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HomeMy WebLinkAboutPlanning Commission Packet - May 2, 1995.~ CITY OF CENTRAL POINT '' ; PLANNING COMMISSION AGENDA May 2, 1995- 7:00 p.m. Next Planning Commission Resolution No. 319 I. MEETING CALLED TO ORDER II. ROLL CALL Chuck Piland -Jan Dunlap, Herb Farber, Candy Fish, Randy Graves, Karolyne Johnson, and Valerie Rapp III. CORRESPONDENCE IV. MINUTES i A. Review and approval of April 18, 1995 Planning Commission Minutes (Minutes still being worked on and not available at this time) V. PUBLIC APPEARANCES VI. BUSIlVESS 2 - i s A. Public Hearing -Review and determination regarding zoning variance for setback of a proposed parking structure at 250 N. 5th Street located 70 ± ft south of southeast corner if Fifth and Maple Streets (37 2w 3DA TL 11901) (Agent: Ted Fletscher) 14 - i s B. Public Hearing -Review and recommendation regarding a minor text amendment of CPMC 17.46.020 to include sit-down restaurants (including alcohol) 19 - z i C. Review and determination regarding withdrawal from Fire District No.3 for property located at 3124 Merriman Road VII. MISCELLANEOUS VIII. ADJOURNMENT April 18, 1995 Planning Commission Minutes are still being worked on and are not available at this time ,r STAFF REPORT TO: Central Point Planning Commission DATE: 4/24195 FROMeorge Rubaloff, Planning Administrator SUBJE Public Hearing - Review and Determination Regarding Application for Zoning Variance for property located at 250 North Fifth Relating to Setback Requirements (Agent Ted F. Fletscher for Property Owner John McCulloch) (372W 3DA 'Tax Lot 11901) Authority Pursuant to CPMC 1.24, the Planning Commission shall hold a Public Hearing and decide upon zoning variance applications. Description of Application The Zoning Variance Application is described in Exhibit A, Notice of Public Hearing. Exhibit B also outlines the decision criteria for zoning variances. History In March 21, 1978, the Planning Commission approved a site plan for construction of the four- plex apartment building which currently exists at 250 North Fifth. The project was approved and developed with the eight off-street parking spaces as they are configured today with ingress and egress off of the alleyway. The City Council accepted that Planning Commission decision on March 23, 1978. Review Discussion and Conclusion The applicant proposes to construct a covered parking structure upon half of the existing parking spaces at 250 North Fifth Street. The proposed improvement would bring the parking facilities at [his property site more in conformance with current off-street parking requirements for multiple family residences. However, placement of the structure in the desired location would not be consistent with the City's setback regulations. While the existing parking facilities do not conform to current regulations which require a minimum 26 foot wide parking aisle and which prohibit maneuvering/backing within the public right-of--way, the parking facility was legally established under a site plan approval in 1978. Staff reviewed this variance application from a broad standpoint of public health, safety and welfare and concluded that there were no instances where the proposed setback reduction would impact those safety, health, welfare goals. Exhibits Exhibit A -Notice of Public Hearing Exhibit B -Maps Exhibit C -Application for Zoning Variance ` 3 1 1;XHIBIT ...