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HomeMy WebLinkAbout1992-0730 RAILROAD FINDINGSBEFORE THE ASHLAND CITY COUNCIL June 9, 1992 IN THE MATTER OF PLANNING ACTION # 92-001, A REQUEST ) FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN ) APPROXIMATELY 4 ACRE PARCEL LOCATED BETWEEN A STREET ) AND THE SOUTHERN PACIFIC RAILROAD TRACKS. ) ) APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 14600 of 391E09BA is located on the north side of "A" Street and is zoned E-l, Employment. 2) The applicant is requesting approval of a 16-lot commercial subdivision. 3) The criteria for approval of a preliminary plat for a subdivision are found in ALUO 18.80. 4) The Planning Commission, following proper public notice, held Public Hearings on April 14, 1992 and May 12, 1992, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as modified at the meeting subject to conditions pertaining to the appropriate development of the site. The Ashland City Council, following proper public notice, held a public hearing on July 30, 1992, at which time testimony was received and exhibits presented. The City Council approved the modified application 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 I~MI! 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 subdivision is supported by evidence contained in the whole record, and finds that that evidence provides grounds for approval of the application. 2.3 The Council finds that the land is zoned E-i, and that a subdivision is an permitted use . The Council finds that there are no minimum nor maximum parcel sizes for E-1 parcels, but rather that the lots be capable of supporting commercial development. The Council finds that the lots proposed are of adequate size to support commercial development as presently exists in the surrounding area. 2.4 The Council finds that the area from Sixth to Eighth Streets is indicated on the City's Open Space Plan map, a portion of the Comprehensive Plan, as a neighborhood park for the Railroad District. The Comprehensive Plan states the following: "Consideration of both existing and proposed (community) park areas reveals that several neighborhoods will be more than one-quarter mile from any park. Four parks are planned to accommodate the remaining neighborhoods that would need parks for casual, pedestrian use. The neighborhoods are the Oak Knoll area, the Guthrie Street area, the Railroad District, and the Wimer Street area." (emphasis added) Policy 6 of the Open Space element of the Comprehensive Plan states the following: "The City shall adopt an official map that will identify the planned areas for parks, new natural areas, conservation areas, and trails. Where only a portion of the property is required for park of open space use, development can occur on the remainder of the property. When only a small portion of the property is required for public purpose, and the new development will benefit from the public area, dedication may be required. Otherwise, the City will purchase the property, paying fair compensation. When development is possible, if the City does not have the funds available for the intended purchase within a reasonable amount of time, the City shall release the land from the Parks designation and allow the development consistent with other plan policies." The City Council finds that it is in the interest of the City of Ashland to acquire this identified area as a neighborhood park for the City. Section 18.80.020 G. of the Subdivision Chapter of the Ashland Land Use Ordinance states the following: "G. Land for public purposes. 1. The Planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one year, providing the City know of an intention on the part of the State Highway Commission, school district, or other public agency to acquire a portion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition." The City Council makes the following findings in relation to above mentioned ordinance regarding the reservation of lands: 1) The City of Ashland is a public agency desirous of obtaining a portion of this area for public purposes - specifically a neighborhood park. 2) The land for park purposes is identified on the adopted Open Space and Parks Plan of the City of Ashland, and the previously referenced areas of the comprehensive plan indicate an intention to acquire the land for public purpose. 3) On May 13, 1992, the Ashland Parks and Recreation Commission unanimously approved the expenditure of approximately $18,000 for earnest money to enter into an agreement to purchase the identified land between Sixth and Eighth Streets within one year. The Planning Commission finds that this action constitutes reasonable assurance that positive steps will be taken in the reasonable future for park acquisition. Therefore, the City Council finds that it can reserve the land identified on the City's Open Space and Parks Plan map as the area from Sixth to Eighth Streets for purchase as a public neighborhood park. 2.5 The City Council finds that "A" Street is an improved City street with current traffic flows of approximately 1500 trips per day, as indicated on the traffic counts provided by the City Engineering Division, dated 7/12/88. The Council finds that if the parking were removed from one side, that there is adequate capacity for further increases in traffic generated by future commercial uses on these parcels. The Council finds that this parcel is presently vacant, and that the division of the land into smaller parcels, in and of itself, 3 will not increase the traffic levels in the neighborhood. The Council further states that future development on any of the developed parcels will be required to obtain Site Review approval. At the time of that review, the applicants will be required to provide evidence of adequate capacity for transportation, and the ability of the surrounding streets to accommodate the traffic generated by specific future uses. Further, the Council finds that the reservation of approximately half of the property for neighborhood park purposes mitigates traffic problems by limiting the total area available for commercial development. The requirement for alleys also provides for service areas for trucks that will allow for deliveries to the properties while allowing the trucks to re-enter onto "A" Street in a forward manner, leaving the area via Fourth Street or Oak Street, without exiting through the other areas of the railroad district. 2.6 The Council finds that the preliminary plat, as modified by the conditions of approval, complies with the standards of ALUO 18.80. 2.7 The Council finds that the area near the Sixth and A St. intersection does not constitute a wetland due to its size being less than 1/2 acre in size, and it being fed by an off-site water source piped several blocks to this area. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the request for a subdivision, as modified by the conditions of approval contained in these findings, 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 #92-001. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-001 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) If the City is in a position to purchase the property prior to the recording of the final plat then the area reserved for a public park be indicated as one lot on the final survey plat. No alley dedications shall be required for this area if purchased and developed for park purposes, but shall be required if developed privately for commercial purposes. 3) That Fifth Street be dedicated to a 20' width across this property, 4 with adequate radius turns for all of the alleys proposed, as approved by the Public Works Department according to applicable standards. 4) That all alleys approved, as well as the street extension of Fourth Street, be installed and completed prior to signature of the final subdivision survey plat, as required in 18.80,050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by the formation of a local improvement district for all required improvements. 5) That a 5' sidewalk be provided along "A" Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3.5' street right-of-way dedication be provided for the full frontage along "A" Street, excepting that portion from Sixth Streets to Eighth Streets as part of the Phase I platting. Should Phase II be platted, then a 3.5' street right of way dedication shall be provided for this section as well. 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. That an easement be provided for the existing power line crossing at Sixth Street, and that the applicants and all future property owners coordinate electrical service with the Ashland Electric Division prior any further development or modifications. 8) That the area near Sixth Street, having a water line providing spring water to this area, be addressed as part of the overall improvements to the subdivision. Further, that the water line serving be located and protected by easement where it is not in the public right-of-way from its source to the subdivision property. 9) That the applicants receive certification from the Oregon Department of Environmental Quality that the property proposed for subdivision is not contaminated, and that future construction or park use of the land can be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 10) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 11) That the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. And that should a park be included as part of the development, that the alley indicated behind the area to be a neighborhood park be deleted from the subdivision design. 12) That an 8' bike path easement be dedicated to the City of Ashland along the rear of all parcels, adjacent to the railroad right of way, including Parcel 1 and lands dedicated for park purposes. Such easement to be indicated on the final survey plat. 13) That all future development within the subdivision shall provide recycling areas, in addition to the required trash areas. 14) That the area described as Lots 10,11,12,13,14,15, & 16 on the tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a period of one year from the filing of the plat, for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18.80.020.G.1. Mayor / Recorde~ (h: plan\c tt r rent\pa92 -001. FI2) Da e