[ Council Communication ]  [Findings]

Council Communication

Title:	Findings for Planning Action 2002-106, 916 East Main Street
Dept:	Community Development
Date:	January 21, 2003
Submitted By:	Maria Harris, Associate Planner
Reviewed By:	Paul Nolte, City Attorney
Approved By: ...........................	Brian Almquist, Interim City Administrator

Synopsis:	The attached findings are for the decision of the City Council on January 7, 2003 granting approval for Site Review to construct three buildings containing a total of four apartment/condominium units, a Variance to reduce the special yard distance between two of the buildings to eight feet and a Tree Removal Permit to remove two trees for the property located at 916 East Main Street.
Recommendation:	Staff recommends adoption of the findings.
Fiscal Impact:	No fiscal impact to the City of Ashland.
Background:	The applicant appealed the decision of the Planning Commission to the City Council. The City Council held land use proceedings including a public hearing on January 7, 2003. The application was approved by the City Council. The application was administratively approved in September 2002. Subsequently, it was called up for a public hearing by three neighbors. The Planning Commission held a public hearing and reviewed the application on October 8, 2002 and November 12, 2002. The Planning Commission denied the application noting that the application did not meet the burden of proof for a Variance to reduce the distance between building to eight feet.

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BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON

January 7, 2003

IN THE MATTER OF PLANNING ACTION #2002-106, A REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT A FOUR-UNIT APARTMENT, CONDOMINIUM COMPLEX, A VARIANCE TO REDUCE THE DISTANCE BETWEEN BUILDINGS TO EIGHT FEET, AND A TREE REMOVAL PREMIT TO REMOVE TWO TREES FOR THE PROPERTY LOCATED AT 916 EAST MAIN STREET.

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Findings Conclusions And Orders

APPLICANT: Ron DeLuca

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RECITALS:

1) Tax lot 4000 of 391E 09AD is located at 916 East Main Street and is zoned R-2: Low Density Multi-Family Residential.

2) The applicant is requesting Site Review approval to construct three buildings containing a total of four apartment/condominium units. The application also includes a request for a Variance to reduce the special yard distance between two of the buildings to eight feet and a Tree Removal Permit to remove two trees on the property.

3) The following approval criteria for Site Review approval are described in 18.72.070:

A. All applicable City ordinances have been met or will be met by the proposed development.

B. All requirements of the Site Review Chapter have been met or will be met.

C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.

D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options.

4) The following approval criteria for Variance approval are described in 18.100.020:

A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.

B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.

C. That the conditions or circumstances have not been willfully or purposely self-imposed.

5) The following approval criteria for a Tree Removal Permit approval are described in 18.61.080:

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:

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 building footprint 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.

6) The Council, following proper public notice, held a Public Hearing on January 7, 2003, at which time testimony was received and exhibits were presented. The record made before the Planning Commission was received and is made a part of the record for this proceeding. The Council approved the application subject to conditions pertaining to the appropriate development of the site.

Now, therefore, the Council of the City of Ashland finds, concludes and concludes 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 an "M"

SECTION 2. CONCLUSORY FINDINGS

2.1 The 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 Council finds that the proposal to construct three buildings containing a total of four apartment/condominium units, including a Variance to reduce the special yard distance between two of the buildings to eight feet and a Tree Removal Permit to remove two trees on the property meets all applicable criteria for approval described in the Site Review chapter 18.72, Variance chapter 18.100 and Tree Preservation and Protection chapter 18.61.

2.3 The Council finds that the proposal complies with the requirements for Site Review approval. Public facilities are located within East Main Street and are available to accommodate service needs of the project. Seven parking spaces are provided at the rear of the site and accessed by a public alley, and six sheltered bicycle parking spaces are located near the motor vehicle parking area consistent with the City of Ashland parking standards.

The Council finds that the project design is consistent with the City's Site Design Standards for multi-family development, including orientation, streetscape, landscaping, open space and building materials. The units adjacent to East Main Street are oriented toward the public street and off-street parking is situated at the rear of the property. Pedestrian paths link the front doors of all units to the public sidewalk on East Main Street. Forty percent of the site will be landscaped, in excess of the 35% required by the zoning district. A combination of common open space situated between the buildings in the middle of the property and private patios and decks result in 15% of the total lot area devoted to usable open space, well in excess of the eight percent required by the Basic Site Review Standards.

The Council finds that the removal of a 24-inch diameter at breast height English Walnut near the front property line complies with the criteria of approval for removal of a hazard tree. The tree canopy is over the public sidewalk, and a certified arborist has established that the tree has lost large branches which is a public safety hazard given the location. The Council finds the removal of a 12-inch diameter at breast height Western Incense Cedar at the rear of the property meets the criteria of approval for removal of a tree that is not a hazard. The removal of the tree will not negatively impact erosion, soil stability, flow of surface waters or existing windbreaks and will not diminish the variety of conifer species within 200 feet of the property. The site design including the layout and sizes of the three buildings meets the Basic and Historic District Site Review Standards and is an important part of making the proposal compatible with the historic neighborhood.

