The URL can be used to link to this page

Home My WebLink About2005-170 Findings - Hal Dresner BEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND AUGUST 16,2005 IN THE MATTER OF PLANNING ACTION #2005-00328, REQUEST FOR A CONDITIONAL USE PERMIT TO USE ONE OF THE RESIDENTIAL CONDOMINIMUMS IN A MIXED-USE BUILDING FOR A HOTEL/MOTEL UNIT FOR THE PROPERTY LOCATED AT 180LITHIA WAY. APPLICANT: HAL DRESNER ) ) FINAL DECISION ) ) ) ) ------------------------------------------------------------------------------------------------------------------------------------------ THE APPEAL: This matter came before the City Council by a City Council majority vote pursuant to ALUO 18.108.110(B)(3). The City Council voted at the July 19,2005 meeting to appeal the Planning Commission Hearings Board's decision of Planning Action 2005-00328 at the request of the appellant oftht~ Type I approval, Colin Swales. The Hearings Board approved the application for a Conditional Use Permit to use one of two residential condominium units which are located on the third floor of a mixed use building. The application stated that the proposed use for the subject unit is for use as one "hotel/motel" unit, within the C-I-D; Retail Commercial District (subject to the Downtown Overlay standards). The Hearings Board determined that th~~ subject unit as proposed met the definition for a "motel" and approved the application for a Conditional Use Permit. RECITALS: 1) Tax lot 10700 of39 IE 09BA is located at 180 Lithia Way and is zoned C-I-D; Commercial. 2) The applicant is requesting a Conditional Use Permit to use an existing single-family residential condominium unit as a Hotel/Motel unit. 3) The criteria for a Conditional Use Permit are described in ALUO 18.104 as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportatlon can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. P A 2005-328 August 16, 2005 Page 1 City Council Findings 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The definition of "hotel" is described in ALUO 18.08.320 as follows: A building in which lodging is provided to guests for compensation and in which no provisions are made for cooking in the lodging rooms. 5) The definition of "motel" is described in ALUO 18.08.510 as follows: A building or group of buildings on the same lot containing guest units for rental to transients, with separate entrances directly exterior and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities. 6) The City Council, following proper public notice, reviewed the appeal of the Hearings Board decision de novo at a Public meeting on August 16, 2005 at which time testimony was received and exhibits were presented. The City Council denied the application. Now, therefore, The City 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 "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 2.1 We find that we have received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. PA 2005-328 August 16, 2005 Page 2 City Council Findings 2.2 We find that the subject unit is a single-family residential condominium unit and is located on the third floor of a mixed use commercial/residential condominium structure called the Jasmine Building, located on 180 Lithia Way, Ashland, Oregon. The Jasmine Building was approved in 2002 and constructed in 2004. The first floor consists of two retail/office condominium suites, and two private residential parking garages. The second floor consists of six professional office condominium units. The third floor consists of two residential condOlninium units, one of which is the subject unit, Unit #301. The second and third floors of the Jasmine Building are served by an elevator which is accessed from the interior of the building and serves the subject unit, Unit #301, as well as Unit #302. The elevator is accessed from the third floor from a common hallway, shared by the residents of both residential units. The subject unit may also be accessed by a stairwell from a ground level exterior door that leads to the interior common hallway that is shared by both residential units. 2.3 We find that the subject unit is contained in a mixed use building, with no on-site owner or manager office. 2.4 We find that the Jasmine Building (and hence the subject unit, Unit #301), is within the C-I-D, Retail Commercial District (subject to the Downtown Overlay standards). Hotels and motels are allowed within the C-I-D district subject to obtaining a Conditional Use Permit. ALUO 18.32.030(D). 2.5 We find that the proposal fails to meet an applicable criterion for a Conditional Use Permit described in the Conditional Use Permits Chapter 18.1 04. The US4~ of the residential condominium does not meet all the standards of the C-I-D zoning district, specifically ALUO 18. 1 04.050(A). ALUO 18.104.050(A) requires that the proposed use be in conformance with all standards within the zoning district in which the use is proposed to be located. The proposed use of the subject unit is neither a j;'hotel" nor a "motel" as defined by the ALUO, it is not a "permitted use," a "special permitted use," nor a "conditional use" within the C-I-D district. Since the proposed use of the subject unit is not an allowed use within the C-I-D; Retail Commercial District it is therefore not in conformance with all standards within the zoning district in which the proposed use is located. 2.6 We find that the proposal does not meet the definition as a hotel because: the subject unit has provisions for cooking in the lodging room. The lodging room is interpret1ed to mean the entire guest unit, inclusive of all rooms Inade available to and for the exclusivt;: use of the transient occupants. Since the subject unit has provisions for cooking made available for the transient occupants, this unit does not meet the definition of "hotel" as defined in ALUO 18.108.320. 2.7 We find that the proposal does not meet the definition as a "motel" as defined in ALUO 18.108.510 because it is only a single unit and because there is no proposed on site manager. PA 2005-328 August 16, 2005 Page 3 City Council Findings SECTION 4. ULTIMATE CONCLUSIONS AND DECISION: Based on the record of the Public Hearing on this matter, we find that the use of the residential unit as a hotel/motel unit with a Conditional Use Permit does not satisfy all relative substantive standards and criteria contained within the Ashland Municipal Code because it does not meet the definition of a "hotel" or a "motel." This application is denied. Dated August 16, 2005. ~J l--\~\-- John W. rvlorrison \ Mayor City of Ashland G:\legal\Reeder\PLANNING\180 Lithia Way\180 Lit Way CC Findings denial Final 8-16-05.doc P A 2005-328 August 16, 2005 Page 4 City Council Findings