HomeMy WebLinkAboutOrdinance 1379ORDINANCE NO. /3;!9
AN ORDINANCE ALLOWING APPLICATION FOR AMENDMENT TO
COMPREHENSIVE PLAN MAP AND ADOPTING FINDINGS
AND CONCLUSIONS IN SUPPORT OF SAID AMENDMENT
WHEREAS, upon application of Larry Denn for a change
in that portion of the comprehensive plan map described in
Exhibit "A ", attached hereto and by this reference incorporated
into the within ordinance, from medium density (MD) to high
density (HD), public hearings were duly and regularly scheduled
and held by the Citizens Advisory Committee, the Planning Commission
and the City Council, as required by Chapter 17.96 of the Central
Point Municipal Code, and
WHEREAS, the City Council has received the staff report,
Citizens Advisory Committee report and Planning Commission report
upon said application, and received evidence, including testimony
and exhibits, on the issue of said amendment, now, therefore,
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Section 1. That the applicants for said amendments to
the described portion of the city's comprehensive plan have
proved by substantial evidence that there is a public need for
the proposed change and that said change is the best means of
meeting said need, and therefore the public necessity, convenience
and general welfare require said amendment.
Section 2. That the proposed findings and conclusions
submitted by the applicants, attached hereto, marked Exhibit "B."
and by this reference incorporated into the within ordinance,
Page 1 - Ordinance No. /.3,9
are fully and completely supported by the evidence presented in
these proceedings, and the same are hereby adopted as the findings
and conclusions in support of this ordinance.
Section 3. That that portion of the comprehensive plan
map described in Exhibit "A" attached hereto and by this reference
incorporated into the within ordinance, be, and the same is hereby,
amended from medium density (MD) to high density (HD).
Passed by the Council and signed by me in authentication
of its passage this /3 W day of m 0-01- , 1980.
Mayor
ATTEST:
Zity Re r der
K
Approved by me this 13 day of �/11a.�.(„ 1980.
por
Page 2 - Ordinance No. 11-;?�79
Commencing at the intersection of the Southeasterly Right -Of-
liay line of Pine Street and the Southwesterly Right -0£ -Way line
of- $aakell Street in the $W 114, of the NE 114, of.Section 10, _ _ -
Township 37, Range 2W, Willamette Meridian, Jackson. County,
- Gregony -
Thence Southeasterly along the Southwesterly - Right -Of -Way -
line of Haskell Street to the Northerly Right -Of -day line of - - -
Snowy Butte Road,
Thence Weuterly_slong said Northerly Right -Of -Way line and - - -_ --
extension thereof of Snowy Butte Road to the Center /Line of
Creek, - - -
Thence following said Center/Line of -Baisy Creek Northwesterly
to the Southeasterly Right -Of -Nay line of Pine - Street',
- - - -
Thence Northeasterly following the Southeasterly Right -0£-
Way line of Pine Street to the point of beginning.. - ..
Proponents Exhibits "A _ E"
Planning Coamisaion Exhibit 85
November 1, 1979
Honorable Mayor and City Council
City of Central Point
City Hall
Central Point, OR 97502
RE: Amendment to Comprehensive Land Use Plan
Honorable Mayor and Council:
This letter is intended to serve as an application for an
amendment to the City of Central Point Comprehensive Land
Use Plan, as provided for in Chapter 17.96 of the Municipal
Code of the City of Central Point.
This application is being prepared for Mr. Larry Denn, a
property owner in the City of Central Point, and presented
by RCS Management, Inc., as agent. The following items are
included as part of this application:
1. Legal description of area to be considered;
2. An assessor's map showing affected area;
3. Findings of fact and exhibits as required
by the Municipal Code and criteria established
by the Land Conservation and Development Comm-
ission of the State of Oregon.
4. A signed power of attorney.
The particular amendment to the Comprehensive Land Use Plan
is requested to be viewed as a minor change so that the plan,
in fact, conforms to existing uses, as well as appropriate
segments of the Central Point Zoning Ordinance, the primary
perpose of which is to avaoid any potential "Baker" conflicts.
If we can provide any further information, please do not hesitate
to call on us.
