HomeMy WebLinkAbout1995-0606 HILL FINDINGSBEFORE THE ASHLAND CITY COUNCIL
IN THE MATTER OF PLANNING ACTION #95-021, A REQUEST FOR )
A COMPREHENSIVE PLAN MAP AMENDMENT FROM SINGLE FAMILY )
RESIDENTIAL RESERVE TO HEALTH CARE AND ZONE CHANGE FROM )
RR-.5-P TO HC (HEALTH CARE SERVICES) FOR 21.82 ACRES )
LOCATED ON THE EAST SIDE OF NORTH MOUNTAIN AVENUE, )
BETWEEN INTERSTATE 5 AND BEAR CREEK. )
)
APPLICANT: MADELINE HILL )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 100 of 391E 04DA and tax lot 200 of 391E 04AD are located on
the east side of North Mountain Avenue, between Interstate 5 and Bear
Creek and are zoned RR-.5-P.
2) The applicant is requesting a comprehensive plan map amendment from
single family residential reserve to health care, and a zone change from
RR-.5-P to HC.
3) The Planning Commission, following proper public notice, held a
Public Hearing on April 11, 1995, at which time testimony was received
and exhibits were presented. The Planning Commission recommended
approval of the application as presented, subject to conditions
pertaining to the appropriate development of the site.
4) The City Council, following proper public notice, held a Public
Hearing on May 16, at which time testimony was received and exhibits
were presented. The Council approved the application as presented,
subject to conditions pertaining to the appropriate development of the
site.
Now, therefore, The City Council of the City of Ashland
concludes and recommends as follows:
finds,
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
All exhibits, data, and testimony entered into the record for this
action are adopted and made a part of this record.
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 request for a comprehensive
plan map amendment and zone change is supported by substantial
evidence in the whole record, and specifically finds that the
request meets the criteria for approval of such request, which are
as follows:
Type III amendments may be approved when one of the following
conditions exist:
a) A public need, supported by the Comprehensive Plan.
b) The need to correct mistakes.
c) The need to adjust to new conditions.
d)
Where compelling circumstances relating to the general
public welfare require such an action.
The Council finds that the applicant met criterion a) above, for a
public need, and that evidence submitted by the applicant and made
part of this record provides the basis for this decision.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that request for a comprehensive plan map amendment
and zone change is supported by evidence contained in 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
#95-021. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #95-021
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 the comprehensive plan map amendment and zone change shall
only apply to the applicant and a project for senior housing. Should
the applicant choose not pursue her senior development, then the zoning
shall revert either to RR-.5 zoning, or the zoning established by the
neighborhood planning process.
3) That the applicant's development plan, to be reviewed at a future
time, take into account the future single family residential development
of the remainder of the North Mountain Neighborhood, and that efforts be
taken to ensure that larger buildings used for congregate or assisted
living are buffered from other residences across North Mountain Avenue.
4) That the applicant obtain all required approvals (subdivision, site
review, etc...) prior to construction of any units. At the time of
subdivision application, issues regarding the extension of public
facilities (paved access, water, etc...) shall be addressed.
SIGNED and APPROVED this 6 day of
June , 1995.
Catherine M. Golden, Mayor