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Council Communication

Title:	Adoption of Findings for Planning Action 2002-052 Approving a Site Review for a 13-unit Cottage Style Condominium Development for the Property Located at 2275 Siskiyou Boulevard.
Dept:	Department of Community Development
Date:	November 5, 2002
Submitted By:	John McLaughlin, Director of Community Development
Reviewed By: ........................	Brian Almquist, Interim City Administrator

Synopsis:	On August 13, 2002, the Planning Commission approved a Site Review request for a 13-unit condominium development at 2275 Siskiyou Boulevard. An appeal was filed by nearby residents in a timely manner. On October 15, 2002, the City Council held a public hearing at which time they upheld the decision of the Planning Commission and approved the request. The findings supporting that decision are attached to this communication.
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

October 15, 2002

IN THE MATTER OF PLANNING ACTION #2002-052, REQUEST FOR SITE REVIEW APPROVAL FOR A 13-UNIT, COTTAGE STYLE CONDOMINIUM DEVELOPMENT FOR THEPROPERTY LOCATED AT 2275 SISKIYOU BOULEVARD. THE APPLICATION INCLUDES A VARIANCE TO REAR YARD SETBACK STANDARDS AND FOR DISTANCE BETWEEN BUILDINGS. ) FINDINGS, CONCLUSIONS AND ORDERS

APPLICANT: ALAN PARDEE

RECITALS:

1) Tax lot 3600 of 391E 14 CB is located at 2275 Siskiyou Boulevard and is zoned R-3; High Density Multi-Family Residential.

2) The applicant is requesting Site Review approval to construct a 13-unit, cottage-style condominium development, including a Variance to rear yard setback standards and for distance between buildings.

3) The criteria for Site Review approval are described in AMC 18.72 as follows:

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. (Ord. 2655, 1991)

Further, the criteria for approval of a rear yard setback and distance between buildings Variance are described in AMC 18.100 as follows:

A. That there are unique or unusual circumstances that 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. (Ord.2425 S1, 1987).

C. That the circumstances or conditions have not been willfully or purposely self-imposed. (Ord. 2775, 1996)

4) The Council, following proper public notice, held a Public Hearing on October 15, 2002, 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 and concludes 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 a 13-unit, cottage-style condominium development, including a Variance to rear yard setback standards and for distance between buildings meets all applicable criteria for approval described in the Site Review chapter 18.72 and Variances chapter 18.100.

2.3 The Council finds that the proposal complies with the requirements for Site Review approval. Public facilities are located within Siskiyou Boulevard, as well as within Jaquelyn Street (to the north), and are available to accommodate service needs of the project. Street improvements will be constructed along Siskiyou Boulevard the entire length of the project's frontage. Street improvements shall consist of a six -foot bike lane, on-street parking (where noted), curb and gutter, storm drain, seven foot planting strip and six-foot sidewalk.

Twenty one parking spaces are provided consistent with City of Ashland parking standards. The site plan identifies required project parking within the boundary of the site (16 spaces), within the adjacent and reconfigured senior apartment parking lot (three spaces) and through credits along Siskiyou Boulevard (two-credits). In addition, the project design has shown creativity in its attempt to utilize the existing driveway that serves the adjoining senior housing project, as well as negotiating a shared parking arrangement.

The Council finds that the project design is consistent the City's Site Design and Use Standards for multi-family development, including orientation, streetscape, landscaping, open space and building materials. The units adjacent to Siskiyou Boulevard are oriented toward the public street and off-street parking is situated at the rear of property to the side of structures. Approximately, 70% of the project site will be landscaped, well in excess of the 25% required by the zoning district. Given the limited building area on the site, the Council finds that the plan preserves as many existing, healthy trees as possible while considering weighing other approval standards and the safety of future residents. The arborist report provides recommendations for removal based upon an on-site assessment of individual trees. While 29 trees are proposed for removal, approximately 75 percent of the site (mostly within the flood plain) will be maintained in common open space, allowing for the retention of the majority of existing trees as well as the planting of additional, more appropriate species.

2.4 The Council finds that the approval of the Variances to the rear yard setback and distance between buildings is justified due to the unusual physical constraints of the property. The physical nature of the property is unusual due to the steep slope along the west side of the property and the large percentage of the site (approximately 70%) located within the Ashland Flood Plain Corridor. Of the 1.77- acre site, less than one third can be developed due to physical constraints. The locations of existing, mature trees further limit choices in site planning and home placement.

SECTION 3. DECISION

3.1 Based upon 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 a 13-unit, cottage-style condominium development, including a Variance to rear yard setback standards and for distance between buildings has satisfied all relative substantive standards and criteria contained within the Ashland Municipal Code and the Ashland Site Design and Use Standards.

