HomeMy WebLinkAbout2006-075 Findings - Clay St. Annexation
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, OREGON
IN THE MATTER OF PLANNING ACTION #2004-141, )
A REQUEST FOR APPROVAL OF ANNEXATION, )
COMPREHENSIVE PLAN AND ZONE MAP CHANGE; )
FOLLOWING APPROVAL BY PLANNING COMMISSION )
OF AN OUTLINE PLAN AND SITE REVIEW FOR A )
117-UNIT DEVELOPMENT UNDER THE PERFORMANCE)
STANDARDS OPTION, AN EXCEPTION TO STREET )
STANDARDS AND A TREE REMOVAL PERMIT )
)
PROPERTY LOCATION: 380 CLAY STREET )
COUNTY ASSESSOR'S MAP: 39-1E-11C, TAX LOT 2500 )
)
APPLICANT: D and A Enterprise )
)
FINDINGS OF FACT
FINDINGS,
CONCLUSIONS,
AND ORDERS
1 . The real property which is the subject of this land use and/or limited land use
decision is located in Jackson County, Oregon, and is described by County
Assessor's map designation as: 39-1E -11C, Tax lot 2500 (the "Property"). The
address of the Property is: 380 Clay Street, Ashland, Oregon 97520.
2. The Property is currently located in the unincorporated area of Jackson County
and is zoned RR-5. The Property is located within the urban growth boundary of
the City of Ashland ("City"). City's Comprehensive Plan designates the Property
for annexation into City for "Multi-Residential" use, with a proposed City zoning of
designation of "R-2" upon annexation.
3. On or about November 30, 2004, Applicant duly submitted a land use and/or
limited land use application to City for approval of an Outline Plan under the
performance standards option, site review, a tree removal permit, and an
exception to City of Ashland's local street standards, subject to reasonable
conditions pertaining to the appropriate development of the site under the
relevant criteria (the "Application").
4. On February 8, 2004 and June 14, 2005, City's Planning Commission, after
proper public notice, duly held public hearings on the Application. At the public
hearings, testimony was received and exhibits were presented to the Planning
Council Findings, Conclusions, and Orders (Planning Action #1004-141)
Page -1-
Commission. The public hearing process was then closed. The Planning
Commission deliberated, and unanimously approved the Application subject to
certain conditions. Additionally, the Planning Commission forwarded to the
Ashland City Council ("Council") a recommendation that the Property be
approved for annexation into the City under AMC 18.106, with appropriate
changes being made to City's Comprehensive Plan and Zoning Map to
implement the annexation.
5. On July 26, 2005, City's Planning Commission duly issued its Findings,
Conclusions and Orders approving the Application with conditions. A true copy
of the Planning Commission's Findings, Conclusions and Orders is attached
hereto as Exhibit "An, and incorporated herein by reference as though fully set
forth.
6. The Planning Commission's Findings, Conclusions, and Orders granting
approval of the Application, subject to certain conditions set forth therein, was
not appealed. The Planning Commission's Findings, Conclusions, and Orders,
attached as Exhibit "An, thereafter became a final land use and/or limited land
use decision.
7. In compliance with the Ashland Municipal Code, the Application was thereafter
forwarded to Council in the form of a request for annexation, with the appropriate
concurrent Comprehensive Plan and Zoning Map change from the current
Jackson County zoning ("RR-5") to City of Ashland zoning ("R-2" -- Low Density
Multi-Family Residential).
8. On March 21, 2006, Council, a quorum being present, and after proper public
notice, held a public hearing on Applicant's request for annexation, along with
the requested concurrent Comprehensive Plan and Zoning Map changes.
During the Council's public hearing, testimony and exhibits were offered and
received. The public hearing was then closed, and Council deliberated and
considered the relevant criteria. Council then voted to approve Applicant's
request for annexation, and Comprehensive Plan and Zoning Map changes,
subject to conditions, as more fully set forth below.
9. The procedure, application requirements, and approval standards for
annexations to be applied by Council in reviewing the Application are set forth in
AMC 18.106.010; 18.106.020; and 18.106.030. Council's findings for approval
address these criteria below.
10. 18.106.010 Procedure
All annexations shall be processed under the Type III procedure. (ORD 2791,
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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1997.) Finding: City duly processed the Application in conformity with the
Type III procedures established In the AMC. This criterion is met.
11 . 18.106.020 ADDllcation
Except for annexations initiated by the council or commission pursuant to section
18.106.025, application for annexation shall include the following information:
A. Consent to annexation which is non-revocable for a period of one year from its
date. Finding: Applicant provided the necessary consent to annexation,
which was non-revocable for one year. This criterion is met.
B. Agreement to deposit an amount sufficient to retire any outstanding
indebtedness of special districts defined in ORS 222.510. Finding: Said
agreement was duly provided by Applicant to City, and is in the custody of
the City Recorder. This Criterion is met.
C. Boundary description and map prepared in accordance with ORS 308.225.
Such description and map shall be prepared by a registered land surveyor. The
boundaries shall be surveyed and monumented as required by statute
subsequent to Council approval of the proposed annexation. Finding: Applicant
provided a description and map prepared by registered land surveyor,
subsequent to Council approval, in connection with final plat. This
criterion is met.
D. Written findings addressing the criteria in 18.106.030. Finding: this criterion
is met by the findings set forth below, and incorporated by reference here.
This criterion is met.
E. Written request by the property owner for a zone change. Provided, however,
no written request shall be necessary if the annexation has been approved by a
majority vote in an election meeting the requirements of Section 11 g of Article XI
of the Oregon Constitution (Ballot Measure No. 47). (ORD 2792, 1997).
Finding: In connection with Applicant's request for annexation into City,
Applicant requested that the zoning designation be concurrently changed
from its current County designation (RR-5), to the proposed City zoning as
reflected in City's Comprehensive Plan (R-2). This annexation request was
not made pursuant to Oregon Ballot Measure No. 47 or Section 11g of
Article XI of the Oregon Constitution. Rather, this application for
annexation was initiated by Applicant, and only involved a request for
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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annexation of real property owned by Applicant. The portions of City's
Municipal Code ("AMC") relating to land use have been duly acknowledged
by the State of Oregon's Land Conservation and Development Commission
("LCDC"), including those portions of the AMC relating to annexation of
land within City's Urban Growth Boundary ("UGB"). This criterion is met.
12. 18.106.030 Approval standards
An annexation may be approved if the proposed request for annexation
conforms, or can be made to conform through the imposition of conditions, with
the following approval criteria:
A. The land is within the City's Urban Growth Boundary. Finding: The land
which is the subject of the Application is completely within the City of
Ashland's UGB. This criterion is met.
B. The proposed zoning for the annexed area is in conformance with the
designation indicated on the Comprehensive Plan Map, and the project, if
proposed concurrently with the annexation, is an allowed use within the
proposed zoning. Finding: The Property is designated in City's
Comprehensive Plan for eventual annexation into City with a zoning
designation of "R-2". The project proposed by Applicant is an allowed use
within the "R-2" zone. This criteria is met.
C. The land is currently contiguous with the present City limits. Findings: The
land which is the subject of this application is currently contiguous with
the present City limits. In fact, Applicant's land and the adjoining 5 acre
parcel to the North are surrounded on all sides by land already within the
City. The Applicant's Property and the parcel immediately adjacent to the
North form an "island" of County land, otherwise completely surrounded
by land within the City. This fact makes the City's findings herein
compelling. If the subject parcel was proposed to be developed as two
parcels under the current County RR-5 zoning, then such development
would be contrary to City's current policies, given the City's
Comprehensive Plan designation and the physical attributes of this
property. This criterion is met.
D. Adequate City facilities for the provision of water to the site as determined by
the Public Works Department; the transport of sewage from the site to the waste
water treatment plant as determined by the Public Works Department; the
provision of electricity to the site as determined by the Electric Department;
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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urban stonn drainage as detennined by the Public Works Department can and
will be provided to and through the subject property. Unless the City has
declared a moratorium based upon a shortage of water, sewer, or electricity, it is
recognized that adequate capacity exists system-wide for these facilities.
Finding: City's Public Works Department has determined that these
services are either currently adequate, or will be adequate to accommodate
Applicant's proposed development when Applicant complies with the
conditions of approval set forth below. This criterion is met.
E. Adequate transportation can and will be provided to and through the subject
property. Finding: The Application, with the required conditions of approval
set forth below, meets the criteria, as set forth below.
For the purposes, of this section "adequate transportation" for annexations
consists of vehicular, bicycle, pedestrian and transit transportation meeting the
following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully
improved collector or arterial street. All streets adjacent to the annexed area
shall be improved, at a minimum, to a half-street standard with a minimum 20'
driving surface. The City may, after assessing the impact of the development,
require the full improvement of streets adjacent to the annexed area. All streets
located within annexed areas shall be fully improved to city standards. Where
future street dedications are indicated on the City's Street Dedication Map or
required by the City, provisions shall be made for the dedication and
improvement of these streets and included with the application for annexation.
Finding: This criterion was fully addressed during the public hearing and
substantial evidence in light of the record satisfies this criterion. See:
Applicant's site plan and supporting documents, along with the conditions
of approval. This criterion is met.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can
and will be constructed. Should the annexation be adjacent to an arterial street,
bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle
destinations from the project site shall be detennined and safe and accessible
bicycle facilities serving those destinations shall be indicated. Finding: this
criterion was fully addressed during the public hearing and substantial
evidence in light of the record satisfies this criterion. See: Applicant's site
plan and supporting documents, along with the conditions of approval.
This criterion is met.
3. For pedestrian transportation safe and accessible pedestrian facilities
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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exist, or can and will be constructed. Full sidewalk improvements shall be
provided on one side adjacent to the annexation for all streets adjacent to the
proposed annexed area. Sidewalks shall be provided as required by ordinance
on all streets within the annexed area. Where the project site is within a quarter
of a mile of an existing sidewalk system, the sidewalks from the project site shall
be constructed to extend and connect to the existing system. Likely pedestrian
destinations from the project site shall be determined and the safe and
accessible pedestrian facilities serving those destinations shall be indicated.
Finding: this criterion was fully addressed during the public hearing and
substantial evidence in light of the record satisfies this criterion. See:
Applicant's site plan and supporting documents, along with the conditions
of approval. This criterion is met.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the local
public transit provider, provisions shall be made for the construction of adequate
transit facilities, such as bus shelters and bus turn-out lanes. All required
transportation improvements shall be constructed and installed prior to the
issuance of a certificate of occupancy for any new structures on the annexed
property. Finding: this criterion was fully addressed during the public
hearing and substantial evidence in light of the record satisfies this
criterion. See: Applicant's site plan and supporting documents, along with
the conditions of approval. This criterion is met.
F. For all residential annexations, a plan shall be provided demonstrating that the
development of the entire property will ultimately occur at a minimum density of
90% of the base density for the zone, unless reductions in the total number of
units is necessary to accommodate significant natural features, topography,
access limitations, or similar physical constraints. The owner or owners of the
property shall sign an agreement, to be recorded with the county clerk after
approval of the annexation, ensuring that future development will occur in accord
with the minimum density indicated in the development plan. For purposes of
computing maximum density, portions of the annexed area containing
undevelopable areas such as wetlands, floodplain corridor lands, or slopes
greater than 35%, shall not be included. Finding: this criterion was fully
addressed during the public hearing and substantial evidence in light of
the record satisfies this criterion. See: Applicant's site plan and supporting
documents, along with the conditions of approval.
G. For all annexations with a density or potential density of four residential units
or greater and involving residential zoned lands, or commercial, employment or
industrial lands with a Residential Overlay (R-Overlay):
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below '100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to
a non-profit (IRC 501 (3)(c) affordable housing developer or comparable
Development Corporation for the purpose of complying with subsection 2 above.
The land shall be located within the project and all needed public facilities shall
be extended to the area or areas proposed for transfer. Ownership of the land
shall be transferred to the affordable housing developer or Development
Corporation prior to commencement of the project.
The total number of affordable units described in this section G shall be
determined by rounding down fractional answers to the nearest whole unit. A
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Properties providing affordable units as part of the annexation process shall
qualify for a maximum density bonus of 25 percent. Finding: this criterion was
fully addressed during the public hearing and substantial evidence in light
of the record satisfies this criterion. See: Applicant's site plan and
supporting documents, along with the conditions of approval. More
specifically, Applicant agreed to meet above sub-criterion #4. This
criterion is met.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is
less than a five-year supply of vacant and redevelopable land in the proposed
land use classification within the current city limits. "Redevelopable land" means
land zoned for residential use on which development has already occurred but
on which, due to present or expected market forces, there exists the likelihood
that existing development will be converted to more intensive residential uses
during the planning period. The five- year supply shall be determined from
vacant and redevelopable land inventories and by the methodology for land need
projections from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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Plan, and that the applicant will obtain Site Review approval for an outright
permitted use, or special permitted use concurrent with the annexation request;
or
3. A current or probable public health hazard exists due to lack of full City
sanitary sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or
sanitary sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or
sanitary sewer service extended, connected, and in use, and a signed "consent
to annexation" agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded
by lands within the city limits. (ORD 2792, 1997; ORD 2895,2003.)
