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: