HomeMy WebLinkAbout1973-0619 VALENTINE FINDINGS APPLICATION NO. 38
FINDINGS OF FACT AND DETEPJ4INATION
On June 19, 1973 a Public hearing before the
Common Council of the City of Ashland was held with regard
to the application of John G. Valentine for a change of zone
from County C-1 (Tourist Con~ercial) and F-R (Farm Residential)
to City Zoning of C-1 (Retail Commercial) upon certain property
situated at 2525 Highway 66, Ashland, Oregon, pursuant to
the publication of notice thereof, as required by law. At
said Public tlearing comments both for and against the issue
from members of the public in attendance were heard by the
Common Council, including a report made by the Ashland City
staff members, and a review of Resolution No. PC-73-03
of the Planning Commission of the City of Ashland, recommending
the approval of such reclassification of said property.
Being fully appraised of the facts and after due deliberation
thereon, the Common Council of the City of Ashland does
hereby Make and Enter the following
FINDINGS
1. Conformity With the Comprehensive Plan.
The requested change conforms with the Ashland
Con~rehensive Plan, adopted by the City of Ashland, the 19th
day of Septenter, 1967, which said Plan has been since
that date, and still is, in full force and effect. The
intended use of the property under the proposed new zoning is
for a motel-restaurant complex. The land use map shown as
Figure 3 in the Comprehensive Plan indicates that this
area has been designated for "highway service commercial"
use, and the same is further explained on Page 13 of the
Plan, as being intended to provide for, among other services
closely allied to arterial or highway travelers, a motel and
restaurant use.
2. Public Need.
Ashland has a tourist-oriented economy, as is
evidenced by an annual increase in the attendance at the
Ashland Shakespearean Festival productions in the summer months,
the Fall and Stage II productions in the Spring. Furthermore,
the activities which are generated through Southern Oregon
College, in addition to the Mt. Ashland Ski Area, together
with the natural recreation facilities in the area, contribute
substantially to same. There is a public need for an expansion
of such tourist-oriented facilities, and the construction of
a motel-restaurant of the nature proposed would be advantageous
tO the public welfare, from a general economic point of view,
as well as providing personal convenience for visitors
of our citizens who are not strictly "tourists.'" There is
a lack of adequate banquet and meeting room facilities,
the latter being a natural concomitant to a tourist-oriented
area, which lack this new facility will help overcome.
3. No Other Land Available.
For newly annexed areas, the zoning regulations in
effect in that area prior to annexation to the City shall
continue to apply. In this instance, the Jackson County Zoning
Ordinance for the Northeast Ashland Area indicates that
this particular area is to be used for C-1 (Tourist-Commercial)
and a small portion of it as Farm Residential. Under the
Ashland Zoning Ordinance, C-1 and C-2 Districts allow motels
as a Conditional Use. In each, restaurants are a permitted
use. Land zoned C-1 or C-2 within the city limits of the size
necessary for the construction of this type of facility, being
readily accessible to freeway travelers, is inadequate for the
goal contemplated by the Comprehensive Plan, as set forth on
Page 13, (pertinent to the services designed for arterial or
highway travelers). The demonstrated need for the motel-
restaurant complex dictates a justification for the re-zoning
of this particular area, notwithstanding the fact there may
be other areas of similar size existing within the city limits
which are already zoned C-1 or C-2, because the location of those
is more suitable for the other permitted uses as are contemplated
under the Plan for the future.
4. No Adverse Effect on Adjoining Land.
The land adjacent to the area in question presently
is being used for arterial or traveler-oriented services, in
that there is immediately adjacent to the land a Texaco Service
Station, immediately across is a Chevron Standard Station and
across and somewhat diagonally situated is a small motel, so
that as to those areas, the re-zoning would have no adverse
affects. The land immediately adjacent to the East is a
farm residential area, the physical features of which existed
prior to the time the Jackson County Comprehensive Plan, the
County ~IZoning Ordinance for the Northeast Ashland Area'~ or,
the Ashland Comprehensive Plan became effective. Yhat area is
presently affected by traffic noises, and the possibility of
annoyance from headlights and parking areas around the motel-
restaurant facility will be diminished by the requirement of
the Conditional Use Resolution adopted by the Ashland Zoning
Adjustment Committee, particularly those requiring the con-
struction of a wall and certain landscaping. The adverse
effects, if any, of an aesthetic nature, likewise will be
satisfactorily diminished by the restrictions which are placed
upon the construction of the facility by said Resolution
adopted by the Zoning Adjustment Committee. Therefore, it
is found that the adverse effect on the adjacent land, if any,
is minimized and is not of such stature as to overweigh the
advantages to be gained for the general public's welfare and
benefit through the allowance of the use of a motel-restaurant
at that location.
5. Degree of Change.
The construction of Interstate Highway ~]o. 5, and
of Ashland at the point where this proposed are is located,
by necessity contributed substantially to the determination
of the future uses of this area. The Common Council takes note
of the fact that there are motel-restaurant facilities located
at almost all such interchanges along Interstate Highway No. 5
where their economic feasibility has been indicated. During
the intervening period of time from the construction of the
interchange, this area has changed from farm residential
land to tourist-oriented facilities, as evidenced by the
construction of service stations on all four corners of the
interchange as a unit, plus a restaurant-motel facility
on the northwesterly corner, a small motel unit on the
southeasterly corner, and by the expansion and improvement
of the airport facilities owned by the City of Ashland which
are within one mile of this area. A substantial portion of
the area to be re-zoned is now zoned by the Jackson County
"Zoning Ordinance for the Northeast Ashland Area" as C-1
(Tourist-Commercial District) under which classification such
a use as is now contemplated would be permitted. In fact,
the Jackson County Adopted Comprehensive Land Use Plan and
the "County Zoning Ordinance for Jackson County" have
designated this area as "Interchange Commercial," under which
such would be allowed as a Permitted Use. Therefore, if the
area had not been annexed, the zoning would present no problem
for the contemplated use, and as to that portion, there is found
to be no change.
The balance of the proposed area is now zoned "F-R,
Farm Residential~' District. The nature of the uses allowed or
permitted under that Ordinance for that District are such
that the aesthetic results which could arise therefrom, when
compared to the use of the area as a motel-restaurant complex
would encourage the latter use.
These Findings are made by the Common Council as
part of, and in support of, the action taken in its re-zoning
of the area beforementioned, which action was taken June 19
1973.
I hereby certify that the foregoing Findings were
adopted by the Common Council of the City of Ashland on the
19th day of June , 1973, the vote being as follows:
Ayes 6 , Nays 0 , Absent None .
CITY RECORDER FOR THE CITY OF ASHLAND
Robert D. Nelson
Actins Recorder