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HomeMy WebLinkAbout1999-0202.FINDINGS.PA #99-006BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON February 2, 1999 IN THE MATTER OF PLANNING ACTION #99-006, A REQUEST FOR ANNEXATION OF THE PROPERTY LOCATED EAST OF JEFFERSON AVENUE AND NORTH OF THE RAILROAD TRACKS, WITH FRONTAGE ALONG WASHINGTON STREET. THE PROPERTY CONSISTS OF APPROXIMATELY SEVEN ACRES. APPLICANT: DOUG NEUMAN ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) RECITALS: 1) Tax lot 2400 of 391E 14A is located east of Jefferson Avenue and north of the railroad tracks, with t~ontage along Washington Street at and is proposed to be zoned M-1 (Industrial) and E-1 (Employment). 2) The proposal involves a request for Annexation of an approximately seven acre parcel. The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review and Partition request are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: 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: Co The land is within the City's Urban Growth Boundary. 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. The land is currently contiguous with the present City limits. 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. 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. 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. 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. 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. 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, flood plain corridor lands, or slopes greater than 35%, shall not be included. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. 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) 4) The City Council, following proper public notice, held a Public Hearing on February 2, 1999, at which time testimony was received and exhibits were presented. The Council approved the application 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 1. 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 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 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation. The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashland's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. 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. The proposed zoning for the property, E- 1 and M- 1, is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed manufacturing business is an allowable use within both districts. C. The land is currently contiguous with the present City limits. The property, with the inclusion of the railroad right-of-way, is contiguous to the existing City Limits that runs along the railroad tracks. 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. Sewer, water and electric service will be extended to and through the project. These main lines are located approximately 1000 feet to the north, adjacent to Washington Street. The developer is required to extend the City mains up to the site and to the end of the new public street. City storm drain facilities are required to be installed in the new public street. Run-off from the new street will be directed into the drainage ditch along Washington Street, where it eventually dumps into a small creek approximately 1200 feet north of the project. The open ditch is required to be engineered and constructed in accordance with the standards of the Public Works Department. E. Adequate transportation can and will be provided to and through the subject property Street improvements are required upon annexation, with the degree of improvement (i.e. paving, curb and gutter, full improvement, etc.) based upon the street' s location relative to the annexed area. In this case, Washington Street will be improved with a minimum 20 foot wide paved surface, from Highway 66 up to and along the entire frontage of the property. In addition, the approximately 1000 feet of Washington Street leading to the property has a rough surface, more consistent with a County road standard. This section will need to be paved to a width of 20 feet and overlaid with additional asphalt to create a smooth driving surface. The next level of street improvement includes streets immediately adjacent to the annexed area. This section of Washington Street will be improved to a width of 28 - 30 feet, and include curb and gutter. storm drains and sidewalks along at least one side. This would apply to the approximately 100 foot section of Washington Street abutting the property. A 25 foot wide right-of-way dedication is required along the east property line. Development cannot occur on Parcel 3 without this section of Washington Street being improved to a half street standard, including a minimum pavement width of 20 feet, curb and gutter, storm drains and sidewalks. The new public street is required to be constructed to full City standards. This would include constructing this street to a width of approximately 36 feet, with curb and gutter, urban storm drains and sidewalks. The installation of public sidewalks along the frontage of each parcel would be completed prior to issuance of a certificate of occupancy for new construction on each individual parcel. Accordingly, a public sidewalk would be installed along the entire frontage of Parcel 1 prior to issuance of a certificate of occupancy for Oak Street Tank and Steel. 