HomeMy WebLinkAboutAnnexing a Contiguous Area
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A
CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND
PROVIDING FOR AN EFFECTIVE DATE. (EL Y SCHLESS AND
KRISTA JOHNSON ANNEXATION, 3151 EAST MAIN STREET)
RECITALS:
A. ORS 222.125 permits the city to annex the property described in the attached
Exhibit A without an election and without a public hearing when all of the owners of
the property to be annexed and not less than 50% of the electors, if any, residing on
the property consent in writing to the annexation.
B. All of the owners of this property have consented in writing to the annexation.
There are no electors residing on the property.
C. The land use application for annexation has been heard and was approved with
findings and the order for annexation adopted by the city council on April 1, 2003.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City
of Ashland and is located in Jackson County, Oregon, and is proclaimed to be
annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this
Resolution.
SECTION 2. Upon the effective date of this resolution, the City Recorder, in
accordance with ORS 222.177, shall transmit to the Secretary of the State of
Oregon, a copy of this resolution, a copy of the Statement of Consent from the
landowner of the tract annexed and shall submit a copy of this resolution to the
County Assessor and County Surveyor of Jackson County, Oregon.
SECTION 3. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
~2.04.090 duly PASSED and ADOPTED this day of , 2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2004.
Alan W. DeBoer, Mayor
Reviewed as to form:
M W\--'. ~.
Mike Reeder, Assistant City Attorney
(C:\Documents and Settings\reedenn\Desktop\Annex resolution (Ely Schiess and Krista Johnson).wpd
A-(
EXHIBIT 'A'
ANNEXATION DESCRIPTION
A parcel of land, lying across a portion of the Southeast Quarter of Section II and the
Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon and being more particularly described as follows:
Beginning at the most southerly comer of that certain parcel of land described in
Document No, 97-24726, Official Records, Jackson County, Oregon, from which the
comer common to Sections 11, 12, 13 and 14 of said Township and Range bears South
150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North
500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North
390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South
50028' 00" West, 458,98 feet to the most westerly comer line of said parcel; thence
South 51 0 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence
along said southwesterly line, South 38043' 13" East, 210.02 feet; thence North 510 16'
47" East, 59.86 feet to the Point of Beginning.
April 19, 2004
flEG.ISTI!RED
'PROFESSIONAL
LAND SURVEYOR
h.G-.
OREGON
, JULY 2&. 1~90
STUART M. OSMUS
No. 2484
EacpI_ L 1/
A -2
Notice Is hereby given that a PUBLIC HEN<ING on the folloWing
request with respect to the ASHLAND LAND USE ORDINANCE will
be held before the ASHLAND CITY COUNCIL on April 1, 2003 at 7:00
p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street,
Ashland, Oregon.
The ordinance criteria .ppllcable k> this appllcation.re attached k> this notice. 0Ieg0n law
states that faHure 10 raise an objection concerning this .pp1Icat1on. either In person or by
_r. orla"ure lD provide suftIcIent specificity lD a1Iord the decision maker.n _nlty
lD responcllD the Issue. precI_ }<lUl" right of .ppeallD the Land Use Board of Appeals
(LUBA) on that Issue. Failure to spec;lIy wf1lch ordinance _non the objection Is based on
.Iso p-.des)OlI' right of appeallD LUBA on that _. Failure of the applicant k> .-
c0nstitutlonai or other Issues relating to proposed condlllons of .pproval wi1h sufficient
specificity to allow this Commission to respond to the Issue precludes an action for
damages In clrcun court.
A copy;of the appI~tion, a...,;uments and eviden;e relied upon by the applicant and
applicable criteria are available for Inspection at no cost and will be provided at
reasonable cost, If requested. A copy of the Staff Report wI1l be available for Inspection
....., days prior to the heanng .nd wlH be provlded .t reasonable cost. "requested. All
matec1als are available at the Ashfand Planning Department. City Hall, 20 East Main
Stree~ Ashland. Oregon 97520.
During the Public HearIng, the Ma}Of shan alloY./' testimony from the applicant and those
In ....ndance concarring this recjuea The Mayor shall have the right to limn the length
of testimony and require that comments be restricted to the applicable crtteria. Unless
there Is a eontinuance, If a participant so requests before the conclusion of the hearing,
the record shall remaln open for at least seven days after the hearing.
If you haYel questions or comments concerning this request, please feel free to contact
Susan Y.tes at the AshI.nd Planning Departme~ City Ha". at 541-052-2041. Our TTY
phone number Is 1-800-735-2900.
PLANNING ACTION 2002..089 Is a request for annexation of a 2.2 acre lot located at 3151 East Main Street.
Comprehensive Plan Designation: Employment; Zonlng:E-1; Assessor's Map#: 391E 12; Tax lot: 303.
