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HomeMy WebLinkAbout1998-025 Findings - Parks & RecBEFORE THE ASHLAND CITY COUNCIL March 3, 1998 IN THE MATTER OF PLANNING ACTION #97-066, REQUEST FOR A PHYSICAL AND ENVIRONMENTAL CONSTRAINTS PERMIT TO PLACE A STRUCTURE (SKATEBOARD PARK) WITHIN THE FLOODPLAIN CORRIDOR LOCATED ON WATER STREET NEAR HERSEY STREET. APPLICANT: ASHLAND PARKS AND RECREATION DEPARTMENT FINDINGS, CONCLUSIONS AND DECISION RECITALS: 1 ) Tax lot 1201 of 391E 4CD is located adjacent to Ashland Creek off of Water Street and south of Hersey Street and is zoned E-l; Employment. 2) The applicant is requesting approval for the installation of a skateboard park within the Ashland Creek floodplain corridor. Site improvements are outlined on the plans and in the record and are on file at the Department of Community Development. 3) The criteria for approval of a Physical Constraints Review permit are described in 18.62 and follows: 1) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. 4) The Planning Commission, following proper public notice, held a Public Hearing on December 9, 1998, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. 5) The approval by the Planning Commission was appealed in a timely manner by William A. Radke, Marie W. Radke and Terttu Harker. 6) The Ashland City Council, following proper public notice, held a Public Hearing on March 3,1998, 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 Ashland City finds, concludes and decides 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 "M" All exhibits, data, and testimony presented at the Plmming Commission and City Council meetings are incorporated as part of the record for this action. SECTION 2. CONCLUSORY FINDINGS 2.1 The Ashland 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 the installation of a skateboard park within the Ashland Creek Floodplain Corridor meets all criteria for approval described in the Physical and Environmental Constraints chapter 18.62. 2.3 Addressing criterion 1) - That the development will not cause damage or hazard to persons or property upon or adjacent to the area of developmenr Regarding flood hazards, the Council finds that the new study (October 22, 1997) has evaluated the effects of the skateboard park on the water surface elevations within Ashland Creek, and has concluded that the facility will not adversely effect future flooding conditions. Specifically, the report states: "... it is concluded that the construction of the proposed skateboard park will not adversely aftact the hydraulics of Ashland Creek. The O. Ol-foot increase in water surface elevation calculated by modeling the skateboarding park is not significant. The proposed skateboard park does not impact water surface elevations because there is no effkctive conveyance of fiow in the left overbank area (location of proposed skateboard park). All of the effkctive fiow in this reach is conveyed in the channel and right overbank area, which is lower in elevation than the left bank. Modifications in the left overbank area (vicinity of proposed skateboard park) upstream of Hersey Street will not impact the conveyance of ~Ishland Creek." The results of the computer modeling program indicate that the placement of the skateboard park at this location will result in a one-tenth of an inch height increase of water during a 100-year flood event. The Council finds that such an impact is insignificant. No substantial evidence was provided in opposition to this study by opponents. Addressing damage, the Council finds that the design proposed by the applicant that does not disturb the existing creekbank and retains existing riparian vegetation does not cause damage or hazard upon or adjacent to the area of development. Evidence was presented indicating that this site had previously been an electric department storage yard with a completely paved surface. The Council finds that the proposed use and development is appropriate for the site and will not cause damage. 2.4 Addressing criterion 2) - That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. The Council finds that the primary potential hazard involves flooding, and evidence was presented, as reference above, that the design of the skateboard park will not create a flooding problem. Other issues raised in testimony by opponents and neighbors did not involve environmental hazards governed by this ordinance are not applicable here. The Council finds that the proposal, with the attached conditions addressing no net fill in the floodplain corridor and vegetation, will not create hazards. 2.5 Addressing criterion 3) - That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The stqff advisor or planning commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. The Council finds that the applicant has considered the adverse impacts of flooding in the area, and have presented evidence indicating that the skatepark as proposed will not adversely affect flood elevations. Testimony was presented that this floodplain corridor area could be enhanced through not building the skatepark and introducing additional trees and vegetation. The Council finds that the criterion requires the consideration of existing development of the surrounding area and potential development allowed under the land use ordinance for the site. Community Development Director John McLaughlin stated that the other side of Ashland Creek adjacent to this property was an existing paved parking area for a church, and the adjacent area to the south of the site was also a paved recycling depot. Further, McLaughlin stated that the property was zoned E-1 (employment) allowing for 85% lot coverage by impervious surfaces, such as structures and asphalt parking. The City Council finds that in comparing the proposed development to the surrounding area and to the maximum development permitted by the Land Use Ordinance, the proposed site development will not have adverse impacts on the environment. 2.6 Addressing criterion 4) - That the development is in compliance with the requirements of this chapter an all other applicable city ordinances and codes. Based upon submitted information in the record, the Council finds that the application meets this criterion. No evidence was submitted disputing this finding, nor was testimony received regarding this criterion. The Council finds that the application has adequately addressed potential hazards that the skate park may create, and the recommended measures to mitigate the potential hazard have been included in the conditions for approval. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Ashland City Council finds and concludes that the proposal for the installation of a skateboard park within the Ashland Creek Floodplain Corridor is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #97-066. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #97-066 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified below. 2) That the final grading plan indicate that there be no net fill in the floodplain area. 3) That conveyance paths for the return of overbank flooding to Ashland Creek be indicated in the site grading plan so that flood water does not become trapped behind berms or other park design features. 4) That understory vegetation associated with the drainage way environment and floodplain, and outside the footprint of the skatepark structure, be retained to the greatest extent possible in order to protect existing stream and habitat quality. Understory materials may be replaced with like horticultural varieties of plant species when approved by the Ashland Planning Department in conjunction with those species identified by Oregon Department of Fish and Wildlife. 5) That a drainage plan for the site be reviewed and approved by the Engineering Department and Building Division prior to the issuance of a building permit for the structure. Outflow points to Ashland Creek shall be at channel bottom elevation and rock armored to prevent bank and channel erosion. Mayor Catherine Shaw Date