HomeMy WebLinkAbout1994-026 Findings - Poplar Pl.BEFORE THE ASHLAND CITY COUNCIL
January 18,1994
IN THE MATTER OF PLANNING ACTION #93-094, REQUEST FOR )
OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE )
PERFORMANCE STANDARDS OPTIONS TO BE LOCATED AT 604 AND )
606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION )
ON PATTERSON). )
)
APPLICANT: POPLAR PLACE ASSOC. & RVCDC. )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lots 100 and 200 of 391E 4CD are located at 604 and 606 Oak
Street and are zoned R-1-5-P; Single Family Residential.
2) The applicant is requesting outline plan approval Of a 24-1ot
subdivision. Site improvements are outlined on the Outline Plan on file
at the Department of Community Development.
3) The criteria for Outline Plan approval are found in the Performance
Standards Options chapter and are as follows:
a) That the development meets all applicable ordinance requirements of
the City of Ashland.
b) That adequate key city facilities can be provided including water,
sewer, paved access to and through the development, electricity, urban
storm drainage, police and fire protection and adequate transportation;
and that the development will not cause a City facility to operate
beyond capacity.
c) That the existing and natural features of the land; such as
wetlands, floodplain corridors, ponds, large trees, rock outcroppings,
etc., have been identified in the plan of the development and
significant features have been included in the open space, common areas,
and unbuildable areas.
d) That the development of the land will not prevent adjacent land
from being developed for the uses shown in the Comprehensive Plan.
e) That there are adequate provisions for the maintenance of open
space and common areas, if required or provided, and that if
developments are done in phases that the early phases have the same or
higher ratio of amenities as proposed in the entire project.
f) That the proposed density meets the base and bonus density
standards established under this Chapter.
4) The Planning Commission, following proper public notice, held a
Public Hearing on July 13 and August 10, 1993, 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 action was appealed in a timely manner by Mr. Dana Bayuk, and
following proper public notice, a public hearing was held before the
Ashland City Council on December 7, 1993. The hearing was continued to
January 18, 1994 where 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
concludes and recommends as follows:
finds,
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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
"M"
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 Specifically, the City Council makes the following findings
with respect to the criteria for approval:
a) That the development meets all applicable
requirements of the City of Ashland.
ordinance
Written testimony has been entered into the record ~Exhibit O-1)
suggesting that the application fails to meet all applicable
ordinance requirements. The testimony specifically states that the
proposal does not comply with sections 18.80.20 B.4 & D.2,
18.80.030 A.1.
The Council finds that the above cited sections of 18.80 have not
been violated under this proposal. The Council interprets section
18.80.020 B.4 to pertain to the extension of an existing street
which presently terminates at a "T" intersection with another
street. The ultimate extension would then be required to be in
alignment with the existing street. This is not representative of
the current situation concerning Patterson Street.
The Council finds that section 18.80.020 D.2 is not applicable to
this development. Specifically, the requirement that "in no case
shall a lot abut a street for a width of less than 25 feet" is
found to be a lot width standard which is not applicable to
developments under the Performance Standards Options (18.88.100).
The Council finds that the development is in conformance with the
Street Standards section (18.88.050) of the Performance Standards
Options chapter. Consequently, section 18.80.030 A.1 does not apply
to this proposal in that the application does not involve "the
creation of a street to be established by deed without full
compliance with the regulations applicable to subdivisions".
The Council finds that these interpretations are consistent with
the powers afforded the Council under section 18.108.160.
b) That adequate key City facilities can be provided including water,
sewer, paved access to and through the development, electricity, urban
storm drainage, police and fire protection and adequate transportation;
and that the development will not cause a City facility to operate
beyond capacity.
Evidence has been presented (Exhibit P-2, pages 6-10) that adequate City
facilities exist to serve the proposal.
c) That the existing and natural features of the land; such as
wetlands, floodplain corridors, ponds, large trees, rock outcroppings,
etc., have been identified in the plan of the development and
significant features have been included in the open space, common areas,
and unbuildable areas.
The Outline Plan demonstrates that Jessica Creek will be incorporated as
part of the common area of the development, and will be maintained
through a Homeowner's Association. Areas alongside Jessica Creek have
been identified as jurisdictional wetlands on the National Wetlands
Inventory. Janet Morlan of the Oregon Division of State Lands has
reviewed the proposal and has concluded that the width of the common
area will be sufficient to preclude disturbances within identified
wetlands (Exhibit M-2). Consequently, no state removal-fill permit has
been required at this time.
d) That the development of the land will not prevent adjacent land
from being developed for the uses shown in the Comprehensive Plan.
