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HomeMy WebLinkAbout2098 Procedures for PA Approval ORDINANCE NO. 2098 AN OF~INANCE AMENDING ORDINANCE NO. 2052 AND CHAPTER 18.108 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO PROCEDURES FOR APPROVAL OF PLAN- NING ACTIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 2052 and Chapter 18.108 of the Ashland Municipal Code is hereby amended by deleting said Chapter currently entitled "Land Use and Ordinance Change Procedures" in its entirety, and replaeing said Chapter with a new Chapter 18.108 entitled "ProcedurE~s" which shall be as set forth in Exhibit "A" attached hereto and made a part hereof. The foregoing ordinance was first read by t:itle only in accordancE~ with Article X, Section 2 (C) of the City Charter on the .6-~ day of ~1ru-<J..:f:- . 1980. and duly PASSED and ADOPTED the 11ft.!- day of ~J~ . 1980. ATTEST: ~a/ ~ZdJL~. Nan . Fran in City Recorder - Treasurer SIGNED and APPROVED this .:.2~day of r .' ., ;.... --- .. \. ' land Use EXHIBIT "A" 18.108.010--18.108.030 ~ Chapter 18.108 '..,- PROCEDURES ~ Sections: .18.108.010 Purpose 18.108.020..Type of Procedures 18.108.030 Actions subject to Type Procedure 18.108.040 Type I Procedure 18.108.050 Actions subject to Type 2 Procedure 18.108.060 Type 2 Procedure 18.108.070 Action Subject to Type 3 Procedure 18.108.080 Type 3 Amendments -..Generally 18.108.090 Type 3 Amendments - Initiation 18.108.100 Type.3 Amendment - Action by the Commission 18.108.110 Type 3 Amendment - Action by the Common Council 18.108.120 Appeals 18.108.130 Public Notice and Hearing 18.108.140 New Applications 18.108.150 Effect. lB.l08.160 Application Deadline 18.108.170 Fees . 18.108.180 Councilor Commission may initiate procedures. . "' .. 18.108.010 Purpose. T~e purpose of this title is to establish standard procedures for approval of planning actions. 18.108.020 Type of Procedures. AI I Planning Actions wi II be subject to one of three procedures depending upon the nature of the request. Type 1, Type 2 , or Type 3 procedure wi I I be fol lowed in reviewing planning actions, and the steps set up for each type of procedure are described in the fol lowing sections. 18.108.030 Actions subject to Type 1 Procedure. The fol lowing .planning actions shal I be subject to the Type 1 procedure: 1) Site Reviews; 2) Minor Land Partitions and Flag Partitions which require no variances or only Type 1 variances; 3) Final approval of subdivision plats, or Performance Standards Developments; 4) Variances for: a) Sign Placement; r b) 50% variance of standard setback requirements; c:) 50% reduction in landscaping percent13ges or values in C-2 zone; d) Parking in setback areas; e) Up to a 10% reduction of the number of parking spaces; f). Up to a 10% reduction of the minimum lot area required; ~I) Up to a 10% increase in the max i mum percentage of lot coverage; h) Up to a 20% variance in lot width or lot depth requirements. 5) ~1inor amendments to conditions of approval establ ished by the Planning Commission. 6) Extension of time limits for zoning permits. ia ,. r .- .... ~ .' ~ .,.'1.. . land Use 18.108.040--18.108.060 ., J~' y 18.108.040 Type 1 Procedure. 1) Applications are submitted, with findings and the appropriate fee three weeks prior t~ the first regularly scheduled Planning Commission meeting of the month. 2) The Staff Advisor shal I act as a hearings officer and shal I . ~make his decision based on the c~iteria found in the land Use Ordinance and Comprehensive Plan. 3) The Hearings Officer shal I hold.a hearing with the applicant within 7 calendaf days after the deadl i~. A decision is render'ed and condi t ions for approva I are set at the heari ng. The Hearings Officer wi I I make written findings for each decision. . 4) Notice is mai led to affected property owners .informing them of the Hearings Officer's ~ecision and giving them 7 calendar days to request a public hearing before the' Planning Ccmmission. Such request for a hearing must be submitted in writing to the Planning Department within the 7 days. 5) if no req~est fo~ a hearing is received, the Planning Cc~ission wi I I review the Hearings Officer's decision at its re=gu I ar I y schedu I ed month I y meet i ng. At th is rev i ew, the Cc)mm i ss i on may: . a) Approve the decision of the Hearings Officer; b) Amend the decision of the Hearings Officer; in such case the planning action shall be renoticed .as in a Type 1 procedure, except the Commission sha II not rev i ew the act i on aga in. c) Cal I up the action for Type 2 procedure at its next regularly scheduled Planning Commission meeting; 6) If the action. is not cal led up for a Type 2 hearing, it wi I I ~ become effective the day after the Planning Commission reviews the'decision, except when the action is amended by the Cc~ission under S(b) above, in which case the action shal I becom~ effective 7 days after notice is mailed, if no objections are received from affecte~ property owners. 7) The applicant may reque~t a Type 2 hearing. : 18.108.050 Actions subject to Type 2 procedure. The f~1 lowing actions shall be subject to the Type 2 procedure: 1) Conditional Use Permits; 2) Variances which are not subject to T.ype 3) Preliminary Subdivision approval; 4) Preliminary approval for Performance Standards Developments; 5) ~~jor land Partitions; 6) Final plans for Performance Standards Developments for which no outline plan was fi led. 7) Any Type 1 planning action for which a hearing has been requested; 8) Any appeal of a staff decision or interpretation. .', ! . ; pr:-ocedure; .i ., . I 18.108.060 Type 2 Procedure. 1) Th~ applications are submitted with findings and the appropriate fee to the Planning Department three weeks prior to the first regularly scheduled Planning Commission meeting for the month. 2) Notices of the hearing are mal led to affected property owners 10 days prior to the meeting date. . 3) A public hearing is held by the Planning Comm~ssion and a d,ec is ion is rendered. 4) The Planning Commission decision may be appealed to the City Council within 15 days from the date of the Planning Commission decision. . ~Jr "'-.~,\f .. -,' ,land Use 18.108.070--18.108.110 . .. 18.108.070 Action subject to Type 3 Procedure; The fol lowing planning actions shall be subject to the Type 3 procedure: . 1) Amendments to Zoning Map or Zoning Ordinance Text; 2) Amend~ents to the Comprehensive Plan Map or Comprehensive Plan T e:><t ; 3) Annexations; 4) Ur-ban Growth Boundary Amendments: 18.108.080 Type 3 Amendments - Generally. Type 3 amendments are applicable ~whenever there exists a public need, the need to correct mistakes, the need to adj ust to new cond i t ions; or where compe II i ng circumstances relating toO the general public welfare requires such an amendment. . ..... 18.108.090 Type 3 Amendments - Initiation. Type 3 amendments can be initiated by: A. Resolution of intention 'of the Planning Commission. B. Reso I ut i on of intent i on of .the Common Counc i I . C. Application by one or more property owners, or their authorized agents, of property affected by the proposed amendment. The application shal I be filed with the Staff Advisor to the Planning Commission and shal I be accompanied by a legal description of the property or properties affected, and a map showing the pr'operty or properties affected within a radius of three hundred feet of the exterior boundaries thereof. -"~ .- ~. 18.108.100 Type 3 Amendment-Action by the Commission. A. Public Notices for Type 3 amendments shal I be sent by mail to property owners within 300' and published in a newspaper of general circulation at least 30 days prior to the meeting of the Citizens Planning Advisory Committee. B. Following the aforesaid hearing, the Commission shall make a r~port of its findings and recommendations with respect to the proposed amendment and shal I fi Ie with the Counci I, an attested c:opy of such report with inn i nety days a fter not i ce of sa i d hearing; provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. If the Commission deems it advisable, it may . r-ecommend that the area under consideration for change in classification be enlarged or diminished or be reclassified to a district other than the district originally initiated. C. lJpon the consent of the Comm i ss i on " any pet i t i on for amendment may be withdrawn upon the written application of " a majority ()f all persons who signed such petition. The Counci lor the (~ission, may by resolution abandon any proceedings for c~n amendment initiated by its own resolution of intention, .provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held. ., 18.108. 110" Type 3 Amendments - Action by Common Counci I . .A. Upon the filing of the Planning Commission's report with the Counc i I or upon the exp i rat.i on of such ninety days, as aforesa i d, the matter shal I be set for public hearing as provided in Section 18.108.130 of this Chapt~r. :... I ~.'~ -<'1 ." ~... land Use 18.108.110--18.108.120 . . .. B. The Council shall render its. decision within sixty days after the receipt of the report and recommendation of the Commission, . or within sixty days after the expiration of such ninety days ciS aforesa i d. C. If the Counci I proposes to adopt an amendment that is substantially clltered from the recommendation of the Commission, the Counci I n~y refer said proposed amendment back to the Commission for r~port and recommendation before adoption. The Commission sh~ II. cons i der sa i d amendment with in th i rty days of sa i d referra I clnd report thereon at the next regu I a r meet i ng of the Counc i I . Failure to so report wi I I be deemed to constitute approval by the Commi ss ion. . D. Amendment shal I be by Ordinance only. Such .ordinance shal I <:onta i n a II find i ngs of fact as requ i red by state I aw and I oca I regulations. Said Ordinance and amendment' shal I be valid only Un relation to the findings contained therein. Findings shal I address public need questtons in relation to the zoning district. generall~, not only for a specific use. . . .E. J\n ordinance amending the zoning map to a classification permitting intensification or establishment of a residential use shal I be ~ioid eighteen months after enactment unless the' applicant has IDade substantial improvements as specified by the Council. -rhis limitation is intended to address State Planning Goals .and City Comprehensive Plan goals and policies relating to provision 4)f adequate housing, efficient use of public facil ities, and maintaining a compact urban form through use of available urban land pr i or to comm it i ng new I and to deve lopment. It sha II a I so be construed to serve as support for the applicant's demonstration lof a sincere desire to meet an existing public need. .) - .,.:{ . ............. oj. 'to... 18.108.120 Appeals. A. The Commission shal I have the power to hear and decide appeals based on the enforcement or interpretation of the provisions lof th is Tit Ie. B. Any appeal from a decision relating to the enforcement or" rnterpretation of this Title, unless otherwise specifically provided for this Title, shal I be in writing, and shal I be ffled with the Commission within fifteen days after such decision; such appeal shal I set forth the reasons therefor. C. Any appeal of a staff action shai I De a Type 2 procedure. The Comm i ss i on sha I I cons i der-" such appea I and render its dec is i on within sixty days after the fi ling thereof. D. In case any interested person- is not satisfied with the action of the Commission on his appeal, he may within fifteen days after the action of the Commission appeal in writing to the Common Counci I. . E. Notice shal I be given to the Commission of such appeal and a report shall be submitted to the Counci I setting forth the reasons for action taken by the Commission or it shall be represented at the Council meeting. F. The Common Council shall affirm, reject, or modify the Commission's decision within sixth days after the filing of such appeal. " '""':,, . . - . : ~.t .... Land Use ~_..~-----_._-~~--------_.._----___~__._ 1 18. 1 Db. 1 3()-- 1 8. i C!t:. i ~." 18.108.130 Public notice and hearin~. Pub I ic notice shal I be given as for rO\l/5 except' that Notice for Hearings before the Counci I involving Comprehensive Plan or implementing ordinances related to zoning shal I be given thr-ee times with i n the week of the meet i ng in a newspaper of genera I ... .circulation within the City. Notice shal I be sent by mai I at least ten days prior to the initial hearing (except for changes in the text and maps of the Comp rehe'ns i ve P I an, Zon i n'g Ord i nance, Subd i vis i on Ord i nance, and other- implementation measures, in which case thirty days notice shall be given prior to the meeting of the Citizens' Planning Advisory Committee) to the following persons: A. The Applicant. . B. In al I actions involving changes in the text or maps of the Compre- hensive Plan, Zoning Ordinance, Subdivision Ordinance, or other . implementation measures, notice shall be given to al I property owners or contract purchasers of record, and all renters where it is known that a dwel ling unit is being used as a rental, within three hundred feet of the property which is the subject of the application. In actions involving conditional use penmits, variances, subdivisions, and partitions, the Notice distance shall be two hundred feet, and notice shal I be sent to all property owners or contract purchasers of record. In actions involving site review and Temporary Use Permits, notice shal I be given to property owners with property either contiguous or immediately adjacent. The failure of the property owner, contract purchaser, or renter to receive Notice shal I not invalidate the action if a good faith attempt was made to notify all persons entitled to personal Notice. C. Any other person or ad hoc neighborhood organization consisting of more than 4 persons residing in the'general area requesting Notice in writing, if the person or persons so requesting demon- strate that they may be significantly and directly affected by the outcome of the hearing. D. Notice shal I also be given by publ ication in a newspaper of general circulation in the City at least ten days prior to the date of hearing for Type 2 and Type 3 procedings. E. The hearing'may be continued from time to time as necessary to gather additional information on the appl ication, and no additional Notice need be given unless so ordered by the Council or Commission; provided however, that if the proposal is tabled without a date and time certain, that additional Notice as originally required herein shal I be necessary. A Public Hearing shall be held within sixty days of application, with final decision rendered by the Commission within ninety days of application, unless continued by mutual agreement of the Commission and the appl icant. 18.108.140 New applications. In case an appl ication is denied by the Commission, or, on appeal by the Counci I, unless specifically stated to be without prejudice, itshal I not be eligible for resubmittal for one year from date of said denial, unless, evidence is submitted that conditions have changed to an extent that further consideration is warrante:d. .- : "'",; ..... land Use 1 8. 1 (J (:. !:- ~,- - - . ~ 'Y.~. i 7 0 0, 18.108.150 Effect. riO bui 'ding or zoning permit shall be issued for any act i on under' th i s Tit fe unt i I the ef fect i ve date for such act ion. An appeal from the Commission decision shal I stay permit issuance unti I act ion by the Counc i I . I f the Counc i I finds. in favor of the app I i cant, the permit shall be issued immediately thereafter. 18.108.160 Application deadline. AI I applications for hearing before the Planning Commission shal I be submitted three calendar weeks before the first regular' meeting of any given month. This shal I not apply in the case of text or map changes ,to the Comprehensive Plan or implementing ordinances, in which case application shal I be made six weeks prior to the meeting. 18.108.170 Fees. Fees for applications under this Title, and for the related land use actions of annexation and comprehensive plan amendments shall be as fol lows: (fees are non-refundable, except as noted) Pian or Ordina~ce Changes; Annexations and Urban Growth Boundary Amendments $500., plus $250. on each concurrent action on the property. Planned Unit Development Subdivisions, Major & Minor Land Partitions $200. minimum, plus $20. per lot for the first 10 lots; $5. per lot thereafter. Minor land Partitions requiring administration approval only. $100. minimum for administrative items plus $10. per lot. Varianc~e, Condition~1 Use Permit $50. minimum, plus $10. for each $1,000. of value to $20,000. $5. per $1,000. of value thereafter, total fee not to exceed $250. for a variance or $500. for a conditional use permit. Site Review $50. minlimum, plus $5. per residential unit or each 100 square feet of commercial floor space, or each 100 square feet of industrial space, the latter not to exceed $500. J Signs F S10. plus $1. per square foot. Appeal from Commission decisions. S50. all but $10. of which is refundable if appeal is successful. 18.108.180 Councilor Commission may initiate procedures. The Planning Commission or-City Counci I may initiate any Type I, I I, or III procedure by resolution by the respected body. ....