HomeMy WebLinkAbout1990-0703 OSF FINAL ORDERBEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF CONDITIONAL )
USE PERMIT AND SITE DESIGN )
REVIEW AUTHORIZATION FOR THE )
CONSTRUCTION OF A SEATING )
PAVILION AND APPURTENANCES )
FOR THE OREGON SHAKESPEARE )
FESTIVAL )
PLANNING ACTION 89-149 )
)
)
Oregon Shakespeare Festival: Applicant
FINAL ORDER
RECITALS:
1. Lot 100 on Jackson County Assessor Map 39-1E-09 is located at Pioneer and Hargadine
Streets. The property is zoned C-l-D, (Commercial-Downtown Overlay).
2. The applicant prope~y applied for Site Review and a Conditional Use Permit to allow
construction of a seating cover over the Elizabethan Theatre exceeding the normal 40 feet
height limitation of the C- 1 -D zone. The application was deemed complete and accepted for
review by the city.
3. The criteria for approval of a Site Review application are in Section 18.72.050 ALUO. The
criteria are cited and findings for the criteria are contained in the Findings of Fact and
Conclusions, attached hereto as Exhibit 'A.' The criteria are:
A. All applicable city ordinances have been met and will be met by the proposed
development.
B. All requirements of the site review chapter have been met.
C. The site design complies with the guidelines adopted by the city council for
implementation of this chapter.
FINAL ORDER FOR APPROVAL Page I Planning Action 89-149
4. The criteria for approval of a Conditional Use Permit are in Section 18.104.040 ALUO.
The criteria are cited and findings for the criteria are contained in the Findings of Fact and
Conclusions, attached hereto as Exhibit 'A.' The criteria are:
A. The proposal is in conformance with the comprehensive plan.
B. The location, size, design and operating characteristics of the proposed development
are such that the development will be reasonably compatible with and have minimal
impact on the livability and appropriate development of abutting properties and the
surrounding neighborhood.
C. In determining the above, consideration shall be given to the following:
1) Harmony in scale, bulk, coverage and density
2) The availability and capacity of public facilities and utilities.
3) The generation of traffic and the capacity of surrounding streets.
4) Public safety and protection.
5) Architectural and aesthetic compatibility with the surrounding area.
5. The Historic Commission, following proper public notice, considered the proposed theatre
project on March 7, 1990. By majority vote the Historic Commission forwarded a favorable
recommendation to the Planning Commission.
6. The Planning Commission, following proper public notice, held a public hearing on March
14, 1990, at which time testimony was received and exhibits were presented. By majority
vote the Planning Commission approved both land use applications subject to a condition that
building permits be obtained before the start of construction. The Final Order of the Planning
Commission was approved and signed on April 10, 1990.
7. On April 25, 1990 the City of Ashland received a letter from Sharon and Philip Thormahlen
dated April 24, 1990 appealing the decision of the Planning Commission.
8. The City Council, following proper public notice, scheduled a public hearing for May 15,
1990 at which time the public hearing was postponed to provide opportunity for updated
comment from the State Historic Preservation Office.
9. The City Council, foliowing proper public notice, held a public hearing on June 5, 1990 at
which time testimony was received and final action taken on the permit applications. By
majority vote the City Council approved both land use applications subject to conditions
hereinbelow set forth.
FINAL ORDER FOR APPROVAL Page 2 Planning Action 89-149
SECTION 1. EXHIBITS
For the purpose of reference to the Findings of the City, the attached index of exhibits, data,
and testimony will be used.
Staff Exhibits are labeled with an 'S '
Proponent's Exhibits are labeled with a 'P'
Opponent's Exhibits are labeled with a 'O'
Hearings Minutes, Notices, Miscellaneous Exhibits labeled with a 'M.'
SECTION 2. CONCLUSORY FINDINGS
The Findings of Fact and Conclusions of the City Council supporting approval of the two
land use permit applications are contained in Exhibit 'A', attached hereto and made a part
hereof.
NOW, THEREFORE, the City Council of the City of Ashland finds and concludes as follows:
SECTION 3. DECISION
3.1 Based on the record of the June 5, 1990 Public Hearing on this matter, the City Council
concludes that the proposed Elizabethan Bowl project allowing a structure in excess of 40
feet but less than 55 feet in height is supported by evidence contained in the whole record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of
the following conditions, we approve Planning Action 89-149. Further, if any one or more
of the conditions below are found to be invalid, for any reason whatsoever, then Planning
Action 89-149 is denied. The following are the conditions and they are attached to the
approval:
1. That the applicant receive a building permit prior to the commencement of construc-
tion
2. That the architectural plans be approved by the Advisory Council on Historic
Preservation.
3. Upon completion of the Seating Pavilion Cover as illustrated by the plans and
specifications in Exhibit 'P-2', the activities conducted within the Elizabethan Theatre
shall comply with the noise regulations of the city.
FINAL ORDER FOR APPROVAL Page 3 Planning Action 89-149
Dated this _~,~_/day of
,1990.
-2
Catherine M. Golden
Mayor
Nflll Frflllldin
City Recorder
/
FINAL ORDER FOR APPROVAL Page 4 Planning Action 89-149
LIST OF EXHIBrFS FOR PLANNING ACTION #89-149
Staff Exhibits, lettered with an "S"
Proponents F~hibits, lettered with a "P"
Opponents Exhibits, lettered with an "O"
Notices, Hearing Minutes and Miscellaneous Exhibits, lettered with an "M"
S-1---
S-2---
S-3---
S-4---
P-1 ....
P-2 ---
P-5 ---
P-6 ---
P-7 ---
P-8 ---
P-9 ---
P-10 ---
P-11
P-12 ---
Planning Commission Findings from March 14, 1990, meeting.
Planning Staff Report, March 14, 1990.
Sound Readings, 80 Hargadine St., taken by City Staff.
Findings and Orders of Ashhind Planning Commission 9/13/89.
Applicant's Proposed Findings of Fact and Conclusions.
Applicant's Site Plan, Architectural Elevations, Specifications, and Site
Planning information.
Downtown Ashhind AutoCAD Site Plan with Building Ileights and
Photograph Station Points.
Photographs of the Site and Surrounding Area with Station i'oints for
Pt~otographs.
1989 Shakespeare Economic Impact Statement.
Ashland 'llistoric Commission Minutes: September 6, 1989.
Noise Control Engineering Journal, September-October 1982, pages 41 ~47.
Site Photograph with Overlay of Seating Cover.
Letter and Resume from Lawrence Kirkegaard.
Letter and Resume from tan MacLeod with Definitions of Mansard Roof.
1989 Oregon Shakespeare Festival Annual ll. eport.
Arct~ttectural Elevation of Proposed Seating Cover in relatio~ to the
historic Chautauqua Dome.
q,t, 'P-13 --- Photographs of the site in Years 1916, 1935, 1947, and 1957.
P-14 ---
1'-15 ---
P-16 ---
P-17 ---
1'-18 ---
0-1 ---
0-2---
M-2 --~
M-4---
M-5---
M-6---
M-7---
M-8---
M-9---
M-10 ---
M-II ---
Letter and Resume from Jim Sales regarding Site i.igl,ing.
Lighting Angles Study.
Photograph of Color Rendering of Project.
Applicant Rebuttal of March 14, 1990 letter from Sharon Thortnahlen.
Footnote from The Festival StClry; A I lis~ry of tile Or~4RB.I
Shakespearean Festival, by Ve rne Wil li am Oyler, J r. (copyright 1971 ).
Letter from Shartm and l'hil ip Thorn~alden appeal ing PA89-149.
Letter from Sharon Thormahlen to Ashland Planning Commission
concerning PA89-149.
Letter from Philip and Sharon Thormahlen requesting a hearing before the
Ashland Planning Commission for PA89-149.
Notice of Public Hearing before City Council, May 15, 1990.
Letter from David W. Powers, Deputy State l lis~oric Prcscrvatkm Officer,
to Paul E. Nicholson, General Manager Oregt.m Shakespeare Festival.
Letter from Paul E. Nicholson to James M. Ilamrick, l'reservation
Specialist.
Letter from James M. Hamrick to Susan Reid, Ashland City Council.
letter from Shirley Kloss to Ashland City Council.
Approval Letter from John McLaughlin, Associate I'!an,er dated April t2,
1990.
Ashland Phtnnlng Commission Minutes from March 14, 1990.
Ashland llistoric Commission Minutes from March 7, 1990.
Letter from James Hamrick to Robert A. Scholl, I)cvek~pn~ent Director -
Oregon Shakespeare Festival.
Notice of Public Hearing before the Ashland l'lanning Commission, Marell
14, 1990.
Affidavit of Notice.
M-12 ---
M-13 ---
M-14 ---
Planning Application Form.
Letter from Paul Nicholson requesting postponement t~f PA89-149.
Ashland Historic Conln}ission Minutes frorn Scl>tcmbcr 6, 1989.
BEFORE THE CITY COUNCIL
OF THE CITY OF ASHLAND
COUNTY OF JACKSON
STATE OF OREGON
IN THE MATTER OF CONDITIONAL )
USE PERMIT AND SITE DESIGN )
REVIEW AUTHORIZATION FOR THE )
CONSTRUCTION OF A SEATING )
PAVILION AND APPURTENANCES )
FOR THE OREGON SHAKESPEARE )
FESTIVAL )
PLANNING ACTION 89-149 )
)
)
Oregon Shakespeare Festival: Applicant
FINDINGS OF FACT
AND CONCLUSIONS
Final Order Exhibit 'A'
PROJECT DESCRIPTION AND OVERVIEW
Property Location and Description
The subject property is defined as Tax Lot 100 on Jackson County Assessors Map
39-1E-09. The entire parcel consists of approximately 70 acres containing the project
site and Lithia Park. The project site is situated on a small portion of the northeast
comer of the parcel between Winbum Way and Pioneer Street behind East Main Street.
The actual project site, with the exception of adjacent restroom improvements, is
confined to the area within the existing Chautauqua concrete wall and Elizabethan
Theatre stage.
Land Ownership and Authorization
The land is owned in fee simple by the City of Ashland. The project site is leased from
the city under an agreement dated August 29, 1969. The city has authorized the Oregon
Shakespeare Festival to apply for permits needed to complete the project. As such, the
City is the owner of record, and the Festival is the applicant. Craig A. Stone &
Associates are the authorized agents for the Oregon Shakespeare Festival.
Scope of the Project
The project is a +/-$6 million renovation and remodeling of the existing Elizabethan
Theatre. The project includes the following items:
Removal and relocation of existing seating, and constructing a cover over the
new seating area and appurtenances. The number of seats will not change
significantly. There are currently 1,194 seats. The new facility will have
CITY COUNCIL FINDINGS Page 1 PA 89-149
between 1,185 and 1,200 seats, at maximum an increase of six seats, or
one-half of one percent the existing capacity. The final number of seats will
be determined precisely through final architectural design processes.
· Removal of the two existing large concession booths within the Chautauqua
walls.
· Remodeling and enlargement of the existing women's restroom for use by
men, and replacing the existing men's restroom with a new women's restroom.
Construction of a replacement secondary stage for the Tudor Fair/Green Show
between two of the four now existing concession booths located adjacent the
Chautauqua wall.
· Removal and relocation of an existing concrete retaining wall located behind
the new women' s restroom.
Removal of the existing control room structure and lighting towers, and
relocating lighting equipment within the upper roof structure of the new
seating cover and in new lighting towers.
Installation of brick paving and landscape areas in place of existing asphalt
surfaces within the area between the existing Chautauqua wall and rear of the
new seating area.
Consauction of an addition to the basement of the Elizabethan stage house
under the new seating risers equal to approximately 2033 square feet, to
provide tunnel entrances for the actors.
Purpose and Intent of Land Use Actions
The purpose of the project is to enhance theatre acoustics to enable patrons in all seating
locations to more clearly hear the performances, and to attenuate noise emanating from
the theatre which now causes some impact to surrounding properties. Secondary
purposes of the project are to expand and improve public restroom facilities, and the
overall appearance of the facility.
Theatres are an outright permitted use in the C-1 district under Subsection 18.32.020(D)
ALUO. Buildings greater than 40 feet but less than 55 feet high can be permitted as a
conditional use under Subsection 18.32.050(B) ALUO. The project proposes building
improvements with a maximum height of 54'-11". Therefore, conditional use
authorization is required.
Under Section 18.08.290 ALUO the proposed seating cover is classified as a mansard
roof, the height of which is measured at the deck line. Under the ordinance, the "height"
of the structure is 45'-6", exceeding the 40 feet height limitation of the C-1-D district
and prompting the need for conditional use authorization. Refer to Exhibit 'P-10 .'
The project also requires site design review under Chapter 18.72 ALUO.
Joint applications for a conditional use permit and site design review are herewith filed.
CITY COUNCIL FINDINGS Page 2 PA 89-149
The fmdings of fact heroin presented provide the basis for approving both applications.
Standards for Approval and Burden of Proof
The criteria for granting conditional use permits are in Section 18.104.040 ALUO.
The criteria for granting site review permits are in Section 18.72.050 ALUO.
H
APPLICABLE LAND DEVELOPMENT ORDINANCE REQUIREMENTS
Section 18.32.040(A): Area, width, yard requirements: There are no applicable
requirements in the C-i-D zone. The front yard area is between Pioneer Street and the
subject use. Front yard setbacks are exempted. During the public hearings opponents
argued that the setback standard of the C-I-D zone was violated through
misinterpretation of the number of stories. The stated objection have as a basis language
in Section 18.32.040(A) ALUO, stating:
Area, width, yard requirements. "There shall be no minimum lot area width,
coverage, front yard, side yard, or rear yard, except as required under the Off-Street
Parking and loading requirements and Solar Access chapter; except where required or
increased for conditional uses; and except where required by the Site Review chapter
(18.72) of this title; and except where abutting a residential zone, where such
setback shall be maintained at 10 ft. per story for side and rear yards." (emphasis
added)
The City Council finds that Pioneer Street as it passes by the theatre is the front yard
area. The above cited setback requirements apply only to side and rear yards, not to
front yard areas. Additionally, assuming the Pioneer Street frontage were found to be a
side or rear yard, which is not conceded, the proposed structure meets the setback
standards based on the facts of the case and the ordinance definition of "Story" found in
Section 18.08.740 ALUO and cited below:
Section 18.08.740: Story: "That portion of a building included between the upper
surface of any floor and the upper surface of the floor next above, except that the top
story shall be that portion of a building included between the upper surface of the top
floor and the ceiling above. If the finished floor level directly above a basement or
cellar is more than six feet above grade, the basement or cellar shall be considered a
StOry."
As illustrated in cross sections of the proposed structure, (Applicant's Exhibit 'P-2'),
there are only two or three possible "ceilings." There is a distance of 63 feet from the
existing edge of Pioneer Street to the nearest point of the proposed seating cover. Under
even the most strict interpretation of the ordinance a 30 feet setback is required, and 63
feet are provided.
Section 18.32.040(B): Maximum building height: No structure shall be greater than
40 feet in height. (C-I-D zone). Refer to Section 18.32.050(B) ALUO, below.
Section 18.32.050(B). Structures which are greater than 40 feet in height, but less than
CITY COUNCIL FINDINGS Page 3 PA 89-149
55 feet, may be permitted as a conditional use. The height of the building is 45'-6" as
def'med by the Ashland Land Use Ordinance.
Section 18.08.280. Grade or Ground Level. The average of the finished ground level
at the center of all walls of the building. In case a wall is parallel to and within five feet
of a sidewalk, the ground level shall be measured at the sidewalk.
Section 18.08.290. Height of Buildings. The vertical distance from the "grade" to the
highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitch or hip roof. Applicant's architect, Ian
MacLeod, has determined that the proposed seating cover is a mansard roof in the
framework of how roof types are classified by the cited standard. Regardless of roof
type or method of measurement, the highest point of the roof from grade is 54 '- 11 ". As
mentioned, the building height, as defined by the Ashland Land Use Ordinance is
45' -6".
Section 18.68.040. Yard Measurements. All yard measurements to and between
buildings or structures or for the purpose of computing coverage or similar requirements
shall be made to the building or nearest projection thereof and shall be unobstructed
from the ground upward, except that architectural projections may intrude 18 inches into
the yard requirement. Setback or yard requirements are not applicable.
Section 18.72.090. Landscaping Standards. The site is part of Lithia Park, a richly
landscaped public park. The actual project site, while more "developed" than most other
areas of the park, has significant landscaping. Additional landscaping is planned within
the walled area of the building site. Existing landscaping of the general project site and
subject property in general meets the 10% minimum landscaping requirements of the
C-1-D zone. All landscaping is irrigated. To the extent the city determines that
additional street trees along Pioneer Street are required, applicant will stipulate to their
installation consistent with city requirements. The City Council finds and concludes
that additional street trees in an area with abundant existing vegetation are not required.
Section 18.72.110. Light and Glare Performance Standards. Planned lighting
improvements consist of stage lighting to be located in the lighting gallery within the
planned new seating cover, and on new stage lighting towers. The lighting will be
directed only at the stage area. Lighting spill will be no greater than at present.
HI
CONDITIONAL USE PERMIT STANDARDS
SECTION 18.104.040 AZO: CRITERIA: A CONDITIONAL USE PERMIT SHAIJ,
BE GRANTED IF THE APPROVAL AUTHORITY FINDS THAT THE PROPOSAL
CONFORMS WITH THE FOLLOWING GENERAL CRITERIA:
A. THE PROPOSAL IS IN CONFORMANCE WITH THE COMPREHENSIVE
PLAN.
Findings: Conformance with the plan is found to exist. Refer to Section V of this
document.
CITY COUNCIL FINDINGS Page 4 PA 89-149
B. THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF
THE PROPOSED DEVELOPMENT ARE SUCH THAT THE DEVELOPMENT
W~,I, BE REASONABLY COMPATIBLE WITH AND HAVE MINIMAL IMPACT
ON THE LIVABILITY AND APPROPRIATE DEVELOPMENT OF ABUTTING
PROPERTIES AND THE SURROUNDING NEIGHBORHOOD.
Findings: The location and operating characteristics of the theatre will not change as a
result of the planned improvements. The size of the theatre, in terms of seating, also
will not change. The size of the structure will change by virtue of covering a portion of
currently uncovered seating area. The City Council fends the design of the project is
compatible with the architecture ofother Shakespeare festival buildings located in the
immediate vicinity.
As to the concept of livability, the City Council finds that CUP Standard 'C', cited and
addressed below def'mes the qualifies and characteristics which determine livability
under the ordinance. More specific findings are presented under CUP Standard 'C.'
During the public hearings opponents argued that prevailing and continued all-day
theatre activity overwhelms abutting residential properties and deprives them of the
quiet enjoyment of their neighborhood in violation of CUP standard 'B.' As covered in
other portions of these fendings, no change in the capacity or operation of the theatre
facility is contemplated by the physical changes proposed by the joint applications.
Noise impacts which currently exist will be mitigated by 10-20dBA according to
Applicant's Exhibit 'P-9', and through the approval condition requiting applicant to
meet city noise regulations. The City Council finds these measures will lessen noise
impacts and cause the theatre to meet the same noise standards governing all other
segments of the community.
C. IN DETERMINING THE ABOVE, CONSIDERATION SHALL BE GIVEN TO
THE FOLLOWING:
1) HARMONY IN SCALE, BULK, COVERAGE AND DENSITY
Findings: In plan view, the scale, bulk, coverage, and density of the seating cover is
consistent overall with those of the Angus Bowmer Theatre located adjacent thereto, and
with other buildings in the adjacent and nearby downtown area. As illustrated by the
city' s AutoCAD site plan of the downtown area, upon which the new structure has been
superimposed, the "footprint" of the seating cover is similar in size to many downtown
buildings. The downtown site plan, with building heights and photograph station points
noted, is offered as Applicant's Exhibit 'P-3.' Photographs of the project site and
surrounding downtown area are submitted as further evidence of compatibility.
The downtown area is characterized by groups of individual buildings which are either
attached, or separated by 10 feet or less. The proposed structure is related to its own
building group consisting of the Angus Bowmer Theatre, Elizabethan stage and stage
house. The building scale, bulk, coverage, and density of the subject building group,
with the roof cover addition, is consistent and compatible with that of other building
groups in the downtown area as evidenced by Exhibits 'P-3','P-4', 'P-8', 'P-11', and
'P-lY.
As to building height, elevations of the planned roof cover illustrate its relationship to
the Angus Bowmer Theatre. The downtown site plan, Exhibit 'P-3', includes
CITY COUNCIL FINDINGS Page 5 PA 89-149
information regarding building height obtained by survey. Edwards Surveying and
Land Planning was commissioned to determine building heights of downtown buildings
adjacent and near to the subject site. Building height information thus obtained is
indicated on the downtown site plan. The height information indicates the planned
seating cover will have a height greater than some downtown buildings but less than
others. The information supports a conclusion that the height of the planned structure is
consistent and compatible with other downtown buildings.
As herein discussed, a principal reason for the new seating cover is to attenuate noise
emanating from the surrounding neighborhood which impacts theatre performances, and
to attenuate noise created by performances which impacts on the surrounding
neighborhood. The value of noise attenuation will serve to enhance the livability of
abutting properties and the surrounding neighborhood.
To the extent it is argued that the new seating cover will block or obscure views from
the residential area located south and southwest, inconsistent with the reasonably
compatible/minimai impact criteria, the City Council f'mds the alteration of views is
relevant only to the extent it may affect livability and appropriate development. In this
regard, the Council finds:
1) Based on topographic information submitted as a part of Exhibit 'P-2', nearby
residential dwellings are at a substantially higher elevation than the proposed
structure, and their views have already been altered by existing Shakespeare
buildings. The height of the largest Chautauqua Dome ever placed on the
existing wail is estimated at 81 feet above the average grade. Domes existing on
this site from 1893 until the late 1920's.
2) View alterations are minimal for the nearest residential dwellings located
approximately 160 and 220 feet from the proposed structure, and at an elevation
approximately 20-25 feet higher at grade. Photograph #3 of Exhibit 'P-4' and
'P-8', taken near the intersection of Pioneer and Fork Street, topographic maps in
Exhibit 'P-2', and the downtown site plan, Exhibit 'P-3' help illustrate and
support this finding and conclusion.
3) Existing mature trees on and off the project site serve to obscure nearby
residential views. Refer to Exhibits 'P-4' and 'P-8.'
4) No nearby vacant and buildable residential land is nearer the proposed structure
than the existing dwellings noted in #2, above, which dwellings are located at the
intersection of Fork and Pioneer Streets, and Fork and Hargadine Streets.
During the public hearing opponents argued that noise was considered by applicant
primarily from the standpoint of internal acoustics and included inadequate sound
testing to determine impacts. This, opponents claimed, violates CUP Standard C-1 in
Section 18.104.040 ALUO. The letter of record from acoustics expert Lawrence
Kirkegaard, (Applicant's Exhibit 'P-9'), states:
"While we intended the structure to prevent noise transmission into the theatre, it
is equally effective at containing the sound of performances and will bring the
operation of the theatre into compliance with the noise ordinance."
The City Council finds and concludes that adequate consideration was given to noise
CITY COUNCIL FINDINGS Page 6 PA 89-149
attenuation emanating from the theatre which now affects the adjoining neighborhood.
The evidence suggests a significant improvement in noise impacts based on the evidence
of record.
2) THE AVAILABILITY AND CAPACITY OF PUBLIC FACILITIES AND
UTILITIES.
Findings: As findings throughout this document indicate, planned improvements will
not significantly increase the capacity of the theatre, and will not, therefore, place
additional demands on the public infrastructure now serving the existing facility.
During the public hearings the opponents asserted that an increase in the number of
performances will place additional burdens on the public infrastructure, and that a
condition limiting the number of performances to current levels should be imposed.
Unrefuted evidence in the record indicates that in 1976 there were 99 performances in
the theatre; the number of performances planned in 1990 is 102. Evidence in the record
indicates applicant's intention not to increase the number of performances in the future.
To the extent more performances occur in the future, the City Council finds:
1) That no public facilities serving the subject property are at threshold capacity.
2) That practical limitations exist relative to the number of performances which can
reasonably be accommodated given the outdoor nature of the theater and seasonal
climatic conditions; that increases in the number of performances, should they occur,
would necessarily occur on weekend days when the public infrastructure is taxed the
least and is best able to accommodate any slight increases in facility usage.
3) That limiting the number of performances by approval conditioning is not warranted
by limitations of the public infrastructure serving the area.
4) That the Ashland Downtown Plan, a part of the comprehensive plan, contains an
action program to facilitate the construction of additional parking. The downtown plan
is herewith cited by reference and incorporated herein.
3) THE GENERATION OF TRAFFIC AND THE CAPACITY OF
SURROUNDING STREETS.
Findings: As the project will not add significant additional seating or enlarge the facility
beyond its existing capacity, additional vehicle trips to and from the theatre are not
anticipated. Therefore, the facility will not affect the condition or capacity of
surrounding streets.
4) PUBLIC SAFETY AND PROTECTION.
Findings: The project will not affect public safety or emergency services as the
proposed project will not add significant capacity to the facility.
5) ARCHITECTURAL AND AESTHETIC COMPATIBILITY WITH THE
SURROUNDING AREA.
CITY COUNCIL FINDINGS Page 7 PA 89-149
Findings: Findings presented previously in this Section, and under Section IV support a
finding of architectural and aesthetic compatibility. In making the compatibility finding
several points are relevant. First, the term "compatibility" does not require a building to
be identical, only compatible. Second, the function of this or any structure needs to
guide its form. Third, architectural/aesthetic compatibility is a qualitative not
quantitative determination subject to expert and lay opinion. The opinion of applicant's
architect, Ian MacLeod, AIA of Tref~nger, Walz & MacLeod, Architects & Planners, is
that the proposed seating cover and other planned improvements will be consistent with
and compatible with the surrounding neighborhood. The height of the building and its
architecture is dictated by the number of seats proposed, (approximately equal to the
existing number), and the need to come close to the theatrical standard of having front
stage lighting directed from above at a 45-degree angle to the stage.
Minutes from the September 6, 1989 Ashland Historic Commission meeting when the
subject project was reviewed and approved further substantiates the architectural and
historic compatibility of the seating cover. The cited minutes are submitted as Exhibit
'P-6.' By this reference, all evidence before the Historic Commission for their review of
the project on September 6, 1989 is incorporated into the record of these proceedings
and made a part hereof. Also refer to Exhibit 'P-12' and 'P-13.' The following quotes
are taken from the cited minutes:
"Ward commended the architects, noting that they worked especially with the
historic design in keeping with the dome of the original Chautauqua."
"Skibby passed around photos of Chautauqua in the early 1900's in its various
phases. Burnham also presented a rendering of the Globe Theatre in England,
noting the similar design of the proposed addition inside the Chautauqua walls."
"The Historic Commission agreed the design was very nice and compatible not
only with the original Chautauqua, but also the Historic District."
"Ward moved and Reynolds seconded to endorse the Planning Staff approval of
the Site Review, and the motion was unanimously passed."
As background, the original Chautauqua tabernacle was fast constructed atop the
present Chautauqua walls in 1893. From 1893 through the 1920's the Chautauqua drew
people from Oregon and Northern California to its season of concerts, lectures, and
other entertainments. After being enlarged, the first Chautauqua was replaced in 1916
by a still larger theatre with an unsupported wooden dome of 160 feet in diameter and
height of approximately 81 feet. The dome later was judged unsafe in the early 1930's
and removed, leaving a hollow shell within the Chautauqua walls. The Elizabethan
Theatre has been in existence and operated continuously by the Oregon Shakespeare
Festival on the present subject site since 1935, a period of 55 years. The theatre was
rebuilt in 1947 and again in 1959.
IV
SITE DESIGN USE GUIDELINES AND POLICIES
CITY COUNCIL FINDINGS Page 8 PA 89-149
SECTION 18.72.050: CRITERIA FOR APPROVAL
A. ALL APPLICABLE CITY ORDINANCES HAVE BEEN MET AND WILL BE
MET BY THE PROPOSED DEVELOPMENT.
Findings: The City Councils finds the findings and conclusions herein presented
demonstrate compliance with all relevant city ordinances.
B. ALL REQUIREMENTS OF THE SITE REVIEW CHAPTER HAVE BEEN MET.
Findings: Refer to Section H.
C. THE SITE DESIGN COMPLIES WITH THE GUIDELINES ADOPTED BY THE
CITY COUNCIL FOR IMPLEMENTATION OF THIS CHAPTER.
Findings: Refer to the findings and conclusions for the site design guidelines pertaining
to "commercial and employment development" which are set forth below.
COMMERCIAL AND EMPLOYMENT DEVELOPMENT
POLICY: DEVELOPMENT IN COMMERCIAL AND EMPLOYMENT ZONES
SHALL, WHENEVER POSSIBLE, CONFORM TO THE FOLLOWING:
ORIENTATION: COMMERCIAL BUILDINGS SHOULD HAVE THEIR
PRIMARY ORIENTATION TOWARD THE STREET RATHER THAN THE
PARKING AREA. BUILDINGS SHOULD BE ACCESSED FROM THE STREET
AND THE SIDEWALK.
Findings: While the subject structure can be called a commercial building by virtue of
its location within a commercial zone, it is not a customary commercial building or use.
The "orientation" of the "building" is toward South Pioneer Street and the pedestrian
courtyard situated between South Pioneer and the Angus Bowmer Theatre. The seating
cover will not change the orientation of the existing theatre complex.
STREETSCAPE: STREET TREES FROM THE STREET TREE LIST SHOULD BE
PLACED AT 30 FOOT INTERVALS FOR THAT PORTION OF THE
DEVELOPMENT PARAIJ.ELING THE STREET. WHERE THE SIZE OF THE
PROJECT DICTATES AN INTERIOR CIRCULATION STREET PATTERN, A
MINI-STREETSCAPE WITH STREET TREES IS DESIRABLE. COMMERCIAL
BUILDINGS IN PREDOMINATELY RESIDENTIAL AREAS SHOULD IMITATE
BUILDING SETBACKS AND FRONT YARD LANDSCAPING PATTERNS
ESTABLISHED BY THE RESIDENTIAL AREA.
Findings: The project site fronts Pioneer Street, along which existing trees and
vegetation are abundant. As mentioned, applicant stipulated to installing additional
trees along the street frontage if required by the city. The Council found and concluded
that additional trees are unnecessary in the already landscaped area.
LANDSCAHNG: LANDSCAPING SHOULD BE DESIGNED SO THAT 50%
COVERAGE OCCURS AT INSTAILATION AND THAT 90% LANDSCAPING
COVERAGE OCCURS AFTER 5 EARS. LANDSCAPING DESIGN SHOULD
CITY COUNCIL FINDINGS Page 9 PA 89-149
USE A VARIETY OF DECIDUOUS AND EVERGREEN TREES AND SHRUBS
AND SHOULD INCLUDE FLOWERING PLANT SPECIES. EFFORTS SHOULD
BE MADE TO SAVE AS MANY EXISTING HEALTHY TREES AND SHRUBS ON
THE SITE AS POSSIBLE. BUIt~DINGS ADJACENT TO STREETS SHOULD BE
BUFFERED BY A LANDSCAPED AREA ABOUT 10 FEET IN WIDTH.
OUTDOOR STORAGE AND SERVICE AREAS SHOULD BE SCREENED AND
BUFFERED, ESPECIALLY WHEN ADJACENT TO RESIDENTIAL USES.
IRRIGATION SYSTEMS SHOULD BE INSTALLED TO ASSURE LANDSCAPING
SUCCESS.
Findings: As mentioned, the project site currently has significant mature landscaping.
New landscaping will consist primarily of additional trees to be located within the new
brick courtyard area within the outer wall of the theatre. The guideline conflicts with
regulations of the zone which specifically exempts C-I-D properties from front yard
setbacks. Notwithstanding this fact, a landscaping area approximately 28 feet wide
exists between Pioneer Street and the nearest improvements herein proposed.
PARKING: PARKING AREAS SHOULD BE LOCATED BEHIND BUILDINGS
OR ON ONE OR BOTH SIDES. PARKING AREAS SHOULD BE SHADED BY
LARGE CANOPIED DECIDUOUS TREES AND SHOULD BE ADEQUATELY
SCREENED AND BUFFERED FORM ADJACENT USES. CUSTOMER AND
VISITOR PARKING SHOULD BE EASILY ACCESSED. REFER TO PARKING
LOT LANDSCAPING AND SCREENING STANDARDS FOR MORE DETAIL.
Findings: Off-street parking is not required within the C-1-D zone, and no parking is
planned. The parking guideline is inapplicable. During the public hearing opponents
argued the noise generated by parking and automobiles near the theatre imposes
unreasonable impacts. The City Council finds that absent an ordinance requirement to
provide off-street parking in the C-I-D zone, and absent a planned increase in seating or
the number of performances, the existing conditions will not worsen. The approval
condition requiring applicant to meet city noise standards will help ensure that
prevailing conditions will not become worse as a result of granting approval of the land
use applications. In point of fact the city is moving toward redressing existing parking
problems through adoption of an action plan as a part of the Ashland Downtown Plan.
NATURAL CLIMATE CONTROL: MAXIMIZE THE WARMING EFFECT OF
SOLAR RADIATION IN WINTER MONTHS AND MAXIMIZE SHADE IN THE
SUMMER MONTHS. UTILIZE DECIDUOUS TREES WITH EARLY LEAP DROP
AND LOW BARE BRANCH DENSITIES ON THE SOUTH SIDES OF BUII~DINGS
FOR SUMMER SHADE AND WINTER WARMTH. REDUCE THE IMPACT OF
WINTER WINDS AND MAXIMIZE THE COOLING EFFECT OF SUMMER
BREEZES.
Findings: As the Elizabethan theatre is an open-air facility, it is used only during the
warmer months of the year. No artificial heating or cooling is used for the public
seating areas. The Pavilion concession booths, the control room, and restrooms will be
supplied with some artificial cooling. The planned seating cover is oriented to shade the
hot summer sun from the south and west.
ENERGY CONSERVATION: INSULATE AND TIGHTEN BUILDINGS TO A
COST EFFECTIVE LEVEL. USE LARGER WINDOWS ON SOUTHERN
EXPOSURES WHERE POSSIBLE. SITE BUILDINGS FOR SOLAR ACCESS.
CITY COUNCIL FINDINGS Page 10 PA 89-149
DESIGN BUILDING OVERHANGS TO SHIELD THE HIGH SUMMER SUN AND
EXPOSE THE AREA TO THE LOWER WINTER SUN. CONSIDER
ALTERNATIVE ENERGY METHODS. PLACE AREAS THAT WORKERS
OCCUPY TO THE SOUTH OF THE BUILDING AND PROVIDE PROPERLY
SIZED WINDOWS FOR SOLAR GAIN. LOCATE STORAGE AREAS TO THE
NORTH WHENEVER POSSIBLE. USE NATURAL LIGHTING THROUGH THE
USE OF SKYLIGHTS, PERIMETER WINDOWS AND OTHER LIGHTING
TECHNIQUES.
Findings: As mentioned, the theatre is an open-air facility. Insulation and solar
utilization requirements are moot and inapplicable.
NOISE AND GLARE: SPECIAL ATTENTION TO GLARE (AMC 18.72.110) AND
NOISE (AMC 9.08.170(C) & AMC 9.08.175) SHOULD BE CONSIDERED IN THE
PROJECT DESIGN TO ALLEVIATE ANY FUTURE, FORESEEABLE PROBLEMS.
Findings: The City Council finds the proposed project will not produce glare in any
form as all new lighting will be within the confines of the theatre and directed at the
stage area. New lighting will not be directed at or shine directly on any adjacent
buildings or land.
As to noise and the applicability of AMC 9.08.170, the City Council finds the subject
use will comply with the cited noise as evidenced by Applicant's Exhibit 'P-9', and as a
condition of approval. Also refer to findings for the Noise Goal of Comprehensive Plan
Chapter IV and Comprehensive Plan Policy IV-58. The City Council finds that design
efforts have specifically focused special attention to the elimination or mitigation of
noise.
BUILDING MATERIALS: BUILDING MATERIALS AND PAINT COLORS
SHOULD BE COMPATIBLE WITH THE SURROUNDING AREA. BUILDINGS
MADE OF UNADORNED TILT-UP CONCRETE, CONCRETE BLOCK, OR
METAL SIDING ARE NOT ACCEPTABLE. CONCRETE AND METAL
BUILDINGS THAT WIIL BE VISIBLE FROM ADJACENT STREETS SHOULD
HAVE BRICK, WOOD, OR IMITATION ROCK FACADES. AVOID EXTENSIVE
USE OF GLASS AS BUILDING SKIN. BRIGHT COLORS USED TO ATTRACT
ATYENTION TO THE BUILDING OR USE ARE UNACCEPTABLE.
Findings: Materials for the new seating cover and appurtenances are planned to match
or blend with the existing buildings to which it will be attached. The walls are proposed
as heavy texture stucco of a gray color to match the existing Chautauqua bowl walls and
Angus Bowmer Theatre. Ivy is planned to cover portions of the walls consistent with
the existing plantings. The trim, doors, gutter, and other exterior features will be a
combination of wood and metal to match the existing trim and half-timbering color of
the Elizabethan Theatre stage house and Angus Bowmer Theatre. The roof will be slate
gray concrete tile compatible with the existing roofs of the Elizabethan stage house and
Angus Bowmer Theatre. New brick work on the ground will match that which already
exists in the courtyard area. The City Council finds the building materials and colors
will be compatible and consistent with the existing theatre buildings to which it will be
attached.
CRIME PREVENTION:
CITY COUNCIL FINDINGS Page 11 PA 89-149
HARDWARE - RELIANCE SOLELY UPON SECURITY HARDWARE IN
LIEU OF OTHER ALTERNATIVES IS DISCOURAGED.
Findings: The theawe is located near Pioneer Sweet on an open pedestrian plaza. As a
basically open-air theawe, the exclusive use of security hardware is not a factor. Public
surveillance of the theawe area is afforded by proximity to the street and the adjacent
public park. During the season, the applicant provides a night watchman. Other
alternatives are an open design to facilitate public surveillance as a means to deter crime.
The City Council finds that a trade-off exists between the noise attenuation objectives
possible only through line-of-sight noise blockage afforded by the seating cover, and
public surveillance of the theatre area. The City Council has weighed the trade-off and
finds in favor of providing the seating cover as a means to attenuate noise.
