HomeMy WebLinkAbout1797 Amends Zoning Ordinance
ORDINANCE NO. 1797
AN ORDINANCE AMENDING ORDINANCE NO. 1361, THE ZONING ORDINANCE FOR THE
CITY OF ASHLAND, RELATIVE TO PLANNED UNIT DEVELOPMENTS, AND DECLARING
AN EMERGENCY.
"nE PEOPLE OF TIlE CITY OF ^SIlL~ND no ORDAIN AS FOLI.OWS:
SECTION 1. Neh' Scctions shall be added to Ordinance
No. 1361, \dlichshall 1"c3d as fo1lO\v5:
"Section 3. (39-1\) PL^r!~ED UNIT DEVELOPHENT..
AtIcvclopmcnt on land uIH..lcr urllticd control according to
comprchcnsivc plans :and a single development plan for liscs and
. .buildings related to the character, of the district Hi th a
program for operation and maintenance of common areas.
Section 9, (2)
Add Cd) Resid~ntial planned unit dcvc1b~mcnts when
authorized in accordance \-lith Section 42.
Section 10. (2)
Add (c) Residential planned unit developments Khen
authorized in accordance ,...i th Section 42.
Section 11.'.(2)
. ACfc11e) Residential planned unit dev~lopments ",hen
authorized in accordance with Section 42. '
SectionlZ, (2) .
Add (11) Res idcntial' planne~. llni t developments ,.;hcn
authorized in accordance with Section 42;
Section 13, (2)
1\Jd (f) Residential and commercia.i- planned unit
developments \.;hen authorized in ac.cordance ,-:i th Section 4Z.
Se c t ion 14. ( 2 )
J~e) Residential and com.iTIcrcjal planned uni t
developments \dlen authorized in acco~'dan~e \\'ith Section 42.
Secti.on IS, (2)
Add' (j) Residentia1.and commercial planned unit
de~elopmcn ts \\'hen authorized in accordance ''ii th Section 42.
Section '16,0. (2)
Addlf) Residential, commercial and. industrial planned
unit developments ,.,rhen.authorized in a.ccordance ,,'ith Section 42."
. SECTION 2. A new Section 42 shall be added to Ordinance
No. 1361, \dncllSFlall read as fo1loHs:
'! (1) Purpose.
The purpuse of this se.ction is to encouTagl: appropriate
dcvelopmcnt of lantl,to alloN comprehensive planning on large
sites, and to provide flexibility in the application of certain
Tcgulations in a manner consistent with t.hc intent of the
zoning ordinance and'the comprehensive plan, thercby pi-omoting
economical and efficient land usc, an improved levcl of
amenities, ap,Propriatc. and harmonious variety in physical
dcvelopmcnt,'cTcative design and the creation of a better
cnviro111acnt for living, sh.opping and \\'orking.
(2) General Conditions.
(a) The applicant' can be an o\,'ncr or group of o\"'ncrs t.
a~~ent, or a person having an option on a tract of L\1H.l. .
Unless sta ted ;15 a COJHliti<?Jl an applicant may, upon appl'ov:ll,
t r a Jl S [ C r II eve lop J11 C n t rig h t:; \\'1. t h t It e s a I C 0 f pro 11 l' r t y a $ ,In n } ~
as thc de\'elopment is maif}taincd in strict conformance \,'J th t.1~c
approved pc rllli t allll JavC'lopmcnt plan.
(1.>) The rollo""inl~ arc permitted uses unuer Plannel\ 1I1\i t
Development.
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1. Planned Residential Developments m~y consist of
single-fnmily dwellings, duplexes, multiple-family d~cllings,
accessory buildings and uscs, a commcrcial service supported
mainly by planned unit dcvelopmcnt, and buildings and uscs
listcd as pcrmitted outright or conditionally in the parent
zone on which the developmcnt i~ located. ,
2. .Planned commercial and industrial.developments may
allow buildings or uses listed as permitted outright or
conditionally in the parent zone o~ which the developrnen~ is
located.
(c) Uses and buildings of the development must follow city
~lans and objectives, ~nd conform to the s~ated purposes and'land
intensities of the parent zone, or a zone change must accompany
this Planned Unit Development application. ~1axirnum allowable
residential densities are determined by dividing the total area
.within the project boundaries less the' area of the interior streets
by the mini~um lot size. InterioT streets shall be no less than
t\\clve (12) feet for one'-way streets, t,.;enty-two (22) feet for
t,,,,o"'\'lay streets, and these minimum Hidths shall be used for
computing maximum density. Reductions in density may be required
due to topography and/or to satisfy the intent of Section 42.
'(3) Tentative Revle".
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(a) Required Information
1. A drawing to scale showing the relat~onship bet"een
buildings, circulation and parking areas, open space and
existing physical features..
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2. A written statement outli~ing the methods of utility
service, number and types 01; d,...elling uni ts, heights of
buildi>>gs, landscaping, and methods of retaining and main-
taining open space.
(b) Required Action.
1. The developer and city staff shall meet to determine
if the requirements of Section 42 - 1,2,3 have been met.
Preliminary Approval.
(a) Rcqui red Fee and Information. .' .
1. A filing fee of $75.'06, no part of which is
refundable.
2. An accurate map.of existing conditions showing a
-contour map with contours at an interval of two (2) feet for
ground slopes of less than ten (10) percent, five (5) foot
intervals for ground slopes over ten (10) percent; location
..and direction of all water courses; natural features; city
boundarics within five hundred (500) feet of. the development;
existing or prior-platted streets and easements; public.
facilities, and existing utility lines.
3. An accurate preliminary development plan of the entire
dcvelopmcn t sho,...ing s tree ts, dri vc'vays, pede s t r ian \,oays, off-
street parking and loading ~reas, location and approximate
dimensions of structurcs, utilization of structures, including
activities and the number of living units, major landscaping
featurcs; relevant operational data, drawings and/or elevations
clearly establishing the scale, character and relationship of
buildings, strects ahd open space.
· .4. A writtcn statemcnt of proposed name of Planned Unit
ncve10pment, location by legal description and numcs and
addresses of applicant, o\oJJ1ers, and designers of the Pla.,nned
Unit Development. Developments over t,vo acres shall have a
registcred engineer or surveyor and a registered 'architect as
part .of. the design team. . '
S. A stage development schedule showing intended starting
and compJction dates.
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.6., Oth:r inf~rmation mny l?c required by the Plnnning
Comrnlsslon Includln1~ but not limited to poooibZ(? [utIU'(J
de vel. 0 p li/ C II t P 1 a ~w J S 0 i 1 san den f~ i n (' c r inn r~ c 0 log i c aIr cpo r t s.
and ~)tll(.~r studies to the specif~cations of the Plunning .
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tb) Action Required.
1. A public hearing shall be held pursuant to the pl.-o\-i-
sions of Scctic~ 39 (2).
2. In order to insure a develounent in accord ~ith the
stated purpose of ~his section a~d ~O narrant exceptions to the
Zoni~g C~di~an~e ~he ap?lica~t shall present a~equate evidence
to support fincings on the follo~i~g i~ems.
a. That the project ~i11 be a benefit to the city and
to the general public.
b. That the develo~=ent is consistent with City plans,
and ~ith the stated purp~se of the district of the Zoning
Ordinance.
c. That the existing and natural features of the land
have been considerec in the plan of the cevelop=en~ and
icportant fea~ures utilized for open space and co~on areas.
d. That the ceveloD~ent nill no~ have a substantial
adverse effect on t~e area surTou~ding ~he project site.
e. That the develop=ent ~ill be planned and constructed
to insur~ a high degree of safety for users of the develop-
ment. neighboring areas, and the city- as a whole.
f. That there ca~ be provided adeq~ate'ciTculation
fa~ilitites to, in, and aroun~ ~he project such that future
city developwent is not i~peded nor are areas of undue con-
gestion created.
g. That the develop~ent ~~11 not require streets or
city services beyond that required by a ~!~ical lot by lot
development~ or that in cases'~here increased services are
required.co~?ensation \~ill be paid for ~~ese services.
h. That there are adeaua~e nrovisions for the main-
tenance of open space and cornan aTeas~ that if developwents
are done in stages that eaTly stages nave the saDe or higher
ratio of a~enities as proposed in the entire development.
i. Tha~ uhere applicabZe,.co~s~derc~i~n is given to ~he
folZo~ing i~e~s.
i. In res~den~iaZ develovme~~s ~ha~ the developmen~
in generaz.~: :-;;r.e U5~ - of' o~en s;/ace c::nd ~he recreat:-
~onaZ. arecs are such as ~o ~ndic~~e a high dearee
~f ZivabiZ~ty. -
~~. In co~merciaZ or in~u8~~ia~ deveZcpmen~s~ ~hat
such deve z,op177cni:; be effi::ier:-t a,-;d 1.1e Z Z orga.nized ~i 'ti7..
ad~qua~e cccess~ serv~ce and s~orage.
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- 3. The Planning CODmission may extend ~le Pub1ic Hearing
for more inforoation.
