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HomeMy WebLinkAboutOrdinance 1533ORDINANCE. N0. 1533 AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE CHAPTER 17.76 AND DECLARING AN EMERGENCY WHEREAS, the State Department of Land Conservation and Development has reviewed Central Point°s Comprehensive Plan and measures intended to implement the plan for compliance with statewide planning. goals9 and WHEREAS, L.C.D.C. recommended that Chapter 17.76 be amended to include standards and criteria that are more objective in nature as well as a more specific list of possible conditions that may be imposed in City approval. of a conditional use permit; and WHEREAS, the City of Central Point has developed such objective criteria and standards and list of conditions of approval that be applied in accordance with L.C.D.C.°s recommendation, and WHEREAS, by Resolution No. 425, the Central Point City Council declared its intent to amend the Comprehensive Plan Text and Map, Zoning Ordinance, and Zoning Map, and by Ordinance No. 1521, established hearing dates therefor9 and WHEREAS, public hearings reviewing the proposed amendments were duly ad- vertised in the Medford Mail Tribune as required by ordinance and held before the Citizens Advisory Committee on August 14, 1984, the Planning Commission on September 4, 1984, and the City Council on September 20, 19849 and WHEREAS, at said public hearings opportunity was provided for testimony to be heard from proponents and opponents of the amendments; now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Municipal Code Chapter 17.76.040 is hereby amended to read as follows: 17.76.040 Findings and conditions. The Planning Commission in granting a conditional use permit shall find as follows: ORDINANCE N0. 1533 -Page 1 A. That the site for the proposed use is adequate in size and shape to accommodate said use and to meet all other development and lot requirements of the subject zoning district. B. That the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use. C. That the proposed use will have no adverse effect on abutting property or the permitted use thereof. In making this determination, the Commission shall consider the proposed location of improvements on the site9 vehicular ingress, egress and internal circulation9 setbacks9 height of build- ings9 walls and fencesg landscaping9 outdoor lighting; and signs. D. That the establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety or general welfare of per- sons residing or working in the surrounding neighborhood and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community based on the review of those factors listed in item C above. E. That any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare and may includes 1. Adjustments to lot size or yard areas as needed to best accommo- date the proposed use provided the lots or yard areas conform to the stated minimum dimensions for the subject zoning district. 2. Increasing street widths or modifications in street. designs to accommodate the traffic generated by the proposed use. 3. Adjustments to off-street parking. requirements in accordance with any unique characteristics of the proposed use. 4. Regulation of points of vehicular ingress and egress. 5. Requiring landscaping, irrigation systems, lighting, and a pro- perty maintenance program. 6. Regulation of signs and their locations. 7. Requiring fences, berms, walls, or other devices to eliminate or reduce the effects of noise, vibrations, odors, or other undesirable effects on surrounding properties. 8. Regulation of time for certain types of uses when their opera- tions may adversely affect privacy or sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions. 9. Establish a time period within which the subject land use must be developed.. 10. Requirement of a bond for removal of such. use within a specified period of time. 11. Such other conditions that are found to be necessary to protect the public health, safety and general welfare. 12. In considering an application for a conditional use permit for a home occupation, the Planning Commission shall review the criteria listed in Section 17.60.190. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Central Point, Oregon, due to the necessity for L.C.D.G. acknowledgement. of the City`s Comprehensive Plan, second reading is waived and an emergency is hereby declared to exist. ORDINANCE N0. .1533 -Page 2 Passed by the Council and signed by me in authentication of its passage this 18th day of October 1984° TTEST: City Representative Approved by me thi s day of _~----_ Mayor ~'' October 1984° t / ..,= ~ ~ f Mayor c% ORDINANCE NOo 1533 -Page 3 ORDINANCE N0. 1533 A AN ORDINANCE AMENDING SECTION 17.96 OF THE CENTRAL POINT MUNICIPAL CODE RELATING TO AMENDMENTS TO THE COMPREHENSIVE PLAN WHEREAS, the Council has. determined that the amendments as set forth herein are just and equitable, and in the best interest of the citizens of Central Point; now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 17.96.040 of the Central Point Municipal Code is hereby amended as follows: 17.96.040 Schedule of Public Hearings. All proposals for amendment to the Comprehensive Plan including major revisions and minor changes shall be scheduled for public hearing before the Citizens Advisory Committee, the City's Planning Commission and the City Council on dates to be scheduled by the City Council by resolution which dates may be set by the resolution of intent. The applications and review thereof shall conform to the provisions of Chapter 1.24 of this code and all applicable laws of the state. Passed by the Council and signed by me in authentication of its passage this 16th day of November 1984.. Mayor ATTEST: ~--~ -°~ 7 l __ City Represen ive Approved by me this 16th day of November 1984. ,-~.;. ~- Mayor ORDINANCE N0. 1533A ORDINANCE N0. 1534 AN ORDINANCE DECLARING THE COUNCIL°S INTENT TO CAUSE THE CONSTRUCTION OF A WATER SYSTEM ALONG OLD UPTON ROAD, RAYMOND WAY, BOES AVENUE, AND TERESSA WAY WITHIN THE CITY OF CENTRAL POINT, TENTATIVELY APPROVING PLANS THEREFOR, SETTING A PUBLIC HEARING THEREON, AND PROVIDING FOR NOTICE TO PROPERTY OWNERS, AND DECLARING AN EMERGENCY WHEREAS, a health hazard exists to the residents of the Boes Subdivision due to an inadequate water system, and the City Administrator has prepared plans, specifications and cost estimates for said improvements9 and, WHEREAS, the City of Central Point can correct said deficiency by provid- ing City water financed through a community development block grant; and WHEREAS, in order to increase the opportunity to receive such grant, the residents of Boes Subdivision and adjacent properties need to participate by contributing funding through a local improvement district9 now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS.. Section 1. The plans, specifications and cost estimates for the con- struction of a water system along Old Upton Road, Raymond Way, Boes Avenue, and Teressa Way within the City of Central Point, Oregon, are hereby approved. Section 2. The City Council of the City of Central Point., Oregon, hereby declares its intention to cause the construction of said project in accordance with said plans and specifications, on file in the office of the City Admins- trator at City Hall,. Central Point, Oregon, and to assess each lot, or portion thereof, adjacent to and benefitted by such improvements, its proportionate share of the cost thereof as provided. by law Section 3. The sixth day of December, 1984, at 7:00 p.m. in the Council Chambers, City Hall, Central Point, Oregon, is hereby set as the date, time and place for a public hearing to consider protests against said improvements and the assessment thereof by adjacent property owners or other persons.. ORDINANCE N0. 1534 -Page 1 Section 4. The City Administrator is hereby directed to serve notice of said hearing upon the aforesaid property owners by publishing a public notice in the Medford Mail Tribune, a newspaper of general circulation with the City of Central Point, at least twice in two separate weeks before the date of said hearing and by posting said notice, one thereof at each of five (5) public and conspicuous places in the City of Central Point, for a period of more than ten (10) days prior to said hearing. Section 5. This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Central Point, Oregon, based upon a need to provide an adequate water system to the residents of the Boes Subdivision and adjacent properties, the second reading is waived and an emergency is hereby declared to exist. Passed by the Council and signed by me in authentication of its passage this 16th day of Novemb , 1984. Mayor t ATTEST: ,,~1 ... City Officer ~. Approved by me this 16th day November 1984. Mayor ORDINANCE N0. 1534 -Page 2 ORDINANCE N0. 15 3 5 AN ORDINANCE AUTHORIZING AND ORDERING THE CONSTRUCTION OF' A WATER SYSTEM ALONG OLD UPTON ROAD, RAYMOND WAY, BOES AVENUE, AND TERESA WAY WITHIN THE CITY OF CENTRAL POINT, OREGON, ASSESSING THE COSTS AGAINST THE PROPERTIES BENEFITTED BY SUCH IMPROVEMENTS AND PROVIDING THAT WARRANTS ISSUED FOR THE. COST THEREOF BE GENERAL OBLIGATIONS OF THE CITY OF CENTRAL POINT, OREGON, AND DECLARING AN EMERGENCY WHEREAS, the City Council has heretofore by Ordinance No. 1534 declared its intention to authorize the improvements herein described in accordance with plans and specifications now on file with the Office of the City Adminis- trator, and to assess each lot or portion thereof adjacent to and benefitted by such improvements its proportionate share of the cost thereof as provided by applicable law; and WHEREAS, notice of such intention has been given and published as re- quired by laws of the State of Oregon, and the public hearing was held there- after in accordance with such notice; and after hearing all testimony, whether for or agair_st such improvements or assessment of the cost thereof to the adjacent benefitted properties, it appears to the City Council that such improvement is of material benefit to the City and that all property to be assessed will be benefitted to the. extent of the probable value of the respec- tive assessments to be levied for, the cost thereof9 and WHEREAS, a local improvement .district is necessary to enhance. qualifica- tons for a Community Development Block Grant which will extend the existing City water system along Upton Road in order to connect to the proposed local improvement district water line improvements9 and WHEREAS, the local improvement district construction should not proceed without the receipt of such Community Development Bloclt Grand funds9 now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: ORDINANCE NO. 1535 -Page 1 Section 1. It is hereby ordered that subject to receipt of grant funding described above, a water system be constructed along Old Upton Road, Raymond Way, Boes Avenue, and Teresa Way within the City of Central Point, Oregon, a more particular description of which is as follows: All of the tax lots within and adjacent to the Boes Subdivision which are described as Jackson County Assessor°s Map Page 36 2W 34D, Tax Lots 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 2.23, 224, 225, 226,. 227, 228, 229, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 1200, 1300,. and 1400. All is in accordance with the plans and specifications now on file in the Office of the City Administrator, and that the cost thereof be assessed against each lot or portion thereof adjacent to and benefitted by such im- provements in proportionate share as provided by applicable law. Section 2. Authority is hereby given to the Finance Director to issue warrants for the payment of construction of the improvements above described. Such warrants shall bear interest at a rate not to exceed twelve (12) percent per annum and shall constitute general obligations of the Gity of Central Point, Oregon, with the terms and conditions of said warrants to be as pro- vided by Oregon Revised Statutes, Section 287.502 through 287.515. Section 3. This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Central Point,. Oregon, based upon the need to provide an adequate water system to alleviate a poten- tial health hazard to the residents of the Boes Subdivision and adjacent properties, second reading is waived and an emergency is hereby declared to exist. Passed by the Council and signed by me in authentication of its passage this hth day of D~c~mbPr , 1984. t _,~6" Mayor fFr ORDINANCE N0. 1535 - Page 2 ATTESTe ~. ~'`.. ~ ~ \ City Representative Approved by me this 10th day of December 1984. ~---- r ._.__ _. Mayor ORDINANCE N0. 153.5 -Page 3