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HomeMy WebLinkAbout1990-036 Final Order - OSFBEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON IN THE MATTER OF CONDITIONAL ) USE PERMIT AND SITE DESIGN ) REVIEW AUTHORLZATION 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: I. Lot I00 on Jackson County Assessor Map 39~ 1E-09 is located at Pioneer and Hargadine Streets. The property is zoned C-I-D, (Commercial-Downtown Overlay). 2. The applicant properly 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~ I~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 1 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 heating 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, following 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 LIST OF EXHIBITS FOR PLANNING ACq'ION #89-149 Staff Exhibit.% lettered with an "S" Proponents Exhibits, lettered with a "P" Opponents Exhibits, lettered with an "O" Notices, Hearing Minutes and Miscellaneous Exhibits, lettered with an "M" S-2 --- S-3 --- S-4 --- P-1 ---' P-2 --- P-6 --- P-7 --- P-8 --- P-9 --- P-10 --- P-II --- P-12 --- Planning Commission Findings from March 14, 1990, meeting. Planning Staff l{¢port, March 14, 1990. Sound Readings, 80 Hargadine St., taken by City Staff. Findings and Orders of Ashland Planning Commission 9/13/89. Applicant's Proposed Findings of Fact and Ct)nclusions. Applicant's Site Plan, Architectural Elevations, Specifications, and Site Planning Information. Downtown Ashland AutoCAD Site Plan with Building IIelghts and Photograph Station Points. Photographs of the Site and Surrounding Area with St~ttion i'oints for P-3 Photographs. 1989 Shakespeare Economic ln$)act 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 lan MacLeod with l?)efinitions of Mansard Roof. 1989 Oregon Shakespeare Festival Allnual Report. Architectural Elevation of Proposed Seating Cover in t'clalio~ to the historic Chautauqua Dome. O-1 --- O-2 --- M-2 M-5--- M-6--- M-10 --- M-Il --- Photographs of the site in Years 1916, 1935, 1947, and 1957. Letter and Resume from Jim Sales regarding Sile Lighting. Lighting Angles Study. Photograph of Color Rendering of Project. Applicant Rebuttal of March 14, 1990 letter from Sharon Thormahlen. Footnote from The Festival StQry: A l listory of the Oregon Shakespearean F~stival, by Verne William Oyler, Jr. (copyright 1971). Letter from Sharon and l'i~ilil) ThormalHen appealing PA89-I49. Letter from Sharon Thormahlen to Ashland Planning Commission concerning FA89-149. 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 listoric Prcscrvution Officer, to Paul E. Nicholson, General Manager Oregon Shakespeare Festival. Letter from Paul E. Nicholson to James M. Ilamrick, l'rcscrvati(m Specialist. Letter from James M. Hamrick to Susan Reid, Ashland City Council. Letter from Shirley Kloss to Ashland City Council. Approval Letter from John Mc~tughlin, Associate l'hmner dated April 12, 1990. Ashland Planning Commission Minutes from March 14, 1990. Asl~land liistoric Com~ission Minutes from March 7, 1990. Letter from James Hamrick to Robert A. Scholl, iJcvclopmeni Director - Oregon Shakespeare Festival. Notice of Public Hearing before the Ashland l'lanni,~g Commission, March 14, ] 9!)0. Affidavit of Notice. M-12 --- M-13 --- M-14 --- Plam~ing Application Form. Letter from Paul Nicl~olson requesth~g postponement o[ PAll9-149. Ashland Historic Coml~ission Minutes from Septes~ber 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 ) FORTHE OREGON SHAKESPEARE ) FESTIVAL ) PLANNING ACTION 89-149 ) ) ) Oregon Shakespeare Festival: Applicant FINDINGS OF FACT AND CONCLUSIONS Final Order Exhibit 'A' I 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 corner of the parcel between Winburn 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. Construction 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 findings of fact herein 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. APPLICABLE LAND DEVELOPMENT ORDINANCE REQUIREMENTS Section 18.32.040(A): Area, width, yard requirements: There are no applicable requirements in the C-1-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-1-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-1-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 defined 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. III CONDITIONAL USE PERMIT STANDARDS SECTION 18.104.040 AZO: CRITERIA: A CONDITIONAL USE PERMIT SHALL 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 WTIJ~ 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 finds 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 defines the qualities 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 findings, 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 requiring 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 FOI J JOWlNG: 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-Il', and 'P-13'. 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/minimal impact criteria, the City Council finds 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 wall 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 Treffinger, 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 pan 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 first 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 demonsu:ate compliance with all relevant city ordinances. B. ALL REQUIREMENTS OF THE SITE REVIEW CHAPTER HAvE BEEN MET. Findings: Refer to Section II. 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 PARALLELING 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 PATI'ERNS 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. LANDSCAPING: LANDSCAPING SHOULD BE DESIGNED SO THAT 50% COVERAGE OCCURS AT INSTALLATION AND THAT 90% LANDSCAPING COVERAGE OCCURS AFTER 5 YEARS. 