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HomeMy WebLinkAbout3074 Drive-Up Uses ORDINANCE NO. -)6 'A AN ORDINANCE AMENDING SECTION 18.32.025 OF THE ASHLAND LAND USE ORDINANCE TO PROVIDE FOR THE RELOCATION OR REDEVELOPMENT OF FOUR FINANCIAL INSTITUTIONS' EXISTING, NON-CONFORMING DRIVE-UP USES IN ASHLAND'S HISTORIC INTEREST AREA. Annotated to show deletions and additions to the code sections being modified. Deletions are bold Iined44fouo and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the original Transportation Element of the City of Ashland's Comprehensive Plan, adopted in 1982, included a policy explicitly discouraging drive-up uses in order to limit fuel consumption and air pollution associated with vehicle idling. WHEREAS, the City of Ashland adopted Ordinance # 2313 in 1984 to define drive-up uses, set specific standards for their development, place a limit on the total number of drive-up uses allowed in the city, prohibit drive-up uses in Ashland's Historic Interest Area as defined in the Comprehensive Plan, and render existing drive-up uses within that Historic Interest Area non- conforming uses. WHEREAS, with the adoption of Ordinance #2313 in 1984 and subsequent amendments with the adoption of Ordinance 42688 in 1992, it was no longer seen as necessary that the Transportation Element of the City of Ashland's Comprehensive Plan, as revised and adopted in 1996, contain an explicit policy discouraging drive-up uses, the Element continues to include policies which promote decreased auto use and increased walking and bicycling, public transportation, ride sharing and other transportation demand management techniques (X.Il-1) and to encourage businesses to inform customers of available non-automotive access to the business locations and to support customer use of non-automotive access (X.II-6). WHEREAS, the City of Ashland's Comprehensive Plan and implementing ordinances encourage development at a human scale with a balanced approach to transportation rather than encouraging a primarily auto-centric approach to development, and the Downtown Design Standards explicitly discourage auto-centric uses in the downtown (VI.J-6) in seeking to create a pedestrian friendly environment with a continuous storefront streetscape at the sidewalk. Page 1 of 5 WHEREAS,the Ashland Food Co-op as applicant has proposed a Legislative Amendment to the existing drive-up use regulations to allow the existing non-conforming drive-up uses within the Historic Interest Area to redevelop on site or relocate elsewhere in the C-1 or C-1-D zoned portions of the Historic Interest Area without being subject to the discretionary review of a Conditional Use Permit in order to facilitate further negotiations with the adjacent property owner, Umpqua Bank, in hopes that the Co-op will ultimately be able to acquire the bank property if the bank is able to relocate elsewhere in the Historic Interest Area while retaining its existing drive-up use, and to encourage the redevelopment of the other existing non-conforming drive-up sites in a manner more consistent with current city standards. WHEREAS, the City of Ashland Transportation Commission considered appropriate amendments to the Ashland Municipal Code's Land Use Ordinances at a duly advertised public hearing on May 24, 2012, and following deliberations identified no specific adverse impacts to the transportation system which would result from the proposed amendments; WHEREAS, the City of Ashland Planning Commission considered appropriate amendments to the Ashland Municipal Code's Land Use Ordinances at duly advertised public hearings on May 8, 2012 and June 12, 2012, and following deliberations recommended approval of the amendments; WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code's Land Use Ordinances on August 7, 2012; WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The following amendments are hereby added to AMC Section 18.32.025 E. Drive-up uses as defined and regulated as follows: 1. Drive-up uses are defined as any establishment which by design, physical facilities, service or by packaging procedures encourages or hermits Page 2 of 5 customers to receive services, obtain goods other than automobile fuel, or be entertained while remaining in their motor vehicles. The components of a drive-up use include kiosks, canopies or other structures; windows; stalls; queuing lanes and associated driveways. Drive-up uses may be approved in the C-I District only, and only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard. 2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan. The four existing non-conforming financial institution drive-up uses in operation in the Historic Interest Area as of August 7,2012 may redevelop or relocate within the C-1 and C-1-D zoned portions of Ashland Historic Interest Area subject to the following requirements: a. Relocation or redevelopment of a drive-up use within the C-1 or C-1- D zoned portions of the Historic Interest Area shall be subject to a Type II Site Review procedure as a Special Permitted Use. b. Relocated or redeveloped drive-up uses may only be placed on a secondary building elevation, and only accessed from an alley or driveway. A secondary building elevation is defined as a building's side or rear elevation which does not face a street, other than an alley. C. Driveways serving relocated or redeveloped drive-up uses shall not enter from or exit to a higher order street frontage or through a primary elevation of the building, and driveways or queuing lanes shall not be placed between a building and the right-of-way other than an alley. d. No demolition of or exterior change to a building considered to be a historic resource shall be permitted to accommodate the relocation or redevelopment of a drive-up use. e. Regardless of the number of drive-up windows/lanes in use in the current location,with a relocation or remodel the number of windows/lanes shall be reduced to one (1). 3. Drive-up uses are subject to the following criteria: a. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. b. All facilities providing drive-up service shall provide at least two designated parking spaces immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service while parked. C. A means of egress for vehicular customers who wish to leave the waiting line shall be provided. d. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during the wait in line. Page 3 of 5 e. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. f. Sufficient stacking area shall be provided to ensure that public rights-of- way are not obstructed. g. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. h. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed one 11 per location, even if the transferred use had greater than one stall. i. A separate ministerial "Drive-Up Transfer" permit shall be obtained for the transfer of any drive-up use when such transfer is not associated with a Site Review or Conditional Use permit application in order to formally document transfer of the use. j. Drive-up uses which are discontinued without a properly permitted transfer shall be deemed to have expired after being unused for six (6) months. Discontinuation of a drive-up use is considered to have occurred when the drive-up use is documented as having ceased on site through a ministerial, Site Review or Conditional Use permit review, or upon on-site verification by the Staff Advisor. k. All components of a drive-up use shall be removed within sixty (60) days of discontinuation of the use through abandonment, transfer, relocation or redevelopment. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments(i.e. Sections 1, 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accord c ith Article X, Section 2(C) of the City Charter on the day of 2012, and d PASSED and ADOPTED this_ day of 12012. Barbara M. Christensen, City Recorder Page 4 of 5 SIGNED and APPROVED this day of , 2012. J Stromberg, Mayor Reviewed as to form: Davi Lohman, City Attorney Page 5 of 5