The City Council ultimately concludes, based upon the foregoing and following conditions, that planning application 2002-052 complies with all requirements of the City of Ashland and of the State of Oregon. Therefore, the City Council upholds the decision of the Ashland Planning Commission and approves with conditions planning application 2002-052 and imposes the following conditions:

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

2) That engineered construction drawings for the installation of all project utilities and street improvements along Siskiyou Boulevard are provided for review by the Engineering Division and approval by the Staff Advisor. The final design for frontage improvements shall be consistent with Ashland Local Street Standards and coordinated with the Oregon Department of Transportation. Street improvements shall consist of a six -foot bike lane, on-street parking (where noted), curb and gutter, storm drain, seven foot planting strip and six-foot sidewalk. The Staff Advisor may approve the omission of a planting strip due to excessive grade adjoining the creek channel, as well as to reduce impacts to existing, healthy trees.

3) That the location and final engineering for all storm drainage improvements associated with the project, including but not limited to detention ponds and piped systems, be submitted for review and approval by the departments of Public Works and Planning, prior to issuance of a building permit

4) That a draft copy of the CC&R's for the Homeowner's Association be provided at the time of signature of the Condominium Plat and shall describe the responsibility for the maintenance of all common area landscaping, pathways, planting strips and street trees.

5) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of Siskiyou Boulevard. The Staff Advisor, based upon the location of existing trees and areas of severe slope may approve exceptions to street tree location and spacing. Street trees with root barriers to be installed within the planting strip prior to the certificate of occupancy. Root barrier design, if required, shall be submitted for review and approval at the time building permit submission.

6) That all easements for public walkways, sewer, water, electric, and streets shall be indicated on the condominium survey plat as proposed by the applicant and required by the City of Ashland.

7) That a revised site, size and species specific landscaping plan and irrigation system plan incorporating the recommendations of the Ashland Tree Commission for all common areas and planting strips be submitted for review and approval by the Staff Advisor prior to issuance of a building permit.

8) That a site, size and species specific floodplain restoration plan, as noted in the application, be provided by the project landscape architect and arborist for review by the Tree Commission Staff liaison and approval of the Staff Advisor. Landscaping improvements to the floodplain corridor shall be installed before the issuance of certificate of occupancy for more than 50 percent of the units.

9) That installation of fencing is prohibited within the floodplain corridor. All fencing along the public walkway (running north to south) shall not exceed a height of four (4) feet.

10) That a final grading plan accompanies the building permits and be reviewed and approved by the Engineering and Planning Division prior to issuance of a building permit.

11) That all common open space improvements (i.e. landscaping, irrigation, etc.) be installed or bonded for in accordance with the procedures in the Subdivision chapter prior to signature of the condominium survey plat.

12) That all requirements of the Ashland Fire Department be complied with prior to the signature of the final survey plat or the issuance of a certificate of occupancy for each new home.

13) That required bicycle parking in accordance with the numbers and design specifications described in chapter 18.92 be identified on the site plan with the building permit, and shall be installed prior to issuance of a certificate of occupancy.

14) That silt fencing be installed adjacent to the flood plain corridor boundary, in accordance with manufacturer's recommendations, prior to site disturbance or grading that may cause erosion into the floodplain.

15) That a tree protection plan be submitted for review by the Tree Commission liaison and approval by the Staff Advisor prior to the issuance of a building permit. The plan shall identify the location and placement of temporary fencing around the drip lines of trees identified for preservation. The amount of fill within the drip line shall not exceed 12 inches in height, and the fill shall consist of a sandy composition, rather than clay, to enhance drainage. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed around the trunk/crown root.

16) That no portion of any unit shall be located upon land within the Ashland flood plain corridor. A portion of the unit may be cantilevered beyond the floodplain corridor boundary, with all structural supports located outside the corridor. The finished floor level of all portions of each unit shall be elevated two-feet above the 100-year base flood elevation. Finished floor elevations shall be noted on the condominium plat.

17) That the property owners of the Ashley Senior Apartment complex grant the Creekside Condominium development use of three parking spaces and driveway access in perpetuity. Such right to use the off-site parking and the existing driveway access must be evidenced by recordation of a vehicle parking and mutual driveway access easement reviewed and approved by the City of Ashland Legal Department.

18) That prior to the issuance of a building permit, the flood plain corridor shall be physically delineated on the ground by an Oregon registered surveyor. The boundary shall be permanently staked in order for the City of Ashland to verify that all units are located at or outside the floodplain corridor.

CITY OF ASHLAND, OREGON
Alan DeBoer, Mayor

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