HomeMy WebLinkAbout2023-224 Findings - Title 18 amendmentsBEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
March 7, 2023
In the matter of amendments to the Ashland Municipal
Code (AMC) Title 18 Land Use providing additional
Options for food trucks and food carts by adding a new
Section AMC 18.2.3.145 `Food Trucks and Food Carts';
Amending Section 18.2.2.030.H `Temporary Uses';
Adding new Section 18.3.3.045 `Special Permitted Uses';
Amending the `Allowed Uses' Tables 18.2.2.030,
18.3.2.040, 18.3.4.040 and 18.3.5.050; and adding new
Definitions in AMC 18.6.1.030.F.
FINDINGS OF FACT &
CONCLUSIONS OF LAW
PURPOSE:
The proposal includes amendments to AMC Title 18 Land Use providing additional
options for the operation of food trucks and food carts in Ashland.
PUBLIC HEARINGS:
Notice was published in the Ashland News on December 2, 2022 prior to the Planning
Commission public hearing, and on January 31, 2023 prior to the City Council public
hearing. A public hearing was held at the Planning Commission on December 13, 2022
and at the City Council on February 21, 2023. Notice was also sent to the Department of
Land Conservation and Development on September 19, 2022.
SUMMARY OF AMENDMENTS
The proposal includes the addition of two new section to the Ashland Land Use
Ordinance (ALUO), the amendment of sections relating to Temporary Uses and Allowed
Uses tables, and the addition of new definitions to provide additional options for the
operation of food trucks and food carts in Ashland.
Food vendors and space for outdoor eating have long been recognized among the
defining elements. for required plaza space in Ashland's design standards. Food vendors
in the form of food trucks and food carts also serve as incubators for restauranteurs to
make a more affordable entry •into the business without a bricks -and -mortar investment,
can help to enliven and activate under-utilized spaces, and during the pandemic food
trucks and food carts provided an affordable outdoor dining option in many communities.
Prior to the proposed amendments here, food trucks and food carts in Ashland have been
regulated as follows:
• As Short -Term Events Under AMC 18.2.2.030.H: Current codes provide for
staff approval of short-term temporary uses occurring no more than once in a
calendar year on a property and lasting not more than 72 hours. This is a
ministerial permit with no public notice requirements.
Findings of Fact and Conclusions of Law Page 1
As Accessory to an Existing Use: Where food trucks are part of an event that is
accessory to an existing, approved use they may occur without separate
permitting, as where an annual Earth Day celebration is held at the ScienceWorks
Hands On Children's Museum each year, the annual celebration including a food
trucks court, is seen as accessory to the existing approved museum use and does
not require separate permitting.
As a Conditional Use Permit Under AMC 18.5.4: Where a proposal goes
beyond the scope of a short-term event or being accessory to an existing use, food
trucks proposed as temporary, seasonal or intermittent uses require Conditional
Use Permit approval. This process requires public notices and takes
approximately 45 days unless an appeal is filed. The Conditional Use Permit
process — which involves a $200 pre -application conference, a $1,120.25
application fee, and an extended process if appealed - can pose a barrier to entry
to potential food truck operators.
The Planning Commission initiated this ordinance amendment as allowed under AMC
18.5.1.100 to look at ways to provide additional options for food truck operators
interested in operating in Ashland. The Planning Commission subsequently discussed
ordinance changes at three meetings and conducted a public hearing on December 13,
2022. The City Council considered the ordinance recommended by the Planning
Commission at a public hearing on February 21, 2023 and subsequently adopted the
ordinance with the flowing allowances for food trucks and food carts:
• Short Term Event Permits (AMC 18.2.2.030.H): The short-term events
allowances have been left as they previously existing in the code, however an
additional subsection has been provided to specifically allow for food trucks on a
private property on a short-term basis of no more than once per month rather than
only once per year.
• Ministerial Permit: New `Food Truck Permit' language proposed would allow
up to three trucks or food carts in approved plaza spaces and private parking lots
through a ministerial permit.
• Site Design Review: A food truck pod, with more than three trucks on a property,
or the placement of food trucks other than on approved plaza space or parking
areas would be subject to a Site Design Review approval. As with other Site
Design Review applications, those within the historic districts would be subject to
review by the Historic Preservation Advisory Committee.
• Conditional Use Permit: At the Planning Commission's direction, any proposed
food truck or food cart operations within the downtown (C-1-D) district would
remain subject to Conditional Use Permit approval, which would include review
by the Historic Preservation Advisory Committee.