During the public hearing an objection was raised asserting the planned seating cover
would block access to the theatre. The theatre is currently open to the public during
daylight hours and this practice will continue. The existing facility can be and is
secured, and will continue to be secured during night time hours as a continuing security
measure.
LIGHTING SITE DEVELOPMENT SHOULD UTILIZE LIGHTING
PRUDENTLY. MORE LIGHTING DOES NOT NECESSARILY MEAN
BETYER SECURITY. LIGHTING SHOULD BE ORIENTED SO THAT
AREAS VULNERABLE TO CRIME SUCH AS STORAGE AND SERVICE
AREAS ARE ACCENTED.
Findings: As discussed, new lighting is limited to stage lighting and safety lighting on
the pavilion. Existing lighting on the plaza and Chautauqua bowl walls will remain.
LANDSCAPING - PLANT MATERIALS SUCH AS HIGH SHRUBS SHOULD
BE PLACED SO THAT SURVEILLANCE OF VULNERABLE AREAS IS
NOT BLOCKED. THORNY SHRUBS WILL DISCOURAGE CRIME
ACTIVITY. LOW SHRUBS AND CANOPY TREES WILL ALLOW
SURVEIt J.ANCE, HENCE, REDUCE THE POTENTIAL FOR CRIME.
Findings: New landscaping will not affect surveillance either positively or negatively.
ORIENTATION OF WINDOWS - WINDOWS SHOULD BE LOCATED SO
THAT VULNERABLE AREAS CAN BE EASILY SURVEYED BY OTHERS.
Findings: No windows are planned.
V
COMPLIANCE WITH THE COMPREHENSIVE PLAN
GENERAL EXPLANATION: The following Section lists all goals and policies
contained in the Ashland Comprehensive Plan. Not all goals and policies are applicable
for all land use actions.
Unless otherwise stated, the findings for all goals and policies reach a conclusion of
consistency.
CITY COUNCIL FINDINGS Page 12 PA 89-149
CHAPTER III - CITIZEN PARTICIPATION AND INVOLVEMENT
GOAL: TO MAINTAIN A CITIZEN INVOLVEMENT PROGRAM THAT
ENSURES THE OPPORTUNITY FOR CITIZENS TO BE INVOLVED IN ALL
PHASES OF THE PLANNING PROCESS.
Findings: The procedure used by the City of Ashland to review and act on the subject
land use permits requires public notice consistent with state statute, and mailed notice to
nearby affected property owners. The procedure also requires a public hearing,
providing an opportunity for citizens to submit written and oral testimony on the matter.
The procedures ensure consistency with the cited goal.
POLICY HI-l: CONTINUE THE EXISTING ASHLAND CITIZENS' PLANNING
ADVISORY COMM/TTEE TO ASSIST THE ASHLAND PLANNING
COMMISSION AND ASHLAND CITY COUNCIL ON SIGNIFICANT PLANNING
ISSUES, IMPLEMENTING ORDINANCES, AND ALL LCDC AND
COMPREHENSIVE PLAN GOALS.
Findings: The cited policy is inapplicable..
POLICY HI-2: ENSURE, AS MUCH AS POSSIBLE THAT THE 16- MEMBER
CITEENS' PLANNING ADVISORY COMMITTEE REPRESENTS A
GEOGRAPHIC, OCCUPATIONAL AND IDEOLOGICAL CROSS-SECTION OF
THE CITIZENSHIP OF ASHLAND. ALL FUTURE SELECTIONS TO THE
COMMITTEE SHOULD BE WITH THE IDEAL OF REPRESENTING A
CROSS-SECTION OF ASHLAND'S POPULATION.
Findings: The cited policy is inapplicable.
POLICY III-3: ENSURE IN THE FUTURE THAT AIJ. CITIZENS ARE GIVEN
THE OPPORTUNITY TO CONTRIBUTE THEIR VIEWS TO PLANNING ISSUES
THROUGH THE PUBLIC HEARING PROCESS.
Findings: The public notification and hearing procedures used by the city provide an
opportunity for citizens to become involved in the decision making process.
POLICY I~-4: THE CITY SHALL SPONSOR INFORMAL WORKSHOPS
DURING THE DEVELOPMENT OF SIGNIFICANT ELEMENTS OF THE PLAN OR
IMPLEMENTING ORDINANCES, SO THAT COMPLEX ISSUES MAY BE
BETYER UNDERSTOOD BY THE PUBLIC.
Findings: The cited policy is inapplicable, although the city has recently conducted
workshops to help direct changes in the comprehensive plan as part of the city 's periodic
review process required by LCDC.
POLICY llI-5: THE CITY SHOULD DEVELOP EDUCATION MATERIALS
SUCH AS GUIDELINES, HANDOUTS, ETC. TO INCREASE UNDERSTANDING
OF THE CITY CODES BY THE GENERAL PUBLIC. WHEN NECESSARY, THE
CITY SHOUI~D SPONSOR SEMINARS AND CLASSES TO BETTER INFORM
THE PUBLIC.
CITY COUNCIL FINDINGS Pap 13 PA 89-149
Findings: The cited policy is inapplicable.
CHAPTER IV- ENVIRONMENTAL RESOURCES
GOAL: TO GUARANTEE THAT THERE IS AN ADEQUATE SUPPLY OF
GRANITE AVAILABLE FOR USES IN AND AROUND THE CITY OF ASHLAND.
WHILE ENSURING THAT INCOMPATIBLE EFFECTS THAT MINING CREATE
ARE MITIGATED AS MUCH AS POSSIBLE.
Findings: The cited policy is inapplicable. The project will not affect the supply of
granite. This finding is made consistent with findings for the related policies, cited and
addressed below.
POLICY IV-l: ALLOW THE THREE EXISTING GRANITE QUARRIES TO
CONTINUE TO OPERATE WITHIN THE CONFINES OF THEIR EXISTING TAX
LOTS, SUBJECT TO THE NON-CONFORMING USE SECTION OF THE LAND
USE ORDINANCE.
Findings: The cited policy is inapplicable. The three existing quarries referenced in the
policy do not exist on subject property.
POLICY IV-2: MAKE THE EXPANSION OF SUBJECT QUARR/ES ONTO
CONTIGUOUS TAX CHAPTER III- CITIZEN PARTICIPATION AND
INVOLVEMENT LOTS SUBJECT TO THE CONDITIONAL USE PERMIT
PROCEDURE AS SPELLED OUT IN THE CITY'S IMPLEMENTING
ORDINANCES.
Findings: The cited policy is inapplicable. The existing quarries referenced in the
policy do not exist on subject property.
POLICY IV-3: PREVENT THE ESTABLISHMENT OF ANY ADDITIONAL
QUARRYING SITES WITHIN THE CITY DUE TO THE INCOMPATIBLE
NATURE OF MINING ACTIVITIES WITH OTHER URBAN USES.
Findings: The cited policy is inapplicable. An aggregate quarry is not proposed.
POLICY IV-4: ENSURE THAT ALL THE EXISTING PRIVATE AND PUBLIC
QUARRII~-S ARE RECLAIMED AND REVEGETATED AFTER MINING
ACTIVITIES ARE COMPLETED.
Findings: The cited policy is inapplicable. The property is not an existing quarry.
GOAL: HAVE SOUND SOIL CONSERVATION AND EROSION CONTROL
PRACTICES IN AND AROUND ASHLAND.
Findings: Soil conservation and erosion control are most important in areas of steep
topography. The Physical and Environmental Constraints Map does not identify the site
as an area of erosion or slope concern. The area to be occupied by new seating is
generally level and surfaced with asphalt, brick, or concrete. Actual development will
not disturb any lands identified as a slope/erosion hazard by the above cited map.
CITY COUNCIL FINDINGS Page 14 PA 89-149
POLICY IV-5: REQUIRE THAT DEVELOPMENT BE ACCOMMODATED TO
NATURAL TOPOGRAPHY, DRAINAGE AND SOILS, AND MAKE MAXIMUM
USE OF EXISTING VEGETATION TO MINIMI~ EROSION.
Findings: As mentioned the actual development area is on land which is not steep and
will not require the alteration of other lands which are steep. As explained above, the
project is generally confined to an already developed area.
POLICY IV-6: PREVENT DEVELOPMENT AND LAND
PRACTICES WHICH RESULT IN RAPID RUNOFF AND
EROSION.
MANAGEMENT
ACCELERATED
Findings: Rapid ranoff and accelerated erosion are factors associated with natural areas
and steep slopes. As mentioned the actual development area is on land which is not
steep and will not require the alteration of other lands which are steep. The project is
confined to an already developed area.
POLICY IV-7:
CONSTRUCTION
SEDIMENTATION.
REQUIRE SITE-PREPARATION PROCEDURES AND
PRACTICES WHICH MINIMIZE EROSION AND
Findings: Refer to previous finding for policy IV-6.
POLICY IV-8: PROTECT ESSENTIAL HILLSIDE DRAINAGE AREAS FOR
ABSORPTION OF STORM RUNOFF, AND OTHER AREAS SUBJECT TO
SEVERE SOIL EROSION, UNLESS CONTROL CAN BE ESTABLISHED.
Findings: Refer to previous finding for policy IV-6.
POLICY IV-9: ENCOURAGE A CHANGE IN SITE DRAINAGE PRACTICES BY
REDUCING RUNOFF VELOCITY, HAVING ON-SITE DETENTION OF WATER,
AND BY DESIGNING "NATURAL SYSTEMS" UTILIZING THE NATURAL
PROPERTIES OF SOILS AND VEGETATION.
Findings: Refer to previous finding for policy IV-6.
POLICY IV-10: ON STEEP SLOPES REQUIRE LOT COVERAGE REDUCTIONS
BASED UPON SLOPE PERCENTAGES IN THE CITY'S IMPLEMENTING
ORDINANCES.
Findings: Refer to previous finding for policy IV-6.
POLICY IV-11: USE DEVELOPMENT PERFORMANCE STANDARDS WHICH
ARE BASED UPON THE NATURAL TOPOGRAPHY, DRAINAGE, SOILS, LOT
COVERAGE, AND DENSITIES IN PLACE OF ARBITRARY SUBDIVISION
STANDARDS TO ENSURE THAT NATURAL FEATURES ARE AN INTEGRAL
PART OF THE DESIGN PHASE OF FUTURE DEVELOPMENTS.
Findings: A subdivision is not proposed. The cited policy is inapplicable. The site
design guidelines, previously addressed are performance standards applicable to the
CITY COUNCIL FINDINGS Page 15 PA 89-149
project.
POLICY IV-12: FORBID DEVELOPMENT OR CUTS AND FILLS ON SLOPES
GREATER THAN 50%, UNLESS SCIENTIFIC AND GEOLOGIC EVIDENCE IS
AVAILABLE SHOWING THAT IT MAY BE DONE SAFELY.
Findings: Topographic evidence demonstrates the project will not involve or affect
slopes of greater than 50%.
GOAL: REDUCE TO AN ABSOLUTE MINIMUM THE IMPACT OF
URBANIZATION AND OTHER LAND USES ON THE QUALITY OF WATER IN
AND AROUND ASHLAND IN ORDER TO ENSURE THAT THE CITY WATER
SUPPLY IS OF THE HIGHEST POSSIBLE QUALITY AND IS DRAWN FROM
DEPENDABLE SOURCES.
Findings: The project will not result in any change of use or activity which will affect
surface or ground waters. Little if any additional permeable surface area will be covered
with impermeable materials. New brick-covered surfaces are at present generally
covered by concrete or asphalt.
POLICY IV-13: ENCOURAGE PUBLIC AWARENESS OF PROBLEMS OF THE
ASHLAND WATERSHED AND THEIR CAUSES.
Findings: The cited policy is inapplicable. The subject property is not within or near
the watershed.
POLICY IV-14: PREVENT ANY DEVELOPMENT OR ACTIVITY, FUTURE OR
EXISTING, WHICH HAS AN ADVERSE EFFECT ON THE WATERSHED.
Findings: The cited policy is inapplicable. The subject property is not within the
watershed area.
POLICY IV-15: MAINTAIN AND IMPROVE THE QUALITY OF BOTH SURFACE
AND GROUND WATER RESOURCES, AND PROHIBIT NEW PRACTICES AND
DEVELOPMENTS WHICH CANNOT MEET WATER QUALITY STANDARDS.
Findings: The project deals with improving an already developed area. Surface and
ground waters will not be affected.
POLICY IV-16: COOPERATE WITH AGENCIES AND FIRMS IN IMPROVING
WATER QUALITY AND THE CONDITION OF THE WATERSHFI}.
Findings: The cited policy is inapplicable. The project is located approximately one
mile from the watershed area.
GOAL: PROTECT THE QUALITY OF WATER-RELATED RESOURCE LANDS,
AND PRESERVE WILDLIFE HABITATS.
Findings: The cited policy is inapplicable. The project site can not fairly be described
as "water-related resource land" or "wildlife habitat" as it is already developed. While
one of the Lithia Park duck ponds is located west of the project site, the nature of the
CITY COUNCIL FINDINGS Page 16 PA 89-149
project and its location on already developed land suggest no conflict with the policy.
The clear intent of the policy is to preserve forest resource lands surrounding the city.
Waterfowl utilizing the man-made duck pond are at least semi- domesticated and
accustomed to urban activities in general and activities related to the subject use in
particular.
POLICY IV-17: REQUIRE THE PROTECTION AND PRESERVATION OF
WATER AREAS, AQUIFERS, RIPARIAN AREAS (STREAM BANKS), AND
WILDLIFE HABITAT AREAS.
Findings: The policy is inapplicable. As the project site is already developed, it can not
be found to fall within any of the categories set out in the policy. Also refer to findings
for the underlying plan goal, cited and addressed previously.
POLICY IV-18: ENCOURAGE MORE PUBLIC ACCESS TO WATERWAYS, BUT
DEFINE WHAT PUBLIC ACTIVITIES CAN TAKE PLACE. ENSURE THAT
SUCH ACCESS DOES NOT RESULT IN WATER OR VISUAL POIJ.UTION.
Findings: The policy is inapplicable. The site is already developed and no "waterways"
traverse the site development area.
POLICY IV-19: WHERE POSSIBLE, UTILI7]~- WATER RELATED AREAS FOR
RECREATIONAL USES, BIKE PATHS, AND PEDESTRIAN JOGGING TRAILS
Findings: The policy is inapplicable. As already developed land, it can not be
considered a "water related area."
GOAL: TO PROTECT LIFE AND PROPERTY FROM FLOODING AND FLOOD
HAZARDS, AND MANAGE AREAS SUBJECT TO FLOODING IN A MANNER IN
WHICH THE PUBLIC' S INTEREST IS PROTECTED.
Findings: The cited goal is inapplicable. The project site is not within the floodway or
100-year flood plain of any nearby waterway according to official FIMA maps and more
precise city analysis. FIMA flood plain maps are a part of the comprehensive plan, and
are herewith sited by reference and incorporated herein.
POLICY IV-20: THE CITY SHOULD CONTINUE TO PARTICIPATE IN THE
NATIONAL FLOOD INSURANCE PROGRAM, COMPLYING WITH AIJ.
APPLICABLE STANDARDS.
Findings: The cited policy is inapplicable. As discussed, the property is not within a
flood plain area according to adopted FIMA maps of the city.
POLICY IV-21: ENCOURAGE, IN FLOOD FRINGE AREAS, ALTERNATIVES TO
URBAN DEVELOPMENT, SUCH AS AGRICULTURAL, OPEN SPACE, PARKS,
WII .DLIFE HABITAT, NATURAL AREAS AND RECREATIONAL USES.
Findings: The cited policy is inapplicable. The project site is not within any flood
fringe area.
POLICY IV-22: RECOGNIZE THAT DEVELOPMENT IN ANY FLOOD FRINGE
CITY COUNCIL FINDINGS Page 17 PA 89-149
AREA IS NOT A GUARANTEED RIGHT, BUT DEPENDS UPON WHETHER THE
BENEFITS TO THE PUBLIC OUTWEIGH PROBLEMS WHICH WOULD BE
CAUSED BY DEVELOPMENT, ESPECIALLY PROBLEMS WHICH MAY OCCUR
UPSTREAM DURING FLOODING.
Findings: The cited policy is inapplicable. The project site is not within any flood
fringe area.
POLICY IV-23: NO NEW DEVELOPMENT (INCLUDING FILL) SHALL BE
ALLOWED IN FLOODWAYS.
Findings: The cited policy is inapplicable. The project site is not within a floodway.
POLICY IV-24: ANY FILL OF FLOOD FRINGE AREAS SHALL REQUIRE A
PERMIT AND ALL FILL SHALL BE ENGINEERED AND COMPACTED TO C1TY
STANDARDS. FILLS SHAI-I~ BE KEPT TO THE MINIMUM NECESSARY FOR
PROPERTY RIGHT ENJOYMENT.
Findings: The project does not contemplate the placement for fill dirt within the flood
fringe of any creek. To the extent there is any fill dirt, it will be hauled away and
deposited at a suitable dump site.
POLICY IV-25: APPLY SPECIAL RESTRICTIONS TO ALL AREAS OF
ASHLAND WHICH ARE IDENTIFIED AS BEING FLOOD-PRONE, INCLUDING
STREAMS NOT INCLUDED IN THE FEDERAL STUDY.
Findings: According to FIMA flood hazard maps, the project site does not occur within
a flood plain or floodway. More precise analysis by the city planning department
confn'ms this conclusion.
POLICY IV-26: ALL EXISTING NATURAL DRAINAGE WAYS DRAINING AN
AREA OF MORE THAT 100 ACRES SHALL BE I .EFT IN A NATURAL STATE OR
MODIFIED ONLY AFTER CITY APPROVAL.
Findings: No natural drainage ways occur within the project site.
GOAL: PRESERVE FOREST AREAS WITHIN THE CITY FOR THEm VISUAL,
ENVIRONMENTAL, WILDLIFE HABITAT, AND WATER QUALITY VALUES.
Findings: The cited policy is inapplicable. The subject property is not within a forest
area. The development site is in the downtown area.
POLICY IV-27: REQUIRE THAT COMMERCIAL LOGGING OF FOREST LANDS
WITHIN ASHLAND'S CITY LIM1TS BE SUBJECT TO A SPECIAL PERMIT.
Findings: The policy is inapplicable as the property is not forested.
POLICY IV-28: EMPHASIZE THE PRESERVATION OF FOREST VEGETATION
TO THE MAXIMUM EXTENT POSSIBLE AS FORESTED AREAS OF THE CITY
ARE CONVERTED TO URBAN USES.
CITY COUNCIL FINDINGS Page 18 PA 89-149
Findings: The cited policy is inapplicable as the property is not fortsted.
POLICY IV-29: USE LOW-DENSITY ZONING TO ENSURE THAT
DEVELOPMENT OF THE FORESTED HIIjLSIDES IS KEPT AT A LEVEL THAT
MAINTAINS THE FORESTED INTEGRITY OF THE AREAS.
Findings: The cited policy is inapplicable as the property is located in the downtown
area and not forested.
POLICY IV-30: DEVELOP EROSION CONTROL STANDARDS TO ENSURE
THAT DEVELOPMENT OF THESE FORESTED AREAS WILL NOT CAUSE
EROSION PROBLEMS.
Findings: The cited policy is inapplicable as the property is not forested.
GOAL: TO PRESERVE EXISTING WILDLIFE HABITATS AND NATURAL
AREAS WITHIN THE CITY WHEREVER POSSIBLE.