Sincerely,
J. Michael LaNier
RCS Management, Inc.
t4�vo16 iI
nM
c�
m
3
m
Z
3 �
m❑
O tD
m�
Om
❑
m n
mm
nm
M
X
J
N A
A �]
N A
nD
mN
Z=
r
A
D Z
r O
Ln ❑
C ZI
1 Lm7
m ❑
Z
N ,D
J
N
N
M
mm M
F
M m
S S
❑❑
Z Z
M m
mN
L: LI
J d
N ❑
m �
m m M
A
Proposed Findings of Fact in the
Matter of an Amendment to the
Comprehensive Plan Map of the City
of Central Point:
Larry Dean, Applicant
RCS Management, Inc., Agent October 31, 1979
GENERAL
These proposed findings of fact are presented for an amendment to the
Comprehensive Plan Map for the City of Central Point, specifically to
change the land use plan designation from MD (Medium Density Residential)
to HD (High Density Residential) for an area generally bounded by Pine
Street, Haskell Street, Snowy Butte Road, and Daisy Creek.
wIi&. Ao ' oC T� Su6N.+ PM"Q
A mampLkte list of all property owners '- hh& nee and a legal description
are attached as part of these findings and are marked as Exhibits "A" and
"B ". The map of the general area is also attached as Exhibit "C ". out-
lined on the map are the affected properties and all properties within a
z L'T
radius of 300 feet of the exterior boundaries of s� ae properties.
These findings are presented in an effort to bring the Comprehensive Plan
Map into compliance with (1) the Comprehensive Plan narrative; (2) exist-
ing land use in the area; and (3) existing zoning ordinances.
,I COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed amendment to the Comprehensive Plan Map of Central Point
conforms with the general goals, guidelines and concepts contained within
the Plan narrative, as well as with specific policies adopted by the
City of Central Point.
Specifically, this amendment conforms to the provisions of Chapter 9,
"Administration and Implementation ", under the section entitled "Plan
Review", which states:
2-
"The plan itself will need to be considered in light of changing
economic, social and land use conditions in the area. . .
. .formal applications for plan amendments by private parties
may be filed with the Planning Commission. . .
The application is also in conformance with Section 17.96,010 to
17.96.060 of the :Municipal Code of the City of Central Point, which,
under the provisions of Ordinance 161297, establishes the criteria for
Comprehensive Plan amendments.
The proposed amendment also compliea with the provisions of Chapter 3,
"Planning Concepts ", in that the amendment will provide for compliance
with the general description for urban area uses:
URBAN AREA
The present urban area of Central Point contains 875
acres of the total land area and supports the largest density
of population. Review of the land use information indicates
that not all of the urban lands are fully developed to the
maximum benefit."
The proposed amendment is in compliance with the stated goals and ob-
jectives of the City as outlined in Chapter 4, "Coal and Policies ", in
that the proposed amendment will help address the stated goals:
(Will the Plan or amendment reflect the following?)
A. An orderly and reasonable expansion of the Central Point
urbanizing area.
B. Does the plan encourage the enhancement of private property
values by indicating a compatible arrangement of land uses?
C. Does the plan provide a flexibility of residential living
areas and housing types to meet the needs of a growing
population ?"
Further, the proposed amendment also conforms with the provisions of
Chapter 5, the Land Use Element of the Central Point Plan. More specifi-
cally, the proposed amendment conforms with:
Policies for Development (High Density)
High density areas are to be located in proximity to major or
secondary arterial routes.
High density areas shall be adjunct or in reasonable proximity
to the central business district."
Further, the area under consideration is specifically mentioned in the
Plan narrative:
"The third area running south from West Pine Street... differs
somewhat from the other two. It contains many single family
residences and newly developed low level apartment complexes.
This area is also adjunct to industrial properties, not a
desired situation but one which is difficult to remedy. Rather
than seek a physical separation between these two uses it was
thought that careful site and design planning, landscaping and
screening would be a much preferred method of lessening the
conflict."
Also:
!' . .a more reasonable approach would be one that recognizes
this need and trend in high density multiple family living and
provides areas within the community where they can be slowly
intermingled with the least amount of conflictu
-3-
The existing uses of properties in the area, although containing many
single - family units, also conflict with the criteria for the Medium Density
Residential (MD) designation as contained in the Comprehensive Plan nar-
rative. Specifically:
"Policies for Development (Medium Density)
The majority of the medium density area shall be considered as
desirable only for single family residences. Multiple family
units or condominium living shall be allowed only under planned
unit development procedures.
For purposes of the comprehensive plan medium density means one
to eight dwelling units per acre. The desired density however
ranges from four to eight dwelling units per acre."
Last but not Least, the proposed amendment complies with Chapter S,
the Housing Element of the Plan, in that the change in Comprehensive Plan
Map designation will help address several stated areas of concern:
" 1) A significant number of families are spending in
excess of 25 percent of their income for housing.