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. BUILDINGS 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 theau'e. The guideline conflicts with regulations of the zone which specifically exempts C-1-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-1-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 LEAF DROP AND LOW BARE BRANCH DENSITIES ON THE SOUTH SIDES OF BUILDINGS FOR SUMMER SHADE AND WINTER WARMTH. REDUCE THE IMPACT OF WINTER WINDS AND MAXIMIZE THE COOLING EFFECT OF SUMMER BREET~.S. 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 ACCEPTABI.~. CONCRETE AND METAL BUILDINGS THAT WILL 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 ATTENTION 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 theatre is located near Pioneer Street on an open pedestrian plaza. As a basically open-air theatre, the exclusive use of security hardware is not a factor. Public surveillance of the theatre 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 BETFER 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 SURVEILLANCE, 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 till 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-I: CONTINUE THE EXISTING ASHLAND CITIZENS' PLANNING ADVISORY COMMITTEE 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 TIlE 16- MEMBER CITIZENS' 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 ALL 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 III-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 1II-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 SHOULD SPONSOR SEMINARS AND CLASSES TO BETTER INFORM THE PUBLIC. CITY COUNCIL FINDINGS Page 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. WHII.E 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 f'mdings 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 QUARRIES ONTO CONTIGUOUS TAX CHAPTER IH CITIZF~N 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 QUARRIES 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 MINIMIZE 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 runoff 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-II: 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 WATERSHED. 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 1V-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 POLLUTION. Findings: The policy is inapplicable. The site is already developed and no "waterways" traverse the site development area. POLICY IV-19: WHERE POSSIBLE, UTILIZE 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 ALL 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, WILDLIFE 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 CITY STANDARDS. FILLS SHALL 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 confirms this conclusion. POLICY IV-26: ALL EXISTING NATURAL DRAINAGE WAYS DRAINING AN AREA OF MORE THAT 100 ACRES SHALL BE LEFT 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 THEIR 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 LIMITS 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 forested. POLICY IV-29: USE LOW-DENSITY ZONING TO ENSURE THAT DEVELOPMENT OF THE FORESTED HILLSIDES 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 wildf'rre hazard area as identified on the city Physical and Environmental Constraints map. POLICY IV-35: REQUIRE INSTALLATION AND MAINTENANCE OF A 40- FY 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 SHINGLE 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 wildfire 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 currently 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 wildfue hazard area according to the Physical and Environmental Constraints Map, adopted as a part of the comprehensive plan. GOAL: MAKE CONTINUING PROGRESS TOWARD BETI'ER AIR QUALITY. 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 SHALL 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 CITY OF ASHLAND ASSUMES A STRONG AND CONTINUING ROLE IN THE JACKSON COUNTY AIR QUALITY COMMITTEE. 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 Mfiin 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 UTILIZE 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 HEATING 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 sensitiv~ 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 1MPACTS 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 requiting applicant to meet city noise standards ensures compliance with the cited policy. During the public hearings opponents argued that applicant's conclusions regarding noise mitigation were extrapolations of engineering 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 'Po7' 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 1V-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. LIMIT 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 WILL 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, WHILE 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-l-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-1-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 are 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 HILLSIDE 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 SHALL BE USED TO ENCOURAGE INNOVATIVE, NON-STANDARDIZED DESIGN IN SINGLE FAMILY 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.IJ 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-l: 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-l-D) consistent with the comprehensive plan map. POLICY VII-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 WILL 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 SHALL DEVELOP AND IMPLEMENT AN ECONOMIC DEVELOPMENT PROGRAM WHICH WILL ATYEMPT TO INCREASE THE NUMBER, VARIETY AND SITYt. 