Findings: As discussed, the project site is already developed, and adverse impacts to
wildlife are not anticipated. The cited policy is inapplicable.
POLICY IV-31: ENCOURAGE EDUCATIONAL PROGRAMS DOCUMENTING
THE VALUE OF ASHLAND' S ENVIRONMENTAL RESOURCES AND CURRENT
TRENDS IN THEIR QUALITY.
Findings: The cited policy is inapplicable.
POLICY IV-32: AS A MEANS TO PROVIDE HABITAT, IMPLEMENT
PROGRAMS THAT WILL 1) ENSURE OPEN SPACE, 2) PROTECT SCENIC AND
NATURAL RESOURCES FOR FUTURE GENERATIONS, AND 3) PROMOTE A
HEALTHY AND VISUALLY ATTRACTIVE ENVIRONMENT IN HARMONY
WITH THE NATURAL LANDSCAPE.
Findings: The project site is currently developed and does not now provide wildlife
habitat Planned improvements will not diminish open space or adversely affect natural
resources. The City Council finds the project will be visually attractive with a design
harmonious with the natural environment within which it is situated in view of the uses
and man-made structures which currently exist in the immediate vicinity.
POLICY IV-33: CONTINUE TO STRENGTHEN THE SITE REVIEW PROCESS TO
ASSESS ACCURATELY THE ENVIRONMENTAL IMPACT AND ENSURE THAT
CHANGE IN LAND USE ACKNOWLEDGES LIMITATIONS AND
OPPORTUNITIES OF THE SITE AND HAVE AS LITTLE DETRIMENTAL
IMPACT AS POSSIBLE.
Findings: The nature of the cited policy is inapplicable. The policy is implemented
through the site review process, a requirement for project authorization.
POLICY IV-34: SOME AREAS IN THE CITY LIMITS ARE NOT URBANIZABLE.
THOSE AREAS, MOSTLY FLOOD-PRONE AREAS AND STEEP HILLSIDES IN
THE SOUTHWEST AREA OF THE CITY , SHOULD BE PROTECTED BY
CITY COUNCIL FINDINGS Page 19 PA 89-149
LOW-DENSITY ZONING
ZONING DESIGNATION
BETWEEN URBANIZED.
OPEN-SPACE ZONING. THIS LOW-DENSITY
WOULD ALSO PROVIDE SUITABLE BUFFERS
Findings: The property is zoned for commercial use consistent with the downtown
environment. As mentioned, the project site is already developed, not steeply sloped,
and not subject to flood hazards.
GOAL: PROTECT LIFE, PROPERTY AND ENVIRONMENTAL RESOURCES IN
ASHLAND'S URBAN/WILDLIFE INTERFACE AREA FROM THE
DEVASTATING EFFECTS OF WILDFIRE. LESSEN THE POSSIBILITY OF
WILDFIRE SPREADING TO THE ASHLAND WATERSHED FROM THE
URBAN/WILDLIFE INTERFACE AREA.
Findings: The project site is not a wildfire hazard area as identified on the city Physical
and Environmental Constraints map.
POLICY IV-35: REQUIRE INSTALLATION AND MAINTENANCE OF A 40- FT
FUEL BREAK AROUND EACH DWELLING UNIT OR STRUCTURE.
Findings: All vegetation surrounding the walls of the proposed project are of an
irrigated ornamental nature and do not represent fuel loading. Ashland has excluded
ornamental vegetation from the fuel break requirement in all previous land use actions
which impose the regulation.
POLICY IV-36: REQUIRE MULTI-DWELLING UNIT DEVELOPMENTS TO
INSTALL AND MAINTAIN A PERIMETER FUEL BREAK TO PREVENT FIRE
FROM ENTERING THE DEVELOPMENT, OR TO PREVENT A FIRE SPREADING
FROM THE DEVELOPMENT AND THREATENING THE ASHLAND
WATERSHED. (WIDTH OF THE BREAK IS DEPENDENT ON TOPOGRAPHY,
ASPECT, VEGETATION, TYPES AND STEEPNESS OF SLOPES.)
Findings: The project is not a multi-family dwelling. The cited policy is inapplicable.
POLICY IV-37: WHERE VEGETATION NEEDS TO BE MAINTAINED FOR
SLOPE STABILITY IN A FUEL BREAK AREA, REQUIRE PLANTINGS OF FIRE-
RESISTANT OR SLOW-BURNING PLANTS. ( SEE "WILDFIRE HAZARD
MANAGEMENT IN THE URBAN/WILDLAND INTERFACE IN SOUTHERN
OREGON," BY CLAUDE CURRAN - MAY, 1978.
Findings: As discussed, the slope of the project area and lack of fuel loading support a
conclusion that the policy is inapplicable.
POLICY IV-38: REQUIRE MORE THAN ONE INGRESS/EGRESS ROUTE OR
ROAD WIDTHS WIDE ENOUGH TO ACCOMMODATE INCOMING FIRE
APPARATUS AND EVACUATING RESIDENTS SIMULTANEOUSLY IN AN
EMERGENCY SITUATION.
Findings: The planned seating cover will not affect emergency vehicle access afforded
through the existing plaza off Pioneer Street.
CITY COUNCIL FINDINGS Page 20 PA 89-149
POLICY IV-39: REQUIRE ROOFS TO BE CONSTRUCTED OF FIRE- RESISTANT
MATERIALS. WOOD SHAKE OR SHINGIJE ROOFS WOULD NOT BE
ALLOWED.
Findings: The comprehensive plan indicates the policy is implemented through Chapter
18.62 ALUO, Physical & Environmental Constraints. The cited chapter deals with
lands having a high probability for wildfire. Wildfire hazard lands are located by the
Physical & Environmental Constraints map. The project site is not indicated on the map
as a wildfh'e hazard area.
POLICY IV-40: ENCOURAGE ROAD PLACEMENT TO FUNCTION AS FIRE
BREAKS IN URBAN/WILDLAND INTERFACE DEVELOPMENTS.
Findings: No roads are planned as a part of the project.
POLICY IV-41: REQUIRE CHIMNEYS OF WOOD-BURNING DEVICES TO BE
EQUIPPED WITH SPARK ARRESTER CAPS AND OR SCREENS.
Findings: The cited policy is inapplicable. Wood burning for space heating is not
proposed.
POLICY IV-42: INSTALL ALL NEW ELECTRICAL DISTRIBUTION CIRCUITS
IN THE URBAN/WILDLAND INTERFACE UNDERGROUND IF TECHNICALLY
FEASIBLE.
Findings: All utilities cun'ently exist at the project site and are underground. No new
above-ground service lines are proposed.
POLICY IV-43: THE CITY SHALL ENCOURAGE AND SUPPORT
EDUCATION/INFORMATION PROGRAMS DEALING WITH WILDFIRE
HAZARDS IN THE URBAN/WILDLAND INTERFACE. INFORMATION SHALL
BE MADE AVAILABLE THROUGH THE CITY BUILDING AND PLANNING
DEPARTMENTS TO DEVELOPERS AND BUILDERS WISHING TO BUILD IN
THE URBAN/WILDLAND INTERFACE.
Findings: The cited policy is inapplicable. The property is not within a wildfire hazard
area according to the Physical and Environmental Constraints Map, adopted as a part of
the comprehensive plan.
GOAL: MAKE CONTINUING PROGRESS TOWARD BETTER AIR QUAL1TY.
Findings: The cited goal is inapplicable. The project will not affect air quality as no
additional seating will be provided which might otherwise increase automobile travel.
POLICY IV-44: THE CITY OF ASHLAND SHAIJ- COOPERATE WITH THE
DEPARTMENT OF ENVIRONMENTAL QUALITY, JACKSON COUNTY, AND
ALL OTHER CONCERNED AGENCIES TO COORDINATE METHODS OF
REDUCING AIR POLLUTION IN THE VALLEY AND, WHERE APPROPRIATE,
ASSIST IN ENFORCEMENT OF POLLUTION LAWS.
Findings: The cited policy is inapplicable. City implementation of the policy occurs on
CITY COUNCIL FINDINGS Page 21 PA 89-149
a case-by-case basis. The review of subject applications are under the sole jurisdiction
of the City of Ashland.
POLICY IV-45: CAREFULLY EXAMINE ALL PROPOSALS FOR NEW MAJOR
DEVELOPMENT OR EXPANSION OF EXISTING HOUSING,
COMMERCIAL/INDUSTRIAL, AND PUBLIC FACILITIES LAND USES FOR
IMPACT (DIRECTLY OR INDIRECTLY) ON AIR POLLUTION. REQUIRE
MITIGATION TO THE EXTENT POSSIBLE, OR, IF MAJOR IMPACTS CANNOT
BE MITIGATED, REQUIRE PROJECT MODIFICATION.
Findings: The project will not add significant capacity to the existing performing arts
facility, nor will it influence transportation modes or travel patterns, or in other ways
affect air quality either positively or negatively.
POLICY IV-46: RECOGNIZE THE MAJOR CONTRIBUTION THAT UNPAVED
ROADS MAKE TO THE VALLEY'S AIR QUALITY PROBLEMS, AND MAKE
CONCERTED EFFORTS TO GET AS MANY AS POSSIBLE OF ASHLAND'S
UNPAVED ROADS PAVED TO REDUCE THIS PROBLEM.
Findings: The policy is inapplicable as no unpaved roads serve the project site or
surrounding area.
POLICY IV-47: ENSURE THAT THE C1TY OF ASHLAND ASSUMES A STRONG
AND CONTINUING ROLE IN THE JACKSON COUNTY AIR QUALITY
COMMITFEE.
Findings: The cited policy is inapplicable.
POLICY IV-48: ENSURE THAT ASHLAND PROVIDES STRONG LEADERSHIP
TO OTHER ROGUE VALLEY COMMUNITIES IN SOLVING THE VALLEY'S AIR
QUALITY PROBLEMS.
Findings: The cited policy is inapplicable.
POLICY IV-49: PROVIDE AND ENCOURAGE ALTERNATIVE FORMS OF
TRANSPORTATION WHEREVER FEASIBLE TO ALLOW PEOPLE TO USE
OTHER TRANSPORTATION MODES IN LIEU OF USING THE AUTOMOBILE.
Findings: The project site, located in Ashland's downtown, encourages pedestrian
access. Bus parking is provided on Pioneer Street between Main and Hargadine Streets.
POLICY IV-50: ENDORSE A MANDATORY INSPECTION/MAINTENANCE
PROGRAM TIED TO VEHICLE REGISTRATION IN JACKSON COUNTY TO
REDUCE THE CONTRIBUTION OF INDIVIDUAL AUTOMOBILES TO THE
COUNTY'S AIR QUALITY PROBLEMS.
Findings: The cited policy is inapplicable.
POLICY IV-51: INSIST UPON CONTINUED MOVEMENT TOWARD
ATTAINMENT OF AIR QUALITY COMPLIANCE STANDARDS SET BY THE
CITY COUNCIL FINDINGS Page 22 PA 89-149
STATE AND FEDERAL GOVERNMENTS, AND ENCOURAGE BETTER
STANDARDS TO BE ADOPTED WHERE FEASIBLE.
Findings: The cited policy is inapplicable.
POLICY IV-52: CONSIDER PROGRAMS OF VOLUNTARY OR MANDATORY
HOME WEATHERIZATION FOR HOMES WHICH UTILrZE WOOD-BURNING
STOVES.
Findings: The policy is inapplicable. The City Council concludes that findings are not
required as the project is not residential in nature.
POLICY IV-53: DEVELOP PROGRAMS WHICH UTILIZE SOLAR SPACE
HEATING IN NEW AND EXISTING HOMES TO REDUCE THE NEED FOR
WOOD BURNING AS A PRIMARY EATING SOURCE.
Findings: The policy is inapplicable. The City Council concludes that findings are not
required as the project is not residential in nature.
POLICY IV-54: STRICTLY ENFORCE THE CITY'S OPEN BURNING
REGULATIONS.
Findings: The project does not contemplate open burning during or after construction.
Construction waste will be hauled away, not burned on site.
GOAL: MAKE CONTINUING REDUCTIONS IN NOISE LEVELS IN ASHLAND.
Findings: A primary objective of the project is to reduce the level of noise produced by
performances which may affect nearby property owners. The planned structure will
enclose the seating area and provide a "line of sight" barrier between the noise source, in
this case the primary stage area, and the nearest noise sensitive properties located south
and southeast of the project site. The project will provide for a significant reduction in
noise levels consistent with the cited goal. This finding is supported by Applicant's
Exhibit 'P-9.'
POLICY IV-55: DISCOURAGE RESIDENTIAL DEVELOPMENT ADJACENT TO
OBJECTIONABLE FIXED NOISE SOURCES, SUCH AS INDUSTRIAL AREAS,
RAILROAD TRACKS OR INTERSTATE 5. WHERE THIS DEVELOPMENT
OCCURS, USE STRONG MITIGATING MEASURES DURING THE SITE REVIEW
OR OTHER DEVELOPMENT REVIEW PROCESS TO MITIGATE THE NOISE
IMPACTS AS MUCH AS POSSIBLE.
Findings: The policy is inapplicable as the project is not residential in nature.
During the public hearings opponents asserted the cited policy is applicable but not
addressed. The City Council finds and asserts the policy is not applicable as the subject
use is not "residential" in nature.
POLICY IV-56: ENCOURAGE MAJOR NEW ARTERIALS TO BE DESIGNED TO
MINIMIZE NOISE FROM THE ROAD TO RESIDENTIAL AREAS BY UTILIZING
A COMBINATION OF RIGHT-OF-WAY DISTANCE, SUNKEN HIGHWAY,
CITY COUNCIL FINDINGS Page 23 PA 89-149
VEGETATION AND BERMING.
Findings: As the project does not contemplate a need for new arterial streets, the policy
is found to be inapplicable.
POLICY IV-57: PLACE INCREASING EMPHASIS ON BICYCLE ROUTES, MASS
TRANSIT, ALTERNATIVE FORMS OF TRANSPORT IN THE DOWNTOWN
AREA AND OTHER ACTIONS TO REDUCE VEHICULAR TRAFFIC.
Findings: The cited policy is inapplicable.
POLICY IV-58: CAREFULLY EXAMINE ALL PROPOSALS FOR NEW MAJOR
DEVELOPMENT OR EXPANSION OF EXISTING HOUSING,
COMMERCIAL/INDUSTRIAL, OR PUBLIC FACILITIES FOR IMPACT
(DIRECTLY OR INDIRECTLY) ON NOISE POLLUTION. REQUIRE
MITIGATION TO THE EXTENT POSSIBLE, OR, IF MAJOR IMPACTS CANNOT
BE MITIGATED, REQUIRE PROJECT MODIFICATIONS.
Findings: As discussed, noise mitigation is a primary objective of the project. The
planned "line of sight" barrier represented by the seating cover can be expected to
produce a 5-10 dBA reduction, (Reference: Noise Control Engineering Journal:
September-October 1982; p. 47). Reference Exhibit 'P-7'. Also refer to Exhibit 'P-9.'
Sound level monitoring by the Ashland Police Department in the vicinity of the project
site near the intersection of Pioneer and Hargadine Streets, adjacent to the closest
noise-sensitive property during summer 1989 found ambient levels of 43 dBA. The
ambient level was recorded on a Monday evening. No theatre performance was
occurring during the ambient monitoring. Sound level monitoring a few days later by
the police department on a Friday evening during a theatre performance recorded a
sound level reading of 51 dBA. Section 9.08.170 of the Ashland Municipal Code
establishes noise standards of 45 dBA for L50, (noise level 50% of the time). The
planned seating cover will provide attenuation sufficient to mitigate noise to within the
standards of the ordinance. The primary conclusion and real point here is that the
planned seating cover will mitigate noise over legal preexisting levels in conformance
with the cited policy. A condition of approval requiring applicant to meet city noise
standards ensures compliance with the cited policy.
During the public hearings opponents argued that ap. plicant's conclusions regarding
noise mitigation were extrapolations of engineenng related to interior sound
requirements, not exterior mitigation, and that the lack of a working model to
demonstrate noise mitigation precludes applicant's conclusions. The City Council finds
and concludes, based on the testimony of acoustics/noise expert Lawrence Kirkegaard in
Applicant's Exhibit 'P-9', and information contained in Applicant's Exhibit 'P-7' that
sufficient evidence exists to find for compliance with the cited policy.
POLICY IV-59: REQUIRE NEW DEVELOPMENTS WITHIN PROXIMITY TO
THE ASHLAND AIRPORT TO GRANT NOISE EASEMENTS TO THAT FUTURE
RESIDENTS OF THESE DEVELOPMENTS ARE MADE AWARE OF FUTURE
NOISE POTENTIALS ASSOCIATED WITH THE AIRPORT.
Findings: The policy is inapplicable. The project site is not located in close proximity
to the airport.
CITY COUNCIL FINDINGS Page 24 PA 89-149
POLICY IV-60: ENSURE THAT THE UPDATE OF THE AIRPORT MASTER
PLAN ADEQUATELY ADDRESSES FUTURE NOISE PROBLEMS ASSOCIATED
WITH THE AIRPORT.
Findings: The policy is inapplicable. The project site is not near the airport.
POLICY IV-61: ENSURE THAT DEVELOPMENT THAT OCCURS WITHIN THE
CITY ADJACENT TO THE AIRPORT IS COMPATIBLE WITH NOISE
ASSOCIATED WITH THE AIRPORT.
Findings: The policy is inapplicable. The project site is not near the airport.
POLICY IV-62: ESTABLISH A DECIBLE NOISE STANDARD TO ASSIST IN
NOISE POLLUTION ABATEMENT IN THE CITY.
Findings: The policy is implemented by Section 9.08.170 of the Ashland Municipal
Code. The cited standard is inapplicable to the subject preexisting use.
CHAPTER V- POPULATION PROJECTIONS AND GROWTH
GOAL: TO PROVIDE FOR THE NEEDS OF THE EXPECTED POPULATION
GROWTH IN ASHLAND OVER THE NEXT 20 YEARS CONSISTENT WITH
OTHER PLAN GOALS.
Findings: The cited policy is inapplicable. However, improvement of the Shakespeare
facility will serve to enhance the delivery of private social/recreational pursuits for the
growing community.
POLICY V-l: MONITOR THE SIZE AND RATE OF GROWTH OF ASHLAND SO
THAT ANY MAJOR CHANGES IN THE CITY'S GROWTH RATE CAN BE
EVALUATED AND CORRECTIVE ACTION, IF NECESSARY, CAN BE TAKEN.
Findings: The cited policy is inapplicable. While the city has and will monitor
community growth, the project will not serve to directly increase population size.
POLICY V-2: DIRECT GROWTH TOWARD AREAS WHERE AESTHETIC AND
SERVICE COST IMPACTS CAN BE MINIMIZED.
Findings: The cited policy is inapplicable. The project represents an improvement to an
existing developed area and is not "growth" in the ordinary sense as no population
increase will result from the project. All public facilities and services are currently
supplied to the existing theatre use. No new public facility extensions to currently
unserviced areas are needed to support project development.
POLICY V-3: PROVIDE SERVICES AS NEEDED UNLESS THERE IS A SEVERE
RESOURCE CONSTRAINT. SHOULD A LIMITATION OCCUR, EXPLORE AND
IMPLEMENT ALTERNATIVES. LIM/T OR STOP GROWTH ONLY IF
SOLUTIONS ARE NOT AVAILABLE.
