HomeMy WebLinkAbout2010-131 Findings - Washington St Annexation
BEFORE THE ASHLAND CITY COUNCIL
Jackson County, Oregon
February 2,2010
IN THE MATTER OF PLANNING ACTION #2009-00784, A REQUEST FOR
ANNEXATION AND ZONING MAP CHANGE FROM JACKSON COUNTY RR-5
(RURAL RESIDENTIAL) TO CITY OF ASHLAND E-I (EMPLOYMENT) FOR
AN APPROXIMATELY 1.02 ACRE PROPERTY LOCATED AT 615
WASHINGTON STREET.
)
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
APPLICANTS: Ron Rezek
RECITALS:
1) Tax lot #200 of Map 39 IE 14 AC is located at 615 Washington Street and is zoned Jackson
County Rural Residential (RR-5).
2) The applicant is requesting an Annexation and Zoning Map change from Jackson County zoning
RR-5 (Rural Residential) to City of Ashland zoning E-I (Employment) for an approximately 1.02-acre
parcel located at 615 Washington Street. On September 29, 2009 the Planning Commission granted Site
Review approval for the subsequent development of the property with a 17,650 square foot
warehouse/light manufacturing building and its associated parking area and landscaping. The new
warehouse/light manufacturing facility will serve the adjacent Modem Fan business at 709 Washington
Street.
3) An annexation may be approved if the proposed request for annexation conforms, or can be made
to conform through the imposition of conditions, with the following approval criteria described in
18.106.030 - Approval Standards:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation
indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with
the annexation, is an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public
Works Department; the transport of sewage from the site to the waste water treatment
plant as determined by the Public Works Department; the provision of electricity to the
site as determined by the Electric Department; urban storm drainage as determined by the
Public Works Department can and will be provided to and through the subject property.
Unless the City has declared a moratorium based upon a shortage of water, sewer, or
electricity, it is recognized that adequate capacity exists system-wide for these facilities.
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E. Adequate transportation can and will be provided to and through the subject property. For
the purposes of this section "adequate transportation" for annexations consists of
vehicular, bicycle, pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will- be
constructed, along the full frontage of the proj ect site to the nearest fully improved
collector or arterial street. All streets adjacent to the annexed area shall be
improved, at a minimum, to a half-street standard with a minimum 20' driving
surface. The City may, after assessing the impact of the development, require the
full improvement of streets adjacent to the annexed area. All streets located within
annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the
City, provisions shall be made for the dedication and improvement of these streets
and included with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and
will be constructed. Should the annexation be adjacent to an arterial street, bike
lanes shall be provided on or adjacent to the arterial street. Likely bicycle
destinations from the project site shall be determined and safe and accessible
bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can
and will be constructed. Full sidewalk improvements shall be provided on one
side adjacent to the annexation for all streets adjacent to the proposed annexed
area. Sidewalks shall be provided as required by ordinance on all streets within
the annexed area. Where the project site is within a quarter of a mile of an existing
sidewalk system, the sidewalks from the project site shall be constructed to extend
and connect to the existing system. Likely pedestrian destinations from the project
site shall be determined and the safe and accessible pedestrian facilities serving
those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the local
public transit provider, provisions shall be made for the construction of adequate
transit facilities, such as bus shelters and bus turn-out lanes. All required
transportation improvements shall be constructed and installed prior to the
issuance of a certificate of occupancy for any new structures on the annexed
property.
And
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less
than a five-year supply of vacant and redevelopable land in the proposed land use
classification within the current city limits. "Redevelopable land" means land
zoned for residential use on which development has already occurred but on
which, due to present or expected market forces, there exists the likelihood that
existing development will be converted to more intensive residential uses during
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February 2,2010
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the planning period. The five-year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need projections
from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-I or C-I under the Comprehensive Plan,
and that the applicant will obtain Site Review approval for an outright permitted
use, or special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary
sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary
sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary
sewer service extended, connected, and in use, and a signed "consent to
annexation" agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits.
4) A Zoning Map Change may be approved if the proposed request conforms with the following
approval criteria described in 18.1 08.060.B - Standards for Type III Planning Actions:
B. Standards for Type III Planning Actions.
I. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may
be approved if in compliance with the comprehensive plan and the application
demonstrates that one or more of the following:
a. The change implements a public need, other than the provIsion of
affordable housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such
an action; or
d. Proposed increases in residential zoning density resulting from a change
from one zoning district to another zoning district, will provide 25% of the
proposed base density as affordable housing consistent with the approval
standards set forth in I 8. I 06.030(G);or
e. Increases in residential zoning density of four units or greater on
commercial, employment or industrial zoned lands (i.e. Residential
Overlay), will not negatively impact the City of Ashland's commercial and
industrial land supply as required in the Comprehensive Plan, and will
provide 25% ofthe proposed base density as affordable housing consistent
with the approval standards set forth in 18.1 06.030(G).
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The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit.
A deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
5) The Ashland City Council, following proper public notice, held a public hearing on January 5th,
2010 at which time testimony was received and exhibits were presented. The City Council approved the
application for Annexation and Zoning Map Change from Jackson County Rural Residential (RR-5)
zoning to City of Ashland Employment (E-I) zoning subject to conditions pertaining to the appropriate
development of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows:
SECTION I. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all information necessary to make a decision
based on the Staff Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposed Annexation and Zoning Map change from
Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-I (Employment)
for an approximately 1.02-acre parcel meets the approval criteria for an Annexation and Zoning
Map change as described in 18.108.
The property is located within the Urban Growth Boundary, immediately north of and contiguous
to the existing City limits. The Comprehensive Plan designation for the site is Employment. The
proposed E-I zoning is consistent with that designation, and the proposed warehouse use is
allowed within the E-l zoning district.
2.3 The City Council finds that adequate City facilities for the provision of water to the site
as determined by the Public Works Department; the transport of sewage from the site to the
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waste water treatment plant as determined by the Public Works Department; the provision of
electricity to the site as determined by the Electric Department; urban storm drainage as
determined by the Public Works Department can and will be provided to and through the subject
property.
Specifically, the application proposes to' utilize existing services within the right-of-way which
already serve the existing Modem Fan building to the south. With two recent annexations in the
immediate vicinity, for Oak Street Tank and Steel and Brammo Motorsports, utilities in this area
have had recent upgrades and there are now eight-inch water and sanitary sewer lines in place
within the Washington Street right-of-way which the Public Works Department has determined
are adequate to serve the proposed building. The applicant will coordinate with the Ashland
Electric Department to develop a final electric service plan to transition the site's electrical
service from current provider Pacific Power to Ashland's municipal electric utility.
The applicant's site plan details placement of a stormwater detention pipe near the front and side
of the building and identifies surface drainage detention areas within the parking lot similar to the
drainage facilities provided on the adjacent Modem Fan site to the south. Final engineered
calculations demonstrating that post development peak flows will not exceed pre-development
levels and an identification of any necessary water quality mitigation measures will be provided
prior to development of the site. There is a mapped wetland located to the north, off of the
subject property. While this wetland ends before reaching the subject property, it is fed by
stormwater from the drainage along the subject property's Washington Street frontage. The
Division of State Lands (DSL) has reviewed the proposal and determined that it appears to avoid
impacts to state regulated wetlands and waters, however they have indicated that stormwater
flows feeding the wetland must be maintained even if the existing roadside drainage is to be
piped on the subject property's frontage.
The City Council finds that Washington Street is a commercial collector street, and that the City
of Ashland Street Standards Handbook ultimately calls for ten-foot travel lanes, six-foot bike
lanes, seven-foot parkrows, six-inch curbs and eight-foot sidewalks on both sides of the street,
requiring a total minimum right-of-way width of 63 feet. The Council further finds that based on
the submitted survey, it appears that there is currently only approximately 54 feet of right-of-way
from the existing guard rail on the opposite side of Washington Street to the subject parcel's
front property line. Beyond the guard rail topography drops steeply toward Interstate 5 and will
not accommodate further street improvements. The Council finds that in order to accommodate
the necessary "half-street" improvements to City street standards for a commercial collector
street, approximately nine-feet of additional right-of-way needs to be dedicated. The Council
finds that because the proposed building is set back approximately 40-feet from the front
property line along Washington Street at its closest point, there is ample space available to
accommodate the necessary right-of-way dedication without impacting the proposed site design.
The City Council finds that to satisfy annexation requirements, the applicant must provide for
necessary transportation facilities to and through the subject property; transportation facilities
must address vehicular, bicycle, pedestrian and transit transportation with at least a "half-street"
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improvement consisting of a minimum of twenty feet of paving for motor vehicle travel lanes,
with a six-foot bike lane; gutter, six-inch curb, seven-foot parkrow planting strip and eight foot
sidewalk on the subject property's side of the street. Because the existing sidewalk installation to
the south is installed at the curbside, sidewalk installation will also need to provide for a
transition to allow the standard parkrow planting strip installation. The City Council further
finds that based on the plan submittals provided with the application and the exhibits presented
by staff during the hearing, that adequate transportation facilities can be provided to and through
the subject property to meet City of Ashland street standards. However, the Council further finds
that given the presence of an identified roadside emergent wetland on the adjacent property to the
north and its connection to the drainage across the subject property's frontage, the proximity to
the Oregon Department of Transportation's 1-5 freeway right-of-way, and a significant drop-off
between the existing Washington Street improvements and the freeway below, it is more
appropriate that the street improvements in this vicinity be deferred in order to allow that they be
comprehensively planned. The applicant will provide an estimate of the cost of the required half-
street improvements along the property frontage post a cash deposit or similar approved security
instrument to guarantee the street improvements will be installed once a comprehensive planning
process for the area street system has been completed.
