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HomeMy WebLinkAbout2010-130 Findings - Croman Mill Site Plan BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON August 17, 2010 In the Matter of Amendments to the City of Ashland Comprehensive Plan, Zoning Map and Land Use Regulations Concerning the Addition of Chapter 18.53 Croman Mill and associated amendments, including six Ordinances implementing the Plan ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF LAW ) ) PURPOSE: Implement the Croman Mill Site Redevelopment Plan, December 2008. Implementation is achieved by six distinct ordinances: The first Ordinance amends the Comprehensive Plan to add Croman Mill land use text in Chapter 2 and on the Map Legend, but not to any particular property. This ordinance also adopts the supporting documents (i.e. Croman Study with staff modifications), as a support document to the Comprehensive Plan as well as adopts the Economic Opportunities analysis as support documents to the CompTehensive Plan. The second ordinance amends the Zoning Code to add Croman Mill District 18.53 and Zoning overlays as implementing regulations for the land use designation. Ordinances 3 and 4 amend the Site Design and Use Standards and other Development Code Sections to create specific standards for Croman Mill and for amendments for internal consistency, respectively. After establishing this framework the new comprehensive plan and zoning and overlays are applied to specific properties in Ordinance 5. Ordinance 6 creates priority for LEED buildings. PUBLIC HEARINGS: On December. 21,2009, a notice of the Planning Commission and City Council Public Hearings was sent by first class mail to approximately 255 owners of properties located in and within 200 feet of the proposed Croman Mill District boundary. Additionally, on December 21 and 23, 2009, 40 notices were sent to owners of properties that may have the use of the property impacted by the proposed rules in accordance with ORS 227.186. In addition to the required notice information in Ashland Land Use Ordinance (ALUO) 18.108,080 and ORS 227.186, the notices included the project web page address. The project web page includes the proposed Comprehensive Plan, map and ordinance amendments as well as information on the redevelopment planning and public process which resulted in the Croman Mill Site Redevelopment Plan (December 2008). The web page has been updated throughout the public workshop and hearing process with meeting materials as well as the record. Notice was published in The Ashland Daily Tidings on December 31, 2009 prior to the Planning Commission public hearing and on March 24, 2010 prior to the City Council public hearing. Notice was also sent to the Department of Land Conservation and Development on October 6,2009. Findings of Fact and Conclusions of Law Page 1 A Public Hearing was held at the Planning Cornrnission on January 12,2010 and continued to February 9 and February 23. A Public Hearing was held at the City Council on April 6, 2010 and continued to May 4, May 26, June I, June 15, June 29 and August 3. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. A. Consistency with City of Ashland Approval Criteria for Zone Changes, Zoning Map Amendments and Comprehensive Plan Map Changes, ALUO 18.108.060.B B. Consistency with City of Ashland Comprehensive Plan C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 9 as implemented by OAR Chapter 660, Division 9 D. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 12 as implemented by OAR Chapter 660, Division 12 EVALUATION AND COUNCIL FINDINGS: A. Consistency with City of Ashland Approval Criteria for Zone Changes, Zoning Map Amendments and Comprehensive Plan Map Changes, ALUO I08.I08.060.B ALUO I8.I08.060.B 1. Zone changes,.zoning map amendments and comprehensive plan map changes subject to the Type 111 procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18. 106. 030(G);or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in Findings ofFac! and Conclusions of Law Page 2 the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards setforth in 18.106.030(G) The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable-criteria for a period of not less than 60 years. Sections D and E do not. apply to council initiated actions. The area within the boundary of the proposed Croman Mill District including the former 64-acre Croman Mill site is primarily zoned M-l Industrial, with some additional areas ofE-1 Employment adjacent to the southern portion of Mistletoe Road and R-I Single Family on the approximately six-acre ODOT maintenance yard located on Tolman Creek Road. Additionally, the area adjacent to Siskiyou Boulevard and Crowson Road is within the Croman Mill District boundary and in the Ashland urban growth boundary (UGB), but is outside the city limits - this area is designated Employment in the Ashland Comprehensive Plan and is currently zoned Jackson County RR-5 Rural Residential. The Crornan Mill District Comprehensive Plan designation map includes approximately 100 acres, The proposed Croman Mill District includes five zoning overlays. The bulk of the district is the 64-acre Croman Mill site which would be divided between CI Compatible Industrial an OE Office Employment. Office uses area focused in the northern half of the district and manufacturing uses are concentrated in the southern half of the district in an effort to create distinct identities for each area and to maintain freight rail access to the industrial area. Current Proposed Zoning Overlays 70 30 23.5 29 o 16 o 6 o 10 6,5 0 Total 100 91' 'Approximately 9 acres in the plan area will remain in the M-1 Industrial designation, Croman Mill District Gross Acreages in UGB Existing Comprehensive Plan Industrial Employment Mixed Use Neighborhood Center Open Space Residential (R-1-5) . The Croman Mill District Zoning Land Use Overlays map includes less acreage because five tax lots in the city limits totaling approximately 9 acres that are included in the Croman Mill District Comprehensive Plan designation are not assigned a Croman Mill District zoning overlay. As a result, the existing M-l Industrial zoning will remain in place for the five tax lots (39IEI4AC, tax lots 1000, 1100, 1200 and Findings of Fac! and Conclusions of Law Page 3 1900, 391EI4BD tax lot 402). A CM rezone will not be necessary for the M-I retained properties to develop, however a rezone will be necessary to utilize any of the CM overlays. The ODOT maintenance yard at the northwest corner of the plan area would be NC . Neighborhood Commercial, a mixed-use area including small scale neighborhood commercial uses and residential units. There are two MU Mixed Use areas with one located between Hamilton Creek and Mistletoe Road and the other