Findings: The cited policy is inapplicable. No service limitations are anticipated to
CITY COUNCIL FINDINGS Page 25 PA 89-149
result from the project because no significant capacity is added to the existing facility.
CHAPTER VI - 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.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-I: GIVEN THE SCARCITY AND COST OF LAND AS A LIMITED
RESOURCE, CONSERVE LAND AND REDUCE THE IMPACT OF LAND PRICES
ON HOUSING TO THE MAXIMUM EXTENT POSSIBLE, USING THE
FOLLOWING TECHNIQUES:
A) USE THE ABSOLUTE MINIMUM STREET WIDTHS THAT WIIJ.
ACCOMMODATE TRAFFIC ADEQUATELY IN ORDER TO REDUCE
AESTHETIC IMPACTS AND LOT COVERAGE BY IMPERVIOUS
SURFACES
B) ALLOW A WIDE VARIATION IN SITE-BUILT HOUSING TYPES
THROUGH THE USE OF THE CITY'S PERFORMANCE STANDARDS
ORDINANCE. THE USE OF ATTACHED HOUSING, SMALL LOTS AND
COMMON OPEN SPACES SHALL BE USED WHERE POSSIBLE TO
DEVELOP MORE MODERATE COST HOUSING AND STILL RETAIN THE
QUALITY OF LIFE CONSISTENT WITH ASHLAND'S CHARACTER.
C) CONSISTENT WITH POLICIES RELATING TO GROWTH FORM, CITY
POLICY SHOULD ENCOURAGE DEVELOPMENT OF VACANT
AVAILABLE LOTS WITHIN THE URBAN AREA, WHtI~E PROVIDING
SUFFICIENT NEW LAND TO AVOID AN UNDUE INCREASE IN LAND
PRICES. THIS SHALL BE ACCOMPLISHED WITH SPECIFIC
ANNEXATION POLICIES.
D) ZONE LANDS IN THE SINGLE-FAMILY DESIGNATION CONSISTENT
WITH THE SURROUNDING NEIGHBORHOOD IF THE AREA IS MOSTLY
DEVELOPED. GENERALLY, LANDS SOUTH OF SISKIYOU
BOULEVARD-NORTH MAIN SHOULD BE R-1-7.5 AND R-1-10, AND
LANDS SOUTH OF THE BOULEVARD SHOULD BE R- 1-5.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-2: USING THE FOLLOWING TECHNIQUES, PROTECT EXISTING
NEIGHBORHOODS FROM INCOMPATIBLE DEVELOPMENT AND
ENCOURAGE UPGRADING:
A) DO NOT ALLOW DETERIORATION OF RESIDENTIAL AREAS BY
INCOMPATIBLE USES AND DEVELOPMENTS. WHERE SUCH USES ARE
PLANNED FOR, CLEAR FINDINGS OF INTENT SHALL BE MADE IN
ADVANCE OF THE AREA DESIGNATION. SUCH FINDINGS SHALL GIVE
CITY COUNCIL FINDINGS Page 26 PA 89-149
A CLEAR RATIONALE, EXPLAINING THE RELATIONSHIP OF THE AREA
TO HOUSING NEEDS, TRANSPORTATION, OPEN SPACE, AND ANY
OTHER PERTINENT PLAN TOPICS. MIXED USES OFTEN CREATE A
MORE INTERESTING AND EXCITING URBAN ENVIRONMENT AND
SHOULD BE CONSIDERED AS A DEVELOPMENT OPTION WHEREVER
THEY WILL NOT DISRUPT AN EXISTING RESIDENTIAL AREA.
B) PREVENT INCONSISTENT AND DISRUPTIVE DESIGNS IN
RESIDENTIAL AREAS THROUGH USE OF A LIMITED DESIGN REVIEW
CONCEPT, IN ADDITION TO USING HISTORIC COMMISSION REVIEW
AS PART OF THE SITE REVIEW, CONDITIONAL USE PERMIT, OR
VARIANCE APPROVAL PROCESS.
C) DEVELOP PROGRAMS AND EFFORTS FOR REHABILITATION AND
PRESERVATION OF EXISTING NEIGHBORHOODS, AND PREVENT
DEVELOPMENT WHICH IS INCOMPATIBLE AND DESTRUCTIVE.
Findings: Based on findings pertaining to CUP standards regarding building harmony,
the City Council finds the project will be neither incompatible or destructive to the
existing neighborhood within which the theatre is located. In making the finding it is
important to note that theatre is located on the periphery of three zoning districts: C-i-D,
R-2, and R-1-7.5. The theatre is within but on the fringe of the C-I-D district. The
nearest residential property is situated approximately 160 feet south of the planned
seating cover, and at an elevation approximately 20-25 feet higher. The uses axe
separated and screened by existing and planned landscaping. While nearby residential
architecture is different, the difference emanates from the different uses it serves and the
different zones in which the uses are located. The mere fact that the architecture is
different does not necessarily mean it is incompatible and destructive. The City Council
finds the planned project will be neither.
POLICY VI-3: REGULATION OF RESIDENTIAL USES SHALL BE DESIGNED
TO COMPLEMENT, CONSERVE AND CONTINUE THE AESTHETIC
CHARACTER OF ASHLAND THROUGH USE OF THE FOLLOWING
TECHNIQUES:
A) SLOPE PROTECTION AND LOT COVERAGE PERFORMANCE
STANDARDS SHALL BE USED TO FIT DEVELOPMENT TO
TOPOGRAPHY, GENERALLY FOLLOWING THE CONCEPT THAT
DENSITY SHOULD DECREASE WITH AN INCREASE IN SLOPE TO
AVOID EXCESSIVE EROSION AND I--III.I~SIDE CUTS. THIS OBJECTIVE
SHALL BE USED CONSISTENT WITH THE DESIRE TO PRESERVE LAND
BY USING THE SMALLEST LOT COVERAGE POSSIBLE.
B) SITE AND DESIGN REVIEW SHALL BE USED TO ENSURE
COMPATIBLE MULTIPLE-FAMILY STRUCTURES. DENSITY
INCENTIVES SHAt~I- BE USED TO ENCOURAGE INNOVATIVE,
NON-STANDARDIZED DESIGN IN SINGLE FAMII~Y AREAS.
C) PERFORMANCE STANDARDS SHALL BE USED TO REGULATE NEW
DEVELOPMENT IN ASHLAND SO THAT A VARIETY OF HOUSING
TYPES BUILT FOR THE SITE AND IMAGINATIVE RESIDENTIAL
ENVIRONMENTS MAY BE USED TO REDUCE COST AND IMPROVE THE
CITY COUNCIL FINDINGS Page 27 PA 89-149
AESTHETIC CHARACTER OF NEW DEVELOPMENTS AND DECREASE
THE USE OF TRADITIONAL ZONING AND SUBDIVISION STANDARDS.
D) STREET DESIGN AND CONSTRUCTION STANDARDS SHALL
PROMOTE ENERGY EFFICIENCY, AIR QUALITY, AND MINIMAL USE
OF LAND. TO THIS END, THE CITY SHALL:
1) ADOPT A MASTER CONCEPTUAL PLAN OF FUTURE STREETS BY
SIZE AND USE CATEGORY.
2) ADOPT MINIMUM STREET WIDTH STANDARDS WHICH PROVIDE
ONLY WHAT IS NEEDED FOR ADEQUATE TRAFFIC FLOW AND
PARKING.
3) INCORPORATE BICYCLE AND PEDESTRIAN TRAFFIC PLANNING IN
STREET DESIGN.
4) LIMIT STREET SLOPES, REQUIRING CURVILINEAR STREETS
ALONG CONTOURS IN STEEPER AREAS.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-4: CREATE AND MAINTAIN ADMINISTRATIVE SYSTEMS THAT
WILL ASSIST IN ALL PHASES OF HOUSING AND NEIGHBORHOOD
PLANNING THROUGH USE OF THE FOLLOWING TECHNIQUES:
A) ESTABLISH AND MAINTAIN A DATA BASE SYSTEM WHICH
INCLUDES MEASUREMENT OF: VACANT LAND AND LAND
CONSUMPTION; HOUSING CONDITIONS; LAND USE, LAND VALUES,
AND ANY OTHER PERTINENT INFORMATION.
B) SIMPLIFY AND STRENGTHEN THE PROCESSING APPROVAL
MECHANISM SO THAT THE INTENT OF STATE AND LOCAL LAWS IS
FULFILLED WITH THE GREATEST POSSIBLE THOROUGHNESS AND
EFFICIENCY.
C) COOPERATE FULLY WITH THE JACKSON COUNTY HOUSING
AUTHORITY IN LOCATING LOW-INCOME UNITS IN ASHLAND WHEN
THIS CAN BE DONE IN LOW-IMPACT, RELATIVELY SMAI L
DEVELOPMENTS, OR THROUGH FUNDING OF INDIVIDUAL
HOMEOWNER LOANS OR RENTAL ASSISTANCE.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-5: THE RESIDENTIAL SECTOR IS THE MAJOR USER OF ENERGY
IN ASHLAND. CONSISTENT WITH OTHER HOUSING GOALS, THE CITY
SHALL STRIVE TO PROMOTE, ENCOURAGE OR REQUIRE
ENERGY-EFFICIENT DESIGN IN ALL NEW RESIDENTIAL DEVELOPMENTS.
Findings: The project does not influence or affect the delivery of housing.
CITY COUNCIL FINDINGS Page 28 PA 89-149
CHAPTER VII - ECONOMY
GOAL: TO ENSURE THAT THE LOCAL ECONOMY GROWS AND
DIVERSIFIES IN THE NUMBER, TYPE AND SIZE OF BUSINESSES AND
INDUSTRIES CONSISTENT WITH THE LOCAL SOCIAL NEEDS, PUBLIC
SERVICE CAPABILITIES, AND THE RETENTION OF A HIGH QUALITY
ENVIRONMENT.
Findings: The economic impact of the Shakespeare festival is estimated annually by
applicant. The 1989 economic impact is estimated at $59.9 million. Refer to
Applicant's Exhibits 'P-5' and 'P-11.' The proposed theatre improvements are essential
to preserve and extend the current high levels of positive economic impact into the
future.
POLICY VII-I: 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 A PORTION OF RURAL RESIDENTS CONSISTENT WITH
THE POPULATION PROJECTION FOR THE URBAN AREA.
Findings: In recognition of the policy, the city has zoned the subject property
Downtown Commercial (C-1-D) consistent with the comprehensive plan map.
POLICY VH-2: THE CITY SHALL AMEND THE LAND USE ORDINANCE TO
PROVIDE FOR:
A) PLANNED INDUSTRIAL DEVELOPMENTS WITHIN INDUSTRIAL
DISTRICTS AND CREATE AN EMPLOYMENT ZONING DISTRICT WHICH
WIIJ. PROVIDE FOR LIMITED SERVICE, RETAIL COMMERCIAL AND
LIGHT INDUSTRIAL USES CONSISTENT WITH SPECIFIC
PERFORMANCE STANDARDS RELATIVE TO HEAVY TRUCK TRAFFIC,
NOISE, DUST, VIBRATION, AND NON-WORK-RELATED,
SINGLE-PASSENGER VEHICLE TRIPS.
B) CONTROLLED ACCESS ALONG HIGHWAY 66 TO ENSURE FOR
COMMON ACCESS TO BUSINESSES DEVELOPING OR UNDERGOING
DEVELOPMENT IN THIS AREA.
C) SPECIFIC DEVELOPMENT GUIDELINES WHICH WILL ENSURE
THAT:
1 ) NEW DEVELOPMENT OR REDEVELOPMENT IN THE HISTORIC
DISTRICT WILL BE COMPATIBLE WITH THE CHARACTER OF THE
DISTRICT.
2) DEVELOPMENT ALONG SISKIYOU BOULEVARD AND
HIGHWAY 66 WILL NOT BECOME AUTOMOBILE-ORIENTED, BUT
WILL BE WELL LANDSCAPED, PEDESTRIAN-ORIENTED, AND AN
ATTRACTIVE ENTRANCE TO THE CITY.
3) CONTAIN STRONG SIGN REGULATIONS WHICH ENSURE THAT
CITY COUNCIL FINDINGS Page 29 PA 89-149
THE NUMBER, SIZE AND PLACEMENT OF SIGNS ARE THE
MINIMUM REQUIRED FOR RECOGNITION BY THE PUBLIC OF
THE BUSINESS AT THE SITE.
Findings: The cited policy is inapplicable. The city has implemented the policy through
select revisions to the implementing ordinances relating to the Employment Zone (E-1),
site review, formation of the Historic Commission, and regulations governing
commercial signs.
POLICY VII-3: THE CITY SHAt~t, DEVEIJOP AND IMPLEMENT AN
ECONOMIC DEVELOPMENT PROGRAM WHICH WILL ATrEMPT TO
INCREASE THE NUMBER, VARIETY AND SIZE OF LIGHT INDUSTRIAL
ACTIVITY EMPLOYERS WITHIN THE URBAN AREA WITH PARTICULAR
EMPHASIS ON EMPLOYERS OF FEWER THAN 200 EMPLOYEES.
Findings: The project is not of a light industrial nature and does not occur on land either
planned or zoned for light industrial use. The cited policy is inapplicable.
POLICY VII-4: THE CITY SHALL TAKE SUCH ACTIONS AS ARE NECESSARY
TO ENSURE THAT ECONOMIC DEVELOPMENT CAN OCCUR IN A TIMELY
AND EFFICIENT MANNER. SUCH ACTIONS SHALL BE LIMITED TO THE
FOLLOWING:
A) USE OF THE LOCAL IMPROVEMENT DISTRICT PROCESS TO
RECONSTRUCT OR INSTALL PUBLIC FACILITIES TO COMMERCIAL
AND INDUSTRIAL ZONED OR PLANNED LANDS.
B) UTILIZATION OF AVAILABLE GRANTS AND LOANS TO FINANCE
THE EXTENSION OF PUBLIC FACILITIES TO LANDS ZONED OR
PLANNED FOR COMMERCIAL OR INDUSTRIAL USE.
C) INCLUSION WITHIN THE CAPITAL IMPROVEMENTS PROGRAMS
FACILITIES IMPROVEMENTS WHICH WILL HELP ACHIEVE
LONG-RANGE DEVELOPMENT GOALS AND POLICIES NOT RELATED
TO A SPECIFIC PROPERTY.
Findings: Ashland has undertaken improvement of the downtown area. Planned
improvements related to parking in particular will enhance the Oregon Shakespeare
Festival, and other downtown businesses, uses, and activities.
POLICY VII-5: THE CITY SHALL UNDERTAKE AN UPDATE OF THE LABOR
FORCE ANALYSIS AT LEAST AT EVERY MAJOR COMPREHENSIVE PLAN
REVISION.
Findings: Ashland has recently undertaken an update of the comprehensive plan as pan
of the periodic review process. Labor force analysis will be a pan of the economic
element update. The policy is not specifically applicable to the subject applications.
POLICY VII-6: THE CITY SHALL ENCOURAGE AND ACTIVELY SUPPORT
ECONOMIC DEVELOPMENT PROJECTS WHICH CAN SATISFY OTHER
POLICIES OF THIS ELEMENT AS WELL AS ENSURE THAT THE AIR QUALITY
CITY COUNCIL FINDINGS Page 30 PA 89-149
IN THE IMMEDIATE VICINITY OF THE CITY IS MAINTAINED. THOSE
ACTIVITIES WHICH WOULD RESULT IN A SIGNFICANT DETERIORATION
OF THE LOCAL AIR QUALITY SHALL BE PROHIBITED.
Findings: As earlier discussed, the Shakespeare festival is a significant component of
the overall economic base of Ashland. As also discussed, the project will not result in
the provision of additional significant seating capacity for the Elizabethan Theatre. For
these reasons it is concluded that additional vehicle traffic will not result from the
planned improvements, and no other source of air contaminant discharges related to the
project are anticipated.
During the public hearings opponents argued that the city should seize the CUP process
as an opportunity to alter air pollution levels created by automobiles and idling busses
through restrictions on the number of performances. The City Council finds and
concludes that busses in the area serve uses in the downtown other than the subject use.
The city is curren~y in the process of examining altematives to existing bus parking as a
larger air quality matter apart from the subject land use applications. The City Council
further finds that absent a significant increase in facility operations that bus and
automobile parking conditions will not worsen over prevailing levels. The City Council
further finds that programs aimed at providing additional downtown parking which are
contained in the Ashland Downtown Plan, is the proper method to deal with downtown
parking and congestion problems.
POLICY VII-7: THE CITY SHALL NOT ENCOURAGE ECONOMIC GROWTH
BUT RATHER ECONOMIC DEVELOPMENT OF THE LOCAL RESOURCES.
THE CITY'S POLICY IS THAT ECONOMIC DEVELOPMENT SHALL ALWAYS
HAVE AS ITS PRIMARY PURPOSE THE BETTER UTILIZATION OF LOCAL
RESOURCES, BOTH HUMAN AND NATURAL. ECONOMIC DEVELOPMENT
ACTIVITIES WHICH WILL CAUSE GROWTH BEYOND THE LONG-TERM
RATE ESTABLISHED IN THIS PLAN SHALL BE DISCOURAGED.
Findings: The project can be characterized by the city as an economic development
effort utilizing human resources. The project should not, in itself, result in population
increase. In other words, it is unlikely the city will grow simply by the provision of a
more efficient, functional, and comfortable theatre facility.
CHAPTER VIII - AESTHETIC RESOURCES
GOAL: PROVIDE THE PEOPLE OF ASHLAND WITH A VARIETY, QUANTITY
AND QUALITY OF PARKS AND PARK FACILITIES SUFFICIENT TO MEET
THEIR NEEDS.
Findings: The language of the goal suggests its implementation by the city. However, it
is acknowledged that park and recreational opportunities are not provided exclusively by
the public sector. In this case, the subject facility is located within Lithia Park and will
provide for enhanced theatre operation.
POLICY VHI-I: DEVELOP A PARKLAND ACQUISITION AND DEVELOPMENT
PLAN IN ACCORDANCE WITH COMMUNITY GROWTH AND PROJECTED
PARK DEMAND. ENCOURAGE ACQUISITION WELL IN ADVANCE OF
ACTUAL NEEDS.
CITY COUNCIL FINDINGS Page 31 PA 89-149
Findings: The cited policy is inapplicable as the city owns and leases to applicant the
land upon which the planned improvements are located.
POLICY VIII-2: ASSIST IN THE DEVELOPMENT OF THE BEAR CREEK
GREENWAY, INCLUDING THE ASHLAND CREEK PORTION OF THE CITY
SYSTEM.
Findings: The cited policy is inapplicable. The site is far removed from the Bear Creek
Greenway.
POLICY VIII-3: ENCOURAGE THE EXPANSION OF AREAS FOR ACTIVE
RECREATION, SUCH AS HUNTER PARK.
Findings: The policy is inapplicable. The theatre facility can not be characterized as an
active recreational facility.
POLICY VIII-4: ENCOURAGE SCHOOL PARK DEVELOPMENTS.
Findings: The cited policy is inapplicable. The site is not near any existing or planned
public or private schools.
POLICY VIII-5: ENCOURAGE THE CREATION OF POCKET PARKS AND
SPECIAL AREAS, ESPECIALLY IN AREAS OF INTENSE URBAN
DEVELOPMENT.
