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HomeMy WebLinkAbout2006-110 Findings - Munroe BEFORE THE CITY COUNCIL June 20th, 2006 IN THE MATTER OF PLANNING ACTION #2006-00282, A REQUEST FOR A LAND PARTITION TO CREATE TWO PARCELS, AN EXCEPTION TO STREET STANDARDS FOR A REDUCTION IN THE REQUIRED 24-FOOT DISTANCE BETWEEN DRIVEWAY CURB CUTS, AND A TREE REMOVAL PERMIT TO REMOVE TWO WILLOW TREES AT 521 FORDYCE STREET APPLICANT: ROBERT & CYNTHIA MUNROE ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ------------------------------------------------------------------------------------------------------------ RECITALS: 1) Tax lot 1300 of 39 IE 10 BB is located at 521 Fordyce Street and is zoned R-I-5P; Single-Family Residential. 2) The applicant is requesting a Land Partition to create two parcels, an Exception to Street Standards for a reduction in the required 24-foot separation between driveway curb cuts along Old Willow Lane, and a Tree Removal Permit to remove two Willow trees that are 18-inches or greater in diameter at breast height (d.b.h.), for the property located at 521 Fordyce Street. Details of the proposal are outlined in the plans on file at the Department of Community Development. 3) The criteria for a Land Partition are described in Chapter 18.76 as follows: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. Ashland Council Findings P A 2006-00282 June 20t\ 2006 Page 1 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibitedfrom the street. (amended Ord. 2757, 1995) 4) The criteria for a Tree Removal Permit are described in Chapter 18.61 as follows: A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 2 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the buildingfootprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. 5) Further, the criteria for an Exception to Street Standards are described in Chapter 18.88 as follows: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. 6) The Ashland City Council, following proper public notice, held a Public Hearing on June 20th, 2006 at which time testimony was received and exhibits were presented. The City Council approved the requests for a Land Partition to create two lots, Tree Removal Permit to remove two Willow trees, and Exception to Street Standards for a reduction in the required 24-foot distance between driveway curb cuts, subject to conditions pertaining to the appropriate development of the site. Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 3 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 "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal meets all applicable criteria for a Land Partition as described in the Partitions Chapter 18.76. The proposed parcels comply with the minimum size and dimensional requirements of the ordinance. Utilities to service the newly created parcels are available within the Old Willow and Fordyce Street rights-of-way, and within an existing easement along the parent parcel's northerly boundary. 2.3 The City Council finds that the proposal meets all applicable criteria for a Tree Removal Permit as described in the Tree Preservation and Protection Chapter 18.61. The arborist's report provided establishes that one of the two significant Willow trees proposed for removal is a hazard, and that the other, while deemed to be in fair condition, is in decline to a degree that it is too close to the proposed envelope to survive construction. 2.4 The City Council finds that the proposal meets all applicable criteria for an Exception to Street Standards as described in the Performance Standards Options Chapter 18.88. The City Council finds the Exception to Street Standards to be justified due to the existing sunken grade of the sidewalk, the presence of the large, healthy tree that the applicants hope to preserve, and the fact that the proposed placement provided for a better offset between the driveway location and the alley across the street. The City Council further finds that the anticipated traffic counts on Old Willow Lane were sufficiently low to minimize potential vehicular conflicts that might result from the proposed driveway placement. Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 4 SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that this application that includes a partition of the property into two lots, removal of two Willow trees, and an Exception to Street Standards to allow a reduction in the required 24-foot separation between driveways is supported by evidence contained within the record. 3.2 Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve the Land Partition to create two parcels, Tree Removal Permit to remove two Willow trees, and Exception to Street Standards to allow a reduction in the required 24- foot separation between driveways on Old Willow Lane, for 521 Fordyce Street as Planning Action #2006-00282. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00282 is denied. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified below. 2. That a final survey plat shall be submitted to the City for review within 12 months of this approval. 3. That all easements for sewer, water, electricity, drainage, and TID shall be shown on the final survey plat as required by the City of Ashland Engineering Division. 4. That a 15 foot wide public utility easement along the northern portion of Lot A shall be shall be indicated on the final survey plat. This easement is primarily intended to benefit the newly created Lot B, but also provides existing services to 1269 Old Willow Lane through an existing easement in the same area. 5. That the electric service shall be installed underground to service both parcels prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid as well) as an alternative to installation of service prior to signature of the final survey plat. In either case, an electric service plan shall be provided by the applicants for the review and approval of the Engineering, Building and Electric Departments prior to signature of the final survey plat. 6. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for both parcels prior to the signature of final survey plat. 7. That a final utility plan for the parcels shall be submitted for review and approval by the Engineering Division and Building Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. 