Loading...
HomeMy WebLinkAbout1989-001 Findings - CoxBEFORE THE ASHLAND CITY COUNCIL JANUARY 2, 1989 IN THE MATTER OF PLANNING ACTION #89-168, REQUEST FOR ) OUTLINE PLAN APPROVAL FOR A 17 LOT SUBDIVISION UNDER THE) PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED AT) 766 ROCA STREET. ) APPLICANT: FRED COX ) ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 1200 of 391E 15BC is located at 766 Roca Street and is zoned R-i-10P, Single Family Residential. 2) The applicant is requesting Outline Plan approval for a 17 lot subdivision under the Performance Standards Option. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for Outline Plan approval are found in Chapter 18.88 and area as follows: a) That the development is consistent with city plans and with the stated purpose of this Chapter of the Land Use Ordinance. b) That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. c) That the development design minimizes any adverse effect on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. d) That adequate public facilities can be provided including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. e) That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. f) That there are adequate provisions for the maintenance of open space and common areas, that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire. g) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical. h) That all other applicable City Ordinances will be met by the proposal. 4) The City Council following proper public notice, held a Public Hearing on November 8, 1989, 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 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 a "M" 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 proposal for a 17 lot subdivision meets the criteria for approval outlined in Chapter 18.88. Specifically, the Council makes the following findings: a) That the development is consistent with City plans and with the stated purpose of this Chapter of the Land Use Ordinance. The City Council does not find any significant conflict with the Ashland Comprehensive Plan raised by the opposing testimony. It was suggested that the proposal did not comply with Goal IV-10 of the Ashland Comprehensive Plan which states: On steep slopes require lot coverage reductions based upon slope percentages in the City,s implementing ordinances. The Goals and Poulicies section of the Plan indicates that the implementation of this goal is carried out through Chapters 18.88 (Performance Standards), 18.62 (Physical Constraints), 18.72 (Site Review) and 18.14 (Woodland Residential Zone). The applicable sections concerning this proposal are Chapters 18.62 and 18.88. Chapter 18.62 requires that all newly created lots include a building envelope with a slope of less than 40 percent to reduce erosion, and provide for bank stability. The proposed subdivision meets this criterion. Chapter 18.88 affords the developer flexibility in design in order to mitigate a site's physical constraints. The Council has required that lot coverage be reduced by 10 percent for lots with building envelopes between 30-40 percent. While diverse opinions and interpretations where offered of the Plan document, the Council finds no factual information in the testimony that indicates a conflict. In addition, the Council adopts by reference the findings submitted by the applicant with respect to conformance with the Ashland Comprehensive Plan, document P-5, page 2 through 33 inclusive. b) That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. The Council finds that existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. The applicant has placed the homesites high upon the banks of the valley and will retain the area around the drainage channel in an open state. This area will serve as a common area for those within the subdivision. c) That the development design minimizes any adverse effect on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. The Council finds that the proposed development accompanied by the attached conditions of approval will minimize any adverse effect on the areas beyond the project site. A number of concerns Where brought up by Robert S. Blanton, P.E., retained by Allan Sandler and neighbors, which the Commission believes will be mitigated under the current proposal with the attached conditions or may be deferred until Final Plan approval and the submission of building permits as stated under the Ashland Land Use Ordinance. The following is a list of the major concerns raised by Mr. Blanton and the methods by which these concerns shall be mitigated. 1) EROSION The proposed new road, Oak Crest Lane, shall be constructed to city street standards, which include curb, gutter and sidewalk. Curb and gutter along the common driveways is not an ordinance requirement, and runoff shall be accommodated through an inverted crown design, to be approved by the Ashland Engineering Division. Roof drains and foundation drains will be reviewed at the time of building permit review and will have to meet the requirements of the Oregon Uniform Building Code. Also, all runoff from gutters and foundation drains must be diverted to the City's storm drainage system or a legitimate drainage easement (i.e, Roca Drainage). Exposed slopes during construction will be protected through the use of hay bales or similar erosion control methods. Cut and fill slopes on individual building lots will have to meet the requirements of the Uniform Building Code. In addition, erosion control netting will be used as well as erosion control vegetation. Furthermore, permanent irrigation measures shall be provided to ensure vegetation growth. Street cuts in excess of 1' in height shall be surfaced with a dry masonry rock face or the functional equivalent. 