Loading...
HomeMy WebLinkAbout04/01/2003 2002-089 E.MainBEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON April 1, 2003 IN THE MATTER OF PLANN1NG ACTION #2002-089, A REQUEST FOR ANNEXATION OF A 2.2 ACRE PARCEL LOCATED AT 3151 EAST MAIN STREET. THE REQUEST 1NCLUDS A ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING EMPLOYMENT (E-l). APPLICANT: Ely Schless and Krista Johnson ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) RECITALS: 1) Tax lot 303 of 391E12 is located at 3151 East Main Street at and is proposed to be zoned E-1 (Employment). 2) The proposal involves a request for Annexation of a 2.2 acre parcel and a Zoning Map change from Jackson County Zoning Rural Residential (RR-5) to City of Ashland Zoning Employment (E-l). The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: ' mo C, E. The land is within the City's Urban Growth Boundary. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The land is currently contiguous with the present City limits. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, Fo Go e . o along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half- street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. m. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five- year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792, 1997) 4) The City Council, following proper public notice, held a Public Hearing on April 1, 2003, at which time testimony was received and exhibits were presented. The 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. 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" SECTION 2. CONCLUSORY FINDINGS 2.1 The 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 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation. The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashland's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. Bo The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The proposed zoning for the property, E-I, is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed light manufacturing business is an allowable use in the district. C. The land is currently contiguous with the present City limits. The property is contiguous to the existing City Limits along the south property line. 0 Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Sewer, water and electric service will be extended to and through the project. Water and sewer lines are located in the East Main Street fight-of-way adjacent to the parcel. The water line will be extended across the full length of the property frontage. The sewer line is on the north side of the street and currently is in place along the full length of the property frontage. Electric lines are available directly to the south. Run-off from the development will be directed to an area to the rear buildings and parking area. The storm water dispersion and treatment is required to be engineered and constructed in accordance with the standards of the Ashland Public Works Department. In addition, a direct discharge of storm drainage into Neil Creek requires a permit from the Oregon Department of Environmental Quality (DEQ). E. Adequate transportation can and will be provided to and through the subject property Street improvements are required upon annexation with the degree of improvement based upon the street's location relative to the annexed area. In this case, East Main Street is currently improved to Jackson County's standards. The pavement and travel lanes meet City of Ashland standards. A bicycle lane, curb, planting strip and sidewalk will be installed along the property frontage so that the street in this location meets the city standard. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all residential annexations of four units or greater: o . 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. This section does not apply to Annexations involving commercial and industrial lands. H. One or more of the following standards are met: e The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. The proposed parcel will be zoned E-1. At its meeting of February 11, 2003 the Planning Commission approved a Site Review application to construct two buildings, each 4,000 square feet in size, for light manufacturing use. SECTION 3. DECISION Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the City Council we approve Planning Action # 2002-089. 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 here. 2) A boundary survey and a written description of the property boundaries including the East Main Street right-of-way shall be submitted for review and approval prior to completion of the annexation. 3) That the amount, quantity and type of fill in the 100-year floodplain for Neil Creek shall be determined by an Engineer and a report submitted to the Ashland Planning Department prior to completion of the annexation. If earth-moving activities involving more than 20 cubic yards have taken place in the floodplain, a Physical and Environmental Constraints Permit in accordance with Chapter 18.92 of the Ashland Land Use Ordinance shall be obtained prior to completion of the annexation. The development on the parcel in the floodplain shall be brought into conformance with the requirements of 18.62.070.A prior to completion of the annexation. 4) That the areas of raw material, rocks and fill dirt, that have been placed in the floodplain throughout the back portion of the lot shall be removed prior to completion of the annexation. 5) That the application shall be reviewed by the Airport Commission prior to completion of the annexation. CITY OF ASHLAND, OREGON By: Alan DeBoer, Mayor Date