~-- 195 South Second Street Central Point, OR 97902 (5031 664-3324 PLANNING DEPARTMENT NOTICE OF PUBLIC HEARING THE HEART OF THE Date of Notice: April 11, 1995 ROGUE RIVER VALLEY Hearing Date: Tuesday, May 2, 1995 Time: 7:00 PM (approximate) Place: Central Point City Council Chambers 155 South Second Street, Central Point, Oregon George Rubaloff Planning Administrator Sandy Lommel Adminlstrative- Planning Secretary Beginning at the above place and time, the Central Point Planning Commission will conduct a public hearing to review an application for Zoning Variance for property located at 250 North Fifth Street, 70t feet south of the southeast corner of Fifth and Maple Streets. If approved, the variance would permit construction of a detached four- .space carport within the 20 foot setback area that is required off of the alleyway. The proposed carport is an addition to an existing four-unit apartment structure. The carport is proposed to be built upon an existing paved parking area. The agent in the application process is Ted F. Fletscher. The applicant/property owner. is John Cameron McCulloch. '. Consideration for granting zoning variances is based upon unnecessary hardship and the following criteria outlined in Chapter 17.80 of the Central Point Municipal Code: 1. The variance will provide added advantages to the neighborhood or the city, such as beautification or safety; 2. The variance will not have any significant adverse impacts upon the neighborhood; The variance will utilize property within the intent and purpose of the zoning district; 4. Circumstances affect the property that generally do not apply to other property in the same zoning district; i 4 1 5. The conditions for which the variance is requested were not self-imposed through the applicant's own actions, nor the actions of the applicant's agents, employees or family members. PUBLIC COMMENTS Any person interested in commenting on this land use application may submit written comments up until the close of the hearing scheduled for May 2, 1995. 2. Written comments should be sent to Central Point City Hall, 155 South Second Street, Central Point, Oregon 97502, attention, George Rubaloff. Issues which may provide the basis for an appeal on the matters shall be raised prior to the close of hearing on May 2, 1995. Testimony and written comments about this land use decision need to be related to the proposal and stated clearly to the Planning Commission. 4. .Copies of the applicant's evidence are available for public review in Room 214, City Offices, 155 South Second Street, Central Point, Oregon. Copies of the same are available for 15 cents per page. 5. For additional information, the public may contact George Rubaloff in the Planning Department at (503) 664-3324. STTMMARY OF PROCEDURE At the public hearing, the Planning Commission will review the application, and staff reports, hear testimony from the applicant, proponents, and opponents and hear any arguments on the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review hearing, the Planning Commission may approve or deny the Zoning Variance for Tax Lot 11901 of Jackson County Tax Assessor Map 37 2W 3DA. The City Council will be informed about the Planning Commission decision regarding the proposed variance. The Council may, on its own motion, call for a review of the Planning Commission decision, or, may grant such review requested by any .party aggrieved by the action of the Planning Commission. ATTENTION MORTGAGEE LIENHOLDER VENDOR OR SELLER If you receive this notice, please promptly forward it to the purchaser of the property located in the vicinity of this land use proposal. ® ®_ ®_ ~a ®~®N~ t ® ®g® 1 ~ UtNtFI, s71tEkT or ' ® -r-r-n_IL113 {~ r M-1. r~~. t ~~ i~~ ~1 \ 1i ~~~ .