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HomeMy WebLinkAbout1991-055 Findings - HoughtonBEFORE THE ASHLAND CITY COUNCIL August 20, 1991 IN THE MATTER OF PLANNING ACTION #91-122, REQUEST FOR A MODIFICATION OF A RECENT FINAL PLAN MODIFICATION APPROVAL (PA90-218) FOR A PREVIOUSLY APPROVED 18-LOT SUBDIVISION NEAR THE INTERSECTION OF SCENIC AND GRAND- VIEW DRIVES. MODIFICATION INVOLVES A CHANGE IN COND- ITIONS LIMITING STREET GRADE ON LOGAN DRIVE TO 15% FOR ALL PORTIONS OF THE PUBLIC STREET, EXCEPT FOR A 35' LONG LANDING AREA AT SCENIC DRIVE NOT TO EXCEED 6%. APPLICANT: ED HOUGHTON FINDINGS, CONCLUSIONS AND DECISION SECTION 1. RECITALS 1.1) Tax lot 6900 of 391E08AA is located at and near the intersection of Scenic and Grandview Drives at 185 Scenic Drive and is zoned R-i-10P, Single Fami/y Residential. 1.2) The applicant is requesting modification of a previously approved Final Plan modification regarding street grades for a public street in an 18-lot subdivision. 1,3) The criteria for modification of a previously approved final plan are the same as for Final Plan approval which are found in 18.88.030 B. and are as follows: Final Plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not. be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a) The number of dwelling units vary no more than 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b) The yard depths and distances between main buildings vary no more than 10% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c) The open spaces vary no more tha.n 10% of that provided on the 3.3 The city Council finds that the changes requested constitute minor modifications in the previously approved street grades, and do not deviate in any substantial manner from the previously approved outline plan. The Council finds that request for the street grade for Logan Drive to not exceed 15%, as determined from curb to curb, as well as the request for the landing length to not be less than 35' and no greater than 6% are in substantial conformance with the outline plan and are minor modifications to the previously approved Final Plan. SECTION 4. DECISION 4.1 Based on~ the record of the Public Hearing on this matter, the Ashland City Council concludes that the request for modification of street grades associated with the development of Logan Drive are in conformance with approval for Final Plan. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #91-122. Further, if any one or more of the conditions below are not complied with by the application, for any reason whatsoever, then Planning Action #91-122 is denied. The following are the conditions and they are attached to the approval: 1) That all relevant conditions of Planning Action 90-218 shall remain in effect. 2) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 3) That the street grade for Logan Drive and all other public streets within the subdivision shall not exceed 15%. This grade requirement shall apply from curb to curb and shall not be for centerline only. Further, the landing area where Logan Drive meets Scenic shall not exceed a grade of 6% curb-to-curb, and the length of the landing shall be at least 35' 4) That grade requirements of Condition 3 above shall be determined and approved by the Ashland Public Works Department in accord with the requirements of Item 2 of the Settlement agreement, attached to and made a part of this decision. 5) That the erosion control and landscape measures required as Condition 3 of Planning Action 90-218 shall be installed by November 30, 1991 unless extended for good cause by the City of Ashland. Mayor ~ Attest - Cfty Recorder Date Date BEFORE THE ASHLAND CITY COUNCIL August 20, 1991 IN THE MATTER OF PLANNING ACTION #91-122, REQUEST FOR A MODIFICATION OF A RECENT FINAL PI~AN MODIFICATION APPROVAL (PA90-218) FOR A PREVIOUSLY APPROVED 18-LOT SUBDIVISION NEAR THE INTERSECTION OF SCENIC AND GRAND- VIEW DRIVES. MODIFICATION INVOLVES A CHANGE IN COND- ITIONS LIMITING STREET GRADE ON LOGAN DRIVE TO 15% FOR ALL PORTIONS OF THE PUBLIC STREET, EXCEPT FOR A 35' LONG LANDING AREA AT SCENIC DRIVE NOT TO EXCEED 6%. APPLICANT: ED HOUGHTON FINDINGS, CONCLUSIONS AND DECISION SECTION 1. RECITALS 1.1) Tax lot 6900 of 391E08AA is located at and near the intersection of Scenic and Grandview Drives at 185 Scenic Drive and is zoned R-i-10P, Single Fami/y Residential. 1.2) The applicant is requesting modification of a previously approved Final Plan modification regarding street grades for a public street in an 18-lot subdivision. 1,3) The criteria for modification of a previously approved final plan are the same as for Final Plan approval which are found in 18.8S.030 B. and are as follows: Final Plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not. be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a) The number of dwelling units vary no more than 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b) The yard depths and distances between main buildings vary no more than 10% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c) The open spaces vary no more than 10% of that provided on the outline plan. d) The building size does not exceed the building size shown the outline plan by more than 10%. e) The building elevations and exterior material are in conformance with the purpose and intent of this Title and the approved outline plan. f) That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performaqce level committed to in the outline plan will be achieved. g) Any amendment to an approved final plan shall follow a Type I procedure. 1.4) The Ashland City Council, following proper public notice, held a Public Hearing on August 20, 1991, at which time testimony was received and exhibits were presented. The City Council approved the application as present~d, subject to conditions pertaining to the appropriate development of the site. SECTION 2. 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 Ail exhibits, data, and testimony are hereby incorporated by reference herein. SECTION 3. CONCLUSORY FINDINGS 3.1 The Ashland 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. 3.2 The city Council finds that the changes requested as proposed arB part of a settlement agreement between the main parties involved in this planning action. 3.3 The City Council finds that the changes requested constitute minor modifications in the previously approved street grades, and do not deviate in any substantial manner from the previously approved outline plan. The Council finds that request for the street grade for Logan Drive to not exceed 15%, as determined from curb to curb, as well as the request for the landing length to not be less than 35' and no greater than 6% are in substantial conformance with the outline plan and are minor modifications to the previously approved Final Plan. SECTION 4. DECISION 4.1 Based on~ the record of the Public Hearing on this matter, the Ashland City Council concludes that the request for modification of street grades associated with the development of Logan Drive are in conformance with approval for Final Plan. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #91-122. Further, if any one or more of the conditions below are not complied with by the application, for any reason whatsoever, then Planning Action #91-122 is denied. The following are the conditions and they are attached to the approval: 1) That all relevant conditions of Planning Action 90-218 shall remain in effect. 2) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 3) That the street grade for Logan Drive and all other public streets within the subdivision shall not exceed 15%. This grade requirement shall apply from curb to curb and shall not be for centerline only. Further, the landing area where Logan Drive meets Scenic shall not exceed a grade of 6% curb-to-curb, and the length of the landing shall be at least 35'. 4) That grade requirements of Condition 3 above shall be determined and approved by the Ashland Public Works Department in accord with the requirements of Item 2 of the Settlement agreement, attached to and made a part of this decision. 5) That the erosion control and landscape measures required as Condition 3 of Planning Action 90-218 shall be installed by November 30, 1991 unless extended for good cause by the City of Ashland. ~ayor ~ Attest - C~ty Recorder Date Date