBER 26, 2004 2 Ad-, CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES AUGUST 25, 2004 1. CALL TO ORDER Chair Matt Small called the meeting to order at 4:05 p.m. at the Community Development and Engineering Services bnilding in the Siskiyou Room located at 51 Winburn Way, Ashland, OR 97502 Commissioners Present: Matt Small, Chair Amy Korth Don Macklin Liz Peck Carol Voisin Alice Hardesty Faye Weisler Kim Miller (arrived at 5:00 p.m.) None Kate Jackson, present Ryan Heihu, absent Brandon Goldman, Housing Specialist Sue Yates, Executive Secretary Absent Members: Council Liaison: SOU Liaison: Staff Present: 2. APPROVAL OF THE MINUTES - Voisin noted a correction on page 2, second bullet, second paragraph, last sentence omit the word "are." VoisinlMackin m/s to approve the Minutes of the July 28, 2004 Housing Commission meeting. 3. PUBLIC FORUM - No one came forth to speak. PROJECT UPDATES . LImitation of for-purchase houslnQ In Mult~Famllv zones (Staff) - It was decided to treat the proposal for Minimum Densities and the Limitation of for-purchase housing independently for the sake of clarity. Limitation of for-purchase housing will return to the Housing Commission after further research as requested at the Planning/Housing Commission Joint Study Session in July. . CDBG RFP (Staff) - Last month the Housing Commission chose Option 3 (to immediately issue a RFP for the 2004 re-program funds and a new RFP for the 2005 program year). The Council will review the decision on September 7, 2004. The RFP has been sent out and the 30 day return is September 7th. The Council will see how many proposals are received as they make a decision whether or not to issue the Request for Proposal. The Housing Commission will later evaluate the proposals. Jennifer Henderson, President of Ashland Community Land Trust (ACL T), said she is frustrated because ACLT could do a better job of submitting a proposal if they had more time and if they knew the proposal on September 7th would be awarded to somebody. Goldman said with Option 3 to do two RFP's, time became a sensitive issue. Weisler made a recommendation that in the future to allow a longer period of time to respond to a RFP. . City Bond ProDOsal Philip Lang, 758 B Street, followed up from his last month's proposal to sell bonds to gain affordable housing. He submitted a letter dated August 25, 2004 reviewing the cost/income figures and giving another hypothetical. Small suggested forming a quick ad hoc committee to take a look at Lang's proposal and come back next month with a report to the Commission. He invited Lang to attend the committee's meetings. Mackin, Weisler, Voisin and Small volunteered for the ad hoc committee. Jackson reminded the Commission they need to keep asking Staff if the Commission is asking for too many things all at once. BI -,-- 3. PUBLIC FORUM Cate Hartzell asked the Housing Commission to look at the following: 1. Tax credits. 2. Periodic training at Commission meetings - invite speakers 3. Housing report card (forum idea) 4. Take today's trends and grown out 10 years (forum idea) 5. National League of Cities has a website: nlc.org. On the website is "American Dream". The vice president ofNLC from Massachusetts is calling for towns on September 28 to call a Town Hall to talk about housing. The biggest component is about wealth and what is happening in towns across the country. 6. Explained her vote against the RFP last week. She is still supportive of affordable housing. She believes there are still things to talk about such as housing downtown and housing over parking lots. The Housing Action Plan contains the strategy to fund the Housing Trust Fund. She wanted to look as much as possible at assets that we have that would fit the best strategy. 4. OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS Jackson said with regard to a "living map" she would encourage Staff to do what they can with the GIS information they already have. She would like to see a map showing structures with zoning. Jackson said for discussion at a later meeting, should we consider looking at areas outside the City Limits but inside the Urban Growth Boundary (UGB) that are beginning to see development potential? The areas are not currently zoned to create multi- family housing. Goldman said it means looking at Comprehensive Plan Map changes. It is an Action Plan item. Small suggested the Land Use subcommittee could discuss it at their meetings. Mackin said because we aren't expanding the UGB, we have to do master planning. It is a priority. The message to the Planning Commission is to keep housing density in the forefront. Goldman said when it comes to changing the land use of a particular area, it has less to do with support from the Planning Department as it does with having compelling land need information for the types of housing and number of housing units provided. The data has to be there to support the decision. He will make an effort to gather information. Peck reiterated her desire to see a "living map." What steps can be taken to generate such a map? Goldman said to make such a map would be a substantial undertaking. 5. SUBCOMMITTEE REPORTS Finance - They discussed general housing issues in Ashland and gnidelines for what qualifies as an affordable housing unit. Goldman developed a schedule laying out in detail what steps are involved in creating the housing trust fund. Commission members requested a copy. Meeting time: Every month, second Monday of the month at 7:30 p.m. at 51 Winburn Way, Siskiyou Room. Education - They will not be having a community event on November 4th. They will meet once a month to develop a program for early spring. They will be meeting September 15th, October 20th, and November 17th. All meetings will be held at 4:30 p.m. in the Siskiyou Room, 51 Winburn Way. Before the end of year, they might schedule a time on Jeff Golden's radio show for some affordable housing education. Kim Miller arrived at 5:00 p.m. Land Use - They followed up on the joint study session of the Council and Housing Commission. They are trying to get as much land use orientation as possible. They will move the regular monthly meeting to the first Thursday of the month at noon in the Siskiyou Room, 51 Winburn Way. 6. NEW BUSINESS Ralph Coppersmith, Director of Acquisitions, Raymond James Tax Credit Funds, gave a presentation on tax credit funds (Section 42). PUBLIC HEARING- PROPOSED LAND USE ORDINANCE CHANGE Mininum Densities In Multi-Family Zones Goldman said the ordinance modifications are in the packet for the Commissioners' review in order to make a recommendation to the Planning Commission. The proposal is to require minimum densities in the R-2 and R-3 zones to be 80% of the base densities for those zones. Exceptions are included. 7. 132 Saved the PowerPoint Presentation under Planning Commission Minutes 2004\mindensity&for-purchase- check under All Files CITY OF ASHLAND ASHLAND PLANNING COMMISSION ASHLAND HOUSING COMMISSION JOINT STUDY SESSION JULY 27, 2004 MINUTES I. CALL TO ORDER Chair Russ Chapman called the Ashland Planning Commission and Ashland Housing Commission Joint Study Session to order at 7:05 p.m. on July 27,2004 in the Civic Center Council Chambers, 1175 East Main Street, Ashland, Oregon. PLANNING COMMISSIONERS PRESENT: ABSENT MEMBERS: COUNCIL LIAISON: HOUSING COMMISSIONERS PRESENT: ABSENT MEMBERS: SOU HOUSING L1ASON: STAFF PRESENT: COUNCIL MEMBERS PRESENT: Russ Chapman, Chair Mike Morris John Fields Marilyn Briggs Allen Douma Olena Black Michael Dawkins Dave Dotterrer Kerry KenCairn Alex Amarotico, present Matt Small Alice Hardesty Carol Voisin Amy Korth Liz Peck Don Mackin Faye Weisler Kim Miller Ryan Heihn, absent John McLaughlin, Planning Director Brandon Goldman, Housing Specialist Derek Severson, Assistant Planner Sue Yates, Executive Secretary Alan DeBoer, Mayor Cate Hartzell II. TOPIC: PROPOSED ORDINANCE CHANGES TO R.2 AND R.3 ZONES INCLUDING MINIMUM DENSITIES AND LIMITING FOR-PURCHASE HOUSING IN MUL Tl.FAMIL Y ZONES. McLaughlin said the initiatives for the ordinance changes came from the Housing Needs Analysis and the Housing Action Plan. It is a Council goal for this year. The changes will affect the land use process and how we will look at regulating development in multi-family zoned lands. Goldman gave a presentation using PowerPoint (attached to minutes) to explain the changes. Questions and issues arose from the discussion. Overall, both Commissions favored moving ahead with the changes. Staff will incorporate their ideas and concerns before returning a more refined version of the ordinance changes to the Housing Commission for public hearing and further review. DISCUSSION . T enn of affordability - more than 20 years? What are the lenders' requirements? CI . Housing Commission would like to look into rezoning undeveloped property to R-2 or R-3. Ifwe are going to have new land brought into the city limits that can't be developed as anything but affordable housing, would it freeze the value of what you can build affordable housing for? How will it play out? . If we do a lot of work, will we get affordable housing? . What are specific unintended consequences of an ordinance change? The other side - unintended consequences will occur. Move ahead. . There is pressure for high value condos in the C-I-D. That has been a surprise. . What have other cities experienced trying these types of changes? Find a mentor city. . Simplification, particularly in the minimum density piece. State the maximum end. . Should single family development be prohibited in R-2 and R-3? . Both plans (Action Plan and Needs Analysis) show we are not achieving the housing types we need. Should we have more R-3 land? . There are pressures of growth and the fact we are running out of land. What about affordable housing for two to three generations from now? . Incentives are not large enough to attract developers. . Can the City find money or funding? Can the City pay to bring the infrastructure to a site? . Is there a living map - a map that changes when anything happens - a map identifying parcels available for development and identifying zoning? . Need input from the developers. . Need more numbers and statistics - who are we targeting? Who are the people that are lower or middle income? . Quality of construction for affordable housing. . Can the City purchase land for affordable housing? . Look at policies that would encourage young families to live in AsWand. . Need more numbers for rental housing. What people are being served by rentals? How many rentals are there? . Study Hersey Street affordable housing projects - why did it work and what were the problems? . Make sure new members get appropriate documents (Needs Analysis and Action Plan). III. ADJOURNMENT - The meeting was adjourned at 9: 15 p.m. ASHLAND PLANNING COMMISSION ASHLAND HOUSING COMMISSION JOINT STUDY SESSION MINUTES JULY 27, 2004 2 C2 ASHLAND PLANNING DEPARTMENT STAFF REPORT October 12, 2004 PLANNING ACTION: 2004-121 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.24.040 (R-2) and 18.28.040 (R-3) REQUEST: Adoption of new Minimum Density provisions within the R-2 and R-3 multifll(ll.ily zones - Chapters 18.24.040 and 18.28.040 of the Ashland Land Use Ordinance I. Relevant Facts I) Background - History of Application: The City Council adopted an Affordable Housing Action Plan in 2002 that outlines a number of strategies to address Ashland's need for affordable housing. One such strategy was to implement Land Use regulations to limit or preclude the consumption of AsWand multifamily-zoned lands by single-family residential development. This recommendation was derived in response to the trend that much of Ashland's R-2 and R-3 zones have been developed as single family for- purchase housing, and very few apartments have been developed in recent years. The Housing Needs Analysis adopted by the City Council in May 2002 substantiates that AsWand needs more multi-family rental housing. Minimum densities are one land use tool employed to require residential development is designed and built at the densities intended for the respective zone. Although the establishment of minimum density requirements will not alone create "affordable housing" units, it is one mechanism aimed to encourage the development of multifamily housing. The Housing Commission and Planning Commission held a joint study session on July 27,2004 to discuss land use changes intended to ensure the efficient development of multi-family zoned lands (R-2 and R-3). Staff presented Minimum Density standards as one such Land Use strategy during this study sessIOn. The Housing Commission held a public hearing on August 25th. 2004, to receive public input regarding the proposed establishment of minimum densities for multi family zoned properties. Planning Application 2004-121 Applicant: City of AsWand AsWand Planning Department - Staff Report October 12, 2004 Page 1 DI Notice, including the proposed ordinance changes, was mailed to effected property owners noting the Planning Commission was to conduct a Public Hearing at their regular meeting on October 12th, 2004, followed by a Public Hearing before the City Council scheduled for November 2nd, 7:00pm, in the City Council Chambers. As of the date of this staff report, the Planning Department has received no written comments regarding the proposed ordinance amendments. 2) Detailed Description of the Site and Proposal: Properties effected by the proposed ordinance changes include all R-2 and R-3 zoned properties that are outside of AsWand's Historic Districts, and are over 10,000sq.ft. in size. The minimum density requirements would also apply to any property that in the future is re-zoned to a multifamily zone, and/or re-developed properties within existing R-2 and R-3 zoned lands. The ordinance amendments to both the R-2, Low Density Multifamily Residential District, and R-3 High Density Multifamily Residential Districts are attached. The proposed changes to the general regulations establish a minimum density of 80% the base density for each ofthese zoning designations. Exceptions to the minimum density standards are also proposed in consideration of unique site conditions would be problematic if minimum densities were strictly applied. Namely, R-2 and R-3 zoned properties within AsWand's historic districts are exempt from the proposed minimum density standard to allow for historically compatible development patterns. The exemptions also provide for potential reductions in density to accommodate significant natural features (floodplains, riparian areas, wetlands, and steep slopes). In the proposed exceptions, existing lots less than 10,000sq.ft., are also exempted from the minimum density requirements. Proposed modifications to the Land Use Ordinance chapters 18.24 and 18.28 are provided in full as attachments to this staff report. Below are the provisions that are proposed to be included in each chapter: Base Densities. The density of the development shall not exceed the density established by this section including the density gained through bonus points. The base density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Exceptions to minimum density standards are allowed in the following situations 1. Lots less than 1O,OOOsq.jt, in existence prior to (the date this ordinance is adopted), shall be exempted from the minimum density requirements. Planning Application 2004-121 Applicant: City of Ashland Ashland Planning Department - StafIReport October 12, 2004 Page 2 .02- 2. Minimum Density requirements shall not apply in Ashland!; Historic Districts 3. The portion of the site that has a conditional use is not included in the site for calculations of minimum density. 4. If a property is occupied by a single family home as of (the date this ordinance is adopted) the single family home can be enlarged, reconstructed, or replaced in the event of a natural hazard, without having to meet the minimum density requirements. 5. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the property an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints. 6. A site that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units may be added to the site which bring the site closer to confonnance without coming all the way into confonnance as part of a phased project that demonstrates the minimum density will be achieved. II. Proiect Impact Currently, land zoned for high-density uses can be developed at low densities. For example, in Ashland, high density land zoned for 20 units per acre, intended for the development of apartments, could readily be developed at anywhere between I and 20 units per acre. Therefore a 1/2 acre High Density zoned (R-3) lot that is intended to have 10 multifamily units could be developed as just 4 single family homes on independent 5000sq.ft. lots, and be in compliance with Ashland's zoning ordinance. Minimum Density requirements would limit the development of this type of single-family detached housing in areas zoned for higher densities. Staff has initially identified 32 developable properties (map Exhibit A) within the City Limits that would likely be effected by the proposed ordinance amendments. These properties were identified as those R-2 and R-3 zoned properties that are outside of Ashland's Historic Districts, are over 10,000 sq.ft. in size, and are listed as having further development potential in the 2002 Buildable Lands Inventory. The 2002 Buildable Lands Inventory's conservative estimate anticipates the cumulative development potential for these selected properties to be approximately 154 dwelling units. Under the proposed minimum density requirements a minimum of 124 units would be developed on these properties as they are developed over the coming years. Without the minimum density requirements it would be possible, although unlikely given current market forces, to develop as few as 32 additional units on these lands (just one additional unit per identified parcel). The impact of the proposed ordinance changes would also be evidenced when applicants propose changing the underlying zone from an existing low-density Planning Application 2004-121 Applicant: City of Ashland Ashland Planning Department - Staff Report October 12, 2004 Page 3 1)3 single-family residential zone, or commercial/industrial zone, to a multifamily zone (R-2 or R-3). In such cases the minimum destiny requirements would apply ensuring that the developments proposed provide a number of units consistent with the established density for the zoning designation requested. III. Procedural- Reauired Burden of Proof The criteria for a legislative amendment to the land use ordinance are as follows: 18.108.170.A. It may be necessary from time to time to amend the text ofthe Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. The establishment of minimum densities is supported by both local Council Goals, elements within Ashland's Comprehensive Plan, Oregon's Statewide Planning Goals and Guidelines, and recommendations within the Oregon Administrative rules for efficient transportation systems. Numerous Oregon Communities have adopted minimum densities in all residential zones, although Ashland's proposed ordinance relates only to our multifamily zoned lands. The City Council, as part of their annual goal setting process, adopted the following goal for the 2004-2005 year: Derive a specific list of '04 action items from the Housing Action Plan and Needs Analysis with reasonable, measurable marks of progress. · Consider the land use changes listed in the Housing Action Plan · Adopt strategies to limit allowing single-family residential development in mixed-family residential zoning districts. · Provide in-kind support to ACLT to further affordable housing for Ashland. The proposed Minimum Density provisions is one Land Use strategy intended to assist in limiting Single Family housing types within Ashland's Multi-family zones. Although this strategy does not strictly prohibit, or limit the construction of Single Family homes, it does address the condition that R-2 or R-3 lands can currently be developed, or partitioned, to create low-density developments on lands designated for higher density multi-family developments. A Minimum Density requirement would ensure the intended density in these zones is achieved, and given these higher densities it would encourage multifamily housing types. Planning Application 2004-121 Applicant: City of AsWand AsWand Planning Department - Staff Report October 12, 2004 Page 4 D4- The City's Comprehensive Plan contains the following Goal (Urbanization Chapter XID: Goal XII: It is the City of Ashland's Goal to maintain a compact urban form and to include an adequate supply of vacant land in the City so as not to hinder natural market forces within the City, and to ensure an orderly and sequential development of land in the City Limits. The proposed ordinance will help ensure the limited multifamily-zoned areas remaining within the City Limits develop in such as to be consistent with the intended densities set forth in the Comprehensive Plan. Oregon cities are required under ORS 197.296 to provide enough buildable land to accommodate a future housing need extended out to a twenty year planning horizon. Minimum densities are intended to be one mechanism to ensure that enough dwelling units are developed to accommodate the projected need for housing. In many communities residential development occurs at densities lower than those called for in a Comprehensive Plan. Minimum Densities, in addition to Maximum (Base) Density requirements, seek to use land inside the Urban growth boundary more efficiently by requiring development to be at or near planned densities. This efficient use of land within the City Limits furthers the goal to ensure orderly development and provide for a compact urban form. Statewide Land Use Goals Goal 10 Housing The City has an obligation under the Statewide planning goals to plan for an adequate number of needed housing units, based on current inventories and projected population. While Ashland may continue to achieve a high percentage of the planned densities within our multi-family zones, the establishment of minimum densities in multifamily zones provides the City with a tool by which to predict the accommodation of future residents. A potential consequence of not implementing minimum density requirements may be an eventual disconnect between the City's comprehensive plan and map - what the City expects to achieve by way of housing future residents - and what is allowed in tlle code that governs what actually can be built. Goal 14 Urbanization Goal 14 of the Statewide Planning Goals and Guidelines instructs that urban growth boundaries (UGB) are based on certain factors, including an emphasis on "maximum efficiency of land uses within and on the fringe of the existing urban area." This Goal more than any other highlights the distinction between planning for growth through a comprehensive plan that illustrates a community's values, Planning Application 2004-121 Applicant: City of Ashland Ashland Planning Department - Staff Report October 12, 2004 Page 5 05 -------------- - ....r rather than simply allowing market forces and unregulated settlement patterns to dictate urban form. Although this goal often is considered primarily in relation to annexations and fringe development it is applicable to urban development patterns as the density intended with the underlying zones is an integral component to the systematic, planned, development of the City of Ashland. Oregon Administrative Rules Transportation Planning Rule In order to promote efficient transportation systems the State of Oregon required the Portland Metro area to establish minimum density ordinances, and in this rule it was recommended that other, smaller, communities also consider the adoption of minimum densities. As a recommendation, the City of Ashland is not required to implement minimum densities under OAR 660-012-0035, however the rationale promoting density as a means to utilize existing and proposed transportation systems efficiently is furthered by the establishment of minimum densities. 660-012-0035 (2) Local governments in MPO areas of larger than 1,000,000 population shall, and other governments may also, evaluate alternative land use designations, densities, and design standards to meet local and regional transportation needs. Local governments preparing such a strategy shall consider: (a) Increasing residential densities and establishing minimum residential densities within one quarter mile of transit lines, major regional employment areas, and major regional retail shopping areas; IV. Conclusions and Recommendations The Housing Commission reviewed the proposed ordinance at their regular meeting on August 25, 2004. The Housing Commission provided their support in forwarding the ordinances changes to the Planning Commission for the establishment of minimum densities in multi-family zones. In deliberating the proposed exceptions, members of the Housing Commission did express concern with exception #3. This exception allows the portion of the site that has a conditional use located upon it to not be included in the site's area for calculations of minimum density. The concern raised questioned whether the future granting of a Conditional Uses could effectively reduce the land available for residential development. Staff believes such an evaluation, with recognition of the priority for the use of multifamily-zoned lands for residential uses, should be considered when reviewing any Conditional Use Permit application on R-2 or R-J zoned property. The proposed exception is intended to ensure that the minimum density requirement does result in cumulative impacts that exceed the level of impacts associated with the target use of the property. Staff believes the concerns raised Planning Application 2004-121 Applicant: City of AsWand AsWand Planning DepartmeIlt- Staff Report October 12, 2004 Page 6 Db by the Housing Commission regarding the Conditional Use exception is best addressed by applying the existing Conditional Use Permit criteria when new Conditional Use applications are reviewed. For existing Conditional Uses located on R-2 and R-3 zoned lands staff believes the exception #3 allows for retention of the Conditional Use while ensuring future development can remain within the impact thresholds for the individual sites. Staff recommends the Planning Commission forward a recommendation to the City Council to approve the proposed minimum density provisions within the R-2 and R-3 zoning ordinance. Planning Application 2004-121 Applicant: City of AsWand Ashland Planning Department - Staff Report October 12, 2004 Page 7 PIT _. a..:::I: CD l>> .... :::l (I) -. )( III ';;1" :f~!e.~ :fCD CO-gCDO::T N.g c=ra.U1<Q' 03 O'.Cll ~ 0(1) -'.PolO N:;)!e.O-::T OJ -::::!. 0 Ul CD c"O 0 o:ra. =2,cnUlG) :;CD~-?--g C" ~ l>> ::: ~ ., CD iii" ~ =j' <tl ~ r':m;ngCF Q) < ..., '-'.., 0 :;, Q) (II ~ CD :::l g.