HomeMy WebLinkAbout1992-1201 POTOCKI FINDINGSBEFORE THE ASHLAND CITY COUNCIL
December 1,, 1992
IN THE MATTER OF PLANNING ACTION #92-121, REQUEST FOR A )
ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FROM R-2 )
(MULTI-FAMILY) TO C-1 (COMMERCIAL) FOR THE PROPERTY
LOCATED AT 150 N. PIONEER STREET.
APPLICANT: STAN POTOCKI AND BRUCE E. MCLEAN
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 11800 of 391E 9BA is located at 150 N. Pioneer and is zoned
R-2; Multi-Family Residential.
2) The applicant is requesting a Zone Change and Comprehensive Plan Map
change from R-2 (Multi-Family) to C-1 (Commercial) for the property. A
site plan in on file at the Department of Community Development.
3) The criteria of approval for a Type III amendment are as follows:
Type III amendments are applicable whenever there exists:
a public need;
the need to correct mistakes;
the need to adjust to new conditions;
or where compelling circumstances relating to the general
public welfare requires such an amendment.
4) The Planning Commission, following proper public notice, held a
Public Hearing on October 13, 1992, at which time testimony was received
and exhibits were presented. The Planning Commission recommended that
the City Council deny the application.
5) The City Council, following proper public notice, held a Public
Hearing on December 1, 1992, at which time additional testimony was
received and exhibits were presented. The City Council denied the
application.
Now, therefore, The Ashland City Council finds, concludes and recommends
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 proposed Zone Change and
Comprehensive Plan Map change from R-2 (Multi-Family) to C-1
(Commercial) for the property located at 150 N. Pioneer is not
justified under the criteria of approval for a Type III amendment
outlined in chapter 18,108,060 B.
2.3 The City Council finds that the existing R-2 zoning of the
property provides a buffer between the concentration of commercial
uses found to the south and the historic residential neighborhood
to the north. The R-2 zone allows for a transitional area to
develop along the zoning district boundary, by allowing a variety
of businesses as conditional uses. The Council believes that the
conditional uses of the zone provide the property owner with
several commercial options for the property, while protecting the
residential neighborhood from excessive commercial encroachment.
2.4 The Council believes it is necessary to perform a
comprehensive examination of the immediate area, and assess the
need for additional commercial property, rather than proceeding on
a lot by lot basis. An accurate prediction of the impacts to
adjacent properties is difficult without a concurrent development
proposal for the site.
2.5 The City Council does not believe that the increase in traffic
from 1988 to 1992 was so significant that there exists the need to
adjust to new conditions. The information provided by the
Engineering Division showed that the surveys were compiled at the
beginning and middle of the tourist season. This appears to be
reflected in the percent increase in the number of daily trips over
that period. Further, traffic flows along other residential streets
in the area have increased at a comparable rate, indicating that
the increase it not unique to Pioneer Street.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearings on this matter, the
Ashland City Council concludes that the proposed Zone Change and
Comprehensive Plan Map change from R-2 (Multi-Family) to C-1
(Commercial) for the property located at 150 N. Pioneer is not supported
by information in the record.
Therefore, based on our overall conclusions,
#92-121.
we deny Planning Action
Mayor
Date
City Recorder
Date