Adoption of Findings for Planning Action 2004-141 - Annexation and Zone Change (Jackson County Rural Residential RR-5 to City of Ashland Low Density Multi-Family R-2) for an approximately 10-acre parcel located on the east side of Clay Street, north of Ashland Street, at 380 Clay Street.
|Meeting Date:||June 20, 2006||Primary Staff Contact:||Bill Molnar|
|Contributing Departments:||Legal||Secondary Staff Contact:||Mike Franell|
|Estimate Time:||20 minutes|
At the March 21, 2006 meeting, the Council approved the application for an Annexation of a 10-acre parcel located at 380 Clay Street. Attached are the findings supporting that decision for adoption by the City Council.
The attached proposed findings supporting the Council's decision to approve the Planning Action were initially written by Chris Hearn, Attorney for the applicant. Legal and Planning Department staff have reviewed the findings and have amended condition # 28 in the document to reflect the decision of the Council based upon evidence in the record.
At the Council hearing on this matter, staff had suggested a condition # 27 related to the timing of affordable housing construction. This condition has been incorporated within the proposed findings document. Included with the motion to approve the annexation was a condition # 28. This condition required the applicant to provide a conservation easement or comparable instrument over the two proposed larger open space areas, one at the northwest corner and one at the southwest corner. It is staff's understanding that this condition was intended to provide perpetual protection of the wetland area (northwest corner), as well as the open space containing several large poplar trees.
The applicant has stated in a letter provided by their attorney that they find the proposed condition # 28 somewhat problematic. The applicant's attorney notes that it is the applicant's intention to sell the southwest parcel, which contains the older residence, out buildings and poplar trees. The residence will be renovated and the parcel occupied by an Ashland family. Consequently, the letter states: "It is therefore important that the scope of any conservation easement still allow flexibility for the family to use their property for typical and reasonable uses which any homeowner would expect." The written correspondence further explains that the future property owner of the southwest corner, whoever that may be, may seek to redevelop the parcel at a later date consistent with the R-2 zoning designation.
It is staff's opinion that the proposed wording of condition # 28 reflects Council discussion and the motion to approve the annexation at the March 21, 2006 meeting. If the Council chooses, they may instruct staff to work with the applicant to ensure that the wording of the conservation easement (or similar restrictive covenant) clearly permits flexibility for the owner of the southwest parcel to use the property for typical and reasonable uses which any homeowner would expect.
The decision of the Council, in staff's opinion, did not contemplate the future development of multiple housing units on the property. If a future property owner wishes to develop additional housing units on the property at a later date, the property owner would need to prepare a land use application for an amendment to a condition of approval. This is permitted under the Procedures section 18.108.040 of the Ashland Land Use Ordinance. Such a request would require public notice to surrounding property owners and would need to comply with all relevant land use approval standards including those related to affordable housing.
For Council consideration, Staff has attached optional wording for condition # 28. This condition requires that the poplar grove be preserved and protected in accordance with the Tree Protection/Removal Plan. Future removal of any poplar trees would be subject to a Tree Removal Permit. Lastly, if further development was permitted in the southwest corner of the project at some future date, the condition requires that a percentage of the additional residential units comply with the affordable housing requirements as set forth for annexations.
Staff recommends that the Council either adopt the findings as presented, or modify and adopt the findings.
The Council may adopt the findings as presented or modify the findings and adopt the modification.
Move to adopt the findings for approval of Planning Action 2004-141.
Move to modify and adopt the findings for approval of Planning Action 2004-141.
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