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HomeMy WebLinkAboutOrdinance 1419ORDINANCE NO . ~'~°'~ AN ORDINANCE DECLARING THE COUNCIL°S INTENT TO ANNEX A CONTIGUOUS PARCEL OF PROPERTY OWNED BY L. FRANEK, J. McGINNIS, T. BARNES AND D. SMITH, WITHOUT AN ELECTION AND TO WITHDRAW SUCH PROPERTY FROM FIRE DISTRICT NO. 3 AND BEAR CREEK VALLEY SANITARY AUTHORITY AND SETTING A DATE FOR PUBLIC HEARING THEREON WHEREAS, a petition has been filed with the City of Central Point requesting and consenting to the annexation of the following described parcel of real property contiguous to the City of Central Point, by the owners of said parcel, L. Franek, J. McGinnis, T. Barnes and D. Smith, and WHEREAS, the Council has elected pursuant to ORS 222.120 to dispense with an election in said annexation proceeding, and to withdraw said property, if annexed, from Jackson County Fire District No. 3 and Bear Creek Valley Sanitary Authority, now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Proceedings are hereby initiated for annexa- tion to the City of Central Point of a parcel of approximately 13.5 acres. located in the vicinity of Beall Lane and Snowy Butte Road, (J. C. Map Page 37-2W-lODA, Tax Lots 100, 200, 300 & 400), which parcel is more particularly described as followsd Commencing at the Southwest corner of Lot "R" of the Snowy Butte Orchards, according to the Official Plat thereof, now of record in Jackson County, Oregon; thence South 89° 59' East along the South line of Lot. "R" and Lot "S" of said subdivision, 780.35 feet; thence North parallel with the East line of said Lot "R" 30..00 feet to the North right of way line of Beall Lane (County Road) for the point of beginning; thence continue North parallel with said East lot line 882.90 feet to the South line of Lot page 1 - Ordinance No. "L" in said Snowy Butte Orchards; thence East along the North lines of Lots "S'° and "T" in said Snowy Butte Orchards, 577.55 feet to the Northeast corner of said Lot "T"; thence along the Easterly line of said Lot "T", South 02° 57' West 68..5 feet; thence South 21° Ol° East 353.9 feet; thence South 06° 09' West 487.0 feet to intersect the North right of way line of said Beall Lane; thence West along said North right of way line 645..75 feet. to the point of begin- ning. Containing 13.5 net acres, more or less. Section 2. The public hearing on the question of annexation of the above described parcel of real property to the City of Central Point and for withdrawing said property from Jackson County Fire Protection District No. 3 and Bear Creek Valley Sanitary Authority will be held at the regular meeting of the Central Point City Council on the,~'~ -day of 1981 commencing at 7:00 p.m., at the Central Point City Hall, at which date, time and place all interested persons may appear to be heard on the question of said annexa- tion and withdrawal. Section 3. The City Recorder is directed to cause notice of hearing on the issues of annexation and withdrawal to be published once each week for two successive weeks prior to the date of hearing in the Medford Mail Tribune, a newspaper of general circulation in the City of Central Point, Oregon, with the second publication to be no less than 24 hours prior to the hearing and shall cause notices of the hearing to be posted in four public places in the city for two successive weeks prior to the date of hearing. Section. 4. This ordinance being necessary for the Page 2 - Ordinance No. _ immediate preservation of the public peace, health and safety of the City of Central Point, Oregon, in order that publication of notice of said public hearings may commence immediately upon passage hereof, an emergency is hereby .declared to exist and this ordinance shall be in full. force and effect immediately. Passed by the Council and signed by me in authentication of its passage this f~~ day of z,~,~, 1981. '~' P~ayor ATTEST: ~_'``y f Mayor Page 3 - Ordinance No. ,/g~/ j WGCog ~ BEFORE T}IE PLANNING COti1tiIISSION AND Tk-IE CITY COUiVCIL OF THE CITY OF CENTRAL POINT, OREGON: CONCURRENT APPLICA'T'IONS FOF~ ANNEXATION, ) ZONING DESIGNATION TO R-3 AND A COND- ) ITIONAI.~ USE PERi~~lIT FOR A PARCEL OF APP- ) ROXIMATELY 1 ACRE, LOCATED ADJACENT TO ) INTERSTATE 5 APPROXIMATELY 2238 FEET ) EAST OF' FREEMAN ROAD AND APPROXIMATELY) ?84 FEET NORTH OF HOPKINS ROAD: MORE ) COMMONLY KNOPIN AS TAX LOT 100 , 37 2.W ) 11A, IN JACKSON COUNTY, OREGON. )' GENERAL: Intermountain f-Iome Sys>tems, Ltd, Appli c.an RCS MANAGEMENT ~ INC . , Agent: '1 he purpose of the annexation, coning desis?nati_on anci con- ditional use permit requests far the subject property is primarily to provide design continuity for the project known as The Meadows,°' a development of appraximate]_y 266 units of pre-manufactured housing in Central Poin~i;. Preliminary design plans indicate that the subject property, a triangu7_ar parcel lying between "The Meadows" and T_nt.c~:~state 5 is to be developed as an extension of the development, primarily as recreational facilities (tennis courts) and. for storage of recreational vehicles such as motor homes, boats, campers etc. , for residents of "`Che Meadows." 'The. propert~~ is also .being .considered necessary for providing f'c~z`~ ~i.cldi-tional drainage of tale project . 'k'hese findings are submitted to provide 1.;hr_ C:i.~t.,y of C;entz°aa. Point with information in order to act on concurrent; app- lications for annexation, designation of the site to R--3 and a conditional use permit for the site. Further testimony will be presented during the public hearing process. FINDINGS OF FACT: Compliance 1.Jith State and Local AnnExation Requirements The City of Central Pon-l:. can findthat the appl~.cation :f:'or annexation does comply with. the provisions of ORS 222.111, which stipulates that the,parcel_ under consideraaion :E'or annexation must be contiguous with the City Limits. (Reference: Exhibit No. 5). The City of Central F'oint can find that the application also complies with the provisions of ORS 222.170 in that the "triple majority" requirements are mci.; specifically, fi.hat snore than one-half the owners who own snore than one half the land area in the territory ~~nd representing; more than one half the assessed valuation. of the territory proposed for annexation have consented in writing to the annexation (Reference:. Exhibil:s No. 1 rind Exh:i,bit No. 6) . ,. '~ Intermountain: 2 Compliance with the Central Point Comprehensive Plan: The City of Central Point can fir_d that the proposed annex- ation, zoning designation of R-3 and. a Conditional. Use Pern~rit for the site conforms with the Comprehensive Plan, both the Land Use tap and the Text of the Plan. Specifically, 1. The site is included wit}.zin f:P~e Urban. Growth I3oundar•y . for the City of Central Point; 2. The property is'''designated on the Comprehensive Land Use ;vfap as ~-ID (High Density Residential) ; 3. F-t~3 is an appropriate use tivithin the HD area; 4. A conditional use for mobile home parks is al~,owed in an R-3 Zoning District upon issuance of a Con-- ditional Use Permit by the City. _The applications further conform with t}-rc~ fol]_owir'~g speci.f:i c: areas,of the Comprehensive Plan text: Goals and Objectives (.Chapter ?) ~~ (6Vi11 the Comprehensive Plan. reflect the following?) - an orderly and reasonable expansion o:(' i:l~re Cc~ntr~a:l. 1?oi.n~[: Urbanizing Area? - does the plan encourage the enhancement of private property values by indicating a compatible arrangement of land uses? - does the plan provide ~a flexibility of residenti.aa_ living areas and .housing :types to meet the needs of a growing pop--~ ulation? . - does the plan provide to the coaununity.the convenience of adequate shopping areas, improved transportation. pattern arrc~. an increase in localized employment opporl~unities? - does the plan indicate the most logicr~l_ and. econorni.ca.7_ cx-- pansion of community facilities and seru_ces? - does the plan provide for an adequate system of pa~,lc a.nd recreational areas in the community?" In examination of the application, it can be easily found that the expansion of the City Li;,tits by appr~oxirna.tely 7. acre, particularly due to the configuration and location of the site, is reasonable, end orderly. Since the land. will be used for private industr~r, is in conformance with the land use designation of the plan, and will be incorpor- ated as recreational use propert~° into an approved mob:i_7.e home subdivision with access. to ~~ major transportation ~~ . ~~~b ~~~s~~~ . ~~ ~ Intermountain: 3 arterial, and is not going to have an effect on community facilities and services, the City of Central Point can find that the- applications do comply with the Goals and Objectives as outlined in the Central Point Comprehensave Pa an. Land Use Element (Chapter 5) The applications before the City can be found to comply with. the