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HomeMy WebLinkAbout1989-081 Findings - MaharBEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON SEPTEMBER 19, 1989 IN THE MATTER OF PLANNING ACTION #89-095, REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF 92 APARTMENT UNITS. PROPERTY LOCATED SOUTH OF HERSEY STREET BETWEEN THE INTERSECTIONS OF HERSEY WITH MOUNTAIN AVENUE AND WILLIAMSON WAY. APPLICANT: MIKE MAHAR - PACIFIC TREND ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) RECITALS: 1. Tax lots 3501, 3502 and 3600 of 391E 4DC & tax lot 6400 of 391E 9AB are located south of Hersey Street between the intersections of Hersey with Mountain Avenue and Williamson Way and is zoned E-l; Employment. 2. The Applicant is requesting Site Review approval for the construction of 96 apartment units. Site improvements are outlined on the Site Plan on file at the Department of Community Development. 3. The Planning Co~nission approved the Applicant's Site Plan with modifications and subject to conditions. The City Council received the matter on appeal from the Planning Con~ission, which held a public hearing on June 14, 1989, and adopted findings on July 12, 1989. 4. The City Council, following proper public notice, held a Public Hearing on September 19, 1989, at which time testimony was received and exhibits were presented. The City Council approved the application for Site Review subject to conditions pertaining to the appropriate development of the site. 5. The criteria for approval for a Site Review are found in Chapter 18.72 and are as follows: A. Ail applicable City ordinances have been met and will be met by the proposed development. B. Ail requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. Now, therefore, the City Council of the City of Ashland finds, concludes and decides as follows: SECTION 1. FINDINGS 1.1 The 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", the minutes from the public hearing on this proposal before the Planning Commission held on June 14, 1989, noted as "Exhibit D", the minutes from the public hearing on this proposal before the City Council held on September 19, 1989, noted as "Exhibit E" and the architectural elevations, diagrams and plans submitted on behalf of Applicant. SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council adopts by reference the Conclusory Findings adopted by the Planning Commission in its Order, dated July 12, 1989. 2.2 The City Council hereby adopts the Applicant's findings as submitted. 2.3 The City Council makes the following additional findings. A. Applicant's apartment complex should access on Williamson Way at the southeast corner of the property as well as on Hersey Street at the northwest corner of the property. Two accesses will provide easier access to the property for emergency vehicles. Concern was expressed about the mix of residential and commercial traffic. However, such mixed traffic has been accommodated in other areas of the City. The use of Williamson Way will disperse the traffic from the project on Hersey Street and Williamson Way. In addition, traffic along Williamson Way at extended hours during the day will help make the employment uses along Williamson Way more secure by putting more people in that area after normal business hours. The access on Williamson Way should be open and not blocked by a breakaway gate. B. The improvements required of Applicant along Hersey Street will improve Hersey Street and are those normally required of developers for like developments in the City of Ashland. C. The landscaping plan filed by Applicant shows the location of trees and shrubs. Trees are clustered and will provide sightline buffering between the apartments in the complex and the neighboring residential areas. FINDINGS, CONCLUSIONS AND ORDERS - 2 D. The elimination of the Hersey Street access at the southwest corner of the project will prevent some traffic hazards at that area and will eliminate perceived problems from headlight glare on neighboring properties. The construction of a bicycle and pedestrian path at that location will provide access to the complex for bicycles and pedestrians without disturbance to neighbors. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, and subject to the conditions set forth herein, the City Council concludes that the Site Plan for the proposed 92 apartment units is supported by evidence contained in the whole record. The following are the conditions that are attached to Site Plan approval: A. That the additional right of way of Hersey Street be dedicated to the City before issuance of a building permit. B. That a half street, curb, gutter and sidewalk be constructed along the frontage of the project prior to issuance of a Certificate of Occupancy. C. That the subdivision be platted, and improvements bonded, prior to issuance of building permits on the project. Improvements to be completed within one year of the platting. D. That fire hydrants be installed to the standards of the Ashland Fire Code. E. That all easements for public utilities be provided as required by the City of Ashland. F. That all conditions of the Conditional Use approval apply. G. That a slope easement be provided along Hersey Street as per the requirements of the Ashland Engineering Division. H. That additional street trees be placed along the parking areas. Species and placement of trees to be reviewed by the Ashland Tree Commission and approved by the Staff Advisor. I. That the westerly access be deleted and that a second access be redesigned to be 24' in width, that it be located at the southeast corner of the subject property at FINDINGS, CONCLUSIONS AND ORDERS - 3 Williamson Way, thus eliminating the second access on Hersey Street. J. That provisions be made in the dumpster areas for the recycling of newspapers, cardboard, glass, metal and other waste recycled by the Ashland Sanitary Service. K. That the parking along the western portion of the development be screened with vegetation and that a fence be placed on the west property line and between the apartment complex and the E-1 subdivision to the South along Williamson Way. L. That the Applicant mitigate dust construction as per Public Works Guidelines. during M. That a pedestrian and bicycle path access to Hersey Street be constructed at the southwest corner of the property. N. By acceptance of this Planning Action Applicant agrees that the City Council shall control access of the subject property to and from Williamson Way. This Agreement shall run with the land and shall be binding upon the current owners and their heirs and assigns. Applicant shall reimburse the City any costs for installing a breakaway gate, bollards or other barriers at Williamson Way incurred by the City within five years from the date hereof. Therefore, based on the foregoing Findings, and upon the proposal being subject to each of the conditions set forth above, the appeal of Planning Action No. 89-095 is denied, and the decision of the Planning Commission, as modified herein, is affirmed. DATED this 3rd day of October, 1989. Nan Franklin City Recorder athy Go~en Mayor FINDINGS, CONCLUSIONS AND ORDERS - 4