Findings of Fact and Conclusions of Law Page 2
• Residential Zones: The various `Allowed Uses' charts have been updated to
make clear that food trucks are not to be allowed within any residential zoning
districts.
• The proposed amendments do not include allowances for Food Trucks to be
located in public parking spaces or in on -street parking areas outside of
designated Special Events.
The City Council ultimately concurred with the Planning Commission that food trucks
and food carts can serve as incubators for restauranteurs to make a more affordable entry
into the business without a bricks -and -mortar investment which could help to diversify
the local economy while also activating and enlivening under-utilized spaces. The
Council found that the changes proposed here would provide "Clear and objective
standards for development reviews that provide for a quick and predictable approval
process with a reduced amount of uncertainty" as sought in Policy 2.g of Goal 7.07.03 of
the Economic Element of the Ashland Comprehensive Plan.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A. Consistency with City of Ashland approval criteria for legislative amendments,
AMC 18.5.9.020.13
B. Consistency with City of Ashland Comprehensive Plan and Other City Policies
C. Consistency with Oregon Statewide Planning Goals
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland approval criteria for legislative amendments and
zoning map amendments, AMC 18.5.9.020.E
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are 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 Ill procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 1M for
annexation information), and urban growth boundary amendments. The following
planning actions shall be subject to the Type 111 procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except
where minor amendments or corrections may be processed through the Type Il
procedure pursuant to subsection I18.5.9.020.A above.
Findings of Fact and Conclusions of Law Page 3
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. (Ord. 3195 § 5, amended, 1210112020)
Finding: Ashland Municipal Code (AMC) 18.5.9.0203 permits legislative amendments
to meet changes in circumstances and conditions. The City Council finds that with the
economic downturn that followed the COVID-19 pandemic, food trucks and food carts
can serve as incubators for restauranteurs to make a more affordable entry into the
business without substantial bricks -and -mortar investments and can help to enliven and
activate under-utilized spaces, thereby benefitting the local economy without creating
permanent barriers to properties ultimately developing to their highest and best uses. The
Council further finds that existing regulations could serve to discourage food trucks and
food carts, while the proposed amendments seek to provide greater options for a quick
and predictable approval process with a reduced amount of uncertainty. The City
Council finds it is necessary to amend the land use ordinance in order to provide
additional options for the operation of food trucks and food carts in Ashland.
B. Consistency with the Ashland Comprehensive Plan and other City Policies
The Ashland Comprehensive Plan includes a goal in its Economic Element to "To ensure
that the local economy increases in its health, and diversifies in the number, type, and
size of businesses consistent with the local social needs, public service capabilities, and
the retention of a high quality environment (Goal 7.07.03)."
Finding: The proposed land use code amendments would encourage a greater diversity in
the number, type and size of business consistent with the local social needs in providing
additional options for small business owners wishing to operate food trucks and food
carts in Ashland to benefit the health of the local economy.
The Ashland Comprehensive Plan includes a policy in its Economic Element that calls
for "Clear and objective standards for development reviews that provide for a quick and
predictable approval process with a reduced amount of uncertainty (Goal 7.07.03, Policy
2.
Finding: Existing land use regulations limit food trucks and food carts to short term
events which are limited to once per year on an individual property; to events which are
accessory to established, approved uses; and otherwise require Conditional Use Permit
approval, a discretionary land use approval which involves both time and uncertainty
which can discourage potential applicants. The proposed land use code amendments
provide additional options for the operation of food trucks and food carts which provide
quick and predictable ministerial approval process with a reduced amount of uncertainty.
Findings of Fact and Conclusions of Law Page 4
The City Council finds and determines that the proposed land use code amendments are
consistent with the Comprehensive Plan and other aforementioned City documents and
policies.
C. Consistency with Oregon Statewide Planning Goals
GOAL 1: CITMENIIVVOLVEMENT
To develop a citizen involvement program that ensures the opportunity for citizens to be
involved in all phases of the planning process.
Finding: The City of Ashland meets this requirement by having the Planning
Commission serve as the Committee on Citizen Involvement, as well as having various
citizen commissions with opportunities for the public to testify on general or specific
matters. The Planning Commission discussed the proposed code amendments at four
public meetings and then conducted a public hearing on December 13, 2022. This
hearing was held in a hybrid format, with options to participate both in person, via e-
mailed testimony, or electronically via Zoom video-conferencing . Opportunities to
provide written and oral testimony were available at all commission meetings and at the
public hearing. The Planning Commission recommended approval of the attached
ordinance. This Goal is met.