~~.:::l_ - Ql W :::::r 3" ~ tIl .... '< (ii" < CI) t'D CD Ql 0 =+; 0 -.3 :J ~ (Do I:: St Dl oma.rjjCD"C .... ;:l. 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Q " " " p CJ'l,... :r:~ t"'"< ;J>O Z... o CITY OF ASHLAND Housing Commission Memo Title: Dept: Date: Submitted By: Public Hearing regarding Changes to R-2 & R-3 zones to establish Minimum Densities Planning Department August 25, 2004 Brandon Goldman, Housing Program Specialist Background On April 28th the Housing Commission discussed Strategy 3 ofthe Housing Action Plan, concentrating on limitation of single family uses on multi-family zoned property and establishing minimum densities at potentially 80 percent of the maximum density allowed On July 27th, 2004, the Housing Commission and Planning Commission held a joint study session to review proposed changes to the Land Use ordinance effecting Multi-family zoned land (R-2 and R-3 zones). At this meeting Staff presented two distinct zoning changes regarding multifamily zones for discussion. The first being the establishment of minimum densities for the zones, and the second being a limitation on the development of for-purchase housing. These land use strategies were initially identified in the Affordable Housing Action Plan as a means of promoting the development of affordable housing, specifically rental housing types. During the study session a number of concerns and requests for further research were identified particularly involving the limitation on for-purchase housing proposal. Staff will continue to collect the necessary information to address the concerns raised. To better present all the consequence and attempt to further identify unintended consequences staff is not proposing the ordinance changes relating to limitations on for -purchase housing at this meeting. Proposal Through the deliberations of the Housing Commission staff has presented a proposal to require minimum densities to be 80% of the existing base densities within multifamily zones (R-2 and R-3). The potential development of multi-family zoned lands at reduced densities is particularly problematic given the difficulty in rezoning land from single-family to multi-family use. Strong market forces in Ashland currently support the established densities for our multi-family land, and most projects are designed to maximize density. The purpose of establishing a minimum density for these zones would ensure efficient development of these lands independently of market forces. Recommendation Staff recommends that the Housing Commission forward a recommendation of approval to the Planning Commission and City Council regarding the proposed zoning changes to establish minimum densities within chapters 18.24 and 18.28 ofthe Ashland Land use Ordinance~ Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Proposed additions to Chapter 18.24 (R-2) - Fuil Ordinance wlchanges Proposed additions to Chapter 18.28 (R-3) - Fuil Ordinance wlchanges Minutes from Joint Study session July 27th, 2004 Memo dated July 27, 2004 to joint study session EI r., CITY OF ASHLAND Memo DATE: TO: FROM: RE: July 27,2004 Housing Commission and Planning Commission Brandon Goldman, Housing Program Specialist Joint Study Session to review Proposed Ordinance changes to R-3 and R-3 zones including Minimum Densities and Limiting For-Purchase Housing in Multi-family zones. MINIMUM DENSITIES Multi-family Zoned Lands All of Ashland's residential zones currently have an associated Base Density standard. Base densities ensure that the number oflots or units developed per acre do not exceed the intensity planned for the given area. Oregon cities are required under ORS 197.296 to provide enough buildable land to accommodate a future housing need extended out to a twenty year planning horizon. Minimum densities are intended to be one mechanism to ensure that enough dwelling units are developed consistent with the Comprehensive Plan to accommodate the projected need for housing. In many communities residential development occurs at densities lower than those called for in a comprehensive plan. Minimum Densities, in addition to Maximum (Base) Density requirements, seek to use land inside Urban growth boundaries more efficiently by requiring development to be at or near planned densities. Staff proposes establishing Minimum Densities within Ashland's multi-family residential zones (R-2 and R-3) as a mechanism intended to ensure development densities are maintained above a certain level. The calculation of what constitutes the minimum density can be complex or flexible to account for difficult sites including floodplains, steep slopes etc. However as Ashland's Land Use ordinance currently has such accommodations built into the determination of base density, staff recommends having the minimum density simply be 80% the allowable maximum density. Staff proposes including the minimum density requirement within Multi-family zoned (R-2 and R-3) lands exclusive of those within the designated historic districts and exempting small lots ofless than 10,000sq.ft. Proposed modification to R-2 Low Density Residential (18.24), and R-3 High Density Multi-family Residential (18.28) Districts. (proposed additions in bold italics). R-2- 18.24.040 General Regulations A. Permitted Density. 1. Base Densities. The density of the development shall not exceed the density established by this section including the density gained through bonus points. The base density shall be computed by dividing the toial number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541488-5305 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800.735-2900 www.ashland.or.us r., FI density. Base density for the R-2 zone shall be 13.5 dwelling units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions. R-3- 18.28.040 General Regulations A. Permitted Density. 1. Base Densities. The density of development shall not exceed the density established by this section including the density gained through bonus points. The base density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-3 zone shall be 20 dwelling units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions: Staff proposes the following exceptions in each Multifamily zone to enable the proposed minimum density standard to be flexible to allow appropriate development of the zones (namely Historic Districts), and to provide exceptions for existing single family homes on multifamily zoned lands: Exceptions to minimum density. Exceptions to minimum density standards are allowed in the following situations: 1. Lots less than 10,OOOsq.ft, in existence prior to (the date this ordinance is adopted), shall be exempted from the minimum density requirements. 2. Minimum Density requirements shall not apply in Ashland's Historic Districts 3. The portion of the site that has a conditional use is not included in the site for calculations of minimum density. 4. If a property is occupied by a single family home as of (the date this ordinance is adopted) the single family home can be enlarged, reconstructed, or replaced in the event of a natural hazard, without having to meet the minimum density requirements. 5. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the property an exception to minimum density requirements may obtained better meet the standards of Chapter 18.62 Physical and Environmental Constraints. 6. A site that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units may be added to the site which bring the site closer to conformance without coming all the way into conformance as part of a phased project that demonstrates the minimum density will be achieved. Purpose of Minimum Densities Minimum density zoning is potentially useful in most residential areas, such as: · Areas dominated by single-family, detached residential development. Presently a developer may elect to develop large single family homes upon a multifamily-zoned property because the market may be stronger, and more profitable, for houses on large lots. In Ashland given the cost ofland and the strong residential housing market it is more often the case that developers build single-family attached town-homes at the maximum density allowed upon multi-family zoned property. Were market forces to change however, to favor the development of single family detached homes on individual lots, minimum density requirements could preclude the consumption of multi-family land in that way DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us F2 r.l' · Areas zoned for multiple-family development. Currently, land zoned for high-density uses can be developed at lower densities. For example, in Ashland, land zoned for 20 units per acre intended for the developments of apartments could readily be developed at 1-20 units per acre. Therefore a 1/2 acre High Density zoned (R-3) lot that is intended to have 10 units could be developed as just 4 single family homes and comply with our zoning ordinance. Minimum Densities could prohibit development of single-family detached housing in areas zoned for higher densities, or only allow such when special conditions, including the minimum density, are met. · Areas targeted for future growth. Initially, urbanizable areas often develop at low densities, As growth continues, the residents oflow-density developments often oppose the infill development needed to meet planned densities. By requiring a minimum numb,,'!" of units per acre the City can increase the number of units served by such facilities, thereby decreasing the initial service cost per unit. Imposing minimum density requirements in areas targeted for future growth might delay some development in the short run, or serve the intended purpose of encouraging development at densities compatible with comprehensive plan policies. . Analysis of actual development densities. The actual densities of recent developments should be compared to planned densities to determine what the market is supporting or at least what developers are willing to build. Below the table identifies how land within Ashland's Multifamily Zones (R-2 and R-3) has developed at less density when compared to the planned base density. This information in the table below is from the Housing Needs Analysis completed for the City in 2002 with analysis by ECG Northwest. Maximum Proposed Actual built dwelling Minimum Densities - Units DU per acre DU per acre (DU) per (80% of 1990-200 I acre max) High Density Multi- Family Residential 20 14 14.6 (R-3) Multi-Family Residential (R-2) 13.5 10.8 4.5 Minimum Density Ordinances in Oregon PortlandlMetro Area Portland revised their zoning code in 1991 to apply minimum densities in single-family and multi-family zones. The Metro area functional plan requires that communities within the Metro area adopt minimum density standards for all zones allowing residential use. The Metro 2040 Land Use Code Workbook provides guidance as to how such minimum density standards can be crafted. This document suggests the 80% of maximum density as a template standard for ease of interpretation and application. Springfield Springfield applied minimum density zoning in medium- and high-density residential zones in 1985 to make zoning consistent with adopted comprehensive plan. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541488-5305 20 East Man Street Fax: 541488-5311 Ashland, Oregon 97520 ffi: 800-735-2900 www.ashland.or.us f3 r.l' A Nodal Development Overlay (NDO) District was established with provisions and standards supplementthose of the applicable underlying zone and other applicable overlay zones. This included the establishment of residential density requirements: Minimum residential density in MDR (medium density residential) or MUR(mixed use residential) shall be 12 units per net acre; in HDR (high density residential) it shall be 25 units per net acre. Sandy In 1997 Sandy revisited the Minimum Density for its R-I SFR zone and voted to reduce the minimum density from 5 to 3 units per acre. This was in response in part to 5000sq.ft. lots being seen as too small and thereby causing 2 story homes where I story homes on 7000sq.ft. lots would otherwise be possible. 