HomeMy WebLinkAbout3074 Drive-Up Uses ORDINANCE NO. -)6 'A
AN ORDINANCE AMENDING SECTION 18.32.025 OF THE ASHLAND
LAND USE ORDINANCE TO PROVIDE FOR THE RELOCATION OR
REDEVELOPMENT OF FOUR FINANCIAL INSTITUTIONS' EXISTING,
NON-CONFORMING DRIVE-UP USES IN ASHLAND'S HISTORIC
INTEREST AREA.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold Iined44fouo and additions are in bold underline.
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 original Transportation Element of the City of Ashland's Comprehensive Plan,
adopted in 1982, included a policy explicitly discouraging drive-up uses in order to limit fuel
consumption and air pollution associated with vehicle idling.
WHEREAS, the City of Ashland adopted Ordinance # 2313 in 1984 to define drive-up uses, set
specific standards for their development, place a limit on the total number of drive-up uses
allowed in the city, prohibit drive-up uses in Ashland's Historic Interest Area as defined in the
Comprehensive Plan, and render existing drive-up uses within that Historic Interest Area non-
conforming uses.
WHEREAS, with the adoption of Ordinance #2313 in 1984 and subsequent amendments with
the adoption of Ordinance 42688 in 1992, it was no longer seen as necessary that the
Transportation Element of the City of Ashland's Comprehensive Plan, as revised and adopted in
1996, contain an explicit policy discouraging drive-up uses, the Element continues to include
policies which promote decreased auto use and increased walking and bicycling, public
transportation, ride sharing and other transportation demand management techniques (X.Il-1)
and to encourage businesses to inform customers of available non-automotive access to the
business locations and to support customer use of non-automotive access (X.II-6).
WHEREAS, the City of Ashland's Comprehensive Plan and implementing ordinances
encourage development at a human scale with a balanced approach to transportation rather than
encouraging a primarily auto-centric approach to development, and the Downtown Design
Standards explicitly discourage auto-centric uses in the downtown (VI.J-6) in seeking to create a
pedestrian friendly environment with a continuous storefront streetscape at the sidewalk.
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WHEREAS,the Ashland Food Co-op as applicant has proposed a Legislative Amendment to
the existing drive-up use regulations to allow the existing non-conforming drive-up uses within
the Historic Interest Area to redevelop on site or relocate elsewhere in the C-1 or C-1-D zoned
portions of the Historic Interest Area without being subject to the discretionary review of a
Conditional Use Permit in order to facilitate further negotiations with the adjacent property
owner, Umpqua Bank, in hopes that the Co-op will ultimately be able to acquire the bank
property if the bank is able to relocate elsewhere in the Historic Interest Area while retaining its
existing drive-up use, and to encourage the redevelopment of the other existing non-conforming
drive-up sites in a manner more consistent with current city standards.
WHEREAS, the City of Ashland Transportation Commission considered appropriate
amendments to the Ashland Municipal Code's Land Use Ordinances at a duly advertised public
hearing on May 24, 2012, and following deliberations identified no specific adverse impacts to
the transportation system which would result from the proposed amendments;
WHEREAS, the City of Ashland Planning Commission considered appropriate amendments to
the Ashland Municipal Code's Land Use Ordinances at duly advertised public hearings on May
8, 2012 and June 12, 2012, and following deliberations recommended approval of the
amendments;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code's Land Use Ordinances on August 7, 2012;
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. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The following amendments are hereby added to AMC Section 18.32.025
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses are defined as any establishment which by design, physical
facilities, service or by packaging procedures encourages or hermits
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customers to receive services, obtain goods other than automobile fuel, or be
entertained while remaining in their motor vehicles. The components of a
drive-up use include kiosks, canopies or other structures; windows; stalls;
queuing lanes and associated driveways. Drive-up uses may be approved in the
C-I District only, and only in the area east of a line drawn perpendicular to
Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan. The four existing non-conforming financial institution
drive-up uses in operation in the Historic Interest Area as of August 7,2012
may redevelop or relocate within the C-1 and C-1-D zoned portions of
Ashland Historic Interest Area subject to the following requirements:
a. Relocation or redevelopment of a drive-up use within the C-1 or C-1-
D zoned portions of the Historic Interest Area shall be subject to a
Type II Site Review procedure as a Special Permitted Use.
b. Relocated or redeveloped drive-up uses may only be placed on a
secondary building elevation, and only accessed from an alley or
driveway. A secondary building elevation is defined as a building's
side or rear elevation which does not face a street, other than an alley.
C. Driveways serving relocated or redeveloped drive-up uses shall not
enter from or exit to a higher order street frontage or through a
primary elevation of the building, and driveways or queuing lanes
shall not be placed between a building and the right-of-way other than
an alley.
d. No demolition of or exterior change to a building considered to be a
historic resource shall be permitted to accommodate the relocation or
redevelopment of a drive-up use.
e. Regardless of the number of drive-up windows/lanes in use in the
current location,with a relocation or remodel the number of
windows/lanes shall be reduced to one (1).
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two
designated parking spaces immediately beyond the service window or
provide other satisfactory methods to allow customers requiring excessive
waiting time to receive service while parked.
C. A means of egress for vehicular customers who wish to leave the waiting
line shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or
downhill to eliminate excessive fuel consumption and exhaust during the
wait in line.
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e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-
way are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels
at the property line and shall otherwise comply with the Ashland
Municipal Code regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July
1, 1984. Drive-up uses may be transferred to another location in accord
with all requirements of this section. The number of drive-up window
stalls shall not exceed one 11 per location, even if the transferred use had
greater than one stall.
i. A separate ministerial "Drive-Up Transfer" permit shall be obtained
for the transfer of any drive-up use when such transfer is not
associated with a Site Review or Conditional Use permit application in
order to formally document transfer of the use.
j. Drive-up uses which are discontinued without a properly permitted
transfer shall be deemed to have expired after being unused for six (6)
months. Discontinuation of a drive-up use is considered to have
occurred when the drive-up use is documented as having ceased on
site through a ministerial, Site Review or Conditional Use permit
review, or upon on-site verification by the Staff Advisor.
k. All components of a drive-up use shall be removed within sixty (60)
days of discontinuation of the use through abandonment, transfer,
relocation or redevelopment.
SECTION 3. 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
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments(i.e. Sections 1,
3-4) 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 accord c ith Article X,
Section 2(C) of the City Charter on the day of 2012,
and d PASSED and ADOPTED this_ day of 12012.
Barbara M. Christensen, City Recorder
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SIGNED and APPROVED this day of , 2012.
J Stromberg, Mayor
Reviewed as to form:
Davi Lohman, City Attorney
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