% i ~5,~ ~*a 17 c~~• ~ .' ~ 3e, I s `O~' ~ l ~n. ~~ ss l• N 5 ~` 60 '~ ~ ~. \ .o .. 6200 \~~~ , n \ 100 \~ ~ /~~ \ ,;, s~~ ti . ~~ ~g~ ~ ~ ~o ;~~ ~ -N { ~O ~ ', a { ~ ~ :~ '~ '~° ~~~ ~~ ~Z ~~ sroo \ \ ~~ e \ ~ ~i ~ ~ ~ Rt~q~ \~ art ~ 6 ~~.5 ~ . I~b ~ 6 yo zoo ~,~.3t - ~ ~' ~ ~ ~ ~i e to aaoo \ ,r 6-2"~ ..3 1 yy 1~0 6 ~.~ a ~\ ~~ ~i~ '` ~. ~ G~ ..y ~ ~. ssoo ~, w. ~ is ~i ;, IIK fix' 'A .. a s~ ~~ II ~~ 1~ N \~ ~~ e~ti~ \\ 6. ,. ,: . ;~ o. y%' 7 !y u~ ;.` ~~~~ 5~ ~` C. j '~ /~ ' O ti 5~. M.H. X 1259.1 ~~ ~\ \~ `sue \ /nO MO 12X ~"/ \ X l\ 1272.2 O s~, ~/. °~ 0 O ~ • Q 0 N 269, ~ ~~ ~ ~ . M °1266.3 ~- o°n ~. *~n0 • ^~ O X ~~-J~M/~/~ \t; / - 1288.2 ~~. c.e. M.H. X 1261.8 ~C.e. M.H. , X _ , ~-.J ~.l v ~ ~ ~ % ~~O ~. N V ~ !!~~--~~ r E~XHIBIT ~-- AIWLICATION FOR ZONI~G VARIAI~IV~c® CRYOFCENTRALPOINTPLANNINGDEPARTMENT FE6211995' 1. APPLICANTINFORMATION CITY OF CE~N~T.,RAL ~PO0INT IoliN C. McCULL DCI+ TIME -'~"'"'""`~"~4-- Name: Address: Zzl~ I~IDt_lti d2tU~ Telephone: Business:~~~Q70-2335 fate: Residence: 2. AGENT INFORMATION fie; 85725 Name:- ~Ti/D )=, l= L~TSC (}EfG Address:- `ull MurcPl}4 2aA<D cny: ~ e~ ~~ -state: otz zrp code: ~ so Telephone: Business: 609 f 7~q- 179 Residence: 7?2- 13129 3. OWNER OF RECORD (Attach Separate Sheet II More Than One) Name: JoILN C,al,FrzDu M~CuL.I_oG{f Address: - 'L'ZI Q ND Lti DIZIU~ cny;_ CiA1~ ,lDSt state: /-~• zip code: g57zs- Teiephone: Bustness:~8~ 870 -2336 Residence: 4. PROJECT DESCRIPTION 250 /J. 5 ~'" ST. ~ C~-riyp,t. ~I tr.Tj OTZ', Zoning Dislrbt: Total Acreage: ;03 D,4 Tax tat(s): _ I l G D l rz O ~ 1'73 GeneralDescdptbnoiVadance: To AGLOW TNt? C7oN5TRULTtoN mFA Dr^Taq}t-p ~u2 SPACE G1d.2P02T ( /k5 Ala AG~ITION `[o AN ISTUC, 1-oU2 1tii1T S.PO.R.TH ~T ~'flzu C"CU I k>ITIa-l1-1 /a P02T10130(=T}}E To: Building Department Central Point, Or. Dear Sir/Madam, ~~...' December 12, 1994 This letter is to appoint Ted Fletscher to represent me in all land use and building issues brought before the city of Central Point. I wish to have a 4 unit carport constructed.on my property at 250 No. 5th. St., Central Point, a 4 plex. Please give Mr. Fletscher your full cooperation in order that we may complete this project in a timely fashion. Reganrds, ~~~ /~ J%_hn McC~illoch 2219 Nola Dr. San Jose, Ca. 95125 Ph. (408) 970-2335 ~d ~T L.... ~ObMyN TO] ANb11H IW Ob.~~bK I.Yii90 Ynlb.~bb a(~ ~~1f e.~ h 'LO '1ttl Od 'IV2LLH~l "1S p5 'tt 052 ~ ~~,N, IIg.II ri~o~~n~~w prior •tiw ~]II~~1J iJ U~1 ,y 3zni~ntiis lzoez;n d a +' ~ ~ ~~ ~f i3 ~ j `~ _ b ' ~ amvauw~ ei s~ i te i 13iF j5ix `f~ ~ t~~[: ~1 :~=?It ~l~ :1;~Ff~i~Ie a~a2i r _ ~ ~ ~ ._v - - - •~ 4 - ~ I I k __ Y ~~~ ~ i:. ~ •• "€ ' 3 9 ~:t F 3 .: f ~4 `~ g • ~ i) ~ I Q lY , 1 i y k t i ' ~ ~ ~ ~ Z ° ~ • ,f i c --~--- 44 k4~4 S F i~ 2 \ 7 tc =j ~i:~ _~_ \ \ C 1 .._ a s ==_ ~.._ ... _ _-~li -€~I ~ ., ~. ~ f. _ -i gi b. 3 ! Y [ i w 0 J ~ ~ W ~ € ; x J r , ~ ~ ~ T 1 T '~ I Q f~ v ~' ~ ___• nl: I J ~~ Q" F- . ~~ z 0 f 9y ~t 1!I ~£ ~ ~~ 2 ~~ ~~ s eE t ',; 7 #: ~ 't i ~ ~!