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HomeMy WebLinkAbout1995-0815 POWERS FINDINGSBEFORE THE ASHLAND CITY COUNCIL August 15, 1995 IN THE MA'I'I'ER OF PLANNING ACTION #95-058, A REQUEST FOR ANNEXATION FOR APPROXIMATELY 7.96 ACRES LOCATED ON NORTH MOUNTAIN AVENUE AND THE WESTERLY EXTENSION OF MUNSON DRIVE, AND OUTLINE PLAN APPROVAL FOR A 43-LOT SUBDIVISION. APPLICANTS: MARY POWERS/DOUG NEUMAN FINDINGS, CONCLUSIONS, AND DECISION 1. RECITALS: 1.1 Tax lot 3700 of 391E 10BB is located between North Mountain Avenue and Munson Drive and is zoned RR-5 (Rural Residential/Jackson County). Access to the property is provided from two directions. Access from the west comes from North Mountain Avenue while access from the east comes from Munson Drive. Additionally, the rear portions, approximately 50' in depth, of four adjoining properties have been included as part of the annexation. These tax lots are 600, 700, 800, and 900 of 39 1E 09AA. These have been included as part of the annexation request in order to make the boundary extension more logical and avoid creating irregular areas of land surrounded by incorporated lands. 1.2 The applicant is requesting annexation of approximately 7.96 acres of land, with a zoning of R-1-5-P, and Outline Plan approval under the Performance Standards Option for a 43-1ot subdivision. 1.3 The Planning Commission, following proper public notice, held a public hearing on June 13, 1995, at which time testimony was received and exhibits were presented. The applicant and applicant's representatives appeared and participated in the hearing. The Planning Commission found that the application for an annexation was supported by substantial evidence in the record and recommended approval of the request to the City Council. Further, the Planning Commission found that outline plan for the subdivision was also supported by substantial evidence in the record and recommended approval of that request to the City Council. 1.4 The application was forwarded to the Ashland City Council The City Council, following proper public notice, held a public hearing on August 15. At the hearing, testimony was received and exhibits were presented. The record before the planning commission was presented and received as evidence by the council. 2. CRITERIA 2.1 The approval of an annexation request is regulated by the Land Use Ordinance (Title 18 of the Ashland Municipal Code (AMC)) in Chapter 18.108. Section 18.108.065.C. requires that the following criteria be met for approval of an annexation request: "1. That the land is within the City's Urban Growth Boundary. 2. That the proposed zoning and project are in conformance with the City's Comprehensive Plan. 3. That the land is currently contiguous with the present City limits. 4. That adequate 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. 5. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated; or a. That the proposed lot or lots shall be residentially zoned under the City's Comprehensive Plan and that the applicant has agreed to provide 25% of the proposed residential units at affordable levels, in accord with the standards established by resolution of the Ashland City Council. Such agreement to be filed as part of the initial application and completed and accepted by all parties prior to the final adoption of the ordinance annexing the property; or b. That the proposed lot or lots will be zoned E-1 under the City's 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 within one year of the annexation hearing and prior to the final adoption of the ordinance annexing the property. Failure to obtain subsequent site review approval shall invalidate any previous annexation approval; or c. That a current or probably public health hazard exists due to lack of full City sanitary sewer or water services; or d. That the existing development in the County has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or e. That 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 f. That the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits." 2.2 Section 18.108.065.C.5. requires that the applicant provide findings of a public need for additional land, or provide evidence of compliance with one of the six alternatives (a-f) listed. That applicant chose to comply with criterion a. 2.3 The approval of an Outline Plan Subdivision request is regulated by the Land Use Ordinance (Title 18 of the Ashland Municipal Code (AMC)) in Chapter 18.88. The Land Use Ordinance requires that the following criteria be met for approval of an Outline Plan: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural feature of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc..., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this chapter. 3. EXHIBITS. For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. 3 Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponenrs Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" All information presented to the City Council and included as exhibits are incorporated as part of this decision and made a part of the record for this action. TESTIMONY, EVIDENCE, AND FINDINGS 4. ANNEXATION REQUEST 4.1 That the land is within the City's Urban Growth Boundary. From the staff report and review of the record before the planning commission we find that the property proposed for annexation lies wholly within the City's urban growth boundary. This fact was not disputed during the hearings. 4.2 That the proposed zoning and project are in conformance with the City's Comprehensive Plan. From the staff report and review of the record before the planning commission we find that the zoning proposed for the property for annexation conforms with the City's comprehensive plan. The applicant's materials state that the proposed zoning would be R-1-5 (Single Family Residential, 5000 sq. ft. minimum lot size). The comprehensive plan designation for this property is Single Family Residential. The applicant proposes to develop a single family subdivision in the future for the property. Subdivisions are a permitted use in the R-1-5 zone. We find that the development of the property as a single family subdivision would be an allowable use in the R-1-5 zone, and would be in conformance with the Comprehensive Plan. 4.3 That the land is currently contiguous with the present City limits. From the staff report and review of the record before the planning commission, we find that the property is proposed for annexation is currently contiguous with the present City limits. This fact was not disputed during the hearings. 