2.4 The City Council finds that the proposed lot will be zoned E-1 under the Comprehensive
Plan, and that the applicant has obtained Site Review approval for an outright permitted use, or
special permitted use concurrent with the annexation request. At its meeting of September 29,
2009, the Planning Commission granted of Site Review and Tree Removal permits for the
construction of a 17,650 square foot warehouse/light manufacturing building and its associated
parking area and landscaping. The new warehouse/light manufacturing facility will serve the
adjacent Modem Fan business at 709 Washington Street. Site improvements are outlined in plans
on file at the Department of Community Development.
2.5 The City Council finds that the proposed Annexation and Zoning Map Change implements
a public need in providing sufficient lands for commercial and industrial uses to provide for the
employment needs of the community, supported by Comprehensive Plan Policy VII-I which states
that, "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."
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal
for an Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to
City of Ashland zoning E-1 (Employment) for an approximately 1.02-acre parcel located at 615
Washington Street is supported by evidence contained within 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 #2009-00784 with respect to the request for an Annexation and
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Page 6
Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-
1 (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. Further, if any
one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning
Action #2009-00784 is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
this Site Review approval shall be submitted and approved prior to issuance of a building permit.
3) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet
the requirements of Chapter 18.96.
4) That the future conversion of any portion of the proposed warehouse space to office use shall
require that the building entrance be brought to within 20 feet of the right-of-way in order to
comply with Basic Site Review Standards (I1-C-I a.2), or that an Administrative Variance to this
standard be obtained.
5) That prior to the submittal of a building permit:
a) That a stormwater drainage plan, including details of on-site detention for storm water
and necessary water quality mitigation, shall be submitted for the review and approval of
the Planning, Building, and Engineering Divisions. The drainage plan shall also
demonstrate that stormwater flows into the existing roadside ditch to the north will be
retained at their current levels to ensure the continuing recharge of the wetland on the
property to the north.
b) A written estimate for the costs of installation of required commercial collector "half-
street" improvements along the full Washington Street frontage of the subject property
shall be provided for the review and approval of the City of Ashland's Planning and
Engineering Departments prior to building permit submittal. Required improvements
shall include a minimum of 20 feet of pavement to accommodate motor vehicle travel
lanes, six-foot bicycle lane, six-inch curb, an irrigated seven-foot parkrow planting strip
with street trees, eight foot sidewalks, and city standard streetlights on the west side of the
right-of-way. However, final street improvement design and installation shall be deferred
in order to comprehensively plan the street system taking into account the adjacent
wetland and the proximity to the 1-5 right-of-way. The applicant shall post a cash deposit
with the City of Ashland or provide a similar approved security instrument to secure
installation of street improvements along the property frontage. Additional land to
accommodate the full 63 feet necessary to improve the right-of-way to city street
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standards for a Commercial Collector Street shall be provided through a right-of-way
dedication.
c) A final utility plan for the project shall be submitted for the review and approval by the
Planning, Engineering and Building Divisions prior to issuance of a building permit. The
utility plan shall include the location of connections to all public facilities in and adjacent
to the development, including the locations of water lines and meter sizes, sewer mains
and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility
installations, including any necessary fire protection vault, shall be placed outside of the
pedestrian corridor, and necessary public utility easements on the property shall be shown
on the building permit submittals.
d) The applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondary services including transformers, cabinets and all
other necessary equipment. With annexation, the property will no longer be served by
Pacific Power and Light; service will be provided by the City's municipal electric utility
and the necessary services to make this transition will need to be installed at the
applicant's expense. This plan shall be reviewed and approved by the Planning,
Engineering and Electric Departments prior to building permit submittal. Transformers
and cabinets shall be located outside of the pedestrian corridor, in those areas least visible
from the street while considering the access needs of the Electric Department. .
6) That prior to the issuance of a building permit:
a)
The applicant shall provide a Tree Preservation and Protection Plan consistent with the
. requirements of AMC 18.61.200 and prepared by a certified arborist. This plan shall
incorporate the recommendations of the Tree Commission's September 4th, 2009
meeting as conditions of approval where consistent with applicable standards and with
final approval by the Staff Advisor, shall retain and incorporate the two Siberian Elms
near the Washington Street right-of-way into the landscaping plan subject to the arborist's
recommendation, and shall specifically address the condition of all existing trees
including the Siberian Elm previously identified for removal, their ability to tolerate the
proposed development, and any measures in addition to standard protection fencing
which may be necessary to preserve and protect those trees which are to remain on the
site.
b)
That a Verification Permit in accordance with 18.61.042.B shall be applied for and
approved by the Ashland Planning Division prior to removal of the eight trees to be
removed from the site, and prior to site work, storage of materials and/or issuance of a
building permit. The Verification Permit is to inspect the identifications of trees to be
removed and the installation of tree protection fencing to protect the trees to be retained.