~~ -- ... 2-7f3-95 PLANNING DEPARTMENT/COMMISSIONERS CITY OF CENTRAL POINT CENTRAL POIN7.', OR}'sGON, 97502 RF_: VARIENCE APPLICATION. FINAZNCS-INFQRMATZQN JOIiN MC CULLOCH 250 N_ 5TH STREET. Ci:NTRAT. POINT. OREGON TOWNSHIP 37. RANG}: 2W. SECTION 03 DA, TAX LOT 11.901. TO 7'HE PLANNING DEPARTMENT/COMMISSIONERS: THE EXL5'TING STRUCTURE WAS CONSTRUCTED IN 1978 AND IS A TWO STORY, PLYWOOD SIDED TOWNHOUSE TYPE, FOUR UNIT APARTMENT_ 'THERE. PRESENTLY ARE EIGHT NON-COVERED ASPHALT PAVED PARKING SPACES, ALL WITH ACCESS FROM A PAVED AI,I,EYWAY TO THE SOUTH OF THE. SUBJECT. PKOPERTY_ YO(J73 PRESENT. ORDINANCE FOR Nh'W APARTMENT CONSTRUCTION REQUIRES AT LEAST ONE COVERED PARKING SPACE PER APAR'L'MENT UNTT_ IT IS '1'HE DESIRE OF THE OWNER TO PROVIDE, AND THE REQUEST OF THE TENANTS TO HAVE, ONIs S(ICH COVERED SPACE. FOR EACH UNIT_ IT IS OUR UNDERSTANDING THAT CITY ORDINANCE CONSIDERS AN "ALLEY" THE SAME AS A "STREET" RELATIVE TO STRUCTURE SET-BACK, AND ALSO AS 7'O EGRESS_ MAX I SUBMIT. THERE. IS NO OTH1,'R WAY TO PROVIDE THE PROPOSED COVERED PARKING, OTHER THAN THAT SHOWN ON THE. APPLICATIUN "SITR PLAN", AND WE DEFINITELY WOULD LIKE TO PROVIDE THAT COVERED PARKING_ SEG~IQN ].'7-8Q..Q10. VARIlaNGES A_L-'CHE AUTOMOBILE PARKING ACCESS EGRESS IS PRESENTLX, HAS ALWAYS BEEN. AND WILL CONTINUE TO BE, FROM THE ADJACENT AL.LEYWAY_ '1'H13 ADDITION OF THE PROPOSED CARPORT WILL NOT CHANGE OR AI,'TER THE PARKED CAR LOCATION, OR RO[ITE OF INGRESS/EGRESS_ SITE VIS'W COULI> BE OBSTRUCTED BY THE.. PROPROSED "SCREEN WALL" AT THE WEST SIDE OI+ THE CARPORT, BUT WE ARE WII,I,ING T.O DELETE THIS ':SCREEN WALL' IF YOU THINK IT NECESSARY_ A STRICT APPLICATION OF T[iIS ORDNANCE WILL RESULT IN A HARDSHIP 'TO THE TENAN7.'S, AS TIiEX NOW ll0 NOT HAVE ANY WEATHER PROTECTION WHEN PARKING THEIR CARS, ANI) ALSO TO TILE OWNER, WHO DESIRES TO UP-GRADE THE APPEARANCE AND DESIRABILITY OF HIS UNIT5_ A_2: THE EXIS:CING APARTMENT AND OPEN PARKING WERE IN CONFORMITY WITIi 'CHE ORDINANCE FOR THE TIME WHEN BUILT, BUT WE WISII TO PROVIDE AMENI'TIF.S MORE CLOSELY COMPLYING WITH TODAY'S REQUH2RMEN'TS_ B_. I HOPHF(JLLY TRUST `THE APPLICATION IS COMPLHTH AND CONFORMS TO THE PROVISIONS OF CHAPTI"sR ]._2.4 AND AI,L APPLICABLE STATE LAWS_ 'THE TWO HUNDRED DOLLAR APPLICATION FEE IS INCLUDHD_ C_. ALI, RERIIES'TED INb'ORMAT.I:ON: LEGAL DESCRIPTION. PLANS AND ELEVATIONS ARE INCL,UDED_ 1~ ...,~ '"" VARIENCE APPLICATION FOR JOHN MC COI,LOCH 250 N_ 5TH S'PREk'T, CENTRAI. POINT D_.L- 'PHfi PROPOSED CARPORT WILL ENHANCI: 't.'III OVERALL APPEARANCE OF `i.'IIE NEIGHI30RHOOD I.N THAT TT WILL, HELP SOFTEN TIIF. 'i'GIO STORY APPEARANCES' OF 9'JIE EXISTING APAR'T'MENT, AND WITH THE SCREEN WAIN. INSTALLED, I'T' WOULD LESSEN TI-IR VIEW OF THI's AUTOMOBILES I+'I20M 'PLIF. STI2EF.'i.' Vl'ELd. D.2. THIS VARIENCIt, TF APPROVED. WILL, NOT HAVE, ANY SIGNIFICANT ADVL+'RSI's [MPAC7.' ON THPs NEIGHBORHOOD. PRE5ENTL.Y T1IF. STRUC'T'URE TO THE SOUTH IS APPROXIMATEliY SIX FEET FROM 'T.'HF. PI20PA:RTY LINE. WI'T'H TLLE At,L1iY, AND THE. DETACHED GAI2AGF. TO '.PRE EAST APPEARS '1'O BE ON. 012 Vt<:RY NEAR 'J'O. 'J'HE PROPERTY LINE. 'PLIE PI20POSEll CAI2POR'P W1T,L t-II=:1,P BEAUTIFY AND UP-GRADI? '.PHF, NEIGHBORHOOll_ D_3. 