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4. The Planning Co~~ission ~ay approve or disapprove.t~e
prelir.1inary application, or require c:"anges or inpose cond1~J..OIlS
of approval which are necessaDP i~ its jud~e~t to insure con-
fornity with this preli=inary approval section. The Planni~g
COt:...-lission may authori::e sU~!:lission 0;-- at: c:.P?Zicc.tic~ fDI' f1nal
approval in C.Cc02~c.czr;ce ~i.-ti: the stage develo~:::ent schedule se=
forth in the preZ-i.l:1-:,nar:J a??ro-:JaZ-. A decisic:a must be rendered
within sixty (60) days of fili~g unless extended by Dutual con-
sent of the applicant a~d Planning Co=nission.
~. Such ~ccisi~ns may be apnealed in ~riting to the Cit
. Counc:ll :lCCOrdlng 'to Scctio:1 44 of the Z ~. 0 1. Y
A Publ';} '. -'. o..41ng rc~n:lncc
..I.C" 1c:t~1ng snaIl ~c called, notice of said public -hcarin
to ~c nd\Crt1scd accord1ng to Sect~on 39 (2) f .h Z. g
Ord~nancc. 0 ~ c on~ng
Fin:11 ^:tproval.
(3) Required Fee a~d Infornation.
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A fiLing fee of $5.00 per unit~ no part of which is refundabZe.
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2. All information required. in ~he prelir.tinary plan; plu.s
the location of ~atcr, seKera~e and dTai~age facilities; detailed
building and landscaping plans and elevations; character and
location of signs; plans for street improvements and grading or
e,rth moving plans; and applicable standards and codes.
3. 'tir i tten agree!:1ents sho\o\ir:g ho",,". CO!':'lmon area and open
space will be reserved, ~ethods of insuring caintcnance of
landscaping and other facilities and insur~nce that financial
re~ources aTC sufficient to complete tl~e proposed develop~cnt.
~. Subdivision plat to be filed ~nd recorded as in
Ordinance 1318, as amended.
(b) Action Required.
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1. Final deve1oTI~ent ulans must be suhnitted ~ithin six
(6) nonths or pTeIL~i;ary approval OT the application ftil1 be
deemed denied. If final development is authorized in phases,
then final sut~ittal ~ust be in accord wi~h t~e approv~d s~aging
· plan unless variation is granted by the Planning Co~~ission.
2. A report by the Public Works Departnent on site ~ork>>
drainage and utilities of the development, and a report by the
City Attorney on agreements retaining and maintaining common
areas, if any. .
~. In order to insure a deve10nment which conforms to the
intent of Section 42 the applicant sha1l submit inforDation
supporting the following itecs.
a. The final development is in substantial conformance
with the develop~en~ give~ preliminary approval.
b. Adequate services can be provided to the develop-
ment without hardship to the city.
c. All construction and improve~ent standards are
comparable to city standards.
d. There are adequate p~ovisions for retention arid
maintenance of open space. .
e. There is evidence of financial abi1ity to complete
the project as presented.
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4." The Planning COEmission may ap~rove, disapprove or
require changes or inpose conditions of approval which are
necessar~r in its jud~ent to insure conformi~r with I~em 3
above of this final approval section~ The Planning Co~ission
may perDit the applicant to revise the plan and resubmit it as
a final development.
S. Minor changes in the development can be made with the
conse~t o~ the ~ity st~ff provided such changes do not increase _
the d~ell1ng un1t dens1ty, alter the ratio of different tV0es .'_
of ~welling units to each other or in the staff's ouinicn-affect
an ~~portant facet of the plan's approval. ILLen substantial
changes are requested or if there is soce doubt as to the imDor-
~anc~ o~ the ch~nge the ~atter shall be re~erred to the Planning
Comc1ss~on for ~ts review.
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SECTIOX ~. That inas~uch as it is deemed ~ecessary fer ~he -
public ~eal~h, peace and safety of the citi=e~5 of the City of Ashla~d,
that: the pr;)Yisio~s shall be i::-~ediate::'y opera"'tive, it is hereby declared
that an energeucy exists and this Crdi~~nce shall be in =ull force and
effect fro~ and after its passage by tbe Counc~l and app~ovedby the ~!ayor.
'0' C{~ f} E I'i
A/ ;J VB !1 f)l$f(
a "J< ~
~s~ Eutler
I i tv Recorder .
Tr4e foregoi::.g ordinance ''I-as ::irst read en the' Itd
, 1973 and duly PASSED and ADOPTED this 6~
, 19:-3.
day of
day of
SIGXED and APPROVED thi~
7./l2'
day
1973.
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