HomeMy WebLinkAbout1990-065 Final Order - SeitzBEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF PLANNING )
ACTION 90-057, APPLICATION FOR )
OUTLINE PLAN APPROVAL FOR A )
FIVE-LOT SUBDIVISION UNDER THE )
PERFORMANCE STANDARDS OPTION )
LOCATED OFF GRANITE STREET )
NEAR IT'S INTERSECTION WITH )
SOUTH PIONEER STREET )
)
)
Gary and Diane Seitz: Owner/Applicants
FINAL ORDER
RECITALS:
1. Tax Lot 900 (39-1E-8DD) and Tax Lot 400 (39-1E-8DC) are located on Granite
Street, near it's intersection with South Pioneer Street. The property is zoned R-l-10
(Single Family Residential), RR-.5-P (Rural Residential), and WR (Woodland
Residential).
2. The application seeks outline plan approval for a five-lot residential performance
standards subdivision.
3. The criteria for outline plan approval are in ALUO Section 18.88.030(4). Findings
supporting compliance of the subject application with the criteria are contained in the
Findings of Fact and Conclusions of Law, attached hereto as Exhibit 'A.' The criteria
are:
a. That the development is consistent with city plans and with the stated purpose
of this chapter of the Land Use Development Ordinance.
b. That the existing and natural features of the land have been considered in the
plan of the development and important features utilized for open space and
common areas.
c. That the development design minimizes any adverse effect on the areas beyond
the project site and that the character of the neighborhood be considered in the
design of the development
d. That adequate public facilities can be provided, including, but not limited to,
water, sewer, paved access to and through the development, electricity, and urban
storm drainage.
e. That the development of the land and provision of services will not cause
FINAL ORDER Page 1 Planning Action 90-057
shortages of a necessary public facility in the surrounding area, nor will the
potential development of adjacent lands be impeded.
f. That there are adequate provisions for the maintenance of open space and
common areas, that if developments are done in phases that the early phases have
the same or higher ratio of amenities as proposed in the entire.
g. That the total energy needs of the development have been considered and are as
efficient as is economically feasible, and the maximum use is made of renewable
energy sources, including solar, where practical.
h. That all other applicable city ordinances will be met by the proposal.
4. Following proper public notice, the planning commission conducted public hearings
to consider the application. The hearings were on May 8, 1990, June 12, 1990, and July
10, 1990. By unanimous vote, the planning commission approved the application on
July 10, 1990. The planning commission adopted findings of fact in support of their
favorable decision on August 14, 1990. (Exhibit S-I).
5. Following proper public notice, the city council conducted a public hearing on
September 4, 1990 to consider an appeal of the planning commission's decision on the
matter. Following closure of the public hearing, the city council on September 4, 1990
acted to grant approval of the application.
SECTION 1. EXHIBITS
For the purpose of reference to the findings of the city, the attached index of exhibits
will be use&
Staff Exhibits are labeled with an 'S'
Proponent's Exhibits are labeled with a 'P'
Opponent's Exhibits are labeled with a 'O'
Hearings Minutes, Notices, Miscellaneous Exhibits labeled with a 'M.'
SECTION 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Findings of Fact and Conclusions of the city council supporting approval of the
land use applic, ation are contained in Exhibit 'A', attached hereto and made a part
hereof.
NOW, THEREFORE, the City Council of the City of Ashland finds and concludes as
follows:
SECTION 3. DECISION AND CONDITIONS
By majority vote on September 4, 1990, the city council acted to approve the
application.
Based on the public hearing, the city council concludes that the proposed outline plan
application is supported by evidence contained in the whole record. Therefore, based on
the attached Findings of Fact and Conclusions of Law, (Exhibit 'A'), and upon the
FINAL ORDER Page 2 Planning Action 90-057
proposal being subject to each of the conditions in Exhibit S- 1, and the additional
condition hereinbelow set forth, Planning Action 90-057 stands approved. Further, if
any one or more of the conditions are found to be invalid, for any reason whatsoever,
then Planning Action 90-057 is denied. The following is the additional condition
imposed by the city council, and, in addition to the conditions imposed by the planning
commission which are set forth in Exhibit S-1, they are all attached to and made a part
of the approval:
1. The f'mished street grade shall be consistent with the requirements of ALUO
Subsection 18.88.05003). 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.
2. 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.
Dated thi~.,~--'-day of October, 1990.
Catherine M. Golden
Mayor
Nan Franklin
City Recorder
FINAL ORDER Page 3 Planning Action 90-057
LIST OF EXHIBITS FOR PLANNING ACTION 990-057
APPLICANT: GARY AND DIANE SEITZ
Proponent's Exhibits
Facts of Finding submitted by the applicant's engineer
Dale Hofer - February 2, 1990.
Letter summarizing various supplemental data submitted
in addition to the initial Facts of Finding - April 26,
1990.
Tentative Plat - Outline Plan - Includes typical road
cross sections and typical elevation of a proposed
structure (April 1990 and also map revised to 5 lots
June 25, 1990)
Tentative Plat -Outiine Plan - approved lot layout
(April 1990).
Diane's Hill Street Profile (April 1990).
OVerall Site Plan showing total acreage dedicated by
Seitz to City of Ashland for parks - resource lands
(5-8-90) .
Qpponent's Exhibits
0-2 --
0-3 --
~O-5 --
0-6 --
0-7 --
0-8 --
Issue Paper -I - Length of Cul-De-Sac (9-4-90).
Issue Paper - II - Street Grade (9-4-90).
Issue Paper - III - Percent Slope In Building Envelopes
(9-4-90) .
Issue Paper - IV - Neighborhood Compatibility (9-4-90)
Issue Paper - V - Alternative (9-4-90).
Summation of Appeal (9-4-~0).
Alternative
Statement of Concerns and Request for Rejection of
PA90-057 (July 3, 1990).
Letter from Daniel C. Thorndike' and Joan E. Thorndike
(May 2, 1990).
0-10 -
0-11 -
0-12 -
0-13 -
Supplementary Statement of Concerns and a Request for
the Rejection of PA90-057 (May 1, 1990).
Supplementary Statement of Concerns and a Request for
the Rejection of PA90-057 (April 3, 1990).
Letter from Carl C. Oates, Rosalie C. Oates, Dennis K.
Friend, and Linda S. Friend (APril 2, 1990).
Letter from Carl C. Oates and Rosalie C~ Oates (March
31,'1990).
Staff Exhibits
S-1
Planning Commission Findings, Conclusions and Orders
(July 10, 1990)
S-2 -
S-3
S-4
Ashland. Planning Department Staff Report Addendum II
(July i0, 1990).
