HomeMy WebLinkAbout1991-0903 WARREN FINDINGSBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
September 3, 1991
IN THE MATTER OF PLANNING ACTION #91-089, REQUEST FOR )"
ANNEXATION OF A 0.15 ACRE PARCEL ADJACENT TO THE OAK )
KNOLL GOLF COURSE ON CROWSON ROAD, APPROXIMATELY 600 )
FEET WEST OF THE INTERSECTION OF CROWSON ROAD AND )
HIGHWAY 66. )
APPLICANT: RANDY WARREN )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 2400 of 391E 13B is located adjacent to Oak Knoll Golf
Course, approximately 600 feet west of the intersection of Crowson Road
and Highway 66 and is zoned RR-5 (Jackson County).
2) The applicant is requesting Annexation of a 0.15 acre parcel. A site
plan indicating the proposed building envelope for the lot is on file
at the Department of Community Development.
3) The criteria for approval for Annexation are found in 18.108,190
and are as follows:
That the land is within the City's Urban Growth Boundary.
B. That the proposed zoning and project are in conformance with the
City's Comprehensive Plan.
C. That the land is currently contiguous with the present City
limits.
D. That public services are available or can be made available to the
site.
E. That a public need for additional land, as defined in the City's
Comprehensive Plan, can be demonstrated.
4) The City Council, following proper public notice, held a Public
Hearing on September 3, 1991, 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 Common 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 "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 Annexation of
0.15 acres meets all relevant criteria outlined in the Annexations
Chapter 18.108.190.
2.3 Based on the Staff Report, public testimony and exhibits
received, the Council makes the following findings for approval:
That the land is within the City's Urban Growth Boundary.
As shown on the City's Comprehensive Plan and Zoning map, the site
is within the City's Urban Growth Boundary.
B. That the proposed zoning and project are in conformante with
the City's Comprehensive Plan.
The Comprehensive Plan Map designation for this parcel is Single
Family Residential. The applicant has requested a city zoning
designation of R-i-10P, identical to that of Oak Knoll and
Barrington Place subdivisions.
That the land is contiguous with the present City Limits.
The current City Limits runs along the east, west and north
property lines of the proposal site, therefore making the parcel
contiguous with the present City Limits.
D. That public services, including but not limited to adequate
sewer, water, and electric utility capacity, access to fully
improved public streets, and storm drainage; are available or can
reasonably be made available to the site within 3 years time, and
that the applicant or the City have the financial resources to
extend City services within that time frame.
Sewer: Sewer service is available from Oak Knoll Meadows
subdivision and potentially from the newly proposed subdivision to
the south. The applicant will need to obtain a public utility
easement across private property to hook into the sewer main
located in Oak Knoll Meadows. Also, an easement will be needed to
extend sewer from Oak Knoll Meadows across the golf course to the
development. The problem with this plan is that the streets within
Oak Knoll Meadows are under a no cut moratorium for five years. In
order to obtain sewer service, the applicant would have to obtain
approval from the Council to cut the street.
The Council recommends the applicant coordinate sewer service with
the proposed development of the adjacent property. Since the street
proposed to serve the new development has yet to be constructed,
the two property owners could work together to insure sewer service
to all parcels.
Water: City water lines will have to be extended down Crowson Road
to serve the lot.
Electric: Electricity is available from Crowson Road and will be
extended to the proposal site. If the existing power pole and
anchors need to be relocated, it will be done by the property
owner.
Public Streets: The property has frontage on Crowson Road.
Crowson Road is a 30' wide, county maintained road which has
recently been re-surfaced with asphalt. The County plans to stripe
Crowson Road with two, 11' wide travel lanes and two, 4' wide paved
shoulders.
Storm Drainage: All run-off associated with future improvements
on the site can be accommodated by the existing drainage ditch
located along Crowson Road. An on-site retention system can be
developed if necessary.
E. That a public need for additional land, as defined in the
City's Comprehensive Plan, can be demonstrated.
The Comprehensive Plan sets forth a goal and three policies which
address "public need" as expressed in the above criterion.
Goal: It is the City of Ashland's goal to maintain a compact urban
form and to include an adequate supply of vacant land in the City
so as not to hinder natural market forces within the City, and to
insure an orderly and sequential development of land within the
City Limits.
Policy VII-1 The City shall zone and designate within the Plan Map
sufficient quantity of lands for commercial and industrial needs
of its residents and a portion of rural residents consistent with
the population projection for the urban area.
The Council believes this policy refers to annexation and zoning
of commercial and industrial land and is not applicable to this
application.
Policy XlI-1 The City shall strive to maintain at least a 5-year
supply of land for any particular need in the City Limits. The 5-
year supply shall be determined by the rate of consumption
necessitated in the projections made in this Comprehensive Plan.
Evidence in the record shows that there exists at least a five-year
supply of land to meet projected single family housin~ needs. Since
the proposal will not reduce the supply of land below the five-year
figure suggested in the Comprehensive Plan, the Council finds the
application to be in conformance with Policy XII-1.
In this case, the Council believes it is prudent to increase the
city's inventory by approximately 0.15 acres. The proposal site is
bounded on three of four sides by the current city limits. Approval
of this application will allow for a smooth transition between city
and county zoned property, and provide for a more logical and
orderly extension of the City Limits.
Policy XII-2 The City shall incorporate vacant land only after a
showing that land of similar qualities does not already exist in the
City Limits, or if annexation is necessary to alleviate a probable
public health hazard.
In a letter from Steve Hall, Public Works Director, to Brian Almquist,
City Administrator, dated October 30, 1990, Mr Hall States: "If Mr.
Meister is willing to construct the private facilities to connect to
city sanitary sewers, it is in the overall interest of the City Council
to approve the request as it is one less "on-site" sewage system to deal
with in the future."
The Council finds that it is in the best interest of the public health
to have this parcel hook up to City sewer service.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the proposal for Annexation of 0.15 acres 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
#91-089. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #91-089
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 the property owner sign in favor of paying a fair share of
future water and sewer line extensions in Crowson Road.
3) That City sewer and water service be extended and available to the
property prior to issuance a building permit.
4) That the property owner(s) agree to pay assigned share of future
street improvements to Crowson Road, including curb and gutter, closed
storm drains, sidewalk, and a sanitary sewer line for the full frontage
of the property. '.
5) That the owner agree to pay assigned share for the extension of the
water main for the entire parcel frontage, northeast along Crowson Road.
6) That if Planning Action #91-089 is appealed to the Oregon State
Land Use Board of Appeals (LUBA), that the City of Ashland will not
participate in the defense of such appeal.
Dated this
day of September, 1991
Nan E. ~ranklin, City Recorder
Ca~herine M. Golden
Mayor