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HomeMy WebLinkAbout1993-077 Findings - Teitelbaum BEFORE THE ASHLAND CITY COUNCIL September 21, 1993 IN THE MATTER OF PLANNING ACTION #92-009, REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY ST. APPLICANT: ALBERT TEITELBAUM FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 2303 of 391E 4CB is located at 284 Hersey and is zoned R-3; High Density Multi-Family Residential. 2) The applicant is requesting an extension of a previously approved site review to construct a 26-unit condominium complex. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval of a Site Review are found in Chapter 18.72 and are as follows: Ail applicable City ordinances have been met or will be met by the proposed development. Be Ail requirements of the Site Review Chapter have been met or will be met. Ce The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. De That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on June 8, 1993, at which time testimony was received and exhibits were presented. The Planning Commission denied the extension request. 5) The City Council, following proper public notice, held a Public Hearing on August 3, 1993 after an appeal was filed in a timely manner by the applicant. At the public hearing, testimony was received and exhibits were presented. The Council continued the hearing until September 3, 1993 allowing the applicant an opportunity to provide a modified proposal. Following proper public notice, the City Council continued the public hearing on September 3, 1993, at which time they reviewed the revised plan and approved the application, subject to the conditions attached in the Planning Director's memo. Now, therefore, Ashland City Council 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 "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an 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 Reports, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal to construct a 26- unit condominium complex meets the criteria for site review approval found in Chapter 18.72. 2.3 The city Council finds that all applicable city ordinances have been met by the proposed development. Setback, lot coverage, bicycle parking and density requirements of the zoning district have been met. The base density for the parcel is 19.5 dwelling units. The applicant has been granted a 40 percent density bonus for affordable housing and energy efficient design. 2.4 The city Council finds that the project complies with the requirements of the Site Review chapter, as well as with the site design standards adopted by the City Council. Pedestrian access is provided from the street to each unit. Eight percent of the total lot area has been dedicated as outdoor recreational space, and is provided in the form of a landscaped courtyard. In addition to the courtyard area, each unit will have a 63 square foot concrete patio. A landscaping plan has been submitted which shows the placement and size of all plantings, and the layout of the irrigation system. Further, the Council finds that the revised plan as submitted by the applicant at the September 3, 1993 public hearing addresses the site design standards requiring that the structures be oriented towards the street. The relocation of one unit to the front street area of the parcel complies with this requirement. The unit will have its primary orientation toward Hersey Street, including a small porch over the front door. 2.5 The City Council finds that adequate capacity of city services exists to accommodate this proposal, city sewer, water and electricity are located adjacent to the site and are sufficient to serve the development. The proposal has access onto Hersey Street, which is a paved arterial with adequate capacity to accommodate the approximately 156 vehicle trips estimated to be generated by the project. Storm drainage from the parking area and from rooftops will be collected on-site and directed by underground pipe to the drainaqe ditch along the railroad tracks. Also, each unit will be equipped with an automatic residential fire sprinkler system. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal to construct a 26-unit condominium complex is supported by evidence contained in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #93-067. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-067 is denied. 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) That the requirements of the Ashland Fire Department be complied with, including the installation of an automatic residential fire sprinkler system in each unit. Requirements are as included in the Fire Department memo of July 23, 1993. 3) That a storm drainage plan for parking area be reviewed and approved by the City Engineering Division prior to issuance of a building permit. 4) That a water line and meter plan for city water service be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate water service. 5) That a sewer line plan be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate sewer service. 6) That a revised landscaping plan indicating the layout of the irrigation system be submitted for review and approval by the Staff Advisor prior to the issuance of a certificate of occupancy. Revised plan to include evergreens planted between the units and the parking area (to reduce the glare from headlights and help to break up the building facade), large canopy shade trees located along the west side of the parking lot and additional conifers situated at the rear by the railroad tracks to provide screening year round. Revised plan to also include additional trees along the revised entryway, near the sidewalk area. Plans to be reviewed and approved by the Staff Advisor prior to installation and issuance of certificate of occupancy for the units. 7) That 26 sheltered bicycle spaces be installed to the standards outlined in 18.92.040 (I) prior to the issuance of a certificate of occupancy. 8) That a berm or sound wall (minimum 2" solid wood or equivalent) be constructed along property ~ine abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6'10" above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 dBA during the passage of an average train. 9) That a recycling area be provided for the residents of the development. 10) That the parking area be paved, striped and wheel stops installed prior to the issuance of certificate of occupancy. 11) That the landscaping be installed as per the approved plan prior to issuance of a certificate of occupancy. 12) That all trash receptacles be screened by site obscuring fencing material. 13) That a blanket easement on the property for electric utilities be provided. Easement to be provided .in buildings for wiring. Owner responsible for excavating, backfilling, compaction, providing protection for transformer and installation of pull boxes. Transformer location to be approved by the city Electric Department. 14) That the parking area be adequately screened by a 6' high solid wood fence. Screening to be installed along the eastern side of the parking area. Further, that fencing be provided along the western property line near the entrance, screening the driveway from the adjacent property owner. 15) That a 4' wide concrete walkway be provided from Hersey Street to the entrance of all units. 16) That the relocation of the irrigation ditch be done to the approval of the Watermaster and the Director of Public Works and that a public utility easement to be granted along the new route of the relocated irrigation line. 17) That a sidewalk be installed along the Hersey Street frontage prior to the issuance of a certificate of occupancy. 18) That the applicant enter into an agreement with the City of Ashland guaranteeing that 25 percent of the residential units are affordable for moderate income persons in accord with the standards established byresolution of the Ashland City Council through procedures contained in such resolution. The City of Ashland will prepare the agreement to be signed prior to the issuance of a building permit. 19) That all residential units in the development comply with the Conservation Housing density bonus requirements referred to under section 18.88.040 B. 20) That color samples for all units be included at the time of a building permit, to be reviewed and approved by the Staff Advisor. The foregoing findings were duly ADOPTED this .'~_~:/~'~- .*~/~'-F--.~c~-' , 1993. / Nan E. Franklin city Recorder SIGNED and APPROVED this ~/~day of day of 1993. Catherine M. Golden Mayor