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HomeMy WebLinkAbout2003ORDINANC NO. AN ORDINANCE ESTABLISHING A MORATORIbI4 ON THE ISSUANCE OF BUILDING AND PLANNING PERMITS AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The issuance of Building Permits and related Planning actions and Permits for commercial, industrial and multiple- family projects which would add square footage or cause major alteration to the appearance of any commercial, industrial, or multiple-family structure, is hereby suspended in the area of Ashland described in Exhibit "A" hereto. SECTION 2. This Ordinance shall not apply to any structural modification or movement necessitated by acts of the State of Oregon in widening Highway 66 from the Railroad overpass to Siskiyou Boulevard. This Section shall also apply to any planning actions or building permits in process as of December 19, 1978. SECTION 3. This suspension of Building Permits is to terminate on June 30, 1979. SECTION 4. Supportive Findings of Fact for this Ordinance and moratorium are attached as Exhibit "B". SECTION 5. It is hereby adjudged and declared that the existing conditions are such that this Ordinance is necessary for the preservation of the public health and safety of the people of the City of Ashland and that an emergency is hereby declared to exist and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. The foregoing Ordinance was read and passed at a regular meeting of the Common Council on this ~ day of , 1979 MAYOR ATTEST: ITY RECORDER Ordinance No. ~903 /& -I?> EXHIBIT "B" Findings of Fact: Building Moratorium for the Highway ~6 Area in the City of Ashland, Oregon. 1. Findinq: The moratorium is directly related to the problem it seeks to Solve, and is the only appropriate remedy under the circumstances. Basic Facts: First, the Sta~e Highway Department is in the process of preparing to widen Highway 66 from the Railroad overpass to Siskiyou Boulevard. In addition to the structures which must be moved as a result of this action, it is anticipated that several new structures and alterations of present structures will be proposed in the next few weeks and months. In addition to the design review questions discussed below, time is needed without construction of new structures to study the proposed access ways along Highway 66, given that the State has designed broad driveway curb cuts that will likely have a substantial negative impact on future serviceability of the highway. Second, therG are a number of major properties and proposals (including two proposed motels, one potential 15-acre shopping center, one ~-acre parcel suitable for Planned Unit Development or retail use, a major shopping complex ~ completed, a 13-acre site suitable for multiple-family development, 10 acres remaining as potential expansion of the Ashland Hills Motel and Convention Center, and others) which, on development, will have an exlremely important impact on the esthetic appearance of the affected area. being the major commercial growth area of Ashland, and the beginnings of a second urban nuclei within the City, it is of primary interest that the design and appearance of developments be of compatible type and quality with the surrounding area and the City generally. This Third, the City has a Site Review Chapter in the Zoning Ordinance which controls design and layout of landscaping, access ways, and structures. There are, however, no controls whatever that affect the esthetic quality of the finished structure itself. Such lack of control has led to the construction of buildings which, should the architectural pattern be repeated, would have a severe negative impact on the visual quality (and, ultimately, the viability of the area commercially) of the entire South Ashland commercial district. Fourth, as a result of regarding the Highway 66-South Interchange area as an evolving second urban nuclei, a study needs to be undertaken of Comprehensive Plan and zoning designations as they may affect future development. Such designations should reflect the importance of South Ashland as an urban center, rather than regarding it as a commercial strip bounded by low density residential zones. 2. Findino: The moratorium is without discrimination. Basic Fact: The moratorium affects all structures in the area of sufficient magnitude to have esthetic, lraffic, or overall development pattern impacts. The sole exceptions are structures which must be moved and/or reconstructed as a result of State highway widening activities which have been contemplated for several years, and planning actions or building permits in process as of December ~9, 1978. 3. Findir~q: 7he moratorium is for a specific, limited period (six months), during which the necessary studies and actions shall be undertake'n as quickly as possible, with resulting ordinances in place immediat.ery following the study. Basic Fact: The schedule ~or study and ordinance activities shall be as follows, with maximum effort made to adhere to timelines set forth: a. January 2 and 10, 1979: Discussion by the Citi'zens' Planning Advisory Committee (CPAC) and Planning Commission (PC) of the questions of design review, access, and Plan and zoning designations. Direction given to , staff for preparation of necessary materials. b. February 6 and 14, 1979: Review by CPAC and PC of Staff draft of design review ordinance, solutions to access problems, and mapping of Plan and zone designations. c. Change~ made in materials as directed by PC. d. March 6 and 14, 1979: CPAC and PC public hearings. e. March 28, !979: Additional PC public hearing if necessary. f. April 3, 1979: City Council public hearing on materials from PC. g. April 17, 1979: Additional City Council public hearing if necessary. Firs~ reading of ordinances. h. May 8, 1979: Second Counc Clause. reading of ordinances; passage by emergency i. Additional seven weeks allowed for slippage in case of extra time needed for development, review or public hearings. Should events proceed on schedule, moratorium lifted as of May 9, 1979.