The Council finds no evidence in the record which would indicate that
the proposal will prevent the orderly development of adjacent property.
Neighboring properties have access from Oak, Patterson and Carol Streets
and have already been developed (see Exhibit P-4) in accordance with the
Comprehensive Plan.
e) That there are adequate provisions for the maintenance of open
space and common areas, if required or provided, and that if
developments are done in phases that the early phases have the same or
higher ratio of amenities as proposed in the entire project.
Evidence in the record (Exhibit P-2, pages 11-12) indicate that all
common areas will be maintained through a Homeowner's Association with
initial funding obtained through a fee charged to each homeowner at the
time of closing. This will be spelled out in the CC&R's for the
development which will be reviewed and approved by the City as part of
Final Plan approval.
f) That the proposed density meets the base and bonus density
standards established under this Chapter.
Evidence in the record (Exhibit P-2, page 13) demonstrates that the
proposal complies with the base and bonus density standards established
in chapter 18.88.040.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
Ashland City Council concludes that the proposal for a 24-1ot
subdivision 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, we approve Planning Action
#93-094. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #93-094
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 here.
2) That full engineering and construction plans for the street
improvements be provided at the~time of final plan approval for each
phase.
3) That all requirements of the Ashland Fire Department including
hydrant placement be met and addressed at the time of Final Plan
approval for each phase.
4) Provide all necessary easements as required by City Departments
prior to the signature of the final survey plat.
5) That the Final Plan include a planting strip/parkrow, four to five
feet in width, along all street frontages between the curb and sidewalk.
6) That a public utility easement be granted along the street
frontages of all lots to allow for the construction of a sidewalk.
Sidewalks to be installed prior to the issuance of a certificate of
occupancy for each residence.
7) That one street tree, 8' - 10' in height, be installed per 30 feet
of street frontage for each lot prior to the issuance of a certificate
of occupancy.
8) That a size and species specific landscaping plan for the common
open space area be submitted at the time of Final Plan approval.
9) That the applicant enter into an agreement with the City of Ashland
which guarantees that 35 percent of the units, 8 homes, comply with the
affordability standards adopted by the Ashland City Council.
10) That setbacks along the perimeter of the project site comply with
the yard requirements of the R-1 Zone.
11) That the primary orientation (front of the house) of the home to
be constructed on lot 14 and lot 15 be towards Oak Street.
12) That all lots have a private yard a minimum of 600 square feet in
area with a minimum dimension of 20 feet.
13) That the Division of State Lands approve the applicant's proposal
for the area surrounding the identified wetland at the northeast corner
of the property. Written authorization to be provided to.the City of
Ashland prior to the signature of the Final survey plat.
14) That the developer agrees to provide landscape design assistance
and installation at 603 Oak Street to mitigate the impacts of the new
street intersection with Oak Street. Such agreement to include the
following:
That a landscape architect or designer be consulted, at the
developer's expense, to provide design assistance and possibly 3 or
4 design options to mitigate light and sound impact of the new
street location. Landscape architect or designer to be the choice
of the owner of 603 Oak Street. The area subject to review for new
or modified landscape installation shall only be the Oak Street
frontage of the property at 603 Oak Street, and shall be limited to
that landscaping necessary to mitigate the light and sound
concerns, while also taking into account the aesthetic appearance
of the landscape improvements. Options may include herming,
fencing, vegetation, or combinations of the above. Landscaping
beyond the immediate front area adjacent to the street shall remain
the responsibility of the property owner of 603 Oak Street.
Design of the landscape modifications as outlined above shall take
place in cooperation with the owner of 603 Oak Street concurrently
with the final construction design for the new street in the Struve
Subdivision.
Installation of the agreed upon landscape improvements shall be
done by an installer chosen by Larry Medinger. Medinger shall bear
the costs associated with the landscape installer, landscape
materials, and landscape installation. Installation shall be in
accord with the approved landscape plans, and in cooperation with
the owner of 603 Oak Street. Installation shall occur as soon
after approval of the design option as possible, in order to
mitigate impacts of subdivision construction.
· Both parties agree to work cooperativety on this solution, and that
any deviations from the above agreement shall be made with both
parties having full knowledge and agreement of the deviation.
Both parties agree that once the agreed upon improvements are
installed, that the owner of 603 Oak Street shall make no further
claims against the subdivision developer to mitigate impacts of
light and sound due to the intersection location.
Catherine Golden, Mayor
Date
Nan Franklin, city Recorder
Date