GOAL 2: LAND USE PLANNING
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual bases for
such decisions and actions.
Finding: The proposed land use code amendments have an adequate factual base, as has
been thoroughly described through the application and hearing process. The
implementation measures proposed are consistent with Comprehensive Plan polices as
noted in these findings. The Goal is met.
GOAL 3: AGRICULATURAL LANDS
To preserve and maintain agricultural lands.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to agricultural lands outside of the Ashland Urban Growth Boundary (UGB).
GOAL 4: FOREST LANDS
To conserve forest lands by maintaining the forest land base and to protect the state's
forest economy by making -possible economically efficient forest practices that assure the
continuous growing and harvesting offorest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and
to provide for recreational opportunities and agriculture.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to forest lands outside of the Ashland UGB.
Findings of Fact and Conclusions of Law Page 5
GOAL 5: NATURAL RESOURCES, SCENICAND HISTORICAREAS, AND OPEN
SPACES
To protect natural resources and conserve scenic and historic areas and open spaces.
Finding: The proposed land use code amendments will not negatively impact inventoried
Goal 5 resources.
The primary change here would be to create a ministerial permitting process for the
operation of food trucks and food carts within existing, approved plaza spaces requiring
no physical alteration to the site or within existing, approved parking lots where the truck
or cart would not remain in place for more than five consecutive days. Ashland's
Physical and Environmental Constraints Review procedures in AMC 18.3.10 and Water
Resource Protections Zones Ordinance in AMC 18.3.11 are not proposed to be modified
and would remain in place to protect natural resources from negative impacts.
Existing procedures requiring Conditional Use Permit approval, with review by the
Historic Preservation Advisory Committee, would be retained for any proposed food
truck or food cart operations within the historic downtown's C-1-D zoning district.
Similarly, proposals involving food truck pods, with more than three trucks on a property,
or the placement of food trucks other than on approved plaza space or parking areas
would be subject to Site Design Review approval. As with other Site Design Review
applications, those within the historic districts would be subject to review by the Historic
Preservation Advisory Committee. The Goal is met.
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY
To maintain and improve the quality of the air, water and land resources of the state.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal. This proposal does not modify the existing goals and policies, and does
not negatively impact Goal 6. This Goal is met.
GOAL 7. AREAS SUBJECT TO NATURAL IIAZARDS
To protect people and property from natural hazards.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal. This proposal does not modify the existing goals and policies, and the
proposed additional options for the operation of food trucks and food carts in Ashland
does not negatively impact Goal 7.
AMC 18.3.10 `Physical and Environmental Constraints Overlay' regulates the
development of flood plain corridor lands, hillside lands, hillside lands with severe
constraints, and wildfire lands. The standards applying to the aforementioned natural
hazard areas follow the same provisions for any proposed development, and the proposal
will not alter the applicability of the city's Physical and Environmental Constraints
Findings of Fact and Conclusions of Law Page 6
Overlay regulations or the protection from natural hazards they were implemented to
provide.
Generally, there are few commercially zoned areas subject to these regulations, and the
primary change proposed here would create a ministerial permitting process for the
operation of food trucks and food carts within existing, approved plaza spaces requiring
no physical alteration to the site or within existing, approved parking lots where the truck
or cart would not remain in place for more than five consecutive days. In both cases, the
proposed changes seek to provide greater options to operate food trucks and food carts in
already developed areas where there would be no additional impacts to physically -
constrained areas, and thus no change in existing protection from natural hazards for
people or property. This Goal is met.
GOAL 8: RECREATIONAL NEEDS
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 7 and recreational needs. This Goal is met.
GOAL 9: ECONOMIC DEVELOPMENT
To provide adequate opportunities throughout the state for a variety of economic
activities vital to health, welfare, and prosperity of Oregon's citizens.
Finding:
With the economic downturn that followed the COVID-19 pandemic, food trucks and
food carts can serve as incubators for restauranteurs to make a more affordable entry into
the business without substantial bricks -and -mortar investments and can help to enliven
and activate under-utilized spaces, thereby benefitting the local economy without creating
permanent barriers to properties ultimately developing to their highest and best uses.
