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HomeMy WebLinkAbout2006-109 Findings - Bramscher BEFORE THE ASHLAND CITY COUNCIL Jackson County, Oregon May 16, 2006 IN THE MATTER OF PLANNING ACTION #2006-00366, Request for Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning M-l (Industrial) and E-l (Employment) for an approximately 8.43-acre parcel located on Jefferson Ave. The application is to develop a specialty automobile design, research and fabrication and assembly campus in phases. FINDINGS, CONCLUSIONS AND ORDERS APPLICANT: Craig Bramscher -------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot 1104 of391E 14A is located at the southern terminus of Jefferson Avenue, immediately north or and adjacent to the railroad tracks and west of Interstate 5. 2) The applicant is requesting Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning M-l (Industrial) and E-l (Employment) for an approximately 8.43-acre parcel. The application is to develop a specialty automobile design, research and fabrication and assembly campus in phases. 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. Ashland Council Findings PA 2006-00366 June 20th, 2006 Page I of6 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 project 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. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): Ashland Council Findings P A 2006-00366 June 20th, 2006 Page 2 of6 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G 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. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. 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 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-1 or C-1 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. (ORD 2792, 1997; ORD 2895, 2003) 4) The Ashland City Council, following proper public notice, held a Public Hearing on May 16, 2006, at which time testimony was received and exhibits were presented. The Council approved the application for Annexation subject to conditions pertaining to the appropriate development of the site. Now, therefore, City Council of the City of Ashland finds, concludes and recommends as follows: Ashland Council Findings P A 2006-00366 June 20th, 2006 Page 3 of6 SECTION 1. EXHIBITS F or 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, and 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, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning M-l (Industrial) and E- 1 (Employment) for an approximately 8.43-acre parcel meets the approval criteria for an Annexation as described 18.1 08. The property is contiguous to Ashland's city limits as the site is bounded by Ashland's city limits on its west, east and south sides. The proposed zoning is consistent with the adopted Comprehensive Plan Designations. Specifically, the portion of the property north of the railroad tracks and south of the Jefferson Avenue street extension will be included within the M-l, Industrial Zoning District, while the portion of the property north of Jefferson Avenue will be included within the E-l, Employment 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 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 preliminary utility plan identifies finds that provisions have been made to adequately serve the project by public facilities. Such public facilities and utilities have been identified on a site plan and discussed in the application's written findings of fact. Specifically, water, sewer, electric and storm drain utilities are currently available in Jefferson A venue and will be extended in conjunction with the improvements to Jefferson Avenue. Jefferson Avenue will be extended through the property and constructed to City Street Standards, ultimately linking the two existing, improved City Street sections Ashland Council Findings P A 2006-00366 June 201\ 2006 Page 4 of6 abutting the east and west boundaries of the project site. Full street improvements are proposed, including two travel lanes, on-street parking, curb and gutter, storm drains and public sidewalks. Additionally, a bridge or box culvert will be constructed to span the seasonal creek that bisects to property. The final segment of Jefferson Avenue will be constructed to City street standards and extended through the property. This represents the logical routing and completion of the street, ultimately providing a continuous link between its intersections with Washington Street both north and east of the project. The The Council finds that the preliminary bridge or box culvert crossing design will handle flows resulting from a 100-year flood event. Further, the crossing and roadway design will reduce disturbance to the creek and adjacent riparian areas through minimizing the need for large fill slopes normally associated with a standard culvert crossing. The road width at the crossing has been narrowed in order to minimize the overall area of disturbance to the riparian area. The proposed width will comprise two travel lanes and public sidewalks, but curbside, on-street parking will be omitted from this segment of street. 2.4 The City Council finds that a the proposed lot or lots will be zoned E-l or C-l 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 April 11, 2006, the Planning Commission granted approval of a Site Review, Physical Constraints Review Permit, Tree Removal Permit and an Administrative Variance to the Site Design and Use Standards for the construction of the first phase of the project, which includes construction of an industrial building approximately 41,000 square feet in size, parking areas and landscape installation SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the application for Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning M-l (Industrial) and E-l (Employment) for an approximately 8.43- acre parcel is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the City Council approves Planning Action #2006-00366 with respect to the request for Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning M-l (Industrial) and E-l (Employment) for an approximately 8.43- acre parcel. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00366 is denied. The following are the conditions and they are attached to the approval: 1. That all Planning Commission conditions of approval (P A2006-00366) for Site Review, Physical Constraints Review Permit, Tree Removal Permit and an Administrative Variance to the Site Design and Ashland Council Findings PA 2006-00366 June 20th, 2006 Page 5 of6 Use Standards for the construction of the first phase of the project apply to this decision unless otherwise modified below. 2. That Talent Irrigation District (TID) facilities be identified on the final civil engineering documents and any changes shall be reviewed by the Talent Irrigation District and approved by the Staff Advisor prior to issuance of a Building Permit.. 3. That the engineered construction drawings for Jefferson Avenue shall comply with City of Ashland Street Standards including street lights, pavement width and the installation of public sidewalks. Engineered construction drawings for the Jefferson A venue improvements shall be submitted for review and approval by Ashland Planning and Public Works Departments prior to issuance of a building permit. The costs associated with the design and installation of street improvements shall be guaranteed through a bond or other means acceptable to the City of Ashland Legal Department. The proposed bridge or box culvert creek crossing shall be engineered and designed to accommodate a lOO-year flood flow. All street improvements shall be installed prior to issuance of the certificate of occupancy for a building on the property. That all required street improvements and public utility extensions shall be guaranteed through a bond or other means acceptable to the City of Ashland Legal Department prior to adoption of an ordinance annexing the property. 4. A boundary survey and a written description of the property boundaries shall be submitted for review and approval prior to completion of the annexation. 5. That the applicant agrees to construct the project in accordance with the approved plan and City ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to adoption of a ordinance formally annexing the property. ~ Dated: 7fq#? Ashland Council Findings PA 2006-00366 June 201\ 2006 Page 6 of6