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HomeMy WebLinkAbout1991-057 Findings - PA 91-067BEFORE THE CITY COUNCIL ASHLJ%ND, OREGON July 16, 1991 IN THE MATTER OF PI2~NNING ACTION #91-067, REQUEST FOR A ZONING MAP AND COMPREHENSIVE PLAN MAP CHA~NGE TO CORRECT A MAP DRAFTING ERROR. CHANGE IS FROM R-2 TO E-1 AND MULTI-FAMILY RESIDENTIAL TO EMPLOYMENT FOR THE PROPERTY LOCATED AT 250 NORTH PIONEER STREET AND FIRST STREET. APPLICANT: CITY OF ASHLAND FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 13400 of 391E 9BA is located at 250 North Pioneer and is zoned R-2; Multi-Family Residential. 2) The applicant is requesting a Zoning Map and Comprehensive Plan Map change to correct a drafting error. The change is from R-2 to E-1 and Multi-Family Residential to Employment. A site plan is on file at the Department of Community Development. 3) The criteria for approval of a Type III amendment (zone change, comprehensive plan map change) are as follows: Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. Where compelling circumstances relating to the general public welfare require such an action. The Council believes that Criterion b), the need to correct mistakes is the relevant criterion. 4) The city Council, following proper public notice, held a Public Hearing on July 16, 1991, at which time testimony was received and exhibits were presented. The Council approved the application as presented. Now, therefore, the Common 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 wilI 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 SECTION 2. CONCLUSORY FINDINGS 2.1 Th~ 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 proposal for a Zoning Map and Comprehensive Plan Map change from R-2, Multi-Family Residential, to E-i, Employment, meets criterion "b" as outlined in 18.108.060B(1). Historically, this land was developed as the Twin Plunges natatorium. From historical aerial photographs, it has been shown that t~he extent of the building improvements for the natatorium (which also included a dance floor) was to near the rear property lines of those developed residential properties along "B" Street. Therefore, the Council finds that the historical pattern of development was that residential occupied the row of properties along "B" Street, and commercial uses were behind these lots. In 1978, when the Valley of the Rogue Bank received initial approval for a bank at this location, the zoning was C-l, Heavy Commercial. This designation was taken from the 1978 Comprehensive Plan and is what was in effect at that time. In the 1978 Comprehensive Plan, the city had 4 different commercial zones -- Downtown Commercial, Retail Commercial, Highway Commercial, and Heavy Commercial. There were also two industrial zones, Light Industrial and Heavy Industrial. In the 1981 Comprehensive Plan, a new zone was created Employment (E-i). This zone combined many of the uses spread between Heavy Commercial and Light Industrial, while also allowing many of the uses of the Retail Commercial and Highway Commercial. In developing the new zoning map of the City incorporating the I zone, areas previously designated as heavy commercial were converted to the E-1 zone. It was during this conversion that the Council believes a drafting error was made on this parcel. The maps were converted and drawn by an intern from Southern Oregon State College during the development of the 1981 Comprehensive Plan. The error made during the conversion was not detected by the Planning Staff at that time, and has continued in error since plan adoption. The 1978 Comprehensive Plan map is included as part of this report. Recently, the Valley of the Rogue Bank received an approval for a minor land partition for this parcel. Staff had assumed that the entire parcel was zoned E-l, and processed the partition upon this assumption. Therefore, the Council finds that based upon the historical development of the property, the zoning and comprehensive plan designations of the 1978 Comprehensive Plan, previous planning actions, and recollections of the intern who drafted the 1981 plan maps, there was a drafting error made on the maps and that the proper zoning for this area is E-1. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for a Zoning Map and Comprehensive Plan Map change from R-2, Multi-Family Residential, to E-i, Employment, is supported by evidence contained in the record. Therefore, based on our overall ~91-067. Council Cha~ Dated this ~_~/~337-day of August, conclusions, approve Planning Action Attest -~City Recorder 1991.