HomeMy WebLinkAbout2015-197 Findings - Verde Village PA#2015-00825 Dev Agrmt
BEFORE THE CITY COUNCIL
AUGUST 4, 2015
IN THE MATTER OF PLANNING ACTION 42015-00825, A REQUEST TO )
MODIFY THE DEVELOPMENT AGREEMENT FOR THE VERDE VILLAGE )
SUBDIVISION FOR THE PROPERTIES LOCATED AT 87 WEST NEVADA ST., )
811 HELMAN ST., AND 127 ALMEDA DR. PROPOSED MODIFICATIONS )
INCLUDE PARTITIONING THE PROPERTY TO BE CONSISTENT WITH THE )
APPROVED PHASING PLAN; ADJUSTING THE PROPERTY LINES FOR LOTS )
#349 AND #15417; MODIFYING EXHIBIT E, CONDITION #30 OF THE ) FINDINGS,
APPROVED DEVELOPMENT AGREEMENT AS IT RELATES TO THE ) CONCLUSIONS
CONSTRUCTION AND TIMING OF STREET IMPROVEMENTS FOR BOTH ) & ORDERS
PEROZZI STREET AND ALMEDA DRIVE; AND ADDING TWO CONDITIONS )
(#32 and #33) TO EXHIBITI E RELATING TO THE TIMING OF LANDSCAPING, )
IRRIGATION, AND OPEN SPACE IMPROVEMENT INSTALLATION. )
APPLICANT: URBAN DEVELOPMENT SERVICES FOR WILMA, L.L.C. )
RECITALS:
1) Tax lots 800, 1100 and 1400-1418 of Map 39 1 E 04B are located at the intersection of
Helman and Nevada Streets and are zoned Single Family Residential (R-1-3.5, R-1-5 and
R-1-7.5).
2) The proposal involves a request for a modification of the previously approved Verde
Village Subdivision for the properties located at 87 West Nevada Street, 811 Helman
Street and 127 Almeda Dr. The proposed modifications include partitioning the property
to be consistent with the approved phasing plan, to adjust the property lines for Lots #3-
49 and 915-417, and to modify Exhibit E, Condition #30 of the approved Development
Agreement as it relates to the construction and timing of street improvements for both
Perozzi Street and Almeda Drive. The site plan and detailed application materials are on
file at the Department of Community Development.
3) The criteria for Final Plan subdivision approval or modification from the Performance
Standards Options Chapter are detailed in AMC 18.3.9.040.13 as follows:
Approval Criteria for Final Plan. Final Plan approval shall be granted upon finding of substantial
conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate
the minor modifications from one planning step to another. Substantial conformance shall exist when
comparison of the outline plan with the final plan meets all of the following criteria.
a. The number of dwelling units vary no more than ten percent of those shown on the approved
outline plan, but in no case shall the number of units exceed those permitted in the outline plan.
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b. The yard depths and distances between main buildings vary no more than ten percent of those
shown on the approved outline plan, but in no case shall these distances be reduced below the
minimum established within this Ordinance.
C, The open spaces vary no more than ten percent of that provided on the outline plan.
d. The building size does not exceed the building size shown on the outline plan by more than ten
percent.
e. The building elevations and exterior materials are in conformance with the purpose and intent of
this ordinance and the approved outline plan.
f. That the additional standards which resulted in the awarding of bonus points in the outline plan
approval have been included in the final plan with substantial detail to ensure that the performance
level committed to in the outline plan will be achieved.
g. The development complies with the Street Standards.
h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space
provided that, if this is done for one phase, the number of dwelling units shall not be transferred to
another phase, nor the open space reduced below that permitted in the outline plan.
4) The criteria for Site Design Review are detailed in AMC 18.5.2.050 as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying
zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public
Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards: The approval authority may
approve exceptions to the Site Development and Design Standards of part 18.4 if the
circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; and approval of the exception will not substantially
negatively impact adjacent properties; and approval of the exception is consistent with the
stated purpose of the Site Development and Design; and the exception requested is the
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minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equally or better achieves the stated purpose of the
Site Development and Design Standards.