Letter From Steven. M. Hall', Public Works Director, to
Dale Hofer, Applicant's Engineer, regarding sewer and
water service along Granite Street (May 11, 1990).
Ashland Planning Department Staff Report Addendum (May
8, 1990).
S-5 ~
S-6 -
Letter from A1 Williams, Director Electric Utilities,
to Dale Hofer (April 30, 1990)
Ashland Planning Department Staff Report (April 10,
1990) .
Miscellaneous Exhibits
M-2 -
M-3 -
M-4 -
Minutes of Ashland City Council. Regular Meeting
(September 4, 1990).
Minutes of Ashland Planning Commission Regular Meeting
(July 10, 1990).
Notice Map announcing hearing before the City Council
(September 4, 1990)
Minutes of Ashland Planning Commission Regular Meeting
(May 8, 1990).
M-5 - Letter from Jim Lenile
M-6 ~
Planning Application
City Topographic Map of Site
EXHIBIT 'A'
FINDINGS OF FACT AND CONCLUSIONS OF LAW
In addition to the following findings of fact and conclusions, the facts and conclusions
contained in Exhibits P-l, P-2, P-3, P-4, P-5, P-6, S-l, S-2, S-3, S-4, S-5, S-6, M-i,
M-2, M-3, M-4, M-6, and M-7 are herewith cited and incorporated by reference.
Quotations in these findings attributable to "applicant's agent," refers to Dale Hofer, a
civil engineer and land surveyor licensed and registered in Oregon. Hofer's professional
engineer seal appears on Exhibit P-1.
NATURE OF THE APPLICATION
The application concerns a five-lot residential subdivision under the Performance
Standards Option of ALUO Chapter 18.88. Originally proposed with six or seven lots,
the number of lots was reduced to five during the public hearing process. The project
involves the creation of a street to be dedicated for public use.
ALUO Section 18.88.100 specifies the design flexibility afforded through the
Performance Standards Option, indicating flexibility in terms of minimum lot size, lot
width, depth and setback requirements. The subject project is essentially a cluster
housing planned developmen~ the allowable housing is clustered on the most suitable
portions of the property with the balance of the property left in open space.
The land use action approved as Planning Action 90-057 consists of outline plan
approval for a residential subdivision under ALUO Chapter 18.88.
APPLICABLE SUBSTANTIVE CRITERIA
The applicable criteria are in ALUO 18.88.030(4), consisting of 8 separate criteria
enumerated as 'a' through 'h.' The applicable criteria are cited, with findings of fact
and conclusions of law pertaining to each of the individual criteria.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CRITERIA a. That the development is consistent with City plans and with
the stated purpose of this chapter of the Land Use Development
Ordinance.
Findings of Fact:
The subject property presently exists as a flag lot lying within three different zoning
districts: R-l-10, RR-.5-P, and WR. The flag pole portion of the lot is in the R-l-10
zone. The portion approved for five residential lots is in the RR-.5-P zone'. The portion
consisting of common area and land to be dedicated to the city is within the WR zone.
The corresponding comprehensive plan map designations are Single Family Residential,
Low Density Residential, and Woodland respectively. The plan designations follow and
correspond to the zoning district boundaries in the subject area. The zoning districts all
allow the division of land and construction of single family housing under ALUO
Chapter 18.88. The allowable density of development can be determined by computing
EXHIBIT 'A' FINDINGS Page 1 Planning Action 90-057
the number of housing units allowed on the acreage lying within each zone and adding
them together. The development may be clustered on any physically appropriate portion
of the property. Consistency exists in all respects between present zoning and the
comprehensive plan.
Subdivisions utilizing the performance standards option are permitted outright in the
RR-.5-P zone under ALUO Subsection 18.88.080(C). ALUO Subsection 18.88.080(D)
allows the performance standards option on portions of the subject property lying within
the R-1-10 and WR zones. ALUO Section 18.88.100 provides flexibility as to lot size
sufficient to allow the cluster housing project.
The Exhibit S-6 staff report, and Exhibit P-4 plans provide calculations of the allowable
density for the 3.54 acres proposed for development, indicating the property will support
a total of six development lots. Five development lots were approved by the city. The
allowable density is calculated by the methods set forth in ALUO Subsection 18.88.040
for projects using the performance standards option. The property will support greater
numbers of housing than was approved by the city if the allowable density for the entire
subject property was used to compute the yield.
The stated purpose of the Performance Standards Options Chapter as set forth in ALUO
Section 18.88.010 is:
"The purpose and intent of this Chapter is to allow an option for more
flexible design than is permissible under the conventional zoning codes.
The design should stress energy efficiency, architectural creativity and
innovation, use the natural features of the landscape to their greatest
advantage, provide a quality of life equal to or greater than that provided in
developments built under the standard zoning codes, be aesthetically
pleasing, provide for more efficient land use, and reduce the impact of
development on the natural environment and neighborhood."
Applicant's agent testified in Exhibit P-1 to the following:
That most forested portions of the property are above the development area.
The lots have been designed to place the building sites on the least steep portions,
leaving the steep slopes and drainage ways in a natural condition.
The homes will be constructed to incorporate "good cents" construction practices.
The homesites meet the city's solar setback requirements, ensuring there will be
no solar shading of south-facing solar collectors.
To the extent possible, the building envelopes have been located to maintain
privacy and protect views.
The planning commission concluded in Exhibit S-1 that:
"* * * the placement of buildings and the installation of public
improvements (i.e., streets) on the least sensitive areas of the parcel.
Building envelopes have been placed on areas with less than a 40 percent
EXHIBIT 'A' FINDINGS Page 2 Planning Action 90-057
slope and which require removal of a minimum amount of mature trees,
while still ensuring the applicant's development rights under the existing
zoning."
"The proposed street will follow existing topography in order to minimize
cuts and fills on the natural slope of the land. Lots have been oriented so as
to build on areas of least slope and to leave the steeper slopes and drainage
ways in a natural state. Building envelopes have been located so as to
minimize the removal of trees greater than 6" in diameter at breast height,
while still permitting the applicant to develop at the base density of the zone.
Further, a detailed Tree Management Plan indicating trees to be removed
will be submitted at the time of.Final Plan approval to be reviewed and
approved by the Staff Advisor and Tree Commission."
Cul-de-sac Street Length: The proposed street, Diane's Hill Street, is a dead-end,
cul-de-sac road proposed as a "lane" serving five lots under the Ashland Land
Development Ordinance.
ALUO Subsection 18.881050(A)(6), states:
"Only lanes may be dead end roads. No dead end road shall exceed 500
feet in length. Dead end roads must terminate in an improved turnaround
as defined in the Performance Standards guidelines as provided in Section
18.88.090.
