HomeMy WebLinkAbout1998-0901.STRAWBERRY FINDINGSBEFORE ASHLAND CITY COUNCIL
· 1998
In the Matter of Planning
Action #97-054, Request for
Outline Plan Approval for a
25-Lot Subdivision Under the
Performance Standards Option
Located at Strawberry Lane.
Applicants: Doug Neuman·
Margaret Brown, and Paul
Hwoschinsky.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
I. INTRODUCTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW for approval of an
outline plan for a 25-1ot subdivision under the performance
standards option on property legally described as 391E8AC Tax Lots
101, 200, 201 and 500 located at Strawberry Lane.
II. RECITALS
1. Tax Lots 101, 200, 201 and 500 of 391E8AC are located
adjacent to Strawberry Lane and Hitt Road and are zoned RR-.5-P;
Low Density Rural Residential.
2. The applicants are requesting approval of a 25-1ot
subdivision under the Performance Standards Option. Site
improvements are shown on the outline plan and supporting documents
are on file at the Department of Community Development.
3. The City Council, following proper public notice, held a
public hearing on June 16, 1998, and held further deliberation on
July 7, 1998, 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.
III. CRITERIA
The criteria for Outline Plan approval are described in the
Performance Standards Options of Chapter 18.88 of the Ashland Land
Use Ordinance:
1 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 existin9 and natural features of the land; such
as wetlands, flood plain 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 in 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.
IV. FINDINGS OF FACT
Ashland City Ordinance Title 18, Chapter 18.88.030(4) provides
the approval criteria for an Outline Plan.
A. 18.88.030(4)(a) -- That the development meets all
applicable ordinance requirements of the City of Ashland.
DISCUSSION:
Chapter 18.88.030(3) requires an outline plan application to
have specific contents. The application package consists of the
following items:
DRAWINGS:
1. Site/landscape plan showing the lot layout, building
envelopes, open space areas, street right-of-way, and preliminary
landscape/irrigation design. Included with these drawings are
details showing pedestrian path design, specific grading plans, and
typical street cross-sections.
2. Fire/tree management plan showing primary and secondary
fire zones and suggested plan list.
2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
3. Topographic survey showing terrain, significant trees,
existing structures, and utilities. Also included is a slope
analysis map delineating slopes of 35 and 40 percent or greater.
4. Sample exterior elevations showing the design concept,
building form, proportion, scale, and materials.
NARRATIVE:
The May 1997 and December 1997 narratives provide the
following information:
1. Type of project.
2. Project information (i.e., owner, legal description,
density, etc.).
3. Introduction.
4. Background information.
5. Site description/analysis.
6. Project description.
7. Design concept for site planning, landscape, grading, and
building.
ADDITIONAL MATERIAL
In addition to the drawings and narrative, photocopies of
pictures taken at the site are included. Also included are the
draft Strawberry/Westwood Neighborhood Plan of March 18, 1996,
clarification of information for the Planning Commission staff
submitted on behalf of Applicants, public testimony of March 16,
1998, expanded findings on appeal of planning action 97-054 of June
10, 1998, and the Traffic Analysis Report of Wes Reynolds of June
15, 1998. Also included in the findings are the entire City of
Ashland Planning record, including staff reports and Planning
Commission findings and conclusions. The project will be privately
financed and construction drawings will begin as soon as outline
approval is granted. Current city standards for energy efficiency
will be applied to all new homes and enforced by the CC&Rs for the
project.
DISCUSSION:
This section also requires that the project shall comply with
all applicable requirements and standards described under the
Performance Standards Options Section 18.88. The application must
be found to comply with street, setback and parking standards, as
outlined under the Performance Standards Option.
3 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Street Standards.
Strawberry Lane and Hitt Road are existing public rights of
way. At the present time, Hitt Road is gated and provides access
to the upper reservoir area for authorized vehicles. A new road
will be built connecting Strawberry Lane to Hitt Road, creating a
looped street system. The new road shall be constructed to the
requirements for a "residential lane" as described in the
performance standards chapter. Hitt Road's existing paved surface
has not been constructed to city street standards and shall be
fully improved as part of the development.
