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HomeMy WebLinkAbout2011-299 Findings - Pedestrian Places BEFORE THE CITY COUNCIL CITY OF ASHLAND,JACKSON COUNTY, OREGON November 15,2011 In the Matter of Amendments to the City of Ashland ) Zoning Map and Land Use Ordinance Creating ) A Pedestrian Place Overlay Zone, to Include a New ) FINDINGS OF FACTAND Chapter 18.56 Overlay Zones, and to Amend the Site ) CONCLUSIONS OF LAW Design and Use Standards and Land Use Ordinance to ) Implement the Recommendations of Pedestrian Places ) Project. ) PURPOSE: Implement the Recommendations of the Pedestrian Places Project, March 2011. Implementation is achieved by four distinct ordinances: The first ordinance amends the Zoning Map to add a Pedestrian Place Overlay. The second ordinance amends the Land Use Ordinance to add Chapter 18.56 Overlay Zones. Ordinances three and four amend the Site Design and Use Standards and other land use section of Chapter to support the development of concentrations of housing and businesses grouped in a way to encourage more walking, cycling and transit use. PUBLIC HEARINGS: On September 30, 2011, a notice of the Planning Commission and City Council Public Hearings was sent by mail to approximately 675 owners of properties located in and within ''/<of a mile (1,320 feet) of the three study area intersections including N. Mountain Ave./E. Main St., Walker Ave./Ashland St. and Tolman Creek Rd./Ashland St. Additionally, on September 21, 2011, 49 notices were sent to owners of properties located in the Pedestrian Place Overlay that may have the use of the property impacted by the proposed rules in accordance with ORS 227.186. Newspaper notices were published in accordance with AMC 18.108.170.D in The Ashland Daily Tidings on October 1, 2011 prior to the Planning Commission public hearing and on October 11, 2011, on October 21, 2011 prior to the City Council public hearing and first reading of the ordinances on November 1, 2011, and on November 5, 2011 prior to the second reading of the ordinances on November 15, 2011. Notice was also sent to the Department of Land Conservation and Development on August 25, 2011. A Public Hearing was held at the Planning Commission on October 11, 2011. A Public Hearing was held at the City Council on November 1, 2011. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. Findings of Fact and Conclusions of Law Page 1 A. Consistency with City of Ashland Requirements for Legislative Amendments in 18.108.170 B. Consistency with City of Ashland Comprehensive Plan C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 2 Land Use Planning, Goal 9 Economic Development and Goal 12 Transportation EVALUATION AND COUNCIL FINDINGS: A. Consistency with City of Ashland Requirements for Legislative Amendments in Section 18.108.170 18.108.170 Legislative Amendments A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Ashland is projected to grow by approximately 4,621 residents by 2030, and by approximately 2,100 jobs by 2027. In terms of urbanization, the Ashland Comprehensive Plan goal states "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 orderly and sequential development of land in the Findings of Fact and Conclusions of Law Page 2 City limits." The City Council reaffirmed this long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process. To this end, the City of Ashland continues to look for ways to use land more efficiently for housing and businesses in an effort to balance projected population and employment growth with the community goal of retaining a distinct boundary and preventing sprawling development. The Pedestrian Places Project zoning and land use ordinance amendments encourage a mix and intensity of uses around three intersections of main travel corridors so that a portion of the future population and employment can be accommodated within the City limits and the areas developed in a manner that will encourage walking, cycling and transit trips. The planning process made efforts to include a wide range of people including neighbors, property owners, business owners, community groups, and the general public, and to provide a variety of ways to learn about the project, participate in the plan development and, provide comments. The planning process for the Pedestrian Places Project began in October 2010, and involved a series of three public workshops (10/27/10, 12/9/10, 2/22/11), an on-line forum, key participant meetings, and three Planning Commission study sessions (3/29/11, 8/23/11, 9/13/11). The workshops and on-line forum used a three-step process where participants identified the qualities that make a successful pedestrian place, developed vision statements for the three study areas, and reviewed and revised plans illustrating an example of what development might look like in a key . location. The on-line forum (i.e. Open City