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HomeMy WebLinkAbout1994-1018 CURRY FINDINGSBEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND October 18, 1994 IN THE MATTER OF PLANNING ACTION 94-081, A REQUEST FOR A COMPREHENSIVE PLAN MAP AMENDMENT, ZONING MAP AMENDMENT, MODIFICATION OF THE DETAIL SITE REVIEW ZONE BOUNDARY, AND SITE REVIEW, FOR PROPERTY ON EAST SIDE OF NORTH MAIN STREET OPPOSITE MAPLE STREET. APPLICANT: CLIFF CURRY ................................................................................................. ) ) ) FINDINGS, ) CONCLUSIONS, ) AND DECISION RECITALS: 1) Tax Lots 1100, 3900, 4000, 4100, 4200, and 4300 of 39 1E 05DA are located on the east side of North Main Street opposite the Maple St. intersection and are zoned E-I. 2) The applicant is requesting a Site Review to construct a 114-unit "congregate care" facility, a Plan Amendment/Zone Change to Health Care (HC), and a modification of the Detailed Site Review Zone boundary. 3) The City Council, following proper public notice, held a public hearing on September 6, 1994, at which time testimony was received and exhibits were presented. Following the close of the public hearing, the City Council deliberated on the matter and voted to approve the application, subject to conditions pertaining to the appropriate development of the site. The vote of the Council was unanimous. Now, therefore, the City Council of the City of Ashland finds and concludes 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 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. City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 1 SECTION 2. CONCLUSORY FINDINGS 2, 1 The City Council finds that it has received all information necessary to make a decision based on the facts and evidence in the record, which includes the applicant's submittals, the Staff Report, public hearing testimony, and the exhibits received. 2.2 The City Council finds that: A. With Regard to the Plan Map Change/Zone Change: 1. This is an application for a Comp Plan Map Change/Zone Change from Employment (E-1) to Health Care (HC), and a modification of the Detailed Site Review (DSR) boundary, for a site of approximately.four acres located east of North Main Street, opposite the Maple Street intersection. The purpose of the application is to allow development of a congregate care residential facility, which provides for the housing needs of the senior population. This type of residential facility is included as a permitted use in the HC zone. 2. The project is for a congregate care residential facility for elderly citizens. There is no similar facility of this type in Ashland, and the community is lacking in this type of housing. The lack of this type of housing opportunity for the elderly is contrary to the Housing Goal of the Comp Plan, which calls for housing opportunities for the total cross section of Ashland's population to be provided. Currently, Ashland residents must leave the community to obtain this type of residential facility. The Council has received testimony from several long-time, elderly residents, who stated that they want to spend their remaining years as residents of the city, but there is currently no suitable housing to provide for their needs once they are no longer able to maintain their own homes. This facility will provide the needed housing, and offer the opportunity for residents of Ashland to remain in the community during their later years. Even those who testified in opposition to this project have agreed that this type of housing is needed. Based on the testimony and evidence presented, the City Council finds that it is necessary and appropriate, and to the advantage of the community, to provide this type of housing facility so that elderly residents of Ashland can remain in the community. Provision of this type of housing is consistent with the requirements of the Housing Goal of the Comp Plan. The project will fill a recognized need in the community, and as such meets zone change criteria 18.108.060 B.I.a. which requires a showing of a public need supported by the Comprehensive Plan. City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 2 3. The project will in-fill vacant urban land at a site that is physically and locationally appropriate for this use. This is consistent with the Housing Policies of the Comp Plan. In-fill of vacant urban land contributes to the maintenance of a compact urban area, and makes efficient use of public facilities, including public transit. The physical characteristics of the site, including the slope, the existing vegetation, the bordering railroad right of way, and the water course, contribute to the site's aesthetics and the ability to design the project in a manner that will be compatible with the surroundings. The development design has been adapted to the site to incorporate these features. The site is located in convenient proximity to the hospital, an important consideration for elderly housing. It is also in close proximity to downtown, and it is along a public transit route. The combination of these Iocational features make the site unlike any other in the urban area, and make the site particularly appropriate for housing for the elderly. Based on these factors, the City Council finds that the site and the location are appropriate for the proposed use, and for the type and scale of development that is proposed. 4. The project will provide direct financial benefit to the Ashland Community Hospital. The hospital is an essential community facility. Maintenance of a viable, functioning hospital benefits all of the citizens in the community. The City Council believes this project will contribute to the long-term financial stability of the hospital, which will be to the benefit of the current and future residents of the community. 