8. That a Drainage Plan shall be submitted for the review and approval of the Engineering and Building Divisions prior to issuance of a building permit for Lot B. Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 5 9. That the existing curb cut at the southeast comer of Lot A, at the intersection of Old Willow Lane and Fordyce Street, shall be removed under permit from the Public Works Division, inspected and approved prior to signature of the final survey plat. 10. Preliminary engineered drawings for the sidewalk improvements associated with removal of the curb cut at the southeast comer of Lot A and for driveway installation on Lot B shall be submitted for review and approval of the Planning and Engineering Departments prior to their installation. The improvements shall be installed to city standards and under permit from the Ashland Public Works Department. 11. That the accessory building (shop/garage) on the proposed Lot B shall be removed prior to signature of the final survey plat. If the structure is 500 square feet or larger, a Demolition/Relocation Review Permit approval in accordance with AMC 15.04.210 shall be obtained prior to removal of the structure. 12. That no obstructions including landscaping, fences or structures greater than two and one half feet high shall be placed in the vision clearance areas adjacent to the driveways or at the comer of Fordyce Street and Old Willow Lane, in accordance with 18.92.070.D. 13. That all requirements of the Ashland Fire Department shall be met, including that all addressing shall be approved prior to being installed, prior to issuance of the certificate of occupancy. 14. That all recommendations of the project arborist's report shall be conditions of approval, including but not limited to the installation of any underground utility lines being routed outside of tree protection zones or as a last resort directionally bored under them. Particular attention shall be paid to utility installation or removal within the vicinity of the tree protection zones of trees #6 & #7 at the northeast comer of the parcel; all trenching shall be routed outside of the tree protection zones, and if this proves impossible, then the utility lines shall be installed using directional boring beneath the trees rather than using standard trenching. 15. That prior to removal of tree #17, the Callery Pear street tree at the southwest comer of the proposed Lot B, a street tree removal permit shall be obtained. Prior to the issuance of a certificate of occupancy for a structure on Lot B, the applicants shall work with Planning Staff and the Tree Commission to relocate this tree elsewhere within the parkrow planting strip along Old Willow Lane, however if this proves to be impossible a site-appropriate replacement tree from the Recommended Street Tree List shall be placed elsewhere in the planting strip along Old Willow Lane. 16. That two trees to replace the willows proposed for removal by the applicants shall be planted on site, or other mitigation measures as listed in AMC 18.61.084 completed, prior to the issuance of a certificate of occupancy for a structure on the newly created Lot B. Tree species selection and location shall be approved by the Staff Advisor prior to planting. 17. That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the approved trees on site and prior to site work, storage of materials and/or the issuance of the building permit. The Verification Permit is to inspect the Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 6 identifications of trees to be removed, as well as the installation of tree protection fencing for trees to be retained. The tree protection shall be installed according to the approved Tree Protection Plan prior to any site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.8. 18. That all recommendation of the Tree Commission, with final approval of the Staff Advisor, shall be conditions of approval, incorporated into the revised Tree Protection Plan and submitted for review and approval of the Staff Advisor prior to the issuance of building permit, or prior to any sitework or storage of materials on site. The revised Tree Protection Plan shall identify the multi-trunked tree located behind Tree #8 and provide a measurement of the tree at its most narrow point before it splits into multiple trunks. 19. That all easements, including public utility easements, shall be identified on the building permit submittals. 20. That both newly created parcels shall be subject to Solar Setback Standard A in accordance with 18.70.040.A. Solar setback calculations and an elevation or cross section identifying the highest shadow producing point and its height from natural grade shall be submitted with the building permit. 21. That calculations shall be submitted demonstrating that a 21-foot high structure can be placed on Lot B based on a Standard A Solar Setback that does not exceed 50 percent of the lot's north-south lot dimension, or a solar envelope and written description of its effects demonstrating compliance with Solar Standard A shall be submitted, prior to signature of the final survey plat as required in Chapter 18.70.050 of the Solar Ordinance. 22. That individual lot coverage shall not exceed 50% of the lot area in accordance with 18.20.040.F. Lot coverage calculations shall be submitted with building permit applications for either parcel. 23. That street trees, one per 30 feet of street frontage, shall be installed on both street frontages prior to the issuance of a certificate of occupancy for the newly created lot. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. 24. At the time of construction on the proposed Lot B, sidewalk modifications to install driveway/curb cut shall be done under permit from the City of Ashland Public Works Division, and inspected and approved prior to the issuance of a certificate of occupancy for the new home. Ashland Council Findings P A 2006-00282 June 201\ 2006 Page 7 25. That the front ofthe house to be constructed on Lot B shall be no further from Old Willow Lane than the front of the garage to be constructed on Lot B. c:r-- lfqlo? ( Date Ashland Council Findings P A 2006-00282 June 20th, 2006 Page 8