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HomeMy WebLinkAbout3167 Infill Strategy in the Transit Triangle ORDINANCE NO.3167 AN ORDINANCE AMENDING CHAPTERS 18.2.1, 18.3.12,18.3.139 18.4.3 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE TO IMPLEMENT AN INFILL STRATEGY IN THE TRANSIT TRIANGLE AND MISCELLANEOUS EDITS FOR CLARITY AND CONSISTENCY Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined4hreugk and additions are bold underlined. WHEREAS, Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for residential use to provide for adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density; and WHEREAS, the City Council identified the need to provide incentives to create affordable and workforce housing in the 2015-2017 Council Goals and Objectives; and WHEREAS, the Ashland Comprehensive Plan includes a goal to "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city; and WHEREAS, the 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely-low income (less than 30 percent of area median income) and low-income households (between 30 and 50 percent of area median income) and recommended more rental studio and one-bedroom units; and WHEREAS, the 2016 American Community Survey shows that 39.4 percent of Ashland households are single-person compared to 27.8 percent of Oregon households, and 44.8 percent of single-person households in Ashland are renter-occupied compared to 36 percent of single- person households in Oregon are renter-occupied; and WHEREAS, according to figures released in January 2018 by the Southern Oregon Multiple Listing Service, the median sales price for existing single-family residences in Ashland in 2017 was $421,500, which was a 7.5 percent gain over 2016. In contrast, the purchasing power of an Ashland household of four earning the median income in 2017 was $217,950. WHEREAS, Ashland households earning 120% of median income can afford $1,270 to $1,295 per month for housing costs. Workforce housing has come to be defined as housing targeted to households who may earn too much to qualify for affordable housing subsidies but not enough to afford a home or an apartment. The gap between earned income of people living and working in a community and the housing costs tends to be intensified in high-cost housing areas. As a result, affordable housing programs and providers generally consider workforce housing to be households earning 80 to 120 percent of area median income. Given these parameters, 46 percent of Ashland households can afford up to $875 a month for housing and an additional eight percent can afford up to $1,250 a month on housing (2015 American Community Survey, U.S. Census). WHEREAS, the rental housing market has experienced increased prices and shortages over the last several years. Residential rental unit vacancy rates remain at one to two percent for the region. A low vacancy rate for rental units is generally considered to be an indicator that there are little to no available units for rent. WHEREAS, the City of Ashland participated in the regional planning process that resulted in the adoption of the Greater Bear Creek Valley Regional Plan in 2012. Cities throughout the region identified reserve areas to accommodate housing for future population growth. The City of Ashland decided to accommodate housing for future population within the Ashland's current boundaries rather than identify future growth areas on the perimeter of the city. Also as a part of the regional planning process, the City of Ashland committed to provided 6.6 units per gross acre for new development. Changes to the zoning and land use ordinance that encourage development of residential units in the transit triangle can provide needed multi-family residential units to contribute toward meeting the regional density target. WHEREAS, the City Council determined it is necessary to amend the land use ordinance to encourage the development of multifamily rental units in the area adjacent to the bus route to respond to changes in the housing supply and to meet the target residential density in the Greater Bear Creek Valley Regional Plan. Housing availability, diversity of housing types and housing prices have been a concern in Ashland for some time. However, these concerns have been intensified in the last several years throughout the region, state and west coast. Housing prices including rents have continued to rise at a rapid rate. In addition, the supply of housing was impacted by less construction during the recession. The changes in housing market and resulting impacts on housing supply necessitate a change in the zoning and land use ordinance to allow the diversification of the housing supply by providing an area to construct moderately priced multifamily rental housing.; and WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording'all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters. Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered amending the land use ordinance to implement an infrll strategy in the transit triangle and miscellaneous edits for clarity and consistency and recommended the amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearings on May 22, 2018, June 12, 2018 and July 24, 2018, following deliberations, recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on September 18, 2018; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.2.1.020 [Zoning Regulations and General Provisions - Zoning Map and General Provisions] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.1.020 Zoning Map and Classification of Zones For the purpose of this ordinance, the City is divided into zones designated and depicted on the Zoning Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020. Table 18.2.1.020 Base Zones Overlay Zones Residential - Woodland R Airport Overlay Detail Site Review Overlay Residential - Rural RR Downtown Design Standards Overlay Residential - Single-Family (R-1-10, R-1-7.5, and R- Freeway Sign Overlay 1-5 Residential - Suburban R-1-3.5 Historic District Overlay Residential - Low Density Multiple Family R-2 Pedestrian Place Overlay Residential - High Density Multiple Family R-3 Performance Standards Options Overlay Commercial (C-1) Physical and Environmental Constraints Overlay Commercial - Downtown C-1-D -Hillside Lands Employment E-1 -Flood lain Corridor Lands -Severe Constraints Lands Industrial M-1 -Water Resources -Wildfire Lands Special Districts Croman Mill District CM Residential Overlay Transit Triangle Overlay Health Care Services District HC Normal Neighborhood District NN Table 18.2.1.020 Base Zones Overla Zones North Mountain Neighborhood District NM Southern Oregon Universit District SOU SECTION 2. Section 18.2.1.040 [Zoning Regulations and General Provisions - Applicability of Zoning Regulations] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.1.040 Applicability of Zoning Regulations Part 18.2 applies to properties with base zone, special district, and overlay zone designations, as follows: Table 18.2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays Designation Applicability Base Zones Residential - Woodland (WR) Chapter 18.2 Applies Directly Residential - Rural (RR) Chapter 18.2 Applies Directly Residential - Single-family (R-1-10, R-1-7.5, R-1-5) Chapter 18.2 Applies Directly Residential - Suburban (R-1-3.5) Chapter 18.2 Applies Directly Residential - Low Density Multiple Family (R-2) Chapter 18.2 Applies Directly Residential - High Density Multiple Family (R-3) Chapter 18.2 Applies Directly Commercial (C-1) Chapter 18.2 Applies Directly Commercial - Downtown (C-1-D) Chapter 18.2 Applies Directly Employment (E-1) Chapter 18.2 Applies Directly Industrial M-1 Cha ter 18.2 Applies Directly Special Districts Croman Mill District Zone (CM) CM District Replaces chapter 18.2 Health Care Services Zone (HC) Normal Neighborhood D8istrict (NN) NN District Replaces chapter 18.2 North Mountain Neighborhood (NM) NM District Replaces chapter 18.2 Southern Oregon University SOU Overlay Zones Airport Overlay Modifies chapter 18.2 Detail Site Review Overlay Modifies chapter 18.2 Downtown Design Standards Overlay Modifies chapter 18.2 Freeway Sign Overlay Modifies chapter 18.2 Historic Overlay Modifies chapter 18.2 Pedestrian Place Overlay Modifies chapter 18.2 Performance Standards Options Overlay Modifies chapter 18.2 Physical and Environmental Constraints Overlay Modifies chapter 18.2 Residential Overlay Modifies chapter 18.2 Transit Trion le Overlay Modifies chapter 18.2 SECTION 3. Section 18.2.2.030 [Base Zones and Allowed Uses - Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. I. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards 3.5 C-1 -D A. Agricultural Uses? Agriculture, except Keeping of Bees, Livestock and Micro-Livestock, Homegrown Animal sales, feed yards, keeping Marijuana Cultivation, and Marijuana P P P P P P N N N swine, commercial compost, or similar uses not allowed Production Keeping of Bees S S S S S S N N N Sec. 18.2.3.160 Keeping of Livestock S N N N S S N N N Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S See General Industrial, Marijuana Production B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone. Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit P or P or S S P or N N N N Sec. 18.2.3.040 and Sec. S S S 18.5.2.020.0.2 Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. :s Allowed by Zone R-1 3.5 R-2 R-3 RR wR C-1 D E-1 M-1 Special Use Standards ued) ridual Lot S S S S N N N N N Sec. 18.2.3.170 and not allowed in Historic District Overlay lopment N S CU+ N N N N N N Sec. 18.2.3.180 S Sec. 18.2.3.130 for C-1 zone and E-1 zone Dwellings in Transit Triangle (TT) N P P P N N S S N overlay, see chanter 18.3.14 Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 lion to For- N N S S N N N N N Sec. 18.2.3.200 S S S S S S S S N Sec. 18.2.3.150 nt Homes CU CU Cu CU CU CU N N N See chapter 18.3.3 Health Care Services P P P P P P N N N Subject to State licensing requirements CU P P P CU CU N N N Subject to State licensing requirements N P P P N N N N N Uses See chapter 18.3.7 Airport Overlay ;s Allowed by Zone R-1 R-1 R-2 R-3 