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HomeMy WebLinkAbout1993-024 Findings - HospitalBEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND JACKSON COUNTY OREGON In the matter of a request for comprehensive plan map and zoning map amendments to change the zoning of the area around Ashland Community Hospital from R-2 (Multi-Family Residential) to HC (proposed Health Care Zone). Also included is an amendment to Land Use Ordinance adopting a new for the HC zone (18.54). APPLICANT: CITY OF ASHLAND Planning Action 92-048 FINDINGS, CONCLUSIONS AND FINAL DECISION 1. NATURE OF THE APPLICATION The application is made up of three specific, concurrent requests: 1.1. Request for a comprehensive plan map amendment~from public facilities and multi-family residential to health care for the area surrounding Ashland Community Hospital (indicated on Attachment "A"). 1.2. Request for a zoning map amendment from R-2 to HC for the area surrounding Ashland Community Hospital (indicated on Attachment "B"). 1.3. Request for amendment of the Ashland Land Use Ordinance (ALUO) adopting a new chapter - HC - Health Care Services District (ALUO Chapter 18.54, see Attachment "C"). The Ashland City Council, following proper public notice, held a public hearing on December 15, 1992 at which time testimony was received and exhibits were presented. The council approved all requests submitted. 2. APPROVAL CRITERIA 2.1. The above referenced requests are all Type III Planning Actions as defined in the Ashland Land Use Ordinance (ALUO) and subject to the criteria for approval found in ALUO § 18.108.060 B. ALUO §18.108.060.A defines Type III procedures: "The following actions shall follow the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map. 2. Zoning Ordinance text amendments, additions or deletions. 3. Comprehensive Plan Map Changes or Amendments. 4. Comprehensive Plan text amendments, additions or deletions. 5. Annexations. 6. Urban Growth Boundary Amendments." PAGE 1-FINDINGS, CONCLUSIONS AND DECISIONS 2.2. The criteria for approval of a Type III planning action are found in ALUO § 18.108.060.B.1: "Type III following a) b) c) d) amendments may be approved when one of the conditions exist: A public need, supported by the Comprehensive Plan. The need to correct mistakes. The need to adjust to new conditions. Where compelling circumstances relating to the general public welfare require such an action." 3. EXHIBITS. Ail matters of record for this application, including previous hearings conducted before the Ashland Planning Commission, are incorporated herein by reference. For purposes of these findings, the attached index refers to exhibits, data, and testimony incorporated in the record and considered by the council in its decision. 4. TESTIMONYt EVIDENCE, AND FINDINGS 4.1. The first request involves the adoption of an amendment to the Comprehensive Plan Map of the City, changing the area around and including the hospital campus from Public Faoilities and Multi-Family Residential to Health Care Services. 4.1.1. The Ashland Comprehensive Plan, Policy VII- 2.e., page VII-25, states: "The City shall design the Land Use Ordinance to provide for: Medical uses as permitted uses in a desiqnated, zoned area surrounding the Hospital and Maple Street." (Emphasis added. ) This policy of the Comprehensive Plan directs the city, through compulsory language, to designate a specific area surrounding the hospital for medical uses as permitted uses. The council finds that the designation of the area delineated on Attachment "A" is an area surrounding the Ashland Community Hospital including portions of Maple Street. By designating this area as Health Care in conjunction with the adoption of the Health Care Services district, medical uses will become permitted uses within the designation. This designation therefor accomplishes this purpose and complies with the purpose and intent of the policy. 4.1.2. The text of the comprehensive plan, Chapter VII, page 21, states: "There also exists a need to permit some conversion of residential land surrounding Ashland Community Hospital to take the best advantage of medically related jobs. Such PAGE 2-FINDINGS, CONCLUSIONS AND DECISIONS businesses, such as doctors and other medical specialists, and specialty sales such as pharmacies are best located in proximity to the Hospital. This not only encourages the growth of these well paying service sector jobs, it also enhances medical services in the community and reduces traffic by placing similar facilities within walking distance of each other. This area already has a commitment to the Hospital, as a conversion from residential to commercial has taken place over the last 20 years. The needs of the medical community to expand in this area must be evaluated, and an area designated with zoning that will allow medical uses outright, retaining a higher degree of landscaping than