HomeMy WebLinkAbout1991-0820 THORMAHLEN FINDINGSBEFORE THE ASHLAND CITY COUNCIL
July 2, 1991
IN THE MATYER OF PLANNING ACTION #91-049, REQUEST FOR A
A COMPREHENSIVE PLAN MAP CHANGE AND ZONE CHANGE
FROM R-2 TO C-1-D FOR THE PROPERTIES LOCATED AT 80
HARGADINE STREET AND 130 HARGADINE STREET, AND 96
WEST FORK STREET. APPHCATION ALSO INVOLVES A
CONDITIONAL USE PERMIT TO OPERATE A MOTEL AT 80
HARGADINE STREET, 130 HARGADINE STREET AND 96 WEST
FORK STREET.
APPLICANT: PHILIP AND SHARON THORMAHLEN
AGENT: THE RICHARD STEVENS COMPANY
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FINDINGS,
CONCLUSIONS
AND DECISION
SECTION 1. RECITALS
1.1 Tax lots 4900 and 5000 of 391E09BC are located at and near the intersection of
Hargadine, Fork, and Pioneer Streets and are zoned R-2, Multi-Family Residential.
1.2 The applicants are requesting a Comprehensive Plan Map and Zoning Map change
from R-2 to C-1-D (Downtown Commercial), and a Conditional Use Permit to allow for
use of the properties for motel purposes.
1.3 The criteria for approval of a Type III amendment to the Comprehensive Plan Map
or Zoning Map are found in 18.108.060 of the Ashland Land Use Ordinance, and the
criteria for approval of a Conditional Use Permit are found in 18.104.020.
1.4 The Ashland Planning Commission, following proper public notice, held a Public
Hearing on May 14, 1991, at which time testimony was received and exhibits were
presented. The Planning Commission recommended denial of the application.
1.5 The Ashland City Council, following proper public notice, held a Pubtic Hearing on
July 2, 1991, at which time testimony was received and exhibits were presented. The City
Council denied the request for a Comprehensive Plan Map change, Zoning Map change,
and Conditional Use Permit for the subject properties.
SECTION 2. CRITERIA
2.1 The criteria for approval of a Comprehensive Plan Map and Zoning Map Change are
found in 18.104.020 of the Ashland Land Use Ordinance. Map changes, such as those
proposed, are Type III Amendments, and are subject to the following criteria:
since the City's vacant land inventory indicated that very little C-1-D was currently vacant
and that there was a need to rezone other properties to increase the amount of land zoned
C-1-D.
Stevens stated that criterion b) was met in that the property was improperly zoned. He
stated that it is more appropriate to have zoning lines along the rear property lines between
parcels rather than along public streets, and that this change would help minimize the
impacts between the commercial zones and the residential areas.
Stevens said that criterion c) was met in that many changes regarding street lighting, on-
street parking, street closures, and development of the Shakespeare Festival had occurred
over time and had dramatically changed the neighborhood. He also stated that a recent
change in the Traveller's Accommodation ordinance also required them to have a
commercial zoning designation for the property in order to operate it as requested by the
Thormahlens.
Stevens said that criterion d) was met in that the property owners had been impacted by
many land use issues in the City.
Stevens further stated that the City had approved a similar zone change request at the
intersection of Helman and Hersey Streets, and that the precedent set by that zone change
supported this request also.
4.2 John McLaughlin, Senior Planner for the City of Ashland, explained the vacant lands
inventory and concurred that there was very little vacant land in the C-1-D zoning
designation. He further went on to read Policy XII-1 of the Comprehensive Plan which
refers to "need" for additional lands, which is as follows:
'XII-I: The City shall strive to maintain at least a 5-year supp~ of land for any
particular need in the City limits. The 5-year supply shall be determined by the rate of
consumption necessitated in the projections made in the Comprehensive Plan."