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 part of the periodic review process. Labor force analysis will be a part 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 SIGNIFICANT 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 currently 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 TI-IE 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 VIII-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 VHI-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 VIII-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-II: EFFORTS SHOULD BE MADE TO ACQUIRE A HILLTOP 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 VIII-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 materials 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 VIII-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 VIII-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 VIII-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 VHI-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 POSSIBLE 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 VHI-26: ESTABLISH, WHERE POSSIBLE, TRAILS ALONG NON-URBANIZED 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 VIII-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 VHI-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 currently 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 VIII-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 f'mdings and supporting exhibits relating to site review standards. No additional signage is proposed, and utilities currently exist underground. POLICY VlII-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 VIII-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 VIII-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 VHI-34: THE VIEW OF POMPADOUR BLUFF, VAN DYKE'S CLIFFS, MT. ASHLAND, GRIZZIJY 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 heating 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 III 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 WITHIN THE URBAN GROWTH 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 LARGE CAPITAL COSTS CAUSED BY GROWTH. FUND 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 WITHIN 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 CITY'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 ATYEMPT 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 SHOULD 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 1N 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 IX-21: ENSURE THAT THE CITY'S EFFORTS TO REMOVE SEDiMENT FROM REEDER RESERVOIR HAVE AS LITTLE 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 wan'anted 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 IMPROVEMENTS TO THE CITY'S STORM WATER SYSTEM AS PART OF THE CITY'S OVERALL CAPITAL IMPROVEMENT PLAN. 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 Lithia 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 SITES 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, DIVERSIFIED, 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-l: 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 ROADS BY FORBIDDING DEVELOPMENT TO OCCUR ON ROADS WHICH ARE UNPAVED AND UNOPENED. 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 CHARACTERISTiCS, GEOLOGIC CONDITIONS, DRAINAGE PAT'FERNS, 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 streets 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 ESPECIALLY WHEN THOSE HAZARDOUS AREA. BETWEEN CONFLICTS TRANSPORTATION TYPES, CREATE A PARTICULARLY 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 ACCESSIBILITY AND CONVENIENCE FOR SCHEDULING AND ROUTING PROGRAMS. SYSTEM TO IMPROVE COMMUTERS THROUGH 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 IMPLEMENTING MASS TRANSIT AND TRANSPORTATION SYSTEMS. Findings: The downtown area in general is served by the Rogue Valley Transit District, (RVTD). Existing bus routes 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 currently 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 (CARPOOLING) 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, SCREENING 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 Xl - ENERGY GOALS: THE CITY SHALL STRIVE, IN EVERY APPROPRIATE WAY, TO REDUCE ENERGY CONSUMPTION WITHIN THE COMMUNITY. THESE REDUCTIONS WILL BE ACHIEVED 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 ATFENTION 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 MATTERS 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 SPECI~C 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) OPTIMAL WEATHERIZATION 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 ACHIEVE 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 COLLECTORS. D) THE CITY SHALL PROMOTE THE USE OF SOLAR, WOOD, HEAT-PUMP OR OTHER RENEWABLE ENERGY WATER HEATING IN NEW HOMES. E) ALL PUBLICLY SUBSIDIZED 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 BUIIJDINGS SHALL INCLUDE THE FOLLOWING INFORMATION: 1) A LIST OF ALL 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 currently 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 SHA!JIJ PROMOTE THE DEVELOPMENT AND COMMERCIALIZATION OF SMALL-SCALE HOME AND NEIGHBORHOOD ENERGY SYSTEMS. Findings: The cited policy is inapplicable. CHAPTER Xll - 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 SHALL 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 CITY'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 proiect, 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-I-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 tracks, 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-1/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 concerning 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 properly 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 ali 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