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HomeMy WebLinkAbout2115 Performance Stand. Options ORDINANCE NO . 2115 AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTER 18.88 OF THE ASH- LAND MUNICIPAL CODE RELATIVE TO PERFORMANCE STANDARDS OPTIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.88 of the Ashland Nunicipal Code shall be amendea-IQ its entirety and shall read as follows: "18.88.010 18.88.020 18.88.030 18.88.0L~O 18.88.050 18.88.060 18.88.070 18.88.080 18.88.090 18.88.100 18.88.110 Purpose and Intent Definitions Procedure for ADDroval Performance Sta~~ards for Residential Developments Street Standards Parking Standards Setbacks P-Overlay Zone Performance Standard Guidelines Convenience Markets Applicability of Other Sections of the Land Use Development Ordinance. l8.88.Qlq Purpose and Intent. The purpose. and int7nt of th~s chapter is to allow an option for more flexlble deslgn th~n 1S permissible under the conventional zoning codes. The deslgn should stress energy efficiency, architectural creativity and innovation, should use the natural features of the landscape to their greatest advantagE~, should provide a quality of life equal to or greater than th2-t provided in developments built under the standard zoning codes, should be aesthetically pleasing, should provide for more efficient land use,. and should minimize the impact of development on the natural environ~ent and neighborhood. 18.88.020 Definitions. The following terms are defined for the purpose of thlS chapter and do not apply otherwise to the Land Use Ordinance. A. Convenience Market. A market supplying convenience food and drugs primarily to nearby residents. B. Home Owners Association. A home owners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dvlelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. -1- QEen Spa~e" A corrnnon area designated on the final plans of the deveopcent, permanently set aside for the common use of the meQbers of the home owners association, which open area ~ay b~ landscaped and/or left with a natural vegetation cover, .and In WhlCh area no thoroughfares, parking areas, or improvements other than recreational facilities are located. Open Space Lot. An open space lot is a parcel which abuts upon an open space for a distance of ten feet or more. Public Sidewalks. A public sidewalk is a pedestrian walkway for the general public through the development open space and common areas and replaces a sidewalk which would have been located adjacent to a through street. G. D. E. F. Walkway. A walkway shall mean a pedestrian pathway within a development for residents and guests. 18.88.030 Procedure for Approval. A. Outline Plan. 1. The outline plan shall be optional for any development of less than lO units. It shall be mandatory for all other developments. 2. A Type II procedure, as defined in this ordinance, shall be used for the approval of the outline plan. 3. Contents. The contents for an outline plan shall be.as follows: a. The approximate topography in contour lines at not less than 5 ft. intervals. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property lines and easements on the site, and existing buildings, structures, and trees greater than 6" in d. '0' . ~. 'h h . d" l..ameter or.... J...n ..~e1.gut on t.. e propertl.es a Jacent to-the site within 160 ft. The-approximate locations of all proposed thoroughfares, walkways and parking facilities. Public uses, including schools, parks, playgrounds, open spaces, and trails. Public or private utilities. General areas of cuts and fill. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. The location and direction of all watercourses and areas subject to flooding. Elevation of typical proposed structures. The elevations should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware for heating and cooling. b.. c. d. e. f. g. h. i.. -2- j . ~ A preliminary written statement which will contain an explanation of: 1) The character of the proposed development and the manner in which it has been designed to take advantage of the Performance Standards concept. 2) The proposed manner of financing. 3) 4) 5) 6) 4. The present ownership of all the land included within the development. The method proposed to maintain common open areas, buildings and private thoroughfares. The proposed time schedule of the development. The findings of the applicant showing that the development meets the criteria set forth in this ordinance and the Ashland Comprehensi.ve Plan. 1~e Planning Commission shall approve the outline plan ~men it finds the following criteria have been satisfactorily met: . Cl. Th.at the development is consistent with City plans and with the stated purpose of this chapter of the Land Use Development Ordinance. b. That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. e. That the development design minimizes any adverse effect on the areas beyond the project site and that the neigh- borhood be considered in the design of the development. d. That adequate public facilities can be provided, including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. e. That the development of the land and provision of ser- vices will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. f. That there are adequate provisions for the maintenance of open space and common areas, that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire development. g. .That the total energy needs of the .development have _been consi~ered and are as little as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical. h. That all other applicable City ordinances have been complied with. Approval of the outline plan a. The Planning Commission may extend the public hearing to gather more information. b. The Planning Commission may approve or disapprove the- preliminary application or require changes, or impose conditions of approval which are necessary in its judgment to ensure conformity with the outline plan approval section and the purpose and intent of this chapter. . 