surrounding the south entrance on Siskiyou Boulevard. These areas are intended as transitions from the existing residential areas to the west and south, and would allow a mix of uses including office, light manufacturing and residential uses. The residential uses in the NC Neighborhood Commercial and MU Mixed Use overlays are limited to upper floors of the buildings. Finally, there is an OS Open Space/Conservation Overlay which includes the areas along Hamilton Creek, the Central Park, and the pond and creek in the southeast portion of the district. It is important to note that with the exception of the ODOT maintenance yard property on Tolman Creek Road, the proposed Comprehensive Plan and Zoning map changes are not a wholesale change of the plan and zone designations (e.g. a change from an industrial to a residential designation). Instead, the proposed map amendments are a redistribution of the uses allowed under the current M-I Industrial zoning. The title of the M -I Industrial zoning is somewhat misleading because the zoning district allows a wide range of commercial and employment uses including offices, retail, personal services, restaurants, nightclubs and bars, theaters, and hotels and motels in addition to those uses typically associated with industrial areas such as manufacturing, processing, assembling, mini-warehouses, outside storage of merchandise and raw materials, junkyard and auto wrecking yards, and concrete or asphalt batch or mixing plants. In short, the M-I Industrial zoning district includes the uses that are allowed in the C-I Commercial and E-I Employment zoning districts. In the proposed Croman Mill District, professional offices are targeted for the OE Office Employment zone, and manufacturing and assembly is the focus of the CI Compatible Industrial zone, with provisions to allow for some cross-over manufacturing and offices associated with the primary use ofthe zone. Stores, restaurants and shops of a neighborhood scale are located in the NC Neighborhood, and allowed throughout the OE Office Employment and CI Compatible Industrial zones at a more limited scale. The MU Mixed Use areas allow both the office and manufacturing and assembly uses. With the exception of the residential uses allowed in the MU Mixed Use zoning overlay, the uses included in the Croman Mill District are allowed under the current M -I Industrial and E-I Employment zoning. In keeping with the Croman Mill Site Redevelopment Plan (2008) project objectives and recommendations, land-intensive uses with low employment densities such as mini-warehouses, junkyard and auto wrecking yards, outdoor storage areas of unrestricted size, hotels and motels, building material sales yards and equipment Findings ofFae! and Conclusions of Law Page 4 storage yards are not permitted in the Compatible Industrial (CI) and Office Employment (OE) overlay zones. Additionally, retail and restaurant uses are limited to relatively small square footages under the proposed zoning, rather than being unrestricted in size or scope as is allowed ,under the current M -I Industrial and E-l Employment zoning. Accordingly, the Croman Mill Project involves comprehensive plan map changes, zoning map changes and changes to the text of the cornprehensive plan and zoning code implicating, ALUO 18.1 08.060.B as noted above. The changes are a refinement of the existing land use and zoning and not wholesale changes. At least one of the criterion is demonstrated by the planning action. Specifically, the Council finds the Comprehensive Plan and Zoning map amendments are necessary to respond to a substantial change in circumstances that have occurred since the existing plan and zoning designations were established. A number of factors contributed to the change in circumstances, and the subsequent master planning of the Croman Mill site including the evaluation of the current plan and zone designations, discussed below. The changes are also supported by public need and general welfare considerations as outlined in the Code. The Croman Mill Site was established as a lumber and planning mill in 1934, and this use or a similar sawmill use continued on the site until 1996. The "Industrial" designation on City maps has been in place at least since 1966. As late as 1980, the mill was still in full operation with 200 employees working two shifts a day, and it was the largest private employer in Ashland (Kramer, Historic Overview Study, 'Croman Mill Study Area', January 10,2008). As the timber industry declined in the 1980's and 1990's, lumber mills throughout Oregon closed as did the Croman Corporation operation on the Ashland site in 1996. Since the closure of the mill, the property has remained largely unused except for a temporary asphalt batch plant in 2001, and storage of used concrete and decommissioned equipment. The 2007 Economic Opportunity Analysis (EOA) raised a concern regarding the broad range of activities permitted in the M-l, and the compatibility with the site and surrounding uses. As a result, the EOA recommended preparing a master plan for the site to evaluate appropriate uses and to incorporate sustainable development concepts. Clearly, the end of the mill operations after six decades of use and the property being largely unused and vacant since that time have contributed to the efforts to re-examine the plan area. In 2001 there was an application to rezone the property for residential purposes, which the City ultimately denied. Subsequent to the City's decision, the 2007 Economic Opportunity Analysis (EOA) identified a need to retain existing employment lands, including the Croman Mill site, within the city limits and UGB to accommodate the forecasted employment through 2027. In terms of the trends in industrial uses, Ashland has attracted and is expected to continue to attract firms in the specialty manufacturing category which tend have a dedication to environmental issues, sustainable production and concern for the Findings ofFac! and Conclusions of Law Page 5 community such as Dagoba Organic Chocolates, Dream Saks and Plexis Healthcare Systems (Section V: Land Demand and Site Needs in Ashland, EOA, 2007), At the same time, more traditional heavy industrial uses are not occurring in Ashland, and the community established Comprehensive Plan policies which discourage industrial uses that use large amounts of water and/or emit pollutants. The master planning process was in response to a series of changing circumstances over a decade, and an effort to find opportunities to create a high quality employment center, to address development interests and to incorporate the community's values and goals. The plan area is retained for employment and economic purposes with 59 acres focused on manufacturing and office uses, 16 acres for mixed use with 100 percent manufacturing and office uses required on the ground floor, 10 acres of open space and 6 acres of neighborhood center with a mix of commercial and residential uses. The master plan allows more specificity than a standard zoning district for the plan area, and addresses long-term community goals such as creating family wage jobs, having a well-connected and multi-modal (i.e. pedestrian, bicycles, auto/truck, freight and transit) transportation system, preserving natural features, creating a built environment that respects Ashland's character, making desirable public spaces and incorporating green development standards. There were a number of issues raised regarding the Comprehensive Plan and Zoning Map changes and the need for the changes during the public hearings. The City Council finds and determines that all substantive issues were adequately addressed by City staff in the numerous staff reports and staff responses, and other materials in the record, whether such responses were made orally at the hearings or provided in written form as set forth in the record. All staff reports, staff materials, and other staff responses are hereby accepted by the City Council and are incorporated herein by this reference, The Council finds and determines that the proposed comprehensive plan amendments, map amendments, zoning amendments and zoning map amendments comply with the criteria of ALUO 108.108.060.8. B. Consistency with the Ashland Comprehensive Plan The Economic Opportunity Analysis (EOA) and Croman Mill Site Redevelopment Plan (December 2008) are being adopted as a supporting documents to the Ashland Comprehensive Plan concurrent with and as part of this action on Croman MilL 2. The proposed implementation program is consistent with and adequate to carry out goals and policies in the Ashland Comprehensive Plan, The Economic Element of the Ashland Comprehensive Plan was updated in 1991, and includes several goals and policies that establish the latitude to revise and update employment lands designations, as well as Findings of Fact and Conclusions of Law Page 6 which support the goals and objectives established in the Croman Mill Site Redeveloprnent Plan. Chapter VII The Economy Goal: To ensure that the local economy increases in its health, and diversifies in the number, type and size of businesses consistent with the local social needs, public service capabilities, and the retention of a high quality environment. Policy 1: The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to provide for the employment needs of its residents and aportion of rural residents consistent with the population for the urban area, Policy 2: The City shall design the Land Use Ordinance to provide for: e) Commercial or employment zones where business and residential uses are mixed. This is especially appropriate as buffers between residential and employment or commercial areas, and in the Downtown, Policy: The City shall develop and implement an economic development program which will attempt to increase the number, variety and size of retain, service, and light industrial activity employers in the urban area, with particular emphasis on employers who pay wages at or above the median County wage and employ from 5 to 100 people, or who are locally owned. The City shall work with regional economic development agencies or coordination regional economic development activities. Policy 4: In accordance with the policies VJJ-2 and VJJ-2 above, the City shall take such actions as are necessary to ensure that economic development can occur in at timely and efficient manner. Such actions may include the following: b) Utilization of available grants and loans to finance the extension of public facilities to lands zoned or plannedfor commercial or industrial use, c) Inclusion within the Capital Improvement programs facilities improvement which will help achieve long-range development goals and polices. Policy 7: The City is clearly unsuitable for the following types of businesses: a) Businesses which use large amounts of water, especially when Ashland's water needs peak. b) Businesses that emit significant amounts of air pollution, c) Businesses that create toxic wastes that require specialized disposal techniques not available locally. d) The City shall include in the Land Use Ordinance specific list of businesses that are prohibited form operations in the City Limits, or specific performance standards that would define uses that are unacceptable because they meet one or more of the above criteria. Findings of Fact and Conclusions of Law Page 7 The Council finds and determines that the proposed comprehensive plan amendment is internally consistent with the Comprehensive Plan; the CM zoning district, (Chapter 18,53 Croman Mill), and associated district standards and other ordinances changes are consistent with and implement applicable Ashland Comprehensive Plan Goals and Policies. C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 9 as implemented by OAR Chapter 660, Division 9 The City conducted an Economic Opportunity Analysis (EOA) in accordance with OAR 660-009-0015. The EOA was completed in April 2007, and is being adopted as a supporting document to the Ashland Comprehensive Plan as part of this action. OAR 660-009-0010(4) requires that post-acknowledgement plan amendments which change land areas over two acres from "an industrial use designation to a non-industrial use designation, or an other employment use designation to any other use designation" are consistent with the most recent economic opportunities analysis and acknowledged comprehensive plans. Industrial use is defined in OAR 660-009-0005(3) as "means employment activities generating income from the production, handling or distribution of goods. Industrial uses include, but are not limited to: manufacturing; assembly; fabrication; processing; storage; logistics; warehousing; importation; distribution and transshipment; and research and development. Industrial uses may have unique land, infrastructure, energy, and transportation requirements. Industrial uses may have external impacts on surrounding uses and may cluster in traditional or new industrial areas where they are segregated from other non-industrial activities." Other employment use is defined in OAR 660-009-0005(6) as "means all non-industrial employment activities including the widest range ofretail, wholesale, service, non-profit, business headquarters, administrative and governmental employment activities that are accommodated in retail, office and flexible building types, Other employment uses also include employment activities of an entity or organization that serves the medical, educational, social service, recreation and security needs of