The application includes paving from Westwood Street through
the intersection of Strawberry Lane and Alnutt Street. The
improvements will include pavement, curb and gutter, storm drain
facilities, and public sidewalks/paths. The applicants are
proposing to provide paved access from the development out Westwood
Street to the southern end of the Hassell development which will
create paved access to Wimer, a paved collector street, and to pave
down Strawberry Lane from the development to the intersection of
Alnutt Street and Strawberry Lane.
2. Parking Standards.
Onstreet parking requirements apply to all developments zoned
R-I, R-2, and R-3. While the RR-.5 zoning district is not
specifically noted, 17 onstreet spaces (parking bays) will be
provided. Also, additional guest parking has been designated on 16
out of 25 lots.
Setbacks.
Building envelopes have been delineated on all lots. All
envelopes are consistent with front and perimeter setback
requirements for the zoning district. Solar setbacks will be
evaluated at the time of building permit review.
FINDING:
Based upon the record and the above discussion, it is found
that the development has met all applicable ordinance requirements
of the City of Ashland.
B. 18.88.030(4)(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.
4 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
DISCUSSION:
1. Water.
The applicants intend to provide water for domestic use, fire
control, and plant irrigation. An existing ten inch water line is
located within Strawberry Lane and Hitt Road. A ten inch water
line is adequate to serve the proposed subdivision. A fire hydrant
will be placed every 250 feet of travel distance from any home.
Each new home will also have a residential fire sprinkler system.
Low water use plumbing fixtures will be installed per city
standards. Further, low water plant material and water saving
irrigation systems will be installed within the public right-of-
way. According to the city, the water line is adequate to handle
the proposed development. A can-and-will-serve letter has been
provided by the city engineer.
2. Sewer.
An existing eight inch sanitary sewer line is located within
the Strawberry Lane right-of-way. The applicants will connect the
project sanitary sewer service to this line. This line is adequate
to support the proposed subdivision. A can-and-will-serve letter
has been provided by the city engineer.
3. Paved access to and through the development.
The development will provide paved access from Westwood
Street, beginning at the end of the local improvement district from
the Hassell development, south to the intersection with Strawberry
Lane. Strawberry Lane will then be widened and paved to and
through its intersection with Alnutt Street. Hitt Road will be
improved to city standards to where it intersects with the proposed
new road. The new road, Strawberry Lane and Hitt Road will create
a looped, paved circulation system.
The proposed improvements provide paved access from the
nearest fully improved collector street, to and along the frontage
of the development. Paved access has been proposed from and along
the frontage of the development, to Westwood, once these
improvements have been made paved access will exist to Orchard, to
Wrights Creek, to Wimer, and to North Main. All public streets
along this route have adequate capacity to handle the incremental
increase in vehicle trips resulting from the project as
demonstrated by the traffic study in the neighborhood plan, the
applicants' submissions, and the traffic analysis report. The
improvements to Strawberry Lane from Hitt Road and through its
intersection with Alnutt Street will improve access to the area in
the overall operation of the intersection, while still allowing the
unimproved sections of Alnutt Street and Strawberry Lane to operate
at an acceptable level of service.
5 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Wes Reynolds Traffic Study demonstrates that the proposed
development will not cause any streets providing paved access to
and through the development to operate beyond capacity. Paved
access to and through the development will be provided via Westwood
Street. Alternate paved access will also be provided from the
intersection of Strawberry Lane and Alnutt Street to a paved
collector street. The paving of alternate access will eliminate
the dangerous conditions presently existing in the lower Strawberry
Lane area. The development acknowledges responsibility for impacts
on the downstream streets and the appropriateness of participation
in the expense of improvement by providing for paved access to a
collector street as required by condition 21.
The capacity for a paved local collector street is 1500 ADTs.
The County uses 800 ADTs for unpaved roads. Even at maximum build
out, the capacity on the street system would not be reached. Also,
if the vehicle trips generated by the proposed development, 92 ADTs
on Westwood and 138 ADTs on Strawberry Lane, are added to the
present traffic counts, the additional vehicle trips are far below
street capacity.
4. Electrical, telephone, and cable television.
All on site and new services within the public right-of-way
will be underground. The existing services are located within the
Strawberry Lane right-of-way. Ten foot wide public utility
easements are provided along all street frontages.
5. Urban storm drainage.
The use of natural and standard pipe storm drainage systems
are sufficient to handle the increased runoff from the development.
As stated in the Hammond Engineering Report, the proposal will
incorporate natural drainage swales adjacent to streets and
pedestrian walkways to collect and control runoff from private
property and public streets. The use of drainage swales will be
limited to grades less than 4% in the development. Detention ponds
are proposed to be installed throughout the common open space in
order to slow water passage and protect the natural creek
environment from increased peak flows resulting from paving and
development. Because sediment will accumulate in the detention
ponds, a homeowner's association will be responsible for the
regular sediment removal and maintenance schedule for the system.
Runoff into conventional curb and gutter systems within the new
street will be directed to a new pipe system proposed to be
installed from Hitt Road down to the intersection of Strawberry
Lane and Alnutt Street and connected to the existing city storm
drainage system.
6 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
6. Fire and police protection.
The proposed fire management plan addressed the concerns
raised by the fire chief regarding the development. The proposed
project is within the city limits and therefore protected by both
fire and police services. As recommended by the fire department,
all new homes will have automatic fire sprinkler systems.
7. Adequate transportation.
The proposed development will generate an additional 230
average daily vehicle trips. As demonstrated in the applicants'
findings, traffic count maps, the neighborhood plan, and the Wes
Reynolds traffic report, the transportation route to and through
the development will operate below capacity. All public streets
along this route have adequate capacity to handle the incremental
increase in vehicle trips resulting from the project. Resolution
91-39, in the record, does not apply to collector streets. Wimer
is a collector street. Therefore, Wimer does have further capacity
and may serve as access to the development.
8. The development will not violate the Physical and
Environmental Constraints Chapter. Development will not occur
within flood plain corridor lands, areas within 20 feet of any
creek designated for riparian preservation, such as Wrights Creek.
The proposed Fire Management Plan addresses all the concerns raised
by the fire chief. Both the Neighborhood Plan and the Development
Plan precede adoption of development on slopes of greater than 35%.
The new Hillside ordinance was adopted subsequent to the December
1997 acceptance of the application as complete. The Development
Plan is in conformance with the prior ordinance prohibiting
development on slopes of greater than 40%. Therefore, the
Development Plan is in conformance with the Physical and
Environmental Constraints Chapter.
9. The council does not interpret the code to require
sidewalks on both sides of a street providing access to
development. There is not sufficient right-of-way on Strawberry
Lane to provide all performance standards, otherwise required.
FINDING:
Based upon the record and the above discussion, it is found
that all key city facilities can be adequately provided and that no
city facilities will be caused to operate beyond capacity.
C. 18.88.030(4)(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.
7 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
DISCUSSION:
A topographic map with slope analysis has been provided as
part of the application materials. The map identifies all areas
with slopes of 35% and greater, as well as 40% and greater.
Because the application was filed prior to the recent adoption of
hillside development standards, all building envelopes must be
located on lands with slopes of less than 40%, rather than 35% as
established under the new hillside standards. Consistent with this
standard, all of the building envelopes have been located on slopes
of less than 40%.
1. Significant Trees
The location of existing significant trees and shrubs have
been noted on the applicants' drawing. The less sloped portions of
the development have larger pines and oaks scattered throughout the
property. The steeper sections tend to be densely covered with a
combination of scrub oak, manzanita, and madrone trees. The
building envelopes and private driveways have been located to avoid
having to remove significant trees. Given the severity of slopes
on the Brown property, much of the parcel is considered unbuildable
and will remain in a natural state. A fire management plan and
tree protection plan has been provided by the applicant.
2. Natural drainageway
A natural drainage swale runs south to north through the lower
portion of the project. The drainage swale represents the southern
extent of the east fork of Wrights Creek. The natural drainageway
has been incorporated into the project's design. Sections of the
drainageway north and south of Strawberry Lane are located in areas
identified as private open space and will not be disturbed. See
applicants' drawings. Building envelopes have been located at a
minimum of 20 feet from the top of the creek bank to reduce impacts
on the drainage areas resulting during home construction.
