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HomeMy WebLinkAbout1981-053 Findings - PA #81-25 Lithia Homes PLANNING ACTION #81-25 is a request for a 45-unit Planned Unit Development proposed at 538 Granite St . The request involves four phases over a 10-year time frame . There are 28 attached units and 17 detached units proposed. Comprehensive Plan designation: Rural Residential . Zoning : RR- .5 (Rural Residential) . Assessor's map # : 17 AA. Tax lots : 2200 , 1101, 1102 . APPLICANT: Lithia Homes , Inc. The Planning Commission' s recommendations reduced the total number of units to 28 and attached 37 conditions for approval. The appeal was filed by the developer and also by affected property owners in the vicinity. The appeal was heard July 14, 1981, at the Ashland Senior High School English Lecture Hall , with five Councilmembers and the Mayor present . \ In reviewing the data and testimony which are in the records of Planning Action #81-25 , we make the following findings regarding the appeal by the applicant : 1) The Planning Commission made its findings and conclusions based on evidence already in the record which went largely uncon- tested by the applicant. 2) The Planning Commission was correct in its determination that 11 acres of the property were so remote that they were unusable as common open space, and, therefore, should be deleted from the consideration of computing the allowable density for the project. 3) The applicant produced no evidence that the conditions attached by the Planning Commission were unreasonable or were not related to the general public health, safety, or welfare . We therefore deny the appeal by the applicant . In regards to the appeal by the property owners , we make the follow- ing findings : 1) The Planning Commission did not err in allowing two dwelling units per acre for the remainder of the property. There was no evidence submitted which indicated that the Planning Com- mission should have done otherwise . 2) The Planning Commission adequately considered the negative impact on the neighborhood and mitigated them as much as possible. 3) We found there was no evidence submitted which would indicate that a reduction in the number of units would substantially meet the intent and purpose of the Performance Standards in any way better than that already found by the Planning Commission. -1- In reviewing the total evidence in the record, we hereby approve Planning Action #81-25 with the following findings of fact and conditions attached: 1) That 11 acres of the proposal are in excess of 55% average slope . 2) That there exists evidence in the report "Slope Stability & Mass Wasting in the Ashland Creek Watershed, " March 1975 , by Sandra A. Wilson and B.G. Hicks for the U.S . Forest Service, that land in excess of 52% is subject to spontaneous mass wasting. 3) That disturbing the land which has a slope in excess of 52% would be unsafe due to the potential for landslides and mass wasting. 4) That attempting to develop the entire property with homesites would not be feasible and would be unsafe due to geologic hazards . 5) That transferring the density of the undevelopable acres to other portions of the property would result in densities which are inappropriate for the rural residential zoning of the property and would not be in keeping with the character of the neighborhood. 6) That the Ashland Comprehensive Plan states that "slope protec- tion and lot coverage performance standards shall be used to fit development to topography, generally following the concept that density should decrease with an increase in slope . " This project, as originally proposed, had not decreased density due to slope, but simply transferred it to the more buildable areas of the site . 7) That the original proposal of 45 units would violate the intent of the Comprehensive Plan designation of rural residential zones which are "areas meant to be at fairly low densities , up to 2 dwelling units per acre , with a predominance of single- family homes on large lots . " 8) That the Performance Standards Guidelines clearly state that open space should be accessible and usable , and should be part of the dialy life of the residents of the project . Eleven acres of the open space areas shown in the original proposal are so steep and so far from the developed areas that the lands are essentially unusable as open space . Therefore, the purpose and intent of the Performance Standards code cannot be met with the project density as it was originally proposed. -2- I ' 9) That , in order to meet the intent of the City ' s Comprehensive Plan, Land Use Ordinance, and Performance Standards Guidelines , it is necessary to reduce the density of the project from 45 units to 28 units . 10) That reducing the project to 28 units would reduce the poten- tial traffic impact on Lithia Park and Granite St. 11) That discounting 11 unbuildable acres from the total project density because of slope would still allow the applicant to a) receive a density bonus for this land dedicated as open space, and b) more importantly, it would be computed in the overall lot coverage percentage . If this discounted land were not included, lot coverage would be reduced to such an extent that it would be almost impossible to build even a few struc- tures on the buildable portions of the property. 