the community typically in large buildings or multi-building campuses," The Croman Mill District includes five zoning overlays - Compatible Industrial (CI), Office Employment (OE), Mixed Use (MU), Neighborhood Center (NC) and Open Space (OS), OAR 660-009-0010(4) does not apply to the six acres in the NC overlay because the current plan designation is Single-Family Residential, and the zoning of this portion of the plan area is R-l Residential. OAR 660-009-0010(4) potentially applies to the 85 acres which is currently included in the Industrial plan designationIM-1 Industrial zoning district and the Employment plan designationlE-1 Employment zoning district. Approximately 59 acres is proposed to be divided between the CI and OE zoning overlays, while 16 acres would be in the MU overlay and 10 acres would be in OS (see table on page 3). OAR 660-009-0010(4) does not clearly apply to the amendments to the City of Ashland Comprehensive Plan, Zoning Map and Land Use Regulations concerning the addition of Chapter 18.53 Croman Mill because the existing M-I Industrial and E-I Employment designations do not satisfy the definition for "industrial uses" or "other employment uses" Findings of Fac! and Conclusions of Law Page 8 in OAR 660-009-0005. Chapter 18.52 M-I Industrial District and Chapter 18.40 E-I Employment Districts permit both "industrial uses" and "other employment uses" as defined in OAR 660-009-005. Accordingly, the proposed Chapter 18,53 Croman Mill district also includes "industrial uses" and "other employment uses." Thus, the change in designations is from a hybrid industrial/employment designation (i.e. M-I and E-I) to a hybrid industrial/employment designation (i,e, CI, OE and MU). A more detailed explanation of the change in designations by acreage follows. Approxirnately 70 acres ofM-1 Industrial zoned land is in the Croman Mill Plan designation, and 61 of those acres are proposed to be changed to Compatible Industrial (CI), Office Employment (OE) and Mixed Use (MU). In accordance with ALUO Chapter 18,52 M-Ilndustrial District, permitted uses include "industrial uses" such as manufacturing, processing, assembling, research, wholesale or storage uses, as well as "other employment uses" including offices, retail, restaurants, theaters, hotels and motels, nightclubs and bars. Approximately 23.5 acres ofE-1 Industrial zoned land is in theCroman Mill Plan area, and is proposed to be changed to CI, OE and MU. In accordance with ALUO Chapter 18.40 E- I Employment District, permitted uses include "industrial uses" such as light manufacturing, manufacture of electric, electronic or optical instruments and devices, research establishments and manufacture of pharmaceutical and similar items, as well as "other employment uses" including offices, retail and restaurants. The permitted uses in the CI overlay are focused on "industrial uses." The CI overlay in the Croman Mill District permits outright manufacturing, assembly, fabrication and packaging, and administrative or research and development establishments. As a result, the land uses in the CI overlay are focused more in the industrial use classification compared to the permitted uses in the M-I Industrial zoning. Additionally, retail and restaurants are special permitted uses in the CI overlay, are limited to a maximum of 15% of the gross floor area. In contrast, retail and restaurants without any size limitations are permitted uses under the current M-Ilndustrial zoning. Similarly, offices are limited to 50 percent of the ground floor area in the CI overlay, whereas offices of any size are permitted uses in the M-I Industrial zoning district. The permitted uses in the OE overlay are focused on professional offices, and administrative or research and development establishments. As in the CI overlay, retail and restaurants are special permitted uses limited to a maximum of 15% of the gross floor area. Additionally, manufacturing, assembly, fabrication or packaging is a special permitted use that is limited in size to 50 percent of the ground floor area, The MU overlay allows manufacturing, professional offices and research and development establishments as permitted uses. Residential uses are special permitted uses, and are limited to the upper floors of buildings. The MU overlay is located on the western and southern periphery of the plan area, and is intended to provide a transition from the adjacent residential neighborhoods to the more intense industrial and employment uses in the interior of the site. Findings of Fact and Conclusions of Law Page 9 Despite that OAR 660-009-0010(4) is not clearly applicable to the amendments to the City of Ashland Comprehensive Plan, Zoning Map and Land Use Regulations concerning the addition of Chapter 18.53 Croman Mill, the Council finds that the proposed amendments are consistent with the most recent EOA. Similarly, the March 31, 2010 letter from John Renz, Department of Land Conservation and Development states that "the department does not see any conflict between the proposed Economic Opportunities Analysis (EOA) and the proposed Croman Mill Site Plan." The need to develop a rnaster plan for the Croman Mill site is identified in the EOA. The EOA recommends that the city "plan for industrial uses that are compatible with the City's economic development objectives." Additionally, the following excerpts concerning the Croman Mill site are from the EOA. "The Croman site is presently zoned M-l: the M-l zone permits a broad range of industrial activities - some of which, in our opinion, are not compatible with the site and surrounding uses. The City should considerer preparing a master plan for the site that evaluates appropriate uses and incorporates sustainable development concepts, One option is to develop an 'eco-industrial park. '" (p II) "The City should designate at least onesite from a master planned industrial park. The Croman Mill Site is the largest industrial site in Ashland. The site is largely vacant and is getting pressure for housing and associated retail uses, The employment forecast, however. is for 600 to 700 industrial jobs. Most of these will be in specialty manufacturing and other light industries. Ashland will have difficulty accommodating this employment if it does not have an industrial land " base. The Croman site is approximately 70 acres; it is unlikely that any individual user would require more than five acres, Many will need less than one acre," (p 5- 12) The EOA identifies potential growth industries and the characteristics of Ashland that will affect the types of businesses most likely to locate in the city. The EOA identifies industry clusters that will likely grow in Ashland including: Accommodations and Food Services; Retail; Health and Social