While existing regulations could serve to limit opportunities and discourage food truck
and food cart operators, the proposed amendments seek to provide greater options for a
quick and predictable approval process with a reduced amount of uncertainty.
The proposal does not modify the existing goals and polices related to Goal 9 and
economic development, but rather seeks to provide additional opportunities for the
operation of food trucks and food carts in Ashland by providing greater options for a
quick and predictable approval process with a reduced amount of uncertainty. This Goal
is met.
GOAL 10: HOUSING
To provide for the housing needs of citizens of the state.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
Findings of Fact and Conclusions of Law Page 7
with this goal and the proposal does not modify the existing goals and policies related to
Goal 10 and housing needs, or apply to residentially -zoned property. This Goal is met.
GOAL 11: PUBLIC FACILITIESAND SERVICES
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a frameworkfor urban and rural development.
Finding: The City of Ashland has master plans in place for water, wastewater and
stormwater that address projected population growth and development in the Ashland
city limits and UGB. The Water Master Plan was completed in 2020 and projects and
plans for an adequate water supply for a 20-year planning period. The Wastewater Master
Plan was completed in 2012 and projects and plans for an adequate water supply for a 20-
year planning period. The Stormwater and Drainage Master Plan was completed in 2020
and projects and plans for an adequate water supply for a 20-year planning period. This
Goal is met.
GOAL 12: TRANSPORTATION
To provide and encourage a safe, convenient and economic transportation system.
Finding: The City of Ashland adopted a Transportation System Plan (TSP) in 2013
which has gone through the post acknowledgement amendment process. The
transportation system is planned to accommodate the population growth and development
of the community for the 20-year planning period.
The City of Ashland has not evaluated the impacts of the proposed additional options for
the operation of food trucks and food carts on the transportation system. The amendments
are not site -specific and therefore do not affect the functional classification of any street.
The amendments allowing ministerial permitting of food trucks or food carts within
existing, approved parking lots or existing, approved plaza space where food vendors and
outdoor dining are already among the required plaza space elements will have no
measurable impacts on the amount of traffic on the existing transportation system, as they
are limited to allowing the commercial use of lands already zoned, approved and
developed for commercial use, and therefore the amendments do not cause a "significant
effect" under ORS 660-012-0060. For food trucks and food carts proposed on private
property which will be subject to Site Design Review or Conditional Use Permit
approval, individual traffic impact analyses would be required where triggered by the
specifics of the individual proposal. This Goal is met.
GOAL 13: ENERGYCONSERVATION
To conserve energy.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 13 and energy conservation. This Goal is met.
Findings of Fact and Conclusions of Law Page 8
GOAL 14: URBANZL47TON
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
Finding: The proposed land use code amendments do not include changes to the Ashland
urban growth boundary, and do not encourage sprawl, lower than targeted densities or
uncoordinated development. The amendments proposed are limited to allowing
additional options for the operation of food trucks and food carts in Ashland. The
management of the City's land use inventories is unaffected by these amendments. This
Goal is met.
Based on the above discussion, the proposed amendments to the Ashland Land Use
Ordinance are consistent with the statewide planning goals and therefore comply with the
requirement that the amendments be consistent with state land use planning law.
Because the amendments are limited in scope, there are no other Administrative Rules
applicable to this amendment. Likewise, there are no other applicable Oregon Revised
Statutes that are criteria applicable to these amendments. (Note: Consistency with the
Transportation Planning Rule (TPR) is discussed further in this document.)
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and
analysis of the Planning Commission, and supporting documents together with all staff
reports, addenda and supporting materials in the whole record.
Specifically, the Council finds that the proposed land use code amendments are
consistent with City of Ashland approval criteria for land use ordinance and zoning map
amendments as set forth in ALUO 18.5.9.020.13 and are consistent with the City of
Ashland Comprehensive Plan and other City policies. The Council finds and determines
that the proposed amendments are consistent with the Oregon Statewide Planning Goals.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to AMC Title 18 Land Use as reflected in the
attached ordinance.
Ashland City Council Approval
City C�ocil pproval
3I1s1�3
Date
Findings of Fact and Conclusions of Law Page 9
Signature authorized and approved by the full Council this 71 day of March, 2023.
Attest:
&/('� 1<�
Melissa uhtala, City Recorder
Approved as to form:
-;� da
Date
2� cs- Is-
D as cCity IGjary,ey Date
Findings of Fact and Conclusions of Law Page 10