HomeMy WebLinkAbout1988-0920 SMITH FINDINGSBEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF PLANNING ACTION #88-016, REQUEST FOR
ANNEXATION AND ZONE CHANGE OF APPROXIMATELY 1.54 ACRES
LOCATED AT ASHLAND MINE ROAD NEAR NORTON STREET.
APPLICANT: JOE SMITH
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Taxlot 1000 of 391E 5BB is located at Ashland Mine Road near Norton
Street and zoned by Jackson County as RR-5, Rural Residential.
2) The applicant is requesting Annexation and Zone Change of
approximately 1.54 acres. A Boundary Line Adjustment will be part of
this proposal.
3) 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.
4) The Council, following proper public notice, held
a Public Hearing on August 2, 1988, 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 August 2, 1988,
noted as "Exhibit D".
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 of approximately 1.54 acres meets all relevant criteria
of the Annexation Chapter 18,108,190. Further, the Council requires
that the property owners sign in favor of future improvements to
Ashland Mine and Norton Roads so that the City can take over
maintenance of these streets.
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 Council concludes that the proposal for Annexation and
Zone Change of approximately 1.54 acres located at Ashland Mine
Road near Norton Street is supported by evidence 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 #88-016. Further, if any one or
more of the conditions below are found to be invalid, for
any reason whatsoever, then Planning Action #88-016 is denied.
The following are the conditions and they are attached to
the approval:
1) That the deed restrictions be placed on all the
subdivision lots that are increasing the rear yard area, stating
that no additional structures requiring City water be placed on
these parcels, and that no partitioning of these parcels take place
until improvements are made to the water system in the area, and the
moratorium in effect is lifted.
2) That City water not be extended to the new lot until
water system capacity is available, and the moratorium lifted.
3) That a deed restriction be placed on the new lot
restricting any partitioning until water system capacity is
available, and the moratorium lifted.
4) That Joe Smith's lot (39 1E 05BB - Taxlot 1000) sign in
favor of future improvements to Ashland Mine Road.
5) That all easements for sewer, water, electric and streets
be provided as required by the respective City Departments.
6) That the applicant pay the Systems Development Annexation
Fee. Such fee shall be due and payable prior to signature of the
final plat for the boundary line adjustment. The amount of the fee
is approximately $2569.
7) That the owner of the parcel shall sign a consent to
annexation form prior to the second reading of the annexation
ordinance by the City Council.
8) That approval of the boundary line adjustment shall not
take place until after final approval of the annexation.
Chairman, Ashland City Council
Date