commercial areas, and facilitating the pedestrian communication between uses in this area and hospital." The council finds that the comprehensive plan identifies a public need to enhance medical services as part of supporting the economy of the community, as well as providing medical services to its citizens. The area designated in Attachment A is now zoned public facilities (the hospital campus) and residential (the sections outside the hospital campus). By designating the area delineated in Attachment A for Health Care and adopting the Health Care Services district for this area, the conversion of residential land surrounding the hospital to medically related jobs can occur, in accordance with the comprehensive plan provision quoted above. The HC zone permits, as more specifically noted below in section 4.2.1, medically related jobs such as doctors and medical specialists (§18.54.020.C) and medically related sales (§18.54.020.F) in close proximity to the hospital. See the zoning map, Attachment B, which indicates that the properties to be zoned HC are no farther away from the hospital than the width of the streets surrounding the hospital. The needs of the medical community to expand in this area have been evaluated as indicated in the "Master Facilities Plan For the Ashland Community Hospital" (further referred to as the "master plan"), Applicant's Exhibit 1. The council finds the information in this plan, together with the testimony by James Watson, Ashland Community Hospital Administrator, Dr. John Maurer, a physician with offices across Maple from the hospital, Stephen Lunt and Frank Billovits, members of the Ashland Community Hospital board, persuasive and uncontradicted as to the need for expansion. The hospital master facilities plan indicates that the hospital consultants "identified the need for hospital modernization/expansion based on priorities established in the Ashland Community Hospital Strateqic Plan (Brim Healthcare, Inc., 1990) and an internal needs assessment survey conducted by the consultants" including the need for acquisition of additional property. Master Plan, page 1. The master plan PAGE 3-FINDINGS, CONCLUSIONS AND DECISIONS plus the testimony of those noted above is credible uncontradicted evidence that evaluation of the needs of the medical community has occurred. While Ben Benjamin submitted a copy of letter he had written to the Ashland Daily Tidings indicating that "there is no adequate justification of the need for this particular zone change," we do not interpret that statement to mean there was no need for the medical community to expand. His statement was made in the context that "medical facilities can be built under the current zoning and 'conditional use procedure.'" See opponents' Exhibit 1. Benjamin did indicate in this letter that "there appears to be a lot of available real estate along North Main for medical facilities." He did not indicate what properties were available, what their zoning was or whether they were developed for other uses. We know that North Main is several miles long and its closest location to the hospital is two blocks. See Staff Exhibit 7. In any case, this statement does not indicate there is ne need for medical expansion, only that expansion could occur at some distance from the hospital. We interpret the text of the comprehensive plan, Chapter VII, page 21, quoted immediately above, as not referring to properties on North Main when it speaks of "the needs of the medical community to expand in this area." The term "this area" refers to the "residential land surrounding" the hospital. We find that real estate along North Main is not residential land surrounding the hospital. We interpret Benjamin's comments in this letter to mean that there is no public need for the proposed zone change. He quotes the criteria, however, as permitting zone changes "when there exists a public need." As noted above in section 2.2, however, this particular criterion in ALUO § 18.108.060.B.l.a is a "public need, supported by the Comprehensive Plan." (Emphasis supplied.) Benjamin has not disputed that the comprehensive plan indicates a public need for this particular zone change. The council concludes that adoption of a comprehensive plan map designation of Health Care, ultimately allowing for the adoption of a specific land use designation permitting medical uses as permitted uses in the proximity of the hospital is a public need, supported by the comprehensive plan. 4.2. The second request involves the adoption of a zoning map amendment from R-2 to HC for the area surrounding Ashland Community Hospital. 4.2.1. The Ashland Comprehensive Plan, Policy VII-2.e, page VII-25, states: "The city shall design the Land Use Ordinance to provide for: PAGE 4-FINDINGS, CONCLUSIONS AND DECISIONS Medical Uses as permitted uses in a designated, zoned area surrounding the Hospital and Maple Street." (Emphasis added.) This policy of the Comprehensive Plan directs the city, through compulsory language, to zone a specific area surrounding the hospital for medical uses as permitted uses. The HC zone permits outright in §18o54.020 the following uses which we find to be medical uses within the meaning of the plan policy quoted above: "C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioners; midwives; dietitians; psychologists; opticians; physical and occupational therapists; substance abuse councilors; chiropractors; and wellness centers, including nutritional counselling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City of Ashland by ordinance." 4.2.2. The council finds that the criterion for approval of such a change, as indicated previously, is a "public need, supported by the Comprehensive Plan." See ALUO §18.108.060.B.1 quoted in section 2.2 above. The plan language from Chapter VII quoted in section 4.1.2 above applies equally to the zone change request, and indicates a public need to adopt a zone allowing for medical uses as a permitted use within the area around Ashland Community Hospital. 4.2.3. Chapter II of the Ashland Comprehensive Plan, entitled "Introduction and Definitions" discusses the comprehensive plan map, and its relation to the zoning map. Specifically, this chapter states: "According to State law, zoning decisions must be in agreement with the Plan map, meaning they cannot be of greater density or intensity than allowed on the Plan map. They may, of course, be of lesser intensity." See p. II-4, Ashland Comprehensive Plan. The council finds that the adoption of the HC zoning PAGE 5-FINDINGS, CONCLUSIONS AND DECISIONS designation for this area provides "agreement" with the Health Care designation for the Comprehensive Plan map, and further implements the goals and policies of the Comprehensive Plan, specifically Policy VII-2.e. 4.3. amendment chapter - The third request involves the adoption of an to the Ashland Land Use Ordinance (ALUO) adopting a new HC - Health Care Services District (18.54). 4.3.1. The Ashland Comprehensive Plan, Policy VII-2.e states the following: "The city shall design the Land Use Ordinance to provide for: Medical Uses as permitted uses in a designated, zoned area surrounding the Hospital and Maple Street." (Emphasis added. ) This policy of the Comprehensive Plan directs the city, through compulsory language, to allow for medical uses as permitted uses within the land use ordinance. The council finds that the adoption of a new chapter of the ALUO specifically entitled "HC-Health Care Services District" which allows for medical uses as permitted uses in the HC zone complies with the purpose and intent of this policy. 4.3.2. The council finds that the criteria for approval of such an ordinance change, as indicated previously, "a public need, supported by the Comprehensive Plan." is Chapter VII, page 21 of the comprehensive plan states: "There also exists a need to permit some conversion of residential land surrounding Ashland Community Hospital to take the best advantage of medically related jobs. Such.businesses, such as doctors and other medical specialists, and specialty sales such as pharmacies are best located in proximity to the Hospital. This not only encourages the growth of these well paying service sector jobs, it also enhances medical services in the community and reduces traffic by placing similar facilities within walking distance of each other. This area already has a commitment to the Hospital, as a conversion from residential to commercial has taken place over the last 20 years. The needs of the medical community to expand in this area must be evaluated, and an area desiqnated with zoninq that will allow medical uses outriqht, retaininq a higher degree of landscaping than commercial areas, and facilitatinq the pedestrian communication between uses in this area and hospital." (Emphasis added.) PAGE 6-FINDINGS, CONCLUSIONS AND DECISIONS Landscaping requirements for commercial areas are 15% of total developed lot area. See ALUO § 18.72.110.A. Landscaping requirements for the HC zone are 35% of the total developed lot area. See proposed ALUO § 18.54.040.G ("Maximum Coverage: Maximum lot coverage shall be 65%") and § 18.54.050 ("Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone shall apply." The standards for landscaping in the R-2 zone require 35%. See ALUO § 18.72.110.) The council finds that the'proposed HC ordinance allows for medical uses outright, yet maintains the landscaping standards of the R-2 multi-family residential district, ensuring a higher degree of landscaping than normal commercial uses. Further, all office developments are subject to compliance with the Site Design and Use Standards (Chapter 18.72) requiring the consideration of pedestrian access for all applications. 