HomeMy WebLinkAbout2005-253 Findings - Crowson Business Ctr.
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
July 19, 2005
IN THE MATTER OF PLANNING ACTION #2005-008, A REQUEST FOR )
ANNEXATION OF A 1.6 ACRE PARCEL LOCATED AT 593 CROWSON ) FINDINGS,
ROAD. THE REQUEST INCLUDES A COMPREHENISVE PLAN AND ) CONCLUSIONS
ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL ) AND ORDERS
RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING E-l (EMPLOYEMENT) )
WITH THE PORTION OF THE PARCEL ADJACENT TO CROWSON ROAD )
INCLUDED IN THE DETAIL SITE REVIEW ZONE AND RESIDENTIAL )
OVERLA Y (R-Overlay). )
)
APPLICANT: Crowson Business Center LLC )
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RECITALS:
1) Tax lot 500 of 391E14D is located at 593 Crowson Road and is proposed to be zoned E-l
(Employment). The southern portion of the parcel parallel with Crowson Road as shown on the attached
map will be located in the Detail Site Review Zone and Residential Overlay (R-Overlay).
2) The proposal involves a request for Annexation of a 1.6 acre parcel and a Comprehensive Plan and
Zoning Map change from Jackson County zoning Rural Residential (RR-5) to City of Ashland Zoning
Employment (E-l). 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 18.10(, 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 detelmined 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,
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 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, floodplain corridor lands, or slopes
greater than 35%, shall not be included.
G. For all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industriall,mds with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501(3)(c)) affordable housing developer or comparable Developmt::nt Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer.
Ownership of the land shall be transferred to the affordable housing developer or Development
Corporation prior to commencement of the project.
The total number of affordable units described in this section G shall be determined by rounding down
fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used
to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties
providing affordable units as part of the annexation process shall qualify for a maximum density bonus
of 25 percent.
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-l 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.
4) The City Council, following proper public notice, held a Public Hearing on June 7, 2005 and July 19,
2005, 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 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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
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 designation indicated on the
Ashland Comprehensive Plan, while the proposed office, light manufacturing and residential uses
are allowable uses 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 property line adjacent to Benson
Way.
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 ellectricity 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.
Sewer, water and electric service will be extended to and through the project. Water and sewer main
lines are located in the Benson Way right-of-way. City water is adjacent to the property in the
Benson Way right-of-way. City sewer is in place north of the site in Benson Way and the sewer line
will be extended to serve the property. City storm drain facilities are existing in Benson Way and
will be extended to and through the site.
E. Adequate transportation can and will be provided to and through the subject property.
Transportation to the property is by way of Crowson Road and Benson Way. Crowson Road
will be improved to the City of Ashland standard for an A venue along the property frontage.
The Crowson Road improvement includes bringing the street up to the city standard from the
center line towards the property, for the length of the parcel's frontage. In addition, the
improvement includes a travel lane, bike lane, installation of curb and gutter, a planting strip
with street trees, street lights and a sidewalk. Benson Way is an improved eity street which is
classified as a Neighborhood Commercial Collector. Parkrows and sidewallks are not in place
along the property frontage, and will be installed to the Ashland Street Standards. Additionally,
a sidewalk will be installed in the right-of-way to the north of the property connecting the
existing sidewalk on Benson Way to the subject property. The Rogue Valley Transportation
District (RVTD) has predicted bus service may be a possibility in this area, but will be a
minimum often years in the future. As a result, a pad for a future bus stop has been located
between the sidewalk and curb on the Crowson Road frontage.
F. F or all residential annexations, a plan shall be provided demonstrating that the development
of the 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 annexations with a density or potential density offour residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifYing buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifYing buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifYing buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifYing buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer.
Ownership of the land shall be transferred to the affordable housing developer or Development
Corporation prior to commencement of the project.
The total number of affordable units described in this section G shall be determined by rounding
down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument,
shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years. Properties providing affordable units as part of the annexation process shall qualifY for a
maximum density bonus of 25 percent.
The proposal includes three residential units in the building adjacent to Crowson Road, and therefore
is not subject to this section. The applicant's original concept did not include a request for the
Residential Overlay, nor did it include residential units. The proposal was amended to include three
residential units in response to concerns regarding the transition from light industrial development
on the north side of Crowson Road to the single-family existing and future development on the south
side of Crowson Road. The area on the opposite (south) side of Crowson Road is in the Ashland
Urban Growth Boundary and is identified as Single-Family Residential.
H. One or more of the following standards are met:
2. The proposed lot or lots will be zoned E-l or C-l 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.
The proposed parcel will be zoned E-l. At its meeting of March 8, 2005 the Planning
Commission approved a Site Review application to develop a business complex for office
and light manufacturing uses including the construction of four buildings and the conversion
of the existing house. Additionally, the building adjacent to Crowson Road will include
three residential units in the second story. The Planning Commission also approved a Tree
Removal Permit to remove six trees on the site.
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 # 2005-008. The following are the conditions and
they are attached to the approval:
I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) A boundary survey and a written description of the property boundaries including the Crowson
Road right-of-way shall be submitted for review and approval prior to completion of the annexation.
3) That the applicant agrees to construct the project in accordance with the approved plan and City
ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed waiver
shall be submitted to the City of Ashland Legal Department for review and approval prior to signature
of the boundary survey, or adoption of a resolution or ordinance formally annexing the property.
4) That full City services, including but not limited to water, sewer and storm water mains and
electric service, shall be extended to the southern boundary of the project (i.e. Crowson Road).
Engineered plans for all improvements shall be submitted for review and approval of the Ashland
Engineering prior to installation. That the engineered plans shall include but are not limited to: 1) the
Crowson Road improvements to City of Ashland Street Standards including pavement overlay,
pavement extensions, bike lane and curb and gutter, parkrow, street lights and sidewalk, 2) the Benson
Way improvements to City of Ashland Street Standards including sidewalk connection between the
existing sidewalk north of the site to the proposed development, and planting strip, street lights and
sidewalk along the property frontage, and 3) the public utility extensions. That all required street
improvements and public utility extensions shall be installed or fully bonded for in accordance with City
requirements prior to adoption of a resolution annexing the property.
5) That the necessary area for street improvements shall be dedicated as public street right-of-way.
The right-of-way dedication shall include the area necessary for retaining walls to be installed with the
street improvements. That the right-of-way dedication shall be submitted for review and approval of the
Ashland Planning and Engineering divisions, and the dedication shall be surveyed and recorded as
necessary prior to adoption of a resolution annexing the property.
6) That the applicant shall comply with the agreement with the neighboring property owners, Cody
and Laurel Bustamante, presented by the applicant at the July 19,2005 Ashland City Council meeting.
CITY OF ASHLAND, OREGON
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