'PRE PROPERTY IS PRESENTLY BF,ING USED WITHIN THE INTENT ANTI PURP05E OF THE ZONING DIS'PRICT_ THIS VARIENCE, IF AI?PROVED, WILL ALLOW FOR THE CONTINUED IISE, ON A LEVEI, MORE CI,OS}sLY ADHERING 'I'O 'J'ODAY'S PARKING REQUIRF.MFNTS_ ll_4: THE CIRC[IMSTANCES 'CHA'P PREVENT T11I5 PHOI?FR7'Y N'ROM OFFER:[NG COVERED PARKING TO T`HE 'T'ENANTS, WERE CRF..ATED YEARS AGO, [JNDER A PREVIOUS OWNERSHIP_ THE. PRF.:5ENT OWNER IS TRYING TQ ACHIEVE A REASONABi,E SOLUTION 'PO AN 1•:XISTING, LONGTIME, PROBi,EM_ OTIiE12 SIMILAR PROPERTIES MAY HAVE A SIMILAR PROBLEM AND 7.'1IE CITY SHO[JI,Ii CONSIllER A CHANGR IN 012ffiNANCE FOR AN OVb:RAI, SOLU7.'ION. I TALKL'll TO THE PLANNING DEPARTMENTS OI? TH6 CI'T'IES OF ASHLAND, 7'ALEN'P,' MEDFORD, GRAN'PS PASS. AND TsUGF.NE_ AI.,L SAIL) I:'P WAS PERMISSABI;E 'PO USE THE ALLEY FOR '1'IIE REQUIRED BACK-OUT AI2EA, AND 'I'1iE SETHACK TO A CARI?URT. OR STRUCTURE VAR].F.D HE'I'WIsHN 9. F}:'Is'7.' AND 6 FEE'J', WITH ONLY THE CITY OF ASIiLAND RI!:QE)1:I2ING 10 FEE~.T_ HY COMPARISON, I: BI:T,If:VE 'LHA'.P 'PHIS VARIENCE KEWUEST IS QlA'PF. REA.S"ONAJ3LI?_ D_5. :PHIS PROPE32'I'Y WA:i P[1RCHASF.1) IN 1983 BY THE APPLIACANT, JOHN t;. MC CULLOCH, AND THE EXISTING CONDITIONS CREATING THE NECESSITY FOR 7.'HIS REQUF,ST WTi:RE NO'.1' SELF IMPOSED THRO[IGH T1iE ACTION OF 'I'}IE: APPLICANT. THE AGEN'T', THI?. APPLICANT"S RMPI,OYEES OR FAMILY MI3MHERS_ WF, RESPECTFUL I,Y REQ(JES'P YO(IR AFFIRMATIVR RESPONSE AND AI?PROVAL OF TFIIS REQ[]F..ST FOR VARIA:NCE_ SI:NCP:RE.LY, TIsD F_ FLF.7'SCHER, AGIiN'P I'OR .TORN MC COT,LOCH, OWNIsR ~~ MEMORANDUM TO: C tral Point Planning Commission DATE: 4125195 FROM: George Rubaloff, Planning Administrator RE: Zone Text Amendment Thoroughfare Commercial District (C-5 Zone) i7pon review an application for OLCC license for El ACbanil Restaurant at 501 South Front Street, tl-e City CounciC passed Resolution No. 72l declaring its intent to amend the zoning text so that sifdown restaurants within the C-5 Zone may include the service of beer, wine and liquor. According to city regulations, the Planning Commission is required to review amendments to the zoning text prior to the-Council's public hearing. 1.4 RESOLUTION NO. 721 A RESOLUTION OF INTENT TO AMEND ZONING TEXT REGARDING PERMITTED USES IN THE C-5 THOROUGHFARE AND COMMERCIAL DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, that it is the intent of the City Council to amend Central Point Municipal Code Section 17.46.020C(19) so that sit- down restaurants, including service of beer, wine and liquor, shall be a permitted use in the C-5 zone. Passed by the Council and signed by me in authentication of its passage this day of , 1995. Mayor Rusty McGrath ATTEST: City Representative Approved by me this day of 1995. Mayor Rusty McGrath RESOLUTION NO. 721 (042195) i~ ORDINANCE NO. AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 17.46.020C(19) TO ALLOW SERVICE OF LIQUOR IN SIT-DOWN RESTAURANTS IN THE C-5 ZONE THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, do ordain as follows: Section 1. Central Point Municipal Code Section 17.46.020 is hereby amended to read as follows: 17.46.020 Permitted uses. The following uses are permitted in the Cry district: A. Professional and financial, including: 1. Banks and similar financial institutions, 2. Real estate, insurance, and. similar offices, 3. Contractor's office, 4. Medical services, clinics and laboratories; B. Personal services, including: 1. Self-service laundry and laundry pickup stations, 2. Photo processing pickup stations, 3. Photo processing laboratories, 4. Small appliance