ALUO Subsection 18.80.020(11), states:
"Cul-de-sacs: A cul-de-sac shall be as short as possible and shall have a
maximum length of five hundred feet. All cul-de-sacs shall terminate with a
circular turn-around unless alternate designs for turning and reversing
direction are approved by the Planning Commission."
Opponents testified that the street exceeds 500 feet in length, requiring a variance which
was not sought or granted. (Exhibit O-1)
The applicant's agent testified that the street measures exactly 494.92 feet. (Exhibit
M-l)
City Planning Director Fregonese testified that the street does not exceed 500 feet in
length based on a October 4, 1989 written opinion from the city attorney interpreting
how the length of cul-de-sac or dead-end streets must be measured under the city's
standards. The opinion is that the street is measured up to the point where the cul-de-sac
tm-around begins. The city attorney's opinion has been consistently used by the city to
determine the length of such streets. The length of the street as measured and testified to
by the applicant's agent is consistent with the city attorney's opinion.
Street Grade: ALUO Subsection 18.88.050(B) states:
"Street Grade. Street grades for dedicated streets shall be as follows:
I. Streets shall not exceed a maximum grade of 15%.
EXHIBIT 'A' FINDINGS Page 3 Planning Action 90-057
2. Where topography requires a grade greater than 15%, a grade of no
greater than 18% may be permitted for no more than 200feet.
3. No street grade shall exceed 18%. Streets requiring grades exceeding
18% shall be considered unacceptable. No variances may be granted which
permit a road grade greater than 18%."
Opponents testified that street grades calculated from the Exhibit P4 plans indicate a
street grade of 18.37% for a distance of 213 feet. (Exhibit 0-2)'
Condition 13 of the Exhibit S-1 final Order of the planning commission requires that no
~ exceed a slope of 20 percent, or a more restrictive building code requirement.
Opponents testified that Condition 13 of the Exhibit S-1 £mal Order of the planning
commission violates the Ashland Land Use Ordinance. Condition 13 states:
"That no driveway exceed a slope of 20% or that stipulated by the building
code, whichever is more restrictive."
The Exhibit P4 plan indicates:
"Basic street grade is 15% with 18%for a maximum of 2OO feet."
The applicant's agent testified in that the street can and will be constructed consistent
with the ordinance requirements, acknowledging a need for the street to be 18% for a
short distance not to exceed 200 feet.
Condition 1 established by the City Council as a part of this final Order requires
verification of finished street grades during engineering and construction. During
construction the mad grade will be checked following rough grading of the road.
The applicant's agent testified that he had measured the grades of several streets in the
city which were functioning well in providing city services, and found thirteen to have
grades ranging from 17% to 20%.
Slope within Building Envelopes: ALUO Section 18.62.030(B), states:
"Buildable area. "For the purpose of this ordinance, a buildable area cannot
contain' * * * 'any land that is greater than 40% slope."
Opponents testified that according to their own calculations, which were based on spot
elevations shown on the Exhibit P-3 and P-4 plans, the slopes within three of the five
building envelopes exceed 40%.
The Exhibit S-4 staff report states:
"The revised plan shows all building envelopes to be located outside areas
which exceed a 40% slope. The applicant's engineer states that he has
walked the site and measured the grade and believes the slope calculations
to be accurate. Slope calculations using the spot elevations depicted on the
EXHIBIT 'A' FINDINGS Page 4 Planning Action 90-057
plan seem to support this conclusion."
The applicants agent, a licensed civil engineer, testified that the slope within all building
envelopes is 40% or less based on his own on-site measurements, stating during the city
council public hearing that buildihg envelope slopes were very carefully and accurately
measured with survey instruments, and are as follows:
"Lot 1: 38%"
"Lot2: 35%"
"LOt 3" 36%"
"LOt 4: 31.7%"
"LOt 5: 26%"
Conclusions of Law: The city council finds and concludes as follows:
1. The question whether to preserve certain land as open space is a function of
comprehensive planning and zoning. The proposed development area has an allowable
density greater than the level actually approved. The flexibility to cluster the actual
housing on the most suitable portions of the property on smaller lots while leaving the
balance in open space is allowed by ALUO seCtion 18.88.100. The application is found
to be consistent with city plans, and portions of the purpose statement for ALUO
Chapter 18.88 dealing with the concept of flexibility.
2. With respeCt to the purpose statement of ALUO Chapter 18.88, as contained in
ALUO Section 18.88.010, it is found and concluded that the language of the purpose
statement couches all of its objectives in terms of "should," making them desirable but
not mandatory, and, thus providing for tradeoffs and conflict resolution.
3. As to the concept of energy efficiency referenced in the purpose statement of ALUO
Chapter 18.88, refer to findings of fact and conclusions of law with respect to criteria 'g'
in ALUO Subsection 18.88.030(4), contained herein.
4. As to the concept of "architectural creativity and innovation" referred to in the
purpose statement of ALUO Chapter 18.88, the Exhibit P4 plans indicate that all homes
will be custom designed and built to fit each lot. While a typical elevation was
provided, as required by the ordinance, the city council believes it is customary and
desirable for individual lots to be custom designed to fit each lot, and the individual
tastes of people who will later own the lots. Unlike attached multiple family housing
projects under the performance standards option where the structures are built and sold
as a package; it is customary for only the lots to be individually sold for custom home
construction by the buyers.
5. As to the concePt of using natural features of the landscape and reducing the impact
of development on the natural environment referred to in the purpose statement of
ALUO Chapter 18.88, refer to findings of fact and conclusions of law with respeCt to
criteria 'b' in ALUO SubseCtion 18.88.030(4) contained herein.
6. As to the concepts of "quality of life" and "aesthetically pleasing" as referred to in the
purpose statement of ALUO Chapter 18,88, the city council believes the clustering of
homes as proposed and approved in the application will result in a reduced level of tree
removal, and other environmental impacts than would be possible through strict
EXHIBIT 'A' FINDINGS Page 5 Planning Action 90-057
application of the normal subdivision regulations. The basis for this conclusion is
· contained in findings under criteria 'b' and 'f' in ALUO Subsection 18.88.030(4). The
city council believes the that the future occupants of the subject property will be
principal beneficiaries of reduced levels of environmental impact, and this in turn will
afford a higher quality of life and result in a more aesthetically pleasing overall project.
7. The city council believes the concept of "more efficient land use," referred to in the
purpose statement of ALUO Chapter 18.88, is well served by the cluster housing
concept in general and as carried out in the subject project. The concept serves to allow
near-maximum housing densities placed in a smaller area than would otherwise be
allowed, while preserving the generally unbuildable balance of the land in large blocks
of open space for use by future residents and the general public. The cluster housing
concept also serves to shorten public facility extensions needed to serve an equal
number of homes which could be accommodated through conventional subdivision
practices. The subject project is a good example of the cluster housing concept.
8. As to the concept of reducing the impact of the development on the neighborhood as
referred to in the purpose statement of ALUO Chapter 18.88, refer to findings of fact
and conclusions of law with respect to criteria 'c' in ALUO Subsection 18.88.030(4)
contained herein.
9. Regarding the length of the approved dead-end cul-de-sac street, opponents argued
that it exceeded the 500 feet maximum length under ALUO Subsections
18.88.050((A)6) and 18.80.020(11). The city council finds and concludes that the
measurement of length of a cul-de-sac street does not include the tm-around portion at
the end of the street. The council further finds that the street is 494.92 feet in length as
measured properly by the applicant's agent. The method to measure the length of the
cul-de-sac street is consistent with, and based on the opinion of the city attorney which
is that the mm-around area is not included in the measurement. The city attorney's
interpretation has been consistently applied by the city. The city council further believes
that the length of the street, in this case, is critical to minimizing the magnitude of
environmental impacts. Shortening the street under an interpretation contrary to that of
the city attorney would serve to place the mm-around area on steeper terrain, in turn
substantially increasing the size of cuts and fills needed to construct the tm-around.
10. Regarding the grade of the new street in relation to the requirements of ALUO
Subsection 18.88.050(B), the city council finds and concludes that the grade of the
proposed street can and is compelled to meet the above cited ordinance requirements.
Based on the evidence presented by applicant's agent, a licensed civil engineer land
surveyor, and a requirement that the road grade be examined and certified by the
Ashland Public Works Department as a condition of approval, (Condition 1 of Exhibit
'A'), the city council finds the approval to be consistent with the cited ordinance
standard. With regard to the Exhibit 'A' condition, the city council believes it is most
appropriate to check grades at the rough grading stage of construction for the following
reasons: First, it is not possible to precisely determine road grades from the rough
topography, although the council believes the road can be constructed to meet the
standard. Second, a street does not become a street until it is built, at least to the extent
it is graded. Third, if it is determined that the maximum grade can not be observed,
construction can be halted before the more expensive construction begins. The grade
will not change from rough grading through the final road construct/on stages.
The testimony of some opponents indicated confusion regarding application of the 18%
EXHIBIT 'A' FINDINGS Page 6 Planning Action 90-057
maximum grade standard. The standard applies only to city streets dedicated for public
use, not to private driveways. Condition 13 in Exhibit S-1 requires all driveways to
have a grade of 20% or less. There are no ordinance provisions for the grades of private
driveways. The condition was applied at the discretion of the city.
11. Regarding the slope of terrain within the approved building envelopes with respect
to ALUO Section 18.62.030(B), the city council finds and concludes, based on the
testimony of the applicant's agent, a licensed civil engineer, that the slopes within the
envelopes are all less than 40%. Opponents in presenting their own slope calculations
used spot elevations included on the proposed plans, using the points to compute slope
percentages. The opponents method of measurement is inaccurate because the spot
elevations occur both within and outside the envelopes. More accurate and reliable are
the elevations determined by the applicant's agent using survey instruments. Unlike the
issue of road grade which relates to the slope of the finished road, (and which may be
different from the slope of the natural terrain over which the road passes), building
envelopes are based strictly on the slope of the natural terrain. For this reason, the city
council accepts as fact the testimony of the applicant's agent as an expert, and city staff
that the envelopes contain no land exceeding a slope of 40%.
12. The city council construes ALUO Subsections 18.88.080(C) and (D) to allow a
performance standards option development to proceeA on the subject property given the
fact that the property is within three different zones, two of which are not within a "P"
overlay because: 1) The property is larger than 2 acres and is greater than 200 feet in
average width; and, 2) the development under the performance standards option is
necessary to protect the qualities enumerated in ALUO Subsection 18.88.080(D)(2).
Based on the above findings of fact and conclusions of law the city council f'mds the
proposal to be consistent with the cited criteria 'a' of ALUO Subsection 18.88.030(4).
CRITERIA b. That the existing and natural features of the land have been
considered in the plan of the development and important features utilized
for open space and common areas.
Findings of Fact:
Dedication: The applicant offered and the city requires through Condition 10 of the
Exhibit S-1 final Order, that approximately 13 acres be dedicated to the city for public
park and open space purposes.
Wildlife: Planning Director Fregonese testified that the upper nine acres, proposed to be
held as perpetual open space, have been identified as the major wildlife area. (Exhibit
M- 4).
Opponents testified that the property is on the interface of an "ecotone", and that the
property supports deer, foxes, raccoons, rabbits, bear, and many bird species, including
three species of woodpecker. (Exhibit O-4).
Opponents testified that the carrying capacity of the area is finite, and that habitat
reduction due to human disturbance is the main cause for elimination of species.
(Exhibit 0-4).
EXHIBIT 'A' FINDINGS Page 7 Planning Action 90-057
Erosion: An opponent testified the land use ordinance does not provide sufficient
protection from erosion. (Exhibit M-l)
The site plan provides, and the applicant's agent testified that cut slopes over 3 feet will
have rock retaining walls to provide erosion control. An illustration of a typical retaining
wall is also provided on the site plan. (Exhibit P-4). Conditions 4, 5, and 9 in the
Exhibit S-1 final Order of the planning commission requires a final erosion control plan,
tree management plan, and drainage plan to be submitted with the final plan.
The site plan provides, and the applicant's agent testified that fill banks will be protected
with seed. (Exhibit P-4). The S-4 staff report states: "Details describing seed mixture
and stone type, (for retaining walls), as well as the procedure for application will need to
be presented at the time of Final Plan approval."
The P-4 plan indicates cut banks along the road will be 6 feet in height, with a 10' cut
bank around the perimeter of the cul-de-sac, (tm-around). (Exhibit S~4).
Opponents testified that granitic soils on the subject property will make erosion
inevitable, and will result in flooding and mud slides on the downhill properties.
Applicant's agent testified in Exhibit P-1 that most of the forested area of the property is
above the development area, and that the lots have been designed to place the buildable
areas on the least steep portions, leaving the steep slopes and drainage ways in a natural
condition.
The Exhibit M-7 topographic map indicates that land immediately above the
development area is the steepest portion of the entire subject property. Constructing
roads through this area would require traversing slopes of substantially steeper grade
than those crossed by the approved roadway.
Conclusions of Law: The city council believes that the existing natural features of
the land are most prominently its slopes, drainages, trees and vegetation. The areas the
council believes are most important to protect are the steeply sloped and more heavily
wooded areas above the development area, and the drainages which also exist in the
upper area. The'existence of wildlife, in itself is not a persuasive consideration because
no identified species have been identified as either threatened or endangered, and the
land has not been planned or set aside for wildlife protection purposes in the
comprehensive plan. The essence of Oregon's land use planning program is to preserve
and protect resource lands outside urban growth boundaries, (UGB), and to facilitate
logical and planned growth and development within the UGBs. The subject property is
within an area planned and zoned to accommodate the comparatively low density of one
dwelling per each one-half acre. The project approved is consistent with that density.