FINDING:
Based upon the record and the above discussion, it is found
that the existing and natural features of the land have been
identified in the plan of development and have been included in the
open space, common areas and unbuildable areas.
D. 18.88.030(4)(d) -- That the development of the land will
not prevent adjacent land from being developed for the uses shown
in the comprehensive plan.
DISCUSSION:
The surrounding area is zoned rural and woodland residential,
while the area to the southeast is currently outside Ashland's city
8 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
limits. Much of the street system is already in place, with the
exception of the new section of road in this project proposed for
connecting upper Hitt Road to upper Strawberry Lane. Adjacent
parcels have frontage along existing public rights of way. The
physiographic constraints apparent in this area will be the key
factor in determining the future development of adjacent lands
rather than any element of this project.
The development of the Hwoschinsky property will not prevent
development of the Kneebone property to the north. Access to the
Kneebone property is located off Sunnyview Drive. The city
performance standards zoning would allow clustering of lots in this
area, which is the flatter portion of the Kneebone property,
without loss of density. The southerly portion of the property is
both steep and environmentally sensitive due to Wrights Creek.
Under present ordinances, the southerly portion of the Kneebone
property would be difficult, if not impossible to develop. The
concerns of the Kneebone property owners have been satisfied
because adequate city facilities exist or will be built as part of
the development to provide the required services to the
development. The proposed development will not prevent the
Kneebone property from being developed.
FINDING:
Based upon the record and the above discussion, it is found
that the development of the land will not prevent adjacent land
from being developed for the uses shown in the comprehensive plan.
E. 18.88.030(4)(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, the early
phases have the same or higher ratio of amenities as proposed in
the entire project.
DISCUSSION:
All private common landscape areas, drainage swales,
sidewalks, detention ponds, and open spaces will be maintained by
a homeowner's association, and the final association agreement will
be provided prior to final plan approval. The homeowners
association will also be responsible for maintenance of the
drainage swales in the public right-of-way. The long term
maintenance of the project's fire prevention and control plan will
be the responsibility of the homeowner's association.
The proposed private open space serves the following purposes:
1. The preservation of significant trees~
2. The location of natural drainage in riparian areas;
9 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
3. The protection of the view shed from the downtown area
and from across the canyon; and
4. Stabilization of areas of significant slope.
The total private open space is 7.37 acres, which is 29% of
the total development. This exceeds the 5% required under city
standards. As mentioned in the narrative, the open space is
private due to the sensitivity of the area. Public trails to the
open space would create a potential fire hazard and disturb the
natural drainage way/riparian area. The applicants are also
providing a meandering path within the public right-of-way for
pedestrian access.
FINDING:
Based upon the record and the above discussion, it is found
that adequate provisions exist for the maintenance of open space
and common areas.
F. 18.88.030(4)(f) -- That the a proposed density meets the
base and bonus density standards established under this chapter.
DISCUSSION:
The existing zoning for this area is RR-.5P. This zone allows
for half acre zoning. Under this zoning, the applicant could have
30 units. Due to site constraints, preservation of the rural
character of the area, and compliance with the neighborhood plan
the applicant is requesting 25 units.
The proposed density complies with Section 18.88.40 for the
underlying zoning designation for the properties. The density for
this project has been calculated as follows:
Base density: 1.2 DU/Acre x 25.04 acres = 30 units
Proposed project density: 25 homes (2 existing)
FINDING:
Based upon the record and the above discussion, it is found
that the proposed density meets the applicable base and bonus
density standards.
V. CONCLUSIONS OF LAW
Based upon the evidence submitted with this application and
the discussions, conclusions, and findings made above, the Ashland
City Council makes the following conclusions of law:
10 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Based on the record of the public hearing on this matter,
the Ashland City Council concludes that the proposed 25-1ot
subdivision, under the Performance Standards Option, is supported
by evidence 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 No. 98-054. The following are the
conditions and they are attached to the approval:
1. That all proposals of the applicants be conditions of
approval unless otherwise modified here.