17.30.20 RESIDENTIAL DENSITY CALCULATION PROCEDURE The number of dwelling units permitted on a parcel ofland is calculated after the determination of unconstrained site area (USA), constrained site area (CSA), and unbuildable (UBA) of the gross site area. Limited density transfers are permitted from constrained areas consistent with the provisions of the Flood and Slope Hazard Area Overlay District Calculation of Base Densitv: I. Calculate unconstrained site area (USA): subtract all constrained site areas (CSA) and unbuildable areas (UBA) (as defined by Section 17.60.30 A) from the gross site area (GSA), if applicable: GSA - (CSA+ UBA) ~ USA 2. Calculate permitted maximum base density for the unconstrained portion of the site using the following formula. Maximum density for the zoning district is specified in the individual zoning districts: USA (in acres) x Maximum Densitv = Maximum Base Densitv 3. Calculate permitted minimum density for the unconstrained portion of the site using the following formula. Minimum density for the zoning district is specified in the individual zoning districts: USA (in acres) x Minimum Densitv = Minimum Base Densitv LIMITING FOR-PURCHASE HOUSING Multi-family Zoned Lands It is imperative that Ashland utilize the limited land area zoned as multifamily to accommodate needed rental housing. The City of Ashland Housing Needs Analysis identified that few multi-family rental units were built between 1990 and 2001. According to building permit data a total of 1,842 dwelling units were permitted in this period. Of these, 85% were for single-family dwellings; 62% for detached single-family dwellings and 21 % for attached single-family dwellings (including condominiums and townhouses). Only 9% of the permits issued were for multi-family rental housing types. The trend of developing lands zoned for multi-family units as for-purchase single family housing has continued. The 1998 Buildable Lands Inventory completed by the City anticipated that multi-family (rental housing) development would need to be approximately 30% of the developed housing to keep pace with need. As Ashland's multi-family zoned lands continue to be consumed by the development of town-homes, Ashland must examine other means by which to achieve the development of rental housing affordable to Ashland residents. The proposed limitations on the development of for-purchase housing as outlined below are one such method. This method was originally recommended to the City Council as part of the Affordable Housing Action Plan (pgs 15-18) in 2002. Designating lands for apartment development, to limit single-family for purchase housing, was also recommended in the Housing Needs Analysis (page vi) as a possible method of maintaining the long- term supply of land for multi-family housing. Due to the extremely strong market for single-family for- DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541488-5305 20 East Main Street Fax: 541488-5311 Ashland, Oregoo 97520 TTY: 800-735-2900 www.ashland.or.us t'~, F4 ,-- - purchase housing in Ashland, a significant amount of such housing has been built in multi-family zones. This reduces the supply ofland for multi-family development, which is particularly problematic given the need for rental housing opportWlities. Currently, the City's zoning ordinance allows single-family homes as an outright permItted use in all multi-family districts. In examining the establishment of zoning amendments that require the development of multifamily housing, Staffused the definition provided in the Oregon Administrative rule 660-07-005(11): "Multiple Family Housing" means attached housing where each dwelling Wlit is not located on a separate lot. With this definition Staff would consider any individual Wlit on an individual lot, such as an attached townhome, a "For-Purchase" Wlit. Furthermore, a Condominium survey would technically create individual units of ownership and would therefore also be considered "For Purchase" units Wlder Staff's proposal. Multiple Family Housing, as defined above, including duplexes and larger apartment complexes would be considered "rental housing". The Affordable Housing Action Plan outlines four options that could be used to restrict single-family development in multi-family zones (Attachment A). Staff has examined these options and recommends the City Council consider the following provisions in evaluating zoning amendments: · For-Purchase Wlits (detached single family homes, condominiums, attached town-homes, and row- houses) to be designated as a special permitted use when no more than 30% of the total dwelling units in the project are for-purchase. - The Housing Needs Analysis demonstrates that 52% of Ashland's current housing is owner occupied. Allowing some percentage of for-purchase housing on a project would in largescale . developments allow a mix of housing types more reflective of the commWlity and provide a broader range of housing types within an area. -In the case of a small 1 O,OOOsq.ft. lot zoned R-3 an existing home could be retained as a for- purchase unit, with a triplex being constructed as apartments to complete the maximum 4 Wlit development. · In addition to the 30% of the total dwelling units allowed as a special permitted use, allow for 1 % of the total number of dwelling units as for-purchase units for every 1 % of the total project dwelling Wlits that are affordable to households earning less than 100% of the area median income for ownership units, or households earning less than 80% of the area median income for rental units with a minimum period of affordability of60 years Wlder Ashland's affordable Housing Program. - In this scenario a hypothetical 1 00 Wlit development would be allowed 30 Wlits as for-purchase, and if proving 20 ofthe original 1 00 Wlits as affordable housing, the total number of for- purchase Wlits could be increased to 50. · Allow 100% of the Wlits to be for-purchase when at least 80% of the total project units are to be affordable to households earning less than 80% of the area median income with a minimum period of affordability of 20 years Wlder Ashland's affordable Housing Program. -This provision would allow affordable housing providers to provide low-income ownership housing as is currently proposed on Siskiyou and Faith (RVCDC Project). By allowing 20% of the Wlits to be market rate, this provision would allow some low-income housing projects to amortizing the cost of developing the affordable Wlits by incorporating full market rate units. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541-488-5305 20 East Main Slreet Fax: 541-488-5311 Ash~nd, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r.l' FS The 20 year period is intended to enable households to obtain conventional loans on the for- purchase affordable units. · Partitions and subdivisions of Multifamily zoned lands (R2 and R3) be consistent with the requirements so that any lot created contributes toward the percentage of Multiple Family Housing required on the Parent Parcel (including the subject partition). - This provision is intended in part to ensure that if a large parcel with one single family home on it is partitioned to separate the home from the remainder (vacant) portion of the property, that the existing single family home is considered one of the for-purchase units when calculating the future projects housing tenure mix. Additionally as a result of this provision a 10,000sq,ft. R-3 zoned lot with a 4 unit potential could not be split through a minor land partition into two SOOOsq.ft. single family lots. · Pennit an exception to the limitation of for-purchase housing in multi-familty zones for R-2 and R-3 zoned properties within Ashland's Historic Districts. - This exception is intended to allow development patterns, including for-purchase detached units, consistant with the historic development. These lands being substantially developed do not significantly factor into the availability ofland for the development or rental housing, In conjunction with the small lot sizes in these zones, and the recent adoption of the Maximum House size ordinance for these lands Staff believes their contribution to the development of rental housing will be encouraged under the existing ordinance. . DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541-488-5305 20 East Main street Fax: 541-4Ba-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us FG ri.' Attachment A AFFORDABLE HOUSING ACTION PLAN (adonted May 20. 2002) Strategy 3B (excefllted pe 17-18) Limit or Restrict Sinl!:le-Family Housinl!: in Multi-Family Residential Districts Anoroach This strategy also is recommended in the ECO report as a possible means of maintaining the long-term supply of land for multi-family housing. As noted above, because of the extremely strong market for single-family housing in Ashland, a significant amount of single-family housing has been built in multi-family zones. This reduces the supply of land for multi- family development, which is particularly problematic given the potential difficulty in rezoning land from single-family to multi-family use. Currently, the City's zoning ordinance allows single-family homes as an outright permitted use in all multi-family districts. Several options that could be used to restrict single-family development in multi-family zones are discussed below. I. Do not allow single-family development at all in multi-family zones (i.e., remove it from the list of permitted uses in these zones). This is the most restrictive of these options. While it would be the most effective, it also likely could generate the most political controversy and potential opposition from the public or development community. However, this option is not without precedent. The City of Portland does not allow for new single-family development in any of its multi-family zones. 2. Allow for single-family development as a permitted use in selected multi-family zones, but not others. The City could continue to allow for single-family development in its medium density multi-family (R-2) zone but restrict it in the high density (R-3 zone). This is the approach taken by the City of Corvallis. In Corvallis, single- family dwellings or townhouses are allowed in the City's RMI multi-family zone. In the higher density RM2 zone, only replacement of a single-family dwelling is allowed. Finally, in the RH (multiple family high-rise residential), single-family dwellings are not allowed. This approach is more pennissive and likely would b<: less effective than the more restrictive option described above. At the same time, it may generate less controversy and/or opposition. 3.. Allow for single-family development as a special permitted use in multi-family zones. Currently, residential uses are special permitted uses in Commercial and Employment zones. A similar approach could be considered in multi-family zones when, subject to additional requirements, single-family uses on individual lots (attached or detached) could be permitted only when in conjunction with rental housing. Some additional items to consider might include setting a maximum percentage of single-family units in the project, as well as affordability levels for rentals (i.e. households at 80% of the area median). This would have to be structured as a voluntary provision. 4. Allow for single-family development as a conditional, rather than permitted use, lu multi-family zones. This approach is used by the City of Bend, where single-family dwellings are allowed as conditional uses in selected multi-family zones. The conditions upon which those or other conditional uses are allowed include: (a) That the location, size, design and operating characteristics of the proposed use are such that it will have a minimal adverse impact on the property value, livability and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage, and density, to the alteration of traffic patterns and the capacity of surrounding streets, and to any other relevant impact of the proposed use. (b) That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree consistent with the nature of the use and the given setting. (c) If the use is permitted outright in another zone, that there is substantial reasonfor locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. (d) That the proposed use will be consistent with the purposes of this ordinance, the Comprehensive Plan, Statewide Goals, and any other statutes, ordinances or policies that may be applicable. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541488-5305 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735.2900 www.ashland.or.us r~' F7 AsWand could identify similar conditions for development of single-family homes in multi-family districts. While conditions (a), (b) and (d) could be relatively easy to satisfy in many cases, condition (c) is likely to be a fairly strong deterrent to continued development of single-family in multi-family zones. The City al1ematively could identify other conditions, such as that a single-family development include a certain percentage of units affordable to people in certain income ranges. While this approach is less restrictive than completely disallowing single-family development 10 multi-family zones, it could be very effective if the conditions are difficult to meet or result in development of additional affordable units. It likely would be more effective than continuing to allow for single-family dwellings as outright permitted uses in some multi-family while disallowing them in others. . Potential Imoact It is difficult to quantify the direct impact of this strategy in terms of the number of affordable housing units that could result. As with the approach of zoning additional land for multi-family housing, this measure may not result. in the immediate creation of additional affordable housing, though it would increase the potential for future development of multi-family housing. Such housing is expected to be affordable to a higher percentage of Ashland residents and workers than much of the City's current stock of single-family homes. DEPARTMENT OF COMMUNITY DEVELOPMENT Planntng Dlvtslon Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 m: 800-735-2900 www.ashland.or.us F8 r.l' Attachment B Bend The City of Bend requires Conditional Use Permits for single family dwellings in the Medium Density Residential (RM) and High Density Residential (RH) Zones. However, Bend does not require Conditional Use Permits in these zones for high density townhome or condo developments. Portland Portland recently added minimum densities in the last of its multifamily zones, at levels that preclude detached homes on all but the smallest lots. Given Portland's minimum densities of ranging from just I nnit per 500sq.feet of lot area (high rise apartments - high density zone RX) to I per 3750 sq.ft oflot area (low density multifamily zone R3) single family subdivisions of detached homes are not possible. However condominium and townhome development is permissible. Other Applicable City of Asbland Ordinances Condominium Conversions Currently the City has an ordinance (18.24.030J and 18.28.0301) which requires a conditional use permit to convert existing apartments to condominiums requiring that 25% of the converted units be affordable under Ashland's Affordable Housing Program for 20 years. The same affordability requirements are not in place and can not be imposed for tlle development of new condominiums or single-family attached housing on Ashland's multi-family zoned lands as such would be considered inclusionary zoning and is thus precluded by state law.. The Condominium Conversion ordinance was implemented to address the reduction of rental housing as the market favors the conversion of apartments into for-purchase housing. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r., F'i Attachment C Annlicable Orel!on Revised Statues (ORS) 197.307 Effect of need for certain housing in urban growth areas; placement standards for approval of manufactured dwellings. (1) The availability of affordable, decent, safe and sanitary housing opportunities for persons oflower, middle and fixed income, including housing for seasonal and year-round farmworkers, is a matter of statewide concern. (2) Many persons oflower, middle and fixed income depend on government assisted housing as a source of affordable decent, safe and sanitary housing. (3) When a need has been shown for housing within an urban growth boundary at particular price ranges and rent levels, needed housing, including housing for seasonal and year-round farmworkers, shall be permitted in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. 4) Subsection (3) of this section shall not be construed as an infringement on a local government's prerogative to: (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures. 197.312 Limitation on city and county authority to prohibit certain kinds of housing. (I) No city or county may by charter prohibit from all residential zones attached or detached single-family housing, multiple-family housing for both owner and renter occupancy or manufactured homes. No city or county may by charter prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing. INTERPRETATION OF GOAL 10 HOUSING Oregon Administrative Rules 660-07-005 (II): "Multiple Family Housing" means attached housing where each dwelling unit is not located on a separate lot. 660-008-0000 Purpose (I) The purpose of this rule is to assure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs. This rule is intended to define standards for compliance with Goal 10 "Housing" and to implement ORS 197.303 through 197.307. (2) OAR 660-007-0000 et seq., Metropolitan Housing, are intended to complement and be consistent with OAR 660-008- 0000 et seq., Goal 10 Housing. Should differences in interpretation between OAR 660-008-0000 et seq. and 660-007-0000 et seq. arise, the provisions of OAR 660-007-0000 et seq. shal1 prevail for cities and counties within the Metro urban growth boundary. Stat. Auth.: ORS 197 Stats. Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490 Hist.: LCDC 3-1982, f. & ef. 7-21-82; LCDD 3-2004, f. & cert. ef. 5-7-04 660-008-0005 Definitions For the purpose of this rule, the definitions in ORS 197.015, 197.295, and 197.303 shal1 apply. In addition, the fol1owing defmitions shall apply: (I) "Attached Single Family Housing" means common-wall dwellings or rowhouses where each dwelling unit occupies a separate lot. (2) "Buildable Land" means residential1y designated vacant and, at the option of the local jurisdiction, redevelopable land within the Metro urban growth boundary that is not severely constrained by natural hazards (Statewide Planning Goal 7) or subject to natural resource protection measures (Statewide Planning Goals 5 and 15). Publicly owned land is generally not considered available for residential use. Land with slopes of25 percent or greater unless otherwise provided for at the time of DEPARTMENT OF COMMUNITY DEVElOPMENT Planning Division Tel: 541-488-5305 . 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 m: 800-735-2900 www.ashland.or.Us Flo r.l' -- -------,-- -- acknowledgment and land within tne 100-year floodplain is generally considered unbuildable for purposes of density calculations. (3) "Detached Single Family Housing" means a housing unit that is free standing and separate from other housing units. (4) "Government Assisted Housing" means housing that is fInanced in whole or part by either a federal or state housing agency or a local housing authority as defIned in ORS 456.005 to 456.720, or housing that is occupied by a tenant or tenants who benefIt from rent supplements or housing vouchers provided by either a federal or state housing agency or a local housing authority. (5) "Housing Needs Projection" refers to a local determination,justifIed in the plan, of the mix of housing types and densities that will be: (a) Cornmensurate with the fInancial capabilities of present and future area residents of all income levels during the planning period; (b) Consistent with any adopted regional housing standards, state statutes and Land Conservation and Development Commission administrative rules; and (c) Consistent with Goal 14 requirements. (6) "Manufactured Dwelling" means: (a) Residential trailer, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January I, 1962; (b) Mobile home, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January I, 1962, and June 15, 1976,.and met the construction requirements of Oregon mobile home law in effect at the time of construction; (c) Manufactured home, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction; (d) Does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identifIed as a recreational vehicle by the manufacturer. (7) "Manufactured Dwelling Park" means any place where four or more manufactured dwellings as defIned in ORS 446.003 are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190. (8) "Manufactured Homes" means structures with a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Sections 5401 et seq.), as amended on August 22, 1981. (9) "Mobile Home Park" means any place where four or more manufactured dwellings as defIned in ORS 446.003 are located within 500 feet of one another on a lot, tract or parcel ofland under the same ownership, the primary pmpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Mobile home park" does not include a lot. or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190. (10) "Multiple Family Housing" means attached housing where each dwelling unit is not located on a separate lot. (II) "Needed Housing" defmed. Until the beginning of the fIrst periodic review of a local government's acknowledged comprehensive plan. "needed housing" means housing types determined to meet the need shown for housing within an urban growth boundary at particular price ranges and rent levels. On and after the beginning of the first periodic review of a local government's acknowledged comprehensive plan, "needed housing" also means: (a) Housing that includes, but is not limited to, attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS197.475 to 197.490; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541488-5305 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.Qf.us r~' F (I (e) Subsections (II) (a) and (d) ot this rule shall not apply to: (A) A city with a population ofless than 2,500; (B) A county with a population ofless than 15,000. (12) "Redevelopable Land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the strong likelihood that existing development will be converted to more intensive residential uses during the planning period. (13) "Suitable and Available Land" means residentially designated vacant and redevelopable land within an urban growth boundary that is not constrained by natural hazards, or subject to natural resource protection measures, and for which public facilities are planned or to whiCh public facilities can be made available. Publicly owned land generally is not considered available for residential use. Stat. Auth.: ORS 183, 196 & 197 Stats. Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490 Hist.: LCDC 3-1982, f. & ef. 7-21-82; LCDC 3-1990, f. & cert. ef. 6-6-90; LCDD 3-2004, f. & cert. ef. 5-7-04 660-008-0010 Allocation of Buildable Land The mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. The local buildable lands inventory must document the amount of buildable land in each residential plan designation. Stat. Auth.: ORS 197 Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS 197.490 Hist.: LCDC 3-1982, f. & ef. 7-21-82 DEPARTMENT OF COMMUNITY DEVElOPMENT Planning Division Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 Trv: 800.735-2900 www.a~hland.or.us r.l1 F/2 -------..-....,-- - CITY OF ASHLAND Proposed Additions in Bold Italics & in Arial Font in 18.28.040 LAND USE ORDINANCE CHAPTER 18.28 R-3 HIGH DENSITY MUL TIPLE-F AMIL Y RESIDENTIAL DISTRICT SECTIONs: 18.28.010 Pwpose. 18.28.020 Permitted Uses. 18.28.030 Conditional Uses. 18.28.040 General Regulations. SECTION 18.28.010 Purpose. This district is designed to provide the type of environment suitable for urban living. The R-3 district is intended for residential uses and appurtenant community services. This district is designed in such a manner that it can be applied to a wide range of areas due to the range of residential densities possible. In addition, when appropriately located and designed, professional offices are allowed. SECTION 18.28.020 Permitted Uses. The following uses and their accessory uses are permitted outright: A. Single-family dwellings and two-family dwellings, utilizing at least two ofthe following design features to provide visual relief along the front of the residence: 1. Dormers 2. Gables 3. Recessed entries 4. Covered porch entries 5. Cupolas 6. Pillars or posts 7. Bay window (min. 12" projection) 8. Eaves (min. 6" projection) 9. Off-sets in building face or roof (min. 16"). (Ord. 2612 S4, 1991) B. Multi-family dwellings. C. Boarding or rooming houses, fraternity or sorority houses, and dormitories. D. Home occupations. E. Agriculture. /:. F. Public schools, parks and recreation facilities. y I Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 G. Nursery schools, kindergarten and day nurseries. H. Residential planned unit developments when authorized in accordance with the Chapter on Planned Unit Developments. I. Manufactured homes on individual lots, subject to the following criteria: I. The portion of the lot on which the manufactured home is to be located shall not exceed a slope of 10% prior to excavation or fill on the parcel. 2. The manufactured home shall be multi-sectional, no less than 28 ft. in width, and have a minimum enclosed floor area of 1,000sq.ft. 3. The manufactured home shall have a roof pitch ofa minimum of 14 degrees (3 feet in height for each 12 feet in width). 4. The manufactured home shall have no metal siding or roofmg, and shall have wood or wood- product siding and composition roofmg, or approved equivalent. 5. The manufactured home shall have an auxiliary storage building or garage at least 14 x 20 feet in area, constructed of similar materials as that used on the exterior of the manufactured home. 6. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. 7. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade, and complying with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918. 8. The foundation area of the manufactured home shall be fully skirted. 9. The manufactured home shall not be located in the Ashland Historic Interest Area, as defined in the Comprehensive Plan. 10. The manufactured home shall incorporate at least two of the design features listed in 18.20.020 A. above. (Ord. 2612 S5 1991) J. Construction of new condominiums, in accord with all density and site review requirements of this code. (Ord. 2624 S3, 1991) SECTION 18.28.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical or similar schools. C. Manufactured housing developments, subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs, and the uses listed in subsection E above. www.ashland.or.us fax 541-552-2050 TrY 800-735-2900 Page 2 of9 R-3 High Density Multiple-Family Residential District GtL r.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 H. Wholesale plant nurseries, including accessory structures. I. Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at least 25% of the residential units are affordable for moderate income persons in accord to the standards established by resolution of the Ashland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall have first right of refusal to purchase the unit. (Ord. 2624 S3, 1991) J. Travelers accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner( s) allowing for the operation ofthe accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S2, 1997) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off- Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots wlder the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or for travelers's accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 3 of9 R-3 High Density Multiple-Family Residential District q3 ~.