Findings: The theatre facility serves as an anchor for Lithia park and can be fairly
characterized as a "special area" consistent with the policy. The special area already
exists in the form of the existing facility, and will be strengthened by the planned
improvements. Use of the project site as a performing arts space predates Lithia Park.
POLICY VIII-6: COORDINATE PARKLAND ACQUISITION AND DESIGN WITH
OTHER AGENCIES INVOLVED WITH PARK USAGE. AGENCIES SHOULD
INCLUDE JACKSON COUNTY AND THE PUBLIC SCHOOL SYSTEM.
Findings: To the extent the subject project suggests a need for coordination with other
agencies, applicant has stated their support for the effort. In this case, the City of
Ashland has sole design review jurisdiction. The policy deals with the acquisition of
open space for parks adjacent public schools and county lands. The subject site is
adjacent neither.
POLICY VIII-7: RECOGNIZE THE NEED TO PROVIDE ADEQUATE FUNDING
TO COPE WITH INCREASING PRESSURE ON ASHLAND'S PARKS,
ESPECIALLY LITHIA PARK, DUE TO POPULATION GROWTH AND
INCREASED TOURISM.
Findings: The cited policy is inapplicable. Funding for the planned improvements will
not include city funds.
POLICY VIII-8: ENCOURAGE THE DEVELOPMENT OF PRIVATE COMMON
OPEN SPACE IN AREAS IN NEW RESIDENTIAL DEVELOPMENTS TO OFFSET
THE DEMAND FOR ADDITIONAL PUBLIC PARKS.
CITY COUNCIL FINDINGS Page 32 PA 89-149
Findings: The policy is inapplicable as the project is not residential in nature.
POLICY V!ll-9: MAKE EFFORTS TO ACQUIRE THE COUNTY-OWNED
PROPERTY LOCATED SOUTH OF EAST MAIN STREET BETWEEN LINCOLN
AND CALIFORNIA STREETS, AND A SITE OF FOUR OR MORE ACRES IN THE
STRAWBERRY LANE AREA, AND DEVELOP THIS LAND FOR PARK USE.
Findings: The policy is inapplicable as none of the land cited in the policy is located
near or adjacent to the project site.
POLICY VIII-10: CONTINUE TO ACQUIRE FUTURE PARKLANDS UNTIL
ASHLAND HAS ENOUGH LAND TO EQUAL DESIRED NATIONAL PARK
STANDARDS OF TEN ACRES/1000 POPULATION, OR A GOAL OF 210 ACRES
BY THE YEAR 2000.
Findings: City ownership of the property makes the cited policy inapplicable.
POLICY VIII-11: EFFORTS SHOULD BE MADE TO ACQUIRE A FIII.LTOP
PARK WHICH HAS A PANORAMIC VIEWS OF THE VALLEY, SO THE PUBLIC
MAY ENJOY THIS VISTA.
Findings: The property is not located on a hilltop, has already been developed, and is
owned by the city. The cited policy is inapplicable.
GOAL: TO PRESERVE HISTORICALLY SIGNIFICANT STRUCTURES AND
SITES IN ASHLAND.
Findings: A component of the project is to preserve and enhance the theatre site
consistent with historical usage and structural improvements. The Historical
Commission approved the project on September 6, 1989. Refer to Exhibit 'P-6.'
Among other elements, the historic Chautauqua wall is being preserved. Exhibits 'P-2',
'P-6', 'P-12', 'P-13', 'M-8' and 'M-9' are submitted in support of compliance with the
goal and all relevant historic preservation policies.
During the public hearings opponents argued that the seating cover would block the
theatre, a future historic structure. The City Council finds and concludes that the city is
under no obligation to make any special efforts under the cited goal to preserve or
protect structures which are not now deemed historically significant. It is a matter of
conjecture whether any contemporary building will later be deemed a "historically
significant structure." Exhibit 'M-9' supports the City Council finding that the
Chautauqua Wall is the only historical element on the site. In any event, public access
within the theatre itself ensures future public visibility of the entire theatre in the event
it's component elements are deemed "historic."
POLICY VHI-12: RECOGNIZE THAT THE PRESERVATION OF HISTORIC
SITES AND BUILDINGS PROVIDES NOT ONLY AESTHETIC ADVANTAGES,
BUT ALSO ECONOMIC AND ENERGY CONSERVATION ADVANTAGES AS
WELL.
Findings: Refer to findings for the above cited historic preservation goal.
CITY COUNCIL FINDINGS Page 33 PA 89-149
POLICY VHI-13: THE HISTORIC COMMISSION SHALL MAKE
RECOMMENDATIONS TO THE CITY COUNCIL AND PLANNING
COMMISSION ON THE ALTERATION OR DISPOSITION OF STRUCTURES,
SITES, OR NEIGHBORHOODS WITHIN THE AREAS OF HISTORIC INTEREST
WITHIN THE CITY.
Findings: As earlier discussed, the Historic Commission reviewed and approved the
project on September 6, 1989 and again on March 7, 1990. The minutes of the meetings
are attached as Exhibits 'P-6' and 'M-8.'
POLICY VIII-14: THE HISTORIC COMMISSION SHALL REVIEW ALL
BUILDING, SIGN AND DEMOLITION PERMITS USING PROCEDURES
ESTABLISHED BY LAW WITHIN AREAS OF HISTORIC PRESERVATION, AND
MAKE THIS INFORMATION AVAILABLE TO THE PERMIT APPLICANT.
Findings: Historic Commission review of the project on September 6, 1989 and March
7, 1990 were consistent with adopted procedures.
POLICY VHI-15: THE HISTORIC COMMISSION SHALL ENCOURAGE AND
PROMOTE EDUCATIONAL PROGRAMS TO EDUCATE THE PUBLIC ABOUT
THE VARIOUS VALUES OF HISTORIC PRESERVATION.
Findings: Findings are not required. Informational matedais on matters of historic
concern are available through the Planning Department.
POLICY VHI-16: THE HISTORIC COMMISSION SHALL ENCOURAGE THE
VOLUNTARY PRESERVATION OF HISTORIC SITES AND STRUCTURES BY
EDUCATING THE PUBLIC AS TO THE VALUES OF PRESERVATION.
Findings: The Historic Commission has provided encouragement in the planned
improvements as evidenced by Exhibit 'P-6' and 'M- 8.'
POLICY VllI-17: THE HISTORIC COMMISSION SHALL SEEK OFFICIAL
DESIGNATION BY NATIONAL, STATE AND LOCAL ORGANIZATIONS OF
IMPORTANT HISTORIC BUILDINGS AND DISTRICTS AND TO HELP THE
PLANNING STAFF AND PLANNING COMMISSION TO EXERCISE EXISTING
CONTROLS ON THE EXTERNAL APPEARANCE AND DISPOSITION OF SUCH
BUILDINGS AND DISTRICTS.
Findings: The cited policy is inapplicable. The designation of historic sites is not a part
of the conditional use permit process or site review.
POLICY VIII-18: THE HISTORIC COMMISSION SHALL STRIVE TO
ACCOMPLISH THE PREPARATION OF BACKGROUND INFORMATION ON
HISTORIC SITES, STRUCTURES AND AREAS, INCLUDING SUCH
INFORMATION AS PHOTOGRAPHS, DOCUMENTATION, HISTORY AND
MAPS.
Findings: The cited policy is inapplicable. The policy establishes general objectives for
the Historic Commission not relevant to specific development projects.
CITY COUNCIL FINDINGS Page 34 PA 89-149
POLICY VHI-19: USE THE HISTORIC COMMISSION TO HELP THE PLANNING
COMMISSION DEVELOP DESIGN GUIDELINES FOR NEW DEVELOPMENTS
AND ALTERATION OF OLDER STRUCTURES AND SITES WITHIN THE
HISTORIC AREAS OF ASHLAND.
Findings: The cited policy is inapplicable.
POLICY VHI-20: ENCOURAGE ECONOMICALLY VIABLE ADAPTIVE USES
OF HISTORIC STRUCTURES WHICH WILL PERMIT THEIR CONTINUED
EXISTENCE.
Findings: The policy supports the project.
GOAL: PROVIDE FOR THE DEVELOPMENT, COORDINATION, AND
EFFECTIVE UTILIZATION OF SOCIAL SERVICES, ESPECIALLY FOR
CHILDREN, ADOLESCENTS AND SENIORS.
Findings: The policy is inapplicable.
POLICY VHI-21: ACTIVELY ENCOURAGE THAT SOCIAL SERVICES BE
IMPROVED, COORDINATED, FUNDED AND WELL PUBLICIZED.
Findings: The policy is inapplicable.
POLICY VIII-22: ENCOURAGE A PREVENTIVE APPROACH TO SOCIAL
SERVICE NEEDS.
Findings: The policy is inapplicable.
POLICY VIII-23: ENCOURAGE THAT SOCIAL SERVICES BE CONSOLIDATED
IN ASHLAND, ESPECIALLY INFORMATION AND REFERRAL SERVICES, AND
AID THIS PROCESS BY PLANNING FOR A COMMUNITY SERVICE CENTER
AND BRANCH OFFICES OF SOCIAL SERVICE AGENCIES.
Findings: The policy is inapplicable.
POLICY VIII-24: PROVIDE ACTIVITIES AND COMMUNITY SERVICE
OPPORTUNITIES FOR CHILDREN, ADOLESCENTS AND SENIORS.
Findings: The policy is inapplicable.
GOAL: ESTABLISH A SYSTEM OF CONNECTING LINKS AND LINEAL
TRAILS THROUGHOUT THE CITY.
Findings: The goal is implemented by the comprehensive plan map identifying a trail
system, and various methods for land acquisition. The project site is within property
devoted to Lithia Park, a large recreational area having a well developed trail system
with linkages to the project site. New trails connecting the project site to other parts of
Lithia Park are neither planned or needed.
CITY COUNCIL FINDINGS Page 35 PA 89-149
POLICY VIII-25: ENCOURAGE, WHERE POSSIBLE, A SYSTEM OF
CORRIDORS, LINEAR PARK ROUTES AND TRAILS TO CONNECT THE
VARIOUS PARTS OF THE COMMUNITY, AND TO LINK THE COMMUNITY TO
AREAS OUTSIDE THE CITY. UTILIZE ALL POSSIBI; FACILITIES: PARKS,
OPEN SPACES, BICYCLE PATHS, EASEMENTS, SCENIC ROADWAY ROUTES,
RAILROAD RIGHTS-OF-WAY.
Findings: Refer to findings for the previously cited underlying goal.
POLICY VIII-26: ESTABLISH, WHERE POSSIBLE, TRAILS ALONG
NON-URBANIT~D SECTIONS OF STREAM CORRIDORS, ENSURING THAT
STREAM ECOLOGY AND ANY RESIDENCES ARE PROTECTED.
DISCOURAGE DEVELOPMENT THAT WOULD PROHIBIT STREAM
CORRIDORS FROM BEING UTILIZED FOR TRAILS.
Findings: No stream corridors exist within or adjacent to the project site.
POLICY VHl-27: REQUIRE MANDATORY DEDICATIONS OR PEDESTRIAN
ACCESS EASEMENTS AS CONDITIONS OF APPROVAL FOR ALL
DEVELOPMENTS LOCATED ALONG ASHLAND CREEK AND/OR ALONG THE
PROPOSED BEAR CREEK GREENWAY.
Findings: As discussed, the site is not located near either the Bear Creek Greenway or
Ashland Creek.
POLICY VIII-28: RECOGNIZE THE NEED FOR ADDITIONAL TRAILS FOR
PEDESTRIAN AND BICYCLE TRAFFIC AND ENDEAVOR TO PROVIDE THEM
THROUGHOUT THE CITY.
Findings: No city plans suggest the need for bicycle or new pedestrian routes through
the project site. The site and surrounding area is curren~y an area of heavy pedestrian
traffic. Planned improvements will not affect pedestrian use of or accessibility to the
area.
GOAL: MAINTAIN AND IMPROVE THE APPEARANCE OF ASHLAND AND
ENSURE THAT VEGETATION REMAINS AN IMPORTANT PART OF THE
ENVIRONMENT.
Findings: The City Council finds, based on the findings earlier addressed to other
relevant policies and criteria, that the project will be architecturally compatible with the
overall appearance of Ashland and the surrounding area. Little existing vegetation will
be affected by the proposed project in an area where natural and park vegetation is
abundant. Additional landscaping consistent with the site plan is proposed.
POLICY VHI-29: REQUIRE ALL NEW RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL DEVELOPMENTS TO BE DESIGNED AND LANDSCAPED TO A
HIGH STANDARD TO COMPLEMENT THE PROPOSED SITE AND THE
SURROUNDING AREA.
Findings: The policy is implemented through the site review process. Refer to portions
of these findings and supporting exhibits relating to landscaping and site review
CITY COUNCIL FINDINGS Page 36 PA 89-149
standards.
POLICY VHI-30: ENCOURAGE IMPROVEMENT PROGRAMS FOR EXISTING
AREAS WITH CONSIDERATION TO SUCH ITEMS AS EXTERIOR
MAINTENANCE, LANDSCAPING, SIGNS, AND UNDERGROUND PLACEMENT
OF UTILITIES.
Findings: The policy is implemented through the site review process. Refer to portions
of these findings and supporting exhibits relating to site review standards. No additional
signage is proposed, and utilities currently exist underground.
POLICY VIII-31: REQUIRE HIGH STANDARDS OF DESIGN AND
LANDSCAPING FOR DEVELOPMENT ADJACENT TO MAJOR ARTERIALS,
AND ENCOURAGE DIVIDERS IN ANY NEW ACCESS ROUTES INTO
ASHLAND.
Findings: The project site is not located adjacent to any designated arterial streets.
POLICY VHI-32: REQUIRE, WHERE POSSIBLE, THAT THE ORIGINAL
VEGETATION BE RETAINED AND REQUIRE THE PROPAGATION OF NEW
VEGETATION IF IT IS REMOVED.
Findings: Some existing vegetation will be disturbed by movement of the existing
retaining wall to the rear of the new woman's restroom. The disturbed vegetation will
be replaced.
POLICY VHI-33: REQUIRE STREET TREES IN ALL NEW RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS.
Findings: As discussed, applicant offered and the city did not require the installation of
additional street trees in addition to other planned landscaping improvements.
POLICY VIII-34: THE VIEW OF POMPADOUR BLUFF, VAN DYKE'S CLIFFS,
MT. ASHLAND, GRIZZLY PEAK, AND THE SURROUNDING RIDGES ARE AN
IRREPLACEABLE ASSET TO ASHLAND AND SHOULD BE PROTECTED
THROUGH COOPERATION WITH THE COUNTY.
Findings: The policy wording suggests view protection from county land use actions in
rural areas which threaten views of the cited features. The policy is deemed to lack
relevance in this case as the land in question lies in the heart of incorporated Ashland
and not within the county. Photographic exhibits to be provided during the public
hearing support a conclusion that even if the policy is applicable to subject applications,
the views of adjoining property owners of the referenced features will not be
significantly affected by the proposed seating cover. Also refer to findings for
Conditional Use Permit Standard 'C' in Section llI of these findings.
CHAPTER IX - PUBLIC SERVICES
GOAL: PROVIDE PUBLIC UTILITIES, SERVICES AND FACILITIES IN AN
ORDERLY, EFFICIENT AND ENVIRONMENTALLY SENSITIVE WAY AND IN
SUFFICIENT QUANTITY TO MEET CITY NEEDS NOW AND IN THE FUTURE.
CITY COUNCIL FINDINGS Page 37 PA 89-149
Findings: The subject property has been and will continue to be served with a full range
of public facilities and services. Improvements or extensions of key facilities and
services are not required to support the project. The goal is deemed to be inapplicable in
this case.
POLICY IX-l: PROVIDE URBAN AREAS
APPROPRIATE TO THE DENSITY OF
SERVICE DEMAND.
WITH THE LEVEL OF SERVICES
SETTLEMENT AND RESULTANT
Findings: Refer to findings for the Public Services Goal.
POLICY IX-2: PROVIDE SERVICES IN A TIMELY, COORDINATED AND
ORDERLY MANNER THAT MINIMIZES COSTS AND INCONVENIENCE, AND
PREVENTS PREMATURE, INCOMPLETE DEVELOPMENT.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-3: PREVENT URBAN SPRAWL AND "LEAPFROGGING" BY
PROVIDING FULL SERVICES IN A STAGED MANNER: FIRST TO AREAS
WITHIN THE CITY LIMITS, THEN TO THE AREA WTFHIN THE URBAN
GROVV"TI-I BOUNDARY.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-4: ENCOURAGE THE UNDERGROUND PLACEMENT OF UTILITY
LINES, WITH ANY ABOVE-GROUND FACILITIES DESIGNED TO FIT THE
LANDSCAPE.
Findings: All new utility wiring will be placed underground or within the walls of the
new structure.
POLICY IX-5: ENCOURAGE EARLY PLANNING AND ACQUISITION OF SITES
FOR NEEDED PUBLIC FACILITIES (E.G., FIRE STATIONS, SCHOOLS, ROADS,
PARKS, ETC.).
Findings: The project site is already developed and is not planned or intended by the
city or other provider of public facilities as a future public facility site.
POLICY IX-6: IN CONJUNCTION WITH STUDIES OF HOUSING, LAND USE,
DOWNTOWN POLICIES, ETC., IDENTIFY AND IMPLEMENT INNOVATIVE
SERVICE TECHNIQUES IN ANTICIPATION OF MAJOR TRENDS, NEEDS, AND
ECONOMIC OR ENVIRONMENTAL CHANGES, RATHER THAN WAITING TO
REACT WHEN ALL OPTIONS ARE CLOSED.
Findings: The cited policy is inapplicable.
POLICY IX-7: USE CAPITAL IMPROVEMENT PLANNING TO ENSURE THAT
LONG-TERM PUBLIC FACILITY PLANNING BE AS COST-EFFECTIVE AS
POSSIBLE.
CITY COUNCIL FINDINGS Page 38 PA 89-149
Findings: The cited policy is inapplicable. The project is not a "public" facility."
POLICY IX-8: CONSIDER SYSTEM DEVELOPMENT CHARGES TO FUND
LARGE CAPITAL COSTS CAUSED BY GROWTH.
Findings: The project is not anticipated to create a need for large capital items to
support community growth.
GOAL: PROVIDE SANITARY SEWERS THAT MEET ENVIRONMENTAL
STANDARDS FOR ALL AREAS WITHIN THE CITY LIMITS.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-9: ENCOURAGE EARLY PLANNING FOR NEW SEWAGE
TREATMENT FACILITIES, OUTLINING SITE REQUIREMENTS, USE OF
SEWAGE TREATMENT BY-PRODUCTS, COSTS AND FINANCING.
Findings: The cited policy is inapplicable.
POLICY IX-10: WHERE FEASIBLE, REQUIRE ALL DEVELOPMENT WFH-IIN
THE CITY TO USE ASHLAND TREATMENT FACILITIES.
Findings: The existing and new facility is and will be connected to the public sewerage
collection and treatment system.
POLICY IX-II: ENCOURAGE PRODUCTIVE USE OF SEWAGE TREATMENT
BY-PRODUCTS.
Findings: The cited policy is inapplicable.
POLICY IX-12: CONSIDER THE MODIFICATION OF THE C1TY'S SEWAGE
TREATMENT FACILITY TO A TERTIARY TREATMENT FACILITY AS PART
OF THE CITY'S OVERALL CAPITAL IMPROVEMENT PLAN.
