HomeMy WebLinkAbout1999-144 Findings - Neuman/Brown0CT-01-1999 FRI 09:20 AM RTTORNEYS AT LAW FAX NO. 15417732635 P. 02/04
BEFORE ASHLAND CITY COUNCIL
OeJmbt,.,¢-- ,
Zn the Matter of Planning
Action ~97-054, Request for
Outline Plan Approval for a
25-Lot Subdivision Under the
Performance Standards Option
Located at Strawberry Lane.
Applicants: Doug Neuman,
Margaret Brown, and Paul
Mwoschinsky.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
I. INTRODUCTION
FINDINGS OF PACT AND CONCLUSIONS OF LAW for approval of an
outline plan for a 25-1ot subdivision under the performance
standards option on property legally described as 391ESAC Tax Lots
]01, 200, 201 and 500 located at Strawberry Lane.
II. RECITALS
1. Tax Lots 101, 200, 201 and 500 of 391E8AC are located
adjacent to Strawberry Lane and Mitt Road and are zoned RR-.5-P;
Low Density Rural Residential.
2. The applicants are requesting approval of a 25-1ot
subdivision under the Performance Standards Option. Site
improvements are shown on the outline plan and supporting documents
are on file at the Department of Community Development-
3. On May 12, 1998, the City Planning Commission approved
the applicant's application for the Strawberry Lane development
under Ashland Land Use Ordinance 18.88.030. On appeal to the City
Council, the Council conducted a de novo review on June 16, 1998,
during which it heard testimony from planning staff and the public.
The City Council closed the public hearing for deliberation but was
unable to reach a conclusion and directed planning staff to bring
options regarding improvement of the Strawberry Lane development to
the next City Council meeting held July 7, 1998. At the City
council meeting on July 7, 1998, the City Council accepted a City
council communication from the planning director, recommending that
Ehe City Council impose an additional condition, Condition 21,
~equiring the applicants to provide secondary paved access from the
intersection of Strawberry Lane to Alnutt Street to a paved
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0C, T-01-1999 FRI 09:20 ~M RTTORNEYS fit LR~ F~X NO. 15417732635 P. 03/04
collector street. The City Council voted to deny the appeal, and
approved the application with the addition of Condition 21.
Petitioners appealed the City Council's decision to LUBA. On
February 17, 1999, LUBA issued its opinion in which it upheld the
City Council's decision in everyparticular except for the adequacy
and capacity of the urban storm drainage system.
4. The City Council, following proper public notice, held a
public hearing on September 21, 1999, at which time testimony was
received and exhibits were presented. The City Council approved
the application subject to the conditions pertaining to the
appropriate development of the site.
III. CRITERIA
The only criterion at issue in this remand from the Land Use
Board of Appeals is Ashland Land Use Ordinance (ALUO)
18.88.030(A)(4)(b) regarding whether adequate urban storm drainage
can be provided and whether the development will cause the City's
urban storm drainage facilities to operate beyond capacity,
IV. FINDINGS OF FACT
The only criterion at issue is ALUO 18.88.030(A)(4)(b):
The Planning Commission shall approve the outline plan
when it finds that the following criteria have been met:
b, That adequate key city facilities can be
provided including * * * urban storm drainage
· * *' and that the development will not cause
a City facility to operate beyond capacity."
DISCUSSION:
1. On remand, the runoff that must be accounted for is the
runoff generated below the Strawberry Lane and Hitt Road
intersection. Runoff generated above this intersection will be
directed into a storm drain system that empties into Wrights Creek
and has already been demonstrated to meet the applicable criteria.
2. Storm runoE~ below the Strawberry Lane and Hitt Road
intersection will be collected by the City of Ashland's storm drain
system to be installed as part of the newly completed Master Storm
Drain System.
3- The runoff from the development will be collected and
directed into storm pipes to be installed in the City's already
acquired right of way.
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OCT-OI-leg9 FRI 09:21 aN aTTORNEYS aT LaW FaX NO. 15417732635 P. 04/04,
4, The development's storm drainage system will enter the
city's proposed storm drainage system at the intersection of
Strawberry Lane and Nutley Street.
runoff.
The development will generate approximately 7 cfs
6. The City's Master Storm Drain System plan included the
projected runoffs from the Strawberry Lane development in
determining the capacity requirements.
7. The size of the City's proposed storm drainage system
capacity is more than adequate to handle the runoff from the
development as well as runoff generated below the development.
v, CONCLUBIQNS OF LA~
Based upon the evidence submitted with this application and
the discussions, conclusions, and findings made above, the Ashland
City Council makes the following conclusions of law:
!. Based on the record of the public hearing on this matter,
the maps and plans submitted by the applicant upon remand, and the
City's Master Storm Drain plan, the Ashland City Council concludes
that the adequate urban storm drainage can be provided and that the
development will not cause the City's urban storm drainage
facilities to operate beyond capacity.
Therefore, based'on our overall conclusions, and upon the
proposal bein9 subject to each of the following conditions, we
approve Planning Action No. 98-054. The following are the
conditions and they are attached to the approval:
All conditions of the previous council approval of this
planning action shall apply.
That the storm drain improvements for Alnut and Nutley
indicated on the submitted plan from Hammond
Engineering (Job No. 97-07) be installed concurrently
with all street improvements for the subdivision.
Catherine Shaw
Mayor
Date