McLaughlin said that the policy refers to a "supply for a particular need" and not a supply
of land in any particular zone. McLaughlin further stated that the uses, or needs, of the
C-1-D zone are the same commercial uses allowed in the C-1 zone, and many of the uses
are allowed in the E-1 and M-1 zones also. The only use, or need, which is particular to
the C-1-D zone is adult book stores or adult movie houses, but that all other needs could
be accommodated on vacant lands in the C-l, E-I, or M-1 zones.
McLaughlin further said that individual zone change applications are derided by the
applicable criteria for each request, and that individual planning actions do not establish
a precedent.
4.3 Philip Thormahlen, Applicant, spoke of the impacts that surrounding uses had on their
property, and that this request was only to allow them to operate a traveller's
accommodation without living on the site.
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a Type III amendment:
a) A public need, supported by the Comprehensive Plan.
The Policy governing need for additional lands is Policy XII-1 of the Ashland
Comprehensive Plan and is as follows:
"The City shah strive to maintain at least a 5-year supp~ of land for any
particular need in the City limits. The 5-year supp~ shall be determined by the
rate of consumption necessitated in the projections made in the Comprehensive
Plan~ "
The plan policy refers to a supply of land for a particular need in the City and not
a supply of land in a particular zoning designation. The needs allowed under the C-
1-D zoning designation can be accommodated by lands zoned C-l, E-l, and M-l, with
the exception of adult book stores and adult movie houses. The vacant lands
currently in the C-1-D inventory would allow for adult uses, as would vacant
structures and redevelopment of structures elsewhere in the C-1-D zone. The
Council also finds that the need is not great for adult uses, noting that no
applications for adult book stores or movie houses have been received in the last 10
years and that there is a 5-year supply of Col-D lands available for such adult uses.
Therefore, the vacant lands inventory, included as part of the letter and materials
submitted by Craig Stone on May 9, 1991, dearly shows that adequate lands in these
zoning designations are vacant for the prescribed uses allowed.
Therefore the City Council finds that adequate commercial lands exist within the City
to accommodate particular commercial needs and that the applicant has failed to
meet the burden of proof for showing approval under this criterion, thereby not
proving that there is a public need for additional lands zoned C-1-D.
b) The need to correct mistakes.
The City finds that this land has been zoned in this manner even prior to the
adoption of the current comprehensive plan in November, 1982.. Further, the
property at 80 Hargadine Street was upzoned from R-l-10 to R-2 in November, 1983,
as stated in the Staff Report of May 14, 1991, and its approval by the City Council
at that time did not constitute a mistake. The Council further finds that zoning
boundaries along City streets is a common and normal zoning practice and does not
constitute a mistake in zoning of this area.
Therefore, the City finds that the application does not meet the burden of proof for
a Type III amendment under this criterion.
c) The need to adjust to new conditions.
The applicant provided statements that conditions of the neighborhood including
compelling circumstance relating to the general public welfare.
The applicant has further stated in their supplemental findings document that the
general public welfare of Ashland is dependent to a certain degree upon tourism and
that this zone change would be in support of that tourism component of the
economy.
The Council finds that there is adequate vacant lands in other commercial zones to
accommodate tourist housing for future uses, and that it is not a compelling
circumstance relating to the general public welfare to provide additional tourist
housing at this location.
The City Council therefore finds that the application as submitted falls to meet any of the
four criteria for approval of a Type III amendment.
SECTION 6. DECISION
6.1 Based on the entire record and the testimony received on this matter, the City Council
hereby denies the request for a Comprehensive Plan Map and Zone Change, finding that
the applicant has failed to meet the burden of proof for approval of such change.
6.2 Based on the entire record and the testimony received on this matter, the City Council
finds that the request for a Conditional Use Permit to allow for use of the existing
structures as motel units is only allowed as a conditional use in a commercial zone and is
therefore inextricably linked to the comprehensive plan map/zone change request:
Therefore, the Council denies the conditional use permit request based upon denial of the
concurrent comprehensive plan map/zone change request and also upon finding that the
motel use is not an allowed use, either permitted or conditional, in the existing R-2 zone.
6.3 Therefore, based on our overall conclusions, we deny Planning Action #91-049 in its
entirety. '
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Date
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