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HomeMy WebLinkAbout2016-267 Findings - Potocki - 150 North Pioneer BEFORE THE CITY COUNCIL October 4, 2016 IN THE MATTER OF PLANNING ACTION #2016-00309, A REQUEST FOR A ) COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FOR ) THE PROPERTY LOCATED AT 150 NORTH PIONEER STREET. THE CURRENT ) COMPREHENSIVE PLAN MAP DESIGNATION IS LOW DENSITY MULTI- ) FAMILY RESIDENTIAL AND THE ZONING IS R-2. WITH THE CURRENT ) FINDINGS, PROPOSAL, THE COMPREHENSIVE PLAN MAP DESIGNATION WOULD BE ) CONCLUSIONS, & CHANGED TO COMMERCIAL AND THE ZONING TO C-1. NO CHANGES TO ) ORDERS TO THE EXISTING SITE IMPROVEMENTS OR THEIR APPROVED USES ARE ) PROPOSED. ) OWNER/APPLICANT: Stan Potocki/City of Ashland ) RECITALS: 1) Tax lot #11800 of Map 39 1 E 09BA is located at 150 North Pioneer Street and is zoned R-2 (Low Density Multi-Family Residential). 2) The applicants are requesting a Comprehensive Plan Map Amendment and Zone Change for the property located at 150 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. No changes to the existing site improvements or their approved uses are proposed. 3) Amendments of the Comprehensive Plan and Zoning Maps are addressed in AMC 18.5.9.020 "Applicability and Review Procedure" as follows: B. Type lll. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of on ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan mop or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type Ill procedure. 1. Zone changes or amendments to the Zoning Mop or other official mops, except where minor amendments or corrections may be processed through the Type 11 procedure pursuant to subsection 18.5.9.020.A, above. PA 42016-00309 October 4, 2016 Page 1 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. A change in the zoning designation for a property that also entails changing the property's underlying Comprehensive Plan designation, as proposed here, is considered a legislative amendment through the Type III procedure discussed in AMC 18.5.9.020.13 above. A Type III procedure requires a hearing before the Planning Commission to yield a recommendation to Council and final approval through a hearing before the Council with adoption by ordinance. The Land Use Ordinance generally permits zone changes when it is found to be necessary in order to conform to the Comprehensive Plan or to meet other changes in circumstances or conditions, however Type III procedures are legislative decisions dealing with broader policy issues at Council discretion. While a change to the Comprehensive Plan Map is a legislative matter, the proposal here involves changes to the zoning of a single property and as such notice was provided to surrounding property owners in keeping with the noticing requirements for a quasi-judicial land use hearing. 4) The City Council, following proper public notice, held a public hearing on September 20, 2016 at which time testimony was received and exhibits were presented. Subsequent to the closing of the hearing, the City Council denied the application. Now, therefore, the City Council of the City of Ashland finds, concludes and orders as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal for a Comprehensive Plan Map Amendment and Zone Change fails to meet the criteria of necessity in AMC 18.5.9.020.B. and further finds that there is no public need or benefit as described in the Ashland Comprehensive Plan that would be addressed in PA #2016-00309 October 4, 2016 Page 2 approving the request. 2.3 The City Council finds that in considering a similar request in 1992, the Council ultimately determined that the existing R-2 zoning provided an important buffer between the more intense C-1 uses to the south and the National Register of Historic Places-listed Railroad Addition Historic District residential neighborhood a short distance to the north, and that the Conditional Use Permit process provided adequate options for some measure of commercial use for the R-2 zoned property. In addition, the Council in 1992 determined that traffic increases from 1988 to 1992 were insufficient to warrant the zone change and that any change to the zoning should be looked at more comprehensively. 2.4 The City Council finds that the City of Ashland Historic Commission considered the proposed amendments to the Comprehensive Plan Map designation and Zoning Map at their regular meeting on August 3, 2016 and following their deliberations, unanimously recommended that the City Council deny the proposal. The Historic Commission's recommendation indicated that the proposal represented a step in the gradual encroachment of commercial zoning into the historic residential neighborhood which could result in additional pressure to re-develop the property. Historic Commissioners suggested that such redevelopment pressure could ultimately result in significant changes to and/or the possible demolition of this historic contributing resource, the `James W. Losher House.' The Historic Commission suggested that the concerns raised by the property owner would be better addressed with efforts targeted to mitigate the impacts of the parking lot, and that changing the underlying zoning from R-2 to C-1 would do little to alleviate the problems. 2.5 The City Council further finds that the City of Ashland Planning Commission considered the proposed amendments to the Comprehensive Plan Map designation and Zoning Map at their regular meeting on September 13, 2016 and following their deliberations, unanimously recommended that the City Council deny the proposal. The Planning Commission noted that testimony from neighbors raised concerns that a change to commercial zoning would exacerbate existing traffic and parking issues, increase noise, and chip away at the residential character of the historic neighborhood by moving commercial uses closer to existing residences. Neighbors emphasized that re-zoning was not the solution, and suggested that a taller, denser, sound-proof fence adjacent to the parking lot would help. The Planning Commission further found that the proposed amendments of to the Comprehensive Plan and Zoning Map designations could lead to the need for improved access to serve newly allowed commercial use of the site, and that this could result in pressure to widen the driveway to accommodate parking and circulation requirements and necessitate the removal of parts of the existing historic home. The Planning Commission believed that the proposed amendments would adversely impact the character of the surrounding neighborhood by allowing commercial uses with greater intensity, larger structures, increased lot coverage, and by removing a continuing residential presence from the property. The Commission found that the property would be better suited to limited commercial uses permitted under the existing R-2 zoning through the Conditional Use Permit process which provides a greater measure of control while allowing for careful consideration of the neighborhood context. The Planning Commission further found that while there has been an informal policy for some time that commercial uses allowed conditionally in residential neighborhoods should maintain a residential presence for neighborhood compatibility, this site would be uniquely suited to considering an PA 42016-00309 October 4, 2016 Page 3 appropriate commercial use through the Conditional Use Permit process without a required residential component. 2.6 The City Council finds that, as was the case when this issue was previously considered by the Council in 1992, the R-2 zoning provides a necessary buffer between the more intense commercial zoning around the downtown and the historic Railroad District residential neighborhood to the north, and that protecting this neighborhood's character from the impacts of "commercial creep" raised by neighbors and both advisory commissions is of continued importance. The Council further finds that the Conditional Use Permit process provides the property owner with options for flexible use of the property. The City Council finds that given the current rental crisis and housing inventories, any loss of residential units or residentially-zoned land would not be in the public interest. The Council further finds that changing the zoning as requested would not address the underlying issues identified with the intensifying use of the parking lot in close proximity to the residence at 150 North Pioneer Street, and that these could be better addressed with specifically targeted mitigation measures. SECTION 3. ORDER 3.1 Based on the record of the Public Hearing on this matter, the City Council denies Planning Action #2016-00309, the proposed Comprehensive Plan Map Amendment and Zone Change for the property located at 150 North Pioneer Street. October 4, 2016 John Strom rg, Mayor Date APP ED AS T RBI Ashland City Attorney Dats C1 1,;uq~ l l° PA #2016-00309 October 4, 2016 Page 4