Findings: The policy is inapplicable.
POLICY IX-13: REQUIRE ANNEXATION OR CONTRACT ANNEXATION IN
ORDER TO RECEIVE SEWER SERVICE IN UNINCORPORATED AREAS.
Findings: The policy is inapplicable.
POLICY IX-14: SIZE FUTURE SANITARY SEWERS TO PROVIDE FOR
PROJECTED GROWTH WITHIN THE URBAN GROWTH BOUNDARY, BASED
UPON THE CITY'S COMPREHENSIVE PLAN, AND FOR ANTICIPATED
FUTURE GROWTH FOR THE LIFE OF THE FACILITY.
Findings: The policy is inapplicable.
GOAL: PROVIDE SUFFICIENT WATER SUPPLY FOR ASHLAND RESIDENTS.
Findings: The planned project will not affect water consumption positively or
CITY COUNCIL FINDINGS Page 39 PA 89-149
negatively in comparison to existing levels.
POLICY IX-15: THE CITY SHOULD CONTINUE TO ACQUIRE PRIORITY
WATER RIGHTS ON ASHLAND CREEK AS THEY BECOME AVAILABLE.
Findings: The policy is inapplicable.
POLICY IX-16: THE CITY SHOULD ATH!MPT TO PURCHASE ADDITIONAL
TALENT IRRIGATION DISTRICT WATER FROM CONFIRMED OWNERS.
Findings: The policy is inapplicable.
POLICY IX-17: THE CITY SHOULD FURTHER STUDY THE CONSTRUCTION
OF A NEW IMPOUNDMENT ON ASHLAND CREEK AT THE WINBURN SITE
TO AUGMENT THE CITY'S STORAGE CAPACITY IN THE WATERSHED.
Findings: The policy is inapplicable.
POLICY IX-18: THE CITY SHOUI~D PRIORITIZE AND IMPLEMENT NEEDED
WATER SYSTEM IMPROVEMENTS, AS IDENTIFIED BY THE CITY WATER
PLAN, AS PART OF THE CITY'S OVERALL CAPITAL IMPROVEMENT PLAN.
Findings: The policy is inapplicable.
POLICY IX-19: THE CITY SHOULD DEVELOP WATER CONSERVATION
MEASURES WHICH CAN BE IMPLEMENTED IN CRITICAL WATER YEARS.
Findings: The policy is inapplicable.
POLICY IX-20: THE CITY SHOULD EXERT PRESSURE ON THE U.S. FOREST
SERVICE TO MANAGE THE WATERSHED IN WAYS WHICH ARE
COMPATIBLE AND NOT DETRIMENTAL TO ASHLAND'S FUTURE USE OF
THE WATERSHED AS THE CITY'S WATER SUPPLY. USES OF THE
WATERSHED WHICH CAUSE INCREASED SEDIMENTATION IN REEDER
RESERVOIR SHOULD BE VERY STRONGLY OPPOSED BY THE CITY.
Findings: The policy is inapplicable.
POLICY 11{-21: ENSURE THAT THE CITY'S EFFORTS TO REMOVE SEDIMENT
FROM REEDER RESERVOIR HAVE AS LITI'LE HARMFUL ENVIRONMENTAL
IMPACTS ON ASHLAND AND BEAR CREEKS AS POSSIBLE.
Findings: The policy is inapplicable.
GOAL: TO PROVIDE AN ADEQUATE STORM WATER DRAINAGE SYSTEM
THROUGHOUT THE ENTIRE CITY OF ASHLAND.
Findings: Implementation of the policy rests with the city of Ashland. The project site
is within the downtown area and uses the existing natural and underground storm
drainage system.
CITY COUNCIL FINDINGS Page 40 PA 89-149
POLICY IX-22: THE CITY SHOULD FUND AND DEVELOP AN OVERALL
STORM WATER MANAGEMENT PLAN FOR THE ENTIRE CITY.
Findings: The cited policy is inapplicable. Policy implementation must be by the city
as the principle provider of key public facilities.
POLICY IX-23: ENSURE THAT ALL NEW DEVELOPMENTS INCLUDE A
DRAINAGE SYSTEM WHICH PROTECTS ADJOINING PROPERTY AS MUCH
AS POSSIBLE.
Findings: The project does not significantly increase or decrease the amount of
impermeable surface area. As such, the volume of storm water flows are not increased.
The existing storm drainage system will continue to be used. Improvements to the
system are not warranted by the scope and nature of the project.
POLICY IX-24: ENCOURAGE DRAINAGE SYSTEMS THAT UTILIZE
NATURAL DRAINAGE WAYS AND MINIMIZE THE AMOUNT AND RATE OF
SURFACE RUNOFF.
Findings: Refer to findings for the previous policy.
POLICY IX-25: CONSIDER NECESSARY
STORM WATER SYSTEM AS PART OF
IMPROVEMENT PLAN.
IMPROVEMENTS TO THE CITY'S
THE CITY'S OVERALL CAPITAL
Findings: The cited policy is inapplicable. The policy is implemented exclusively by
the city. No storm drainage improvements in the area are planned or needed.
POLICY IX-26: IN ALL NEW DEVELOPMENTS, DISCOURAGE THE PUMPING
OF STORM WATER DRAINAGE, INCLUDING THE USE OF SUMP PUMPS.
Findings: Storm waters naturally drain from the site into the city' s underground system
and into natural drainages within Lithit park. The pumping of storm waters does not
now occur and is not planned or needed to accommodate the project.
GOAL: PROVIDE SYSTEMATIC CONTROL OF THE SOLID WASTE PROCESS
FROM COLLECTION TO STORAGE, EMPHASIZING EFFICIENCY, RESOURCE
RECOVERY AND ENVIRONMENTAL PROTECTION.
Findings: The cited policy is inapplicable. The project will not result in additional or
unusual solid waste.
POLICY IX-27: ENCOURAGE OPPORTUNITIES FOR RECYCLING AND
RESOURCE RECOVERY IN ALL SOLID WASTE COLLECTION PROGRAMS.
Findings: The cited policy is inapplicable. Refer to findings below for Policy IX-28.
POLICY IX-28: ENCOURAGE HIGH ENVIRONMENTAL AND AESTHETIC
STANDARDS IN THE COLLECTION, RESOURCE RECOVERY AND DISPOSAL
OF SOLID WASTE.
CITY COUNCIL FINDINGS Page 41 PA 89-149
Findings: The cited policy is inapplicable as the emphasis for implementation rests with
the city to encourage the stated actions. In point of fact, the applicant has encouraged
the recycling materials used to construct stage sets by inviting the public to take the
materials after they are no longer useful for performances. Recycling efforts have also
been undertaken by applicant in the form of transporting various other paper and
cardboard products to recycling centers.
POLICY IX-29: THE CITY SHALL COORDINATE WITH JACKSON COUNTY
ON THE PROVISION OF SOLID WASTE DISPOSAL S1TES TO MEET CURRENT
AND LONG-RANGE NEEDS.
Findings: The cited policy is inapplicable.
GOAL: MAKE MAXIMUM EFFORT TOWARD UTILIZATION OF PRESENT
AND FUTURE EDUCATIONAL AND RECREATIONAL FACILITIES AND
RESOURCES THROUGH PUBLIC, PRIVATE AND CITY COOPERATION.
Findings: Planned improvements to the theatre will enhance the existing
educational/recreational facilities.
POLICY IX-30: ENCOURAGE COOPERATION BETWEEN THE CITY AND
SCHOOL DISTRICT WHEN NEW SCHOOL FACILITIES ARE CONSIDERED OR
WHEN CITY ACTION AFFECTS THE SCHOOL DISTRICT.
Findings: The policy is inapplicable as the planned project will not affect public schools
positively or negatively.
POLICY IX-31: ENCOURAGE EARLY ACQUISITION OF SCHOOL SITES OF
SUFFICIENT SIZE FOR SCHOOL/PARK FACILITIES.
Findings: The policy is inapplicable. The project site has not been identified by any
city or school district plan as a site for future school facilities.
POLICY IX-32: ASSESS THE IMPACT OF LARGE-SCALE PROPOSED
DEVELOPMENTS AND THEIR EFFECT ON THE SCHOOLS WHICH THEY
IMPACT.
Findings: The project will not generate additional school-age children or in any manner
affect school capacities. The cited policy is found to be inapplicable.
CHAPTER X - TRANSPORTATION
GOAL: PROVIDE A TRANSPORTATION SYSTEM WHICH IS SAFE,
DIVERSFlED, COST AND ENVIRONMENTALLY EFFICIENT, EMPHASIZES
ALTERNATE MODES OF TRANSPORT, MEETS THE NEEDS OF THE
TRANSPORTATION DISADVANTAGED, AND ENHANCES THE LOCAL
ECONOMY, SCENERY AND NEIGHBORHOODS.
Findings: The project site is located in the downtown area which is served by fully
improved streets and public transportation services.
CITY COUNCIL FINDINGS Page 42 PA 89-149
POLICY X-I: STREET CONDITIONS
A) COORDINATE THE CITY TRANSPORTATION SYSTEM WITH
COUNTY, REGIONAL, STATE AND FEDERAL PLANS.
B) UNPAVED AND POORLY SURFACED STREETS SHOULD BE
IMPROVED TO PROVIDE MORE EFFICIENT TRAFFIC FLOWS.
C) PROHIBIT THE FORMATION OF NEW UNPAVED
FORBIDDING DEVELOPMENT TO OCCUR ON ROADS
UNPAVED AND UNOPENED.
ROADS BY
WHICH ARE
Findings: As mentioned, the downtown project site is served with fully improved
streets. No unpaved roads exist adjacent to the project site.
POLICY X-2: ACCIDENTS
A) ENSURE ADEQUATE VISIBILITY AT ALL INTERSECTIONS FOR THE
SAFE FLOW OF TRAFFIC.
B) IMPLEMENT TRAFFIC CONTROL MEASURES INTO INTERSECTIONS
WHERE TRAFFIC FLOW PROBLEMS ARE PREDICTED TO OCCUR.
Findings: Existing streets and traffic control devices are adequate in the area of the
project site. No city plans suggest a need for intersection improvements or traffic
control devices. Direct vehicle access into the site is not required or provided.
POLICY X-3: STREET DEDICATIONS AND DESIGN
A) NEW STREET DEDICATIONS SHOULD ONLY TAKE PLACE AFTER
CONSIDERING THE TOTAL IMPACT OF THE STREET ON THE
SURROUNDING AREA.
B) LOCATE FUTURE ARTERIAL STREETS AWAY FROM SCHOOLS,
PARKS, AND OTHER OPEN SPACE USES WHENEVER POSSIBLE.
C) REQUIRE NEW STREET PROJECTS TO ENSURE MINIMAL IMPACT
ON TERRAIN AND NATURAL VEGETATION.
D) CONSIDER TOPOGRAPHY, SOIL CHARACERISTICS, GEOLOGIC
CONDITIONS, DRAINAGE PA'YFERNS, POTENTIAL RUNOFF
QUANTITIES, TYPE OF LAND USES, AND PURPOSE OF STREETS WHEN
DEVELOPING NEW STREET PROJECTS.
E) EVALUATE ASHLAND'S STREET DESIGN STANDARDS
PERIODICALLY AND SUGGEST IMPROVEMENTS WHICH WOULD
REDUCE COSTS BUT MAINTAIN ADEQUATE QUALITY.
F) NEW STREETS SHALL BE CONSTRUCTED TO A SIZE APPROPRIATE
TO THE EXPECTED TRAFFIC FLOW.
CITY COUNCIL FINDINGS Page 43 PA 89-149
G) STREET LOCATIONS AND DESIGN SHALL PRESERVE THE
CHARACTER OF THE NEIGHBORHOODS.
H) THROUGH AUTOMOBILE TRAFFIC IN RESIDENTIAL
NEIGHBORHOODS SHALL BE DISCOURAGED THROUGH STREET
DESIGN.
I) REQUIRE LANDSCAPING AND NOISE REDUCTION MEASURES IN
ANY STREET DESIGN OR IMPROVEMENT ADVERSELY IMPACTING A
NEIGHBOR HOOD AREA.
J) ENCOURAGE EFFORTS TO LANDSCAPE AND BEAUTIFY EXISTING
STREETS, ENSURING ADEQUATE VISIBILITY FOR VEHICLES AND
PEDESTRIANS.
Findings: As mentioned, no vehicle access into the site exists, except emergency and
delivery vehicle access through the brick plaza, and none is anticipated by the project.
The site is accessed by pedestrian traffic only off fully improved public streets. The
dedication of land for new sweets or improvement of existing streets in the area are not
anticipated by any city plan or program. The project does not anticipate increasing the
intensity vehicular use over current levels. The policy found to be inapplicable.
POLICY X-4: ACCESS
A) MAINTAIN CARRYING CAPACITY AND EASE OF MOVEMENT OF
ARTERIALS AND OTHER STREETS BY THE USE OF LIMITED ACCESS
THROUGH THE SITE REVIEW PROCESS.
B) DIRECT ACCESS ONTO STREETS DESIGNATED AS ARTERIALS
SHOULD BE DISCOURAGED WHENEVER AN ALTERNATIVE EXISTS OR
CAN BE MADE AVAILABLE.
C) NEW DIRECT ACCESS TO ARTERIALS SHOULD BE ALLOWED ONLY
WHEN LAND USE AND TRAFFIC PATTERNS OF THE SURROUNDING
AREA HAVE BEEN CONSIDERED.
D) REQUIRE DESIGN THAT COMBINES THE ACCESS OF SEVERAL
DEVELOPMENTS TO A SINGLE POINT IN NEW DEVELOPMENTS.
Findings: As mentioned, no direct access to arterial streets from the facility exists or is
planned. The policy is inapplicable.
POLICY X-5: GROWTH
A) ENCOURAGE STREET DESIGN IMPROVEMENTS WHICH WILL
SPEED AND SMOOTH THE FLOW OF TRAFFIC.
B) MAKE TIMELY IMPROVEMENTS IN DESIGN STANDARDS AND
TRAFFIC CONTROL DEVICES.
C) MONITOR TRAFFIC FLOWS AND DETERMINE STREETS AND
CITY COUNCIL FINDINGS Page 44 PA 89-149
INTERSECTIONS WHERE CAPACITY PROBLEMS MAY ARISE.
D) DEVELOP A MASTER STREET IMPROVEMENT PLAN WHICH DEALS
WITH PROBLEMS PREDICTED BY FUTURE TRAFFIC FLOWS.
E) PLAN FOR THE IMPROVEMENT OF HERSEY, NEVADA AND
MOUNTAIN AVENUE AS ALTERNATIVE ROUTES TO THE DOWNTOWN
AREA FOR NORTH- SOUTH TRAFFIC.
F) PREPARE A PLAN TO INTEGRATE A NEW FREEWAY INTERCHANGE
AT MOUNTAIN AVENUE INTO THE PRESENT TRANSPORTATION
NETWORK.
G) STREET DEDICATIONS SHALL BE REQUIRED AS A CONDITION OF
LAND DEVELOPMENT. A FUTURE STREET DEDICATION MAP SHALL
BE ADOPTED AND IMPLEMENTED AS PART OF THE LAND
DEVELOPMENT CODE.
Findings: The policy is inapplicable. Refer to findings for the two previous policies.
POLICY X-6: PEDESTRIANS AND BIKEWAYS
A) PEDESTRIAN TRAFFIC SHOULD BE SEPARATED FROM AUTO
TRAFFIC ON STREETS AND IN PARKING LOTS.
B) PEDESTRIANS SHOULD BE SEPARATED FORM BICYCLE TRAFFIC
WHEN POSSIBLE, AS THE TWO ARE NOT COMPATIBLE ON THE SAME
PATHWAY.
C) PROVIDE ADEQUATE PEDESTRIAN FACILITIES IN CONJUNCTION
WITH ALL NEW STREET IMPROVEMENT PROJECTS AND ALL NEW
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS.
D) MINIMIZE CONFLICTS BETWEEN TRANSPORTATION TYPES,
ESPECIALLY WHEN THOSE CONFLICTS CREATE A PARTICULARLY
HAZARDOUS AREA.
E) ENCOURAGE OFF-STREET PEDESTRIAN PATHWAYS TO OFFER
DIRECT, SAFE ROUTES.
F) IMPROVE SAFETY, CONVENIENCE AND EFFICIENCY OF EXISTING
BIKEWAYS.
G) PROVIDE APPROPRIATE BICYCLE FACILITIES IN CONJUNCTION
WITH ALL NEW STREET IMPROVEMENT PROJECTS AND ALL NEW
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS.
H) BIKEWAYS SHOULD BE INTEGRATED ONTO EXISTING STREETS IN
A SEPARATE LANE UNLESS SAFETY FACTORS DICTATE SEPARATION
OF BICYCLES AND AUTOS.
CITY COUNCIL FINDINGS Page 45 PA 89-149
I) RECREATIONAL BIKEWAYS AND WALKWAYS SHOULD BE
CONSTRUCTED USING NATURAL AREAS AND SCENIC VIEWS.
J) PROVIDE OR REQUIRE SECURE BICYCLE STORAGE IN AREAS SUCH
AS COMMERCIAL CENTERS, RECREATIONAL AREAS, AND
EMPLOYMENT CENTER.
K) PROVIDE OR REQUIRE HANDICAPPED PARKING SPACES IN
LARGER DEVELOPMENTS.
Findings: The downtown area in general is served with improved bicycle and pedestrian
facilities. In particular, the project site is planned and oriented for large volumes of
pedestrian traffic. Pedestrian and bicycle traffic on the site and in the surrounding area
are fully separated.
POLICY X-7: RAILROADS
A) ENCOURAGE THE USE OF RAIL TRANSPORT FOR THE MOVEMENT
OF GOODS AS A MEANS OF CONSERVING ENERGY.
B) MITIGATE RAILROAD NOISE THROUGH THE USE OF BERMING AND
LANDSCAPING IN DEVELOPMENTS ADJACENT TO THE RAILROAD
AND WHICH ARE IMPACTED BY RAILROAD NOISE.
Findings: The subject property is separated from existing railroad facilities for a
distance of about 1600 feet. No significant railroad noise exists in the area, and the
subject use does not utilize railroad transport facilities.
POLICY X-8: MASS TRANSIT
A) ENCOURAGE USE AND PUBLIC AWARENESS OF LOCAL BUS
SYSTEMS BY CITY RESIDENTS.
B) ENCOURAGE THE LOCAL BUS SYSTEM TO IMPROVE
ACCESSIBILITY AND CONVENIENCE FOR COMMUTERS THROUGH
SCHEDULING AND ROUTING PROGRAMS.
C) SUGGEST CHANGES IN THE PRESENT BUS SYSTEM TO IMPROVE
SERVICE AND INCREASE RIDERSHIP.
D) PERIODICALLY EVALUATE BUS ROUTES AND SUGGEST CHANGES
TO ACCOMMODATE NEW GROWTH AND DEMAND.
E) CONSIDER THE SPECIAL NEEDS OF THE HANDICAPPED AND
TRANSPORTATION DISADVANTAGED WHEN DEVELOPING AND
IMPI-F-MENTING MASS TRANSIT AND TRANSPORTATION SYSTEMS.