Finding: Both Applicant and City conducted independent inventories of
vacant and re-developable land within the City's limits. Applicant's
Application was, in fact, delayed in order that City could undertake and
complete said inventory, as required under sub-criterion #1 above. The
analysis by City's Staff, Applicant, and testimony and evidence presented
in the record and at the public hearing were duly considered by Council. In
light of the record as a whole, Council specifically finds that Applicant
meets sub-criterion #1 above, and that there is less than a five-year supply
of vacant and redevelopable land in the proposed land use classification
within the current city limits. This criterion is met.
13. EXHIBITS
Council finds that, 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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "Mil
14. The Council finds that it has received all information necessary to make a
decision, based on: A. review of the 313- page record received by Council prior
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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to the March 21,2006 public hearing (along with any additional later submittals
to the record prior to the commencement of the public hearing); B. the site visits
disclosed by Council members at the commencement of the public hearing; C.
the Staff Report and Staff presentation at the public hearing, and during the
public hearing itself; D. the public testimony offered and received by Applicant's
agents, proponents, opponents, and other members of the public during the
public hearing; and, E. the exhibits and documents received into the record both
before and during the public hearing.
15. The Council finds the Application, based on diligent review and careful
consideration of all of testimony, documentary evidence and argument identified
above, and subject to the conditions set forth below, meets all applicable review
criteria pertaining to Applicant's request (including AMC 18.106), based on
substantial evidence in light of the record as a whole.
16. The Council finds that it is appropriate, both as a matter of policy and under the
applicable review criteria, to annex Applicant's property into the City, and to
make the appropriate amendments to City's Comprehensive Plan and Zoning
Map to effectively consummate said annexation of land into City, with a City
zoning designation of "R-2".
17. The Council accepts and adopts the Findings, Conclusions and Orders of the
Planning Commission, attached hereto as Exhibit "A" (also set forth at pp. 16
through 24 of the Record before the Council) subject to the two additional
conditions set forth below (Condition # 27 and Condition #28). Condition # 27
and Condition # 28 are added by Council as additional conditions of approval for
Applicant's annexation request. Condition #1 through Condition #26 below are
the same conditions as those previously required by the Planning Commission in
connection with its approval of Applicant's request for outline plan and site
review, from exception to City's street standards, and a request for tree removal
permit (Record: pp. 16-24).
18. The Council finds that it is appropriate to annex the Property into City's fire
department, so that the Property will be served by Ashland Fire and Rescue
upon its annexation.
CONCLUSIONS AND ORDERS
A. Council incorporates by reference its Findings set forth above.
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
Page -9-
B. Based on the record of the Public Hearing in this matter, Council concludes
that the Applicant's request for annexation of the Property (39-1 E-11 C, Tax Lot
2500) into the City, along with the requested Comprehensive Plan and Zoning
Map change for the purpose of constructing a 117 -unit development (Planning
Action #2004-141), is supported by substantial evidence in the whole record, and
meets all applicable approval criteria.
C. Council approves Applicant's request for annexation, Comprehensive Plan
and Zoning Map change; and also approves Applicant's request for inclusion of
the Property into City's fire district upon annexation; all subject to the following
conditions of approval.
CONDITIONS OF APPROVAL
1) That all proposals of the applicant are conditions of approval unless otherwise
modified here.
2) That a consent to annexation form be completed, which is non-revocable for a
period of one year from its date.
3) That a boundary description and map be prepared in accordance with ORS
308.225. A registered land surveyor shall prepare the description and map. The
boundaries shall be surveyed and monuments established as required by statute
subsequent to Council approval of the proposed annexation.
4) That the applicant submit an electric distribution plan including loan calculations
and locations of all primary and secondary services including transformers,
cabinets and all other necessary equipment. This plan must be reviewed and
approved by the Electric Department prior to final Plan approval. Transformers
and cabinets shall be located in areas least visible from streets, while
considering the access needs of the Electric Department.
5) That a final utility plan for the project shall be reviewed and approved by the
Engineering Division and Building Division at the time of Final Plan. The utility
plan shall include the location of connections to all public facilities in and
adjacent to the development, including the locations of water lines and meter
sizes, sewer mains and services, manholes and clean-outs, storm drainage
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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pipes and catch basins.
6) That the identification, relocation and piping of existing irrigation facilities be
addressed at the time of Final Plan. The design, relocation and installation of
irrigation system shall be reviewed and approved by the Talent Irrigation District
prior to the City of Ashland approval of the final engineering construction
documents. The irrigation facilities shall be installed as part of the overall public
infrastructure requirements.