2) A definite lack of a variety of housing choices by
type or income level is evident."
-4-
The proposed amendment also complies with an objective of Chapter 8 Cthe
Housing Element):
"Limited income families should be able to find adequate
housing opportunities in the area. City officials should
encourage the private development of a significant ratio of
housing types within all income levels."
Based upon the information presented above, the City of Central Point can
find that the proposed Comprehensive Plan amendment does comply with
provisions of the Comprehensive Plan.
PUBLIC NEED
Since the issue of the Comprehensive Plan change is basically one of
housing density, public need for the requested Plan amendment can be sub-
stantiated by housing need criteria.
According to a recent report on housing for Jackson County ( "Housing for
People - A Review of the Housing Element of the 1978 Draft Comprehensive
Plan of Jackson County ", July 1979), by the year 2000 the urban areas of
the County will need to provide 21,597 additional housing units. Of this
number, the Central Point "fair share ", based upon population projections,
is 6,288 units (see Exhibit V'), or approximately 315 new units per year
for the next 20 years.
Further, the Housing Market Analysis Report for Jackson County (1978)
prepared by the Oregon State Division of Housing, indicates that the sales
vacancy rate for housing, county -wide, is currently estimated at 1.8 %,
while the rental vacancy rate is estimated at 2.5 %, substantially lower
than both state and federal guidelines for vacancy rates nationwide.
Finally, the Report of the Task Force on Housing Costs (February 1979)
prepared by the Greater Medford Chamber of Commerce, indicates that the
supply of buildable, available land in the urbanizable area of Jackson
County is limited, and that the net result is a substantial increase in
-5-
per -lot costs, directly affecting the availability of housing in the
general area. Copies of the reports referenced above are included in
Exhibit "E ".
The public need for adequate housing that is within the economic reach of
the majority of the residents of the area is graphically demonstrated by
information contained in the referenced reports.
As an example, the average annual salary for the area is computed at
$14,251 per year, or $1,104.29 per month. (.Figures are an average of both
home ownership and renter salaries, provided by the U.S. Census Bureau and
the Oregon State Division of Housing). Using the HUD guidelines (25% of
gross income should be earmarked for housing), the maximum mortgage payment
for the average wage -earner in the general area should be $276 /month.
However, if we assume that the average home mortgage in the area is
$45,000, at current interest rates (8 % -11 %), payments (excluding taxes
and insurance) will range between $330.20 and $428.55 per month, substan-
tially more than the HUD guidelines.
Although 33..4% of the single - family housing demand is for units costing
less than $45,000, the average cast of single - family units in August of
1979 in the Jackson County area was $54,900 for pre -owned homes and
$64,000 for new, single- family homes.
Finally, the information contained in the reports in Exhibit "E" show only
7.2% of the households in the general area can afford a mortgage of
$45,000. In addition, 27.1% of the households in the county need some
form of assisted housing, either in terms or rental or purchase assistance.
Further justification and public need for the proposed amendment is pri-
marily designed to resolve substantial differences that exist between
the City Comprehensive Plan Map and the Zoning Ordinance and Zoning Nap
of the city, which has resulted in what is familiarly described as a
"Baker" conflict.
(To clarify: In 1975 the Oregon Supreme Court reviewed the case of
Baker vs. City of Milwaukee and stated:
In summary, we concluded that a comprehensive plan is the
controlling land use instrument for a city. Upon passage of
a comprehensive plan, a city assumes a responsibility to ef-
fectuate that plan and conform prior conflicting zoning ordin-
ances to it. We further hold that the zoning decisions of
the city must be in accordance with that plan, and a zoning
ordinance which allows a more intensive use than that pre-
scribed in the plan must fail. (271 OR 500 533 P2d 779, 1975)
In this case, the proposed amendment to the Comprehensive Plan is requested
since the existing Zoning Ordinance designation in fact, better represents
r'a
both the land use in ,#eh area when the Plan was written in 1973, and
existing land uses in the area.
Since the adoption of the Central Point Plan, additional four -plex units
have been built in the general area in conformance with the Zoning ordin-
ance but not in conformance with the medium density designation of the
Plan. Since this construction has altered the general densities in the
area, the City can find that a demonstrated public need exists to resolve
Plan and Ordinance conflicts.
Based upon this information, the City of Central Point can determine that
a public need does exist and can be addressed by an amendment to the Plan
Map from Medium Density to High Density for the area under consideration.
NEED BEST MET
The subject area is presently surrounded by a variety of urban uses, in-
cluding industrial, medium density single - family dwellings, and high
density apartment complexes and four -plex units.