4.4 That adequate 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. From the staff report and review of the record before the planning commission, and from review of additional information submitted by the applicant to the City Council, we find that there are adequate City facilities for water, sewer, paved access to and through the development, electricity, and urban storm drainage. The Council finds that there is not adequate evidence in the record to conclude that adequate transportation can and will be provided to and through the subject property. 4.4.1 Water. The applicant provided evidence in their proposed findings 4 of fact and conclusions, dated July 18, 1995, indicating that adequate water was available for the proposed development of this property. The Council finds that the arguments prepared by the applicant accurately reflect the availability of water for this potential development and find that there are adequate facilities for water for this annexation request. 4.4.2 Sewer. The applicant provided evidence in their proposed findings of fact and conclusions, dated July 18, 1995, indicating that the current sewage treatment facilities have adequate capacity for the development of this property. The council finds that there is adequate sewage treatment capacity for this development. 4.4.3 Paved Access. The applicant provided evidence in their proposed findings of fact and conclusions, dated July 18, 1995, indicating that there is adequate paved access to and through the subject property. All of the proposed streets in the future development will be paved with sidewalks. The Council finds that the applicant met the burden of proof for this criterion. 4.4.4 Electricity. The applicant provided evidence in their proposed findings of fact and conclusions, indicating that there is adequate public utility service to the property, including electricity. The Council finds that there is adequate electricity to serve this property. This was not disputed during the public hearing. 4.4.5 Storm Drainage. The applicant provided evidence in their proposed findings of fact and conclusions, indicating that there is adequate storm drainage for the proposed development of the property. The Council finds this to be true. This fact was not disputed during the public hearing. 4.4.6 Adequate Transportation. The applicant provided evidence in their proposed findings of fact and conclusions, indicating that there is adequate transportation exists or can be made available for the proposed development of the property. The Council finds this to be true. This fact was not disputed during the public hearing. 4.5 That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated; or a. That the proposed lot or lots shall be residentiafty zoned under the City's Comprehensive Plan and that the applicant has agreed to provide 25% of the proposed residential units at affordable levels, in accord with the standards established by resolution of the Ashland City Council. Such agreement to be filed as part of the initial application and completed and accepted by all parties prior to the final adoption of the 5 ordinance annexing the properth/; The applicant chose, as part of its application, to meet this criterion through the affordable housing option. The applicant provided evidence in their findings indicating their compliance with the City's affordable housing requirements. The Council finds that the application meets the criterion for need through the provision of affordable housing. 5. OUTLINE PLAN REQUEST FOR 43-LOT SUBDIVISION The applicant prepared findings addressing the criteria for approval of an outline plan for a subdivision. The Council finds that the applicant has met the burden of proof for approval of an outline plan. The criteria for approval are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural feature of the land; such as wet/ands, floodplain corridors, ponds, large trees, rock outcroppings, etc..., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this chapter. 8. DECISION 8.1 Based on evidence and testimony contained in the whole record, the City Council finds that the application for an annexation meets the criteria for adequate transportation as required in 18.108.065.C.4. The Council approves the request for annexation, with the attached conditions. 8.2 Based on evidence and testimony contained in the whole record, the City Council finds that the criteria for approval for Outline Plan approval for a 43-1ot subdivision has been met. The Council approves the request for subdivision approval, with the attached conditions. 1 ) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a public pedestrian/bicycle easement be shown on the final plan linking the project site to the park property to the north, and that the surfaces of the bicycle/pedestrian paths through the common areas be approved by the Bicycle Commission. 3) That hydrant installation be done such that all homes are within 250 feet of a hydrant having adequate flow. Required hydrants to be in and operational prior to issuance of building permits for individual homes. All other requirements of the Ashland Fire Department shall also be met. 4) That all easements for sewer, water, electric, and streets be indicated on the final survey plat as required by the City of Ashland. 5) That the property owner enter into an agreement with the City of Ashland guaranteeing that 25% of the units (11 units) comply with the resolution establishing affordable housing income and purchased cost levels. Agreement to be recorded prior to the adoption of the ordinance annexing the property. 6) That a boundary description and map be prepared by a registered land surveyor prior to the adoption of the ordinance annexing the property. Such description to include the rear portions of the adjoining properties included as part of this annexation. 7) That full engineered construction drawings be provided for all streets, crossings and utilities as part of Final Plan approval. 8) That a copy of the CC&R's indicating responsibility for maintenance of open space and common areas be submitted at the time of Final Plan for review and approval by the City of Ashland. 9) that the subdivision as a whole, sign in favor of a local improvement district for future street improvements to North Mountain Avenue, including curb & gutter, storm drainage facilities, and sidewalks. 10) That a site, size, and species specific landscaping plan for neighborhood open spaces, planting strips and riparian areas be submitted for review at the time of Final Plan. Landscape plans to incorporate drought resistant plant species. 11 ) That the subdivision as a whole agree to participate in a fund for a signal at the East Main and North Mountain intersection, based on a fair share cost assigned to the development's traffic generation APPROVED AND ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 19, 1995. Mayor Attest-City Recorder