HomeMy WebLinkAbout2895 Zone Changes AnnexationsORDINANCE NO. 2895
AN ORDINANCE MODIFYING CHAPTER 18.108 AND 18.106 OF
THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE,
REGARDING APPROVAL STANDARDS FOR ZONE CHANGES
AND ANNEXATIONS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.108.060.B. Standards for Type III Planning Actions of the
Ashland Municipal Code is amended to road:
Zone changes, zoning map amendments and comprohensive plan map changes
subject to the Type III proceduro as described in subsection A of this section may
be approved if in compliance with the comprohensive plan and the application
demonstrates that:
A. The change implements a public need, other than the provision of affordable
housing, supported by the Comprohensive Plan; or
B. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
C. Circumstances rolating to the general public welfare exist that roquire such an
action; or
D. Proposed incroases in rosidential zoning density rosulting from a change from
one zoning district to another zoning district, will provide one of the following:
1. 35% of the base density to qualifying buyers or ronters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or ronters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or ronters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or ronters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferrod
to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable
Development Corporation for the purpose of complying with subsection 2
above. The land shall be located within the project and all needed public
facilities shall be extended to the aroa or aroas proposed for transfer.
Ownership of the land shall be transferrod to the affordable housing
developer or Development Corporation prior to commencement of the project;
or
E. Increases in residential zoning density of four units or greater on
commercial, employment or industrial zoned lands (i.e. Residential Overlay),
will not negatively impact the City of Ashland's commercial and industrial land
supply as required in the Comprehensive Plan, and will provide one of the
following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is_transferred
to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable
Development Corporation for the purpose of complying with subsection 2
above. The land shall be located within the project and all needed public
facilities shall be extended to the area or areas proposed for dedication.
Ownership of the land and/or air space shall be transferred to the affordable
housing developer or Development Corporation prior to commencement of
the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
SECTION 2. Section 18.106.030 Approval Standards of the Ashland Municipal Code is
amended to read:
An annexation may be approved if the proposed request for annexation conforms, or
can be made to conform through the imposition of conditions, with the following
approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation
indicated on the Comprehensive Plan Map, and the project, if proposed concurrently
with the annexation, is an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the
Public Works Department; the transport of sewage from the site to the waste water
treatment plant as determined by the Public Works Department; the provision of
electricity to the site as determined by the Electric Department; urban storm drainage as
determined by the Public Works Department can and will be provided to and through
the subject property. Unless the City has declared a moratorium based upon a shortage
of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide
for these facilities.
E. Adequate transportation can and will be provided to and through the subject property.
For the purposes of this section "adequate transportation" for annexations consists of
vehicular, bicycle, pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully improved
collector or arterial street. All streets adjacent to the annexed area shall be
improved, at a minimum, to a half-street standard with a minimum 20' driving
surface. The City may, after assessing the impact of the development, require the
full improvement of streets adjacent to the annexed area. All streets located within
annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the City,
provisions shall be made for the dedication and improvement of these streets and
included with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and
will be constructed. Should the annexation be adjacent to an arterial street, bike
lanes shall be provided on or adjacent to the arterial street. Likely bicycle
destinations from the project site shall be determined and safe and accessible
bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can
and will be constructed. Full sidewalk improvements shall be provided on one side
adjacent to the annexation for all streets adjacent to the proposed annexed area.
Sidewalks shall be provided as required by ordinance on all streets within the
annexed area. Where the project site is within a quarter of a mile of an existing
sidewalk system, the sidewalks from the project site shall be constructed to extend
and connect to the existing system. Likely pedestrian destinations from the project
site shall be determined and the safe and accessible pedestrian facilities serving
those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the local
public transit provider, provisions shall be made for the construction of adequate
transit facilities, such as bus shelters and bus turn-out lanes.
All required transportation improvements shall be constructed and installed prior to
the issuance of a certificate of occupancy for any new structures on the annexed
property.
F. For all residential annexations, a plan shall be provided demonstrating that the
development of the entire property will ultimately occur at a minimum density of 90% of
the base density for the zone, unless reductions in the total number of units is
necessary to accommodate significant natural features, topography, access limitations,
or similar physical constraints. The owner or owners of the property shall sign an
agreement, to be recorded with the county clerk after approval of the annexation,
ensuring that future development will occur in accord with the minimum density
indicated in the development plan. For purposes of computing maximum density,
portions of the annexed area containing undevelopable areas such as wetlands,
floodplain corridor lands, or slopes greater than 35%, shall not be included.
G. For all annexations with a density or potential density of four residential units or
greater and involving residential zoned lands, or commercial, employment or industrial
lands with a Residential Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below
120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below
'100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below
80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below
60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a
non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development
Corporation for the purpose of complying with subsection 2 above. The land shall
be located within the project and all needed public facilities shall be extended to the
area or areas proposed for transfer. Ownership of the land shall be transferred to the
affordable housing developer or Development Corporation prior to commencement
of the project.
The total number of affordable units described in this section G shall be determined by
rounding down fractional answers to the nearest whole unit. A deed restriction, or
similar legal instrument, shall be used to guarantee compliance with affordable criteria
for a pedod of not less than 60 years. Properties providing affordable units as part of the
annexation process shall qualify for a maximum density bonus of 25 percent.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less than
a five-year supply of vacant and redevelopable land in the proposed land use
classification within the current city limits. "Redevelopable land" means land zoned for
residential use on which development has already occurred but on which, due to
present or expected market forces, there exists the likelihood that existing development
will be converted to more intensive residential uses during the planning period. The five-
year supply shall be determined from vacant and redevelopable land inventories and by
the methodology for land need projections from the Housing Element of the
Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and
that the applicant will obtain Site Review approval for an outright permitted use, or
special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary
sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary
sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary
sewer service extended, connected, and in use, and a signed "consent to annexation"
agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits. (ORD 2792, 1997)
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 ,2003,
and duly PASSED and ADOPTED this /,.~ day of ,~. ~j~ ,2003.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this /~ day of/~f/~ , 2003.
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney