HomeMy WebLinkAbout1990-0320 PAULSEN ET AL FINDINGBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
MARCH 20, 1990
IN THE MATTER OF PLANNING ACTION #90-002, REQUEST FOR )
ANNEXATION AND ZONE CHANGE OF APPROXIMATELY 16 ACRES OF )
LAND LOCATED IN THE PEACHEY ROAD/PARADISE LANE AREA. )
ALSO A COMPREHENSIVE PLAN MAP CHANGE FROM SINGLE FAMILY )
RESIDENTIAL TO OPEN SPACE FOR THE AREA IN THE RAVINE TO )
THE EAST OF PARADISE LANE. ALSO A REQUEST FOR A MINOR )
LAND PARTITION TO DIVIDE TAX LOT 800 INTO THREE PARCELS.)
APPLICANT: PAULSEN, MCGEE, SETCHEL, BENESCH, )
ARCHDIOCESE OF PORTLAND OR., D. BARRETT, B. BARRETT, )
CASEBEER AND NIPPER. )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lots 200, 300, 400, 500, 600, 700, 800, 900, 901, 902, 903,
1000, 1001 and 1100 of 391E 15D are located north a south of Peachey
Road in the vicinity of the intersection of Peachey Road and Paradise
Lane and is zoned RR-5; Jackson County Zoning.
2) The applicants are requesting Annexation and zone change of
approximately 16 acres of land in the Peachey Road/Paradise Lane area,
and a Comprehensive Plan Map change from Single Residential to Open
Space for the area in the ravine east of Paradise Lane. The application
also involves a request for a Minor Land Partition to divide tax lot 800
into three parcels. A site plan is on file at the Department of
Community Development.
3) The criteria for approval of an Annexation are found in Chapter
18.108 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.
Further, the criteria for approval of a Minor Land Partition are found
in Chapter 18.76 and are as follows:
A) The future use for urban purposes of the remainder of the tract
under the same ownership will not be impeded.
B) The development of the remainder of any adjoining land or access
thereto will not be impeded.
C) The tract of land has not been partitioned for 12 months.
D) The partitioning is not in conflict with any law, ordinance or
resolution applicable to the land.
E) The partitioning is in accordance with the design and streets
standards contained in the chapter on subdivisions.
F) When there exists a 20-ft. wide access improved to the minimum
standards established in Section 18.76,170.
4) The City Council, following proper public notice, held a Public
Hearing on March 20, 1990, 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 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 "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
IIMw!
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 Annexation and
Zone change of approximately 16 acres of land in the Peachey
Road/Paradise Lane area, and a Comprehensive Plan Map change from
Single Residential to Open Space for the area in the ravine east
of Paradise Lane meets the criteria established for Annexation in
Chapter 18.108,190. The Council further finds that the request to
divide tax lot 800 into three parcels meets the criteria found in
the Partitions Chapter 18.76.
The Council the following findings:
That the land is within the City's Urban Growth Boundary.
All of the lots in this area are within the City's UGB.
B. That the proposed zoning and project are in conformance with
the City's Comprehensive Plan.
The Council finds it to be more appropriate to zone the property
north of Peachy Road to R-i-10-P and the property south of Peachy
Road to RR-.5-P. Specifically, the Council finds that the physical
character of the property, south of Peachy Road, coincides with the
reasons given for classifying property Low Density, as described
on page II-4 of the Ashland Comprehensive Plan. Plan text
specifically states:
The Low Density designation is necessary for several reasons, which
are:
a) Slopes of 30-50% in areas which are well dissected, containing
gullies and drainage areas which are steeper.
b) Access problems; the inability to vent an area using existing
road networks without creating undue traffic congestion on
residential streets in other existing neighborhoods.
c) The necessity to have lower density housing developments at the
urban-woodland interface, especially to prevent forest fires.
d) Limited public facilities which cannot be improved in the
foreseeable planning future. These public facilities may include
paved access, sewer and water service, as well as other necessary
public improvements.
The Council finds that the property is characteristic of the above
attributes and recommends a Comprehensive Plan Map change from
Single Family Residential to Low Density Residential for the
parcels south of Peachey Road.
C. That the land is currently contiguous with the present City
limits.
The area is a peninsula of county property surrounded by contiguous
City land.
D. That public services are available or can be made available to the
site.
There is presently a water main located in Peachy Road.
be extended, connecting with mains in Walker and
Services can be extended up Paradise Lane.
Sewer will
Hillview·
E. That a public need for additional land, as defined in the City's
Comprehensive Plan, can be demonstrated.
There are several policies which are related to and supportive of
this annexation:
XII-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.
XII-2
The City shall incorporate vacant land only after a shown
that land of similar qualities does not already exist in
the City limits, or if annexation is necessary to
alleviate a probable health hazard.
There is evidence of failing septic in this area, which may effect
ground water and wells serving the existing residences currently
in the county.
XII-3
The City shall enter into a cooperative agreement with
Jackson County. This agreement shall designate the
City's and County's joint policies for land not
urbanized. Generally speaking, land not in the City's
urban growth boundary is to be maintained in a rural
state. Land between the City limits and urban growth
boundary is to be maintained in a rural state until
annexed by the City. Urban-level development in the
County, but within the urban growth boundary, is
inappropriate to the needs and desires of the City of
Ashland to implement its urbanization goal.
The Council believes this area is presently near urban levels.
All parcels are well below the minimum lot size of 5 acres
prescribed by the County. Access to the area is by City streets,
with Peachy serving as a through street between neighborhoods.
This area is at or very near urban level development, therefore the
Council believes it is appropriate that it be included within the
city limits.
x-1 b)
Unpaved and poorly surfaced streets should be improved to
provide more efficient traffic flows.