5) The City Council, following proper public notice, held a public hearing on July 21, 2015 at
which time testimony was received and exhibits were presented. Following the close of the
public hearing, the City Council approved the requested modifications including partitioning the
property to be consistent with the approved phasing plan; adjusting the property lines for Lots
#349 and #15-417; modifying Exhibit E, Condition #30 of the approved Development
Agreement as it relates to the construction and timing of street improvements for both Perozzi
Street and Almeda Drive, and adding two additional conditions to Exhibit E dealing with the
phasing of the installation of landscaping and irrigation (#32) and open space improvements
(#33).
Now, therefore, the City Council of the City of Ashland finds, concludes and orders 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 "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
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 modifications of the Development Agreement
for the Verde Village Subdivision including: partitioning the property to be consistent with the
approved phasing plan; adjusting the property lines for Lots #349 and #15-917; modifying
Exhibit E, Condition #30 of the approved Development Agreement as it relates to the
construction and timing of street improvements for both Perozzi Street and Almeda Drive, and
adding two additional conditions to Exhibit E dealing with the phasing of the installation of
landscaping and irrigation (#32) and open space improvements (#33); meets all applicable
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criteria for a modification of Final Plan approval described in Chapter 18.3.9.040.13 and for the
approval of Site Design Review described in Chapter 18.5.2.050. The City Council further finds
that the originally adopted findings for the Verde Village Subdivision and the associated
Development Agreement and its subsequent modifications shall remain in effect except as
specifically modified herein.
2.3 The City Council finds that that the Development Agreement requires in 21.2 that,
"Amendment... of this agreement shall be made by adoption of an Ordinance.... The procedures
and requirements for amendment... are the same as for approval of a Development Agreement,
currently notice and hearing before the Planning Commission with a recommendation from the
Planning Commission." The Council further finds that the Planning Commission conducted a
public hearing on the request at its regular meeting of July 14, 2015 and recommended that the
Council approve the request.
2.4 The City Council finds that the first proposed modification involves partitioning the
property to be consistent with the approved phasing plan. The application materials provided
explain that the proposed modification would legally separate the subdivision's two already-
approved phases in order to obtain project financing for Phase I, as illustrated on the application
Sheet 41 Minor Modification Plan. Phase I could then be sold to a third party whereas Phase II
would remain under the original applicants' ownership. Once the initial partition plat is
recorded, construction financing to complete the necessary utility infrastructure, including both
public and private streets within Phase I would be installed. Once the public street's
infrastructure is complete and prior to any vertical construction, the subdivision's Phase I plat
would be recorded and house construction within Phase I could occur. The application
emphasizes that the ultimate number of lots in the development does not increase or decrease
with the proposal, and that the modification proposed simply allows the already approved phases
to be separated so that they can be sold to obtain financing and develop each according to the
approved Development Agreement.
The application further notes that the proposed modification would correct an omission that
occurred during the original platting of the Rice Park Townhomes from the larger subdivision.
The application explains that Lot #25 is technically part of the Phase I area but when the
northern portion of Almeda Drive was dedicated to the city, this parcel appears was separated.
In reviewing the original treatment of Lot #25 in Planning Action #2008-01853, the Council
finds that Lot #25 was included in the Final Plan approval for Phase I of the subdivision which
also included Site Review approval for the 24 cottages, and it appears that with dedication of the
right-of-way for Almeda Drive and Perozzi Street to the city, Lot #25 inadvertently became a
separate tax lot. However, condition #9j of the Phase I final plan approval made clear, The
single family lot (Lot 425) in Phase I and all single family units in Phase H shall be included in
the homeowners' association and subject to all subdivision requirements."
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The City Council finds that there are no significant issues with the partitioning of the property to
reflect the two approved phases and allow them to be sold to obtain financing and move the
originally approved development forward. With regard to Lot 925, the Council finds that it is
important to make clear that it is to remain part of Phase I, and to be included in the
homeowners' association and subject to the CC&R's and all subdivision requirements as
originally required in the final plan approval.
2.5 The City Council finds that the application also requests to modify the property lines
located at the side and rear of Lots #3-9 and 415-17, adjacent to the existing residences within
the Quiet Village Subdivision. The application emphasizes that the landscaping plan and house
footprints are to remain as is, however the yard areas around the cottages are proposed to become
private landscaped yard areas. The application explains that the adjustment as proposed will not
reduce the available land originally set aside as open space, which will remain unchanged.
