HomeMy WebLinkAbout1989-102 Findings - Zone ChangeBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
November 21, 1989
IN THE MATTER OF PLANNING ACTION #89-158, REQUEST FOR )
ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FOR THE )
10.64 ACRES OF PROPERTY LOCATED NORTH AND ADJACENT TO )
BEAR CREEK ON NORTH MOUNTAIN STREET. )
APPLICANT: CITY OF ASHLAND )
)
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 200 and a portion of tax lot 300 of 391E 4DB is located
north and adjacent to Bear Creek 'and is zoned RR-.5-P, Low Density
Residential.
2) The applicant is requesting a Zone Change and Comprehensive Plan Map
change for the 10.64 acres of property. A site plan is on file at the
Department of Community Development.
3) Type III amendments are appllcable 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.
4) The Planning Commission, following proper public notice, held a
Public Hearing on September 13, 1989, at which time testimony was
received and exhibits were presented. The Planning Commission
recommended approval of the application as presented.
5) The City Council, following proper public notice, held a public
hearing on November 21, 1989, at which time testimony was received and
exhibits were presented.
Now, therefore, the city Council of the City of Ashland finds and
concludes as follows:
SECTION 1. FINDINGS
1.1 The city Council hereby incorporates by reference the Staff
Report noted as "Exhibit A", the Site Plan submitted by the
applicant noted as "Exhibit B", the Planning Commission minutes
from the public hearing on this proposal held on September 13,
1989, noted as "Exhibit C", and the City Council minutes from the
public hearing on this proposal held on November 21, 1989, noted
as "Exhibit D".
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 Section 18.08.030 of the Ashland Land Use Ordinance states
that: Type III 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 public welfare requires such an amendment. The City Council
believes proposed zone change and Comprehensive Plan Map amendment
are necessary in order to adjust to new conditions brought about
by revisions made to section 18.62 of the Physical & Environmental
Constraints ordinance, recently adopted by the Ashland City
Council.
Back in June, the City Council adopted a number of revisions to the
Physical & Environmental Constraints ordinance pertaining to
development within flood prone areas of the City. Specifically,
modifications were adopted which required that new lots created
from lots which contain Floodplain Corridor land must contain a
building envelope on all lot(s) which contain(s) buildable area of
sufficient size to accommodate the use permitted in the underlying
zone, unless the action is for open space or conservation measures.
This meant that a property owner who had land located within a
floodplain could not divide the property into more lots unless each
newly created lot had a buildable area outside the floodplain, on
which to place a structure.
This ordinance change is particularly pertinent to this
application. The total area of tax lot 300 is 15.3 acres. The Bear
Creek channel splits this property in half, and also represents the
division in zoning boundaries between R-l-5 and RR-.5. Under the
existing zoning, the portion of this property south of Bear Creek
has a base density of 23 units, whereas the portion of tax lot 300
north of Bear Creek has a base density of 11.5 units. A problem
~rises due to the location of the FEMA 100-year floodplain.
Approximately 71% of the portion south of Bear Creek, which allows
for greater densities, is within the 100-year floodplain, while
only 10% of the portion north of Bear Creek, which has a lower base
density, is within the 100-year floodplain.
Staff believes that is prudent to rezone that portion north of Bear
Creek, which has a lower percentage (30%) of land within the
floodplain, to R-i-10-P to accommodate higher urban densities. Tax
lot 200 would be included in this rezoning because it is owned in
common with tax lot 300, and would make for a more orderly zoning
boundary.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
City Council concludes that the proposal for a Zone Change and
Comprehensive Plan Map change for 10.64 acres is supported by
evidence contained in the whole record.
Therefore, based on our overall conclusions, we hereby approve
Planning Action #89-158.
Dated
this. ~ day of December, 1989
ATTEST:~
Nan
city
~. ~ranklin
Recorder
Catherine M. Golden
Mayor