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, flood plain corridor lands, or slopes greater than 35%, shall not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all residential annexations of four units or greater: 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number ofaflbrdable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. This section does not apply to Annexations involving commercial and industrial lands. H. One or more of the following standards are met: 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. The proposed parcels will be zoned E-1 and M-1. At its meeting of January 12, 1999 the Planning Commission approved a Land Partition and Site Review for Parcel 1 to construct an approximately 20,000 square foot building to house "Oak Street Tank and Steel". a manufacturer of steel tanks. SECTION 3. DECISION Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the City Council we approve Planning Action # 99-006. The following are the conditions and they are attached to the approval: 1 ) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full City services, including but not limited to water and sewer mains and electric service, be extended to the project and to the west end of the proposed new public street. Engineered plans for all improvements to be approved by the Public Works Division and all services to be installed or fully bonded for in accordance with City requirements prior to adoption of the ordinance annexing the property. 3) That Washington Street be paved to City standards to a width not less than 20 feet, along the full frontage of the project site to Highway 66. Portions of Washington Street already meeting this standard, as determined and verified by the Staff Advisor are excluded from the requirements of this condition. Final design to include the location of and proposed modifications to drainage ditch (parallel to the street & within the right-of-way), as well as be engineered to accommodate existing and calculated nm-offfrom the project. In addition, design to accommodate a level, 4 foot wide gravel path along the west side of the street. 4) That the diagonal section of Washington Street (approximately 110 feet in length) adjacent to the annexed area be improved to a minimum paved width of approximately 28 - 30 feet, and include curb and gutter on both sides, storm drains and a 6 foot wide sidewalk along the frontage of the annexed property. 5 ) That right-of-way be dedicated, 25 feet in width (including a radius at the angle point), along the entire east property line of the annexed area in order to accommodate the future extension of Washington Street. Right-of-way dedication to be indicated on the partition plat. No development to occur on Parcel 3 until this section is improved to City standards, including but not limited to a pavement width of 20 feet, curb and gutter (west side), storm drains and the installation of a six foot wide public sidewalk. 6) That an agreement be recorded on parcel 3 requiring participation in a local improvement district for the improvement of the abutting section of Washington Street to full City street standards. Agreement to be signed and recorded with the partition plat. 7) That the proposed new public street be improved to full City standards from the intersection with Washington Street to the west property line. Full street improvements to include, but not limited to, a pavement width of 36 feet, curb and gutter on both sides of the street and storm drains. A public sidewalk, a minimum of six feet in width, to be installed along the full frontage of each parcel prior to the issuance of a certificate of occupancy for development of each parcel. 8) That civil engineering for all public facilities be submitted for review and approval by the Departments of Public Works and Planning prior to recording of the partition plat. Engineered design for the new street shall intersect Washington Street along the north - south section of the street so that the intersecting is approximately 90 degrees and complies with City sight distance standards. 9) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each parcel prior to the issuance of a certificate of occupancy. Street trees to be chosen from Ashland's Street Tree List. 10) That all easements for sewer, water, electric, phone, cable and streets be indicated on the final survey plat as required by the City of Ashland. 11 ) That a revised site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission be submitted for review prior to the issuance of a building permit for Parcel 1. Landscaping to be installed in accordance with the approved plan prior to the issuance of a certificate of occupancy. 12) That all requirements of the Ashland Fire Department be complied with prior to use of combustible materials on site and the signature of the final survey plat. All Fire department requirements, including but not limited to hydrant placement, etc. be included on the engineered construction documents for public fhcilities. 13 ) That an opportunity to recycle site be located on the site in conformance with the standards adopted under 18.72.115 prior to issuing a certificate of occupancy. 14) That covered bicycle parking to be installed prior to issuance of a certificate of occupancy. Bicycle parking/racks to be constructed and installed in accordance with the approved plan and City standards described in 18.92. Specific rack design to be submitted for review and approval at the time of building permit submission. 15 ) That the development be responsible for the piping of the T.I.D. line that runs along the railroad tracks with a 12 inch pipe, as well as the T.I.D. line along the east side of tax lot 2400 with a 6 inch pipe. These improvements to be completed in accordance with T.I.D. specifications and that T.I.D. be fumished with an easement along both pipelines. 16) That a sign be constructed and installed bear the intersection of Washington street and the new street in accordance with the requirements of the Ashland Public Works Department. Sign to indicate that there exists no truck turnaround or through access. 17) That all catch basins incorporate water/oil separators and specified in the proposal. Such system to be identified at the time of issuance of a building permit. DATED this Bed day of March, 1999. Catherine M. Shaw, Mayor