In addition, the application notes that due to the style of the subdivision with multiple integrated
and shared amenities such as shared private sidewalks, open parking spaces, open common areas,
shared garden beds, etc., the applicants are also requesting some flexibility with regard to the
timing of each home's landscaping and irrigation installation in order to avoid damage and
unnecessary expense. The applicants explain that in a typical subdivision where each unit abuts
on a public street, construction can be staged from the street or the private lot and the home's
landscaping, irrigation and sidewalks are installed prior to occupancy. However, as proposed
here, staging and construction may need to occur from a shared common area that could damage
landscaping and irrigation if the units were built at different times. The applicants are therefore
asking that a new condition (#32) be added to the Development Agreement stating, "That prior
to the issuance o_f a Certificate of Occupancy for any particular unit, the landscaping and
irrigation plan as identified in Exhibits CL-1 and CL-2 shall be installed for that particular unit.
However, at the written request of the applicants, the Staff Advisor may allow for a temporary
Certificate of Occupancy if it is determined that particular unit's landscaping is likely to be
damaged during construction of the adjacent unit. If a temporary Certificate of Occupancy is
granted by the Staff Advisor, the applicants shall post a Performance Guarantee bond issued by
a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a
survey or financial institution acceptable to the City, cash or other form of security acceptable
by the Staff Advisor. At the lime of the adjacent units Certificate of Occupancy, the landscaping
and irrigation for the original unit shall be completed and Performance Guarantee returned or
cancelled."
The applicants also explain that they intend to complete the majority of the private street's
infrastructure within the initial phase of construction, including the adjoining curbing, lighting
and parking lot striping. However, some areas likely to be damaged by heavy equipment
including private paths and some curbs are proposed to remain temporarily unfinished to allow
for equipment access. The application indicates that prior to occupancy of 50 percent of the
units, 50 percent of the open space area shall be complete as approved and prior to completion of
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100 percent of the units, 100 percent of the open spaces within Phase I, including any remaining
private walkways and curbs adjacent to the private street or elsewhere within the first phase of
the development and any remaining land landscaping or irrigation will be completed. The
application concludes that this proposed modification will not increase or decrease the number of
parcels, alter the subdivision boundaries or change building locations, sizes or envelopes, and
only involves adjustments to the lot lines for a portion of the lots to improve the homes'
livability for future occupants.
The City Council finds no significant issues with allowing the requested adjustment of property
lines for these units or the allowance for some flexibility in the timing of completion of
landscaping and irrigation improvements to allow for the construction of adjacent units.
However, the Council finds that there needs to be a clearer correlation between the completion of
the individual open space areas and the units surrounding them, and the Council accordingly
finds that the applicants' proposal must be modified somewhat to require that the open space
areas and associated common improvements between units 41-3, units 94-13, and 914-20 be
completed with the completion of each cluster of units; language to this effect is reflected in the
modified Condition 433 below.
2.6 The City Council finds that the existing Condition 930 reads as follows:
30) Phasing. That Phase I and Phase II refer to specific portions of the development, and the
applicants shall have the ability to construct Phase II prior to Phase I, or to construct
both phases at the same time. If the project is built in a single phase, 24 lots (50 percent
of the total number of lots in Phase I and Phase 11) would need to meet the timetable for
Phase I. If the project is built in phases, whichever phase is constructed first shall
include: the construction of Almeda Drive from its current terminus out to Helman
Street, and the construction of Perozzi Street (formerly 'Canine Way') from Almeda
Drive to the Dog Park. Both streets shall be completed according to the approved plans
(including paving, curbs, gutters, sidewalks and parkrow planting strips with street trees
on both sides), inspected and approved prior to the construction of any homes for
either phase.
The City Council further finds that the applicants propose that this condition be modified to read
as follows:
30) Phasing. That Phase I and Phase 11 refer to specific portions of the development, and the
applicants shall have the ability to construct Phase II prior to Phase I, or to construct
both phases at the same time. If the project is built in a single phase, 24 lots (50 percent
of the total number of lots in Phase I and Phase 11) would need to meet the timetable for
Phase I. If the project is built in phases, whichever phase is constructed first shall
include: the construction of Almeda Drive from its current terminus out to Helman
Street., and the construction of PeFGZZO StF et (f Fly 'Canine Way'), 4 AlFneda
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paving, plans (inelluding / gutteFS, sidewalks and parkrew planting Strips with
heffles r eitherphase. If completed in phases, Almeda Drive shall be completed
according to the approved plans, but allowed to be constructed to a %2 street + 12' street
standard which includes paving, curbs, gutters, sidewalks and parkrow planting strips
with street trees on the phased side, with the street's remaining paving, curbs, gutters,
sidewalks and parkrow planting strips and street trees to be built with the remaining
phase.
