HomeMy WebLinkAbout1989-1003 MAHAR FINDINGSEEFORE TIlE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
SEPTEMBER 19, 1989
i~ THE MATTER Or= PLANNING ACTION #89-095,
REQUEST FOR A SITE REVIEW FOR THE
CONSTRUCTION OF 92 APARTMENT UNITS.
PROPERTY LOCATED SOUTH OF HERSEY
STREET BETWEEN THE INTERSECTIONS OF HERSEY
WITH MOUNTAIN AVENUE AND WILLIAMSON WAY.
APPI,ICANT: MIKK ~HAR - PACIFIC TREND
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
i. Tax ]cts 3501, 3502 and 3600 of 391E 4DC & tax lot
6400 of 391~E 9AB are located south of Hersey Street between the
intersections of Hersey with Mountain Avenue and Williamson Way
and is zoned E-l; EmploymeEt.
2. The Applicant is requesting Site Review approval for
the construction of 96 apartment units. Site improvements are
outlined on the Site Plan on £ile at the Department o£
COm~UDi%V Development.
3. The Planning Commission approved the Applicant's Site
Plan with modifications and subject to conditions. The City
Council received the matter on appeal from the Planning
C¢,nmission~ which held a public hearing on June 14, 1989, and
adopted findings on Juil~ 12, 1989.
d. The City Council, following proper public notice, held
~ Public Hearing on September 19, 1989, at which time testimony
was received arid exhibits were presented. The City Council
approved the application for Site Review subject to conditions
pe~aj. ning to ~e appropriate development of the site.
5. The c~iteria for approval for a Site Review are ~ound
Chapter ~8.72 anO a~e as follows:
R. All applicable City ordinances have been met and
will be met by the p~oposed development.
E. S3I 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.
Now, therefore, the City Council of the City of Ashland
finds, concludes and decides as follows:
SECTION 1. FINDINGS
l.i 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 Doted as "Exhibit C", the minutes from the public
hearing on this proposal before the Planning Commission held on
June 14, ].989, noted as "Exhibit D", the minutes from the
public hearing <j~ this proposal before the City Council held on
September 19, 2989, Doted as "Exhibit E" and the architectural
elevations, diagram~ and plans submitted on behalf of
Applica~t.
SECTION 2. CONCLUSORY FINDINGS
2.1 The C~ty Council adopts by reference the Conclusory
Findings adopted by the Planning Commission in its Order, dated
July ]2, 1989.
2.2 The City Council hereby adopts the Applicant's
findings as submitted.
2.3 The City Council makes the following additional
f=indings.
A. Applicant's apartment complex should access on
Williamson Way at the southeast corner of the property
as well as on Hersey Street at the northwest corner of the
property. Two accesses will provide easier access to the
property for emergency vehicles. Concern was expressed
about the mix of residential and commercial traffic.
However, m~ch mixed traffic has been accommodated in other
areas of the City. The use of Williamson Way will
disperse the traffic from the project on Hersey Street
~nd Williamson Way. In addition, traffic along Williamson
Wa~ at extended hours during the day will help make the
employme~t uses along Williamson Way more secure by
putting more people in that area after normal business
hours. The access on Williamson Way should be open
not blocke~ by a breakaway gate.
B. The improvements required of Applicant along
Hersoy Street will improve Hersey Street and are those
r!ormally ~,quired of developers for like developments in
the City of Ashland.
C. The landscaping plan filed by Applicant shows the
location, of trees and shrubs. Trees are clustered and
will Frovide sightline buffering between the apartments in
~he complex. and the neighboring residential areas.
FINDINGS, CONCLUSIONS AND ORDERS
b. The elimination of the Hersey Street access at
the southe,rest corner of the project will prevent some
traffic hazards at that area and will eliminate perceived
problems from headlight glare on neighboring properties.
The construction of a bicycle and pedestrian path at that
location will provide access to the complex for bicycles
and p~destrians without disturbance to neighbors.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this
matter, and subject to the conditions set forth herein, the
City Council ccncludes that the Site Plan for the proposed 92
apartment units is supported by evidence contained in the whole
record.
~e following are the conditions that are attached to
Site Plan approval:
A. That the additional right of way of Hersey Street
be dedicated to the City before issuance of a building
permit.
B. That a half street, curb, gutter and sidewalk be
constructed along the frontage of the project prior to
issuance cf a Certificate of Occupancy.
C. That the subdivisieD be platted, and improvements
bonded, prior to issuance of building permits on the
project. Improvements to be completed within one year of
the platting.
D. That fire hydrants be installed to the standards
the Ash]and Fire Code.
E. That all easements for public utilities be
provided as required by the City of Ashland.
F. That all conditions of the Conditional Use
approval apply.
G. That a slope easement be provided along Hersey
Street as per the requirements of the Ashland Engineering
Division.
H. That additional street trees be placed along the
parking areas. Species and placement of trees to be
reviewed by the Ashland Tree Commission and approved by
the S~af'f Advisor.
!. That the westerly access be deleted and that a
second access be redesigned to be 24' in width, that it be
located a~ the southeast corner cf the subject property at
FINDINGS, CONCLUSIONS AND ORDERS - 3
~illiamson Way, thus ~liminati. ng the second access on
l!ersey Stre. e~ .
j. That provisions be made in the dumpster areas for
the recycling of newspapers, cardboard, glass, metal and
other waste recycled by the Ashland Sanitary Service.
K. That the parking along the western portion of the
development be screened with vegetation and that a fence
be placed on the west property line and between the
apartment complex and the E-I subdivision to the South
a long Wj I ] tamson Way.
!.. T]~at the Applicant mitigate dust
constructten as per Public Works Guidelines.
during
i.!. %'hat a pedestrian and bicycle path access to
Hersey Street be constructed at the southwest corner of
the proper~v
N. By acceptance of this Planning Action Applicant
agrees that the City Council shall control access of the
a~ubject property tc and from Williamson Way. This
Agreement shall run with the land and shall be binding
upon the current owners and their heirs and assigns.
Applicant shall reimburse the City any costs for
installinc a breakaway gate, bollards or other barriers at
Wjiliamsc. r. Way incurred by the City within five years from
the date h~xeof.
Therefore, based or~ the foregoing Findings, and upon the
pzoposa! being subject to each of the conditions set forth
above, the appeal of Planning Action No. 89-095 is denied, and
the decision of the Planning Commission, as modified herein, is
affirrj~ed.
DATED this 3rd day of October, 1989.
Nan Franklin
~itv Fecorde~
Mayor
FINDINGS, CONCLUSIONS AND ORDERS - 4