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HomeMy WebLinkAbout1993-114 Findings - Seitz BEFORE THE ASHLAND CITY COUNCIL November 2, 1993 IN THE MATTER OF PLANNING ACTION #90-057, A REQUEST FOR REVISIONS AND APPROVAL OF AN OUTLINE PLAN FOR A 4-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED ON GRANITE STREET NEAR THE INTERSECTION OF GRANITE AND SOUTH PIONEER STREETS. REVISIONS ARE IN ACCORD WITH MEDIATED SETTLEMENT AGREED TO BY THE INVOLVED PARTIES. REQUEST ALSO INVOLVES A VARIANCE TO WAIVE THE INSTALI2%TION OF A SIDEWALK ALONG THE NEW STREET. APPLICANT: GARY AND DIANE SEITZ FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot 900 of 391E 08DD is located near the intersection of Granite and South Pioneer Streets and is zoned Single Family Residential, Rural Residential, and Woodland Residential. 2) The applicant is requesting revisions and approval of an Outline Plan for a 4-lot subdivision. The applicant had received approval of a 5-lot subdivision by the Ashland City Council in September, 1990. After a long series of appeals and court decisions, the decision of the City was reversed by LUBA and the action was returned to the city Council. The only issue involved with the reversal involved the length of the new cul-de-sac. The applicant requested that a revised plan, with a shortened street be accepted. Further, the applicant, surrounding neighbors, and the city of Ashland, entered mediation in an attempt to resolve other issues not fully addressed under the appealed action. A settlement agreement was reached and signed by all of the involved parties on October 5, 1993. 3) The city Council, following proper public notice, held a Public Hearing on November 2, 1993, at which time testimony was received and exhibits were presented. The City Council approved the application as presented subject to conditions pertaining to the appropriate development of the site. Now, therefore, the 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 Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the revised application, as submitted, is in accord with all ordinance requirements in effect at the time of the original application. 2.3 The City Council finds that the application for a variance from the sidewalk requirements, as outlined and justified in the Staff Report, Addendum V, meets the criteria for approval. 2.4. The City Council finds that the settlement agreement reached is appropriate and is made a part of this decision. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the request for Outline Plan approval for a 4-lot subdivision and variance from the sidewalk requirements is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #90-057. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action ~ 90-057 is denied. The following are the conditions and they are attached to the approval: 1) That a 10' wide pedestrian easement be dedicated to the City of Ashland along the irrigation ditch. Pedestrian easement to be shown on Final Plan and recorded on the survey plat. 2) That building envelopes be presented on the Final Plan. 3) That all requirements of the Fire Department concerning hydrant improvements be met. 4) That a final erosion control plan be submitted at the time of Final Plan, addressing the interim and permanent measures associated with the development of the new street, driveways and home construction. Plan to include the use of terracing and rock walls on cut slopes and netting and re-vegetation on the fill slopes, with provisions for irrigation and maintenance. 5) That a final tree management plan be submitted at the time of Final Plan, addressing the removal of trees during street construction, driveway construction, and home building. All trees outside the street right-of-way and building envelopes shall be clearly marked on a map and on site for review and approval by the Staff Advisor and Tree Commission. Consideration shall be given to erosion control and wildfire potential. 6) That all new structures have non-combustible roofing material and comply with the wildfire land requirements of 18.62.090. Such requirements to be included in the CC&R's. 7) That all requirements of the Electric Department be met, including locating a transformer, if required. 8) That all easements for sewer, water, electric, and slopes be provided as required by the city of Ashland. 9) That a drainage plan be submitted for review and approval by the Public Works Department, specifically addressing the storm water drainage. 10) That a street plug be maintained along the north side of the new street where it abuts private property. 11) That no driveway exceed a slope of 20 percent or that stipulated by the building code, whichever is more restrictive. 