In application of the policies and procedures of the Comprehensive Plan
-7-
and addressing proper planning principles, it is appropriate to phase the
intensity of land use from industrial (along the railroad) south and west
to the existing single - family uses. The inclusion of the subject area as
high density residential provides for a buffer zone of multiple - family
units between the single-family areas and the light industrial designated
areas adjacent to the tracts, resulting in "de facto" separation of these
specific environments. The availability of urban services (water, sewer,
police and fire protection, etc.), as well as the proximity to major art-
erials in Central Point, further commits the area to a high- density design-
ation in conformance with the Comprehensive Plan narrative.
Development of the area with high density
with adjacent areas and can be considered
the questions outlined in the Plan goals,
Specifically, the amendment:
(1) Does provide for orderly and re.
Central Point urbanized area.
use will not be out of character
"infilling ", again addressing
objectives and policies.
isonable expansion of the
(2) Does encourage the enhancement of private property values
by comparable arrangement of land uses. Since multi- family
densities are prevalent in the area, land costs are generally
predicated on the value of the property for multi - family use,
regardless of the existing use of the property.
(3) The proposed amendment provides additional flexibility of
residential living areas and housing types within the corporate
limits of the city of Central Point.
(4) In terms of location, high- density uses in the area will make
shopping and transportation more available to those segments of the
economy who need the facilities the most, i.e., elderly and lower -
income families who traditionally live in multi - family units.
(5) The amendment appears to indicate the mast logical and econom-
ical expansion of community facilities and services, in that the
specific area is close to the central core of the city and would not
place additional stresses an the ability of the City to provide
service.
ME
(6) Since the Comprehensive Plan Map amendment is aimed at a small,
specific area, the park and recreation question appears to be non -
applicable.
The proposed amendment to the Comprehensive Plan Map would provide the
ability of the private sector to make available additional multiple- family
building sites for the Central Point urbanized. area. In light of the dem-
onstrated need for additional housing starts within the community, the City
of Central Point can find that this Comprehensive Plan amendment best meets
the needs of the community.
AM RCR TMPArT
The City of Central Point can find that the Plan Map amendment will have
minimum impact on the existing neighborhood for the following reasons:
(1) The change in Comprehensive Plan Map designation will not
change the character of the neighborhood, which already has been
irrevocably committed to high- density uses.
(2) The change in Map designation will result in additional
multi- family housing starts, with the resulting positive impact on
housing and the local economy.
(3) The change in designation will provide a buffering area along
the light industrial district and provide a reasonable transition from
industrial to medium - density uses, with little or no effect on the
existing land use in the area.
(4) The proposed Map designation will hopefully resolve the existing
conflict that exists between the Comprehensive Plan and the present
zoning ordinances, since the existing Zoning Ordinance does, in fact,
permit multiple- family dwellings in the area,
Based upon the criteria presented, we urge the City of Central Point to
consider the application for a change in Comprehensive Plan Map designation
from medium- density residential to high- density residential.
CONFORMANCE WITH STATE -WIDE PLANNING GOALS (LCDC GOALS)
# 1 - Citizen Involvement-
The procedure outlined in Sections 17.96.030 through 17.96,060 of
the Central Point Municipal Code provides for substantial citizen involve-
ment in any comprehensive plan change. Based upon the criteria established
by the City, the City of Central Point can find that the hearing process
adopted allows for adequate citizen involvement regarding the proposed
amendment.
Goal #2 - Land Use Planning
This planning goal is addressed by the City of Central Point inasmuch
as they have an adopted and recognized Comprehensive Plan. Section 5 of
LCDC Goal #2 outlines the criteria for major revisions and minor changes
in the plan and the implementation measures; it can be found by the City
of Central Point that the ordinances of the City and the findings as pre-
sented in this application conform with the provisions of Goal #2,
Goal #3 - Aericultural Lands
Since the property under discussion lies within the corporate limits
of the city, Goal #3 is non - applicable.
Goal Ik4 - Forest Lands
Since the property under discussion lies within the corporate limits
of the city, Goal #4 is also non - applicable.
Goal #5 - Open Spaces, Scenic & Historic Areas and Natural Resources
Again, the Comprehensive Plan of the City of Central Point has out-
lined open spaces, scenic and historical areas, as well as making provision
for natural resources. The proposed change in the Comprehensive Plan Map
designation is not affected by Goal i65, and this goal can be found to be
non - applicable to this application-
- Air. Water and Land Resources
Since the proposed Map amendment lies within the corporate limits of
090E
the city, and the property does benefit from municipal facilities, in-
cluding water and sewer services, the provisions of Coal #6 can be found
to be non - applicable.