The existence of granitic soils on relatively steep terrain is common in Ashland, and
mitigation of problems is a frequently topic with which the city has extensive
experience. The city council believes the erosion control measures required by
Conditions 4, 5, and 9 in Exhibit S-1 are sufficient to deal with soils occurring on the
property.
Therefore, the city council finds and concludes that the existing and natural features of
the land have been appropriately considered, and the important features have been set
aside for open space and common area.
EXHIBIT 'A' FINDINGS Page 8 Planning Action 90-057
CRITERIA c. That the development design minimizes any adverse effect on
the areas beyond the project site and that the character of the
neighborhood be considered in the design of the development.
Findings of Fact:
Declaration of Trade-Off: The city council declares the existence of a trade-off
inherent in the urbanization of the subject property consistent with the comprehensive
plan and land development regulations of thc city, and the actual and imagined adverse
impacts experienced by the residents in the surrounding area.
Views: The applicant's agent testified that, to the extent possible, building envelopes
were located to maintain privacy and protect views. (Exhibit P-l). The agent also
testified during a public heating that the building envelope on Lot 5 was changed and
located to protect existing vegetation that presently serves as a screen between the future
homesite and an adjacent dwelling immediately to the east. The Lot 5 envelope.affords
a 30 minimum feet setback in this area. The agent also testified it was the applicants
intention to plant additional vegetation within the above described Lot 5 interface area.
Lithia Park: The subject property is located across Granite Street from the John C.
Cotton Memorial Picnic Area in Lithia Park. Lithia Park is on the National Register of
Historic Places. The applicant testified that no building envelopes are within 100 feet of
Lithia Park. (Exhibit M-l).
Opponents testified that Granite Say, et, between Winburn Way and the upper limits of
Lithia Park presently has no intersecting streets to cause congestion for park users.
(Exhibit 0-4). South Pioneer Street intersects Granite Street within approximately 250
feet from the point at which the new street is proposed to intersect Granite.
Opponents testified the proposed project would alter Lithia Park's "tranquility",
"viewshed", and "rural atmosphere" by the installation of a new street, with curbs,
gutters, sidewalks, street lights, 6-10 feet cuts, cul-de-sac, and five new homes. (Exhibit
0-4).
opponents testified that the site plan failed to illustrate the location of Lithia Park.
(Exhibit 0-6) The Exhibit P-4 plan has a vicinity map showing the subject property in
relation to the larger surrounding area. The location of Lithia Park across Granite Street
from the subject property is depicted on the city's zoning and comprehensive plan maps,
and is a matter of common knowledge.
Erosion: An opponent testified the land use ordinance does not provide sufficient
protection from erosion. (Exhibit M-l)
The site plan provides, and the applicant's agent testified that cut slopes over 3 feet will
have rock retaining walls to provide erosion control. An illustration of a typical wall is
also provided on the site plan. (Exhibit P-4).
.The site plan provides, and the applicant's agent testified that fill banks will be protected
with seed. (Exhibit P-4). The S-4 staff report states: "Details describing seed mixture
and stone type, (for retaining walls), as well as the procedure for application will need to
EXHIBIT 'A' FINDINGS Page 9 Planning Action 90-057
be presented at the time of Final Plan approval.
The P-4 plan indicates cut banks along the road will be 6 feet in height, with a 10' cut
bank on the uphill side of the cul-de-sac, (turn-around). (Exhibit S-4).
Conditions 4, 5, and 9 in the Exhibit S-1 £mal Order of the planning commission
requires a final erosion control plan, tree management plan, and drainage plan to be
submitted with the f'mal plan.
Opponents testified that granitic soils on the subject property will make erosion
inevitable, and will result in flooding and mud slides on the downhill properties.
Slick and Unsafe Streets during Winter Conditions: Opponents testified that on the
shortest day of the year, (December 21st) none of the street will receive direct sunlight,
and that there will exist a build-up of ice and snow, as occurs on the driveways of
opponents properties, in turn requiring snow removal at public expense. (Exhibit 0-2).
The applicant's agent testified during a public hearing that the street orientation does not
obstruct solar melting of the snow, except in the "cul-de-sac," (tm-around), area, where
shading would be a function of home location and tree removal; that the street will
receive a good penetration of sun during morning hours.
Many streets in Ashland, due to the elevation of the city and climate, become icy and
slick during certain winter periods.
Opponents Alternative Proposal: During the public hearing some opponents presented
what they deemed to be an acceptable alternative. The essential elements of the
alternative as outlined in Exhibit 0-5 are:
1. Three rather than five lots having one home each to be located on 3.14 acres.
2. The access street would be privately owned by the lot owners.
3. No trees over 1-inch in diameter in the east interface area to be removed.
4. Removal of trees over 6 inches in diameter must first be approved by the city.
5. The city would construct the new private street and extend public facilities in
exchange for the dedication of land for open space.
Traffic Impacts: Opponents testified, based on their own analysis, that the larger, but
undefined area which could be served for future development if the subject street were
ever extended, currently generates a total of 460 vehicle trips onto Granite Street, but
that future maximum development in the undefined area beyond will produce a
combined total of 1,760 trips using as a basis 10 trips per day per housing unit, and not
including other sources of traffic. (Exhibit 0-8). On the basis of 10 trips per each
dwelling, the subject project having five homes will produce a total of 50 average daily
vehicle trips.
Fire Protection: Opponents testified that access to the "upper canyon" in case of
summer fu'e would be restricted. (Exhibit 0-8).
EXHIBIT 'A' FINDINGS Page 10 Planning Action 90-057
The applicant's agent testified that fire protection vehicles regularly access road grades
of 20%.
The applicant testified that the requirements of ALUO Section 18.62.090 will be
incorporated into the restrictive covenants of the project. (Exhibit P-I). The cited
requirements are items which must be dealt with by the home builder or owner at the
time actual housing construction occurs on the property.
The applicant specified that all roofing will be f'ue resistant shingles. (Exhibit P-4).
Condition 6 in the Exhibit S-1 final Order requires that the structures have
non-combustible roofing material and comply with the wildfire requirements of ALUO
Section 18.62.090, and that such requirements be included in the restrictive covenants.
Miscellaneous Considerations: Opponents testified that there are no sidewalks on
Granite Street. (Exhibit 0-4). Many Ashland streets lack sidewalks.