2. SLOPE STABILITy The Council believes that the concerns regarding slope stability will be mitigated by using the aforementioned measures above. Furthermore, a condition has been placed on the approval which requires the applicant to incorporate the recommendations of Tom Ferrero, Engineering Geologist, suggested in his report regarding foundations, testing for bearing strength, compaction, imported fill, concrete piers, etc. The applicant is required to present an account of which measures will be taken at the time of Final Plan review. The ordinance requirements of restricting construction on slopes in excess of 40% and the Council's additional condition reducing lot coverage on lots with slopes from 30-40% will also mitigate potential slope stability problems. 3. SAFETY A concern was brought up regarding slopes of private driveways. The Ashland Municipal Code does not stipulate a maximum slope for a private driveway, however, the applicant has agreed to comply with city street standards and limit driveway slopes to 15 percent. Mr. Blanton mentioned that there is no place for bicycles. The Ashland Municipal Code does not require bicycle lanes on City streets, except when required as part of the official Transportation Plan. A public street serving 9 dwellings will have very low traffic flows, approximately 90 trips/day, making any conflicts between autos and bicycles very minimal. 4. FLOODING Chapter 18.62 of the Ashland Municipal Code requires that a Physical Constraints Review Permit be processed prior to any development along designated drainage channels. Specifically, 18.62.070 (B) requires that any culverting or bridging of any waterway must be designed by an engineer. Such crossing shall be designed to accommodate a 100-year flood, and shall consider the probability that the culvert will be blocked by debris in a severe flood. A Physical Constraints review permit shall be processed at the time of Final Plan approval. Also, storm runoff will be accommodated by storm drainage plan to be approved by the Public Works Department and shall be presented, in detail, at the time of Final Plan approval. The engineering calculations done to design the culvert for a 100- year flood shall include a hydrologic study of the drainage basin of Roca drainage. d) That adequate public facilities can be provided including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. Based on the memorandum submitted by Steve Hall, Ashland Public Works Director, dated October 16, 1989, the Council finds that the current water and sewer system is sufficient to meet all water needs of the proposed development. Further, City electrical service is available along Roca Street and according to A1 Williams, Director of the Electric Department, is adequate to serve the new homes and will not cause power shortages. Roca Street will be paved to a width of twenty feet with curb, gutter and sidewalk on one side. The new proposed road, Oak Crest Lane, will be constructed to Ashland street standards. The Council finds no factual information in the testimony which indicates that adequate public facilities do not exist to serve the proposed subdivision. e) That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. The Council finds no factual information contained within the record which indicates that the development of the land and provision of services will cause shortages of a necessary public facility in the surrounding area, or will impede the potential development of adjacent lands. The appropriate City departments have stated that adequate public facilities are available to serve the proposed subdivision, and the system in place is designed to meet all water needs based on the Comprehensive Plan land use designations. f) That there are adequate provisions for the maintenance of open space and common areas, that if developments are dqne in phases that the early phases have the same or higher ratio of amenities as proposed in the entire. The Homeowner's Association will be responsible for the maintenance of open space and common areas. The C,C & R's will provide for the maintenance of open space and waterways, and will be reviewed and approved by the City Attorney. Also, the conditions for approval require that Phase I include the development of the open space/common areas and improvements on Roca Street. g) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical. The Council finds that the energy needs of the development have been considered. All homes will be built to the City's Energy Efficient Standards. Further, the applicants findings indicate that all homes will be designed to be in full compliance with the City's Solar Access Ordinance. h) That all other applicable City ordinances will be met by the proposal. The City Council finds no information contained within the record which indicates a conflict with any applicable City Ordinance. The base density for the parcel is 15 dwelling units. A 35% density bonus has been awarded for energy efficient design and open space amenities, bringing the total allowable density to 20 dwelling units. The applicants have proposed 17 dwelling units. 