Hall) coincided with the public workshops, and was used to provide an opportunity for people to learn about the project and submit comments without having to attend a public meeting. Individual meetings with key participants including property owners and business owners were held during the public workshop process in October 2010, December 2010 and May 2011. In advance of each of the public workshops, approximately 675 written notices were mailed to property owners and business owners located within %2 mile radius of the three intersections included in the project. Individual letters and phone invitations were directed to approximately 80 key participants including property and business owners inviting them to individual meetings. Community notices for each workshop were advertised in the City Source and on RV.TV. Flyers were sent to local service groups (e.g. Chamber of Commerce, Rotary) and hand delivered to businesses in core areas around the intersections. Email messages were sent to approximately 35 people from the public workshops and 47 participants from Open City Hall that signed up for future announcements. The Ashland Daily Tidings published an article on the project in December 2010, and the Planning Commission Chair participated in a Jefferson Exchange interview to publicize the project. A project web page, www.ashland.or.us/pedplaces has been maintained throughout the project, and includes the most recent draft materials, meeting announcements, an Open City Hall link, an archive of meeting materials, the public meeting schedule and contact information. The City Council finds that the proposed zoning and land use ordinance amendments are consistent with the requirements for Legislative Amendments in Section 18.108.170. Findings of Fact and Conclusions of Law Page 3 B. Consistency with the Ashland Comprehensive Plan The proposed zoning and land use ordinance amendments are consistent with the goals and policies in the Ashland Comprehensive Plan. The Economic, Housing and Transportation chapters of the Ashland Comprehensive Plan include goals and policies that establish the basis for revising the land use standards to encourage the development of small walkable nodes that provide concentrations of housing and businesses grouped in a way to encourage more walking, cycling and transit use. Specifically, the Comprehensive Plan goals and policies address accommodating future population and employment growth, maintain a compact urban form to facilitate pedestrian and bicycle trips, allowing for a mix of uses and housing types, making streets convenient, safe, accessible and attractive for all users, concentrating housing and businesses with 1/4 to ''/2 of a mile transit routes, and promoting livability in neighborhoods. Economy Goal To ensure that the local economy increases in its health, and diversifies in the number, type and size of businesses consistent with the local social needs, public service capability and the retention of a high quality environment. Policy 2) The City shall design the Land Use Ordinance to provide for: c) Specific development guidelines which will ensure that: 2) Development along Siskiyou Boulevard and Ashland Street will not primarily be automobile-oriented, but will also include attractive landscaping and designs that encourage pedestrian, bicycle, and mass, transit forms of travel. e) Commercial or employment zones where business and residential uses are mixed. This is especially appropriate as buffers between residential and employment or commercial areas, and in the Downtown 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. Policy 3) Regulation of residential uses shall be designed to complement, conserve and continue the aesthetic character of Ashland through use of the following techniques: e) Performance standards shall be used to regulate new development in Ashland so that a variety of housing types built on the site and imaginative residential environments may be used to reduce cost and improve the aesthetic character of new developments and decrease the use of traditional zoning and subdivision standards. Transportation Street System Goal. To provide all citizens with safe and convenient Findings of Fact and Conclusions of Law Page 4 transportation while reinforcing the recognition ofpublic rights-of-way as critical public spaces. Policy 1) Provide zoning that allows for a mix of land uses and traditional neighborhood development, which promotes walking and bicycling. Policy 4) Enhance the streetscape by code changes specific placement of critical design elements such a but not limited to windows, doorways, sigs and planting strips. Policy 7) Design the Land Use Ordinance to ensure Ashland Street is developed as a multi-modal corridor including attractive landscaping, sidewalks, bike lanes and controlled access. Development along Ashland Street shall be compatible with and support a multi-modal orientation. Pedestrian and Bicycle Goal L To provide all citizens with safe and convenient transportation while reinforcing the recognition ofpublic rights-of-way as critical public spaces. Policy 8) Require sidewalks and pedestrian access in all developments. Policy 15) Pedestrian traffic should be separated from auto traffic on streets and in parking lots. Pedestrian and Bicycle Goal III. Emphasize environments which enhance pedestrian and bicycle usage. Policy 1) Maintain and improve Ashland's compact urban form to allow maximum pedestrian and bicycle travel. Public Transit Goal. To create a public transportation system that is linked to pedestrian, bicycle and motor vehicle travel modes, and is as easy and efficient to use as driving a motor vehicle. Policy 2) Zoning shall allow for residential densities and a mix of commercial businesses within walking distance (one-quarter to one-half mile) of existing and planned public transit services which support use of public transportation. The City Council adopted the 2011 Buildable Lands Inventory Update in November 2011 as a supporting technical document to the Ashland Comprehensive Plan. The 2011 Buildable Lands Inventory shows that within the City Limits there is a net availability of nearly 125 buildable acres of land with a commercial designation (C-1, C-1-D, E-1, M-1, and CM). The Economic Opportunity Analysis, also adopted as a supporting technical documents to the Ashland Comprehensive Plan, projected land need of 123.4 net acres by the year 2027. The Pedestrian Place Overlay includes lands in commercial designations (C-1 and E-1), and the land use ordinance amendments provide the flexibility to develop sites at a greater intensity by eliminating a maximum Floor Area Ratio, reducing the required building setback from the street, and allowing less land to be used for surface area parking. As a result, the Pedestrian Place zoning and land use ordinance revisions will allow a portion of the 125 buildable acres of commercially designated lands within the City Limits to be used to a greater potential. Findings of Fact and Conclusions of Law Page 5 The City Council finds that the proposed zoning and land use ordinance amendments are consistent with and implement applicable Ashland Comprehensive Plan Goals and Policies. C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Coal 9 Oregon Statewide Planning Goal 2 — Land Use Planning, as well as Chapter 197 of the Oregon Revised Statues require a land use planning process and policy framework as a basis for all decision and actions related to use of land. Specifically, plans and implementation measures such as ordinances controlling the use and construction are permitted as measures for carrying out Comprehensive Plans. As detailed in the previous section, the Pedestrian Places zoning and land use ordinance amendments implement a number of goals and policies included in the Economic, Housing and Transportation chapters of the Ashland Comprehensive Plan. Oregon Statewide Planning Goal 9 — Economic Development requires cities and counties to address providing adequate opportunities for a variety of economic activities for residents. The Pedestrian Place Overlay allows neighborhood .scale commercial uses including stores, shops and restaurants in the N. Mountain Ave./E. Main St. location, whereas these commercial uses were not previously permitted in the underlying High Density Multi- Family Residential zoning district. Oregon Statewide Planning Goal 10 —Housing requires cities and counties to provide for the housing needs of citizens of the state, including a range of types and price/rent levels, and allowing for flexibility of housing location, type and density. While the properties located in the Pedestrian Place Overlay had zoning in place prior to the Pedestrian Place amendments that allows for residential densities of 20 to 30 units per acre, the ordinance amendments allow for flexibility in site and parking design that may facilitate a multi-story and mixed use housing type that is not currently present in the Overlay locations. Oregon Statewide Planning Goal 12 —Transportation, as well as OAR 660-012-0000 the "Transportation Planning Rule," require transportation planning to be in coordination with land use planning. Additionally, the rule requires local governments to adopt land use regulations that address a variety of land use and transportation issues, including the following items that are directly related to the proposed Pedestrian Place amendments. • In Metropolitan Planning Organization (MPO) areas, local governments are required to adopt regulations to reduce reliance on the automobile, specifically by allowing transit—oriented developments (TODs) on lands along transit routes. The Pedestrian Place zoning and land use ordinance amendments are