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HomeMy WebLinkAbout1989-029 Findings - RoyceBEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON IN THE MATTER OF PLANNING ACTION #88-131, REQUEST FOR A ) FOUR LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS ) OPTION FOR THE PROPERTY LOCATED ON THE ASHLAND LOOP ROAD) EAST OF THE INTERSECTION WITH TERRACE STREET, NEAR THE ) CROWSON RESERVOIR; ) APPLICANT: DEAN ROYCE ) ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Taxlot 1200 of 391E 16BA is located on Ashland Loop Road east of the intersection with Terrace Street, near the Crowson Reservoir, and is zoned R-I-10P AND RR.5P, Single Family Residential and Rural Residential respectively. 2) The applicant is requesting Outline Plan approval for a four lot subdivision under the Performance Standards Option. A site plan is on file at the Department of Community Development which outlines the layout'of the subdivision. 3) Criteria for the approval of an Outline Plan are found in Section 18.88.030 of Ashland's Municipal Code. Conditions for approval state that the following criteria be met: 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 September 14, 1988, 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. FINDINGS 1.1 The City Council hereby incorporates by reference the Staff Report and accompanying slides noted as "Exhibits A and B", the findings submitted by the applicant's engineer, Dale Hofer, noted as "Exhibit C", the Site Plan submitted by the applicant noted as "Exhibit D", the street design plan submitted by the applicant noted as "Exhibit E", the memorandum from Assistant city Engineer, James H. Olson, dated October 6, 1988 noted as "Exhibit F", the memorandum from James H. Olson, dated October 12, 1988, noted as "Exhibit G" and the minutes from the public hearing on this proposal held on September 14, 1988, noted as "Exhibit H". 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 four lot subdivision meets all relevant criteria of the Performance Standards Options chapter 18.88. The city Council finds the proposed development to be consistent with the Ashland Comprehensive Plan and with the stated purpose of the the Performance Standards Options chapter of the Land Use Ordinance. Building envelopes for each lot have been located on areas with slopes less than 40 percent in order to minimize any adverse effect on areas beyond the project site. Also, the applicant's findings indicate that "existing trees on the development site over 6" in diameter will be left , if at all possible, in locating the new residences." The applicant is required to submit a tree management plan at the time of final plan approval, indicating trees for preservation, and incorporating a wildfire management plan. Based on memorandums from the Ashland Public Works Department concerning the improvement of Terrace Street and the street design plan submitted by the applicant's engineer, the City Council believes access to the subdivision via a minimum 20 foot wide improved Terrace Street is feasible. The applicant's findings indicate that improvements to Terrace Street and Ashland Loop Road will be accomplished through the creation of a Local Improvement District (LID). Final Plan approval, however, shall not be processed unti~ the formation of the local improvement district has been approved~by the Ashland City Council. All other public facilities can be provided to the development, including water, sewer, electricity and urban storm drainage. The applicant's findings indicate that the energy needs of the development have been considered. The houses are planned to meet "Super Good Cents" criteria. 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 Outline Plan approval of a four lot subdivision is supported by evidence 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 #88-131. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #88-131 is denied. The following are the conditions and they are attached to the approval: 1) That the final plan not be processed until the formation of the local improvement district for the street improvements has been approved by the City Council or the applicants have agreed to make the street improvements themselves. 2) That all necessary easements for sewer, water, electric and streets be provided as required. 3) That a tree management plan be presented at the time of final plan, indicating trees for preservation, and incorporating a wildfire management plan. 4) That all requirements of the Ashland Fire Department be met prior to construction with combustible materials. 5) That should any development take place on lands defined as Erosive and Slope Failure Lands or Severe Constraints Lands be subject to a Physical Constraints Review Permit, including an erosion control plan. 6) That all services for electric be installed as required by the City Electric Department. 7) That a pedestrian and bicycle easement be granted along the existing T.I.D. ditch or Waterline Maintenance Road. 8) That assessments for the improvements on Terrace Street be secured by the applicants. 9) That all recommendations set forth by the Ashland Tree Commission be complied with. 10) A Preliminary Plan for the Terrace Street improvement is to be approved by Engineer Jensen on behalf of the neighbors, Engineer Hofer on behalf of the Applicants and by the Director of Public Works for the City of Ashland and by the City Council. The final plan for Terrace Street improvement shall be in substantial conformance with the Preliminary Plan. The construction of Terrace Street shall be in substantial compliance with the final plan, City and State Laws, and with the reasonable engineering judgment of the Director of Public Works and based upon consideration of the best interests of the People of the City of Ashland. At all stages of construction, unforeseen problems shall be resolved by the Director of Public Works for the City of Ashland based upon the foregoing standards. Mayor Attest Date