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HomeMy WebLinkAbout1992-047 Findings - Houghton BEFORE THE ASHLAND CITY COUNCIL March 3, 1992 IN THE MATTER OF PI2~NNING ACTION #91-140, REQUEST FOR A ONE YEAR EXTENSION OF A PREVIOUSLY APPROVED MINOR LAND PARTITION, AND ONE YEAR EXTENSION OF OUTLINE PITON APPROVAL FOR A FIVE LOT SUBDIVISION LOCATED WEST AND ADJACENT TO THE CUL-DE-SAC OF IVY LANE. APPLICANT: ED HOUGHTON FINDINGS, CONCLUSIONS AND DECISION RECITALS: 1) Tax lot 5100 of 391E16AD is located at the west end of the cul-de- sac of Ivy Lane and is split-zoned, with portions zoned R-i-10 (single family residential), and RR-.5P (rural residential, Performance overlay). 2) The applicant is requesting a one year extension of a previously approved minor land partition and outline plan approval for a five lot subdivision. 3) The criteria for approval of a minor land partition are found in 18.76 and are as follows: A) The future use for urban purposes of the remainder of the tract under the same ownership will not be impeded. B) The development of the remainder of any adjoining land or access thereto will not be impeded. C) The tract of land has not been partitioned for 12 months. D) The partitioning is not in conflict with any law, or resolution applicable to the land. ordinance E) The partitioning is in accordance with the design and streets standards contained in the chapter on subdivisions. F) When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by city documents, for water, sanitary sewers, storm sewer, and electricity. G) When there exists a 20-ft. wide access.along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Access to be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20 feet with all work done under permit of the Public Works Department. 1) The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist= a) The unpaved street is at least 20' wide to the nearest fully improved collector or arterial street. b) The centerline grade on any portion of the unpaved street does not exceed 10%. 2) Should the partition be on an unpaved street and paving is not required, the applicant shall legally agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing .to participate in the costs of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. The criteria for approval of an outline plan for a subdivision under the Performance Standards option are found in 18.88 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 Public Hearings on November 12, 1991 and on December 10, 1991, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented subject to conditions pertaining to the appropriate development of the site at the January 14, 1992 meeting. 5) The City Council, following an appeal of the Planning Commission's approval, held a public hearing on March 3, 1992, following proper public notice. The hearing was conducted de novo, and all records previously entered at the Planning Commission level were entered at the City Council hearing. Additional testimony and exhibits were received during this hearing. The City Council approved the application as presented, 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 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 request for a minor land partition is supported by evidence contained in the whole record and the Council finds specifically as follows: 18.76.050 A. The design of the minor land partition allows for the future development of the parcel as a 5 lots subdivision, thereby not impeding future use for urban purposes. 18.76.050 B. The development of the remainder of the property will includ~ the construction of a new public street, thereby providing access to adjoining land, and not impeding its development. 18.76.050 C. The land has not been partitioned since 1977, and therefore has not been partitioned for 12 months. 18.76.050 D. The design of the lot any ordinances, and no variances partitioning of the property. is not in conflict with are necessary for the 18.76.050 E. The lots created by the partition all abut and access onto fully dedicated public streets as required by the subdivision ordinance. 18.76.050 F. The application has been reviewed by the different departments of the City of Ashland. With the conditions attached, adequate public facilities can and will be provided to this location. 18.76.050 G. Ivy Lane provides access to the property. Ivy is a fully improved City street with curb, gutter and paving. The street is in excess of 20' in width for the entire frontage of the property. 2.3 The city Council finds that the request for a one year extension of Outline Plan approval is supported by evidence in the whole record. The Council specifically finds as follows: The Council finds that the evidence submitted at the original hearing in 1989 still complies with the criteria for approval of an outline plan, and hereby adopts the findings of that previous decision by reference here. Further, the Council finds that the density proposed is in conformance with the revised densities for the RR-.5 zone, adopted subsequent to the original outline plan approval. 2.4 Regarding Resolution 91-39 adopted by the City Council on October 21, 1991, the Council finds that it does not apply to this application since alternate transportation routes of less than 18% grade exist from Siskiyou Boulevard to this property, and these alternate routes do have the capacity to provide City services to the property. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the request for a one year of extension of both a minor land partition and outline plan for a five lot subdivision are 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 #91-140. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action ~91-140 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 all development occur as proposed on the approved plans, with any substantial modifications of building envelope size, street design, erosion control plans, fire preventions plans, etc.., associated with the development requiring a separate planning action to assess the changes proposed. 3) That all conditions of the original outline plan approval (PA89- 078) shall still apply to this approval, with the exception of Condition 13, which is deleted and replaced by Condition 7 below. 4) That all conditions of the original minor land partition approval (PA90-191) shall still apply to this approval. 5) That a Fire Prevention and Control Plan be developed in accord with revisions outlined in 18.68.090 of the Land Use Ordinance and submitted as part of the Final Plan application for the 5-lot subdivision. 6) That all pump station improvements to increase fire flows at the fire hydrant at the Ivy Lane cul-de-sac be completed prior to the issuance of a building permit for a residence on the lot created by the minor land partition. Fire flows at the hydrant to be certified as meeting minimum Fire Code requirements by the Fire Marshall and forwarded to the Planning Department. All improvements to be done under approvals of the Public Works Department. 7) That all residences in the subdivision be constructed in conformance with the Conservation Housing Requirements outlined in the revised Performance Standards Guidelines. Such construction measures required to achieve the 15% density bonus required for the development. 8) That all residences in the subdivision and on the minor land partitioned lot have residential sprinkler systems for fire protection. Such residential sprinkler systems to be indicated on the building plans and approved prior to issuance of the building permit. 9) That a pedestrian access easement, 6' in width, be provided and indicated on the survey plat north of the proposed street and between lots 4 and 5 to the north property line of the development. No improvements are required of the easement at this time. 10) That the applicant or future owners purchase and install a new backup power system for the water pumping station for this area. Such system to be installed and approved prior to the signature of the final survey plat by the City of Ashland. All work to be coordinated with the Ashland Public Works Department and Ashland Fire Department. 5 m 11) That the boundary line adjustment proposed between the applicant's property and the neighboring property to the east be completed prior to the application for final plan approval. Catherine M. Golden Mayor Date Nan E Franklin City Recorder Date