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HomeMy WebLinkAbout1998-006 Findings - MorjigBEFORE THE ASHLAND CITY COUNCIL January 20, 1998 IN THE MATTER OF PLANNING ACTION #97-084, REQUEST FOR A ) LAND PARTITION. THE PROPOSAL INCLUDES THE EXTENSION AND ) IMPROVEMENT OF A PORTION OF FOREST STREET EAST OF WELLER) LANE. ) ) APPLICANT: STEVE MORJIG ) ) FINDINGS, CONCLUSIONS AND DECISION RECITALS: 1) Tax lot 2000 of 391E 16AB is located at 610 Ashland Street and is zoned R-l-10-P; Single Family Residential. 2) The applicant is requesting approval of three lot Partition. The proposal includes the extension and improvement of a portion of Forest Street east of Weller Lane. Site improvements are outlined on file at the Department of Community Development. 3) The criteria for approval of a Partition are as follows: no The future use for urban purposes of the remainder of the tract will not be impeded. So The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. Do The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. Eo The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. Fo When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. Go When there exists.a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphal tic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. So Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the s tree t. 4) The Planning Commission, following proper public notice, held a Public Hearing on October 14, 1997, 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 application was appealed in a timely manner in accord with ordinance requirements by Mark and Jini Danis. The Ashland City Council, following proper public notice, held a public hearing on January 6, 1998 at which time testimony was received and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Ashland City Council finds, concludes and decides 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 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 for a three lot Partition, including the extension and improvement of a portion of Forest Street east of Weller Lane meets all criteria for approval described in the Partitions chapter 18.76. 2.3 The City Council finds that all public facilities necessary to service the project are available and will be installed during street construction. Sewer, water and electric service will be extended from Ashland Street and/or Weller Lane. The water main will be extended southward from Ashland Street and connected to the water line in Weller Lane to provide a looped system. This will provide for better line pressure, resulting in better operating performance for the new hydrant. Surface run-off from the new street extension will be directed along the curb to the City's storm drain system. Forest Street will be extended eastward from where it intersects the top of Weller Lane and follow the southerly and a portion of the project's east boundary line. The street will be improved to a "half" street standard. This includes an asphalt driving surface 20 feet in width (two 10 foot travel lanes) and curb and gutter on the north and west side to control surface run-off. A full width, street improvement will be constructed along the existing, unimproved section of Forest Street that was dedicated as part of the Weller Lane Subdivision. In addition, a public sidewalk will be constructed along the south side of that one section of Forest Street. Given the development potential of the properties south and east of the project, the Council finds that the remaining width of the street would be constructed at the time those properties are subdivided. That improvement would likely include some additional pavement widening (optional), curb and gutter, and the continuation of the public sidewalk system. In addition, the City's official street dedication map identifies Forest Street connecting lower Morton Street to upper Weller Lane. This required street dedication adjoins the southerly and easterly boundary (only a portion) of the proposed site. The dedication of right-of-way for the extension and construction of Forest Street is required as part of partitioning the property as noted in the following section of the Street and Greenway Dedications chapter: 18.82. 060 Dedication Required Prior to Final Approval. A. Dedication of the future right-of-way for a street or greenway is required prior to final action on a partitioning, subdivision, or development requiring a planning action. A portion of the Forest Street extension will have a grade of 18 percent. Given the natural, steep topography east of Weller Lane, the Council finds the street grade necessary to ultimately connect Weller Lane to lower Morton Street as shown on the City's Transportation Plan Map. The Council specifically refers to section 18.76.170 of the Partitions chapter which requires land partitions to "comply with the requirements of the Subdivision Chapter relating to streets." The reference to the "Subdivision Chapter" is interpreted to mean Chapter 18.80 entitled "Subdivisions." Section 18.80.020.B.13 provides: "Street grades shall not exceed the following (streets in steeper areas shall use curvilinear, contour-oriented construction): Type of Street Maximum Grade Arterials Collector Streets Minor Streets 7 percent 10 percent 10 percent Where existing conditions, particularly the topography, make it otherwise impractical to provide buildable lots, the Planning Commission may accept steeper grades. In flat areas, allowance shall be made for finished street grades having a minimum of one-half (1/2) of one (1%) percent." The Council finds that under this code provision a new minor or collector street cannot exceed 10% unless "existing conditions, particularly the topography, make it otherwise impractical to provide buildable lots." The Council finds that the topography in this instance related to the extension of Forest Street off of Weller Lane necessitates a grade in excess of 10%. The Council finds that the proposed grade of 18% is acceptable to allow for the provision of buildable lots in accord with section 18.80.020.B.13. The Council further finds that the Forest Street connection is an adopted street extension indicated on the City's Street Dedication Map and that it provides an important neighborhood connection and facility to allow efficient future development of the area. The Council finds that another ordinance provision related to street grades - 18.88.050.B.1, street and flag drive grades in Performance Standards Developments - is not applicable to this development. The proposed action is a partition and not a performance standards development. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for a three lot Partition, including the extension and improvement of a portion of Forest Street east of Weller Lane is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #97-084. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #97-084 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 all public improvements associated with the extension and construction of Forest Street be designed and bonded for prior to the signature of the final survey plat. Forest Street improvements to be constructed in accordance with the approved plan prior to the issuance of a building permit for parcel 3. 3) That Forest Street construction documents be prepared by a licensed, Oregon civil engineer, and be reviewed and approved by the Ashland Engineering and Planning Divisions prior to proceeding with construction. That the Forest Street construction drawings include allowance for a 4' wide, level pedestrian path along the north and west side. Drawings to also include driveway approach information for the existing driveways located at 620 Weller Lane and 600 Ashland Street (Tax lots #2128 and #2001). Final driveway profiles to be reviewed and approved by the Ashland Engineering Division. 5) That the recommendations of the Tree Commission be incorporated into a revised site, size and species specific landscaping plan at the time of Final Plan approval. 6) That all requirements of the Ashland Fire Department, including but not limited to adequate hydrant flow, spacing and installation be complied with prior to the signature of the final survey plat. 7) That easements be designated on the final survey plat for all shared driveways and walkways. 8) That all easements for sewer, water, electric, and streets be indicated on the final survey plat as required by the City of Ashland. 9) That the subdivision as a whole, sign in favor of improvement district for the installation of sidewalks along Street prior to the signature of the final survey plat. a local Ashland 10) That a copy of the CC&R's indicating responsibility for compliance with the Tree Management Plan, which designates tree removal allowance, tree preservation and protection methods, be submitted for review and approval by the Staff Advisor prior to the signature of the final survey plat. 11) That temporary fencing be installed around the drip line of the trees to be preserved prior to any site preparation (i.e. grading), storage of materials on the property, the use of vehicles on the property or issuance of a building permit. project's preserved: That the following measures be incorporated development to ensure the health of mature during the trees to be a. The amount of fill within the dripline shall be minimized. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. Cuts within the dripline to be hand-cut and kept to a minimum. C o No fill to be placed around the trunk/crown root. 13) That any violation of either condition 11 or 12 caused by the applicant or property owner, resulting in the death of a tree within two years, requires that the dead tree be replaced by a comparable tree (2" in caliper) that will grow to a comparable maximum height with a similar canopy spread. 14) That the a final utility layout be presented for review and approval by the Staff Advisor prior to the signature of the final survey plat. Utility layout to be designed to minimize the routing of utilities through the driplines of trees noted for preservation. Mayor Catherine Golden Date