12) That there exists adequate public facilities to service the project during and after construction. 13) That Section 18 . 88. 030(5) (b) of the Ashland Land Use Ordinance gives the Planning Commission the authority to require changes , or impose conditions of approval which are necessary in its judgment to ensure conformance with the outline plan approval section and the purpose and intent of the Performance Standards Ordinance Chapter. 14) That there exists a number of unknown quantities in this pro- posal , due to the lack of knowledge about development in this area and the lack of information regarding development of the area presented by the applicant . Because of this , it may be necessary to further modify the project during the final plan phases due to information which will surface during the more detailed design and construction phases . 15) That there exists authority in the City Land Use Ordinance, Fire Code , and Building Code to set the following attached conditions . 16) That the proposal, with attached conditions , minimizes the impact of the project on the neighborhood, Granite St. , and- the Park as much as is feasibly possible . 17) That, in order to meet the intent of the City ' s Comprehensive Plan, Land Use Ordinance , and Performance Standards Guidelines , it is necessary to attach conditions to the approval . Without each and every one of the conditions , the proposal cannot satisfy the required findings that must be made to grant approval of the request. 18) That there was additional evidence submitted to the Council -3- I that this area contains a significant danger of wildfire , and the project did not have any method to minimize the danger of wildfire . Based on our overall conclusions and upon the development being subject to each of the following conditions , we approve Planning Action #81-25 . Further, if any one or more of the following condi- tions are found to be invalid, for any reason whatsoever, then Planning Action #81-25 is denied. The following are the conditions and they are attached to the approval : 1) Due to the large amount of unbuildable land, all land shown on the map as being dedicated for common open space and over 55% in average slope shall not be counted for density. 2) That no more than the following number of units be built in each of the phases : a) Phase I - no more than 7 units b) Phase II - no more than 8 units c) Phase III - no more than 7 units d) Phase IV - no more than 6 units for a total of no more than 28 units total . 3) That the following areas be included with each of the phases : a) Phase I - at least 6 .4 acres . b) Phase II - at least 7 . 3 acres c) Phase III - at least 6 .4 acres d) Phase IV - at least 5 . 5 acres 4) That the applicant sign in favor of future street improvements to the portion of Granite St. which would not be paved, as shown on the site plan. 5) That there shall be no vehicular access to Granite St . other than the single entrance for the major subcollector road. 6) That Granite St. be paved as indicated on the outline plan and the plans be approved by Public Works prior to approval of Phase I of the project, or a local improvement district be formed. If construction of the homes begins before the road is paved, the applicant would be required to take dust-control measures to the satisfaction of the Public Works Dept . 7) That all the roads in each phase of the development be built to City street standards and be approved by the City Engineers and inspected by City Engineers prior to any building construc- tion commencing on the property. 8) That the width of the major roads be 20 ft. throughout their entire length and that all necessary public easements be dedi- cated to the requirements of the City' s Public Works Dept . -4- 9) That at least one trail be paved with an all-weather surface throughout the length of the project to replace conventional sidewalks . 10) That all retaining walls on the roads be designed to the satisfaction of the City ' s Public Works Dept. , and any re- taining walls necessary during construction be designed to the satisfaction of the City' s Building Official. 11) That water line easements required by Public Works be dedi- cated prior to Phase I plat approval. 12) That there be no gate or other visible restriction to access to the roads . A sign of up to 2 sq . ft . may be permitted indicating that the roads are private property. 13) That the storm water drainage system be approved by the Director of Public Works prior to approval of each phase of the project, that storm drainage into Ashland Creek be designed as to not erode in any way the creek by hydraulic head generated by the great height of the project . 