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HomeMy WebLinkAbout1996 City/County UGB Buffering Agreementr 96-33876 / Concerning the Annexation of Lands Within the City of Central Point's Urban le Growth Boundary Crag and the Buffering of Bear Creek Corporation's Orchard which lies within the Boundary WHEREAS, An annexation proposal(Partners Trust Company and Kevin Nering)for lands north of Bear Creek Corporation's Orchard has been submitted to the City of Central Point. Policy 9(B) of the City/ County Urban Growth Boundary Agreement requires that the City assure compliance with the agricultural buffering criteria listed in the policy. Policy 9(C)requires that the City and County mutually agree in writing that the findings and buffeting criteria have been satisfied. WHEREAS, The territory proposed for annexation is separated from the Orchard by Biddle Road, a five lane roadway which includes an eighty foot wide right-of-way. This distance combined with the City of Central Points rear yard setback for R-3 lands, would provide a minimum 90 foot buffer between any future dwellings and the Orchard. The City agrees to maximize the distance separating the Orchard from development on lots north and adjacent to Biddle Road by requiring the dwelling to be orientated away from Biddle Road, and enlarging the rear yard setback to the degree possible pursuant to the City's Zoning Ordinance. WHEREAS, This distance is less than is typically required for urban uses adjacent to agricultural lands lying outside urban growth boundaries. But, the reduced setback is justified due to the fact that the Orchard is included within the Central Point Urban Growth Boundary and the joint City/County UGB Agreements prohibition on conversion of the Orchard to an urban use expired in 1995 (UGB Agreement Policy#9(AXi)). WHEREAS, The 90 foot set-back is considered appropriate in light of the City's and County's obligation to carry out Statewide Planning Goal 14; "to provide for an orderly and efficient transition from rural to urban land use:A key consideration in the designation of the Central Point Urban Growth Boundary, as well as this decision,is the need to achieve 'maximum efficiency of land uses within and on the hinge of the existing urban area (Goal 14,factor 4). Providing for a wider permanent setback would result in lower densities than planned within the QWs Comprehensive Plan. NOW THEREFORE,the City and County mutually agree that the findings and buffering aiteria specified in Policy number 9B of the joint City/ County Urban Growth Boundary Agreement,have been met in regards to the annexation of lands immediately to the north of the Orchard. City/County Buffering Agreement Page 1 of 2 t 96-33876 STATE OF OREGON ) Bufke M. Raymond, Co l ty Administrator ) ss. / County ofJadcson ) -1h This instrument was acknowledged before me this day of etPrt , 1996,by k%Urke A'\ (2laa.,rnonA J [Name of Person and Signature] as County Administrator [Type of Authority,e.g., officer, trustee, etc.] of Jackson County • 11 OFFICIAL SEAL DONNA J- WQLD NOTARY PUBLIC-OREGON I ,C ('� l �, COMMISSION N0. 049059 W JC GF i_MY COMMISSION EXPIRES NOV. 16. 1999 Notary Public for State of Oregon My Commission Expires: ] t- I Cc-99 APPRO AS TO FORM: Jackson County, Onion County Legal Co Recorded - OFFICIAL RECORDS OCT 091996 STATE OF OREGON ) J J�9 alcidi ) SS. / Coun bck County ofJadcson ) T his ' ent was acknowledged before me this 449 day of , 1996,by mc 6't-a4-L [Name of Person and tignature] as MAI/ant [Type of'Authority, e.g.,officer,trustee, etc.] of Central Point '7";• ARY /�/// /// , SANDY d Low__ ;, Q p _. 1t- NOTUBLIC OREGON Notary fqk State of Oregon `;;: MY1g11WY:1N 1,� My Commission Expires: !(-8-nt 9 II III Qty/ County Buffering Agreement Page 2 of 2