RR yyR C-1 & E-1 M-1 Special Use Standards 3.5 C-1-D Uses mbarium N N N N Cu N N N N Family Child Care Home exempt from CU CU Cu CU CU Cu P P P planning application procedure pursuant to ORS 329A.440, see part 18.6 for definition izatiom CU Cu CU CU CU CU P CU CU N N N N N N Cu CU P CU CU CU CU CU N N N N See chapter 18.3.3 Health Care Services mergency excluding CU CU N N CU Cu P p P N N N N CU N P P P id Recreational Is, trails, nature P P P P P P N N N irts, swim pools, N N N N N N P p P N N N N N N N p p Not allowed within 200 ft of a residential zone of Worship CU Cu CU Cu CU [:2: Cu Cu CU i and up) CU CU CU CU CU N N N ,s Allowed by Zone R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards 3.5 C-1 -D Uses and up) P P P P P Cu N N N e/Technical N N N N N N N Cu P Includes public service building, rard and yard, and structures such as public 'ublic, Cu Cu N N Cu Cu P P P works yards ns Yards not allowed in the RR, WR, and C-1 zone --ility Cu Cu Cu Cu Cu CU CUr CUr CUr Sec. 18.4.10 ncludes theater, iniature golf, N N N N N N P Cu P ses Sec. 18.2.3.050 In C-1 zone, fuel sales and service is a r, or Service; permitted use provided within the vash, tire sales Freeway Overlay, see chapter 18.3.8; ting, and other N N N N S or S or conditional use in locations outside of cycles, aircraft, N N Cu Cu P Freeway Overlay In E-1 zone, auto and truck repair is a permitted use if 200 feet or more from residential zones; fuel sales and service requires CU permit :s Allowed by Zone R-1 R-1 R-2 R-3 ' RR WR C-1 & E-1 M-1 Special Use Standards 3.5 C-1-D rued)l I, except within :ludes N N N N N N CU Cu P Not allowed within Historic District i trucks Overlay modation (See CU+ CU+ ion) N N S S N N N N N Sec. 18.2.3.220 as Food N N N N N N P P P ng, and Dyeing N N N N N N S S P Sec. 18.2.3.080 ides country club, and tennis Cu CU N N CU Cu N N N s such as amusement park Per Sec. 18.2.3.100, Drive-Up uses are N N N N N N S N limited to area east of Ashland St at intersection of Ashland St/Siskiyou Blvd *In C-1 zone, requires annual Type I review for at least the first three years, after which time the Planning N N CU Cu N N CU* N N Commission may approve a permanent facility through the Type II procedure N N N N N N Cu Cu P Clinic) N N N N N N S S Cu No animals kept outside within 200 feet of a residential zone is Allowed by Zone R-1 R-1 R-2 R-3 RR yyR C-1 & E-1 M-1 Special Use Standards 3.5 C-1-D med)6 Sec. 18.2.2.210 for Retail Uses Allowed in Railroad Historic District ad Historic N CU CU CU N N N N N les and Rental pplies, or Heavy N N N N N N CU CU P Per Sec. 18.2.3.190, marijuana retail des sale of S or S or sales are limited to the C-1 and E-1 ri uana N N N N N N CU CU N zones and located on a boulevard or I 200 feet or more from any residential zone, see Sec 18.2.3.190. N N N N N N S CU P Not allowed within the Historic District Overlay unless located in C-1-D N N CU CU N N P P P lities or N N N N N N CU CU P n allowed use ccept Marijuana N N CU CU N N N N N N N N N N N P P P s Allowed by Zone R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards 3.5 C-1 -D iued)' I In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District tcept Outdoor N N CS+ N N N P S S In E-1 zone, Retail limited to 20,000 sq ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales ercial (Mini- N N N N N N N CU P See also N N CU+ CU+ N N N N N Sec. 18.2.3.220 modation) S S N N N N N N P P P :nt Uses In the E-1 zone, uses within 200 feet shine Shop, and S or of a residential zone require CU N N N N N N N P permit Repairs Cu Removal of Dirty or Other N N N N CS+ N N N N Sec. 18.2.3.070 [ant N N N N N N N N CU, m Allowed by Zone R-1 8.6 R-2 R-3 RR wR C-1 D E-1 M-1 Special Use Standards :nt Uses atchman N N N N N N N CU CU In the C-1 zone, manufacture or assembly of items sold is a permitted use, provided such manufacturing or serving, N N N N N N S S P assembly occupies 600 square feet eezing, drying, or less, and is contiguous to the -reserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 In E-1 and M-1 zones, marijuana laboratory, processing, and les Marijuana N N N N N N N P or P or production are subject to the special Production S S use standards in Sec. 18.2.3.190 See Marijuana Cultivation, Homegrown Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood 3 saw, planning N N N N N N S P P lants. In the C-1 zone, manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet :s Allowed by Zone 3.5 E-1 M-1 Special Use Standards R-1 R-1 R-2 R-3 RR WR CC--11 -D & Dnt Uses lities or N N N N N N CU CU P n allowed use :asting Studio N N N N N N N P P Deliveries and shipments limited to 7AM-9PM within 200 feet of a residential zone ibution, includes N N N N N N N S S In E-1 and M-1 zones, marijuana wholesale is subject to the special use standards in Sec. 18.2.3.190 ink Yards N N N N N N N tCU N N N N N N P Allowed from November 1 to January 1 CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.1-1 SECTION 4. Section 18.2.3.120 [Special Use Standards - Dwelling in Historic District