HomeMy WebLinkAbout1993-003 Findings - WertepnyBEFORE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
January 5, 1993
IN THE MATTER OF PLANNING ACTION #92-094, REQUEST FOR
ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL
VEHICLE PARKS AS A CONDITIONAL USE IN THE E-1 ZONE
(CHANGE TO 18.40 OF THE ASHLAND MUNICIPAL CODE).
APPLICATION ALSO INVOLVES A CONCURRENT REQUEST FOR A
CONDITIONAL USE PERMIT TO ALLOW THE LOCATION OF A
RECREATIONAL VEHICLE PARK AT THE SOUTH END OF CLOVER
LANE.
APPLICANT: RUDOLPH J. WERTEPNY
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) FINDINGS,
) CONCLUSIONS
) AND ORDERS
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RECITALS:
1) Tax lots 703, 900, 1000, 1100 of 391E 14 are located at the south
end of Clover Lane and are zoned E-i; Employment.
2) The applicant is requesting a zoning ordinance text change to allow
recreational vehicle Parks as a conditional use in the E-1 Zone and
approval of a conditional use permit to allow the location of a
recreational vehicle park on the property. Site improvements are
outlined on the site plan on file at the Department of Community
Development.
3) The~criteria for approval of a Type III amendment (zoning ordinance
change) are as follows:
Type III amendments may be approved when one of the following
conditions exist:
a)
A public need, supported by the Comprehensive Plan.
The need to correct mistakes.
c) The need to adjust to new conditions.
d) where compelling circumstances relating to the general public
welfare require such an action.
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4) The City Council, following proper public nOtice, held a Public
Hearing on January 5, 1993, at which time testimony was received and
exhibits were presented. The city Council denied the application,
finding that the proposal failed to meet the burden of proof for a Type
III amendment.
Now, therefore, the City Council of the City of Ashland finds, concludes
and orders as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
"M".
Ail items introduced during the hearings process and included in
the record for this action are hereby incorporated into this
decision and made a part of this record.
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal for a zoning
ordinance text change to allow recreational vehicle parks as a
conditional use in the E-1 Zone does not meet the criteria of
approval for a Type III amendment outlined in ChaPter 18.108.060 B.
2.3 The City Council does not find evidence in the record which
clearly demonstrates that there exists a public need, supported by
the Comprehensive Plan, for recreational vehicle parks in the City
Limits. The Council believes that a recreational vehicle park is
more similar to many rural uses, due to the large land area
required for the use, the lack of permanent structures, and the
relatively low number of employees generated per acre.
2.4 While recreational vehicle parks are not an allowed use within
the City of Ashland, the.Jackson County zoning cOde allows for the
location of recreational vehicle parks as a conditional use within
the Open Space Reserve (OSR) and Interchange Commercial (IC) zoning
districts. Both such zones are within close proximity to the City
of Ashland.
2.5 The Council finds that the proposal is inconsistent with Plan
policy and methodology for projecting commercial land needs of the
City. The project site, consisting of 7.5 acres, would generate far
less than 10 employees per acre as recommended in the Comprehensive
Plan. Testimony by owner/manager's of Holiday and KOA recreational
parks estimate a total employment of four full-time employees per
park. Consequently, the Council finds that encouraging uses which
require an extensive amount of land, while generating little
employment, will eventually put pressure on the City's compact
urban growth-boundary.
2.6 The Council finds that by allowing a recreational park at this
site, a significant amount of land with unique locational
characteristics, due to its close proximity to Interstate 5, would
be eliminated from the City's commercial lands inventory. The
Council believes this property would be particularly suitable for
businesses relying on frequent truck freight service, which require
a location next to the freeway to avoid cross town travel.
Therefore, the Council finds that maintaining the availability of
the property for such uses would be consistent with the goals and
policies of the Economy Element of the Comprehensive Plan.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council.concludes that the request for a zoning ordinance text change to
allow recreational vehicle parks as a conditional use in the E-1 Zone is
not supported by evidence contained in the whole record. Therefore, the
subsequent requests of the applicant to adopt a new ordinance regarding
recreational vehicle park development standards, and a specific request
for a conditional use permit to develop a recreational vehicle park at
the south end of Clover Lane are also denied, due to the failure of the
applicant to meet the burden of proof establishing recreational vehicle
parks as an allowable use within the E-1 zone of the City of Ashland.
The Ashland City Council hereby denies Planning Action 92-094 in its
entirety.
Nan E. F~ranklin
City Recorder
SIGNED and APPROVED this day of
, 1993.
Catherine M. Golden
Mayor