Condition 12 of the Exhibit S-1 final order of the planning commission requires a street
plug along the north side of the new street where it abuts private property. Opponents
expressed their fears that the cul-de-sac street could be further extended, opening, other
areas to development, and that city requirements for a street plug at the planned terminus
would not offer sufficient protection from further development. (Exhibit O- 4).
opponents testified that the existing homes along Granite Street presently enjoy a rural
atmosphere. (Exhibit 0-4).
opponents testified that existing homes on either side of the proposed street's
intersection with Granite Street will be impacted by noise, dust, and fumes which can
not be mitigated. (Exhibit O- 4).
The applicant's agent testified that the existing homes at the new street's intersection
with Granite Street are separated by 69 feet, and that the new street will be centered
within the existing 50-feet right-of-way to maximize the distance to each adjacent
residence. (Exhibit P-2). The applicant's agent also testified that the home on the north
side of the proposed street intersection was built nearer the property line than the
standard 10-feet side yard setback for homes on comer lots. The home is setback only 6
feet, but that the 10-feet standard can be observed functionally through provision of a 49
feet right-of-way rather than the minimum 41 feet required by the ordinance. (In fact,
the ordinance requires only a 36 feet wide right-of-way.) The additional 8 feet, having
four feet on. either side of the right-of-way, affords a 10 feet setback. (Exhibit P-l).
ALUO Subsection 18.20.040(D) establishes a 10 feet side yard setback for comer lots
abutting a public street.
One opponent testified that their parents home at the intersection of the streets would be
impacted less by centering the road within the right-of-way, and that it would preserve
existing trees.
An opponent owning land adjacent to the proposed new roadway testified they was
aware a driveway would one day be constructed on the subject property adjacent to their
own property. (Exhibit O- 13).
EXHIBIT 'A' FINDINGS Page 11 Planning Action 90-057
Opponents objected that the location of trees were not shown on the outline plan. The
location of tree cover on the generally heavily wooded parcel are depicted on Exhibit
M-7. Earlier versions of the Exhibit P-4 outline plan, (Exhibit P-3), illustrated tree
cover in relation to the subject property boundaries and the planned development areas.
The applicant proposes to retain as undisturbed common area and to dedicate to the city
for perpetual open space a total of approximately 13.3 acres in Tax Lots 400,
(39-1E-8DC) and 900, (39-1E-8DD). (Exhibit P-6). The areas proposed to remain as
undisturbed open space are the most heavily wooded portions of the property.
Conclusions of t. aw: The city council finds and concludes as follows:
1. The city council believes that the design of the development and conditions of
approval in the Exhibit S-1 final Order of the planning commission minimizes adverse
effects on adjacent and nearby areas to a reasonable extent. The allowable total number
of housing has been reduced substantially below levels available if the allowable
numbers were computed using all portions of the subject property.
2. It was argued that the street and housing will be visible from Lithia Park, and that, in
itself, causes an unreasonable impact. On this point the council disagrees. The
alternative and tradeoff is placement of housing further west on the upper slopes of the
property. While this would serve to better hide the housing from Lithia Park views, it
would necessitate impacts which the council finds to be greater in magnitude than those
produced by the approved plan. Greater potential impacts would be attributable to the
road traversing significantly steeper and more heavily wooded terrain. This in turn
would necessitate the removal of more trees and vegetation, and require substantially
deeper cuts and fills for road construction, carrying with them a potential for higher
levels of erosion. Extension of the road a substantially longer distance would also be
required to reach homesite locations which could maintain slopes of 40% or less, and
this would also serve to reduce the projects land use efficiency. Alternatively, there
would be requirements for variance relief to allow the construction of homes on greater
than 40% slopes. There would also be a requirement for variance relief to allow the
road itself to exceed the grade requirements of ALUO Subsection 18.88.050(B). The
substantiative criteria for granting variance relief could not be met because the need for
relief is alleviated through the design of the development as it has been approved:
3. The design of the project serves to minimize the potential for erosion to the maximum
extent possible. The council also believes that the erosion potential is further minimized
by Conditions 4, 5, and 9 in the Exhibit S-1 final Order of the planning commission,
requiting a final erosion control plan, tree management plan, and drainage plan, all to be
submitted with the f'mal plan.
4. As to the new street intersection with Granite Street causing congestion for park
users, the city council finds that the additional traffic attributable to five new homes
would be slight and insignificant. Based on findings of fact submitted by opponents,
each dwelling would produce ten vehicle trips per day for a total of 50 trips. Most of the
trips would likely occ. ur during times when the park is not in peak use, but even if all
trips occurred during the park's Peak use periods, the effect of the additional traffic
would be of a slight and insignificant magnitude.
5. It was argued by opponents that the greater concern was the extension of the new
EXHIBIT 'A' FINDINGS Page 12 Planning Action 90-057
street to serve other areas, and the development of these areas would produce substantial
traffic impacts. On this point the council finds and concludes that the stxeet can not be
extended because: 1) Physical limitations of the terrain prevent a street extension
meeting the road grade standards of ALUO Subsection 18.88.050(B). 2) Condition 12 of
the Exhibit S-1 final Order of the planning commission requires a street plug where the
street adjoins private lands. 3) Condition 10 of the Exhibit S-1 final Order of the
planning commission requires the dedication to the city of 13.3 acres west of the
development area through which the road would have to be extended to serve' the "other
areas." The enumerated constraints serve to limit traffic impacts exclusively to those
produced by the subject project.
6. It was argued that the project would alter Lithia Parks viewshed, tranquility, and rural
atmosphere. The city council disagrees. The character of the area consists of the park,
and existing residential housing on lots of approximately one-half acre. The subject
property is planned and zoned for residential housing densities ranging from
approximately 1-2 housing units per acre. In fact, the development, as approved, has
housing at substantially less than could have been sought by the applicant if the density
of the entire subject property were to have be used to compute the total yield of housing.
units. Yields aside, the actual density of the development area is equivalent to the
density of existing housing along Granite Street in the immediate vicinity. To the extent
the tranquility of the park would be adversely affected, a point which the council does
not concede, its tranquility has already been adversely affected by existing housing. The
location of housing on the wooded fringe of the property will minimize its visual
presence and impact to the "tranquility" of the surrounding area. The city council
believes the present character of the neighborhood was carefully considered by the
applicant in designing the project, and by the city in our review of the project, and this is
evidenced by the placement of housing envelopes, the size of lots, and location of the
roadway. While it would be nice if all land surrounding the park could be prevented
from any further development, that is not an objective of the city as expressed in the
comprehensive plan. Instead, the plan seeks to maintain residential housing at very low
densities, and the density of this project is consistent with the plan.
7. As to the project having a street and driveways which will be slick during some
winter periods, the city council acknowledges that this may be the case. However, many
if not all portions of Ashland experience slick road conditions periodically, and the
subject property is neither unique or unusual in this regard. The city council believes it
would be arbitrary and capricious to single out this application and deny it solely on the
basis that the property may periodically have slick road conditions.
8. To the extent it was argued that the mere presence of a sidewalk on the new street
causes it to conflict with the character of the neighborhood, the council disagrees. Many
Ashland streets lack sidewalks, especially those constructed before sidewalks were
required. The fact that the subject project is required to have a sidewalk is a matter of
law. ALUO Subsection 18.88.050(A)(3) requires streets classified as "lanes" to have a
sidewalk on one side of the street. Alleviation of the sidewalk requirement would
require variance relief, requiring compliance with substantiative criteria would be
difficult or impossible to meet. The city council believes it is important to hold f'n-m on
municipal requirements for sidewalks for all new Streets in the hope that sidewalks will
be installed for all older streets in the future to afford a complete pedestrian network in
the community. In conclusion, the council finds and concludes that the mere presence
of a sidewalk along the new street does not pose an adverse effect on areas beyond the
project site.
EXHIBIT 'A' FINDINGS Page 13 Planning Action 90-057
9. Regarding noise, dust, and impact from fumes asserted by opponents to affect the two
homes adjacent to the new street, the city council finds and concludes that the fact of the
case demonstrate the dwellings will be located no closer to the right-of-way than is
permissible under the 10-feet side yard setback standards of the R-l-10 zone. The fact
that traffic attributable to the five new homes will produce traffic related noise, dust, and
fumes are normal, permissible, common, and customary impacts which occur in an
urban environment. The subject property has only one alternative for access, and that is
to extend a new street as proposed and approved. The council believes the approved
street has a design consistent in all respects with the requirements of the ordinance. The
ordinance requirements were designed to protect the health, safety, and general welfare
of the community. Compliance with the ordinance requirements serves to protect
properties beyond the project site experiencing more than minimal adverse effects.
Centering the roadway within the right-of-way, as proposed and approved will serve to
maximize setback distances to existing residences, and avoid to the maximum extent the
removal of trees. This in mm will help respect and preserve the character of the
neighborhood.
10. Regarding the issue of fn'e safety, the city council finds and concludes that the
requirements of Condition 6 in the Exhibit S-1 final Order, requiting future structures
have non-combustible roo£mg material and comply with the wildfire requirements of
ALUO Section 18.62.090, and is the most appropriate method to deal with the issue of
fn'e safety. Opponents argued that large additional volumes of traffic from the
development of other lands, beyond the subject property would so heavily congest the
area so as to prevent fare suppression equipment from serving the upper canyon area. As
earlier found, the development of other lands by virtue of the future extension of the
subject new street is not possible, and is specifically prohibited by the approval. The
new street and development will not influence, positively or negatively, an ability of fire
response to the "upper canyon" area.
11. Regarding the alternative development proposal presented by opponents in Exhibit
0-5, the city council believes:
A. The project densities do not need to be reduced further to achieve compliance
with the ordinance.
B. Ownership of the street, whether public or private is irrelevant.
C. The approved development plan serves to protect existing vegetation within the
30 feet setback afforded by the location of the Lot 5 building envelope.
D. The approved plan, be reserving as common area and dedicating the upper area
for open spaces serves the same tree protection function.
E. The city of Ashland is not and does not want to be in the development or home
construction business. Additionally, it would be inappropriate for the city to do
other than to approve, approve with conditions, or deny a properly filed
development permit application. In this case, the city believes the application is
appropriate and has met its burden of proof under the applicable substantiative
criteria.
12. Regarding opponents objection that trees were not properly shown on the outline
EXHIBIT 'A' FINDINGS Page 14 Planning Action 90-057
plan, the city council finds and concludes that the heavily wooded nature of the subject
property logically precludes the illustration of individual trees, but that the location of
trees and tree cover in general was depicted on earlier versions of the outline plan, and is
shown on the Exhibit M-7 topographic map, and that individual members of the city
council and planning commission visited and examined the subject property in person
prior to decision making.
In summary conclusion, the city council believes that the traits and features which serve
to define the character of the area consists of Lithia Park, a historic element in the
community, existing homes which are a mixture of older historic homes and newer
homes constructed in the recent past. Granite Street is also a feature contributing to the
area's character. Based on the above conclusions of law, the city council finds and
concludes overall that the adverse effects on areas beyond the project site has been
minimi?ed by the design of the development and the conditions attached to the approval,
and that the neighborhood was carefully considered both in the applicant's design, and
by the city in its consideration of the project.
CRITERIA d. That adequate public facilities can be provided, including, but
not limited to, water, sewer, paved access to and through the development,
electricity, and urban storm drainage.
Findings of Fact:
Public Facilities in General: The applicant's agent testified that personnel at city
departments dealing with water, electric power, and sewer have provided assurances that
there is an ample supply of each for the subject area. (Exhibit M-4).
Opponents testified that water, sewer, storm drainage, and electricity systems are
antiquated. (Exhibit O- 12).
Granite street is a paved city street.
Water Facilities: An opponent testified that the city has an acute water shortage.
(Exhibit M-4).
Opponents testified that the Granite Street water main and city water supply in general
have problems related to capacity. (Exhibit O- 11).
Public Works Director Hall testified that, "the Granite Street water line is more than
adequate for the area and the proposed subdivision." (Exhibit M-1).
The applicant's agent testified in Exhibit P-2 and orally that there is plenty of water to
serve the project, but the pressure is too low to adequately serve the upper portion of the
project, and that adequate water pressure will be accomplished by the installation of a
pumping station. (Exhibit P-2).
Public Works Director Hall testified in Exhibit S~3 that the city has systematically
upgraded the city's water system to reduce losses in the system from 651 gallons in
1970 to 281 million gallons in 1988, and that:
EXHIBIT 'A' FINDINGS Page 15 Planning Action 90-057
"* * * This systematic upgrade of our water system has found a "source" of
water equal to the lowered losses, or abut 370 million gallons per year. The
1989 Beck Water Supply Report notes that a second source of water should
be on line by 1996. Later population projections extend that time by
another 5 years and water.conservation could extend the time even further.
Beck estimates 2 years for a water conservation program. * * *"
Regarding the water service main in Granite Street, Public Works Director Hail testified
in Exhibit S-3, that:
"The last section of old and undersized line from NutIey to North Main was
replaced in 1989. The remainder of the system is a 12" line which is more
than adequate for the entire area and proposed subdivision. There will be
no effect on other users of that system.
Sewerage Disposal and Treatment: Opponents testified that the city's sewer treatment
plant, and sewer lines serving the subject area are presently at capacity. (Exhibit O-11).
