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http:// --> Ashland, Oregon HOME Valley & State Sports Nation & World Opinion/Editorial Classifieds Business Columnists Local Issues Obituaries Weather Archive Revels Etcetera Backpage Hot Topics Most Viewed Forum Photo Galleries Video Readers Polls O-Zone Online Games Movie Preview Special Sections Real Estate Guide Menu Guide Shakespeare Subscribe Contact Us Rate Card Place an Ad Top Galleries: January 26, 2007 Setback blues By Robert Plain Ashland Daily Tidings For years now it has vexed the planning process in Ashland. Some think it's an irrelevant item in the city's building code that has no relationship to proper planning. Others see it as the letter of the law, that can be used to squelch developments that aren't in the community's overall best interest. It's a 20-foot setback that is an often disregarded portion of Ashland's land use ordinance. A setback is a requirement that new development must be built a certain distance from the property line. This setback is used, in part, to "afford better light, air and vision on more heavily traveled streets." 18.68.050 of Ashland's land use code states, "front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the C-1-D district." Arterial streets, or major roadways, in Ashland include Main Street, Lithia Way, Siskiyou Boulevard and Ashland Street. The enforcement of the setback has wavered over the years. Lithia Way Photo by Orville Hector | Daily Tidings In 2003 when the new fire station was built, the setback was ignored. Then planning director John McLaughlin said in an e-mail at the time, "This ordinance is out-dated. I'm sure this will raise concern from Philip Lang and possibly others about disregarding ordinances, but I don't see the merit in this particular code." Then came Northlight, and the city changed its mind on the setback. The 20 foot setback was used by planning activists last year to help derail this controversial project, slated for the northeast side of Lithia Way. The applicants were told at the beginning of the process that the ordinance would not apply, but when activists brought it up Ashland's legal staff agreed with them. Complicating the setback issue on that project was the fact that the downtown district is explicitly exempt from the setback. However, the technical designation of the downtown area is divided in the middle of Lithia Way, with the southwest side being downtown and the other side not. Colin Swales, a planning activist and former planning commissioner who opposed Northlight, thought the setback should be enforced because there was a sentiment to make Lithia Way more of a boulevard, with a streetscape median in the middle, a bike path and sidewalk cafes. "If the city wanted to put in even a park row, we'd be stuffed," he said. "We haven't had the discussion about what we want our main arterials to look like." But George Kramer, a former historic commissioner who acted as a consultant to the Northlight project, thought a street redesign was unlikely. He also thinks the setback is a throwback to a time when cities were designed around the automobile. "Modern land use planning tells us that buildings right up the street give us a sense of enclosure that is incredibly conducive to pedestrian activity," he said. "As it applies to new construction, it puts the parking and the cars in back. The 20 foot setback, he said, is "bad planning. That's why the city ignored it for so long." Now the 20 foot setback is back. At the last planning commission hearing, it was raised in regards to two projects: an office building on North Main Street that is slated to be closer to the road than the setback ordinance allows, and the subdivision of the same parcel once slated to become the Northlight project. David Stalheim, Ashland's new planning director, wasted no time in offering his opinion on the setback as it applies to Lithia Way. "In the downtown area, it doesn't make sense from an urban design standpoint," he said. "To me it would look like suburbia." Stalheim said the setback, as it relates to downtown, will likely be changed when the land use code is amended, a process that has been on-going for the last several months. Swales said, "If we as a community want take another look at that, let's have the conversation. But let's not ignore the law, or bend it." The Lithia Way subdivision, which would split the Northlight lot into seven separate buildable parcels, would likely not come before the planning commission before the land use ordinance revisions are completed. Stalheim is not as sure about North Main Street. "Downtown is an easier question to answer than North Main Street," he said. Because North Main Street could require a bike lane at some point in the future, he was not sure that the setback should be scrapped there. "I don't know the answer to North Main Street," he said. "There might not be a very prescriptive path to follow there." Swales agreed, saying that more development on North Main squeezed close to the road would make this road less pedestrian friendly. "The road was designed for stagecoaches," he said. "Now there are 14,500 vehicle trips on it every day. [The setback would] make it a nicer pedestrian environment." The project