Overlay] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.120 Dwelling in Historic District Overlay Dwellings in the Historic District Overlay subject to all of the following requirements. A. Manufactured homes are prohibited. B. Dwellings located in residential zones shall conform to the maximum permitted floor area standards of section 18.2.5.070, except that dwellings exceeding the maximum permitted floor area are allowed subject to approval of a Conditional Use Permit under chapter 18.5.4. C. Notwithstanding the height standards of the R-1 zone, structures within the Historic Overlay shall not exceed a height of 30 feet. D. Retail commercial uses in a dwelling unit within the Railroad Historic Overlay are subject to approval of a Conditional Use Permit under chapter 18.5.4 and shall conform to the standards of section 18.2.3.210. SECTION 5. Section 18.2.3.130 [Special Use Standards - Dwelling in Non-Residential Zone] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.3.130 Dwelling in Non-Residential Zone Where dwellings are allowed in non-residential zones, they are subject to all of the following requirements. A. Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13 Residential Overlay. B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards, except that dwellings developed under the Transit Triangle (TT) overlay option are not subject to subsection 18.2.3.130.8, below. See section 18.3.14.040 for the allowed uses in the TT overlay. 1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. 2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C-1 zone, and 60 dwelling units per acre in the C-1-D zone. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying zone. 4. Off-street parking is not required for residential uses in the C-1-D zone. G Whpre the h of residential units exceeds ten, at least ten reent of the 'd t' I 't 11 h FF d hl F d ! d 'th rpq thp ..standards of ___E._.. 18.2.5.959. The .._...1'_. of _nits equired to he affO.dabl hall be nded down to the n eSt whole unit-. SECTION 6. Section 18.2.5.070 [Standards for Residential Zones - Maximum Permitted Residential Floor Area in Historic District] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.5.070 Maximum Permitted Residential Floor Area in Historic District A. Purpose. Section 18.2.5.070 regulates floor area of dwellings to promote compatible building volume and scale in the Historic District. B. Applicability. Within residential zones located in the Historic District Overlay, new structures and additions shall conform to the maximum permitted floor area standards of this section, except as provided by 18.2.5.070.C. SECTION 7. Section 18.3.12.020 [Site Development and Design Overlays - Applicability] of the Ashland Land Use Ordinance is hereby amended as follows: Chapter 18.3. 12 - Site Development and Design Overlays Sections 183.12.010 Purpose 183.12.020 Applicability 18.3.12.030 Detail Site Review Overlay 18.3.12.040 Downtown Design Standards Overlay 18.3.12.050 Historic District Overlay 18.3.12.060 Pedestrian Place Overlay 18.111070 Transit Triangle Overlay 18.3.12.010 Purpose The Site Development and Design overlays provide special regulations and standards that supplement the base zoning regulations which are implemented through Site Design Review. 18.3.12.020 Applicability This chapter applies to the Detail Site Review, Downtown Design Standards, Historic District, and-Pedestrian Place, and Transit Triangle overlays. Development located within these overlays is required to meet all other applicable sections of this ordinance, except as modified by this chapter. Where the provisions of this chapter conflict with comparable standards described in any other ordinance or regulation, the provisions of this chapter apply. SECTION 8. Section 18.3.12.060 [Site Development and Design Overlays - Pedestrian Places Overlay] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.12.060 Pedestrian Place Overlay A. Purpose. The Pedestrian Place overlay is intended to direct and encourage development of small walkable nodes that provide concentrations of gathering places, housing, businesses, and pedestrian amenities situated and designed in a way to encourage walking, bicycling, and transit use. B. Applicability 1. This section applies to properties designated as Pedestrian Places overlay on the Site Design Zones map. 2. Review Procedure. The Pedestrian Place overlay requirements apply to proposed development located in the Pedestrian Place overlay that requires a planning application approval, and involves development of new structures or additions other than single- family dwellings and associated accessory structures and uses. The provisions of the Pedestrian Place overlay supplement those of the applicable base zoning district and other applicable ordinance requirements. 3. Mixed-Use Buildings in Residential Zones. Mixed-use buildings located in an underlying residential zone require Site Design Review approval in accordance with chapter 18.5.2, and are subject to the standards subsection 18.4.2.040.8 Basic Site Review Standards rather than section 18.4.2.030 Residential Development. Mixed-use buildings are subject to all other applicable provisions of part 18.4 Site Development and Design Standards. 