Assistance; Arts, Entertainment and Recreation; Information; Professional, Scientific and Technical Services; and Specialty Manufacturing (p5-2). The high quality of life, and proximity to Interstate 5 and to other cities in Jackson County are identified as characteristics that will be important in attracting industries (p3-2), The EOA goes on to identify types of businesses most likely to locate in Ashland based on the characteristics of the community, and several of these growth industries are addressed by the Croman Mill plan including: I) professional services that need access to educated workers (e.g. software, design, engineering, research); 2) small food processing firms, especially firms specializing in organic or natural foods; and 3) small scale manufacturing firms with 50 or less employees (e.g. high-tech electronics, recreational equipment, furniture manufacturing, specialty apparel and other specialty firms) (p 3-2). The Croman Mill Plan includes an Office Employment (OE) zoning overlay to address professional Findings ofFac! and Conclusions of Law Page 10 service uses and a Compatible Industrial (CI) zoning overlay to address small food processing' and small scale manufacturing firms. Additionally, the Croman Mill plan is designed to provide a high-quality setting by including a walkable employment center with opportunities for small-scale restaurants and services serving the work force integrated into the plan area, as well as a central park and trails, and pedestrian, bike and transit facilities and connections to and through the development. The EOA includes a list of site needs for firms in the potential growth industries (pp 5-9 - 5-11). Many of the site attributes are standard for employment development including flat sites, access to roads, and access to fiber optics and telephone. However, several site attributes are connected to the high quality of life characteristic including pedestrian and bicycle facilities and land use buffers. Specifically, the report says "The ability for workers to access amenities and support services such as retail, banking and recreation areas by foot or bik~ is increasingly important to employers, particularly those with high-wage professional jobs. The need for safe and efficient bicycle ad pedestrian networks will prove their importance overtime as support services and neighborhoods are developed adjacent to employment centers." The Cromari Mill plan includes a street network and street design standards which include sidewalks with landscape buffers, and bike lanes on the primary street to address pedestrian and bike travel throughout the development. Additionally, the Croman Mill plan includes the extension of the Central Ashland Bike Path adjacent to the railroad right-of-way from Tolman Creek Road to Crowson Road. The Central Ashland Bike Path is an off-road multi-use path providing pedestrian and bicycle access in a northwest to southeast direction through Ashland following the railroad right- of-way. Currently the path is in place from Sixth Street to Tolman Creek Road, and it provides a quick and safe way to travel through the city. Finally, a multi-use path is included in the plan along Hamilton Creek which would provide a north-south connection from the plan area to Siskiyou Boulevard, as well as a east-west connection to the adjacent Tolman Creek Road neighborhood. In regards to land use buffers, the EOA says: ..,many Industrial areas have operational characteristics that do not blend as well with residential land uses as they do with Office and Commercial areas. Generally, as the function of industrial use intensifies (e,g, heavy manufacturing) so to does the importance of buffering to mitigate impacts of noise, odors. traffic and 24-hour 7-day week operations. Adequate buffers may consist ofvegetation, landscaped swales, roadways, and public use parks/recreation areas, Depending upon the industrial use and site topography, site buffers range from approximately 50 to 100 feet, Selected commercial office, retail, lodging and mixed-use (e.g. apartments or office over retail) activities are becoming acceptable adjacent uses to light industrial areas. The Croman Plan includes two areas designated in the Mixed Use (MU) zoning overlay- an approximately 4.5 acre area between Mistletoe Road and Hamilton Creek, and the southern part of the Croman Mill plan area at approximately 11.5 acres situated between Findings of Fact and Conclusions of Law Page 11 the city limits, Siskiyou Boulevard and Crowson Road. The MU zoning overlay allows office and compatible industrial uses on the ground floor. The upper floors of the buildings can be used for the office and industrial uses, as well as residential uses. The two MU areas are intended as transitions from the existing residential areas to the west and south to the more intense interior of the Croman Mill plan area. The two MU areas are more physically constrained than the remainder of the plan area because of the presence of creeks (i.e. Hamilton and Golf Course creeks), wetlands and steeper slopes. This combination the smaller size parcels and having physical constrained parcels makes the areas to be more likely to developed with buildings of a smaller footprint and size. The Council finds the small parcel sizes and physical constrains of the land combined with the proximity to adjacent residential neighborhoods makes the two MU areas good candidates for land use buffers as described in the EOA. The EOA provides a comparison ofland supply and need for Ashland (p 6-1). The City has 155.1 net acres in the Ashland UGB, and the report identifies a need for 161 net acres for the twenty year planning period of 2006-2027 ' The Council finds the Croman Mill plan is consistent with the EOA by retaining non-residentially designated lands in the plan area in office and light industrial zoning overlay designations for job creation purposes. Additionally, approximately six acres of residential designated land currently used for the Oregon Department of Transportation (ODOT) maintenance yard is rezoned in a Neighborhood Commercial (NC) zoning overlay which provides opportunities for small- scale commercial uses that could contribute to job creation. The were issues raised regarding the consistency ofthe Croman Mill Plan with the EOA during the public hearings. The City Council finds and determines that all substantive issues were adequately addressed by City staff in the numerous staff reports and staff responses, and other materials in the record, whether such responses were made orally at the hearings or provided in written form as set forth in the record. All staff reports, staff materials, and other staff responses are hereby accepted by the City Council and are incorporated herein by this reference. The Council finds and determines that the proposed amendments are consistent with the most recent EOA. , D. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 12 as implemented by OAR Chapter 660, Division 12 The Croman Mill plan proposes a redistribution of the permitted industrial (M-I) and employment (E-l) uses on 85 of the 100 acres in the plan area. Two distinct zones are established, one for compatible industrial (CI) uses and another for office (OE) uses, whereas light industrial and offices are permitted throughout the M -I and E-I zoning districts currently. The title of the M -1 Industrial zoning is somewhat misleading because the zoning district allows a wide range of commercial and employment uses including offices, retail, personal services, restaurants, nightclubs and bars, theaters, and hotels and motels in addition to those uses typically associated with industrial areas such as Findings of Fac! and Conclusions of Law Page 12 manufacturing, processing, assembling, mini-warehouses, outside storage of merchandise and raw materials, j unkyard and auto wrecking yards, and concrete or asphalt batch or mixing plants. The E-I Employment zoning district is also a hybrid industrial/other employment designation in that it allows many of the same uses as the M-l Industrial district including offices, retail, nightclubs and bars, theaters, and hotels and motels in addition to light manufacturing uses. In keeping with the Croman Mill Site Redevelopment Plan (2008) project objectives and recommendations, land-intensive uses with low employment densities such as rnini- warehouses, junkyard and auto wrecking yards, outdoor storage areas of unrestricted size, hotels and motels, builc:ling material sales yards and equipment storage yards are not permitted in the proposed Compatible Industrial (CI) and Office Employment(OE) overlay zones. Additionally, retail and restaurant uses are limited to relatively small square footages under the proposed zoning, rather than being unrestricted in size or scope as is allowed under the current M-l Industrial and E-l Employment zoning. In total, less than 25 percent of the plan area (i.e. 22 of 100 acres) is truly undergoing a change in the Comprehensive Plan and zoning district designations by increasing or adding residentially density. The land uses that are different from the Ashland Comprehensive Plan are the change from a single-family residential designation to the Croman Mill- Neighborhood Commercial (NC) designation for the Oregon Department of Transportation (ODOT) maintenance yard property located at 706 Tolman Creek Road (6 acres), and the change from employment and industrial designations for the two Mixed Use (MU) areas on the western and southern perimeters of the plan area (16 acres). The Neighborhood Commercial (NC) zoning overlay permits neighborhood scale commercial uses and base densities of30 units per acre, whereas the single-family residential designation is limited to residential uses at base densities of 4.5 units per acre with schools, parks, horne occupations, churches, hospitals recreational uses and group homes as other allowed uses. The Mixed Use (MU) zoning overlay allows office and compatible industrial uses, with a provision for residential units at a base density of 15 units per acre on the upper stories of buildings. The allowance for residential units is MU zoning overlay is the primary change from the current industrial and employment designations. Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon Administrative Rule OAR 660-012-0000, et seq. The TPR (OAR 660-012-0060) states that when land use changes, including amendments to acknowledged comprehensive plans, significantly affect an existing or planned transportation facility the local government shall put in place measures to assure that the allowed land uses are consistent with the identified function, capacity and performance standards (level of service, volume to capacity ratio, etc.) of the facility. Accordingly, OAR 660-012-0060 requires local jurisdictions to make an assessment of transportation impacts when plan and land use regulation amendments are proposed. While the Croman Mill Plan is far from a wholesale change ofthe existing Ashland Comprehensive Plan designations and zoning districts, an assessment of significant affect Findings ofFac! and Conclusions of Law Page 13 is included to address the requirements of OAR 660-012-0060. It i'-important to note that regardless of whether a master plan is adopted for the Croman Mill site, the build out of the Croman Mill site under the current zoning requires a significant investment in public infrastructure to construct the facilities necessary to accommodate future employment in the area. Transportation impacts of the redevelopment of the Croman Mill site have been evaluated and considered since the planning process began in 2008. A transportation analysis report was completed in January 2,2009 in conjunction with the Croman Mill Site Redevelopment Plan, and both documents are included in the record. Additionally, key personnel from local and state transportation agencies such as Oregon Department of Transportation (ODOT), Rogue Valley Transportation District (RVTD) ahd Ashland Public Works Department were involved in key participant meetings for the redevelopment plan process in January and March 2008. A transportation analysis report was updated in May 2010 to supplement the original transportation analysis, and is included in the record. The updated report includes an analysis and traffic projections for Alternative F to reflect the hybrid industrial and office employment land use pattern that was included in the final draft of the redevelopment plan. Additionally, the report examines the use of Mistletoe Road as a permanent main access to the redeveloped site, as well as the impact on future traffic movement if a street crossing is provided form the plan area to Washington Avenue to the north. Based on the potential trip generation of the proposed land uses compared to the approved land uses, there may be the potential for a significant affect on the surrounding transportation network. Table I summarizes the potential trip generation for the proposed redevelopment in comparison to the adopted (No-build) land uses. Table 1: Trip Generation Comparison of No-build'(adopted) and Build (proposed) Land Uses AM Peak Hour In 735 1,651 Trips Out 165 285 Total 900 1,936 PM Peak Hour In 180 422 Trips Out 775 1,460 Total 950 1,881 No-Build/Adopted Build/Proposed Daily Trips 10.135 12.776 The OAR is directed at maintaining a balance between land uses allowed (or adopted) in a comprehensive plan and zoning, and the transportation system that supports those land uses. Where a proposed change from the adopted