HomeMy WebLinkAbout1992-1103 CITY FINDINGSBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
October 20, 1992
IN THE MATTER OF PLANNING ACTION #92-097, REQUEST FOR A )
ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FOR THE )
PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF )
MOUNTAIN AND HERSEY STREETS, NEAR WILLIAMSON WAY (MAHAR)
PROPERTY). ZONE CHANGE INVOLVES CHANGE FROM E-1 TO R-2 )
AND R-1-3.5P. ZONE CHANGE IN ACCORD WITH MEDIATED )
SETTLEMENT REGARDING THIS PROPERTY. )
APPLICANT: CITY OF ASHLAND )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 6400 of 391E 9AB and tax lot 3502 of 391E 4DC are located at
southwest of the intersection of Mountain and Hersey Streets, near
Williamson Way (Mahar Property) and are zoned E-i; Employment.
2) The applicant is requesting a Zone Change from E-1 to R-2 and R-1-
3.5P, and Comprehensive Plan map change from Employment to Low Density
Multi-family Residential and Suburban Residential. A site plan is on
file at the Department of Community Development.
3) The criteria for approval of a Type III amendment are as follows:
Type III amendments are applicable whenever there exists:
a public need;
the need to correct mistakes;
the need to adjust to new conditions;
or where compelling circumstances relating to the general
public welfare requires such an amendment.
4) The Planning Commission, following proper public notice, held a
Public Hearing on August 11, 1992, at which time testimony was received
and exhibits were presented. The Planning Commission recommended
approval of the application as presented.
5) The City Council, following proper public notice, held a Public
Hearing on October 20, 1992, at which time testimony was received and
exhibits were presented. The City Council approved the application as
presented.
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
lIMIt
SECTION 2. CONCLUSORY FINDINGS
2.1 The 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 Council finds that the proposed Zone Change from E-1 to R-
2 and R-1-3.5P, and Comprehensive Plan map change from Employment
to Low Density Multi-family Residential and Suburban Residential
meets the criteria for approval for a Type III Amendment under AMC
18.108.060B.
2.3 The Council finds that the proposed zone change and
comprehensive plan map change arises from the need to adjust to new
conditions. Evidence in support of the zone change was previously
presented as part of the conditional use permit application on this
property (PA89-071). The Council finds that information contained
in the record for PA89-071 shows that approximately 6.5 acres of
the parcel has slopes of between 15 to 25 percent, which make it
unsuitable for commercial/industrial uses. It is in this area that
the Council finds residential uses to be appropriate, and considers
a zone change justified as the prescribed means for adjusting to
these conditions.
2.4 The Council believes there is an adequate supply of E-1 zoned
property within the City to accommodate potential
employment/industrial uses based on the Commercial and Industrial
Lands Inventory published by the City in February of 1991. Further,
approval of this application should facilitate the development of
infrastructure for the future subdivision of the E-1 zoned portion
of the property, ultimately leading to the creation of E-1 lots
that are serviced for construction and occupancy.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the proposed Zone Change from E-1 to R-2 and R-1-
3.5P, and Comprehensive Plan map change from Employment to Low Density
Multi-family Residential and Suburban Residential is supported by
evidence in the record.
Therefore, based on our overall conclusions, we approve Planning Action
#92-097. The following condition is attached to the approval:
1. That this Zone Change and Comprehensive Plan map change be in
accordance with Exhibit "B" of the signed mediation agreement dated May
5, 1992.
ADOPTED this -~-~F~' day of November, 1992.
Nan E. Franklin
City Recorder
Catherine M. Golden
Mayor