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HomeMy WebLinkAbout2001-020 Findings - Winburn BldBEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND STATE OF OREGON MARCH 20, 2001 IN THE MATTER OF PLANNING ACTION #2000-124, COMPREHENSIVE PLAN MAP AMENDMENT, ZONE CHANGE (R-1-7.5 TO C-l-D) AND SITE DESIGN AND USE REVIEW TO ALLOW FOR THE RENOVATION AND CONSTRUCTION OF AN ADDITON TO THE BUILDING LOCATED AT 51 WINBURN WAY FOR USE AS CITY OFFICE SPACE. ALSO, A REQUEST FOR ADMINISTRATIVE VARIANCE TO FOUR DOWNTOWN DESIGN STANDARDS. City of Ashland, Applicant ) ) FINDINGS OF ) FACT AND ) CONCLUSIONS ) OFLAW RECITALS: 1) Tax lot 2100 of 391E 09 BC is located at 51 Winburn Way. 2) The applicant is requesting a Comprehensive Plan map amendment, zone change, and site design and use review, including an exception to four of the Downtown Design Standards, to allow for the construction of an 4,086 square foot addition to the building located at 51 Winburn Way. 3) Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure and may be approved if in compliance with the comprehensive plan and if one of the following conditions exist: A public need, supported by the Comprehensive Plan. The need to correct mistakes. The need to adjust to new conditions. Where circumstances relating to the general public welfare require such an action. Further, The criteria for Site Design and Use Review approval are as follows: B. C. D. All applicable City ordinances have been met or will be met by the proposed development. All requirements of the Site Review Chapter have been met or will be met. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991). An exception to the Downtown Design Standards is not subject to the Variance requirements of Section 18.100 of the Ashland Municipal Code and may be granted with respect to the Downtown Design Standards if all of the following circumstances are found to be exist: 1) There is demonstrable difficulty in meeting the specific requirements of this chapter due to unique or unusual aspect of the site, an existing structure or proposed use of the site: 2) There is demonstrable evidence that the alternative design accomplished the purpose of the Downtown Design Standards and Downtown Plan in a manner that is equal or superior to a project designed pursuant to this standard or historical precedent. 3) The exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards. 4) The Council, following proper public notice, held a Public Hearing on March 20, 2001, at which time testimony was received and exhibits were presented. The record made before the Planning Commission was received and is made a part of the record for this proceeding. The Council approved the application subject to conditions pertaining to the al~propriate development of the site. Now, therefore, the Council of the City of Ashland finds and concludes 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 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 Council finds that the proposed Comprehensive Plan Map Amendment, Zone Change and Site Design and Use Review, including an exception to four of the Downtown Design Standards, to allow for the renovation and construction of an addition to the building located at 51 Winburn Way meets all applicable criteria for a Plan Amendment and Zone Change (18.108) and Site Design and Use Review (18.72). 2.3 Comprehensive Plan Map Amendment and Zone Change. The Council finds that the proposed Plan Amendment and Zone Change comply with one or more of the applicable criteria described in 18.108.060B. The Council finds that the proposal is consistent with the stated public need described in the goal of the Public Services Element in Chapter IX of the Comprehensive Plan. Goal: Provide public utilities, services and facilities in an orderly, efficient and environmentally sensitive way and in sufficient quantity to meet the needs now and in the future. The need for additional City office space was determined after conducting an extensive space needs study for the Department of Community Development, Public Works Administration and Engineering Services. The study included broad based citizen involvement through the formation of a Space Needs Committee, appointed by the Mayor and consisting of several citizens and City Staff. The Council finds that the proposal makes efficient use of an existing building and site within the downtown core area by its renovation and expansion. Through combining the services of the Community Development Department, Public Works Administration and the Engineering Division, greater convenience is afforded to the public now and in the future through access to multiple services and programs at a single location. Similarly, as Ashland's population continues to increase, the demand for City services and public facilities will likely increase. The proposal will accommodate the additional programs and services necessary to accommodate the additional needs of the community, as well as providing adequate space to house existing personnel as well as future staffing considerations. 2.4 Site Design and Use Review. The Council finds that the proposed changes to the building and site readily reflect community values and mandatory design standards related to building design and site planning. In order to accommodate the expansion, the expanse of parking currently situated between the street and building shall be removed, and proposed off-street parking will be located to the side of the building. The front addition to the structure includes design elements of human scale and proportion, demonstrating the building's primary orientation toward the public street by clearly establishing the relationship of the building's main entrance to the public sidewalk, Winburn Way and Lithia Park. The strengthening of the building's entrance and provision of public space in front, acknowledges the civic function of the structure and the anticipated public use and interaction with the community. 