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Home My WebLink About1991-004 Findings - GiordanoBEFORE THE CITY COUNCIL ASHLAND, OREGON January 2, 1991 IN THE MATTER OF PLANNING ACTION #90-195, REQUEST FOR APPROVAL OF AN ANNEXATION CONSISTING OF APPROXIMATELY 2.7 ACRES FOR THE PROPERTY LOCATED AT 209 CROWSON ROAD. APPLICANT: TOM R. GIORDANO, WAGNER-WARD-GIORDANO FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 2300 of 391E 13C is located at 209 Crowson Road and is zoned RR-5; Jackson County. The Ashland Comprehensive Plan Designation is Single Family Residential; the proposed zoning is R-i-10. 2) The applicant is requesting approval of an Annexation for 2.7 acres. A site plan is on file at the Department of Community Development. 3) The criteria for approval of an Annexation are found in 18.108.190 and are as follows: A0 That the land is within the City's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the city's Comprehensive Plan. Co That the land is currently contiguous with the present City limits. D° That public services are available or can be made available to the site. E. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated. 4) The Planning Commission, following proper public notice, held a Public Hearing on October 9, 1990, at which time testimony was received and exhibits were presented. The Planning Commission recommended to the city Council that Planning Action 90-195 be denied. 5) The City Council, following proper public notice, held a Public Hearing on January 2, 1991, 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 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 Annexation of approximately 2.7 acres meets the criteria outlined in section 18.108.065. Specifically the City Council makes the following findings: A. That the land is within the City,s Urban Growth Boundary. As shown on the City's Comprehensive Plan and Zoning map, the site is within the City's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the City,s Comprehensive Plan. The Comprehensive Plan Map designation for this parcel is Single Family Residential. The applicant has requested a city zoning designation of R-i-10P, similar to that of the Oak Knoll subdivision. The Council finds that the proposed zoning is in conformance with the City's Comprehensive Plan. C. That the land is contiguous with the present City Limits. The current City Limits runs along the west, north, and east property line of the proposal site, therefore making the parcel contiguous with the present City Limits. D. That public services, including but not limited to adequate sewer, water, and electric utility capacity, access to fully improved public streets, and storm drainage; are available or can reasonably be made available to the site within 3 years time, and that the applicant or the City have the financial resources to extend city services within that time frame. Sewer: A sewer line is proposed to be extended south from Phase III of Oak Knoll subdivision to serve the development. The sewer line will run within a 10' public utility easement located between lots 5 and 6. Water: The property is currently served by City water. The service will be upgraded to accommodate the additional lots. The applicant has proposed to connect up to the 8" water line at Oak Knoll Drive and extend a 12" sewer line down Crowson Road and up into the development. Electric: Electricity is available from Crowson Road and will be extended to the proposal site. The existing power pole will have to be relocated to make room for the new street. Public Streets: A new street with cul-de-sac turnaround will be constructed to access lots 1-8. The existing residence will continue to have its access from Crowson Road. Crowson Road is a county maintained road which has recently been re-surfaced with asphalt. The County plans to stripe Crowson Road with two, 11' wide travel lanes and two, 4' wide paved shoulders. Storm Drainage: Ail run-off from the development will be directed to catch basins located within the new street. A storm drain.line will extend from the basins and discharge into the drainage ditch located along Crowson Road. On-site retention systems can be developed if necessary. E. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated. The Comprehensive Plan sets forth a goal and three policies w~ich address "public need" as expressed in the above criterion. Goal: It is the city of Ashland's goal to maintain a compact urban form and to include an adequate supply of vacant land in the city so as not to hinder natural market forces within the City, and to insure an orderly and sequential development of land within the City Limits. Policy VII-1 The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial needs of its residents and a portion of rural residents consistent with the population projection for the urban area. The Council believes this policy refers to annexation and zoning of commercial and industrial land and is not applicable to this application. Policy XII-1 The City shall strive to maintain at least a 5-year supply of land for any particular need in the City Limits. The 5- year supply shall be determined by the rate of consumption necessitated in the projections made in this Comprehensive Plan. Evidence in the record shows that there exists at least a five-year supply of land to meet projected single family housing needs. Since the proposal will not reduce the supply of land below the five-year figure suggested in the Comprehensive Plan, the Council finds the application to be in conformance with Policy XII-1. In this case, the Council believes it is prudent to increase the city's inventory by approximately 2.7 acres. The proposal site is bounded on three of four sides by the current city limits. Approval of this application will allow for a smooth transition between city and county zoned property, and provide for a more logical and orderly extension of the City Limits. Policy XII-2 The city shall incorporate vacant land only after a showing that land of similar qualities does not already exist in the City Limits, or if annexation is necessary to alleviate a probable public health hazard. This policy asserts that annexation of land is appropriate in order to alleviate a likely public health hazard. The applicant's have submitted a letter from Lee Korner, owner of Rote-Rooter, in which he explains that the current septic system is at the end of its life expectancy and that hooking up to city sewer would be the best option. The Council believes it is in the best interest of both Ashland and Jackson County residents to remedy this potential health concern. Consequently, the Council finds the request for annexation to be in conformance with Policy XII-2. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Annexation of approximately 2.7 acres 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 #90-195. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #90-195 is denied. The following are the conditions and they are attached to the approval: 1) That if Planning Action #90-195 is appealled to the Oregon State Land Use Board of Appeals (LUBA), that the City of Ashland will not participate in the defense of such appeal. Dated this ~/~ day of February, 1991. Attest: ~ ~3~ ~ -~L~ Nan E. F~anklin, City Recorder Mayor