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Council Communication

Title:	An Ordinance Modifying Chapter 18.40 of the Ashland Municipal Code, Land Use Ordinance, Allowing Theaters and Similar Entertainment Uses as a Conditional Use in the E-1 Zone
Dept:	Community Development
Date:	February 18, 2003
Submitted By:	John McLaughlin, Director of Community Development
Approved By: ...........................	Brian Almquist, Interim City Administrator

Synopsis:	Currently, theaters are not an allowed use in the E-1 zone. A modification to uses in the E-1 zoning district in 1998 inadvertently excluded theaters as a use. This modification would allow theaters as a conditional use. This action was initiated by the Planning Commission by majority vote on November 25, 2002. The Planning Commission held a public hearing on this ordinance amendment on January 14, 2003 at which time they unanimously recommended adoption by the City Council.
Recommendation:	Staff recommends that the Council adopt the ordinance as proposed. There are some theater groups in the community that are waiting for this amendment to become effective in order to apply for conditional use permits to allow for performances in the coming season. Time has been raised as a key factor by these groups. The Council may wish to consider approving first and second reading of this ordinance at this meeting, and declaring an emergency to allow the ordinance to become effective immediately. The ordinance as presented allows for this. If the Council chooses not to declare an emergency, this section may be removed.
Fiscal Impact:	None.
Background:	The ordinance, staff report, and minutes of the Planning Commission meeting are attached.

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ORDINANCE NO. _______

AN ORDINANCE MODIFYING CHAPTER 18.40 OF THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE, ALLOWING THEATERS AND SIMILAR ENTERTAINMENT USES AS A CONDITIONAL USE IN THE E-1 ZONE

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Section 18.40.030.N. Conditional Uses is added to the Ashland Municipal Code and shall read:

"N. Theaters (excluding drive-in) and similar entertainment uses."

SECTION 2. Declaration of Emergency. The council finding that it is necessary for the public peace, health, safety and general welfare, an emergency is hereby declared and this ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor.

The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _____ day of February, 2003, and duly PASSED and ADOPTED this ___ day of __________________, 2003.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this day of , 2003.
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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ASHLAND PLANNING DEPARTMENT STAFF REPORT
January 14, 2003
PLANNING ACTION: 2002-135
APPLICANT: City of Ashland
ORDINANCE REFERENCE: 18.40 - Employment Zone (E-1 )

REQUEST: Modification of Chapter 18.40 of the Land Use Ordinance, allowing theaters and similar entertainment uses as a conditional use.

I. Relevant Facts

Background - History of Application:

The City of Ashland's E-1 zone is designed to aeco~odate a wide variety of uses, from retail commercial to light industrial. The mix of uses allowed has made this zone very successful for new and different businesses. However, since several E-1 zoned areas are in close proximity to residential zones, some uses that may impact those areas have been changed to conditional uses.

In 1998, the City modifed the permitted use of "eating, drinking, entertainment and dancing establishments" to a pcmfitted use of "restaurants" and a conditional use of"nightclubs and bars."

However, reference to entertainment and dancing establishments was inadvertently left out of the amendments.

The recent request regarding the A Street Marketplace Pavilion illustrated the difficulty associated with applying the "nightclub and bars" definition to an entertainment venue. In order to address this, this modification has been proposed.

This action was initiated by majority vote of the Planning Commission at the meeting on November 26, 2002.

Proposed Ordinance:

SECTION 1. Section 18.40.030.N. Conditional Uses is added to the Ashland Municipal Code and shall read:

1.   "N. Theaters (excluding drive-in) and similar entertainment uses."

II. Project Impact

Ashland is a community that is well known for its entertainment and theaters. While the majority of those uses are located within commercial zones (C-I) there are opportunities for additional uses to be appropriately located within the E-1 zone. It is Staff's opinion that the addition of"theaters (excluding drive-in) and similar entertainment uses" as a conditional use in the E-1 zone will further the community's efforts at providing a successful and lively arts scene.

The conditional use permit process will also ensure that the level of review for such uses is appropriate given the surrounding uses.

III. Procedural - Required Burden of Proof

An ordinance amendment such as this is a Legislative Amendment subject to section 18.108.170 of the Land Use Ordinance, which states: "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."

IV. Conclusions and Recommendations

Staff recommends that Planning Commission recommend adoption of the amendments to the E-lzone allowing theaters and similar entertainment uses as a conditional use. It is our belief that the additional review associated with conditional use permits will ensure greater compatibility and reduce potential negative impacts of such uses.

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