Perozzi Street from Almeda to the Dog Park, shall be constructed with Phase II according
to the approved plans (including paving, curbs, gutters, sidewalks and parkrow planting
strips with street trees on both sides), inspected and approved prior to the construction
of any home. If Phase I is completed first, temporary street connections to both the Dog
Park and Rice Park Townhomes shall be completed in the Preliminary Layout, Thornton
Engineering, Sheet 2.
The application emphasizes that this modification would not alter the approval, but would
instead clarify or address elements of real estate planning that are necessary to obtain real estate
financing and provide a more logical infrastructure timeframe. If both streets were required to be
completed with Phase I as currently conditioned, it would necessitate the installation of all
necessary utility infrastructure for Phase II in the street corridor before completing the street
improvements, and would burden the first phase financially to a degree that obtaining project
financing could be difficult or impossible to obtain, compromising the ability to complete the
subdivision.
The Council finds that the basis for the current Condition #30 was to insure both that city
standard street improvements would be installed as approved and that paved access to the Rice
Park affordable housing and Dog Park would be provided so that neither was in the position or
relying on limited, temporary access measures should a second phase be delayed.
The Council further finds that a phased installation of street improvements is consistent with city
standards and in keeping with the original approval, however the description of a `half-street plus
12 feet' is somewhat confusing as a half-street improvement has typically meant sidewalks, park
rows, curbs, and gutters on one side, with at least 20 feet of paving. An additional 12 feet of
paving would approach the originally approved full paved width of the street. Given the
potential length of time provided in the Development Agreement for completion of the project,
drainage and maintenance issues, and the need to accommodate required on-street parking and
circulation for the subdivision, park and surrounding neighborhood, the Council recommends
that the improvement be the full paved width of the street, with curbs on both sides of Almeda
Drive for its full extent (unless the Public Works Director will accept an alternative curb
treatment on the Phase H side) with sidewalks, parkrows and street trees to be completed on the
other side with the second phase. Language to this effect has been added in the conditions
below, modifying the applicants' proposed language for Condition #30.
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The Council similarly finds that the proposed paved driveway connection from the new
installation of Almeda Drive to the current Dog Park access drive and the connection between
this access and the Rice Park driveway to provide ingress, egress and emergency vehicle access
address the underlying intent of the original condition. However, the Council finds that the
Municipal Code requires a width of at least 20 feet for driveways serving seven or more parking
spaces to accommodate the potential for two-way traffic as well as emergency vehicle access,
and the Council has accordingly required that the paved width be increased to a minimum of 20
feet in the condition language below.
The Council further finds that the original land use approval included the original applicants
being responsible for utilities which were connected through both phases and served adjacent
properties as well, including the undergrounding of an existing overhead three-phase electrical
line which also feeds the city's wastewater treatment plant, and there is the potential that the
infrastructure installation associated with Phase I may trigger some utility improvements which
go beyond its boundaries. The applicants have been made aware of this issue and advised to
coordinate with the utility providers. Final engineered utility plans were under review some time
ago detailing the required infrastructure improvements, however these plans never received final
approval before the development stalled, and the Council accordingly finds that revised
engineered drawings clearly detailing the subdivision improvements necessary, and proposed
phasing of their installation, shall be resubmitted for final review.
SECTION 3. RECOMMENDATION
3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the
application for modification of the Development Agreement for the Verde Village Subdivision including
partitioning the property to be consistent with the approved phasing plan; adjusting the property lines for
Lots #349 and #15417; modifying Exhibit E, Condition #30 of the approved Development Agreement
as it relates to the construction and timing of street improvements for both Perozzi Street and Almeda
Drive, and adding two additional conditions to Exhibit E dealing with the phasing of the installation of
landscaping and irrigation (#32) and open space improvements (#33); has satisfied all relative
substantive standards and criteria and is supported by evidence in the record.