service, 5. Printing, lithography and publishing, 6. Locksmith, 7. Taxicab dispatch office, 8. Ambulance/emergency services, 9. Art and music schools, 10. Business/vocational schools, 11. Physical fitness/conditioning center, martial arts schools; 12. Carwash, 13. Automobile and truck service stations and repair shops, 14. Auto and furniture upholstery shops, 15. .Veterinary clinics (within enclosed structure), 16. Barber shops, 17. Beauty salons, 18. Manicure salons, C. Retail outlets; including: 1. Auto and truck sales (new and used), 2. Tire sales and service, 3. Glass and mirror sales and service, 4. Wallcovering, floorcovering, curtains, etc., 5. Major appliances sales and service, 6. Hardware sales, 7. Monument sales, 8. Supermarket, 9. Convenience market, 10. Drugstore, 1 - ORDINANCE NO. (042195) ~v 11. Feed, seed and fuel (within enclosed structure), 12. Electrical and plumbing supplies, 13. Heating and air-conditioning equipment, 14. Stone, the and masonry supplies, 15. Nursery and gardening materials and supplies, 16. Antique shop, 17. Art and engineering supplies, 18. Pawnshop, 19. Sit-down restaurants, including service of beer, wine and liquor, 20. Drive-in fast food establishments, 21. Tavern, beer sales only, 22. Public/quasi-public utilities and services; 23. Florist sales, 24. Pet sales, 25. General apparel, 26. Furniture sales, including used furniture, 27. Sporting goods sales, including firearms; D. Tourist/recreational-oriented uses, including: 1. Hotel and motel, 2. Walk-in theater (fully enclosed), 3. Bowling alley, 4. Ice and roller skating rinks, 5. Dancehalls (nonalcoholic), 6. Billiard/pool hall, 7. Miniature golf, 8. Club and organizational meeting facilities; E. Commercial parking lots; 1. Recreational vehicle storage lots; F. Light, fabrication, including: 1. Light fabrication, assembly, packaging, mail-order sales and wholesale sales of consumer goods, and 2. Light fabrication and repair shops such as blacksmith, cabinet, electric motor, heating, machine, sheetmetal, signs, stone monuments, upholstery and welding; G. Other uses not specified in this or any other district, if the planning commission finds them to be similar to the uses listed above and compatible with other permitted uses and within the intent of the C-5 district. 'Section 2. Based on the fact that there is a pending application which requires passage of this amendment in order to be approved, an emergency is declared to exist, and this ordinance shall take effect upon passage. Passed by the Council and signed by me in authentication of its passage this day of , 1995. Mayor Rusty McGrath 2 - ORDINANCE NO. (042195) ~~ ATTEST: City Representative Approved by me this day of , 1995. Mayor Rusty McGrath ' 3 - ORDINANCE NO. (042195) ~~ MEMORANDUM TO: entral Point Planning Commission DATE: 4/23/g3 FROM: ~ George Rubaloit, Planning Administrator RE: t Withdrawal From Fire District No. Property at 3124 Merriman (3'7 ZW 12 Tax L,ot 7t)0) On April Zt), 19y5, the City Council passed Resolution No. 71fi approving tl-e annexation proposed at 3124 Merriman,.just south of where Green Park Drive intersects with Merriman Road. Commissioners may reca[I that this annexation was driven by a sewage health hazard. The City is processing a withdrawaC from Fire District No. 3 so that the properly owner is not chazged by two fire protection agencies. City regulations require the planning Commission to review and formulate recommendations on Withdrawals tcom Districts. 