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HomeMy WebLinkAbout1989-0606 BONIN FINDINGSBEFORE THE CITY COUNCIL CITY OF ASHLAND June 6, 1989 IN THE MATTER OF PLANNING ACTION #89-044, REQUEST FOR ) ANNEXATION AND ZONE CHANGE FOR APPROXIMATELY .42 ACRES ) AT 295 TOLMAN CREEK ROAD. PROPOSED ZONING TO BE R-2. ) ALSO A REQUEST FOR A SITE REVIEW FOR A SEVEN UNIT ) APARTMENT COMPLEX. ) APPLICANT: DARYL BONIN AND MARK SANCHEZ ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 1100 of 391E llC is located at 295 Tolman Creek Road and the proposed zoning is R-2; Multi-Family Residential. 2) The applicant is requesting Annexation and Zone Change for approximately 0.42 acres. Also a request Site Review for a seven-unit apartment complex. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval for an Annexation are found in Chapter 18,108,190 and are as follows: The criteria for approval of an 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. The criteria for approval of a Site Review are found in Chapter 18.72 and are as follows: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. 4) The City Council, following proper public notice, held a Public Hearing on June 6, 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" and the minutes from the public hearing on this proposal held on June 6, 1989, noted as "Exhibit 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 and Zone Change for approximately 0.42 acres meets all relevant criteria of the Annexation Chapter 18.108,190. Further, the request for Site Review approval for a 7-unit apartment complex meets all criteria found in the Site Review Chapter 18.72. Due to the fact that this parcel is surrounded by the City on all sides, the Council believes that the annexation of this parcel represents a logical and orderly extension of the City's boundary. All services are available to the site, including sewer, water, electric and fire protection. The applicant's findings indicate that they have contacted the Ashland School District and were informed that this parcel lies within the Bellview School District. The findings also state that William Moore, Deputy Superintendent of the Ashland School District, commented that in the near future the parcel would probably be rezoned to the Walker School District. Recent estimates concerning the availability of multi-family zoned land within the City indicate that approximately 9.35 acres exist. Adding the pending annexation of a 0.5 acre parcel on Siskiyou Boulevard would bring this total to 9.85 acres, still below the 5- year inventory of 13 acres recommended in Ashland's Comprehensive Plan. The City Council believes that the applicant's proposal complies with Ashland's Site Design Guidelines in the layout of the apartment complex. The parking area has been located to the side and rear of the buildings, private yards and/or decks have been provided for each unit along with a semi-private recreation space for all tenants. Further, buildings have been oriented for solar access and pedestrian access to the street has been provided. 2.3 The 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 Annexation and Zone Change for approximately 0.42 acres, and Site Review for a 7-unit apartment complex 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, the Council approves Planning Action #89-044. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #89-044 is denied. The following are the conditions and they are attached to the approval: 1) That a survey be completed by a registered surveyor, including a certified description of the property, prior to the first reading of the ordinance by the City Council approving the annexation. Such survey to include the adjacent rights-of-way. 2) That all easements for sewer, water, electric and streets be provided as required by the City of Ashland. 3) That all requirements of the Ashland Fire Department, including hydrant, be met prior to the issuance of a building permit on the property. 4) That the applicants pay the Systems Development Annexation Fee prior to the issuance of a building permit on the property. Fee to be approximately $1,150. 5) That the applicant sign in favor of future improvements to Tolman Creek Road. 6) That all road cuts and driveway culvert installations be done under permit from the Jackson County Department of Public Works. 7) Recommend that the units be built to the City of Ashland Energy Efficient Standards. 8) That the storm drainage plan for the development be capable of connecting to the City's future system. 9) That the proposed 20' wide driveway be constructed with an asphalt surface. The applicant may use grass crete for the 5 spaces located on the west portion of the parcel. 10) That an irrigation system be installed for all landscaped areas. 11) That one street tree be installed per 30' of street frontage. 12) That a sign permit be obtained prior to the installation of any signs. 13) That the applicant sign in favor of a local improvement district for the construction of a traffic signal at the intersection of Tolman Creek Road and Highway 66. Mayor Date City ReCOrder