HomeMy WebLinkAbout2011-299 Findings - Pedestrian Places BEFORE THE CITY COUNCIL
CITY OF ASHLAND,JACKSON COUNTY, OREGON
November 15,2011
In the Matter of Amendments to the City of Ashland )
Zoning Map and Land Use Ordinance Creating )
A Pedestrian Place Overlay Zone, to Include a New ) FINDINGS OF FACTAND
Chapter 18.56 Overlay Zones, and to Amend the Site ) CONCLUSIONS OF LAW
Design and Use Standards and Land Use Ordinance to )
Implement the Recommendations of Pedestrian Places )
Project. )
PURPOSE:
Implement the Recommendations of the Pedestrian Places Project, March 2011.
Implementation is achieved by four distinct ordinances: The first ordinance amends the
Zoning Map to add a Pedestrian Place Overlay. The second ordinance amends the Land
Use Ordinance to add Chapter 18.56 Overlay Zones. Ordinances three and four amend
the Site Design and Use Standards and other land use section of Chapter to support the
development of concentrations of housing and businesses grouped in a way to encourage
more walking, cycling and transit use.
PUBLIC HEARINGS:
On September 30, 2011, a notice of the Planning Commission and City Council Public
Hearings was sent by mail to approximately 675 owners of properties located in and
within ''/<of a mile (1,320 feet) of the three study area intersections including N.
Mountain Ave./E. Main St., Walker Ave./Ashland St. and Tolman Creek Rd./Ashland St.
Additionally, on September 21, 2011, 49 notices were sent to owners of properties
located in the Pedestrian Place Overlay that may have the use of the property impacted by
the proposed rules in accordance with ORS 227.186. Newspaper notices were published
in accordance with AMC 18.108.170.D in The Ashland Daily Tidings on October 1, 2011
prior to the Planning Commission public hearing and on October 11, 2011, on October
21, 2011 prior to the City Council public hearing and first reading of the ordinances on
November 1, 2011, and on November 5, 2011 prior to the second reading of the
ordinances on November 15, 2011. Notice was also sent to the Department of Land
Conservation and Development on August 25, 2011.
A Public Hearing was held at the Planning Commission on October 11, 2011. A Public
Hearing was held at the City Council on November 1, 2011.
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.
Findings of Fact and Conclusions of Law Page 1
A. Consistency with City of Ashland Requirements for Legislative Amendments in
18.108.170
B. Consistency with City of Ashland Comprehensive Plan
C. Consistency with Oregon land use laws and regulations including specifically
Oregon Statewide Planning Goal 2 Land Use Planning, Goal 9 Economic
Development and Goal 12 Transportation
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland Requirements for Legislative Amendments in Section
18.108.170
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or
make other legislative amendments in order to conform with the comprehensive plan or to
meet other changes in circumstances and conditions. A legislative amendment is a
legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by
application of a property owner or resident of the City. The Commission shall conduct a
public hearing on the proposed amendment at its earliest practicable meeting after it is
submitted, and within thirty days after the hearing, recommend to the Council, approval,
disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the
Planning Department thirty days prior to the Commission meeting at which the proposal is
to be first considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a
public hearing. After receipt of the report on the amendment from the Commission, the
Council shall hold a public hearing on the amendment. Notice of time and place of the
public hearings and a brief description of the proposed amendment shall be given notice in
a newspaper of general circulation in the City not less than ten days prior to the date of
hearing.
E. No application of a property owner or resident for a legislative amendment shall be
considered by the Commission within the twelve month period immediately following a
previous denial of such request, except the Commission may permit a new application if, in
the opinion of the Commission, new evidence or a change of circumstances warrant it.
Ashland is projected to grow by approximately 4,621 residents by 2030, and by
approximately 2,100 jobs by 2027. In terms of urbanization, the Ashland Comprehensive
Plan goal states "It is the City of Ashland's goal to maintain a compact urban form and to
include an adequate supply of vacant land in the City so as not to hinder natural market
forces within the City, and to ensure orderly and sequential development of land in the
Findings of Fact and Conclusions of Law Page 2
City limits." The City Council reaffirmed this long-standing policy of accommodating
growth within the Ashland Urban Growth Boundary rather than growing outward into
surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem
Solving (RPS) planning process. To this end, the City of Ashland continues to look for
ways to use land more efficiently for housing and businesses in an effort to balance
projected population and employment growth with the community goal of retaining a
distinct boundary and preventing sprawling development. The Pedestrian Places Project
zoning and land use ordinance amendments encourage a mix and intensity of uses around
three intersections of main travel corridors so that a portion of the future population and
employment can be accommodated within the City limits and the areas developed in a
manner that will encourage walking, cycling and transit trips.
The planning process made efforts to include a wide range of people including neighbors,
property owners, business owners, community groups, and the general public, and to
provide a variety of ways to learn about the project, participate in the plan development and,
provide comments. The planning process for the Pedestrian Places Project began in
October 2010, and involved a series of three public workshops (10/27/10, 12/9/10,
2/22/11), an on-line forum, key participant meetings, and three Planning Commission
study sessions (3/29/11, 8/23/11, 9/13/11). The workshops and on-line forum used a
three-step process where participants identified the qualities that make a successful
pedestrian place, developed vision statements for the three study areas, and reviewed and
revised plans illustrating an example of what development might look like in a key .
location. The on-line forum (i.e. Open City Hall) coincided with the public workshops,
and was used to provide an opportunity for people to learn about the project and submit
comments without having to attend a public meeting. Individual meetings with key
participants including property owners and business owners were held during the public
workshop process in October 2010, December 2010 and May 2011.
In advance of each of the public workshops, approximately 675 written notices were
mailed to property owners and business owners located within %2 mile radius of the three
intersections included in the project. Individual letters and phone invitations were
directed to approximately 80 key participants including property and business owners
inviting them to individual meetings. Community notices for each workshop were
advertised in the City Source and on RV.TV. Flyers were sent to local service groups
(e.g. Chamber of Commerce, Rotary) and hand delivered to businesses in core areas
around the intersections. Email messages were sent to approximately 35 people from the
public workshops and 47 participants from Open City Hall that signed up for future
announcements. The Ashland Daily Tidings published an article on the project in
December 2010, and the Planning Commission Chair participated in a Jefferson
Exchange interview to publicize the project. A project web page,
www.ashland.or.us/pedplaces has been maintained throughout the project, and includes
the most recent draft materials, meeting announcements, an Open City Hall link, an
archive of meeting materials, the public meeting schedule and contact information.
The City Council finds that the proposed zoning and land use ordinance amendments are
consistent with the requirements for Legislative Amendments in Section 18.108.170.
Findings of Fact and Conclusions of Law Page 3
B. Consistency with the Ashland Comprehensive Plan
The proposed zoning and land use ordinance amendments are consistent with the goals
and policies in the Ashland Comprehensive Plan. The Economic, Housing and
Transportation chapters of the Ashland Comprehensive Plan include goals and policies
that establish the basis for revising the land use standards to encourage the development
of small walkable nodes that provide concentrations of housing and businesses grouped
in a way to encourage more walking, cycling and transit use. Specifically, the
Comprehensive Plan goals and policies address accommodating future population and
employment growth, maintain a compact urban form to facilitate pedestrian and bicycle
trips, allowing for a mix of uses and housing types, making streets convenient, safe,
accessible and attractive for all users, concentrating housing and businesses with 1/4 to ''/2
of a mile transit routes, and promoting livability in neighborhoods.
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 capability and the retention of a high quality environment.
Policy 2) The City shall design the Land Use Ordinance to provide for:
c) Specific development guidelines which will ensure that:
2) Development along Siskiyou Boulevard and Ashland Street will not
primarily be automobile-oriented, but will also include attractive
landscaping and designs that encourage pedestrian, bicycle, and mass,
transit forms of travel.
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
Housing
Goal Ensure a variety of dwelling types and provide housing opportunities for the
total cross-section of Ashland's population, consistent with preserving the
character and appearance of the city.
Policy 3) Regulation of residential uses shall be designed to complement,
conserve and continue the aesthetic character of Ashland through use of the
following techniques:
e) Performance standards shall be used to regulate new development in
Ashland so that a variety of housing types built on the site and imaginative
residential environments may be used to reduce cost and improve the
aesthetic character of new developments and decrease the use of
traditional zoning and subdivision standards.
Transportation
Street System Goal. To provide all citizens with safe and convenient
Findings of Fact and Conclusions of Law Page 4
transportation while reinforcing the recognition ofpublic rights-of-way as critical
public spaces.
Policy 1) Provide zoning that allows for a mix of land uses and
traditional neighborhood development, which promotes walking and
bicycling.
Policy 4) Enhance the streetscape by code changes specific placement of
critical design elements such a but not limited to windows, doorways, sigs
and planting strips.
Policy 7) Design the Land Use Ordinance to ensure Ashland Street is
developed as a multi-modal corridor including attractive landscaping,
sidewalks, bike lanes and controlled access. Development along Ashland
Street shall be compatible with and support a multi-modal orientation.
Pedestrian and Bicycle Goal L To provide all citizens with safe and convenient
transportation while reinforcing the recognition ofpublic rights-of-way as critical
public spaces.
Policy 8) Require sidewalks and pedestrian access in all developments.
Policy 15) Pedestrian traffic should be separated from auto traffic on
streets and in parking lots.
Pedestrian and Bicycle Goal III. Emphasize environments which enhance
pedestrian and bicycle usage.
Policy 1) Maintain and improve Ashland's compact urban form to allow
maximum pedestrian and bicycle travel.
Public Transit Goal. To create a public transportation system that is linked to
pedestrian, bicycle and motor vehicle travel modes, and is as easy and efficient to
use as driving a motor vehicle.
Policy 2) Zoning shall allow for residential densities and a mix of
commercial businesses within walking distance (one-quarter to one-half
mile) of existing and planned public transit services which support use of
public transportation.
The City Council adopted the 2011 Buildable Lands Inventory Update in November 2011
as a supporting technical document to the Ashland Comprehensive Plan. The 2011
Buildable Lands Inventory shows that within the City Limits there is a net availability of
nearly 125 buildable acres of land with a commercial designation (C-1, C-1-D, E-1, M-1,
and CM). The Economic Opportunity Analysis, also adopted as a supporting technical
documents to the Ashland Comprehensive Plan, projected land need of 123.4 net acres by
the year 2027. The Pedestrian Place Overlay includes lands in commercial designations
(C-1 and E-1), and the land use ordinance amendments provide the flexibility to develop
sites at a greater intensity by eliminating a maximum Floor Area Ratio, reducing the
required building setback from the street, and allowing less land to be used for surface
area parking. As a result, the Pedestrian Place zoning and land use ordinance revisions
will allow a portion of the 125 buildable acres of commercially designated lands within
the City Limits to be used to a greater potential.
Findings of Fact and Conclusions of Law Page 5
The City Council finds that the proposed zoning and land use ordinance amendments 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 Coal 9
Oregon Statewide Planning Goal 2 — Land Use Planning, as well as Chapter 197 of the
Oregon Revised Statues require a land use planning process and policy framework as a
basis for all decision and actions related to use of land. Specifically, plans and
implementation measures such as ordinances controlling the use and construction are
permitted as measures for carrying out Comprehensive Plans.
As detailed in the previous section, the Pedestrian Places zoning and land use ordinance
amendments implement a number of goals and policies included in the Economic,
Housing and Transportation chapters of the Ashland Comprehensive Plan.
Oregon Statewide Planning Goal 9 — Economic Development requires cities and counties
to address providing adequate opportunities for a variety of economic activities for
residents.
The Pedestrian Place Overlay allows neighborhood .scale commercial uses including
stores, shops and restaurants in the N. Mountain Ave./E. Main St. location, whereas these
commercial uses were not previously permitted in the underlying High Density Multi-
Family Residential zoning district.
Oregon Statewide Planning Goal 10 —Housing requires cities and counties to provide for
the housing needs of citizens of the state, including a range of types and price/rent levels,
and allowing for flexibility of housing location, type and density.
While the properties located in the Pedestrian Place Overlay had zoning in place prior to
the Pedestrian Place amendments that allows for residential densities of 20 to 30 units per
acre, the ordinance amendments allow for flexibility in site and parking design that may
facilitate a multi-story and mixed use housing type that is not currently present in the
Overlay locations.
Oregon Statewide Planning Goal 12 —Transportation, as well as OAR 660-012-0000 the
"Transportation Planning Rule," require transportation planning to be in coordination
with land use planning. Additionally, the rule requires local governments to adopt land
use regulations that address a variety of land use and transportation issues, including the
following items that are directly related to the proposed Pedestrian Place amendments.
• In Metropolitan Planning Organization (MPO) areas, local governments are
required to adopt regulations to reduce reliance on the automobile, specifically by
allowing transit—oriented developments (TODs) on lands along transit routes.
The Pedestrian Place zoning and land use ordinance amendments are specifically
Findings of Fact and Conclusions of Law Page 6
designed to provide the flexibility to develop sites at a greater intensity and with a mix of
uses by eliminating a maximum Floor Area Ratio, reducing the required building setback
from the street, allowing neighborhood scale commercial uses in residentially-zoned
properties in the Pedestrian Place Overlay and allowing less land to be used for surface
area parking.
• In MPO areas, local governments are required to either adopt a parking plan that
reduces parking spaces per capita, or revise ordinance requirements to:
• reduce minimum off-street parking requirements for non-residential uses,
• allow provisions of on-street parking, long-term lease parking and shared
parking to meet minimum off-street parking requirements, establish off-
street parking maximums in appropriate locations,
• exempt structured parking and on-street parking from parking maximums,
and
• require parking lots over 3 acres in size to provide street like features
along major driveways.
The Pedestrian Place zoning and land use ordinance amendments promote using land
more efficiently by allowing a one-for-one credit for on-street parking spaces adjacent to
a project, requiring on-street parking space dimensions in conformance with the state
model code requirements, providing parking management strategies such as alternative
vehicle parking, shared parking and transit facilities to reduce overall off-street parking
requirements by up to 50% closer to the street, requiring pedestrian access and
circulation throughout development sites, and requiring parking lots of 50 space or more
to be divided into separate areas and provide street-like features.
• Adopt regulations requiring on-site facilities which accommodate safe and
convenient pedestrian and bicycle access from within new subdivisions, multi-
family developments, planned developments, shopping centers, and commercial
districts to adjacent residential areas and transit stops, and to neighborhood
activity centers with one-half mile of development.
• Adopt regulations requiring new office parks and commercial developments to
provide internal pedestrian circulation through clustering of buildings,
construction of accessways and, walkway and similar techniques.
The Pedestrian Place zoning and land use ordinance amendments accommodate safe and
convenient pedestrian and bicycle access by providing a on-site circulation system
addressing pedestrian, bicycle and vehicle access and circulation, requiring a walkway
system throughout development sites that link building entrances, off-site adjacent
sidewalks, parking areas, trails, public parks and open space areas, providing crosswalks
in driveways and parking lots and accessible routes, providing pedestrian scale lighting
throughout the site, and dividing parking lots of 50 space or more into separate areas with
street-like features.
The City Council finds that the proposed zoning map and ordinance amendments are
consistent with the applicable Statewide Planning Goals.
Findings of Fact and Conclusions of Law Page 7
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 and the detailed findings and
analysis of the Planning Commission,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 requirements for Legislative
Amendments in 18.108.170. The Council finds that the proposed amendments are
consistent'with the Ashland Comprehensive Plan. The Council finds and determines that
the proposed amendments are consistent Oregon land use laws and regulations including
Oregon Statewide Planning Goal 2 Land Use Planning, Goal 9 Economic Development
and Goal 12 Transportation.
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 Zoning Map and Ashland Land Use as
reflected in four distinct ordinances:
• The Ashland Zoning Map is amended to add the Pedestrian Place Overlay.
• Chapter 18.56 Overlay Zones is added to the Ashland Land Use Ordinance.
• The Site Design and Use Standards in Chapter 18.72 Site Design Review are
amended to implement the recommendations of the Pedestrian Places Project.
• AMC 18.08, 18.12.020, 18.68.050, 18.72.030, 18.72.080, 18.72.090, 18.88,
18.88.080, 18.92, 18.108.040, 18;108.060 and 18.108.080 are amended to
implement the recommendations of the Pedestrian Places Project.
Ashland City Council Approval
11�5�r
J hn tromberg, Mayor Date
Signature authorized and approved by the full Council this 15th day of November, 2011
Attest: ryry//
rbara Christensen, City Recorder Date
L proved as to form:
l • l2P i
avid Lohman, Ashland City Attorney Date
Findings of Fact and Conclusions of Law Page 8