14) That all units on the project be set back at least 50 ft . from project boundaries if there is a single-family residence within 30 ft. of the project boundaries . Otherwise, that all units meet all setback standards applicable to the RR- .5 zone . perimeter. 15) That recreational improvements detailed in the final plan phase in accordance with the presentations in detailing of uses in the recreational areas that are presented in a prelim- inary plan phase. 16) That an erosion control plan be required in the final plan stage in accordance with the general erosion control plans submitted by the applicant. The plans shall be detailed in the improvement agreement with the City and the cost for implement- ing the plans shall be included in the subdivisionbond. Any erosion control areas are to have a temporary easement , per- mitting the City to implement the erosion control plan should the developer fail to do so during construction, according to the agreed upon erosion control plan. The erosion control plan shall be subject to mutual agreements signed by the City and the developer prior to approval of the final plan. 17) That the Fire Dept . approve the final plan location of fire hydrants , and all turning radii be acceptable for emergency vehicle access . 18) That no average street grade by above 15% slope and no street section over 25% slope for more than 100 ft. -5- 19) That no driveway grade exceed 23%. 20) That all runoff from roofs and driveways be adequately piped or channeled to the storm drain system. 21) That the storm sewer system be engineered. 22) That no buildings be placed on slopes in excess of 39%. 23) That an all-weather pedestrian pathway be provided along Granite St . to the satisfaction of the Public Works Dept. 24) That the path running along Marklyn Dr. be an all-weather surface. 25) That all perimeter setbacks be equal to at least the height of the building, except as noted in Condition #15 . 26) That no bonuses be allowed for minimal disturbance of the land. 27) That cuts and fills at the roadsides and driveways shall be graded to a slope no greater than 2 to 1 and be protected with hydromulching and wattles ; retaining walls are to be used where grading is not possible. 28) That the trail at the bottom of the development be relocated in front of the proposed units and away from the property line. 29) That foundation types be included in the final plan. 30) That the creek be left in as natural a state as possible and that there be no culverting of the creek except where it must be crossed by the roadway, and that there be no development on the north-facing slope from a line 40 ft. north of the creek to the ridge. 31) That the final plan be approved as a Type II hearing. 32) That the final plan show accurate details of all cuts and fills for streets , driveways , and foundations , and be subject to review and change by the Planning Commission. 33) That Marklyn Dr. follow the line of the existing road in the section before it crosses the creek, and that it not be re- aligned any closer to the eastern boundary than it presently is . 34) That a road improvement reserve or depreciation fund be set up by the homeowners ' association for the long-term maintenance of the road. 35) That performance bonding be required for all community improvements . -6- N , . 36) That the applicant sign an agreement agreeing with required conditions and submit a modified master plan reflecting these conditions prior to approval of Phase 1 within 180 days of the adoption of these findings . 37) That the Planning Commission be allowed to review Phases II , III, and IV after actual construction of Phase I . This review would be limited to road location, unit location, and erosion control measures . The review would be based upon statutes , ordinances , and public health and safety issues . This condi- tion does not imply that the number of units can be reduced. 38) That a fire prevention plan be submitted and implemented with the final plan of each phase. Such plan shall contain restrictions at a minimum to include a 40-foot fuel break to be installed and perpetually maintained around the perimeter of the developed area of the property with each phase and a covenant added to the deeds for strict compliance of such restrictions . A fuel break is an area freed of dead, diseased, and dying vegetation, .and :suffici- ently thinned of quick-burning, native vegetation to prevent the . rapid spread of wildfire. The fuel break areas shall be contained in the erosion control plan, and methods for minimizing erosion shall be detailed in the erosion control plan. 39) That a covenant be added to the deeds of the lots. that no home be constructed with a wood shingle or shake roof, or other combustible material, as defined in the Uniform Building Code, and that an approved spark arrester be installed on all chimneys , flues or other devices venting the combustion products of wood, oil, or natural gas . 40) That hose bibs be provided to the front and rear of all units . L . Gordon Me aris Mayor ATTEST: Nan E ,r nc in City ecor/deer Date: 97- -7-