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages ofthe underlying zone. 6. Transfer of business-ownership of a travelers accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All travelers's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. (Ord. 2776 S2, 1996) 8. That the property on which the travelers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. (Ord. 2613 SI, 1991) K. Structures in excess ofthirty-five (35) feet in height, not to exceed 50 feet in height. L. Hostels, provided that the facility be subject to an annual Type I review for at least the first three (3) years, after which time the Planning Commission may approve, under a Type 11 procedure, a permanent permit for the facility. (Ord. 2353 S2, 1985) SECTION 18.28.040 General Regulations. A. Permitted Density. \. Base Densities. The density of development shall not exceed the density established by this section including the density gained through bonus points. 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. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-3 zone shall be 20 dwelling units per acre, however, units ofless than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions: a. Minimum lot area for 1 unit shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80'. b. Minimum lot area for 2 units shall be 6500 sq. ft. with a minimum width of 50' and a minimum depth of 80'. www.ashland.or.us fax 541-552-2050 TIY 800-735-2900 Page 4 of9 R-3 High Density Multiple-Family Residential District r~ Department of Community Deveiopment 51 Winburn Wy, Ashland OR 97520 541-488-5305 c. Developments of 3 units or greater shall have minimum lot area in excess of 8000 sq. ft. and as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and minimum depth of 80'. 2. Exceptions to minimum density standards. The following lots are totally or partially exempt from the 80% minimum base density standard of Subsection 1. a. Lots less than 10,000sq.ft, in existence prior to the effective date of this ordinance. b. Lots located within any Historic District designated within the Ashland Municipal Code. c. Lots with authorized conditional uses may exempt that portion of the property that is subject to the conditional use for calculations of the minimum base density standard. d. If a lot is occupied by a single family residence as of the effective date of this ordinance, the single family residence may be enlarged or reconstructed without being subject to the 80 percent minimum base density standard. e. In the event a natural hazard destroys a single family residence, such residence may be replaced without being subject to the 80 percent minimum base density standard. f. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints. 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 added to the lot which bring the lot closer to conformance without coming all the way into conformance as part of a phased project that demonstrates the minimum density will be achieved. B. Bonus Point Calculations. 1. 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. www.ashland.or.us fax 541-552-2050 TIY 800-735-2900 Page 5 of9 R-3 High Density Multiple-Family Residential District 6,5 r.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 2. The maximum bonus permitted shall be 40%. 3. The following bonuses shall be awarded: a. Conservation Housing - all home or residential units of the proposed project meet the energy usage, water usage, and air quality requirements adopted in the Performance Standard Guidelines referred to in 18.88.090 -- 15% bonus. b. Provision of outdoor recreation space above minimum requirement established by this Title. The purpose of the density bonus for outdoor recreational space is to permit areas which could otherwise be developed to be developed as a recreational amenity. It is not the purpose of this provision to permit density bonuses for incidental open spaces which have no realistic use by project residents on a day to day basis. One percent increased density bonus for each percent of the project site dedicated to outdoor recreation space beyond the minimum requirement established by this title--maximum 10% bonus. c. Provision of Major Recreational Facilities. Density bonus points shall be awarded for the provision of major recreational facilities, such as tennis courts, swimming pools, playgrounds, or similar facilities. For each percent (I %) of the total project cost devoted to recreational facilities, a 6% density bonus shall be awarded to a maximum of 10%. 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. The cost of the recreational facility shall be prepared by a qualified architect or engineer using current costs of recreational facilities -- maximum bonus 10%. d. Affordable Housing - for every percent of units that are affordable, an equival'~nt percentage of density bonus shall be allowed. Maximum bonus of 25%. Affordable housing bonus shall be for residential units that are affordable for moderate income persons in accord with the standards established by resolution of the City Council and guaranteed affordable through procedures contained in said resolution. (Ord. 2630 S3, 1991) C. Minimum Lot Depth: All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more than two and one-half (2 \1,) times its width. D. Standard Yard Requirements - Outside the Historic Interest Area: Front yards shall be a minimum of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 10' from the front property line. All garages accessed from the front shall have a minimum setback of 20' from the front property line; side yards, six feet; the side yard of a comer lot abutting a public street shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In addition, the setbacks must comply with Chapter 18.70 which provides for Solar Acces~;." Standard Yard Requirements - Within the Historic Interest Area: Front yard, twenty feet; side yards, six feet; rear yard, ten feet plus ten feet for each story in excess of one story. The side yard of a comer lot abutting a public street shall be ten. In addition, the setbacks must comply with Section 18.70 of this Title which provides for solar access. (Ord. 2760, 1995) E. Special Yards - distances between buildings: www.ashland.or.us fax 541-552-2050 lTY 800-735-2900 Page 6 of9 R-3 High Density Multiple-Family Residential District Gt., r~' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 I. The distance between any principal building and accessory building shall be a minimum of ten (10) feet. 2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20) feet. 3. The distance between principal buildings shall be at least one-half (\I,) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space. F. Maximum height: No structure shall be over thirty-five (35) feet in height, except as provided in Section 18.28.030(K). Structures within the Historic District shall not exceed a height of 30 feet. G. Maximum Coverage: Maximum lot coverage shall be seventy-five percent (75%). (Ord. 2228, 1982) H. Outdoor Recreation Space: At least 8% of the lot area shall be dedicated to outdoor recreational space and shall be part of the overall landscaping requirements. (Ord. 2630,1992) I. Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic District. The maximum permitted floor area for single family primary dwellings on individual lots within the Historic District shall be determined by the following: I. The maximum permitted floor area shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6' , except that unenclosed breezeways or similar open structures may connect the structures. 2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPF A), provided however, that regardless of lot size, the MPF A shall not exceed 3,249 sq. ft. : Lot area x Adi. Factor = Adiusted lot area x 0.38 FAR = MPFA (Table I) www.ashland.or.us fax 541-552-2050 TrY 800-735-2900 Page 7 of9 R-3 High Density Multiple-Family Residential District q7 r~' Department of Community Development 51 Winbum Wy, Ashland OR 97520 541-488-5305 TABLE 1 - Adjustment Factor Table 0-2500 1.20 6501 - 7000 0,88 11001 - 11500 0.66 15501 - 16000 0.55 250 I - 3000 1.16 7001 - 7500 0.85 11501 - 12000 0.64 16001 - 16500 0.54 3001 - 3500 1.12 7501 - 8000 0.82 12001 -12500 0.62 16501 - 17000 0.53 3501-4000 1.08 8001 - 8500 0.79 12501 - 13000 0.61 17001 - 17500 0.52 4001 - 4500 1.04 8501 - 9000 0.77 13001 - 13500 0.60 17501-18000 0.51 4501 - 5000 1.00 900 I - 9500 0.75 13501 - 14000 0.59 18001 -18500 0.50 500 I - 5500 0.97 9501 - 10000 0.73 14001 - 14500 0.58 18501 - 19000 0.49 550 I - 6000 0.94 10001 - 10500 0.71 14501 - 15000 0.57 19001 - 19500 0.48 6001 - 6500 0.91 10501 - 11000 0.68 15001 - 15500 0.56 19500 and 0.47 eater J. Maximum Permitted Floor Area for multiple dwellings on a single lot within the Historic District. The MPF A for multiple dwellings on a single lot within the Historic District shall be determined by the following: 1. The MPFA shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory stmctures, or accessory residential units shall be separated from other structures by a minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. 2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPF A): Lot area x Adi. Factor = Adiusted lot area x Graduated FAR = MPFA (Table I) (Table 2) Table 2. - Graduated FAR Table I .38 5 .46 9 .54 2 .40 6 .48 10 .56 3 .42 7 .50 II .58 4 .44 8 .52 >11 .60 www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 8 of9 R-3 High Density Multiple-Family Residential District (!;j8 r.l' Department of Community Development 51 Winbum Wy, Ashland OR 97520 541-488-5305 K. New structures and additions to existing within the Historic District shall not exceed the MPF A unless a Conditional Use Pennit is obtained. In no case shall the pennitted floor area exceed 25% of the MPF A. In addition to the [mdings for a Conditional Use Pennit, the standards noted in Section IV of the Site Design and Use Standards shall be considered in the request." (Ord 2901, Amended, 09/16/2(03) www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 9 of9 R-3 High Density Multiple-Family Residential District G9 r~' CITY OF ASHLAND Proposed Additions in Bold Italics & in Arial Font in 18.24.040 LAND USE ORDINANCE CHAPTER 18.24 R-2 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT 18.24.010 18.24.020 18.24.030 18.24.040 Purpose. Pennitted Uses. Conditional Uses. General Regulations. SECTION 18.24.010 Purpose. This district is designed to provide an envirorunent suitable for urban living. The R-2 district is intended for residential uses and appurtenant community services. This district is designed in such a manner that it can be applied to a wide range of areas due to the range of residential densities possible. In addition, when appropriately located and designed, professional offices and small home-oriented commercial activities designed to attract pedestrians in the Railroad District are allowed. SECTION 18.24.020 Pennitted Uses. The following uses and their accessory uses are permitted outright: A. Single-family dwellings and two-family dwellings, utilizing at least two of the following design features to provide visual relief along the front of the residence: 1. Dormers 2. Gables 3. Recessed entries 4. Covered porch entries 5. Cupolas 6. Pillars or posts 7. Bay window (min. 12" projection) 8. Eaves (min. 6" projection) 9. Off-sets in building face or roof (min. 16"). (Ord. 2612 S4, 1991) B. Multi-family dwellings. C. Boarding or rooming houses, fraternity or sorority houses and dormitories. D. Home occupations. E. Agriculture. F. Public schools, parks and recreation facilities. G. Nursery schools, kindergarten and day nurseries. (110 Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 H. Residential planned unit developments when authorized in accordance with Chapter 18.88 on Planned Unit Developments. 1. Manufactured homes on individual lots, subject to the following criteria: 1. The portion of the lot on which the manufactured home is to be located shall not exceed a slope of 10% prior to excavation or fill on the parcel. 2. The manufactured home shall be multi-sectional, no less than 28 feet in width, and have a minimum enclosed floor area of 1,000 sq. ft. 3. The manufactured home shall have a roof pitch of a minimum of 14 degrees (3 feet in height for each 12 feet in width). 4. The manufactured home shall have no metal siding or roofmg, and shall have wood or wood-product siding and composition roofmg, or approved equivalent. 5. The manufactured home shall have an auxiliary storage building or garage at least 14 x 20 feet in area, constructed of similar materials as that used on the exterior of the manufactured home. 6. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. 7. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade, and complying with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918. 8. The foundation area of the manufactured home shall be fully skirted. 9. The manufactured home shall not be located in the AsWand Historic Interest Area, as defmed in the Comprehensive Plan. 10. The manufactured home shall incorporate at least two of the design features listed in 18.20.020 A. above. (Ord. 2612 S5 1991) J. Construction of new Condominiums, in accord with all density and site review requirements of this code. (Ord. 2624 S2, 1991) SECTION 18.24.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use penuits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, teclmical, or similar schools. C. Manufactured housing developments subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. 1. Retail commercial uses located in a dwelling unit, within the Railroad District as identified by the Ashland Historic Commission and approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft. in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half(Y,) time employee (up to twenty- five (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be www.ashland.or.us fax 541-552-2050 TIY 800-735-2900 Page 2 of8 R-2 Low Density Multiple-Family Residential District c,1/ r.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 located on a street having a fully improved sidewalk on at least the side occupied by the business. The street shall be a fully improved street of residential City standards or greater. J. Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at least 25% of the residential units are affordable for moderate income persons in accord with the standards established by resolution of the AsWand City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall have first right of refusal to purchase the unit. (Ord. 2624 S2, 1991) K. Travelers accommodations, subject to the following: I. That all residences used for travelers accommodation be business-owner occupied. The business- owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be detennined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defmed as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner( s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 SI,1997) 2. That each accommodation unit shall have I off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Oft~Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be detennined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or for travelers's accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as detennined by the AsWand Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers's accommodation use, including expansion of floor arl'a. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6. Transfer of business-ownership of a travelers accommodation shall be subject to all :requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All travelers's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, confonning uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. www.ashland.or.us fax 541-552-2050 TIY 800-735-2900 Page 3 of8 R-2 Low Density Multiple-Family Residential District QIL rtl' Department of Community Development 51 Winbum Wy, Ashland OR 97520 541-488-5305 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. (Ord. 2776 SI, 1996) 8. That the property on which the travelers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. (Ord. 2613 SI, 1991) L. Hostels, provided that the facility be subject to an annual Type I review for at least the fIrst three (3) years, after which time the Planning Commission may approve, under a Type II procedure, a permanent permit for the facility. (Ord. 2353 S2, 1985) 18.24.040 General Regulations A. Pennitted Density. \. Base Densities. The density of the development shall not exceed the density established by this section including the density gained through bonus points. 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. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-2 zone shall be 13.5 dwelling units per acre, however, units "fless than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the following restrictions. a. Minimum lot area for unit 1 shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80'. b. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum depth of80'. c. Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. and as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and a minimum depth of80'. 2. Exceptions to minimum density standards. The following lots are totally or partially exempt from the 80% minimum base density standard of Subsection 1. a. Lots less than 10,OOOsq.ft, in existence prior to the effective date of this ordinance. b. Lots located within any Historic District designated within the Ashland Municipal Code. c. Lots with authorized conditional uses may exempt that portion of the property that is subject to the conditional use for calculations of the minimum base density standard. d. If a lot is occupied by a single family residence as of the effective date of this ordinance, the single family residence may be enlarged or reconstructed without being subject to the 80 percent minimum base density standard. www.ashland.or.us fax 541-552-2050 TIY 800-735-2900 Page 4 of8 R-2 Low Density Multiple-Family Residential District q/3 ~~, Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 e. In the event a natural hazard destroys a single family residence, such residence may be replaced without being subject to the 80 percent minimum base density standard. f. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints. 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 added to the lot which bring the lot closer to conformance without coming all the way into conformance as part of a phased project that demonstrates the minimum density will be achieved. B. Bonus Point Calculations. I. The pennitted base density shall be increased by the percentage gained through bonus points. 2. The maximum bonus pennitted shall be 40%. 3. The following bonuses shall be awarded: a. Conservation housing - all home or residential units of the proposed project meeting the energy usage, water usage, and air quality requirements adopted in the Performance Standard Guidelines referred to in 18.88.090--maximum 15% bonus. b. Provision of outdoor recreation space above minimum requirement established by this Title. The purpose of the density bonus for outdoor recreational space is to pennit areas which coutd otherwise be developed to be developed as a recreational amenity. It is not the purpose of this provision to pennit density bonuses for incidental open spaces which have no realistic use by project resid"nts on a day to day basis. One percent increased density bonus for each percent of the project site dedicated to outdoor recreation space beyond the minimum requirement established by this title--maximum 10% bonus. c. Provision of Major Recreational Facilities. Density bonus points shall be awarded for the provision of major recreational facilities, such as teunis cow1s, swimming pools, playgrounds, or similar facilities. For each percent (1%) of the total project cost devoted to recreational facilities, a 6% density bonus shall be awarded to a maximum of 10%. Total project cost shall be defmed 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. The cost of the recreational facility shall be prepared by a qualified architect or engineer using current costs of recreational facilities -- maximum bonus 10%. www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 5 of8 R-2 Low Density Multiple-Family Residential District ql4 r.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 d. Affordable Housing - for every percent of units that are affordable, an equivalent percentage of density bonus shall be allowed. Maximum bonus of 25%. Mfordable housing bonus shall be for residential units that are affordable for moderate income persons in accord with the standards established by resolution of the City Council and guaranteed affordable through procedures contained in said resolution. (Ord. 2630 SI, 1991) C. Lot Depth: All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more than two and one-half(2 11,) times its width. D. Standard Yard Requirements - Outside the Historic Interest Area: Front yards shall be a minimum of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 10' from the front property line. All garages accessed from the front shall have a minimum setback of 20' from th" front property line; side yards, six feet; the side yard of a comer lot abutting a public street shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In addition, the setbacks must comply with Chapter 18.70 which provides for Solar Access." Standard Yard Requirements - Within the Historic Interest Area: Front yard, twenty feet; side yards, six feet; rear yard, ten feet plus ten feet for each story in excess of one story. The side yard of a comer lot abutting a public street shall be ten. In addition, the setbacks must comply with Section 18.70 of this Title which provides for solar access. (amended Ord. 2752, 1995; Ord. 2760, 1995) E. Special Yards - Distance Between Buildings: I. The distance between any principal building and accessory building shall be a minimum oft',n (10) feet. 2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20) feet. 3. The distance between principal buildings shall be at least one-half (II,) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space. F. Maximum Height: No structure shall be over thirty-five 35 feet or two and one-half (2 11,) stories in height, whichever is less. Structures within the Historic District shall not exceed a height 000 feet. G. Maximum Coverage: Maximum lot coverage shall be sixty-five (65%) percent. H. Outdoor Recreation Space: At least 8% of the lot area shall be dedicated to outdoor recreational space and shall be part of the overall landscaping requirements. (Ord. 2228,1982; Ord. 2630 S2, 1991) I. Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic District. The maximum permitted floor area for single family primary dwellings on individual lots within the Historic District shall be determined by the following: I. The maximum permitted floor area shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 6 of8 R-2 Low Density Multiple-Family Residential District ql.5 r~' Department of Community Development 51 Winburn Wy, Ashland DR 97520 541-488-5305 separated from other structures by a minimum of 6' , except that unenclosed breezeways or similar open structures may connect the structures. 2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPF A), provided however, that regardless of lot size, the MPF A shall not exceed 3,249 sq. ft. : Lot area x Adj. Factor~ Adjusted lot area x 0.38 FAR ~ MPFA (Table I) 0-2500 1.20 650 I - 7000 0.88 11001 - 11500 0.66 15501 - 16000 0.55 250 I - 3000 1.16 7001 - 7500 0.85 11501 - 12000 0.64 16001 - 16500 0.54 3001 - 3500 1.12 7501 - 8000 0.82 12001 - 12500 0.62 16501 - 17000 0.53 3501- 4000 1.08 800 I - 8500 0.79 12501 - 13000 0.61 17001- 17500 0.52 4001-4500 1.04 8501 - 9000 0.77 13001 - 13500 0.60 17501 - 18000 0.51 4501- 5000 1.00 9001 - 9500 0.75 13501 - 14000 0.59 18001 - 18500 0.50 5001 - 5500 0.97 9501-10000 0.73 14001 - 14500 0.58 18501- 19000 0.49 5501 - 6000 0.94 10001-10500 0.71 14501- 15000 0.57 19001- 19500 0.48 600 I - 6500 0.91 10501-11000 0.68 15001 - 15500 0.56 19500 and 0.47 reater J. Maximum Permitted Floor Area for multiple dwellings on a single lot within the Historic District. The MPFA for multiple dwellings on a single lot within the Historic District shall be determined by the following: 1. The MPF A shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6' , except that unenclosed breezeways or similar open structures may connect the structures. 2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPF A): Lot area x Adj. Factor ~ Adjusted lot area x Graduated FAR = MPFA (Table!) (Table 2) Table 2. - Graduated FAR Table I 2 3 4 .38 .40 .42 .44 5 6 7 8 .46 .48 .50 .52 9 10 11 >11 .54 .56 .58 .60 K. New structures and additions to existing structures within the Historic District shall not exceed the MPF A unless a Conditional Use Permit is obtained. In no case shall the permitted floor area exceed 25% of the MPF A. www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 7 of8 R-2 Low Density Multiple-Family Residential District Glb r.l' Department of Community Development 51 Winburn Wy, Ashland OR 97520 541-488-5305 In addition to the findings for a Conditional Use Permit, the standards noted in Section IV of lhe Site Design and Use Standards shall be considered in the request." (Ord 2901, Amended, 09/16/2003) www.ashland.or.us fax 541-552-2050 TTY 800-735-2900 Page 8 of8 R-2 Low Density Multiple-Family Residential District GI7 r.l' G;SHLANDI THIS IS TO NOTIFY YOU THAT THE CITY OF ASHLAND HAS PROPOSED A LAND USE REGULATION THAT WILL AFFECT THE PERMISSIBLE USES OF YOUR LAND. This notice is provided in order to comply with Ballot Measure 56 approved by voters on November 3, 1998. Ballot Measure 56 requires the City to print the following sentence: "The City has determined that adoption of this ordinance will affect the permissible uses of your property and may reduce the value of your property." Actually, no determination has been or is expected to be made as to the effect of the proposal on the value of your property. NOTICE OF PUBLIC HEARING Notice is hereby given that the following Public Hearings will take place to consider the proposed land use regulation: Ashland Planninl! Commission will conduct a PUBLIC HEARING on TUESDAY, October 12 at 7:00 P.M. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon Ashland Ci~ Council will conduct a PUBLIC HEARING on TUESDAY, November 2" , 2004 at 7:00 P.M. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon The purpose of these hearings is to consider public testimony on: Establishing Minimum Density requirements for Multifamily Zoned Lands (R2 and R3 zones) Plannin File 2004-121 Detailed copies of the proposed ordinanc~.Jlre available for inspection at.. the Community Development Department located at 51 Winburn Way or on the City's Web Site: www.ashland.or.us. Copies of the ordinance and file information are available for purchase at a cost of ten cents per page. An excerpt of the ordinance including the proposed changes is provided on the back of this mailing. For additional information concerning this ordinance you may call the Ashland Planning Department at 541-488-5305. Oral and written public testimony, regarding this matter will be accepted at the hearing. Written statements are encouraged and may be submitted prior to the hearing date. Mail written comments to John McLaughlin, Community Development Director, 51 Winburn Way, Ashland OR 97520, via FAX at 541-552-2050, or via E- mail at mac@ash1and.or.us. Failure to raise an issue in person or by letter prior to the close of the public hearing with sufficient specificity to provide the reviewing bodies opportunity to respond to the issue may preclude your opportunity for appeal on that issue. 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 number 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 meetino 128 CFR 35.102-35.104 ADA Title 1). Kl Minimum Densities in Multi-family Zones Minimum densities are intended to be one mechanism to ensure that enough dwelling units are developed in Ashland's multifamily zoned lands consistent with the Comprehensive Plan. Minimum Densities, in addition to a Maximum Density requirement, seek to use land inside Urban growth boundaries more efficiently by requiring development to be at or near planned densities. The proposed ordinance changes include a number of exceptions (see below) to allow reductions in minimum density for areas that have unique physical constraints (ie. flood plains), to allow for historic properties and small lots (less than 10,000 sq.ft.) to develop in a way that is consistent with their surrounding neighborhoods. Precise wording of the proposed changes and additions to the chapters 18.24 and 18.28 of the Ashland Municipal code is provided below: Base Densities. The density of the development shall not exceed the density established by this section including the density gained through bonus points. The base density shali be computed by dividing the total number of dweliing units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shali not apply towards the total density. Exceptions to minimum density standards are allowed in the following situations: 1. Lots less than 10,000sq.ft, in existence prior to (the date this ordinance is adopted), shall be exempted from the minimum density requirements. 2. Minimum Density requirements shall not apply in Ashland's Historic Districts 3. The portion of the site that has a conditional use is not included in the site for calculations of minimum density. 4. If a property is occupied by a single family home as of (the date this ordinance is adopted) the single family home can be enlarged, reconstructed, or replaced in the event of a natural hazard, without having to meet the minimum density requirements. 5. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the property an exception to minimum density requirements may be obtained to better meet the standards of Chapter 18.62 Physical and Environmental Constraints. 6. A site that is nonconforming in minimum density may not move further out of conformance with the minimum density standard. However, units may be added to the site which bring the site closer to conformance without coming all the way into conformance as part of a phased project that demonstrates the minimum density will be achieved. Should you have any questions please visit the City of Ashland web site (www.ashland.or.us). and you'll find questions and answers outlined under "Minimum Density Ordinance" within the "Document Center" (link in left toolba. of main page) or call the Planning Department at 488-5305 for further information Hz 10/19/2004 Re:Planning Action 2004-121 Members oIthe Planning Commission My name is BeverlyKenefick. I live at 1385 Windsor St and have done so for more than 12 years. Neither my husband nor myself have a financial interest in any property affected by this proposed ordinance and the only property we own is our family home. Since I have been in Ashland I have served on the Housing Commission and the Budget Commission. In the late 19708 and early 1980s I was a Planning Commissioner for the City of . Huntington Beach and on the staff of the Affordable Housing Office for the . County of Orange. I also served on the staff of the Orange County Transportation Commission. As a Commissioner. and as.aStaffPerson I was intimately involved in the effort to provide affordable housingin Orange County. My disenchantment with what 1 see as a piece meal, back-door approach to solving housing problems in Ashland is the subject of this letter. 1 oppose the ordinance being proposed today because I question the need for this ordinance. In reading the information from the July 27th Memo to the Planning and HousingCommissious, the staff report says that developers already build multi-family (privately-owned) units at maximum density due to high land prices and a strong residential market. This ordinance, therefore, is designed for a future problem that staff says affects approximately 70 housing units, and that is only if the housing market makes a radical change over the next twenty years. Thisbit-by-bit approach to problem solving usually brings with it a series of unforeseen consequences. According to the Staff Report, this ordinance will affect th{: rights of32 property owners; but in fact, rooo property owners have been notified of the proposed change. This ordinance, therefore, could have a much larger and differerttimpactthan suggested. In addition, it is my understanding that another ordinance is being written and will be presented after the Citizens vote on Measure 37. This ordinance I believe will redefine the term "multi-family" to refer only to rental units, which means that you will not only be telling property owners how many units they must build on their land, but that these units must be rental units -- whether the market needs rental units or not. 1 see ordinances like this propelling the proponents of Measure 3Tandadding to their base. 1 . believe in zoning and I am hoping for the defeat of Measure 37; however, I understand a Ii citizen's frustration when changes are made which materially affect their property rights for what others see as a community goal. When lwas on the Housing Commission, 90% of the commissioners feltwe had to do something about providing affordable housing, even if what was proposed, didn't work. 1 strongly disagree. Difficult problems are made worse when lUIIlecessary actions are taken. When 1 worked for the Affordable Housing Office 1 thought we were solving a problem in 1979 when we provided density bonuses and property exchanges to developers as an incentive to build affordable units, but all we did was give first time buyers wind-fall profits, and give the south county maximum densities and horrible traffic problems. That is why 1 believe that many times the solutions toptoblemsdesignedin good faith only complicate or increase the original problem. I would like to seethe question of affordable housingdeve1oped in a comprehensive manner, not in small bits and pieces. If the community wants more affordable housing, the council should consider a bond issue to ascertain community support. The money from a bond issue could be used to develop rental units on land owned by the City. It could provide city employees such as police and fire persons, who need a reduced response time, with money for a down payments on a home. Bond money can also be used to revitalize properties in town owned by low and moderate-income citizens. These loans secured by a lien on the property, preclude windfall profits for a first time buyer. When the property is sold, the lien is repaid. This money could go into a fimd for further affordable projects. .1 know there are other worthwhile uses for bond money, the proposals above are. just a few suggestions. I realize that the Planning Commission does not have the ability to direct the City Council to consider a Bond Issue to ascertain citizen support, but the Commission could requestthe consideration of such a concept. Please deny Planning Action 2004.121 and the one being proposed to designate multi- family housing as rentals. Please work with the council to get comprehensive plan that is supported by the community in a tangible way, and which is fair to all citizens. Iz.. {Brando~ G()kJman: Public H.e!lrinQ October 1~: Mi.~irn~m.pensi!y. "'.'~." '~"""<_N From: To: Date: Subject: <j.woosnam@comcast.net> <mac@ashland.or.us> 10/7/04 2:38:53 PM Public Hearing October 12: Minimum Density John McLaughlin Community Development Director Greetings! I have just re-reviewed the proposed changes for R2 and R3 zones as posted on the city's site. Fortunately for me, my home is wnhin the Historic District and, as I read this, should not be affected by the proposed changes. I would like to point out that although attention is to be given to environmental changes possible on properties to be developed at greater density, I have been the unwilling and unhappy victim of run off due to areas "uphill" from me developed in the past decade. Those properties were not adjacent to mine, nor were they nearby, but they were UPHILL from me on steep terrain and the change of density had undesirable effects to the stream running through my property. It has also affected my neighbors I think all Ashlanders should understand by now the problem of decomposed granite soil on the south side of town. When the property directly adjacent to me was changed from a single family dwelling to a set of townhouses, so much ground uphill was covered that the runoff - planned for in the building specs I have no doubt - still remains a problem. My foundation and basement areas can testify to the additional water which will always wish to take a shortcut......1 will responsibly deal with it my own expense of course. I only wish to remind those in favor of the changes as well as those who are not, that by adding in a paragraph about environmental issues which arise from higher density does not mean that anything will actually be done about it. Plans will pass the planning office and inspections will be done, but problems will continue. I also wish to voice the opinion that by 'wrapping' the downtown and historic areas of the city with R2 and R3 zones, n will effectively limit the area of 'gracious living' (I.e. Ashland style single family homes with gardens) with a band of condos and townhouses and appartments which are needed but will chop up the historic look and value of the town. I would also expect that because of this those homes within the protected areas will see a tax increase due to market forces. Thank you for reading and sharing these observations at the hearing. Sincerely, Julia Woosnam cc: John Enders, SOHS, FYI .- .",',,~- , ...~i,..~.l .P~.Q!Uj .,..,." I3 U\O....Q.:'7 ~OP'-\ \ \.,_t::.. 1..J CC'. ......J ' Q (~ \ 1 Ie (I, 0 e \ ~ (..U\' t e: Oc. . ~~ @ ~ 0 tV ~ ~ OCT 2 ctober 10, 2004 1 2004 ~ To the Planning Commission and to City Cou [Fh. Don't know much about city planning, but a remark by Russ Silbiger reported in the Tidings' front-page article of October 6 caught my eye. He said that the city currently lets developers build single-family homes in multi-family neighborhoods. He said he didn't think that was a good idea because of the issue of affordable housing. I live on Garfield Street in an apartment building, and I'm fifty-two years old. I've lived right here for seven years and have some thoughts about what makes for quality of life in my neighborhood. A balance of single-family homes (owner-occupied) and apartment buildings on a street definitely means a better quality of life for residents than simply a bunch of apartment buildings. Lots of people have the idea that Garfield St. and Lincoln St. are Ashland's ghetto, that this whole neighborhood is some kind of student-transient-Iow income- loser slum, and sometimes things do go on here that reinforce that conception. I don't want the city to reinforce that attitude by planning policy that makes the neighborhood worse instead of better. I care about this neighborhood. All ages live here, from the very young to the very old. I like to notice what's going on on my street, to get rental-property owners to be more cautious about the kind of people they rent to, to get the police to care about petty crime because I don't like seeing drug deals and property crime going on as if nobody cared at all. Lots of people who live here don't seem to give much thought to the neighborhood. They're too busy growing up and just passing through. When an apartment neighborhood is interspersed with single family homes, the neighborhood has permanent residents who do give thought to what's happening, who have a long- term interest and take responsibility in a civic way. I rode down Lincoln St. the other day and was sorry to see that an old house is being moved away from its lot and an apartment building is going to be built in its place. Lincoln St. already has enough apartment buildings for its quality of life. Two years ago, a house on Lincoln, in back of me, was torn down, and a single-family home was built in its place. From my perspective, it's great that a multi-family apartment building was not built there to make me feel even more crowded and claustrophobic than I already do. Instead of building more apartment buildings1n neighborhoods like mine, why not rezone single-family neighborhoods so that a few apartment buildings can be built in each of those. Spread the diversity throughout all the neighborhoods of the city, so everybody can see how the other half lives. -- itA ~ -L4