4. The Pedestrian Places overlay and development standards do not apply to properties electing to develop under the Transit Triangle (TT) overlay option. See chapter 18.3.14 Transit Triangle Overlay. C. Pedestrian Place Concept Plans. The Pedestrian Place Concept plans (i.e., site plan, development summary, and building illustrations) are for the purpose of providing an example of development that conforms to the standards, and do not constitute independent approval criteria. Concept plans are attached to the end of this chapter. D. Development Standards. The following standards shall apply to development in the Pedestrian Places overlay in addition to all applicable provisions of this ordinance. 1. Building Setbacks. The solar access setback in chapter 18.4.8 Solar Access applies only to those lots abutting a residential zone to the north. 2. Plazas and Landscaping Ratio. Outdoor seating areas, plazas, and other useable paved surfaces may be applied toward meeting the landscaping area requirements in chapter 18.4.4 Landscaping, Lighting, and Screening, but shall not constitute more than 50 percent of the required area. E. Development in Residential Zone. The following standards apply to development located in the Pedestrian Places overlay and a residential zone, in addition to all applicable provisions of this ordinance. 1. Special Permitted Uses. In addition to the permitted uses in the underlying residential zone, the following uses and their accessory uses are permitted subject to the requirements of this section. a. Professional, financial, business and medical offices, and personal service establishments. b. Stores, shops, and offices supplying commodities or performing services. c. Restaurants. 2. Development Standards and Limitations. a. The maximum gross floor area occupied by a special permitted use shall be 2,500 square feet, b. Special permitted uses shall be allowed in a building or in a group of buildings including a mixture of businesses and housing. At least 50 percent of the total gross floor area of a building, or of where there is more than one building on a site, 50 percent of the total lot area including accessory uses such as parking, landscaping and public space, shall be designated for residential uses. c. The development shall meet the minimum housing density requirements of the underlying zone. d. Mixed-use buildings shall be setback not more than five feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. e. Mixed-use developments shall have a minimum Floor Area Ratio (FAR) of .50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Projects including existing buildings or vacant parcels of a half an acre or greater in size shall achieve the required minimum FAR or provide a shadow plan (see graphic) that demonstrates how development may be intensified over time to meet the required minimum FAR. SECTION 9. Section 18.3.12.070 [Site Development and Design Overlays - Transit Triangle Overlay] of the Ashland Land Use Ordinance is hereby added as follows: 18.3.12.070 Transit Triangle Overlay A. The Transit Triangle (TT) overlay is that area defined in the Site Design Zones map. B. Development in the Transit Triangle overlay is subject to chapter 18.3.14 Transit Triangle Overlay in addition to all other applicable sections of this ordinance. SECTION 10. Section 18.3.13.010 [Residential Overlay -Residential Overlay Regulations] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.13.010 Residential Overlay Regulations A. Purpose. The Residential overlay is intended to encourage a concentration and mix of businesses and housing that provides a variety of housing types, supports resource and energy conservation, and promotes walking, bicycling, and transit use. B. Applicability. The Residential overlay applies to all property where 'Residential Overlay' (R) is indicated on the Zoning map. C. Requirements. The Residential overlay requirements are as follows. except that dwellings developed under the Transit Triangle (TT) overlay option are not subject to subsection 18.3.13.010 C, below. See section 18.3.14.040 for the allowed uses in the TT overlaV. 1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated for permitted uses and uses permitted with special use standards, not including residential uses. 2. Residential densities shall not exceed 15 dwelling units per acre. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. A if the number of residentmal units a eels ten then at least 10 a nt of the - s:de.at:el - nit shall hp affordable F... moderate ed...e the to de d established by Feseh,tien of the r:h, !`ennsa th.e..nh a.ee M' d : the .es.J.d:. n Thee„ een mhpr of „nhs i • red to be -+Fie.de ble shall h rn-nded 'te•••n to the nearest whole unit. SECTION 11. Section 18.4.3.030 [Parking, Access, and Circulation - General Automobile Parking Requirements and Exceptions] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.030 General Automobile Parking Requirements and Exceptions A. Minimum Number of Off-Street Automobile Parking Spaces. Off-street parking shall be provided pursuant to one of the following three methods and shall include required Disabled Person Parking. 