7) That the engineering design of all on-site storm water detention systems (Le.
wetland/detention system) shall be reviewed and approved by the Public Works
Department, Building Official and Staff Advisor prior to Final Plan approval and
the commencement of public infrastructure installation and the issuance of an
excavation permit. The design of the wetland/detention shall incorporate
required pollution control systems (if applicable), while the discharge shall be
designed so as not to significantly increase the volume of runoff beyond pre-
development amounts on the property to the north. The permanent maintenance
of on-site storm water detention systems must be addressed through the
project's CC&Rs and approved by the Public Works Department and Building
Division.
8) That the engineering construction drawings for Clay Street comply with City of
Ashland Local Street Standards. Clay Street shall be improved along the entire
frontage of the property. Improvements to Clay Street shall consistent
approximately with the following standards: 28 feet of pavement overlay width
(includes two travel lanes and an approximately six-foot bike lane), curb and
gutter, storm drains, 7.5' planting strip and a six-foot wide public sidewalk. The
Final Plan shall include profiles and cross sections, with erosion control and
slope stability methodologies installed consistent with the standards contained in
AMC 18.62.080B.
9) That a half street improvement including curb and gutter, storm drain facilities,
planting strip and public sidewalk be installed along the street frontage of the
neighboring property to the north (39 1 E 11 CV, #1100). The design of these
improvements shall be consistent with Ashland's Local Street Standards, allow
for a smooth transition to the adjoining sidewalk network and be provided at the
time of Final Plan. Such improvements shall be installed as part of the overall
public infrastructure requirements for the subdivision.
10) That an engineering design for a right turn only lane on southbound Clay Street
at Ashland Street shall be provided at the time of Final Plan approval. The
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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engineered design shall include the widening of payment width at the
intersection; installation of curb and gutter, storm drain facilities (if applicable)
and sidewalks from the Clay Street/Ashland Street intersection to and through
the bend (Le. elbow) in Clay street to the existing curb and sidewalk on the west
installed as part of the overall public infrastructure requirements for the
subdivision.
11) That the engineered construction drawings for all new public streets within the
project shall comply with City of Ashland Local Street Standards. The minimum
street width shall be no less than 22 feet in width at intersections (unless
permitted by the Ashland Fire Department), and a minimum width of 26 to 28
feet when accommodating on-street parking on both sides of the street. Plans to
include profiles and cross-sections, with erosion control and slope stability
methodologies installed consistent with the standards contained in AMC
18.62.0808.
12) That a street plug, one foot in width, be dedicated adjacent to public streets and
alleys that adjoin the north property boundary. In addition, a street plug shall be
dedicated along the eastern boundary of the project, between the public alley
and east property line.
13) That the engineered construction drawings for the project address the design
and installation of public multi-use pathways and fence gates from the project to
the City of Ashland Parks/Ashland Family YMCA Soccer Fields. The design of
the multi-use pathway shall be in accord with City Local Street Standards,
reviewed by the Director of the Ashland Parks Department, and approved by the
Staff Advisor prior to signature of the final survey plat or the installation of
improvements associated with the subdivision. That the development and
surfacing (Le. all weather surface) of the multi-use pathway at the south
boundary of the project be extended through the existing easement on the
adjoining parcel to the south (tax lots #200 and 201). A design for the pathway
shall be submitted at the time of Final Plan approval and installed as part of the
subdivision's public infrastructure.
14) That public easements shall be identified on the final survey plat for all multi-use
pathways. The project CC&Rs shall note that the pathways are for public use
and shall not be obstructed or through access to the east restricted unless
authorized by the City of Ashland and Ashland Parks Department.
15) That the requirements of the Ashland Fire Department, including but not limited
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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to hydrant placement and flow and apparatus access, shall be clearly identified
on the engineered construction drawings and reviewed by the Ashland Fire
Department at the time of Final Plan and approved prior to signature of the final
survey plat or the installation of improvements associated with the subdivision.
16) That all recommendations of the Ashland Tree Commission noted at their
February 3 and June 9, 2006 meetings, and consistent with Ashland's Site
Design and Use Standards and Tree Preservation Ordinance, shall be
incorporated into a revised Landscaping Plan (if applicable) prior to Final Plan
approval. The recommendations shall be included on a revised landscaping plan
and final irrigation plan at the time of submission of building permit.
