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HomeMy WebLinkAbout1989-0321 CAPPODONA FINDINGSBEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON MARCH 21, 1989 IN THE MATTER OF PLANNING ACTION #89-012, REQUEST FOR ) OUTLINE PLAN APPROVAL FOR A SIX LOT SUBDIVISION UNDER ) THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY ) WEST OF WRIGHTS CREEK DRIVE AND APPROXIMATELY 300 FEET ) SOUTH OF THE INTERSECTION OF WRIGHTS CREEK AND GRANDVIEW) DRIVES. ) APPLICANT: CAPPODONA/McKENNA ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 600 of 391E 5CD is located west of Wrights Creek Drive and approximately 300 feet south of the intersection of Wrights Creek and Grandview Drives and is zoned R-l-10; Single Family Residential. 2) The applicant is requesting Outline Plan Approval for a six lot subdivision under the Performance Standards Option. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval of an Outline Plan for a subdivision under the Performance Standards Option are found in 18.88 and are as follows: a) That the development is consistent with City plans and with the stated purpose of this Chapter of the Land Use Ordinance. b) That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. c) That the development design minimizes any adverse effect on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. d) That adequate public facilities can be provided including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. e) That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. f) That there are adequate provisions for the maintenance of open space and common areas, that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire. g) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical. h) That all other applicable City Ordinances will be met by the proposal. 4) The Ashland City Council, following proper public notice, held a Public Hearing on February 8, 1989, 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, concludes and recommends as follows: SECTION 1. FINDINGS 1.1 The City Council hereby incorporates by reference the Staff Report noted as "Exhibit A", the findings submitted by the applicant noted as "Exhibit B", the Site Plan submitted by the applicant noted as "Exhibit C", the letter from Ashland Public Works Director, Steve Hall, dated December 12, 1988, noted as "Exhibit D", the memorandum from Steve Hall dated January 23, 1989, noted as "Exhibit E" and the minutes from the public hearing on this proposal held on February 8, 1989, noted as "Exhibit F". 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 believes that the proposal for Outline Plan approval for a six lot subdivision meets all relevant criteria of the Performance Options Chapter 18.88. Therefore, based on evidence contained in the whole record and the criteria contained in section 18.88,030 (4) the City Council makes the following findings: a) That the development is consistent with City plans and with the stated purpose of this Chapter of the Land Use Ordinance. The proposed six lot subdivision is in conformance with Ashland's Comprehensive Plan Map designation and Zoning Map designation of Single Family Residential. Although there is no minimum lot size requirement for subdivisions developed under the Performance Standards Option, the average size must be equal to or greater than that of the parent zone. The average lot size of this subdivision is 10,581 square feet, which is greater than the minimum of 10,000 square feet for the R-i-iO zoning district. b) That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. The majority of the development has been located on the gently sloping meadow area. The building envelopes are not located in the Wrights Creek Riparian area nor the Wrights Creek Road slope easement. Both of these areas will be maintained except for the removal of trees due to the construction of the new road across the creek channel. Condition #1 added to this approval will reduce building envelope sizes for lots 1-5 in order to retain additional species of Oak and Pine. Further, the applicant has indicated in their findings that trees located outside building envelopes, which are greater than six inches in diameter measured at breast height, shall be retained. c) That the development design minimizes any adverse effect on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. Potential adverse impacts on areas beyond the project site would most likely be associated with the construction of the road across Wrights Creek. In order to mitigate these potential impacts the following measures will be taken: 1) The culvert beneath the new road will be engineered for a 100-year flood. Also, at the time of Final Plan approval, the applicant's engineer will provide measures designed to mitigate blockage of the culvert caused by debris and accommodate possible overflow. 2) The new street shall be designed to dip as much as possible to prevent large ponding behind the culvert and to reduce the amount of fill required. 3) The 4' wide pedestrian path and on-street parking along the segment of the street crossing the creek will be eliminated. This will reduce the width of the street, resulting in a reduction of the width of fill within the creek channel. 