1. Standard Ratios for Automobile Parking. The standards in Table 18.4.3.040. 2. Unspecified Use. Where automobile parking requirements for any use are not specifically listed in Table 18.4.3.040, such requirements shall be determined by the Staff Advisor based upon the most comparable use specified in this section, and other available data. 3. Parking Demand Analysis. The approval authority through a discretionary review may approve a parking standard that is different than the standards under subsection 1 and 2, above, as follows. a. The applicant submits a parking demand analysis with supporting data prepared by a professional engineer, planner, architect, landscape architect, or other qualified professional; b. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors. The parking demand analysis option may be used in conjunction with, or independent of, the options provided under section 18.4.3.060 Parking Management Strategies. c. The review procedure shall be the same as for the main project application. B. Maximum Number of Off-Street Automobile Parking Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the number of spaces required by this chapter by more than ten percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. C. Commercial Downtown Zone. All uses within the C-1-D zone, except for hotel, motel, and hostel uses, are exempt from the off-street parking requirements of this section. D. North Mountain Plan District. Within the Neighborhood Central zone of the North Mountain (NM) Neighborhood Plan district, all uses are exempt from the off-street parking requirements of this section, except that residential uses are required to provide a minimum of one parking space per residential unit. SECTION 12. Section 18.4.3.040 [Parking, Access, and Circulation - Parking Ratios] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Table 18.4.3.046 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 spaces for detached dwelling units and the following for attached dwelling units. a. Studio units or 1-bedroom units less than 500 sq. ft. -1 space/unit. Single-family Dwellings b. 1-bedroom units 500 sq. ft. or larger-1.50 spaces/unit. c. 2-bedroom units - 1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) a. Units less than 800 sq. ft.- 1 space/unit, except. as exempted in subsection 18.2.3.040.A. Accessory Residential Units b. Units greater than 800 sq. ft. and up to 1,000 sq. ft. - 2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger-- 1.50 spaces/unit. c. 2-bedroom units 1.75 spaces/unit. Multi-family Dwellings d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. f. Transit Triangle (TT) overlay option developments, see chapter 18.3.14. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 sq. ft. and less than 1000 sq. ft. 1.5 spaces/unit. Cottage Housing c. Units greater than 1000 sq. ft. 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Manufactured Housing Single Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 183.9. Developments Commercial Categories Auto, boat or trailer sales, 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land area; retail nurseries and other plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq. ft. of open-space uses gross land area; and 1 space per 2 employees. 3 spaces per alley, plus 1 space for auxiliary activities set forth in this Bowling Alleys section. Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel. 1 space per guest room, plus 1 space for the owner or manager; see Hotels also, requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. Offices General Office: 1 space per 500 sq. ft. floor area. Medical/Dental Office: 1 space per 350 s q. ft. floor area. Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Uses whichever is less. Retail Sales and Services General: 1 space per 350 s q. ft. floor area. Furniture and Appliances: 1 space per 750 s q. ft. floor area. Skating Rinks 1 space per 350 sq. ft. of gross floor area. Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Theaters, Auditoriums, Stadiums, Gymnasiums and 1 space per 4 seats. Similar Uses Travelers' Accommodations 1 space per guest room, plus 2 spaces for the owner or manager. Industrial Categories Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2 Production, Warehousing and employees whichever is less, plus 1 space per company vehicle. Freight Institutional and Public Categories Aircraft Hangar - Ashland One space per hangar or one space per four aircraft occupying a Municipal Airport hangar, whichever is greater. Parking spaces shall be provided within the hangar or within designated vehicle parking areas identified in the adopted Ashland Municipal Airport Master Plan. Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be Houses; Rooming and equivalent to a guest room. Boarding Houses; Dormitories Daycare 1 space per two employees; a minimum of 2 spaces is required. Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses. Miniature: 4 spaces per hole. Hospital 2 space per patient bed. Nursing and Convalescent 1 space per 3 patient beds. Homes Public Assembly 1 space per 4 seats Religious Institutions and 1 space per 4 seats. Houses of Worship Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit. Aged, or Assisted Livin Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space per 75 s q. ft. of public assembly area, whichever is greater High Schools: 1.5 spaces per classroom, plus 1 space per 10 students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater Colleges, Universities and Trade Schools: 1.5 spaces per classroom, plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housin . Other Categories Parking standards for temporary uses are the same as for primary Temporary Uses uses, except that the City decision-making body may reduce or waive certain development and designs standards for temporary uses. SECTION 13. Section 18.4.3.060 [Parking, Access, and Circulation - Parking Management Strategies] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.060 Parking Management Strategies Except for single-family dwellings, the off-street parking spaces may be reduced through the application of the following credits. The total maximum reduction in off-street parking spaces is 50 percent, except as allowed for Off-Site Shared Parking credits in subsection 18.4.3.060.E, below. The approval authority shall have the discretion to adjust the proposed off-street parking reduction based upon site specific evidence and testimony, and may require a parking analysis prepared by a qualified professional. See 18.4.3.030.A.3 for parking analysis requirements. A. On-Street Parking Credit. Credit for on-street parking spaces may reduce the required off- street parking spaces up to 50 percent, as follows. 1. Credit. One off-street parking space credit for one on-street parking space meeting the standards of subsections 2-4, below. See Figure 18.4.3.060.A.1. Parallel Parking Diagonal Parking j 1 IL 19 EUDI I ~ 1 :No P I I k~i N Within 20' 1of a Comer Subject Lot 20' Sub'eR lot L-------_________------ n G) 12' Q No Parking 20" Within 22' ~ Within 20' of a Comer Note: Curb space must be contiguous to the lot containing the use that requires the parlang. Figure 18.4.3.060.A.1 On-Street Parking Credit 2. Dimensions. On-street parking shall follow the established configuration of existing on- street parking, except that 45-degree diagonal parking may be allowed with the approval of the Public Works Director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the Public Works Department. a. Parallel parking, each 22 feet of uninterrupted curb. b. 45-degree diagonal, each 12 feet of uninterrupted curb. 3. Location a. Curb space must be contiguous to the lot containing the use that requires the parking. b. Parking spaces may not be counted that are within 20 feet measured along the curb of any corner or intersection of an alley or street, nor any other parking configuration that violates any law or standard of the City or State. c. Parking spaces located on arterials and collectors may only receive credit if the arterial or collector is greater in width than the minimums established by the street standards in section 18.4.6.040. d. Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU zone. e. Parking spaces may not be counted that are required as on-street parking in accordance with section 18.3.9.060 in a development under the Performance Standards Option. 4. Availability. On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted. B. Alternative Vehicle Parking. Alternative vehicle parking facilities may reduce the required off-street parking spaces up to 25 percent, as follows. 1. Motorcycle or scooter parking. One off-street parking space credit for four motorcycle or scooter parking spaces. 2. Bicycle parking. One off-street parking space credit for five additional, non-required bicycle parking spaces. 3. Microcar parking. One off-street parking space credit for two microcar parking spaces. Microcar spaces shall be designed so that one full size automobile can use two microcar spaces, and the microcar spaces shall not be limited in use by hours or type of vehicle through signage or other legal instrument. C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, in which case the mixed-use credit may reduce the off-street parking requirement by a percentage equal to the reduced parking demand. A mixed-use parking credit may reduce the required off-street parking spaces up to 50 percent. D. Joint Use of Facilities. Required parking facilities of two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use. Jointly-used parking facilities may reduce the required off-street parking spaces up to 50 percent. E. Off-Site Shared Parking. One off-street parking space credit for every one parking space constructed in designated off-site shared parking areas, or through payment of in-lieu-of- parking fees for a common parking. Off-site shared parking facilities may reduce the required off-street parking spaces up to 100 percent. F. TDM Plan Credit. Through implementation of an individual Transportation Demand Management (TDM) plan that demonstrates a reduction of long-term parking demand by a percentage equal to the credit requested. A TDM plan may reduce the required off-street parking spaces up to 50 percent. G. Transit Facilities Credit. Sites where at least 20 spaces are required and where at least one lot line abuts a street with transit service may substitute transit-supportive plazas as follows. A Transit Facilities Credit may reduce the required off-street parking spaces up to 50 percent. 