5. -3- c. ~fter an outline plan, which has had a public hearing, ~s approved, ~he.develoI?er may then file a final plan ~n phases or ln 1ts entlrety. However, a final plan may not be filed until the Council adopts any zone change necessary for the development. d. If an outline plan is phased, 50% of the value of the recreational amenities shall be provided in the first phase and all recreational amenities shall be provided when 2/3 of the units are finished. B. Final Plan. l. Procedure for approval. Type I procedure as defined in this title shall be used for approval of final plans, unless no outline plan has been file , in which case a type II procedure shall be used, and the criteria for approval of an outline plan shall also be applied. The final plan may be filed in phases as approved on the outline plan. If the final plan or the first phase of the plan is not approved within eighteen (18) months from the date of the approval of the outline plan, then the approval of the plan is terminated and void and of no effect whatsoever. Extensions may be granted as a Type I procedure. Contents. The final plan shall contain a scale map or ma.ps showing the following for the development: a. The topography in sufficient detail to determine the grades and character of the site as they relate to the improvements in the adjacent area. b. Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private. c. The location, layout, and servicing of all off-street parking areas. d.. The property boundary lines. e. The individual lot lines of each parcel that is to be created for separate ownership. f.. The location of easements for water lines, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, and telephone lines, telephone cable and lighting plans. g. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to be retained. h. Common open areas and spac~s, and the particular uses intended for them. i. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, playgrounds, schools, public.buildings, a~d deeds and clear title to the lands. 2. 3. 4. -4- - -. --..--. 5 . j. A plan showing the following for each existing or pro- posed building or structure for all sites except single- family, detached housing which meets the parent zone setbacks: 1) Its location on the lot and within the Planned Unit Development. 2) The intended use. 3) The number of dwelling units in each residential building. k. Elevation drawings of all typical proposed structures except single-family, detached residences which meet parent zone setback requirements. The drawings shall be accurate and to scale including all attached exterior hardware for heating and cooling. .1:____A selection of the exterior materials for all buildings. m. Manner of financing. --.-.- --- - --- n. Development time schedule. o. If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that required in a subdivision section of the Land Use Development Ordinance. p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and plans for street improvements and grading or earth moving improvements. Criteria for final plan approval. Final.plan approval shall be granted upon finding of substantial conformance with the detailed plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased opeD space provided that if this is done for one phase, the number of dwelling units shall not be trans- ferred to another phase, nor the open space reduced.below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. It is not the intent nor shall these modifications be used to increase the total area covered or decrease the total open space as approved by the Planning Commission. Sub- stantial conformance shall exist when comparison of the detailed outline plan with the final plan shows that: a.. The number of dwelling units are within 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings are within lO% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this title. e. The open spaces are within lO% or less of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline. plan by more than 10%. Ie. The building elevations and exterior materials are in conformance with the purpose and intent of this title, and the approved outline plan. -5- .r: L . That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to insure that the performance level committed to in the outline plan will be achieved. g. Any amendment to an approved final plan shall follow a type I procedure. l8.88.040 :Performance Standards for Residential Developments. A. Base Density. The density of the development shall not exceed the densities established by this section. The density shall be computed by dividing the number of dwelling units by the total acreage of the project inlcuding land dedicated to the public; fractional portions of the answer derived will not be considered. The base density for residential zones in the City of Ashland shall be as follows: Zone Density RR.5 l.5 dwelling units/acre R1~lO 3 dwelling units/acre Rl-7.5 4 dwelling units/acre Rl-5 5 dwelling units/acre R2 l3 dwelling units/acre R3 20 dwelling units/acre however, in no ~ase shall the overall density permitted be less than that which would have been allowed under subdivision regul---ations. The base density may be increased by the percentage gained ~hrough bonus points. In no case, shall the densities exceed those permitted by the Compreh~nsive Plan. B. Bonus Points. Bonus points may be awarded for developments if they are found to.have conformed to one or more of the followin~ seven area. for bonus pOlnts. The maximum bonus permitted shall be 40% for developments of less than 2 acres in size nrless than 200 f~et in averag,e wid_th, and_ 60% for developments greater than 2 acres and greater than 200 feet in ~verage width.- To qualify for density bonuses, the project must qualify for bonuses in at least 3 differ- ent categories, and must achieve at least a 570 bonus in each of the three categories. Only one of the minimum of three categories can be from category 1 or 2, however, additional bonuses may be achieved from both category 1 and 2 after the minimum has been met. I. Ener~y efficient housing.' -The a~erage of all struct~r~s ~n a Performance Standa-rds Development credited for solar heat :q.sed in space heating shall be used' in determining the bonus points awaJ;:'ded for the project. The heat needs shall be computed on an annual basis, and shall be expressed in BTU's per degree day, per square foot of conditioned area. -6- The bonus points shall be awarded as follows: Average of less than 4 BTU/DD/FT~ = lO% bonus / / Average of less than 3 BTU/DD/FT2 = 20% bonus / Average of less than 2 BTU/DD/FT2 = 30% bonus Average of less than 1 BTU/DD/FT 40% bonus - .-." - - -.----- -. . .-- .. --- - 2. Bonus for renewable resource hot water heaters. If each structure in the project has a renewable resource hot water heater where renewable energy resources provide more than 50io of the annual hot water energy needs, 5io bonus. 3. Provision of common open space. . a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands, playgrounds, active or passive recreational areas, and siQilar areas in c~mpon o\vnership. b. Standard. For every project which dedicates more than 10% of the project area for common open space, a l% bonus for each 270 of total proj ect area in common open space. Maximum bonus is l5%. 4. Maintenance of existing land contours or tree cover. a. Purpose. Points are awarded for lack of major altera- tions to the site such as excavation, retaining walls, steep road cuts, cut and fill techniques, extensive grading, and removal of tree cover. Lands which already have been significantly graded or natural vegetation removed will not be eligible for bonus points \lnder this section. Points are awarded on the basis of Planning Commission evaluation of the development proposal. b. Standard - Level of site disturbance. Minimal or slight disturbance. No excavation other than for foundations. Road follows contours of land. No or very minor tree removal and grading. 5% bonus increase. 5. Provision of major recreational facilities. a. Purpose. Points may be awarded for the provlslon of major recreational facilities such as tennis courts, swimming pools, playgrounds, or similar facilities. b. Standard. For each percent (l%) of total project cost devoted to recreational facilities, a 2% density bonus. A maximum of 10% inc;-ease may be awarded. 6. Provision for good design characteristics. The Council sha+l establish specific design standards, with a bonus for each design standard met in the Council's guidelines. The maximum bonus under this category is lO%. 7. Provision of moderate cost housing. If 50io of the units meet the following performance standards, density bonuses may be permitted as follows: a. Affordable for persons whose income is l.2 times the median" income for Jackson County - 5% density increase. b. For projects affordable for persons whose income is equal to the median income for Jackson County - 8% density increase. -7- . I c. Fut: PI"oj eeL which-- are affordable for persons whose income is equal to .8 times the median income for Jackson County - 15% de~sity increase. Affordable means that the annual mortgage payments, with no more than a lOlo down payment required, or the annual rent for a unit equals no more than 28% of the income level for which the density bonus points are being applied. Projects must be government financed with a guaranteed sale price, interest or rental rate, or the sale or rental price must be guaranteed according to standards set in the Council's guidelines (Sec. 18.88.090). 18.88.050 Street Standards. The following street standards shall apply to developments under this chapter. Street standards shall be established by the anticipated average daily travel on the streets. The Institute of Transportation Engineers standards shall be used in determining the average daily travel of streets in a development. A. Street Types. - - .-~.- - - - ... - - - 1. Collector. Average daily travel of over 800 vehicle trips per day. Standards are the same as for the subdivision regulations required in this title. Sidewalks must be provided on collectors. 2. Sub-collector. Average daily traffic from 200 to 800 vehicle trips per day. The same standards as the sub- division code shall be used. However, parking spaces may be eliminated and the street reduced to 24 ft. if parking spaces are provided in parking ba.ys or off-street public parking lots. No sub-collectors may be dead-end streets w1less loop streets are impractical due to topography or other reasons. Pedestrian traffic must be accommodated on sub-collector~ in either on-street sidewalks or off-street separated paths. Sub-collectors must be dedicated as public rights of way. 3. Lane. Average daily traffic lOD to 200 vehicle trips per day. Lanes shall be at least 20 ft. wide, shall be two-way, and shall have curbs and gutters. Lanes should be looped to a higher order street whenever possible. Dead-ends may be provided on a lane as long as a turnaround is pro- vided. Sidewalks or other means of pedestrian travel physically separated from auto traffic shall be provided. 4. Place. Average daily traffic 1 to 100 vehicle trips per day. A place may be. a dead-end street no more than 300 ft. in depth from a higher order road. The width should be 20 ft. wide with no curbs or gutters required. Adequate turnaround shall be provided according to standards estab- lished by the Planning Commission. " 18.88.060 Parking Standards. Parking standards shall be the same as otherwise provided for in the Ashland Land Use Development Ordinance. m1ere streets with no on-street parking are provided, at least one half public parking space per dwelling unit shall be provided in parking bays along the street or in a public off-street parking lot for collectors, sub-collectors and lanes. " -8- 18.8 8.070 Setbacks. A. Front yard setbacks adjacent to. collectors shall have the same setback as required in the parent zone. B. Setbacks shall be the same as required in the parent zone on the perimeter of the property. C. Maximmn heights shall be the same as required in the parent zone. D. One-half of the building height at the wall closest to the adjacent building shall be required as the minimum width between buildings. E. Solar access setback. No structure in the". per':Eormanc;e"Stand?:r_ds O"p- tion shall be shaaea on the south vlindows, nor shall it shade the south wall of another structure fro~ Sept. 2l through Mar. 21, from lO:OO a.m. to 2:00 p.m. local solar time. This requirement may be varied by the Commission on the sole finding that sola.r access is not reasonably attainable due to circumstances beyond the control of the property owner, or that the project is designed to fully utilize available solar energy without IDeeting this standard. " F. Any single-family structure not shown on the plan must meet all the setback requirements of the parent zone. l8.88.080 P-Overlay Zone. I A. The purpose of the P-overlay zone is to distinguish bet\veen those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. B. All developments, other than partitionings, which involve the "division of land, or development of individual living units, in the p-overlay areas, shall be processed under this chapter of the Land Use Ordinance. The minimum lot size for one unit shall be the same as in the parent zone. C. In a :P-overlay area, the granting of the application shall be considered an outright permitted use, subject to review by the Commission for compliance with the standards set forth in this ordinance and the guidelines adopted by the Council. D. If a parcel is not in a P-overlay area, then development under this chapter may only be approved if one of the following conditions exist: 1. The parcel is larger than 2 acres and is greater than 200 feet 1n average. width, or; -9- 2. That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact, or; 3. The property is zoned R-2 or R-3. l8~88.090 Performance Standard Guidelines. A. The Counc.il may adopt guidelines for performance standards develop- ments by resolution. These guidelines may contain: .1) Administrative rul~s for performance standards developments. .2) Methods of achieving bonuses recorrnnended by the Council. .' 3) Additional standards and recommendatlons reg~rdlng project and unit design and layou~, land~capln9' street furniture , and other aesthetlc conslderatl<?ns. Q Interpretations of the i~t~nt and purpose of thlS chapter, applied to spec1..f1..c .examples. . 5) Other informational or educatlonal materlals the Council deems advisable. -----" ------- B. Before the Council may adopt or amend the Guidelines, a Type II public hearing must be held by the Commission, and their recommen- dation and a summary of the hearing be forwarded to the Council for their consideration. .- .-------- -- 18.88.100 Convenience Markets. Convenience Markets may be located as retail service areas. No more than 20 square feet of net retail space per dwelling unit of a Performance Standards development may be provided. No development of less than 50 units may provide this service. 18.88.110 Applicability of Other Sections of the Land Use Develo~~~t ~rdinance. Developments exercising the performance standards option shall be required to meet all other applicable sections of the Land'Use Development Ordinance except for minimum lot size, lot width, lot depth and setback requirements, and except as otherwise provided in this chapter. All public improvements and commonly owned areas in a Performance Standards development shall follow the same procedure as a subdivision for bonding. 18.88.120 Solar Access Covenants. A. All developments approved under this chapter shall include restrictive covenants which shall apply to all parcels of . property within the development. The covenants shall prohibit the shading of a solar collector during the collector use period by structures not included on the approved final plan, or by any vegetation not existing at the time of approval of the final plan. . ." B. All terms used in this clause are defined in Section 18.70 of this title." -10- . . I ~ The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the~~ day of January , 1981, and duly PASSED and ADOPTED this':?<J ~ day of 7)-A~~ ,1981. ATTEST: ?;)/uv~ ~~~ Na E. ank ~n City Recorder - Treasurer SIGNED and APPROVED this~J~ay Of~~A_~ ?f:.~ ~~~~ L. Gordon Medari's Mayor , 1981.