4) An erosion control plan for the fill is required, which includes the placement of rocks, and plantings with netting to stabilize the slope. 5) A tree management plan for creek crossing is required, which includes retaining the maximum number of trees possible as well as cribbing trees closest to the fill. d) That adequate public facilities can be provided including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. Wrights Creek Drive is a fully improved street with curb and gutter. All utilities such as water, sewer and electric are available to the site (see memo from Ashland Public Works Director Steve Hall - "Exhibit E"). e) That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. There is an existing 12" water main located under Wrights Creek Drive, which has adequate volume and pressure to serve the six lots, including fire flow. Neighbors concerns regarding problems with adequate water flow when irrigating their properties in the summer months have been addressed in the memorandum from Steve Hall ("Exhibit E"). f) That there are adequate provisions for the maintenance of open space and common areas, that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire. No open space is proposed. g) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical. All new homes will be built to the City's Energy Efficient Standards. h) That all other applicable City Ordinances will be met by the proposal. All other applicable City Ordinances will be met by this proposal. 2.3 The City Council hereby adopts the applicant's findings as submitted. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for Outline Plan approval for a six lot subdivision 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 #89-012. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #89-012 is denied. The following are the conditions and they are attached to the approval: 1) That all new homes be built to the City's Energy Efficient Standards. 2) That a Physical Constraints Review Permit be processed at the time of Final Plan approval addressing any development on Riparian Preservation Lands and Wildfire Lands. 3) That a Final Plan be submitted and approved as a Type 1 planning action within 18 months of outline plan approval. 4) That all necessary easements for sewer, water, electric, streets, and drainage be provided as required by the respective City Departments. 5) That one fire hydrant be installed as per the requirements of the Ashland Fire Department. 6) That street trees be provided along proposed new street frontages, 1 tree per 30' of street frontage, to be installed prior to the issuance of a certificate of occupancy for the new structures. 7) All extension of sewer and water mains, and storm drainage lines to be done to the standards of the City Public Works Department. 8) That the sidewalk be installed prior to the issuance of a certificate of occupancy for the new structures. 9) That a drainage plan for the site be submitted for review and approval by the City Engineering Department. 10) That the building envelopes for lots #1 and #4 be modified in order to retain those trees currently located within these envelopes. For lot #1, the side yard off Wrights Creek Drive shall be increased to 65' and the rear yard shall be increased from 10' to 20'. For lot #4, the rear yard shall be increased from 20' to 30'. Lot #2 shall have the rear yard increased from 10' to 20'. Lot #3 shall have the north side yard increased from 6' to 10'. Lot #5 shall have the west yard increased from 10' to 20' 11) That three on-street parking spaces be located in the cul- de-sac along with drought resistant plantings. That the other three on-street parking spaces be eliminated from the portion of the new street which crosses the creek and accommodated on the other side. A total of six on-street parking spaces shall be provided. 12) That the 4' wide pedestrian path designated along the portion of the road crossing the creek be eliminated in order to reduce the width of the street. 13) That a Tree Management Plan for the riparian area along the creek be submitted at Final Plan. Also, that a specific Tree Management Plan for areas of fill be submitted, indicating trees to be cribbed closest to the fill as well as attempting to retain the maximum number of trees. 14) That an engineering plan be submitted at Final Plan which proposes measures to accommodate blockage of the culvert caused by debris, and measures to divert potential overflow from surrounding properties. 15) That the street design plan submitted at Final Plan show the street dipping as much as possible. 16) That erosion control measures be used on areas of fill, which include the usage of rock and/or plants with netting. 17) That the culvert be designed to 100-year flood standards. 18) That pedestrian access be provided from the area of fill up to Wrights Creek Drive. 19) That the solar access ordinance be met for all lots and no solar waivers be granted for any lots in the subdivision. 20) That covenants be placed upon lots 1 and 2 to insure maintenance of the natural vegetation within and along side the riparian area. Mayor Date Attest