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HomeMy WebLinkAbout1990-001 Findings - HillengaBEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON JANUARY 2, 1990 IN THE MATTER OF PLANNING ACTION #89-190, REQUEST FOR ) ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FROM ) SINGLE FAMILY RESIDENTIAL TO OPEN SPACE FOR THE PROPERTY) LOCATED AT 430 COURTNEY STREET. ) APPLICANT: M.E. HILLENGA ) ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax lot of 391E 9CD is located at 430 Courtney Street and is zoned R-1-7.5; Single Family Residential. 2) The applicant is requesting a Zone Change and Comprehensive Plan Map change from Single Family Residential to Open Space. A Site Plan is on file at the Department of Community Development. 3) The criteria that must to be addressed are found both in the Ashland Municipal Code and the Oregon Revised Statutes. The AMC criteria are found in 18.108.080 and are as follows: "Type 3 amendments are applicable whenever there exists a public need, the need to correct mistakes, the need to adjust to new conditions; or where compelling circumstances relating to the general welfare requires such an amendment." The procedure outlined in the ORS is for the governing body.to process this application as a Comprehensive Plan Map change, but to review the request under the following criteria: "In determining whether an application made for classification (as open space) should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of preserving the current use of the property which is the subject of application against the potential loss in revenue which may result from granting the application. If the granting authority in so weighing shall determine that preservation of the current use of the land will: a) Conserve or enhance natural or scenic resources; b) Protect air or streams or water supplies; c) Promote conservation of soils, wetlands, beaches or tidal marshes; d) Conserve landscaped areas such a public or private golf courses, which enhance the value of abutting or neighboring property; e) Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces; f) Enhance recreation opportunities; g) Preserve historic sites; h) Promote orderly urban or suburban development; or i) Affect any other factors relevant to the general welfare of preserving the current use of the property; the granting authority shall not deny the application solely because of the potential loss in revenue which may result from granting the application. 4) The Ashland City Council, following proper public notice, held a Public Hearing on January 2, 1989, at which time testimony was received and exhibits were presented. The City 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 and concludes 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 "0" 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 Zone Change and Comprehensive Plan Map change from Single Family Residential to Open Space meets the criteria found in AMC 18.108.180 and as outlined in ORS 308.745. The Council believes that this amendment meets the requirement of a "public need" in the Ashland Municipal Code, and is in support of the proposed Open Space Plan. The Council also believes that it meets the ORS criteria as stated by the applicant. This change in designation does not constitute a substantial loss of revenue since it constitutes little change from the current designation and only results in the loss of two potential residences from the tax base in the future. The Council finds that the benefits of a small open space in this neighborhood far outweighs the small revenue losses. 2.3 The Council hereby adopts the applicant's findings as submitted. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for Zone Change and Comprehensive Plan Map change from Single Family Residential to Open Space 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 #89-190. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #89-190 is denied. The following are the conditions and they are attached to the approval: 1) That a deed restriction, in favor of the City of Ashland, be placed on this property, prohibiting the partitioning or development of the property as single family residential. Such restriction may only be removed by approval of the Ashland City Council and after a Comprehensive Plan Map change back to Single Family Residential. Dated this ~<i day of January, 1990. ATTEST: APPROVED: