HomeMy WebLinkAbout1990-068 Findings - HoughtonBEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON,
IN THE MATTER OF PLANNING ACTION # 90-168, REQUEST FOR A
FINAL PLAN MODIFICATION TO MODIFY THE STREET LOCATION
AND LOT LAYOUT FOR A PREVIOUSLY APPROVED 18-LOT SUB-
DIVISION. MODIFICATION INVOLVES THE RELOCATION OF
THE INTERSECTION OF THE PROPOSED LOGAN DRIVE AND SCENIC
DRIVE APPROXIMATELY 60' TOWARDS THE SCENIC/GRANDVIEW )
INTERSECTION AND THE ASSOCIATED MODIFICATION OF LOT LINES.)
NO MODIFICATION IN THE NUMBER OF LOTS IS PROPOSED. )
APPLICANT: ED HOUGHTON )
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) FINDINGS,
) CONCLUSIONS,
.) AND ORDERS
RECITALS:
1) Tax lot 6900 of 391E 8AA is located near the intersection of
Scenic and Grandview and is zoned R-l-lO-P; Single Family Residential.
2) The applicant is requesting a Final Plan modification to modify
the street location and layout for a previously approved 18-lot
sub-division. Modification involves the relocation of the
intersection of the proposed Logan Drive and Scenic Drive
approximately 60' towards the Scenic/Grandview intersection and the
associated modification of lot lines. No modification in the number
of lots is proposed. The new street location is outlined on the site
plan on file at the Department of Community Development.
3) The criteria for Final Plan approval are outlined in Chapter 18.88
and are as follows:
Final Plan approval shall be granted upon finding the substantial
conformance with the outline plan. Nothing in this provision shall
limit reduction in the number of dwelling units or increased open
space provided that, if this is done for one phase, the number of
dwelling units shall not be transferred to another phase, nor the open
space reduced below that permitted in the outline plan. This
substantial conformance provision is intended solely to facilitate the
minor modifications from one planning step to another. Substantial
conformance shall exist when comparison of the outlined plan with the
final plan shows that:
a) The number of dwelling units vary no more than 10% of those shown
on the approved outline plan, but in no case shall the number of units
exceed those permitted in the outline plan.
b) The yard depths and distances between main buildings vary no more
than 10% of those shown on the approved outline plan, but in no case
shall these distances be reduced below the minimum established within
this Title.
c) The open spaces vary no more than 10% of that provided on the
outline plan.
(1)
d) The building size does not exceed the building size shown on the
outline plan by more than 10%.
e) The building elevations and exterior material are in conformance
with the purpose and intent of this Title and the approved outline
plan?
f) That the additional standards which resulted in the awarding of
bonus points in the outline plan approval have been included in the
final plan with substantial detail to ensure that the performance
level committed to in the outline plan will be achieved.
g) Any amendment to an approved Final Plan shall follow a Type I
procedure.
4) The Planning Commission, following proper public notice, held a
Public Hearing on August 14, 1990, at which time testimony was
received and exhibits were presented. The Planning Commission denied
application, noting that the applicant had failed to meet the burden
of proof.
5) The City Council, following proper public notice, held a Public
Hearing on August 2, 1990, at which time testimony was received and
exhibits were presented. The City Council denied the appeal, noting
that the applicant had failed to meet the burden of proof.
Now, therefore, the City Council of the City of Ashland 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
and "M".
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received the
information necessary to make a decision based on a Staff
Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal to modify the
street location and layout for a previously approved 18-lot
sub-division does not meet the criteria for approval for Final
Plan as outlined in Chapter 18.88.030 B.
(2)
The criteria for approval is that the proposed location of
of Logan Drive be in substantial conformance with the
outline plan. The Council finds that the location of
Logan Drive, where it was to enter Scenic, was ambiguous
in that two locations were equally possible, each
substantially different from the other. Accordingly, it
appears necessary for the final plan to be amended so
as to establish a precise approved location for Logan
Drive to enter Scenic. The Council further finds that
there is not now an approved location for that intersection.
As for the presently proposed location, the Council finds
that from a standpoint of traffic safety, other locations
should be explored and this planning action is denied.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
City Council concludes that the request for Final Plan Modification to
modify the street location and lot layout for a previously approved
18-lot sub-division is not supported by the evidence contained within
the whole record.
Therefore, based on our overall conclusions, and upon the proposal
being subject to each of the following conditions, we deny Planning
Action ~90-168.
ATTEST - CITY RECORDER
Date
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