Goal #7 - Areas Subject to Natural Disasters S Hazards
Again, because of the location and topography of the subject property,
Goal #7 can be found to be non - applicable.
Goal #8 - Recreational Needs
The change in Comprehensive Plan Map designation does not address the
recreational needs of the citizens of the state and visitors, since the
property is primarily residential in character. However, the City of
Central Point Comprehensive Plan does provide for recreational goals which
should be implemented at the development stage by the City. Since the
underlying purpose of the Map amendment application is to resolve a basic
conflict between the Plan and the implementing ordinances, it can he found
by the City that Goal $8 is non - applicable to this application.
Goal #9 - Economy of the State
The goal to diversify and improve the economy of the state is addressed
by the proposed application only in general terms, since the change in
Comprehensive Plan Map designation will stimulate additional multi - family
housing starts. This stimulation will result in some changes to the local
economy, since the building trades industry provides a livelihood for a
large segment of the population in Jackson County. The proposed amendment
does not affect either the commercial or industrial areas except peripherally,
is buffering these areas from the existing residential uses in conformance
with Section 2 of the Planning Guidelines under Goal U9.
Goal #10 - Housing
The direct result of the Comprehensive Plan Map amendmetn would be to
address most of the criteria established by Goal #10 - to provide for the
housing needs of the citizens of the state. The additional multi- family
units meet with all of the planning guidelines of Goal 1110, as well as the
_11-
implementation measures outlined under this goal.
y Goal #11 - Public Facilities & Services
,\ Again, since the subject property lies within the corporate limits of
the city and is served at this time by public facilities and services,
it can be found that the proposed Comprehensive Plan Map change does comply
with the requirements of Goal #11.
Goal 1112 - Transportation
Since the subject property is located an a major arterial, and the
potential uses of the property as multi - family units are adjacent to
arterials, it can be found that this change in zoning designation will, in
fact, have a positive impact on the transporation problems of those people
who would be living in this area. Since the project area is near the
Central Point urban core, and since proposed developments in the subject
area do comply with existing zoning regulations, the City of Central Point
can find that the Comprehensive Plan Map designation of high- density does
conform with the provisions of Goal 1112.
Goal 1113 - Energy Conservation
The proximity of the subject property to the central area will also
help in the energy conservation measures adopted by the City in the Compre-
hensive Plan. Further, the uses of the property for multi - family units
conform with policies outlined in Paragraph "H" - "Implementation of Goal
$13 ", and can be found by the City to conform with provisions of this goal.
Goal 9114 - Urbanization
The City of Central Point can find that the proposed Comprehensive
Plan Map designation change from medium- density to high - density does
conform with the guidelines as outlined under the provisions of Goal #14.
These guidelines specify that the conversion of urbanizable land to urban
uses shall be based on:
1. Orderly economic provision for public facilities and services;
2. Availability of sufficient land for the various uses to insure
choices in the marketplace;
-lz-
3, The LCDC goals;
4. The encouragement of development within urban areas before con-
version of urbanizable areas.
Based on these criteria, the City of Central Point can find that the pro-
posed Comprehensive Plan Map change of designation does, in fact, conform
with the provisions of Goal #14.
As a result of the foregoing information, we feel that the City of Central
Point has adequate justification for the proposed change and that the public
need relationship to state -wide planning goals and to the Comprehensive Plan
of the city have been addressed. We therefore urge favorable approval of
the change in Comprehensive Plan Map designation from Medium Density resi-
dential to High Density residential for the subject property.
Respectfully submitted,
J. Michael LaNier
RCS Management, Inc.
POWER OF ATTORNEY
(date)
TO WHOM IT MAY CONCERN:
This letter will authorize RCS Management, Inc., and its
employees to act in my behalf regarding the following action:
Comprehensive Plan Change, City of Central PcinC fop the
attached properties: (See Attached Legal DescripCion).
RCS Management, Inc. is empowered to make all representations
regarding this action before the appropriate agencies.
c'
WITNESS: "/` - -� - --
(date)
3 1
V1 r
Ulf
�C
U ..
m [i
r
J
N r
to n
4�
P1 ��
Z T
b L
r C1
U, C:
C T
N
J
u�
N
CI
M
m r:
r r
M n
I S
Z
mm
to to
❑❑
t� u
Jn
J �
la e[
N ❑
(n �
A ,0
P QJ