2.4 The Council finds that the approval of the Variance to the distance between buildings is justified due to the existing development pattern in the historic neighborhood. The average distance between buildings within 100 feet of the site is 11 feet, significantly less than the required distance between buildings of 17.75 feet in this case. The benefit of the proposal is that it will allow the development of detached structures which are of a similar scale to the historic structures in the surrounding area and which meet the City's Historic District Design Standards. In addition, the development will provide one affordable unit and four rental units, multi-family rental units being identified as a high priority need in the City of Ashland Housing Needs Analysis, March 2002, within two blocks of a grocery store and within 1/3 of a mile of the downtown. The side yard setback pattern and architectural scale of the historic neighborhood was established before the current proposal and therefore the circumstances are not self imposed.

2.5 The standard setback for front yards is set forth in section 18.24.040.D. For the subject property the standard front yard is 20 feet. The front yard as submitted for this project, however, is 10 feet. The exception to front yards as set forth in 18.68.110.A applies to this application and reduces the size of the required front yard to 10 feet. The general exception provides that if there are dwellings on both abutting lots with yards less than the required depth, the yard need not exceed the average of the abutting lots. The side yard on one abutting lot is 10 feet to the face of the building and the front yard on the other abutting lot is 10 feet. The average of these two lots is 10 feet. The front yard of the subject property at 10 feet therefore meets the requirements for front yards.

The opponents raise the issue of special setbacks requirements for East Main Street as set forth in the Ashland Land Use Ordinance section 18.68.050.A. This section requires that yards be measured from the special baseline defined in that section rather than the property line. Under this requirement the yard for the subject property would have to be 1525 feet from the property line, not the 10 feet as designed. The general exception to front yard requirements in 18.68.110.A also applies in this matterto this special baseline, however. This section provides that if there are dwellings on both abutting lots with yards less than the required depth, the yard need not exceed the average yard of the abutting structures. Here theAs explained above, the average yard for the abutting structures as measured from the property line is 10 feet from the property line. The proposed yard for the subject property is 10 feet and therefore meets the standard if all yards are measured from the property line. Using the special baseline instead of the property line reduces the The average yard for the abutting properties is to five feet if measured from the special baseline. The proposed yard for the subject property is five feet if measured from the special baseline and therefore meets the standard if all yards are measured from the special baseline. We interpret the requirement in 18.68.050.A to mean what it says, "every yard abutting (East Main Street) shall be measured from the special base line setbacks." When applying the general exception in 18.68.110.A, which we interpret is the appropriate section to apply to any front yard setback requirements, whether on East Main Street or not, the same "yardstick" is to be used. In other words, the abutting properties' yards are to be measured from the special baseline in determining what the average yard depth is.

SECTION 3. DECISION

3.1 Based on the foregoing findings of facts, conclusions of law and evidence contained in the whole record, the Council finds and concludes that the application for Site Review to construct three buildings containing a total of four apartment/condominium units, including a Variance to reduce the special yard distance between two of the buildings to eight feet and a Tree Removal Permit to remove two trees on the property has satisfied all relative substantive standards and criteria contained within the Ashland Municipal Code and the Ashland Site Design and Use Standards.

The Council ultimately concludes, based upon the foregoing and following conditions, that planning application 2002-106 complies with all requirements of the City of Ashland and of the State of Oregon. Therefore, the City Council reverses the decision of the Ashland Planning Commission and approves with conditions planning application 2002-106 and imposes the following conditions.

1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.

2) That a drainage plan shall be submitted for review and approval of the Engineering Division prior to issuance of a building permit.

3) That all requirements of the Ashland Fire Department shall be met including, but not limited to installation of a fire hydrant to serve unit 4 or a residential sprinkler system, and maintenance of the alley as a fire apparatus access road, prior to issuance of the first certificate of occupancy.

4) That all items (plant, fence, etc.) shall be limited to 2.5 feet in height in the vision clearance area adjacent to the alley in accordance with 18.72.120.C.

5) That all landscaping and irrigation including street trees shall be installed or bonded for prior to the issuance of a certificate of occupancy for the first unit.

6) That an evergreen tree a minimum of 1 ½-inch caliper, five to six foot in height shall be planted on site for mitigation for the western red cedar that is removed. The landscaping plan shall be revised and submitted for review and approval for the Staff Advisor prior to submittal for a building permit

7) That the landscape and irrigation plan shall be revised to include recommendations of the Tree Commission with final approval of the Staff Advisor prior to submittal for a building permit.

8) That the recommendations of the Historic Commission with final approval of the Staff Advisor shall be incorporated into the building permit submittals.

9) That additional information regarding Ashland's Conservation Housing Density Bonus shall be provided at the time of Final Plan approval. Each unit to include a minimum of 15 points.

10) That one of the four units shall be affordable under the City of Ashland Affordable Housing program cost levels. If the unit is a rental, verification of the residents' income and the rental price shall be submitted to the Planning Division annually by January 31. If the unit is converted to a condominium for ownership, the buyer's income and the price shall be submitted to the Planning Division. The purchase of the condominium shall be processed through the City of Ashland's Affordable housing program.

CITY OF ASHLAND, OREGON

By: Alan DeBoer, Mayor

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