Annexation would require all property owners to sign in favor of
future improvements to Ross Lane, Peachy Road, and Paradise Lane.
Peachy and Paradise could ultimately be paved in the near future
by the local improvement district process due to this annexation.
v -l c)
Consistent with policies relating to growth form, City policy
should encourage development of vacant available lots within
the urban area, while providing sufficient new land to avoid
an undue increase in land prices. This shall be accomplished
with specific annexation policies.
The above policy is supportive of the annexation and supported by
the request.
IV-32
As a means to provide habitat, implement programs that
will 1) ensure open space, 2) protect scenic and natural
resources for future generations, and 3) promote a
healthy and visually attractive environment in harmony
with the natural landscape.
The Comp. Plan amendment of the area, changing the ravine from
single family residential to Open Space directly supports this
policy. The P overlay zone will insure development under the more
flexible and environmentally sensitive Performance Standards.
IV-46
Recognize the major contribution that unpaved roads make
to the valley's air quality problems and make concerted
efforts to get as many as possible of Ashland's unpaved
roads paved to reduce this problem.
The signing in favor of improvements to Ross Lane, Peachy Road and
Paradise Lane of all properties to be annexed will lead to the
paving of these roads in the near future.
Further, for the Comprehensive Plan Amendment, from 18.108.080, it states
that 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. The Council finds that the Open Space change would be most
applicable for the need to correct mistakes; this area clearly should have
been included on the original Comprehensive Plan map as Open Space. Also,
there is a public need to maintain environmentally sensitive areas and limit
their development.
The criteria for approval of a minor land partition are found in 18.76 and
are as follows:
A) The future use for urban purposes of the remainder of the tract
under the same ownership will not be impeded.
B) The development of the remainder of any adjoining land or access
thereto will not be impeded.
c) The tract of land has not been partitioned for 12 months.
D) The partitioning is not in conflict with any law, ordinance or
resolution applicable to the land.
E) The partitioning is in accordance with the design and streets
standards contained in the chapter on subdivisions.
F) When there exists a 20-ft. wide access improved to the minimum
standards established in Section 18.76.170.
The Council finds that the partition as proposed meets the applicable
criteria.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the request for Annexation and Zone change of
approximately 16 acres of land in the Peachey Road/Paradise Lane area,
and a Comprehensive Plan Map change from Single Residential to Open
Space for the area in the ravine east of Paradise Lane 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 approved Planning Action
#90-002.
1) That additional right-of-way be dedicated along Ross Lane as
required by the Public Works Department to ensure adequate roadway width
for future development. This will involve parcels 200, 300, 500, 600,
and 700.
2) That Ross Lane not be improved west of Garden Way and the that the
portion west of Garden Way be deleted from the Transportation Map and
replaced with a bikeway and pedestrian path dedication. That the parcels
abutting Rosss Lane east of Garden Way legally agree to participate in
the costs and to waive the rights of the owner of the subject property
to remonstrate both with respect to the owners agreeing to participate
in the costs of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and
costs thereof. Full street improvements shall include paving, curb,
gutter, sidewalks and the undergrounding of utilities. This requirement
shall be precedent to the issuance of a building permit or any planning
action involving the property.
3) That the parcels abutting Peachy Road shall legally agree to
participate in the costs and to waive the rights of the owner of the
subject property to remonstrate both with respect to the owners agreeing
to participate in the costs of full street improvements and to not
remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall
include paving, curb, gutter, sidewalks and the undergrounding of
utilities and sewer and water services. This requirement shall be
precedent to the issuance of a building permit or any planning action
involving the property.
4) That all parcels abutting Paradise Lane shall legally agree to
participate in the costs and to waive the rights of the owner of the
subject property to remonstrate both with respect to the owners agreeing
to participate in the costs of full street improvements and to not
remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall
include paving, curb, gutter, sidewalks and the undergrounding of
utilities and sewer and water service. This requirement shall be
precedent to the issuance of a building permit or any planning action
involving the property.
5) That all properties shall pay the Systems Development Annexation
Fee, as prescribed by ordinance.
6) That a boundary survey of the area be completed prior to first
reading of the ordinance approving the annexation before the City
Council. Such survey to include the Walker Avenue right-of-way.
7) That all properties shall connect to city sewer, water and electric
when made available.
8) That both drainages along Paradise Lane shall be indicated as
Riparian Preserve Creeks. The drainage on the west of Paradise Lane
shall be indicated as Riparian Preserve from the proposed city limits
to Ross Lane. The drainage on the east side of Paradise Lane shall be
indicated for Riparian Preserve from the proposed city limits to Peachy
Road.
9) That any development in the areas indicated as Riparian Preserve
be subject to the requirements of the Physical and Environmental
Constraints ordinance, including restrictions on fill and culverting.
10) That the property to the north of Peachy Road be zoned R-i-10-P and
that the property south of Peachy Road be zoned RR-.5-P.
11) That the Comprehensive Plan Map classification for the property
south of Peachy Road be Changed from Single Family Residential to Low
Density Residential.
For the minor land partition requested for lot 800:
1) That a survey be completed within one year of this approval and
subsequent to final approval of the annexation by the City Council.
This would be after the ordinance approving the annexation has become
effective.
2) That the access drive be paved to a 15' width to serve the first
residence and 12' to the second residence. Paving to the residence to
be completed prior to issuance of a certificate of occupancy.
3) That all necessary easements for sewer, water, and electric be
provided as required by the City of Ashland.
Dated this ~xl. I~. day of March, 1990
Nan ~ranklin
city Recorder
Catherine Golden
Mayor