4.3.3. The council finds that the proposed new ordinance will allow a more predictable process for the placement of medical services in this area, and will work towards encouraging developing this sector of the Ashland economy. Chapter VII, page 12 of the comprehensive plan states: "General Land Use Philosophy Zoning should encourage a heterogeneous mixture of uses, including, where appropriate, residential uses. While residential uses are appropriate, is some areas, those areas reserved for heavier industrial uses should be identified exclusively for economic activities. In addition to the existing centers of economic activity, small, neighborhood scale retail areas, and small employment uses should be permitted to mix with high density residential uses in areas that are impacted with heavy traffic." The council finds that the new ordinance will allow for both medical uses and residential uses as permitted uses in this new HC zone, encouraging a "heterogeneous mixture of uses." 4.3.4. Ashland Comprehensive Plan Chapter VII, page 12, further states the following: "Finally, Ashland's private sector functions best when there are clearly defined rules stating what can and cannot be done. The City's regulations should strive to provide clear guidance, and assure that most decisions are predictable, clear, and based on objective, measurable criteria. "Ashland's current regulations can be characterized as rigorous, and the public process PAGE 7-FINDINGS, CONCLUSIONS AND DECISIONS for achieving approval can be daunting. While most would agree that Ashland's land use regulations should protect the public interest and assure quality development, the current process is in need of reform. What is needed is clearer, more objective standards that involve less discretion, especially in the realm of land use approvals in the land use process. The uncertainty of the planning process is more harmful to economic development than even a rigorous set of definitive regulations. Entrepreneurs are already beset with a large risk in starting or moving a business, and uncertainty in the City's process will chill the expansion of business in the City. The City should revise its regulations and develop standards which clearly delineate the proper realm for public regulation, and to provide a predictable outcome to the approval process when standards are met." Policy VII-2.f, page VII-25 of the comprehensive plan states: "The city shall design the land use ordinance to provide for: Clear and objective standards for development reviews that provide for a quick and predictable approval process with a reduced amount of uncertainty." The council finds that the adoption of the proposed Chapter 18.54 meets the requirements of policy VII-2.f0 and provides "clearer, more objective standards that involve less discretion, especially in the land use process." The council finds that the adoption of the chapter furthers the goals and policies of the Economic Development Chapter of the Comprehensive Plan, Chapter VII. 4.4. The council, during the public hearing, heard testimony from Mr. Ben Benjamin regarding concerns over citizen involvement. The council finds that the proposed Comprehensive Plan Map, Zoning Map, and Land Use Ordinance text modifications have been adequately noticed and opportunities for involvement have been provided. Specifically, the Goal of Chapter III, citizen Involvement, states as follows: "GOAL: To maintain a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process." Policies 3 and 4 implementing this goal are as follows: "3) Ensure in the future that all citizens are given the opportunity to contribute their views to PAGE 8-FINDINGS, CONCLUSIONS AND DECISIONS planning issues through the public hearing process. 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 better understood by the public." 4.4.1. The council finds that the following meetings were held allowing public comment regarding the proposed changes outlined above: Neighborhood Meeting 11/13/91 Neighborhood Meeting 2/12/92 Planning Commission Study Session 2/25/92 Historic Commission Public Hearing 4/ 8/92 Planning Commission Public Hearing City Council Hearing 5/13/92 12/15/92 (300 notices mailed) (300 notices mailed) (newspaper notice) (300 notices mailed, newspaper notice) (300 notices mailed, newspaper notice) (300 notices mailed, newspaper notice) Further, all proposed uses allowed within the HC zone, other than the development of a single family residence, will require public notice and the opportunity for a public hearing because such uses will require a site review under ALUO § 18.72.070. The Citizen Involvement Goal does not require that all or any use be subject to the conditional use procedure. Indeed, in this case, we have found, as indicated above, that these medically related uses are to be permitted outright. We find that two neighborhood meetings and three public hearings satisfies the requirements of the citizen involvement goal. In addition, the public will have ample opportunity to comment and become involved with all proposed development within the HC zone through the site review process. 