Findings: The downtown area in general is served by the Rogue Valley Transit District,
(RVTD). Existing bus mutes exist along East Main Street providing for convenient
access to the existing theatre facility and project site. As discussed, bus parking is
provide on Pioneer Street to serve the subject use. The site is cm'rently handicap
CITY COUNCIL FINDINGS Page 46 PA 89-149
accessible. The proposed project will improve and enhance handicap use and
accessibility. The intended theatre improvements will provide more and a greater
variety of seating accessible by people confined to wheelchairs.
POLICY X-9: FUEL CONSUMPTION AND AIR POLLUTION
A) ENCOURAGE RESIDENTS OF THE CITY TO USE BICYCLING AND
WALKING AS ALTERNATIVES TO THE AUTOMOBILE WHENEVER
POSSIBLE.
B) ENCOURAGE RIDE-SHARING PROGRAMS (CARPOGLING) IN BOTH
PUBLIC AND PRIVATE SECTORS.
C) ENCOURAGE EDUCATION PROGRAMS SHOWING THE ENERGY
SAVINGS AND POLLUTION REDUCTION RESULTING FROM
ALTERNATE MODES OF TRAVEL AND RIDE-SHARING.
D) DISCOURAGE THE USE OF DRIVE-UP WINDOWS THROUGH THE
IMPLEMENTING ORDINANCES.
Findings: Existing pedestrian and bicycle facilities, developed public streets, and public
transportation services provide opportunities for alternative forms of access to the site in
conformance with the policy. Drive-up windows are not planned or needed.
POLICY X-10: PARKING
A) DISCOURAGE NON-RESIDENTIAL VEHICLE PARKING IN
RESIDENTIAL NEIGHBORHOODS.
B) REQUIRE NEW BUSINESSES TO PROVIDE ADEQUATE PARKING
SPACES FOR EMPLOYEES AND CUSTOMERS, EXCEPT IN DOWNTOWN
AREA.
C) REEVALUATE PARKING SPACE SIZE REQUIREMENTS DUE TO THE
INCREASED USE OF SMALLER CARS.
D) ENCOURAGE SHARING OF EXISTING AND FUTURE PARKING
FACILITIES BY VARIOUS NEARBY BUSINESSES.
E) DEVELOP ADDITIONAL LOADING ZONES AND BUS PARKING
SPACES AND ENCOURAGE THE USE OF EXISTING FACILITIES.
F) DEVELOP A PARKING PLAN FOR THE DOWNTOWN AREA WITH
CONVENIENT AUTO AND PEDESTRIAN ACCESS.
G) REQUIRE EFFECTIVE LANDSCAPING THROUGHOUT CONTINUOUS
PAVED PARKING AREAS TO INCREASE SHADING, SCRF~FjNING AND
BUFFERING AESTHETICS AND FOR PERCOLATION OF WATER INTO
THE GROUNDWATER TABLE.
Findings: Subsection 18.32.050(A) ALUO specifically exempts uses in the downtown
CITY COUNCIL FINDINGS Page 47 PA 89-149
area, (except residential, hotel, and motel uses), from providing off-street parking
consistent with Chapter 18.92 ALUO. To the extent Section "F" of the cited policy is
applicable, the burden for implementation rests with the city. The applicant has
supported city efforts, currently underway, to develop a parking plan for the downtown
area. It is noteworthy that the Hargadine Street parking lot near the project site was
provided by the applicant even though applicant was and is under no obligation to
provide parking under the prevailing ordinance.
CHAPTER XI-ENERGY
GOALS: THE CITY SHALL STRIVE, IN EVERY APPROPRIATE WAY, TO
REDUCE ENERGY CONSUMPTION WITHIN THE COMMUNITY. THESE
REDUCTIONS WILL BE ACHmVED PRIMARILY BY INCREASING THE
EFFECTIVENESS OF ENERGY AND USE, RATHER THAN BY SACRIFICING
LIVING STANDARDS. MOREOVER, THE CITY SHALL PROMOTE
APPROPRIATE SUBSTITUTIONS OF ENERGY FORMS TO AVOID THE USE OF
ELECTRICITY FOR OTHER THAN SPECIALIZED REQUIREMENTS AND
THEREBY ACHIEVE FURTHER REDUCTIONS IN TOTAL RESOURCE
UTILIZATION.
IN GENERAL, POLICIES THAT EFFECT CHANGE THROUGH A
COMBINATION OF ECONOMIC INCENTIVES AND PUBLIC EDUCATION
SHALL BE CONSIDERED MORE APPROPRIATE THAN POLICIES INVOLVING
STRICT LEGAL REQUIREMENTS OR MANDATES. THE EFFECT OF SUCH
LIMITED POLICIES MUST BE CAREFULLY MONITORED AND THEIR
ADEQUACY EVALUATED ON A TIMELY BASIS.
THE CITY SHALL GIVE DUE ATYENTION TO ENERGY CONSIDERATIONS IN
ALL MUNICIPAL DECISION MAKING.
Findings: The Elizabethan Theatre is currently and will remain an open-air theatre used
only during months with favorable weather conditions. No artificial heating or cooling
of the facility is proposed, except as explained under the Natural Climate Control
criteria of the Commercial and Employment Development Site Design Guidelines, cited
and addressed in Section IV of these findings.
POLICY XI-I: INFORMATION
A) THE CITY SHALL EMPLOY A FULL-TIME ENERGY
PLANNER/ADMINISTRATOR WORK WITH CITY ADMINISTRATION,
THE ELECTRIC AND PLANNING DEPARTMENTS IN COORDINATING
AN ENERGY INFORMATION SYSTEM, AND IN DEVELOPING AND
IMPLEMENTING CONSERVATION PROGRAMS.
B) AN UPDATE/APPENDIX TO THIS PLAN ELEMENT SHALL BE
MAINTAINED CONTAINING THE FOLLOWING COMPONENTS:
AN ANNOTATED BIBLIOGRAPHY,
AN IMPROVED BENCHMARK DATA BASE ON ENERGY END USE
CITY COUNCIL FINDINGS Page 48 PA 89-149
EFFICIENCY,
CRITERIA FOR ESTABLISHING ADMINISTRATIVE RULES AND
REGULATIONS,
INFORMATION ON THE PROGRESS OF SPECIFIC PROGRAMS.
C) THE CITY SHALL FOSTER LOCAL RESEARCH ON
ENERGY-RELATED MAT'IERS IN COOPERATION WITH SOSC, SORSI,
SUNERGI AND OTHER INTERESTED PARTIES.
D) THE CITY SHALL DEVELOP CLEAR INFORMATION FOR THE
GENERAL PUBLIC IN THE FORM OF ENERGY EFFICIENT GUIDELINES.
E) THE CITY SHALL ESTABLISH AND ADHERE TO SPECIFIC
PROCEDURES FOR MONITORING THE EFFECTIVENESS OF
CONSERVATION PROGRAMS.
F) THE CITY SHALL WORK WITH ROGUE VALLEY DATA PROCESSING
TO DEVELOP STATISTICAL SUMMARIES OF ELECTRICITY USE.
G) IN ADDITION, ATTEMPTS SHOULD BE MADE TO GATHER DATA ON
ENERGY USE FROM OTHER SOURCES, ESPECIALLY FROM CP
NATIONAL.
Findings: The cited policy is inapplicable. The open- air nature of the facility, and
general nature of the policy support a finding that the policy is inapplicable.
POLICY XI-2: EXISTING HOUSING
A) THE MAJORITY OF THE HOUSING STOCK IN THE YEAR 2000 IS
ALREADY HERE. RELATIVELY FEW HOMES WILL BE ADDED IN THE
COURSE OF THE PLANNING PERIOD. MOREOVER, THE OLDER,
EXISTING HOMES TYPICALLY HAVE VERY HIGH THERMAL
REQUIREMENTS DUE TO POORLY DEVELOPED INSULATION
TECHNOLOGY AND A LACK OF CONCERN FOR ENERGY EFFICIENCY
AT THE TIME OF THEIR CONSTRUCTION.
THE CITY SHALL UNDERTAKE PROGRAMS TO ENSURE THAT THE
EXISTING HOUSING STOCK WILL POSSESS, BY THE YEAR 2000:
1) OPTIMALWEATHERIZATION
2) WATER HEATER INSULATION
3) WHERE FEASIBLE, SOLAR WATER HEATING.
B) THE CITY WILL WORK WITH BPA AND OTHER ENERGY
PROVIDERS AND WITH STATE AND FEDERAL AGENCIES TO SECURE
AND COORDINATE FUNDING SOURCES FOR SUCH IMPROVEMENTS.
IN ADDITION, THE CITY WILL UNDERTAKE A BROAD-BASED
CITY COUNCIL FINDINGS Page 49 PA 89-149
EDUCATIONAL PROGRAM AND PROVIDE TECHNICAL ASSISTANCE
AS APPROPRIATE.
Findings: The policy is inapplicable as the project is not of a housing/residential nature.
POLICY XI-3: NEW HOUSING
A) A DENSITY BONUS SHALL BE ALLOWED WHEREVER POSSIBLE ON
THE BASIS OF A MEASURABLE INCREASE IN ENERGY EFFICIENCY IN
NEW HOUSING.
B) A REASONABLE AMOUNT OF SOLAR ACCESS SHALL BE
PRESERVED FOR ALL LAND PARCELS.
C) NEW HOUSING SHOULD ACHmVE A MINIMUM SOLAR
ORIENTATION WHEREVER PRACTICAL. AN EXAMPLE OF NO-COST
STANDARDS WOULD BE AS FOLLOWS:
1) AT LEAST 10% OF THE FLOOR SPACE IN SOUTH-FACING
GLASS.
2) SHADING DEVICES FOR SUMMER COOLING ON ALL SOUTH-,
EAST- AND WEST-FACING WINDOWS.
3) SOUTH-FACING AREAS SUITABLE FOR RETROFIT WITH
SOLAR COLI~ECTORS.
D) THE CITY SHAIL PROMOTE THE USE OF SOLAR, WOOD,
HEAT-PUMP OR OTHER RENEWABLE ENERGY WATER HEATING IN
NEW HOMES.
E) ALL PUBLICLY SUBSIDIT]~D HOUSING CONSTRUCTED IN
ASHLAND SHALL BE BUILT USING AlL COST-EFFECTIVE SOLAR AND
CONSERVATION STRATEGIES.
Findings: The policy is inapplicable as the project is not of a housing/residential nature.
POLICY XI-4: COMMERCIAL, INDUSTRIAL AND PUBLIC BUILDINGS
A) ALL APPLICATIONS FOR NEW BUILDINGS SHALL INCLUDE THE
FOLLOWING INFORMATION:
1) A LIST OF AIL ENERGY SOURCES PROPOSED TO BE USED.
- HEATING AND HEAT LOSS;
- LIGHTING;
- COOLING AND REFRIGERATION;
- OTHER.
CITY COUNCIL FINDINGS Page 50 PA 89-149
2) A STATEMENT DESCRIBING THE APPROPRIATENESS OF THE
ENERGY SOURCES USED.
B) ALL NEW STRUCTURES UNDERGOING THE CITY'S SITE REVIEW
PROCEDURE SHALL BE REVIEWED BY THE ENERGY CONSERVATION
COORDINATOR. THE ENERGY COORDINATOR SHALL ADVISE THE
DEVELOPERS OF ALL NEW CONSTRUCTION AND COST-EFFECTIVE
METHODS OF ENERGY CONSERVATION.
PROCEDURES FOR COMPUTING THE PAY-BACK PERIOD SHALL BE
DETERMINED ADMINISTRATIVELY, SPECIFYING BOTH THE
DISCOUNT RATE AND THE ENERGY PRICE INFLATION RATE.
Findings: As discussed, the open-air theatre has no artificial heating or cooling, except
as explained under the Natural Climate Control criteria of the Commercial and
Employment Development Site Design Guidelines, cited and addressed in Section IV of
these findings for which municipal electricity is used. Municipal electricity is used for
performance and securing lighting, and other incidental uses which curren~y exist and
will continue to exist following the planned improvements. The policy is found to be
generally inapplicable.
POLICY XI-5: SMALL ENERGY SYSTEMS
A) THE CITY SHAI J - PROMOTE THE DEVELOPMENT AND
COMMERCIALIZATION OF SMALL-SCALE HOME AND
NEIGHBORHOOD ENERGY SYSTEMS.
Findings: The cited policy is inapplicable.
CHAPTER XII - URBANIZATION
GOAL: 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 AN ORDERLY AND SEQUENTIAL
DEVELOPMENT OF LAND IN THE CITY LIMITS.
Findings: As mentioned, the subject property is located within the incorporated
downtown area of Ashland on land that is already developed. The goal is found to be
inapplicable.
POLICY Xll-I: THE CITY SHALL STRIVE TO MAINTAIN AT LEAST A
5-YEAR SUPPLY OF LAND FOR ANY PARTICULAR NEED IN THE CITY
LIMITS. THE 5-YEAR SUPPLY SHAIJ~ BE DETERMINED BY THE RATE OF
CONSUMPTION NECESSITATED IN THE PROJECTIONS MADE IN THIS
COMPREHENSIVE PLAN.
Findings: The policy is inapplicable. Refer to findings for the Urbanization Goal.
POLICY XII-2: THE CITY SHALL INCORPORATE VACANT LAND ONLY
CITY COUNCIL FINDINGS Page 51 PA 89-149
AFTER A SHOWING THAT LAND OF SIMILAR QUALITIES DOES NOT
ALREADY EXIST IN THE CITY LIMITS, OR IF ANNEXATION IS NECESSARY
TO ALLEVIATE A PROBABLE PUBLIC HEALTH HAZARD.
Findings: The policy is inapplicable. Refer to findings for the Urbanization Goal.
POLICY XII-3: THE CITY SHALL ENTER INTO A COOPERATIVE
AGREEMENT WITH JACKSON COUNTY. THIS AGREEMENT SHALL
DESIGNATE THE CITY'S AND COUNTY'S JOINT POLICIES FOR LAND NOT
URBANIZED. GENERALLY SPEAKING, LAND NOT IN THE C1TY'S URBAN
GROWTH BOUNDARY IS TO BE MAINTAINED IN A RURAL STATE. LAND
BETWEEN THE CITY LIMITS AND URBAN GROWTH BOUNDARY IS TO BE
MAINTAINED IN A RURAL STATE UNTIL ANNEXED BY THE CITY.
URBAN-LEVEL DEVELOPMENT IN THE COUNTY, BUT WITHIN THE URBAN
GROWTH BOUNDARY, IS INAPPROPRIATE TO THE NEEDS AND DESIRES OF
THE CITY OF ASHLAND TO IMPLEMENT ITS URBANIZATION GOAL.
Findings: The policy is inapplicable. Refer to findings for the Urbanization Goal.
POLICY XII-4: THE CITY SHALL DEVELOP ITS CAPITAL IMPROVEMENT
PROGRAM TO ACCOMMODATE ALL THE LAND WITHIN THE URBAN
GROWTH BOUNDARY WITH AN ADEQUATE LEVEL OF URBAN SERVICES
FOR THE NEEDS EXPRESSED IN THE CITY'S COMPREHENSIVE PLAN.
Findings: As mentioned, the subject property is currently served by a full range of key
urban facilities and services. No additional service demands are anticipated by the
project, and no upgrading of the existing infrastructure is anticipated to support the
project.
MISCELLANEOUS OBJECTIONS: During the public hearings opponents raised the
miscellaneous objections cited and addressed below:
1) The site was improperly rezoned C-l-D, and that rezoning served to eliminate the
need for applicant to provide off-street parking which would otherwise be required.
Findings/Conclusions: The City Council finds the earlier rezoning was properly carded
out in accordance with Oregon law and local ordinances, and is not a matter properly
before the city under these proceedings.
2) Objections were raised regarding the existing operation of the theatre as the past and
current practice of barricading certain streets prevents reasonable ingress and egress to
opponents property. Opponents sought as an approval condition the elimination of
street barriers.
Findings/Conclusions: The City Council finds and concludes that the blocking of key
streets in the downtown area during Shakespeare performances serves to minimize
traffic and parking problems in the adjacent residential area. The City Council disagrees
that street blockages pose an unreasonable burden on nearby residents, concluding
instead that without street barriers the traffic and parking impacts would be a greater
threat to the residential area than that posed by residents having to cross a manned street
barrier during performances. Residents or others wishing to enter the area may do so as
the barriers are monitored at all times by city and/or Shakespeare employees. Finally,
CITY COUNCIL FINDINGS Page 52 PA 89-149
the temporary blocking of public streets is a practice authorized by separate permit with
the city which can be revoked at any time regardless of whether conditions are adopted
under the conditional use permit.
In addition to minimizing traffic and parking impacts in the residential area, street
closures also serve to minimize noise intrusions which disrupt performances. While the
seating cover will attenuate noise, the Council finds and concludes that even after the
cover is constructed it may be insufficient to attenuate noise emanating from loud
trucks, automobiles, and motorcycles which would otherwise impact the performances.
3) Opponents sought conditions which would limit the days and hours of theatre
operation.
Findings/Conclusions: The City Council weighed and rejected the imposition of
limitations on theatre operations for the following reasons:
A. Theatres are an outright permitted use in the C-l/C-1-D zone.
B. The need for conditional use authorization relates to building height, not to the
use itself which has existed on the site in one form or another for more than 70
years.
C. The imposition of a condition requiring the theatre to now comply with city
noise regulations will control noise impacts consistent with all other uses and
activities in the community, thereby eliminating the necessity to control in other
ways the theatre activities occurring on the site.
D. The Oregon Shakespeare Festival is a major source of downtown employment
and community economic development which should not be hamstrung by
conditions to control impacts asserted to center around noise which are better
addressed through a condition requiring compliance with city noise regulations.
4) Regarding objections conceming the topic of noise generally.
Findings/Conclusions: The City Council weighed testimony and evidence submitted by
the applicant and opponents regarding compliance with city noise regulations.
Opponents argued that the theatre should have to comply with the city noise ordinance,
(AMC 9.08.170). In imposing a condition that the theatre comply with city noise
regulations, the City Council finds and concludes:
A. That noise emanating from the theatre poses the greatest impact or potential for
impacts to the surrounding neighborhood.
B. That the proposed seating cover has been prope~y designed in concert with
acoustical/noise experts to significantly mitigate noise produced by theatre
activities.
C. That following construction of the seating cover the theater will be capable of
compliance with city noise regulations.
D. Should future violations of the noise regulations occur, the enforcement and
CITY COUNCIL FINDINGS Page 53 PA 89-149
penalty provisions of the Ashland Municipal Code are a sufficient means of
redress.
5 The issue whether debt can be incurred to finance the seating cover project was raised
in reference to whether the property occupied by the use which is owned by the city and
leased to applicant can be encumbered for the purpose of securing financing.
Findings/Conclusions: The applicant has stated during public hearings that no debt will
be used to finance the planned improvements. Instead, the money needed will be raised
by special fund raising and other resources of applicant. In any event, no encumbrance
could be placed on the property without the consent of the city as the property owner of
record.
In adopting these findings, the City Council also cites, adopts and incorporates by
reference all portions of the Ashland Comprehensive Plan, including the Ashland
Downtown Plan, Ashland Land Use Ordinance, and all written and oral testimony
or findings submitted by the applicant, Ashland Planning Commission, Ashland
Historical Commission, and State Office of Historic Preservation.
Nan E. Franklin
City Recorder
Catherine M. Golden
Mayor
CITY COUNCIL FINDINGS
Page 54
PA 89-149