1. Pedestrian and transit supportive plazas may be substituted for up to ten percent of the required parking spaces on-site. 2. A street with transit service shall have a minimum of 30-minute peak period transit service frequency. .3. Existing parking areas may be converted to take advantage of these provisions. 4. The plaza must be adjacent to and visible from the transit street. If there is a bus stop along the site's frontage, the plaza must be adjacent to the bus stop. 5. The plaza must be at least 300 square feet in area and be shaped so that a ten-foot by ten-foot (10 feet X 10 feet) square will fit entirely in the plaza. 6. The plaza must include all of the following elements. a. A plaza that is open to the public. The owner must record a public access easement that allows public access to the plaza. b. A bench or other sitting area with at least five linear feet of seating. c. A shelter or other weather protection. The shelter must cover at least 20 square feet and the plaza must be landscaped. This landscaping is in addition to any other landscaping or screening required for parking areas by this ordinance. SECTION 14. Section 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby amended as follows: 18.6.1.030 Definitions The following definitions are organized alphabetically. Floor Area, Gross Ha-hitabl The total arpa of .111 flears . a dwelling measured to its Outside -u - ff-" that under the horizontal _ b F th or floor above are 'th at least __.F t of h wad rnom, ..L.d i.. uninhabitable F Qd spaGes . lely by exterior door a Floor Area, G The total aof all fle-ors in a building measured to the n-AMde SuFfa s that r._ u-nideF the h. g......ntal nreiention of the reef or FI__. above. _ Floor Area. The area of an enclosed floor measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. , - Gross Floor Area. The sum of the gross horizontal areas of all enclosed floors measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but excluding basements, attic space providing structural head room of less than six-and-a-half feet, and unenclosed steps, porches, terraces and balconies. Individual sections of this ordinance may exempt additional spaces from gross floor area. - Gross Habitable Floor Area. The sum of the gross horizontal areas of all enclosed floors with at least seven feet of headroom in a dwelling unit measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, excluding uninhabitable spaces accessed solely by an exterior door. Maximum Permitted Floor Area (MPFA). The gross floor area of the primary dwelling, including but not limited to potential living spaces within the structure with at least seven feet of head room and attached garages. Basements, detached garages, detached accessory structures, and detached accessory residential units are not counted in the gross floor area for the MPFA calculation if separated from the primary dwelling by six feet or more. Similarly, unenclosed breezeways, and similar open structures connecting an exempt detached structure to the primary dwelling are not counted in the MPFA calculation. Microcar. An automobile that is less than nine feet in length and typically is limited to two seats for passengers. Microcars can be parked in a head-in fashion in a parallel parking space so that one standard parallel parking space accommodate two microcars. Story. That portion of a building included between the uppeF surface of any one floor and the upper surface of the next floor next above, or if there is no floor above, the finished ceiling directly above b t . n the ..e. „-scc^ of the top floor and the oeiling above. A basement is not considered a story. Unenclosed decks, porches, balconies, and similar features are not considered stories. SECTION 15. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 16. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the pppr- --ME validity of the remaining sections, subsections, paragraphs and clauses. SECTION 17. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-14) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 20~ day of Npy erw~ , 2018, and duly PASSED and ADOPTED this _i1gl" day of ~G~-~Y✓ , 2018. V Melissa Huhtala, City Recorder SIGNED and APPROVED this K day of , 2018. i n Strorriberg. Mayor Reviewed as to form: David H. Lohman, City Attorney