comprehensive plan, typically called a land use amendment, would "significantly affect" an existing or planned transportation facility, a local government must put in place measures to assure that the land uses being proposed are consistent with the identified function, capacity and performance standards of the surrounding transportation network. The planning rule identifies that a "significant Findings of Fac! and Conclusions of Law Page 14 affect" would be determined by rneeting one of the following three key elements. The following outlines these key elements and indicates whether the proposed project would have a significant affect or not. 1. Change the functional classification of an exIsting or planned transportation facility (exclusive of correction of map errors in an adopted plan). It is not the intent of the Croman Mill DistriGt plan to request the change of any of the functional classifications on the surrounding roadway network as adopted in the current Ashland Comprehensive Plan Transportation Element (1996) and Ashland Transportation System Plan (1998). 2. Change standards implementing a functional classiflcation system. It is not the intent of the Croman Mill District plan to implement any improvements within the transportation infrastructure that would be beyond the design standards for the adopted functional classification of roadways in the adopted City of Ashland Transportation System Plan (TSP). There are improvements identified at spot locations (intersections), but those types ofirnprovements are within the functional classification of roadways. 3. As measured by the end of the planning perIod identified in the adopted transportation system plan: a. Allow land uses or levels of development that would result in types of levels of travel or access that are inconsistent with the functional classiflcation of an existing or planned transportation facility. The land uses included in the Croman Mill District will result in the types of travel and . operation of streets within the roadway system consistent with the functional classifications included in the current Ashland Comprehensive Plan Transportation Element (1996), Ashland Transportation System Plan (1998) and Ashland Street Standards Handbook (1999). The Ashland TSP (p 5-7).states: Volumes indicated are not intended to be absolute maximums or minimums, The function of the street with the roadway system, and the types and intensities of land use along their routes are other important factors contributing toward their appropriate designation. The Ashland Street Standards Handbook (p 19) provides further clarification: When determining how to classifY a new street for the purpose of design, careful attention should be given to considering the street as a whole in the context of the neighborhood, of the underlying zoning and land uses, and the future amount of traffic rather than strict adherence to using projected average daily traffic (ADT) Findings of Fac! and Conclusions of Law Page 15 figures alone. Care must be taken not to focus on efficiency and worst case scenarios, The end goal should be to balance creating a notable, livable, functional street for the neighborhood, and provide a variety of transportation options for residents. Ashland Street and Siskiyou Boulevard are classified as Boulevards, and Tolman Creek Road and Mistletoe Road are classified as Avenues. It is the intent of the Croman Mill District plan for the boulevards and avenues which the previous analysis shows will be impacted by the redevelopment of the plan area to continue to operate with the definitions of the functional classifications included in the Ashland Comprehensive Plan Transportation Element and Ashland Street Standards Handbook, The Ashland Comprehensive Plan, Ashland TSP and Ashland Street Standards Handbook include an average daily traffic for Boulevards of 8,000 to 30,000 trips per day, and for Avenues 3,000 to 10,000 trips per day. The following definitions of a Boulevard and Avenue are included in the Ashland Street Standards Handbook. "Boulevards are major thoroughfares filled with both human and vehicular activity. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and shouldfaci/itate the boulevard's uses as a public space. Design should start with the assumption that the busy nature of a boulevard. is a positive factor and incorporate it to enhance the streetscape and setting. A 2-lane, 3-lane or 5-lane configuration can be used depending on the number of trips generated by surround existing and figure land uses, "Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access from neighborhoods to neighborhood activity centers and boulevards. Avenues are similar to boulevards, but are design on a smaller scale. Design should provide an environment where walking, bicycling, using transit and driving are equallyconvenient and should facilitate the avenue's use as a public space. A 2-lane or 3-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses." Previous analysis for the 20 year planning horizon has indicated that at approximately 50% of the proposed development, Tolman Creek Road north of Mistletoe Road and Mistletoe Road itself (also referred to as the Central Boulevard in the plan) should be upgraded/improved to contain a center turn lane, so the overall cross section of the roadway(s) would be a three lane facility. Based on the design standards found in the Ashland Street Standards Handbook, this type of cross section could be classified as an Avenue functional classification. The Ashland TSP does indicate capacity improvements for Tolman Creek Road in this location, and an improvement of upgrading Mistletoe Road to an urban street standard (Chapter 9: Needed Transportation Improvements, Ashland TSP, 1998). Ashland Street and Siskiyou Boulevard are anticipated to remain in the current configurations. Findings of Fac! and Conclusions of Law Page 16 There are several additional factors worth noting. The transportation analysis and transportation analysis update cornpleted for the redevelopment plan use standard assumptions and methodologies to generate future land use scenarios and associated trip generation and distribution. Specifically, the transportation analysis uses a worst- case approach in that it assumes all but two percent of trips will be made my motor vehicles. In contrast, Ashland has long-standing Comprehensive Plan and TSP goals and policies emphasizing non-automotive means oftravel, and therefore concentrated on developing the city in a pedestrian-oriented compact urban form as well as building a multi-modal transportation system including sidewalks, bicycle and transit facilities. In keeping with the City's goals and policies, the Croman Mill District plan includes links to existing