fo1_lowing "General Policies for DeVeloJ_~ment" found, in the Land Use Element of the Comprehensive Plan: The residential development of the area should. follow an orderly pattern, leapfrogging or sporadic develoJ~rnent is discouraged. All residential uses will be required to make provisions for off-street parking consistent with the needs of thc~ development. N:ew developments should be designed so tha.l: a.ndividual units are not required to have immediate vehicular access to major• arterial roadways." Further, the Policies for Development as ou.f;).i.ned in t:he Residential section of the Land Use Element. note, " A wide variety of housing. types should be encouractcd. Density and use regulations should offer ~,. proper range. with in the city to meet this demand.. The grouping of limited income housing should be avoided,. thereby not directly causing fixture social JarobJ_~ms>. New methods of home construction such as modular design should be considered within the city, with objectives aimed, aL prov:ids.nc. less expensive housing costs for the buyer."~ Based upon an examination of. thcs~ r.a.ses for -f.l~c pr~caJ>osc~tl s%~t:C,: and its contiguity with the project called '-'The Meadows", it can be found that the applications are :i:rr conf'orrnance with the above policies and goals as expressed in -the Comprehensive Plan. 3-tousng Element (Chapter 8) According to the statistics compiled in the 7.9"13 ~di~:ion of the Comprehensive Plan, approximately,2.'7 percent of the housing in the City of Central Point was provided by mobile homes, with over 80 J~ercent provided by conventional single family dwellings. Further, two major areas of concern were outlined in the plan: r~ -- j ~ Intermountain: 4 . 1) A significant number of families are spending in excess of 25 percent of their income for hous3.ng. 2) A definite lack of a variety of housing choices. by type or income level is evident. Since the property known as "The P~9e.adows"' .s an attempf: to provide a diversified alternative to conventional singJ_e family housing, and since the subject parcel. is to be used as a non-residential extension of the project, but a necessary one, the City of Central Point can find that the proposed annexation, zoning designation ,and application for a condition- al use permit is in accordance with the policies expressed in the Housing Element, .and will help .address the major areas of concern as expressed in the plan. - " The City of. Central Point can find that the applications also conform with the basic policies as outlined by Chapter 9 (Administration and Implementation) in t}gat the changes ' to the Zoning Ordinance are consistent with the policies and objectives of the comprehensive plan, and with. other city policies, specifically Ordiance 1~6F3, in.permitti.ng concurrent applications. . Based upon. the above,. the City o:f Centraal I'oJ.llt can find that the applications for annexation, zoning and the condition a7. use permit do conform with the City of Central Point Comp- rehensive Plan. Compliance with City of Central Point Planning Goals: The City of Central Point Planning Goals, as developed and defined .in the Comprehensive Plan (Chapter 4) outJ_ine.the specific policies and goals for the city. Based upon the ' information as presented above regarding ~:he C~.i:y Compre-~ - hensive Plan, the City of Central Pointe can find ti"~ai: the applications do conform to the City of Central Point p7_anning goals. Compliance with Statewide Planning Goals: Ln addition to the City of Central Point Planning Goals and Comprehensive Plan, the application for annexation must address itself to the Statewice Planning GoaJ.s as set by the Oregon Land Conservation and Development Commission (LCDC). This compliance i~ outlined as foJ.].ows: ~~ ~' ' Intermountain: 5 Compliance with the Statewide Planning Goals: Goal No. 1: Citizen Involvement: The City of Central Point can. find that the public hearing and citizen advisory process currently in use by the city does .meet the criteria established by Goal No. 1 in that the City has adopted and.. publicised a citizen. invc?lvernent prrr~rram by which the general public is involved in 't:he ongoirrg J_and use planning decisions within the city. Such program is included as a provision of the Central Poirit Comprehensive Plan. Goal No. 2: Land Use Planning: The City of Central Point can find that the.. criteria of Goal No. 2 are being met as the City currently has adopted a Comprehensive Plan, which will provide the planning and policy framework for all land use decisions in the City. The Comprehensive Plan complies with the existing LCDC goals, and the City has also adopted by ordinance planning policies°and ' procedures, and has adopted an urban growth boundary as well. ,Based upon. this information, the City of Central Point can find that the applications are.in conformance with these policies, and the provisions of Goal No. 2. Goal No . 