Public Works Director Hall testified in Exhibit S-3, that:
"* * * the sewage treatment plant is not near capacity. The spills and
capacity problem relate to a sewage pump station located immediately north
of the treatment plant that pumps sewage from the Bear Creek Sewer
Interceptor line to the headworks of the sewage treatment plant. The pump
station is at its' capacity and a new pump will be installed this year to boost
the capacity. Also, standby power (a diesel generator) will be installed at
the station to eliminate the problem with power failures."
"* * * the sewer lines in Granite Street do not need to be replaced as soon
as possible. The writer may be referring to the ~t0nn drain system which
did need to be replaced and has been replaced in 1989-1990."
Electrical Power: Opponents testified that periodic power outages along Granite Street
now occur about 3-5 times per month. The outages are caused by overloading switching
facilities. The new homes will not improve the situation.
In Exhibit S-5, a letter from Ashland Electric Utilities Director Al'Williams, states:
"i. I don't believe there are three to five outages along Granite Street per
month"
"2. We will not have a problem serving these lots. There is not an overload
problem on this line and if there was, we would replace it with a larger line
or install another phase to this area."
"3. The City's switching facilities are not overloaded, and we are working
with Bonneville Power to have a new substation installed so we will not
have a PrOblem in the future."
Conclusions of Law: In drawing conclusions, the city council relies primarily on the
testimony of the Ashland Public Works and Electrical Utility Departments. The city
EXHIBIT 'A' FINDINGS Page 16 Planning Action 90-057
council finds and concludes that the public facilities enumerated in the cited criteria are
available or will be made available to the project site prior to or concurrent with actual
development.
CRITERIA e. That the development of the land and provision of services
will not cause shortages of a necessary public facility in the surrounding
area, nor will the potential development of adjacent lands be impeded.
Findings of Fact: Refer to the Findings of Fact under the previously cited and
addressed criteria.
Conclusions of Law: Again the city council relies primarily on the testimony of the
Ashland Public Works and Electrical Utility Departments to find and conclude that the
provision of services will not cause shortages of any necessary facility in the
surrounding area. The council believes the facilities which are "necessary" are those
enumerated in Criteria 'd.'
Regarding whether the approved project has a potential to impede the development of
adjacent lands, the council finds and concludes that based on the reasons given earlier
why the new street can not be extended serves to establish here why this project will not
impede the development of adjacent land. The council also agrees with the planning
commission that the availability of facilities in the area are such that their use by the
subject project will not impede an ability for other vacant lands in the area to develop
consistent with the comprehensive plan. In short, the development of other adjacent
lands may be difficult or impossible due to steep terrain, but that approval for
development of the subject property does not, in itself, serve to impede the development
of adjacent lands. The city council in summary conclusion finds that the approval is
consistent in all respects with the requirements of the cited criteria.
CRITERIA f. That there are adequate provisions for the maintenance of
open space and common areas, that if developments are done in phases
that the early phases have the same or higher ratio of amenities as
proposed in the entire.
Findings of Fact:
The applicant proposes to retain as undisturbed common area and to dedicate to the city
for perpetual open space a total of approximately 13.3 acres in Tax Lots 400,
(39-1E-8DC) and 900, (39-1E-8DD). (Exhibit P-6). The areas proposed to remain as
undisturbed open space are the most heavily wooded portions of the property.
The applicant testified that the common area would be held in common by the future
owners of the five lots to be created by the development.
The Exhibit S-1 final Order of the planning commission states the applicants intention to
leave the common area "essentially in a natural state", and to form a homeowners
association, the form for which will be reviewed by the city attorney prior tO approval of
the final plan.
EXHIBIT 'A' FINDINGS Page 17 Planning Action 90-057
It was stated by the planning department staff during the staff report portion May 8,
1990 public hearing that the.common area proposed for dedication would be maintained
by the homeowners.
The applicant's agent testified that the project is not planned to be constructed in stages.
Conclusions of Law: The terrain of the common area prevents its utlizafion for other
than a natural buffer, and the city council believes it is the applicant's intention to leave
the common area in a natural and undisturbed state. As such, little or no maintenance
will be required. The city council further believes it is the applicants intention to form a
homeowners association to deal with .use and enjoyment of the common area. As such,
the city council finds and concludes that the planned existence of a homeowners
association will be adequate to deal with what ever maintenance is required. The city
council further concludes that the project will not be constructed in phases, but that it
will be build all at the same time. On these bases, the city council finds for consistency
with the cited criteria.
CRITERIA g. That the total energy needs of the development have been
considered and are as efficient as is economically feasible, and the
maximum use is made of renewable energy sources, including solar,
where practical.
Findings of Fact:
The applicant's agent testified in Exhibit P-1 that the homes will be constructed to
incorporate "good cents" construction practices, and that the homesites meet the city's
solar setback requirements, ensuring there will be no shading of south-facing solar
collectors.
The Exhibit S-1 final Order of the planning commission indicates applicants agreement
to construct all of the homes in such a manner as to meet the city's energy efficient
standards.
Bicycle and pedestrian transportation networks exist within adjacent Lithia Park, and
these facilities connect to downtown Ashland. Downtown Ashland contains a full range
of retail and governmental services.
The Exhibit S-6 staff report, and Exhibit P-4 plan indicate a calculation for a 20%
density bonus for energy efficient design.
A sidewalk is required on the new street serving the subject project. The sidewalk
terminates at Granite Street. Across Granite Street is Lithia Park wherein there are
bicycle and pedestrian transportation facilities.
Conclusions of Law: The city council finds and concludes that the total energy needs
of the project relate, to space heating and transportation related energy consumption.
The space heating needs were dealt with through consideration of solar access, and
energy efficient construction practices. The transportation related energy considerations
were weighed by the location of the subject property in relation to the location of
alternative transportation networks and proximity to the location of retail goods and
EXHIBIT 'A' FINDINGS Page 18 Planning Action 90-057
governmental services. On these bases, the council f'mds for consistency with the cited
criteria.
CRITERIA h. That all other applicable City Ordinances will be met by the
proposal.
Findings of Fact: No facts or argumentation was presented by any party to suggest
noncompliance with city ordinances other than applicable portions of the Ashland Land
Development Ordinance, and these were dealt with herein under Criteria 'a' 'of ALUO
18.88.030(4).
Conclusions of Law: The city council finds and concludes that the project complies
with all other hpplicable city ordinances.
Summary Conclusions of Law: Based on the f'mdings of fact and conclusions of
law contained herein, and upon the record of the public hearing on the matter, it is found
and concluded that the subject application is consistent with all of the applicable criteria.
EXHIBIT 'A' FINDINGS Page 19 Planning Action 90-057