19 ~, ORDINANCE NO. AN ORDINANCE WITHDRAWING A PARCEL OF LAND ON MERRIMAN ROAD FROM JACKSON COUNTY FIRE PROTECTION DISTRICT NO. 3 Recitals 1. By Resolution No. 718 dated April 20, 1995, the City of Central Point annexed a parcel of land on Merriman Road. Such parcel is within the boundaries of Jackson County Fire Protection District No. 3. 2. On May 2, 1995, the Central Point Planning Commission, pursuant to CPMC 1.24.020, conducted a public hearing to consider withdrawal of such parcel from Fire District No. 3, and whether such withdrawal would be in the best interests'of the City. 3. On June 1, 1995, the City Council held a duly-noticed hearing, pursuant to CPMC 1.24.020 and ORS 222.524, to consider the withdrawal, and whether such withdrawal would be in the .best interests of the City. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to oRS 222.520, the City of Central Point hereby withdraws the following-described real property from Jackson County Fire Protection District No. 3: @EGINNINa at the most Westerly coYner'of Lot 44 in GREEN PARK VILLAGE SUBDIVISION, UNIT N0. 1, according to the Official Plat thereof, now of record in Jackson County, Oregon; thence South 58° 07' 36" west 40.00 feet to a point on the right-of-way center-line. of Merriman Road; thence North 31° 52' 24" West along said centerline, 86.27 feet to a point which bears South 58° 07' 36" West 42.72 feet Prora the most Westerly corner of Lot 43 of said Subdivision; thence North 58° 07' 36" East 42.72 feet to said corner; thence along the Southerly boundary of said Lot 43, North 58° 07' 36" East 72.63 feet? thence ;South 31° 52' 24" East 46.25 feet to the most Westerly corner common to Lot 43 and Lot 44 of said Subdivision; thencealong the boundary of said Lot 44 South 31° 52' 24" East 40.02 feet; thence .continue along said boundary South 58° 07' 36" west 75.35 feet `to the Point of Beginning. Containing 0.228 acres, mare or less: The. City hereby assumes and agrees to pay the amount of taxes which otherwise would be extended each year against the property hereby withdrawn for the retirement of bonded debt, subject to the right of the City to obtain reimbursement therefor from the owner of said property. 1 - ORDINANCE NO. (042095) 20 Section 2. The City Administrator is directed to forthwith file certified copies of the within ordinance with the Jackson County Assessor, the Jackson County Department of Public Works, and with the governing body of Jackson County Fire Protection District No. 3. Section 3. The property previously annexed and hereby withdrawn is hereby zoned as R-1-6, Residential Single-Family District. Section 4. This withdrawal being necessary for the immediate preservation of the public health, safety and welfare of the City of Central Point, Oregon, and based upon the need to conclude annexation procedures, second reading of this ordinance is hereby waived and an emergency is declared to exist, and this ordinance shall be in full force and effect immediately upon-its passage by the Council and approval by the Mayor. Passed by the Council and signed by me in authentication of its passage this day of , 1995. Mayor Rusty McGrath ATTEST: City Representative Approved by me this day of , 1995. Mayor Rusty McGrath 2 - ORDINANCE NO. (042095) 21