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HomeMy WebLinkAbout1996-0220 MURPHY FINDINGSBEFORE THE ASHLAND CITY COUNCIL February 20, 1996 IN THE MATTER OF PLANNING ACTION #95-131, REQUEST FOR ) SITE REVIEW TO CONSTRUCT A HEALTH SPA (FIRST FLOOR 4,692) SQ. FT.) AND RESIDENTIAL UNITS (SECOND FLOOR 1,688 SQ. ) FT.) LOCATED AT 665 AND 685 "A" STREET. ) ) APPLICANT: PATRICIA MURPHY ) ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lots 6507 & 6508 of 391E 9AB are located at 665 and 685 "A" Street and are zoned E-i; Employment. 2) The applicant is requesting to construct a Health Spa with three residential units on the second floor. Site improvement are outlined on the site plan and exterior elevations on file at the Department of Community Development. 3) The criteria for Site Review approval are as follows: All applicable City ordinances have been met or will be met by the proposed development. All requirements of the Site Review Chapter have been met or will be met. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on December 12, 1995, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. 5) The action was appealed by the City Council in a timely manner. The Ashland City Council, following proper public notice, held a public hearing on February 6, 1996 at which time testimony was received and exhibits were presented. The City Council continued the hearing to the next meeting to allow the applicant an opportunity to respond to issues raised. On February 20, 1996, the City Council continued the hearing, which, after receiving additional testimony and exhibits, approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Ashland City Council 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 "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an WIM$$ All information presented to the Planning Commission and City Council and included as exhibits are incorporated as part of this decision and made a part of the record for this action. 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 proposal to construct a Health Spa with three residential units on the second floor meets all applicable criteria found in the Site Review chapter 18.72. 2.3 The City Council finds that City facilities are of adequate capacity to serve the development, including water, sewer, paved access to and through the development, electricity and urban storm drainage. All City facilities are located in adjacent public - rights-of-way or utility easements. Vehicular transportation is provided to the subject property from "A" Street and the public alley system at the rear of the lot. Both "A" Street and the alley are paved in accordance with City standards. A public sidewalk will be installed along the frontage of the lot to provide pedestrian access from the right-of-way to the entrance of the building. In addition, a bike route is planned along the north side of "A" Street, ultimately connecting to the overall City bicycle network. 2.4 The City Council finds that the project's architecture complies with the City's design requirements for commercial development in Ashland's Historic District and Detail Site Review zone. The bulk, scale and massing of the building are compatible with the surrounding area. The design is in keeping with the craftsman style of architecture found in the neighborhood. Square columns, similar roof pitches, wood corbels/brackets under eaves, wood framed windows and doors and the use of trellis and arbor structures have all been incorporated into the design as a recognition of the area's residential ambience. In accordance with the intent of the Detail Site Review Zone, the building has been divided into smaller individual parts and arranged around a central courtyard. Building entrances face "A" Street to create a sense of entry and a visually attractive streetscape. The courtyard in combination with front porches provide public spaces along the frontage of the property. 2.5 The Council finds that the site plan is consistent with the requirements found in the City's Site Design and Use Standards, with the exception of access provided off of "A" Street, which will be addressed in the next section. While off-street parking is normally required to be located at the rear of the building when feasible, the project's strong orientation towards the street, open courtyard and inviting porches creates a primary focus, and as a consequence, minimizes the impact of the parking area situated to the side of the building. In addition, the residential character of the project created by its craftsman design elements further enhances the building's orientation to the neighborhood, serving to mitigate the visual impact of the parking area on the streetscape. 2.6 The Council finds that with the addition of a condition prohibiting access from the parking lot directly onto "A" Street, the application meets the criteria for approval. The applicant stated that it was desirable to maintain the access directly onto "A" Street for safety and ease of access purposes. The City Council finds that the issues of safety are mitigated by the installation of the low wall and pedestrian opening indicated on the applicant's revised plans submitted at the February 20 meeting. Further, the Council finds that Section 18.72.100 - Power to Amend Plans, item L., which reads as follows: Require new developments to provide limited controlled access onto a major street by means of traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to insure the viability, safety, and integrity of the major street as a through corridor. allows them to impose conditions as to the access of the development onto a major street. In this instance, access to "A" Street is controlled through the use of the alley system installed as part of the subdivision development. The City Council finds that requiring the applicant to exclusively use the alley for access to the parking lot and provide ingress/egress to "A" Street is being done to insure the viability, safety, and integrity of "A" Street as a through corridor. Testimony was presented indicating that a the Central Ashland Bikepath would be utilizing "A" Street directly in front of this property. The Council finds that by not allowing direct access from the parking lot onto "A" Street, the safety of "A" Street as a through corridor for bicyclists has been enhanced. The City Council also references Policy X-4-a of the Transportation Element of the Comprehensive Plan, which states as follows: Maintain carrying capacity and ease of movement of arterials and other streets by the use of limited access through the site review process. The Council finds that the imposition of Condition 2, outlined below, is in accord with this policy of the Comprehensive Plan and implemented by the land use ordinance in section 18.72. 2.7 The applicant stated at the beginning of the appeal hearing before the City Council that the Council had failed to properly appeal the action of the Planning Commission. Based upon testimony presented by the City Attorney, and evidence included in his memo to the City Council and included with record for this action, the Council finds that the appeal was filed correctly and in a timely manner, granting them the opportunity to decide this manner in accord with the procedures outlined in the land use ordinance. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal to construct a Health Spa with three residential units on the second floor 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, we approve Planning Action #95-131. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #95-131 is denied. 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 no access to the parking lot be allowed from "A" Street, and that the applicant's design for modification of the parking lot frontage be accepted with a change in the pedestrian access width from 10' down to 6', and that the pedestrian scale lighting be changed to match the existing pedestrian lighting in the RR District Neighborhood Park. 3) That a 5' wide public sidewalk be installed along the entire frontage of the property. 4) That all required parking areas be paved and striped prior to the issuance of a certificate of occupancy. 5) That a revised site, size and species specific landscaping plan, incorporating the recommendations of the Tree Commission and street trees every 30 feet, be submitted for review and approval of the Staff Advisor prior to issuance of a building permit. Such required landscaping shall be installed in accordance with the approved landscaping plan prior to the issuance of a certificate of occupancy. 6) That all requirements of the Ashland Fire department be met including the installation of a security key lock system prior to the issuance of a certificate of occupancy. 7) That Street lights, no greater than 14 feet in height, be installed along "A" Street in accordance with Ashland Site Design and Use Standards (II-C-2e)and City street lighting plan prior to the issuance of a certificate of occupancy. 8) That the building comply with all applicable accessibility requirements of Chapter 31 of the Oregon Structural Specialty Code. 9) That bicycle parking in accordance with the design requirements listed in 18.92 be shown at the time of building permit review and installed prior to the issuance of a certificate of occupancy. 10) That an opportunity-to-recycle site be provided in accordance with the requirements of 18.72.115 prior to the issuance of a certificate of occupancy. 11) That the design of the building walls along "A" Street be revised such that 20 percent of the wall area facing the street contains windows and/or doors. Such changes to be incorporated on the building plans, reviewed by the Historic Review Board and approved by the Staff Advisor. Mayor Date