currently before the planning commission on North Main Street has requested a variance from the setback and staff has endorsed its approval. Stalheim said without the variance the developer might be forced into "a design that would be less beneficial to the city." Staff writer Robert Plain can be reached at 482-3456 x. 226 or [email protected] Current Comments: Thanks Colin, Phil, Art, Bill, Cate and Eric. This article is telling about how each of you consider your own values (stop "change" at all costs!!) over the community's values. Colin, you're from Europe? Please move to Los Angeles. Justsaynoericncate - Ashland - January 26th, 2:03 PM For nearly 30 years Ashland has worked to develop the north side of Lithia Way to match the vibrant pedestrian character of Main Street between the Plaza and the Library. The idea that Northlight should have been set back 20 feet was nothing more than the last-ditch effort by those who just wanted to kill the project because they could. Doing so was just bad planning. To keep that chestnut in the code and continue to follow its out-dated precept just compounds that error. George Kramer - Ashland, OR - January 26th, 3:54 PM Planning Activists - Colin? That would infer he actually has an understanding about land use planning. Just because you know the "code book" doesn't necessarily mean you know "planning". Go to Medford if you want to see code book planning. bliss - Ashland - January 26th, 4:52 PM I'm not a fan of the Northlight project, but as the photo shows, that part of Lithia Way is already a broad 2-lane one-way with a generous bike lane, and has never been much more than a "back door" and bypass for downtown. If pedestrians really need more room, there is plenty of room to bump out the curb to widen the sidewalk. Steve - Japan - January 26th, 5:43 PM If a 20' setback on the No. Main Historic district were proposed- the same people would have appealed the project because it wouldn't match the historic setback on that block- which is also an ordinance requirement...so these two ordinances conflict; guess they are going to have to go with good planning & common sense? no pleasing Swales/Lang/Bullock, it is just obstructing for the sake of obstructing. Like the City is going to widen No. Main and wipe out all the other existing buildings? . tj - ashland - January 26th, 5:53 PM ...better light, air and vision on more heavily traveled streets... ...what an out-dated precept ! remember ( [email protected] ) - Ashland, OR - January 26th, 7:58 PM ...better light, air and vision on more heavily traveled streets... Remember@mind - are the buildings on the plaza or along Main St. a health hazard? It sounds good, but you need to see things in a balanced perspective. It's not that easy... John - ashland - January 26th, 9:19 PM This is so Ashlandic.... rules that can be ignored or enforced depending on who wants what. C - Ashland - January 26th, 11:48 PM C or Colin, remember "rules are meant to be broken" especially if they don't make sense, but it's called an exception and you have to justify your case to the Ashlandic Planning Commission. Why isn't this route preferable? John - Ashland - January 27th, 12:54 AM Swales and Lang have be whining about favoritism in planning for years...ignoring the fact that such doesn't exist and that they are pissed with all their connections and discussions over tea and crackers at the Hardestys and Hartzells with John Stromber that they still can't get what THEY want all the time. Sick that they get so much attention in Ashland--It pollutes the town's politics. enough - ashland, or - January 27th, 6:55 AM Johh...expecting the APC to grant an exception, particularly one that makes sense, presupposes that several of the more vocal people on that body actually understand land use planning or have any sense. 0 for 2. And the ones that do have sense seem to beat down by verbiage to paddle against the flow. enough - ashland, or - January 27th, 7:21 AM Remember...the 20' foot setback will do little to protect any meaningful light, air etc. on Lithia Way. It is a hold-over from the 1960s when that road was the major N-S throughway and planning was ALL about automobiles. At its current width, Lithia Way is as wide as most of PORTLAND's downtown streets which are bracketed by bldgs far taller than 40'. If you think Ptld is a concrete canyon, then just give up accommodating change in town and call it "done." Georeg Kramer - Ashland, OR - January 27th, 8:02 AM I agree with Remember! The plaza & n. Main ARE too crowded. Existing can be grandfathered, but why do we want to increase overcrowding with new construction when it's possible to have a little light, air and vision instead? Ashland is only 20,000! That's just a small town, not even a city. Why would we want to be like Portland? We need a creative, small town vision (not urban) for Ashland -- not hair-brained grandious schemes and egos. SmallTownFan - Ashland - February 1st, 11:53 PM Leave a Comment: Advertisement: Advertisement: Paid Advertising: Debt Help Inkjet Printers Student Loans Water Filter Helzberg Diamonds Mortgage Calculator Security Systems Debt Relief Advertisement: Copyright © 2007 Ashland Daily Tidings and Ottaway Newspapers. All Rights Reserved. Del.icio.us