The Verde Village project envisioned a unique mix of housing types and energy conserving housing that
Ashland has not seen before in a subdivision, and included connectivity improvements to better serve
the now constructed affordable housing in Rice Park, the Dog Park, the Bear Creek Greenway and the
surrounding community. The merits of the project remain years following its approval and it is
unfortunate that the economic downturn of the "Great Recession" has jeopardized realization of the
applicants' original vision for the development. The Planning Commission and Council have previously
expressed support for modifications of the approved timetable of development to give the applicants as
much opportunity as allowed under city and state regulations to make the project happen, and the
Council is pleased that there is renewed interest in moving the project forward. The Council is
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supportive of the modifications proposed, and accordingly approves the request subject to the following
conditions:
1) All conditions of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2) All conditions of the previous land use approvals and the approved Development Agreement and
subsequently approved modifications shall remain conditions of approval unless otherwise
specifically modified herein, including but not limited to the requirement that safe and free
public access, and associated temporary public access easements, to the Dog Park and Bear
Creek Greenway be maintained during development; that the single-family zoned Lot #25 in
Phase I shall be included in the homeowners' association and subject to the CC&R's and all
subdivision requirements as required in the original Final Plan approval; and that the final
engineered drawings detailing the installation and phasing of public utility and street, sidewalk
and private drive improvements shall be approved prior to the issuance of an excavation permit
or commencement of any construction.
3) That the wording of the existing Condition #30 of the Development Agreement's "Revised
Revised Exhibit E, Verde Village Special Conditions" shall be modified to read as follows:
Phasing. That Phase 1 and Phase 11 refer to specific portions of the development, and the applicants shall
have the ability to construct Phase 11 prior to Phase 1, or to construct both phases at the some time. If the
project is built in a single phase, 24 lots (50 percent of the total number of lots in Phase 1 and Phase 11)
would need to meet the timetable for Phase 1. If the project is built in phases, whichever phase is
constructed first shall include: the construction of Almeda Drive from its current terminus out to Helman
Street., '
approved prier Genstmetion of any homes for- either- ph-use. If completed in phases, Almeda
Drive shall be completed according to the approved plans, but allowed to be constructed to 0:4 eet
22' rt-^^" rtrindard "i^" inchode include full-width paving, curbs and gutters on both sides (unless
an alternative curb and gutter treatment on the Phase 11 side is approved by the Public Works
Director sidewalks and parkrow planting strips with street trees on the phased side, with the street's
remaining i9eving, euFb , ,...**R s, sidewalks and parkrow planting strips and street trees to be built
with the remaining phase.
Perozzi Street from Almeda to the Dog Park, shall be constructed with Phase 11 according to the
approved plans (including street signs, paving, curbs, gutters, sidewalks and parkrow planting strips
with street trees on both sides), inspected and approved prior to the construction of any home. If
Phase 1 is completed first, temporary street connections to both the Dog Park and Rice Park
Townhomes shall be completed in the Preliminary Layout, Thornton Engineering, Sheet 2. These
temporary connections shall be a minimum of 20 feet in width to accommodate two-way traffic and
emergency vehicle access.
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4) That a new Condition #32 be added to the Development Agreement's "Revised Revised Exhibit E,
Verde Village Special Conditions" to read as follows:
That prior to the issuance of a Certificate of Occupancy for any particular unit, the landscaping and
irrigation plan as identified in Exhibits CL-1 and CL-2 shall be installed for that particular unit. However,
at the written request of the applicants, the Staff Advisor may allow for a temporary Certificate of
Occupancy (not to exceed 18 months) if it is determined that particular unit's landscaping is likely to be
damaged during construction of the adjacent unit. If a temporary Certificate of Occupancy is granted by
the Staff Advisor, the applicants shall post a Performance Guarantee bond issued by a surety authorized
to do business in the State of Oregon, irrevocable letter of credit from a survey or financial institution
acceptable to the City, cash or other form of security acceptable by the Staff Advisor. At the time of the
adjacent units Certificate of Occupancy, the landscaping and irrigation for the original unit shall be
completed and Performance Guarantee returned or cancelled.
5) That a new Condition 433 be added to the Development Agreement's "Revised Exhibit E, Verde
Village Special Conditions" to read as follows:
That the open space areas and associated common improvements between units #1-3, units #4-13, and
#14-20 shall be completed prior to the issuance of a final occupancy permit for the final unit in each
cluster, and prior to completion of 100 percent of the units, 100 percent of the open spaces within
Phase f, including any remaining private walkways and curbs adjacent to the private street or elsewhere
within the first phase of the development and any remaining land landscaping or irrigation will be
completed.
/IS
Mayor Date
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