[Council Communication]  [Findings]

Council Communication

Title:	Adoption of Findings for Planning Action 2001-117, Approving an Annexation of Five Acres at 250 Clay Street.
Dept:	Department of Community Development
Date:	February 4, 2003
Submitted By:	John McLaughlin, Director of Community Development
Approved By: ...........................	Brian Almquist, Interim City Administrator

Synopsis:	On January 21, 2003, the Ashland City Council held a public hearing on this annexation request, at which time testimony was received and exhibits were presented. The City Council approved the annexation request at that meeting.
Recommendation:	Staff recommends that the City Council adopt the findings as presented.
Background:	The full background of the planning action is available at the Planning Department.

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

January 21, 2003

IN THE MATTER OF PLANNING ACTION #2001-117, REQUEST FOR ANNEXATION FOR AN APPROXIMATELY FIVE ACRE PARCEL LOCATED AT 250 CLAY STREET. ASHLAND COMPREHENSIVE PLAN DESIGNATION: SUBURBAN RESIDENTIAL; ASHLAND ZONING: R-1-3.5 P.	) ) ) ) )	FINDINGS, CONCLUSIONS AND ORDERS

APPLICANT: RUSSELL E. DALE

RECITALS:

1) Tax lot 1000 of 39 1E 11 CB is located at 250 Clay Street and has a Comprehensive Plan Map designation of Suburban Residential with an R-1-3.5P zoning designation.

2) The applicant is requesting Annexation of an approximately 5-acre parcel located at 250 Clay Street. The written application and site plan are on file at the Community development Department.

3) Section 18.106.030 states that 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.

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.

C. The land is currently contiguous with the present City limits.

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; urban storm drainage as determined 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.

E. Adequate transportation can and will be provided to and through the subject property. 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.

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 determined and safe and accessible bicycle facilities serving those destinations shall be indicated.

3. For pedestrian transportation safe and accessible pedestrian facilities 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.

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.

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.

G. For all residential annexations of four units or greater

1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or

2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income.

The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit.

Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions.

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 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)

4) The Council, following proper public notice, held a Public Hearing on January 21, 2003, at which time testimony was received and exhibits were presented. The recommendation by 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 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 for Annexation of an approximately 5-acre parcel located at 250 Clay Street meets all applicable approval standards described in the Annexation chapter 18.106.

2.3 The Council finds that the subject property is located within Ashland's established Urban Growth Boundary, with a portion of the east property boundary being contiguous with the existing City Limits. Further, the Council finds the proposed zoning for the annexed area of R-1-3.5P is in conformance with the designation indicated on the Comprehensive Plan Map, and the proposed residential use is an allowed use within zoning district.

2.4 The Council finds that City facilities for the provision of water, the transport of sewage, the provision of electricity and urban storm drainage are adequate and can and will be provided to and through the subject property. The application describes the availability of public facilities necessary to serve the project. City sewer, water and electric service are available to the site and will be extended to and installed throughout the development. Run-off from the project will be directed to storm drains constructed within the City streets. The majority of the run-off will be piped and deposited into natural wetland located upon the eastern portion of the site.

2.5 The Council finds that adequate transportation, including vehicular, bicycle, pedestrian and transit transportation, can and will be provided to and through the subject property. Paved access to the project is provided from Clay Street, as well as and through the extension of Abbott Street to the west. The extension of Abbott Street over to Clay Street is consistent with the requirements for required future street dedications as shown on the City's Street Dedication map. The Abbott Street extension will provide paved access to Tolman Creek Road, a City collector street. New local streets will be constructed to City street standards and provide for bicycle transportation. In addition, the extension of Abbott Street provides bicycle access to the bicycle lane along the west side of Tolman Creek Road, as well as the nearby bicycle lane along East Main Street.

Public sidewalks will be installed along all City streets within the project. The new sidewalks will connect to the existing public sidewalk system located in the Chautauqua Trace neighborhood. Consequently, pedestrians will be able to walk from the project to likely destinations along Tolman Creek Road (i.e. shopping center, YMCA fields, etc.) using the new and existing public sidewalk system. Lastly, improvements to Clay Street are proposed along the frontage of the project and down to East Main Street. These improvements will consist of a pavement overlay (minimum 20' to 26'), and the installation of storm drain lines and catch basins, curb and gutter, on-street parking (optional), a public sidewalk and planting strip. The Clay Street improvements provide a pedestrian and cycling route northward to the intersection with East Main Street.

2.6 The Council finds that residential development of the property will ultimately occur at or above 90% of the base density for the zone. Additionally, 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income.

2.7 The Council finds that 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. Currently, there is only 1.7 acres of vacant (or redevelopable land) R-1-3.5 zoned land located within the City Limits. This property is located at the corner of Hersey Street and Starflower Lane. The 1.7-acre parcel has a past land use application approval to construct approximately 22-condominium units. Based upon projected rates of land consumption in the Comprehensive Plan, there is a need within the City Limits for additional land zoned Suburban Residential (R-1-3.5).

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 Annexation of an approximately five acre parcel has satisfied all relative substantive standards and criteria contained within the Ashland Municipal Code.

The Council ultimately concludes, based upon the foregoing and following conditions, that planning application 2001-117 complies with all requirements of the City of Ashland and of the State of Oregon. Therefore, the City Council approves the Annexation component of planning application 2001-117 and imposes the following condition.

1) That the applicant work with the Traffic Safety Commission, under the direction of the Public Works Department, to incorporate traffic calming measures within the new section of Abbott Street. The Public Works Department shall review and approve the final design with the applicant responsible for paying for traffic calming improvements to Abbott Lane within the new annexed property on Abbott.

CITY OF ASHLAND, OREGON
By: Alan DeBoer, Mayor Date

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