pedestrian, bicycle and transit facilities (e.g. Central Ashland Bike Path extension), as well as incorporating both on-street and off-street pedestrian and bike facilities, as well as provisions for bus tops and cornmuter rail within the plan area. While current methodologies to estimate trip generation do not incorporate non- automotive trips, it is the intent of the Croman Mill District to create a land use pattern and complimentary transportation system that will replace vehicle trips with pedestrian, bicycle and transit trips. As a result, the ultimate impact on the vehicular facilities including streets and intersections should be less than presented in the transportation analysis and transportation analysis update. Also worth noting is the City is beginning the process of updating the Ashland TSP. Necessary system irnprovements will be carried over into the updated TSP, as well as measures for off-setting vehicular trips with pedestrian, bicycle and transit travel. The update of the Ashland TSP is targeted for completion in January of2012. b, Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or c, Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or Comprehensive Plan. Previous analysis has evaluated the potential traffic operations at study area intersections comparing both the No-build and Build land uses, Table 2 summarizes the unmitigated (existing geometry) operations at these intersections. Table 2: Unmitigated 2030 Study Area PM Peak Hour Operations Mobility No-Build Standard Dela LOS VIC 0,85 > 80,0 F VIC 0,85 72. 7 F VIC 0,90 > 80,0 F VIC 0.90 47,6 D LOS D 23,7 C Intersection Hwy 66 (Ashland Sl)/i-5 Northbound Ramps Hwy 66 (Ashland St)/I.5 Southbound Ramps Hwy 66 (Ashland St)/Washington Sl Hwy 66 (Ashland St)/Tolman Creek Rd Tolman Creek Rd/Mistletoe Road Findings of Fact and Conclusions of Law Page 17 Hwy 99 (Siskiyou Blvd)fTolman Creek Rd Hwy 99 (Siskiyou Blvd)/Mislletoe Mill Rd Hwy 99 (Siskiyou Blvd)/Crowson Rd VIC 0,90 VIC 0,90 VIC 0,80 > 80,0 14,5 11,1 F B B 0,96 0,23 0,10 > 80,0 51.8 11.4 F F B 0,50 0,11 Based on the unmitigated traffic operational results, it would indicate that the proposed land use has potential impacts beyond those experienced under the No-build condition at three intersections: Ashland Street/Tolman Creek Road, Tolman Creek Road/Mistletoe Road, and Siskiyou Boulevard/Tolman Creek Road. All of these potential impacts occur on Tolman Creek Road. Mitigation alternatives were developed for all intersections where impacts were greater than expected under the No-build condition, as well as what improvements would be necessary to reach jurisdictional standard (either V/C ratio for ODOT facilities, or level-of-service for City facilities). These mitigation alternatives added turn pockets or signals to existing intersections and were able to meet the jurisdictional standard. These types of improvements have been identified in the Ashland TSP through calling out adding travel lanes to meet projected long term vehicle demand (along Tolman Creek Road from the Siskiyou Boulevard to E. Main Street), and upgrade to Boulevard standard and capacity improvements on Ashland Street (from UPRR west to Interstate 5). In addition, Mistletoe Road has been identified in the TSP as an improvement to upgrade to an urban street standard. Finally, a traffic signal at Siskiyou Boulveard/Tolman Creek Road has been identified as an improvement in the TSP. Using these parameters, the development would not have a significant effect because improvements have been identified in the TSP that allow for adequate intersection' operations to meet jurisdictional standard through turn lanes and signalization. There were transportation issues raised during the public hearings. The City Council finds and determines that all substantive issues were adequately addressed by City staff in the numerous staff reports and staff responses, and other materials in the record, whether such responses were made orally at the hearings or provided in written form as set forth in the record. All staff reports, staff materials, and other staff responses are hereby accepted by the City Council and are incorporated herein by this reference. The Council finds and determines that the proposed amendments are consistent with the TPR. OVERALL COUNCIL CONCLUSIONS The City Council finds and determines the approval criteria for this decision have been fully met, based on the detailed findings set forth herein, the detailed findings and analysis of the Planning Commission, the detailed findings and analysis set forth in the Croman Mill supporting documents, the Economic Opportunities Analysis supporting documents together with all staff reports, addenda and supporting materials in the whole record. Specifically the Council finds that the proposed amendments are consistent with City of Ashland Approval Criteria for Zone Changes, Zoning Map Amendments and Findings ofFac! and Conclusions of Law Page 18 Comprehensive Plan Map Changes set forth in ALUO 18.108.060.8. The Council finds that the proposed amendments are consistent with the City of Ashland Comprehensive Plan. The Council finds and determines that the proposed amendments are consistent Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 9 as implemented by OAR Chapter 660, Division 9. Finally the Council finds and determines that the proposed amendments are consistent with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 12 as implemented by OAR Chapter 660, Division 12. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of the following amendments to the Ashland Land Use Ordinance and Ashland Comprehensive Plan as reflected in six distinct ordinances: . The Ashland Comprehensive Plan is amended to add the Croman Mill Plan designation to Chapter II Introduction and Definitions, and to adopt The City of Ashland: Economic Opportunity Analysis and Croman Mill Site Redevelopment Plan as supporting documents. . The Ashland Comprehensive Plan map is amended to include the Croman Mill District designation, and the Ashland Zoning map is amended to include the Croman Mill District comprised of five zoning overlays. . Chapter 18.53 Croman Mill is added to the Ashland Land Use Ordinance. . . Section VIII Croman Mill District Standards is added to the Site Design and Use Standards in ALUO Chapter 18.72 Site Design Review. . ALUO Chapter 18 is amended to provide consistency with the new Chapter 18.53 Croman MilL . Ashland Municipal Code (AMC) Chapter 15 is amended to provide priority plan check for LEED certified buildings. Ashland City C !~r/:J1Jl() Stromberg, Mayor Date authorized and approved by the full Council this 17th day of August, 2010 ~ tkr/30/0 Barbara Christensen, City Recorder Date r(;r/JoID Date Findings of Fact and Conclusions of Law Page 19