17) That prior to any disturbance occurring on the site or the issuance of a building
permit, a Tree Verification Permit shall be applied for. Required Tree Protection
Measure (18.61.200) shall be instituted prior to any development activities,
including, but not limited to clearing, grading, excavation or demolition work, and
shall be removed only after completion of all construction activity, including
landscaping and irrigation installation.
18) That a final copy of the CC&Rs for the Homeowner's Association shall be
provided at the time of Final Plan and approved prior to signature of the final
survey plat. CC&Rs to describe responsibility for the pruning and continual
monitoring of the three poplar trees, maintenance of common area landscaping,
private driveways, multi-use pathways and on-site storm water detention
facilities. The Homeowner's Association is responsible for contracting with a
utility maintenance company for the maintenance of the storm water
wetland/detention facility. All parameters for maintenance of the facility,
including time lines and enforcement, shall be reviewed and approved by the
City Public Works Department and described in the CC&Rs.
19) That the project complies with the Affordable Housing Standards as described in
18.106.030G. Each affordable unit shall be identified and the required term of
affordability agreements (Le. in perpetuity) signed prior to signature of the final
survey plat, with proof of recording submitted to the City of Ashland Housing
Program Coordinator prior to issuance of a certificate of occupancy.
20) That the CC&Rs identify which units are subject to the City's Affordable Housing
requirements terms of affordability.
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
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II
21) That a Demolition/Move permit be issued for all applicable structures on the
property prior to signature of the survey plat.
22) That opportunity-to-recycle facilities shall be identified in conjunction with the
design of each building and in accordance with the standards described in
Section 18.72.115 of the Ashland Land Use Ordinance prior to issuance of a
building permit.
23) That the color, texture, dimensions, shape and building materials for all exterior
components of the project be included at the time of submission of building
permit. The information shall be consistent with the colors, texture, dimensions
and shape of materials and building materials proposed and approved as part of
the land use application.
24) That required bicycle parking shall be identified on plans submitted at the time of
building permit review. The parking shall be designed and installed consistent
with the standards described in 18.92.040.
25) That the applicant agrees to construct the project in accordance with the
approved plan and City ordinances and waives the right to file a claim under
Oregon Statewide Measure 37. The signed waiver shall be submitted to the City
of Ashland Legal Department for review and approval prior to signature of the
survey plat or adoption of a resolution or ordinance formally annexing the
property.
26) That prior to Final Plan submittal, the applicants shall submit a wetland
delineation and wetland mitigation/enhancement plan that has been reviewed
and approved by the Oregon Division of State Lands and Staff Advisor. Such
plans shall include civil engineering specifications for any water detention, water
treatment and water distribution.
27) That 50% of the affordable units shall be completed and occupied by qualified
households, at or below 60% area median income, prior to issuance of a
certificate of occupancy for the last of the first 50% of the market rate units. Prior
to issuance of a building permit for the final market rate unit, the final 50% of the
affordable units shall have been issued building permits. All affordable units
must be occupied, or a rental agreement or purchase agreement shall be
executed with qualified low-income households, prior to the issuance of a
certificate of occupancy for the final market rate unit. Purchasers or renters of
the designated affordable units shall be income qualified by the City of Ashland
Council Findings, Conclusions, and Orders (Planning Action #2004-141)
Page -14-
and the City shall be presented with copies of all rental or sales agreements
associated with the designated affordable units.
28) That an agreement be recorded requiring the poplar tree grove situated at the
southwest comer of the site to be protected and preserved in accordance with
the approved Tree ProtectionlTree Removal Plan (Applicant's Exhibit L-1). Any
modifications or amendments to the plan would be processed through a Tree
Removal Permit procedure. The southwest corner of the property as delineated
on the Tree ProtectionlTree Removal Plan (Applicant's Exhibit L-1) would not be
covered by Exempt Tree Removal Activities described in the Land Use
Ordinance. Further, the agreement would stipulate that further development of
the southwest corner that includes an increase in the number of residential units
shall include a percentage of residential units for purchase or rent to households
consistent with the requirements for annexation and commensurate with City of
Ashland resolution adopting a range of qualifying incomes.
The Ashland City Council hereby issues the above Findings, Conclusions, and Orders.
Dated:
b61A~
.
Notice: This is a land use and/or limited land use decision. Any appeal of this
decision to the Land Use Board of Appeals must be filed within 21 days of the
date of this decision, and must comply with the requirements of ORS Chapter
197; and OAR Chapter 660, Division 33 .
Council Findings, Conclusions, and Orders (Planning Action #1004-141)
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