12) That the finished street grade shall be consistent with the requirements of ALUO subsection 18o88.050(B). The Ashland Public Works Department shall examine the engineering construction plans for the project to determine that finished street grades are consistent with the cited standards. The grades will also be checked and certified by the department on the site following rough grading of the road. Costs incurred by the city to check street grades shall be paid by the applicant. 13) That the proposed street name be unique within the City of Ashland and not readily confused with another street existing within the City. Such proposed street name to be reviewed and approved by the Public Works Director prior to signature of the final survey plat of the subdivision by the City of Ashland. 14) That the applicant provide a Fire Prevention and Control Plan as outlined in 18.62.090 of the Physical and Environmental Constraints ordinance as part of the final plan application. 15) That residential sprinkler systems be installed in each of the 4 residential homes proposed for the subdivision. Systems to be reviewed at the time of building permit issuance. 16) That the issues agreed to in the Settlement Agreement of October 5, 1993, attached and made a part of this decision, shall remain valid and a part of this approval as attached conditions. Nan E. Franklin City Recorder SIGNED and APPROVED this ~ day of Catherine M. Golden Mayor SETTLEMENT AGREEMENT Planning Action 90-057 October 5, 1993 The City of Ashland, Gary and Diane Seitz, John and Jean Sully, Carl and Rosalie Oates, Dennis and Linda Friend, Roger and Linda Floyd, and Marcia Van Dyke have reached the following agreement: 1) A four (4) lot subdivision shall be developed as shown on the attached "Optional Plan" dated August 4, 1993, Sheet No. 1AX. The recorded final subdivision plat, and any deed to the respective lots, shall contain a restriction against further partitioning or subdividing of Lots 1, 2, 3 or 4, or any one or more of them. 2) A landscaped buffer zone will be created as shown on the attached "Optional Plan" and in addition along the South side of Diane's Hill Street from Granite Street and along the adjacent existing lot, with said buffer zones to be determined in coordination between the concerned parties. Existing trees within proximity of the property line shall be retained to the maximum extent feasible, and in agreement with the concerned parties. 3) The parties acknowledge and agree that the attached "Optional Plan" does not include a sidewalk on the proposed public street, and the City Planning Department has agreed to pursue a variance for this, as part of the subdivision approval. Likewise, the Seitzes and the City shall cooperate in the installation of unobtrusive lighting, that meets City requirements for the lighting of public streets, while minimizing to the extent possible the negative visual impact and glare onto neighboring properties. 4) All fill resulting from the building of the road and cul- de-sac shall be placed at a slope between 1-1/2:1 and 2:1, with appropriate permanent vegetative erosion control. 5) The City agrees to hold a public forum regarding infrastructure of water, sewer, and repairing of Granite Street. The intent of this forum is educational rather than adversarial in nature. City Council and relevant department heads will be at this forum. 6) Builders of new homes in the subdivision shall provide residential sprinkler systems in each of the four new homes in accord with current fire department requirements, with systems to be reviewed at time of building permit issuance. 7) The upper area Of the property in question, roughly 13 acres, will remain in the ownership of the Seitzes at the current time, and will not be transferred to the City of Ashland open space program as originally proposed. 8) The City of Ashland agrees to supply the water for the four lot subdivision by tapping into the 24 inch transmission line on Granite Street, subject to verification that the design will work by using a computer model. It is the City's intent to use the transmission line unless it is proven to be technically unfeasible. The Seitzes agree to pay for the costs of a computer model run by the City of Ashland of the proposed water system design. 9) Ail of the conditions of approval set forth in Ashland Planning Department Staff Report, Addendum IV, dated October 5, 1993, PA 90-057, are hereby incorporated and made a part of this agreement, except for items 10, 11 and 17. 10) The parties agree that this agreement meets their concerns and will not pursue further appeals, either at the local level or at LUBA, so long as the terms and conditions of this agreement are met. If further conflicts do arise in the future that the parties cannot solve by themselves, the parties agree to mediate before going through litigation channels. The parties agree that the above terms represent the mediated agreement. Dated this ~-~ day of ~¢r , DIANE SEITZ ~/ CARL OATES 1993. JOHN SULLY JEAN SULLY DENNIS FRIEND KOSRLIE OATES / HN Mc gG. ,of //S hl an~P1 aQ~ng Director Li~DA FLOYD~