The tree protection fencing shall be installed according to the approved Tree Protection
and Removal Plan, inspected and approved by the Staff Advisor prior to site work,
storage of materials and/or issuance of a building permit.
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c) The applicant shall provide evidence of permit approval, including copies of all approved
plans, for all work to be done within Oregon Department of Transportation right-of-way.
d) That the property owner shall sign in favor of a local improvement district for future
improvements to the intersection of Washington Street and Highway 66 including a
traffic signal prior to issuance of a building permit.
e) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the
Water Conserving Landscaping Guidelines and Policies of the Site Design and Use
Standards, including irrigation controller requirements to allow multiple/flexible calendar
programming. The revised Landscape Plan shall include landscape detail for the
ditchlswale area along the property's Washington Street frontage, shall include a
walkway from the building entrance to the street, and shall identify the relocated trash
enclosure on the north side of the building, near the west end of the parking area. The
revised landscape plan shall specifically identify mitigation trees on a one-for-one basis to
offset the ten trees to be removed, or alternatively may propose replanting off-site or
payment in lieu of planting as provided in AMC 18.61.084.
f) All exterior lighting shall be appropriately shrouded so as not to permit direct
illumination of any adjacent land. Lighting details,. including a scaled plan and
specifications detailing shrouding, shall be submitted to the Staff Advisor for review and
approval with the building permit submittals.
g) At the time of building plan submittal, the bike rack details and shelter details shall be
submitted for review and approval by the Staff Advisor. The building permit submittals
shall verify that the bicycle parking design, spacing, and coverage requirements are met in
accordance with 18.92.040.1.
h) Mechanical equipment shall be screened from view from Washington Streei. The
locations of mechanical equipment and any associated screening shall be shown on the
site plan and elevations in the building permit submittals.
i) That the buildings shall meet Solar Setback B in accordance with 18.70.040.8. The
building permit submittals shall demonstrate compliance with Solar Setback B.
j) The requirements of the Building Division shall be satisfactorily addressed, including but
not limited to requirements that engineering be provided to ensure that the proposed
footings for the "Modem Fan 2" building will not undermine the existing retaining wall
for "Modem Fan 1 ", that necessary protection be provided for exterior wall openings, and
that grade and turning radius requirements for forklift access between buildings be
addressed.
k) The requirements of the Ashland Fire Department shall be satisfied, including that all
addressing shall be approved prior to being installed; that fire apparatus access be
provided and necessary fire apparatus easements identified and recorded; that adequate
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fire flow be provided and maintained; that fire sprinklers, hydrants, a Knox box, and/or
an FDC be installed; and that an approved walkway to accommodate fire fighter access
around and between both buildings be maintained, including an approved gate of at least
three-feet in width if any fencing is installed between the two properties.
I) A revised site plan detailing a phased parking installation shall be provided for the review
and approval of the Staff Advisor. In the initial phase, parking to be installed for
occupancy of the building would be limited to the six to eight spaces nearest Washington
Street. The remaining 10-12 parking spaces in the northwestern portion of the site are to
be reserved in landscaped area pending future installation in a second phase should the
parking demand or the nature of the use change to necessitate their installation.
7) That prior to the issuance of a certificate of occupancy:
a) That the screening for the trash and recycling enclosure shall be installed in accordance
with the Site Design and Use Standards.
b) All required parking areas shall be paved and striped.
c) All landscaping and the irrigation systems shall be installed in accordance with the
approved plan, inspected and approved by the Staff Advisor prior to the issuance of a
certificate of occupancy. That at the time of planting and prior to the issuance of a final
certificate of occupancy, not less than two inches of mulch shall be added in all non-turf
landscaped areas in the developed area after the installation ofliving plant materials.
d) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of
the development in accordance with the approved final landscaping plan and prior to
issuance of the certificate of occupancy. All street trees shall be chosen from the adopted
Street Tree List and shall be installed in accordance with the specifications noted in
Section E of the Site Design and Use Standards. The street trees shall be irrigated.
e) That required bicycle parking spaces with a minimum of 50 percent sheltered from the
weather shall be installed according to the approved plan, inspected, and approved by the
Staff Advisor prior to issuance of a certificate of occupancy.
_frL~c?
.(~~/ iJ
John Stromberg, Mayor
Date
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