4.5. Additional objections were made by neighbors during the hearings process regarding traffic problems. As noted in section 4.1.2, plan text at page VII-21 indicates by designating this area for health care services it would reduce "traffic by placing similar facilities within walking distance of each other." Further, before any development could occur (other than single family residential), the traffic impacts will have to be evaluated, with the burden on the developer to show that the streets have adequate capacity to service the development. This requirement is imposed on all such development through the city's PAGE 9-FINDINGS, CONCLUSIONS AND DECISIONS site review process in ALUO Ch. 18.72. See especially ALUO ~18.72.070: "Criteria for Approval. The following criteria shall be used to approve or deny (a development) application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and throuqh the subject property." (Emphasis added.) We are not persuaded that traffic problems will arise as a result of these approvals. We find traffic impacts may be lessened by this approval as stated in the comprehensive plan and that any traffic problems which may arise from development under these approvals will be resolved through the city's site review process. 5. Decision. Based on the entire record and testimony received on these matters, the council decides that the request for a comprehensive plan map amendment from public facilities and multi-family residential to health care; the request for a zoning map amendment from R-2 to HC; and amendment of the land use ordinance adopting a new chapter titled "HC Health Care Services District" (Chapter 18.54) are approved. Approved and adopted by the city counc~Lpon February 16, May~or Attest-City Recorder 1993. PAGE 10-FINDINGS, CONCLUSIONS AND DECISIONS ATTACHMENTS 1.1. Request for a comprehensive plan map amendment from public facilities and multi-family residential to health care for the area surrounding Ashland Community Hospital (indicated on Attachment "A"). 1.2. Request for a zoning map amendment from R-2 to HC for the area surrounding Ashland Community Hospital (indicated on Attachment "B"). 1.3. Request for amendment of the Ashland Land Use Ordinance (ALUO) adopting a new chapter - HC - Health Care Services District (ALUO Chapter 18.54, see Attachment "C"). PAGE Ii-FINDINGS, CONCLUSIONS AND DECISIONS EXHIBIT "A" COMPREHENSIVE PLAN EXISTING PROPOSED L EXHIBIT "B' ZONING EXISTING PROPOSED EXHIBIT "C" Chapter 18.54 HC HEALTH CARE SERVICES ZONE Sections: 18.54.010 Purpose 18.54.020 Permitted Uses. 18.54.030 Conditional Uses. 18.54.040 General Regulations. 18.54.010 Purpose. This district is designed to provide the type of environment suitable for the development of health related services and residential uses, and related activities, while reducing the conflicts between uses through appropriate design. 18.54.020 Permitted Uses. The following uses and their accessory uses are permitted outright: A. Residential uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioners; midwives; dietitians; psychologists; opticians; physical and occupational therapists; substance abuse councilors; chiropractors; and wellness centers, including nutritional counselling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City of Ashland by ordinance. 18.54.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Limited personal service providers in the home, such as beauticians and masseurs. B. Travelers' accommodations, subject to the requirements of the R-2 zone. C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. D. Any medically-related use, located on City-owned property, that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. 18.54.040 General Regulations. A. Minimum lot area: Minimum lot area shall be 5,000 square feet. B. Minimum Lot Width: Minimum lot width shall be 50 feet. C. Minimum Lot Depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be more than two-and one-half times its width. D. Standard Yard Requirements: Front yard, 20 feet; side yards, six feet; rear yard, 10 feet, plus 10 feet for each story in excess of one story. The side yard of a corner lot abutting a public street shall be 10 feet. In addition, the setbacks must comply with Section 18.70 of this title which provides for solar access. E. Spe~:ial Yards - distances between buildings: 1. The distance between any principal building and accessory building shall be a minimum of 10 feet. 2. An inner court providing access to a double-row dwelling group shall be a minimum of 20 feet. F. Maximum height: No structure shall be over 35 feet in height. G. Maximum Coverage: Maximum lot coverage shall be 65%. 18.54.050 Other Regulations Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone shall apply.