2. That the final design of the intersection of Hitt Road
and new road comply with city site distance standards. Compliance
with site distance standards to be indicated at the time of final
plan approval.
3. The location and final engineering for all storm drainage
improvements associated with the project, including, but not
limited to, drainage soils, detention ponds and pipe systems, be
submitted at the time of final plan for review and approval by the
Departments of Public Works and Planning.
4. The building setbacks along the perimeter of the project
site shall comply with yard requirements of the RR-.5 zoning
district.
5. That a draft copy of the CC&Rs for the homeowner's
association be provided at the time of final plan. CC&Rs to
describe responsibility for the maintenance of all common open
space in accordance with the fire prevention and control plan.
CC&Rs to provide time schedule for the regular maintenance of storm
water detention systems and fire prevention and control strategies.
6. That the central open space area shown on the final plan
between the new road, Hitt Road and Strawberry Lane match the size
and configuration of the area shown on the plan presented at the
February 10, 1998, meeting of the Planning Commission.
7. That street trees, one per 30 feet of street frontage, be
installed along the frontage of each lot prior to the issuance of
a certificate of occupancy. Street trees with root barriers to be
installed within the planting strip/park row prior to the
certificate of occupancy. Root barrier design to be submitted for
review and approval at the time of final plan.
8. That all easements for sewer, water, electric, and
streets be indicated on the final survey plat as required by the
City of Ashland.
11 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
9. That a site, size and species specific landscaping plan
incorporating the recommendations of the Ashland Tree Commission
for all common areas and planting strips be submitted for review at
the time of final plan.
10. That any installation of fencing along the boundary of
the open space not exceed a height of four feet.
11. That a drainage and grading plan for the project be
submitted at the time of final plan for review and approval by the
Engineering and Planning Division.
12. That engineered construction drawings for all streets and
shared private driveways be provided in final plan. Plans to
include profiles and cross sections, indicating cuts and fills,
erosion control and slope stability and methodologies consistent
with the standards for hillside lands contained in AMC 18.62.
13. That all proposed fencing adjacent to the open space
along the fork of Wrights Creek not exceed a height of four feet
and be constructed in accordance with the requirements of the
physical and environmental constraints chapter 18.62, flood plain
corridor lands, if applicable.
14. That all open space improvements (i.e. landscaping,
detention ponds, irrigation, etc.) be installed or bonded for in
accordance with the procedures in the subdivision chapter prior to
signature of the final survey plat.
15. That additional right of way be dedicated along Hitt Road
and Strawberry Lane, if required by the Public Works Department, to
allow adequate room for the proposed street improvements.
16. That all requirements of the Ashland Fire Department be
complied with prior to the signature of the final survey plat and
or the issuance of a certificate of occupancy for each new home.
Such requirements to include the installation of interior sprinkler
systems in all new homes.
17. That written authorization from the Oregon Division of
State Lands be provided for the proposed development adjacent to
Wrights Creek prior to final plan approval.
18. That a deed restriction be placed in the CC&Rs for the
project indicating that all understory vegetation associated with
the Wrights Creek drainageway environment be retained to protect
stream and habitat quality. Understory materials may be
systematically replaced with like horticultural varieties of plant
species when approved by the Ashland Planning Department in
coordination with the Oregon Department of Fish & Wildlife.
12 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
19. That a plan describing tree protection strategies
consistent with the standards in Chapter 18.62 for hillside lands
be submitted at the time of final plan approval. Plan to describe
timing and implementation of such tree protection measures in
accordance with the construction of all public improvements (i.e.
streets and utilities) and shared driveways.
20. That it is recommended that all construction traffic go
by way of paved streets.
21. That secondary paved access, providing through access for
the development, be provided from the intersection of Strawberry
and Alnutt to a paved collector street.
ADOPTED and APPROVED by the Ashland City Council on September 1,
1998.
~atherine Shaw, Mayor
13 - FINDINGS OF FACT AND CONCLUSIONS OF LAW