City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2003 / 06/03 / Findings Schless Annex
Findings Schless Annex
[Council Communication] [ Findings
& Conclusions ]
Council Communication
| Title: |
Adoption of Findings for Planning Action 2002-089,
3151 East Main Street (Annexation) |
| Dept: |
Department of Community Development Planning
Division |
| Date: |
June 3, 2003 |
| Submitted By: |
John McLaughlin, Director of Community
Development
Maria Harris, Associate Planner |
Approved
By:
........................... |
Gino Grimaldi, City Administrator |
| Synopsis: |
On April 1, 2003, Planning Action 2002-089, a request
for Annexation and a Zoning Map Change from Jackson County zoning RR-5 (Rural
Residential) to City of Ashland zoning E-1 (Employment) for a 2.2 acre parcel
located at 3151 East Main Street was approved by the City Council. The applicant
requested a City zoning designation of E-1, which was consistent with the
property's Comprehensive Plan designation of Employment. The E-1 zone allows
for a variety of commercial and light industrial uses. After final approval
of the annexation, the applicant intends to construct two buildings, each
approximately 4,000 square feet in size, for light manufacturing use. The
findings supporting the decision of the City Council to approve this request
are attached. |
| Recommendation: |
Staff recommends that the City Council adopt the
attach findings supporting their decision to approve the annexation of the
2.2 acres at 3151 East Main Street.
At its meeting on February 11, 2003, the Planning Commission made
a recommendation that the City Council approve the request for Annexation
of the 2.2 acre parcel. No action is required by the City Council on the
Site Review component of the application because this was approved by the
Planning Commission. |
| Fiscal Impact: |
|
| Background: |
At the April 1, 2003 meeting, the City Council accepted
testimony and reviewed evidence regarding the requested annexation. At that
meeting, the Council approved the annexation request.
At its meeting on February 11, 2003, the Planning Commission reviewed
the application for Annexation and Zoning Map amendment from Jackson County
zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment)
for a 2.2 acre parcel located at 3151 East Main Street. The application also
includes a request for Site Review approval for construction of two buildings
for light manufacturing use.
On February 11, 2003, the Planning Commission approved the Site Review
request to construct two buildings for light manufacturing use. The decision
of the Planning Commission on the Site Review component of the application
is the final decision of the City unless appealed to the City Council. Since
no appeal was filed, the Planning Commission's decision to approve Site Review
is final and no action by the City Council is required. The motion by the
Planning Commission included a recommendation to the City Council for approval
of the Annexation request. The City Council makes the final decision with
regards to Annexation. |
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
April 1, 2003
IN THE MATTER OF PLANNING ACTION #2002-089, A REQUEST FOR
)
ANNEXATION OF A 2.2 ACRE PARCEL LOCATED AT 3151 EAST MAIN )
FINDINGS,
STREET. THE REQUEST INCLUDS A ZONING MAP CHANGE FROM
) CONCLUSIONS
JACKSON COUNTY ZONING RURAL RESIDENTIAL (RR-5) TO CITY
) AND ORDERS
OF ASHLAND ZONING EMPLOYMENT (E-1).
)
)
APPLICANT: Ely Schless and Krista Johnson
)
-----------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 303 of 391E12 is located at 3151 East Main Street at and is proposed
to be zoned E-1 (Employment).
2) The proposal involves a request for Annexation of a 2.2 acre parcel and
a Zoning Map change from Jackson County Zoning Rural Residential (RR-5) to
City of Ashland Zoning Employment (E-1). The tentative plat, site improvements
and building elevations associated with the Planning Commission's approval
of a Site Review are on file at the Department of Community Development.
3) The criteria for approval for Annexation are described in section 18.106
as follows:
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, flood plain 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 City Council, following proper public notice, held a Public Hearing
on April 1, 2003, at which time testimony was received and exhibits were
presented. The Council approved the application subject to conditions pertaining
to the appropriate development of the site.
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 "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 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval
criteria for Annexation. The City Council makes the following findings with
respect to the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
The property proposed for annexation is currently located within Ashland's
Urban Growth Boundary as designated on the Ashland Comprehensive Plan.
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.
The proposed zoning for the property, E-1, is consistent with the designations
indicated on the Ashland Comprehensive Plan, while the proposed light
manufacturing business is an allowable use in the district.
C. The land is currently contiguous with the present City limits.
The property is contiguous to the existing City Limits along the south property
line.
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.
Sewer, water and electric service will be extended to and through the project.
Water and sewer lines are located in the East Main Street right-of-way adjacent
to the parcel. The water line will be extended across the full length of
the property frontage. The sewer line is on the north side of the street
and currently is in place along the full length of the property frontage.
Electric lines are available directly to the south. Run-off from the development
will be directed to an area to the rear buildings and parking area. The storm
water dispersion and treatment is required to be engineered and constructed
in accordance with the standards of the Ashland Public Works Department.
In addition, a direct discharge of storm drainage into Neil Creek requires
a permit from the Oregon Department of Environmental Quality (DEQ).
E. Adequate transportation can and will be provided to and through the subject
property
Street improvements are required upon annexation with the degree of improvement
based upon the street's location relative to the annexed area. In this case,
East Main Street is currently improved to Jackson County's standards. The
pavement and travel lanes meet City of Ashland standards. A bicycle lane,
curb, planting strip and sidewalk will be installed along the property frontage
so that the street in this location meets the city standard.
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, flood plain corridor
lands, or slopes greater than 35%, shall not be included.
This section does not apply to Annexations involving commercial and industrial
lands.
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.
This section does not apply to Annexations involving commercial and industrial
lands.
H. One or more of the following standards are met:
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.
The proposed parcel will be zoned E-1. At its meeting of February 11, 2003
the Planning Commission approved a Site Review application to construct two
buildings, each 4,000 square feet in size, for light manufacturing use.
SECTION 3. DECISION
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, the City Council we approve
Planning Action # 2002-089. The following are the conditions and they are
attached to the approval:
1) That all proposals of the applicant be conditions of approval unless otherwise
modified here.
2) A boundary survey and a written description of the property boundaries
including the East Main Street right-of-way shall be submitted for review
and approval prior to completion of the annexation.
3) That the amount, quantity and type of fill in the 100-year floodplain
for Neil Creek shall be determined by an Engineer and a report submitted
to the Ashland Planning Department prior to completion of the annexation.
If earth-moving activities involving more than 20 cubic yards have taken
place in the floodplain, a Physical and Environmental Constraints Permit
in accordance with Chapter 18.92 of the Ashland Land Use Ordinance shall
be obtained prior to completion of the annexation. The development on the
parcel in the floodplain shall be brought into conformance with the requirements
of 18.62.070.A prior to completion of the annexation.
4) That the areas of raw material, rocks and fill dirt, that have been placed
in the floodplain throughout the back portion of the lot shall be removed
prior to completion of the annexation.
5) That the application shall be reviewed by the Airport Commission prior
to completion of the annexation.
CITY OF ASHLAND, OREGON
By: Alan DeBoer, Mayor Date
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