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HomeMy WebLinkAbout1989-038 Findings - Croman CorpBEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON May 2, 1989 IN THE MATTER OF PLANNING ACTION #89-033, REQUEST FOR ) ANNEXATION AND ZONE CHANGE FOR APPROXIMATELY 1.07 ACRES ) FINDINGS, OF LAND AT 185 AND 225 MISTLETOE ROAD. ) CONCLUSIONS APPLICANT: CROMAN CORPORATION ) AND ORDERS ) RECITALS: 1) Tax lot 1900 of 391E 14D is located at 185 and 225 Mistletoe Road and the proposed zoning is E-I; Employment. 2) The applicant is requesting approximately 1.07 acres of land. Department of Community Development. Annexation and Zone Change for A site plan is on file at the 3) The criteria for approval of an Annexation are found in 18.108.190 and are as follows: 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 Ashland City Council following proper public notice, held a Public Hearing on May 2, 1989, at which time testimony was received and exhibits were presented. The City Council recommended approval of 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 Ashland City Council hereby incorporates by reference the Staff Report noted as "Exhibit A", the findings submitted by the applicant noted as "Exhibit B", the Site Plan submitted by the applicant noted as "Exhibit C" and the minutes from the public hearing on this proposal held on May 2, 1989, noted as "Exhibit D". 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 and Zone Change of approximately 1.07 acres of land, located adjacent to Mistletoe Road, meets all relevant criteria for approval of an Annexation found in Chapter 18.108.190. Based on evidence contained in the whole record and the criteria considered in evaluating requests for Annexation, the City Council makes the following findings: That the land is within the City,s Urban Growth Boundary. The land is presently within the city's UGB, as indicated on the Zoning and Comprehensive Plan maps. B. That the proposed zoning and project are in conformance with the City's Comprehensive Plan. The Comprehensive Plan map shows this area as having an Employment designation. The applicants are requesting to annex this property under the E-1 zone, in conformance with the Comp Plan map. C. That the land is currently contiguous with the present City llmits. The land is presently contiguous with the City limits along the northern property line. D. That publlc services are available or can be made available to the site. Paved access, water, and electric are presently available. Sewer is not currently available, but the applicants' findings state that sewer can be connected to the existing service available across the street on Croman Corporation property. The Engineering Department has also stated that current city plans indicate that a sewer main will be extended to within 200' of the property. All other services, such as Police and Fire protection, will be made available upon annexation to the City. E. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated. In previous annexation applications, applicants have provided evidence of a City-wide need for land of a particular zoning, based on an inventory analysis. In this instance, however, the same definition of "need" does not necessarily apply. Comprehensive Plan Policy XII-2 states "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 an annexation is necessary to alleviate a probable public health hazard." While there may be an adequate inventory of E-1 lands city-wide, these lands do not possess similar qualities as the proposed site due to their distance from Croman's mill operations. It would not be practical to require the Croman Corporation to locate a new office building in another portion of town, such as Hersey Street, simply because adequate vacant E-1 land was available there. The City Council believes that due to the nature of the business of Croman Corporation, an expansion of area to accommodate an office building must be done in close proximity to the existing operation. And it is the City Council opinion that there is a public need for additional land, specifically at this location. 2.3 The Council. hereby adopts the applicant's findings as submitted. SECTION 3. DECISION 3.1 Based on the record, the City Council concludes that the proposal for Annexation and Zone Change for approximately 1.07 acres of land is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the Ashland city Council approves Planning Action #89-033. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #89-033 is denied. The following are the conditions and they are attached to the recommendation for approval: 1) That a survey be completed by a registered surveyor, including a certified description of the property, prior to the first reading of the ordinance by the city Council approving the annexation. Such survey to include the adjacent rights-of-way. 2) That all easements for sewer, water, electric, and streets be provided as required by the City of Ashland. 3) That all hydrant requirements of the Ashland Fire Department be met prior to the issuance of a building permit on the property. 4) That the applicants pay the Systems Development Annexation Fee prior to issuance of a building permit on the property. Fee to be approximately $2,660. 5) That the site plan for the proposed office be processed as a separate Site Review, and that the design comply with the City of Ashland Site Design and Use Guidelines. Additional conditions related to specific development of the site will be added during the Site Review, including landscaping and sidewalks. 6) That the proposed office building hook up to City sewer service prior to the issuance of a Certificate of Occupancy Dated this /~/~day of month, 1989 Mayor City Rec6rder