APPLICANT Ely Schiess and Krista Johnson
A-3
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
April I, 2003
IN THE MATTER OF PLANNING ACTION #2002-089, A REQUEST FOR
ANNEXATION OF A 2.2 ACRE PARCEL LOCATED AT 3151 EAST MAIN
STREET. THE REQUEST INCLUDS A ZONING MAP CHANGE FROM
JACKSON COUNTY ZONING RURAL RESIDENTIAL (RR-5) TO CITY
OF ASHLAND ZONING EMPLOYMENT (E-I).
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
APPLICANT: Ely SchIess and Krista Johnson
-----------------------------------------------------------------------------------------------------------
RECITALS:
I) Tax lot 303 of 391El2 is located at 3151 East Main Street at and is proposed to be zoned E-I
(Employment).
2) The proposal involves a request for Annexation of a 2.2 acre parcel and a Zoning Map change from
Jackson County Zoning Rural Residential (RR-5) to City of Ashland Zoning Employment (E-I). The
tentative plat, site improvements and building elevations associated with the Planning Commission's
approval of a Site Review are on file at the Department of Community Development.
3) The criteria for approval for Annexation are described in section 18.106 as follows:
An annexation may be approved if the proposed request for annexation conforms, or can be made to conform
through the imposition of conditions, with the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation indicated on the
Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an
allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water treatment plant as determined
by the Public Works Department; the provision of electricity to the site as determined by the Electric
Department; urban storm drainage as determined by the Public Works Department can and will be
provided to and through the subject property. Unless the City has declared a moratorium based upon
a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide
for these facilities.
E. Adequate transportation can and will be provided to and through the subject property. For the
purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle,
pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed,
A~lf
along the full frontage of the project site to the nearest fully improved collector or arterial
street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-
street standard with a minimum 20' driving surface. The City may, after assessing the impact
of the development, require the full improvement of streets adjacent to the annexed area. All
streets located within annexed areas shall be fully improved to city standards. Where future
street dedications are indicated on the City's Street Dedication Map or required by the City,
provisions shall be made for the dedication and improvement of these streets and included
with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be
constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be
provided on or adjacent to the arterial street. Likely bicycle destinations from the project site
shall be determined and safe and accessible bicycle facilities serving those destinations shall
be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be
constructed. Full sidewalk improvements shall be provided on one side adjacent to the
annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided
as required by ordinance on all streets within the annexed area. Where the project site is
within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site
shall be constructed to extend and connect to the existing system. Likely pedestrian
destinations from the project site shall be determined and the safe and accessible pedestrian
facilities serving those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be likely to be
extended to the site in the future based on information from the local public transit provider,
provisions shall be made for the construction of adequate transit facilities, such as bus
shelters and bus turn-out lanes.
All required transportation improvements shall be constructed and installed prior to the issuance of a
certificate of occupancy for any new structures on the annexed property.
F. For all residential annexations, a plan shall be provided demonstrating that the development of the
entire property will ultimately occur at a minimum density of 90% of the base density for the zone,
unless reductions in the total number of units is necessary to accommodate significant natural
features, topography, access limitations, or similar physical constraints. The owner or owners of the
property shall sign an agreement, to be recorded with the county clerk after approval of the
annexation, ensuring that future development will occur in accord with the minimum density
indicated in the development plan. For purposes of computing maximum density, portions of the
annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes
greater than 35%, shall not be included.
G. For all residential annexations offour units or greater
I. 25% of the proposed units shall be affordable and available to qualifying buyers or renters
with incomes at or below 100% of median income; or
2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters
with incomes at or below 80% of median income.
The total number of affordable units required by this section shall be determined by rounding down
fractional answers, determined above, to the nearest whole unit.
A-s
Properties providing affordable units as part of the annexation process shall also qualify for a density
bonus for development under the Performance Standards Option for subdivisions.
H. One or more of the following standards are met:
I. The proposed area for annexation is to be residentially zoned, and there is less than a five-
year supply of vacant and redevelopable land in the proposed land use classification within
the current city limits. "Redevelopable land" means land zoned for residential use on which
development has already occurred but on which, due to present or expected market forces,
there exists the likelihood that existing development will be converted to more intensive
residential uses during the planning period. The five-year supply shall be determined from
vacant and redevelopable land inventories and by the methodology for land need projections
from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-I or C-I under the Comprehensive Plan, and that
the applicant will obtain Site Review approval for an outright permitted use, or special
permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary sewer or
water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary sewer
service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary sewer
service extended, connected, and in use, and a signed "consent to annexation" agreement has
been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by lands
within the city limits. (ORD 2792, 1997)
4) The City Council, following proper public notice, held a Public Hearing on April 1 , 2003, at which time
testimony was received and exhibits were presented. The Council approved the application subject to
conditions pertaining to the appropriate development of the site.
Now, therefore, the City Council ofthe City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHffirrS
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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
A-(,
SECTION 2. CONCLUSORY FINDINGS
2.1 The 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 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for
Annexation. The City Council makes the following findings with respect to the following approval
criteria:
A. The land is within the City's Urban Growth Boundary.
The property proposed for annexation is currently located within Ashland's Urban Growth Boundary
as designated on the Ashland Comprehensive Plan.
B. The proposed zoning for the annexed area is in conformance with the designation indicated
on the Comprehensive Plan Map, and the project, if proposed concurrently with the
annexation, is an allowed use within the proposed zoning.
The proposed zoning for the property, E-l, is consistent with the designations indicated on the
Ashland Comprehensive Plan, while the proposed light manufacturing business is an allowable use
in the district.
c. The land is currently contiguous with the present City limits.
The property is contiguous to the existing City Limits along the south property line.
D. Adequate City facilities for the provision of water to the site as detennined by the Public
Works Department; the transport of sewage from the site to the waste water treatment plant
as determined by the Public Works Department; the provision of electricity to the site as
detennined by the Electric Department; urban storm drainage as detennined by the Public
Works Department can and will be provided to and through the subject property. Unless the
City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is
recognized that adequate capacity exists system-wide for these facilities.
Sewer, water and electric service will be extended to and through the project. Water and sewer lines
are located in the East Main Street right-of-way adjacent to the parcel. The water line will be
extended across the full length of the property frontage. The sewer line is on the north side of the
street and currently is in place along the full length of the property frontage. Electric lines are
available directly to the south. Run-off from the development will be directed to an area to the rear
buildings and parking area. The storm water dispersion and treatment is required to be engineered
and constructed in accordance with the standards of the Ashland Public Works Department. In
addition, a direct discharge of storm drainage into Neil Creek requires a permit from the Oregon
Department of Environmental Quality (DEQ).
A-7
.,
E. Adequate transportation can and will be provided to and through the subject property
Street improvements are required upon annexation with the degree of improvement based upon the
street's location relative to the annexed area. In this case, East Main Street is currently improved to
Jackson County's standards. The pavement and travel lanes meet City of Ashland standards. A
bicycle lane, curb, planting strip and sidewalk will be installed along the property frontage so that the
street in this location meets the city standard.
F. For all residential annexations, a plan shall be provided demonstrating that the development
ofthe entire property will ultimately occur at a minimum density of90% of the base density
for the zone, unless reductions in the total number of units is necessary to accommodate
significant natural features, topography, access limitations, or similar physical constraints.
The owner or owners of the property shall sign an agreement, to be recorded with the county
clerk after approval of the annexation, ensuring that future development will occur in accord
with the minimum density indicated in the development plan. For purposes of computing
maximum density, portions of the annexed area containing undevelopable areas such as
wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included.
This section does not apply to Annexations involving commercial and industrial lands.
G. For all residential annexations of four units or greater:
I. 25% of the proposed units shall be affordable and available to qualifying buyers or
renters with incomes at or below 100% of median income; or
2. 15% of the proposed units shall be affordable and available to qualifying buyers or
renters with incomes at or below 80% of median income.
The total number of affordable units required by this section shall be detennined by rounding
down fractional answers, detennined above, to the nearest whole unit.
Properties providing affordable units as part of the annexation process shall also qualify for a
density bonus for development under the Performance Standards Option for subdivisions.
This section does not apply to Annexations involving commercial and industrial lands.
H. One or more of the following standards are met:
2. The proposed lot or lots will be zoned E-I or C-l under the Comprehensive Plan, and
that the applicant will obtain Site Review approval for an outright pennitted use, or
special permitted use concurrent with the annexation request.
The proposed parcel will be zoned E-l. At its meeting of February II, 2003 the Planning
Commission approved a Site Review application to construct two buildings, each 4,000
square feet in size, for light manufacturing use.
4--8
SECTION 3. DECISION
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, the City Council we approve Planning Action # 2002-089. The following are the conditions and
they are attached to the approval:
1) That all proposals of the applicant be conditions of approval unless otherwise modified here.
2) A boundary survey and a written description of the property boundaries including the East Main
Street right-of-way shall be submitted for review and approval prior to completion of the annexation.
3) That the amount, quantity and type of fill in the 100-year floodplain for Neil Creek shall be
detennined by an Engineer and a report submitted to the Ashland Planning Department prior to
completion of the annexation. If earth-moving activities involving more than 20 cubic yards have taken
place in the floodplain, a Physical and Environmental Constraints Pennit in accordance with Chapter
18.92 of the Ashland Land Use Ordinance shall be obtained prior to completion of the annexation. The
development on the parcel in the floodplain shall be brought into conformance with the requirements of
l8.62.070.A prior to completion of the annexation.
4) That the areas of raw material, rocks and fill dirt, that have been placed in the floodplain
throughout the back portion of the lot shall be removed prior to completion of the annexation.
5) That the application shall be reviewed by the Airport Commission prior to completion of the
annexation.
CITY OF ASHLAND, OREGON
By: Alan DeBoer, Mayor
Date
A-f