specifically Findings of Fact and Conclusions of Law Page 6 designed to provide the flexibility to develop sites at a greater intensity and with a mix of uses by eliminating a maximum Floor Area Ratio, reducing the required building setback from the street, allowing neighborhood scale commercial uses in residentially-zoned properties in the Pedestrian Place Overlay and allowing less land to be used for surface area parking. • In MPO areas, local governments are required to either adopt a parking plan that reduces parking spaces per capita, or revise ordinance requirements to: • reduce minimum off-street parking requirements for non-residential uses, • allow provisions of on-street parking, long-term lease parking and shared parking to meet minimum off-street parking requirements, establish off- street parking maximums in appropriate locations, • exempt structured parking and on-street parking from parking maximums, and • require parking lots over 3 acres in size to provide street like features along major driveways. The Pedestrian Place zoning and land use ordinance amendments promote using land more efficiently by allowing a one-for-one credit for on-street parking spaces adjacent to a project, requiring on-street parking space dimensions in conformance with the state model code requirements, providing parking management strategies such as alternative vehicle parking, shared parking and transit facilities to reduce overall off-street parking requirements by up to 50% closer to the street, requiring pedestrian access and circulation throughout development sites, and requiring parking lots of 50 space or more to be divided into separate areas and provide street-like features. • Adopt regulations requiring on-site facilities which accommodate safe and convenient pedestrian and bicycle access from within new subdivisions, multi- family developments, planned developments, shopping centers, and commercial districts to adjacent residential areas and transit stops, and to neighborhood activity centers with one-half mile of development. • Adopt regulations requiring new office parks and commercial developments to provide internal pedestrian circulation through clustering of buildings, construction of accessways and, walkway and similar techniques. The Pedestrian Place zoning and land use ordinance amendments accommodate safe and convenient pedestrian and bicycle access by providing a on-site circulation system addressing pedestrian, bicycle and vehicle access and circulation, requiring a walkway system throughout development sites that link building entrances, off-site adjacent sidewalks, parking areas, trails, public parks and open space areas, providing crosswalks in driveways and parking lots and accessible routes, providing pedestrian scale lighting throughout the site, and dividing parking lots of 50 space or more into separate areas with street-like features. The City Council finds that the proposed zoning map and ordinance amendments are consistent with the applicable Statewide Planning Goals. Findings of Fact and Conclusions of Law Page 7 OVERALL COUNCIL CONCLUSIONS The City Council finds and determines the approval criteria for this decision have been fully met, based on the detailed findings set forth herein and the detailed findings and analysis of the Planning Commission,together with all staff reports, addenda and supporting materials in the whole record. Specifically the Council finds that the proposed amendments are consistent with City of Ashland requirements for Legislative Amendments in 18.108.170. The Council finds that the proposed amendments are consistent'with the Ashland Comprehensive Plan. The Council finds and determines that the proposed amendments are consistent Oregon land use laws and regulations including Oregon Statewide Planning Goal 2 Land Use Planning, Goal 9 Economic Development and Goal 12 Transportation. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of the following amendments to the Zoning Map and Ashland Land Use as reflected in four distinct ordinances: • The Ashland Zoning Map is amended to add the Pedestrian Place Overlay. • Chapter 18.56 Overlay Zones is added to the Ashland Land Use Ordinance. • The Site Design and Use Standards in Chapter 18.72 Site Design Review are amended to implement the recommendations of the Pedestrian Places Project. • AMC 18.08, 18.12.020, 18.68.050, 18.72.030, 18.72.080, 18.72.090, 18.88, 18.88.080, 18.92, 18.108.040, 18;108.060 and 18.108.080 are amended to implement the recommendations of the Pedestrian Places Project. Ashland City Council Approval 11�5�r J hn tromberg, Mayor Date Signature authorized and approved by the full Council this 15th day of November, 2011 Attest: ryry// rbara Christensen, City Recorder Date L proved as to form: l • l2P i avid Lohman, Ashland City Attorney Date Findings of Fact and Conclusions of Law Page 8