HomeMy WebLinkAbout1993-077 Findings - Teitelbaum BEFORE THE ASHLAND CITY COUNCIL
September 21, 1993
IN THE MATTER OF PLANNING ACTION #92-009, REQUEST FOR AN
EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A
26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY ST.
APPLICANT: ALBERT TEITELBAUM
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 2303 of 391E 4CB is located at 284 Hersey and is zoned R-3;
High Density Multi-Family Residential.
2) The applicant is requesting an extension of a previously approved
site review to construct a 26-unit condominium complex. Site
improvements are outlined on the site plan on file at the Department of
Community Development.
3) The criteria for approval of a Site Review are found in Chapter
18.72 and are as follows:
Ail applicable City ordinances have been met or will be met by
the proposed development.
Be
Ail requirements of the Site Review Chapter have been met or
will be met.
Ce
The development complies with the Site Design Standards
adopted by the City Council for implementation of this
Chapter.
De
That adequate capacity of City facilities for water, sewer,
paved access to and through the development, electricity,
urban storm drainage, and adequate transportation can and will
be provided to and through the subject property.
4) The Planning Commission, following proper public notice, held a
Public Hearing on June 8, 1993, at which time testimony was received and
exhibits were presented. The Planning Commission denied the extension
request.
5) The City Council, following proper public notice, held a Public
Hearing on August 3, 1993 after an appeal was filed in a timely manner
by the applicant. At the public hearing, testimony was received and
exhibits were presented. The Council continued the hearing until
September 3, 1993 allowing the applicant an opportunity to provide a
modified proposal. Following proper public notice, the City Council
continued the public hearing on September 3, 1993, at which time they
reviewed the revised plan and approved the application, subject to the
conditions attached in the Planning Director's memo.
Now, therefore, Ashland City Council 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
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
Reports, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal to construct a 26-
unit condominium complex meets the criteria for site review
approval found in Chapter 18.72.
2.3 The city Council finds that all applicable city ordinances
have been met by the proposed development. Setback, lot coverage,
bicycle parking and density requirements of the zoning district
have been met. The base density for the parcel is 19.5 dwelling
units. The applicant has been granted a 40 percent density bonus
for affordable housing and energy efficient design.
2.4 The city Council finds that the project complies with the
requirements of the Site Review chapter, as well as with the site
design standards adopted by the City Council. Pedestrian access is
provided from the street to each unit. Eight percent of the total
lot area has been dedicated as outdoor recreational space, and is
provided in the form of a landscaped courtyard. In addition to the
courtyard area, each unit will have a 63 square foot concrete
patio. A landscaping plan has been submitted which shows the
placement and size of all plantings, and the layout of the
irrigation system.
Further, the Council finds that the revised plan as submitted by
the applicant at the September 3, 1993 public hearing addresses the
site design standards requiring that the structures be oriented
towards the street. The relocation of one unit to the front street
area of the parcel complies with this requirement. The unit will
have its primary orientation toward Hersey Street, including a
small porch over the front door.
2.5 The City Council finds that adequate capacity of city services
exists to accommodate this proposal, city sewer, water and
electricity are located adjacent to the site and are sufficient to
serve the development. The proposal has access onto Hersey Street,
which is a paved arterial with adequate capacity to accommodate the
approximately 156 vehicle trips estimated to be generated by the
project. Storm drainage from the parking area and from rooftops
will be collected on-site and directed by underground pipe to the
drainaqe ditch along the railroad tracks. Also, each unit will be
equipped with an automatic residential fire sprinkler system.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the proposal to construct a 26-unit condominium
complex is supported by evidence contained in the record.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we approve Planning Action
#93-067. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #92-067
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 the requirements of the Ashland Fire Department be complied
with, including the installation of an automatic residential fire
sprinkler system in each unit. Requirements are as included in the Fire
Department memo of July 23, 1993.
3) That a storm drainage plan for parking area be reviewed and
approved by the City Engineering Division prior to issuance of a
building permit.
4) That a water line and meter plan for city water service be
approved by the superintendent of the Ashland Sewer and Water Department
prior to issuance of a building permit. Each unit shall have a separate
water service.
5) That a sewer line plan be approved by the superintendent of the
Ashland Sewer and Water Department prior to issuance of a building
permit. Each unit shall have a separate sewer service.
6) That a revised landscaping plan indicating the layout of the
irrigation system be submitted for review and approval by the Staff
Advisor prior to the issuance of a certificate of occupancy. Revised
plan to include evergreens planted between the units and the parking
area (to reduce the glare from headlights and help to break up the
building facade), large canopy shade trees located along the west side
of the parking lot and additional conifers situated at the rear by the
railroad tracks to provide screening year round. Revised plan to also
include additional trees along the revised entryway, near the sidewalk
area. Plans to be reviewed and approved by the Staff Advisor prior to
installation and issuance of certificate of occupancy for the units.
7) That 26 sheltered bicycle spaces be installed to the standards
outlined in 18.92.040 (I) prior to the issuance of a certificate of
occupancy.
8) That a berm or sound wall (minimum 2" solid wood or equivalent) be
constructed along property ~ine abutting the railroad tracks, blocking
the line of site from the first floor of the units to the rails to a
height of 6'10" above finished floor level. Also that the second story
portion of the structures be designed such that the interior noise
levels do not exceed 45 dBA during the passage of an average train.
9) That a recycling area be provided for the residents of the
development.
10) That the parking area be paved, striped and wheel stops installed
prior to the issuance of certificate of occupancy.
11) That the landscaping be installed as per the approved plan prior
to issuance of a certificate of occupancy.
12) That all trash receptacles be screened by site obscuring fencing
material.
13) That a blanket easement on the property for electric utilities be
provided. Easement to be provided .in buildings for wiring. Owner
responsible for excavating, backfilling, compaction, providing
protection for transformer and installation of pull boxes. Transformer
location to be approved by the city Electric Department.
14) That the parking area be adequately screened by a 6' high solid
wood fence. Screening to be installed along the eastern side of the
parking area. Further, that fencing be provided along the western
property line near the entrance, screening the driveway from the
adjacent property owner.
15) That a 4' wide concrete walkway be provided from Hersey Street to
the entrance of all units.
16) That the relocation of the irrigation ditch be done to the
approval of the Watermaster and the Director of Public Works and that a
public utility easement to be granted along the new route of the
relocated irrigation line.
17) That a sidewalk be installed along the Hersey Street frontage
prior to the issuance of a certificate of occupancy.
18) That the applicant enter into an agreement with the City of
Ashland guaranteeing that 25 percent of the residential units are
affordable for moderate income persons in accord with the standards
established byresolution of the Ashland City Council through procedures
contained in such resolution. The City of Ashland will prepare the
agreement to be signed prior to the issuance of a building permit.
19) That all residential units in the development comply with the
Conservation Housing density bonus requirements referred to under
section 18.88.040 B.
20) That color samples for all units be included at the time of a
building permit, to be reviewed and approved by the Staff Advisor.
The foregoing findings were duly ADOPTED this
.'~_~:/~'~- .*~/~'-F--.~c~-' , 1993.
/
Nan E. Franklin
city Recorder
SIGNED and APPROVED this ~/~day of
day of
1993.
Catherine M. Golden
Mayor