2.5 Exception to the Downtown Design Standards. The application includes a request for an exception to four of the city's Downtown Design Standards (VI-B-l, VI-C-l, VI-D-1 and 2). The Council finds that there is demonstrable difficulty in meeting the specific requirements of certain design standards due to the location of the existing building relative to existing off-street parking, Ashland Creek and the adjoining flood plain, and the existing public stairway to the rear of the building. The alternative design accomplishes the purpose of the Downtown Design Standards and Downtown Plan through its incorporation of historically compatible design elements (i.e. cornice, lintels, concrete base, storefront windows and door) and building materials. The Council finds that the application brings the building and site into compliance with a majority of City Design Standards that the existing building and site currently fail to conform to. 2.6 Building Height. The opponent argues: "The unnecessarily large building footprint is not consistent with the underlying philosophy of land use in Ashland." And goes on to argue: "This application because it does not call for the building of a City building to the height limit which is 40 feet (55 with a Conditional Use Permit) unnecessarily wastes the City resource of land." The Council contends that the opponent has not raised a coherent objection to the proposal based upon the applications failure to comply with an applicable approval standard. Evaluating the application based upon the idea that it either contributes or does not contribute to sprawl is not an applicable approval standard. The Council finds that land use ordinance does not require an addition to an existing building to be built to a minimum height. Consequently, the Council finds that the 24-foot building height of the proposed addition complies with the 40-foot maximum building height standard in the C-1- D zoning district. 2.7 Ashland Transportation Element. The opponent argues that the application fails to comply with all applicable city ordinances (18.72.070 A.), yet cites only the City's Transportation Element of the Comprehensive Plan as an applicable approval standard. The Council finds that the Transportation Element alone does not constitute an applicable standard. Further, the opponent does not state the specific Element goal, policy or city ordinance that they contend the application violates. Consequently, the Council in unable to respond to the objection based upon the opponent's failure to provide sufficient specificity as to what specific approval standard the application fails to meet. 2.8 Comprehensive Goals and Policies. The opponent cites three Plan Goals from three separate Elements of the Ashland Comprehensive Plan -- Chapter IX-Public Services, Chapter XI-Energy, Air and Water Conservation and Chapter XII-Urbanization. In each case the opponent makes a similar argument, that by building a single story rather than multi-level building the applicant (City of Ashland) is wasting land and therefore contributing to sprawl. The opponent thus contends that the proposal runs contrary to the aforementioned Plan Goals. The Council finds that the cited Plan Goals represent broad community objectives consistent with Oregon's Statewide Planning Goals, and do not constitute independent approval standards. Further, the Council finds that the construction of an addition to an existing, older structure located in the City's downtown core does not waste land and contribute to sprawl, but rather demonstrates the City of Ashland's commitment to maintaining municipal services in the downtown historic area. The applicant cites policy VI-2-C from the City's Comprehensives Plan's Housing Element (Chapter VI), again asserting that the 4,000 square foot, single story addition is inconsistent with the policy and incompatible with the surrounding neighborhood. Chapter XIII of Ashland's Comprehensive Plan identifies all Plan Policies and the manner in which each specific policy is intended to be implemented. The Land Use Ordinance implements Policy VI-2-C through the Conditional Use Permit process in multi-family zoning districts. Given that the application does not involve multi-family zoned property or a conditional use, the council finds that the proposal does effect the implementation of the cited policy. SECTION 3. ULTIMATE CONCLUSIONS AND DECISION 3.1 Based upon the foregoing findings of fact, conclusions of law and evidence contained in the whole record, the City Council finds and concludes that the application for a Plan Map Amendment, Zone Change and Site Design and Use Review have satisfied all relevant substantive standards and criteria contained within the Ashland Municipal Code and the Ashland Site Design and Use Standards. The City Council ultimately concludes, based upon the foregoing and the following conditions, that planning application 2000-124 complies with all requirements of the City of Ashland and of the State of Oregon. Therefore, the City Council upholds the decision of the Ashland Planning Commission and approves with conditions planning application 2000-124 and imposes the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That street trees, as per the approved landscaping plan, shall be installed along the frontage of the property prior to the issuance of a certificate of occupancy. Street trees to be chosen from Ashland's Street Tree List. 3) That a revised site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission be submitted for review prior to the issuance of a building permit. Landscaping to be installed in accordance with the approved plan prior to the issuance of a certificate of occupancy. 4) That all easements for sewer~ water, electric, phone, cable and streets be indicated on the final survey plat as required by the City of Ashland. 5) That all requirements of the Ashland Fire Department be complied with prior to issuance of a certificate of occupancy for the building. 6) That bicycle parking to be installed prior to issuance of a certificate of occupancy. Bicycle parking/racks to be constructed and installed in accordance with the approved plan and City standards described in 18.92. 7) That a final drainage plan be reviewed and approved by the Public Works Department. 8) That historic-style street lamps shall be installed as per the approved plan prior to the issuance of a certificate of occupancy. 9) That design changes consistent with the recommendations of the Ashland Historic Commission described in their memo dated February 12, 2001, be incorporated into the revised building elevations prior to issuance of a building permit. The revised building elevations shall be reviewed and approved by the Staff Advisor for consistency with the Commission's recommendations. CITY OF ASHLAND, OREGON By: Alan DeBoer, Mayor Date