2.3 The city Council hereby adopts the applicant's findings as submitted. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for a 17 lot subdivision under the Performance Standards Option is supported by the 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 #89-168. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #89-168 is denied. The following are the conditions and they are attached to the approval: 1) That all disputes concerning the lot boundaries be settled prior to application for Final Plan approval. Proof of clear title for the parcel shall be required at the time of application. 2) That a sidewalk be located on the eastern side of the new street, from Roca Street around the end of the cul-de-sac to the proposed open space path, and that it be constructed to a 4' width. 3) That street trees, 1 per 30' of frontage, be provided along both sides of the new street, and along the Roca Street frontage. Trees to be installed prior to the issuance of a Certificate of Occupancy for any new structure. Street trees located in the open space shall be installed prior to acceptance of the subdivision by the city of Ashland. 4) That a half-street improvement be done on Roca Street, including curb, gutter, and sidewalk. 5) That the building envelopes be modified such that no envelopes contain sloping areas in excess of 40%. Also, all lots shall contain at least one 20' private yard, either at the rear or side of the property and indicated on the Final Plan. 6) That a hydrologic study be performed including engineering information concerning adequacy of water and flood impacts regarding the ponds and waterfalls proposed for the open space area at the time of Final Plan. The study should also address the issue of removal of the culvert along Roca Drainage. The Planning Commission reserves the right to remove the culvert at the time of Final Plan. 7) That solar envelopes be provided for all lots and indicated on the final plan and final survey plat. 8) That building envelopes be provided for all lots and indicated on the final plan and final survey plat. 9) That the rear yard setbacks for the parcels abutting the eastern property line be a minimum of 20'. 10) That detailed information concerning street design, relating to cuts and fills and street grade, be presented at the time of Final Plan. Plans to be site specific and not "typical." No street grades shall exceed 15%. Also, information on culvert sizing, as per the Physical and Environmental Constraints ordinance, shall be required as part of the street design. 11) That the open space on the eastern side of the new street be deleted and that this area become part of the lots on this side. 12) That a development/landscaping plan be presented for the open space, including the cul-de-sac island. 13) That draft CC&R's be presented at Final Plan approval indicating maintenance of common open space and common drives and that the CC&R's be reviewed by the City Attorney. 14) That all easements for sewer, water, electric, and streets be provided as required by the city of Ashland. 15) That a drainage way easement be provided for Roca Drainage. 16) That the Planning Commission reserve the right to remove the culvert along Roca drainage and can do so at the time of Final Plan 17) That a public pedestrian access easement be granted to the City of Ashland for the pathways through the open space. 18) That an interim construction erosion control plan, and permanent erosion control plan be submitted as part of Final Plan. Such plans to address the street cuts and fills, and possible erosion control measures to be taken during residence construction. Street cuts in excess of 1' in height should be made near vertical and be surfaced with a dry masonry rock face or the functional equivalent. Fill slopes should be maintained with an erosion control netting and seeded with an erosion control vegetation. Irrigation should be provided to ensure vegetation growth. Erosion control plans to include detail of all such measures. 19) That soils testing of the site be done to determine the quality and stability of the soils, with the intent of discovering what the soil is comprised of and the potential for any future potential problems. 20) That the slopes on driveways be limited to 15 percent or less which parallels the present street standards. 21) That Phase I include the development of the open space/common areas and improvements on Roca Street. 22) That for lots where the building envelopes include slopes between 30-40 percent, that the lot coverage be reduced by 10 percent, making it 36 percent lot coverage. 23) That specific plans relating to the recommendations of the geologic report concerning foundations, retaining walls, streets, and other facilities be presented at the time of Final Plan. Dated this ~~ day of January, 1990. ATTEST: APPROVE D: MAYOR