5. Traffic movement at the intersection of North Main and Maple is a concern at present due to congestion caused by left turn movements from northbound North Main onto Maple. Concern was expressed over the effect of the proposed development on this situation, since the site driveway will access North Main opposite the Maple Street intersection. Traffic volumes from this development will be low. According to the applicant's traffic generation data, the project is estimated to generate 247 trips per day. This is consistent with the traffic volume projections for this type of use presented "Trip Generation", an Institute of Transportation Engineers (ITE) manual, a widely-recognized, standard reference which is used by the City for estimating the traffic impact of development proposals. There has been no other documented evidence presented in this case to suggest that the applicant's estimate or the ITE projection are not accurate or representative for the type and scale of development proposed. The management company's experience shows that many of the elderly residents give up their private autos and no longer · drive. Typically, only about 25% of the residences keep their private cars. The management will provide a van service to transport residents to appointments, errands, and on City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 3 recreational excursions. In addition to the van service provided by the management, public transit will be available at the transit stop to be provided by the developer at the property's North Main frontage. These factors will combine to minimize the traffic volume generated by this project. The applicant will participate in making improvements to North Main. The improvements will include a northbound left turn lane for traffic entering Maple Street, and a southbound left turn lane for traffic entering the development. The new left turn lanes will leave the regular travel lanes open for through traffic to proceed without delay, which will result in an overall improvement in conditions with regard to traffic flow and safety. The volume of traffic that the project is estimated to generate is below the volume necessary to warrant a traffic signal at this location. The Oregon Department of Transportation (QDQT) has reviewed the proposal for its traffic impact, and has submitted comments. ODOT has commented that a traffic signal is not currently warranted by conditions at this location, and one will not be warranted as a result of the traffic generated by the proposed development. A traffic signal cannot be installed at this intersection without agreement from ODOT. Based on the low traffic volumes to be generated by the proposed development, the alternatives to the private auto that will be available, the street improvements to be made at the North Main and Maple intersection, and the ODOT comments, the City Council finds that with the recommended measures the development will not create an unacceptable impact on the street system. 6. The site is proposed for removal from the DSR zone. The DSR zone imposes a 45,000 s.f. limit on building square footage. The DSR zone was created out of concern for large- scale industrial and commercial development, which could have adverse impacts on adjacent property, and in particular with regard to "big box" retail stores that are considered to be out of keeping with the scale of the community. The site is currently within the DSR zone because it was zoned E-l, which permits commercial and industrial uses. However, the type of residential development proposed in this application was not the subject of the DSR zone building size limitation. The zone change to HC for this specific use will remove the possibility for the types of commercial or industrial uses that are necessary to regulate under the DSR provisions. Use of the DSR standards to limit the size of commercial and industrial development in Ashland remains appropriate and necessary. The City Council finds that the type of development proposed in this case is neither City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 4 commercial or industrial. It is a special-purpose type of residential facility, dedicated to provide for the needs and care of the elderly. This type of residential use is not regulated by the square footage limitation of the DSR zone. The layout and design of the project has been carefully adapted to the unique characteristics of the site, and the location. These characteristics include the size, shape, and slope of the property, the existing vegetation, and its proximity to the hospital, medical offices, public transit, and downtown. The City Council finds that the special purpose of this residential facility to provide housing for the elderly, with the special needs and considerations that attend to persons in that age group, represent unique circumstances that warrant removal of this site from the DSR zone. 7. The applicant has submitted facts and evidence, in writing and in testimony, that justify the proposal according to the criteria and standards that are applicable and relevant to the request. This information has been considered along with all of the testimony in favor and opposed to the application. The applicant has addressed the criteria for a zone change and Comp Plan map amendment, the applicable and relevant goals and policies of the Ashland Comprehensive Plan, and the applicable Statewide Planning Goals and Guidelines. This information is presented in the "Applicant's Statement" report, which is included in the record of this case and made a part of these findings by reference. The criteria for approval of a comprehensive plan map change and zone change are the following: Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive P/an. b) The need to correct mistakes. c) The need to adjust to new conditions. Where compelling circumstances relating to the general pubtic welfare require such an action. Based on consideration of all of the facts and evidence in the record, the City Council finds that the applicant has met the burden of proof for the Comp Plan Map Amendment/Zone Change, and modification of the DSR boundary, and the proposal is justified, specifically finding that the application meets a public need. City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 5 B. With regard to the Site Review: 1. The layout and design of the project has been adapted to the characteristics of the site. The perspective of the height of the buildings has been minimized by using the slope of the land. The railroad right of way along the east property line provides additional space between the proposed buildings and development to the east. The thick blackberry growth along the railroad will be left in place to provide visual buffer. Site development will include extensive landscaping, which will provide additional screening. The existing water channel will be relocated on site and will provide an additional amenity. Internal walkways will connect to the public sidewall< to be constructed along North Main. The buildings will be architecturally designed to break up the vertical and horizontal mass by variations in height, variations in exterior siding materials, colors, and textures, and by including structural features such as gables and dormers. The Council finds that the combination of site and design features will give the project a residential character that fits in with the other residential styles on adjacent and surrounding properties, which include single family dwellings and multi-family apartment buildings. 2. The proposed building layout on the site includes substantial separation from the homes to the east. The multi-story buildings will be set back a minimum of 58.5' from the east property line. This exceeds the required setback of 30'. The adjoining railroad right of way adds another 60' of separation. In addition, the proposed buildings meet the height limitation of 35' from average grade imposed by the development standards. The combination of the large separation between the multi-story buildings and the existing homesites to the east, and the height limitation, results in the maintenance of a compatible visual relationship between the proposed buildings and the existing homes. 3. The project design includes three separate main buildings. The center building will contain common facilities for use by the residents such as the dining hall, and elevators. The side buildings will contain individual living units. The side buildings will be joined to the center building by enclosed walkways. The purpose of the enclosed walkways is to provide the elderly residents with safe, secure, all-weather passage between the buildings. This is necessary to provide access to the elevators, dining hall, and other common facilities in the center building. There is no other connection between the individual buildings. The separation of the three main buildings in this manner diminishes the effect of the building mass. 4. The design and layout of the project provides an appropriate streetscape along North Main with regard to building locations, height, mass, and landscaping. The. Historic Commission was supportive of the proposal and in City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 6 general was favorable towards the design. The development has been designed with regard to compatibility with the neighborhood to the east. This will be achieved by the setback from the property line and the architectural features presented in the application, including the variations in building height, materials, colors and textures, and structural features such as gables and dormers. 5. According to information in the record all public facilities and services necessary for the project are, or will be made, available at levels sufficient to provide for the type and scale of use proposed. Storm water drainage will be provided as a part of the development design, and will include on-site detention. 6. The applicant has demonstrated compliance with applicable Site Design and Use Standards by presenting site plans, testimony at the hearings, and a document entitled "Ashland Retirement Residence-Relationship to the Detailed Site Review Zone Standards". This document details compliance with each of the applicable design review standards, and is a part of the record in this case and made a part of these findings by reference. The application further complies with the requirements of the Detail Site Review zone, with the exception of the issue of total gross square footage and distance between buildings. The Council finds that the concurrent action amending the Detail Site Review zone boundary to exclude this property allows for the finding of compliance with the applicable criteria. The applicant's compliance with the majority of the Detail Site Review standards supports the Council in the finding of overall compliance with the Site Design and Use Standards. 7. The criteria for approval of a Site Review are as follows: A. Aft applicable City ordinances have been met or w/I/be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. 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. Based upon the site characteristics and development design features City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 7 described in the application and testimony, the City Council finds that the scale, design, height, mass, bulk, and landscaping features of the development are appropriate for the site and the location; the applicable Site Review criteria have been met; and the project will be compatible with development and uses on adjacent and surrounding lands. For these reasons, the requested Site Review is approved. SECTION 3. DECISION 3.1 Based on the facts, evidence, and testimony contained in the case record, including the testimony received at the Public Hearing on this matter, the City Council concludes that there is a lack of this type of housing for the elderly in the city, and therefore the proposal represents a needed type of housing in Ashland; that the project will benefit the elderly population of the community, and the hospital, and is therefore in the best interests of the community in general; and that the location of the property is appropriate for this type of use considering the proximity to the hospital and downtown, its access along a major street and transit route, and with regards to the character of the surrounding neighborhood. For these reasons, the Plan map change and rezoning of the property from E-1 to HC to provide for this facility, and removal from the DSR zone, is appropriate and justified. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve the Site Review, the Plan Map Change/Zone Change, and the DSR boundary modification. Further, if any one of the conditions are found to be invalid, for any reason whatsoever, then Planning Action # 94-081 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 a bus stop/shelter, designed to the standards of the City of Ashland, be installed along the project's street frontage. The final location and design shelter to be approved by the Staff Advisor prior to the issuance of a building permit. Installation of such improvements within State Highway right-of-way to be done under permit from the Oregon State Highway Division. 3) That a public sidewalk be installed along the entire North Main Street frontage of the property prior to issuance of a certificate of occupancy for the new building. 4) That all requirements of the Ashland Fire Department (included in the memorandum dated February 24, 1994), including but not limited to hydrant installation, interior sprinkler system and ladder installation for roof access, be met prior to the issuance of a certificate of occupancy. City of Ashland Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 8 5) That a drainage plan be for the parking areas be submitted at the time of a building permit for review and approval by the Ashland Building Division. 6) That all proposed landscaping be installed as per the approved plan prior to the issuance of a certificate of occupancy. 7) That the design plans for the relocation of the existing drainage way be reviewed and approved by the Ashland Engineering Division. On-site storm drainage facilities to an engineered retention system to regulate flow into the channel, if deemed necessary by the Ashland Engineering Division. 8) That additional right-of-way be dedicated along North Main Street to accommodate future road improvements (i.e. turn lanes). 9) That all public utility easements be provided as required by City Departments. 1 O) That load and voltage needs of the project be provided to the Electric Department prior to the issuance of a Building Permit. Customer to do all excavating, backfilling and compaction. 11) That an opportunity to recycle site be located on the site in conformance with the standards adopted under AMC 9.22.030 prior to issuing a certificate of occupancy. Location and facilities to be reviewed and approved by Ashland Sanitary. 12) That the management company of the facility agree to participate in a local improvement district for the installation of a traffic signal at the intersection of Maple and North Main Streets. 13) That all building height calculations be shown at the time of a building permit. 14) That authorization for modifications to the existing wetland on the property be approved by the Oregon Division of State Lands prior to the issuance of a building permit. 15) That all on-site catch basins incorporate oil separators. Catch basin design to be included at the time of a building permit. 16) That the site plan be revised to show the pathway surrounding the project to be widened and improved for emergency vehicle use (one ton pick-up bearing). Access to the path to be provided from the driveway. 17) That the ingress/egress driveway for the project be a minimum width of 24 feet. City of Ashlan'~ Findings, Conclusions and Decision Planning Action 94-081 October 18, 1994 Page 9 18) That a provision be made to a allow for a pedestrian easement to connect to the adjacent parcel to the east, allowing ultimate pedestrian access to Glenn Street. 19) That all irrigation rights be protected and preserved and that all modifications to the existing irrigation ditch be approved by the State Watermaster in conjunction with the Ashland Engineering Division prior to the issuance of a building permit. 20) That all proposed outdoor lighting be shown on the building plans and comply with the City's Light and Glare Performance Standards outlined in 18.72.140 which prohibits the direct illumination of any residential property. 21) That covered bicycle parking be shown on the site plan at the time of a building permit and that it be installed in accordance with the specifications and design standards outlined in section 18.92.040 of the Land Use Ordinance. 22) That a public sidewalk be installed along the entire North Main frontage of the property and extend up to Glenn Street. Such improvements be installed prior to the issuance of a certificate of occupancy. Approved and adopted by the Ashland City Council on the 18th day of October, 1994. Mayor Catherine Golden Nan Franklin, City Recorder City of Ashland Findings, Conclusions and Decision Pianning Action 94-081 October 18, 1994 Page 10