3 : A~riculf:ural Land: Goal No . 3 , ``'To preserve and maintain agricultural lands" is not applicable, since the subject property lies within the urb<:an growth boundary of the City of Central Point, ~.u-~d such incJ.u~ .on indicates the property is urban:izable and suitable for urban develop- ment. Soil classification on the property is I`'; however,. the parcel size (just under 1 acre) is such that commercial agricultural use would be difficult if. not: irnpossible. Based upon the above, the City can find that the applications do conform with the provisions of Goal 1Vo. 3. Goal No. 4: Forest Lands: Goal Ido. 4 is non-applicable since there is no marketable timber on the site, nor is the property designated as forest. Furt:l~~er, since inclusion, of the property into the urE~an gr~o~.vth bound.<~ry has been established, the City of Central Point can find that the land is ur~banizabl.e, acid that f-he appJ_icat:i.o~'is do conform with i.he criteria of Goal No. ~. Goal No. 5: Open Space, Scenic and Historical Areas: Goal No. 5 is designed to conserve open space and protect natural and scenic resources. Again, since the subject property is contained within the urban growtl-a boundary of the City, and since the property is adjacent to a major interstate freeway, the annexation, zoninc; and use of the property as proposed will not viol<1te any of the specific provisions of Goal No. 5, as folJ_ows: A) The land is not needed ar desired f.'oz:~ open spare; l~ ~~~~~~~~ ~ ~~ ~. Intermountain:: 6 B) There are no mineral or aggregate resources on ' the site; C) There are no energy sources on the site; _ D) The site is not ecologically or scientificall • significant, y nor is the site a si.gni_fcant fis}~ or wildlife . area; E) There is no site; outstanding scenic ori_cntation for the F) The site is wetland not adjacent. to, or near any significant s or watershed area; G) There are no historical structures or sites. on. the property; N) The site has d no significant cultural relationships or esiglzation; - I) The site is not-near nor included in any recreational trail, wild or scenic waterway as designated either by the State of Oregon or the.Federal. government. Based upon the above criteria, the City of Centra)_ point can find that the proposed project does not vi.ol_a.te any of •t:he provisions of Goal No. 5. Goal No. 6: Air,TWater and Land Resources Qua---1-=~1'_ Since the site is not generally acceptab7_e for agricultural. uses (size, location within the Rrban Growth F3oundar~, Class IV unirrigated soils, adjacent to freeway) it ~s the opinion of the applicant that the property can~be generally accepted as developable urban land. The pr~•oposed use of the property will not entail any further extension of public services such as water, sewer or refuse rcmoval_; 7_ilcewi:sc, the proposed use (recreation and parking) i.s essentially "clean" from an environmental standpoint, i.n that .air. and water pollution from the site will not be cfeneratcd. Adequate drainage will be provided by the developer so additonal down- stream drainage impacts will be avoided. Use of the property as proposed is in conformance with accep~:ed deve7_opment p7.ans and will provide a space buffer for those Izomes cSosest to the freeway, in terms of noise. Based upon an examination of the site, and the. above, the City of Central Point can find that the project i:s in conformance with the criteria of Goal. No. G. 1~ ~~~~~~~9~ k 9 ~ ~~' _ (~ .- Intermountain: '7 r Goal No. ?: Areas Subject to Natural Disasters & Hazards: Since the subject property lies outside any recognized floodplain as defined by HUD, and is not located in a major seismic or volcanic hazard.. ar~c~r~., ,the City of Cent:ra]. Point can find that the annexation rand development oi' tl-Je sa_t.e will not v~.olate the provisarZS ~:~.{' Goal- No. '!. Goal No. 8: Recreational Needs of Citizens and Visitors: The intent of the provisions of Goal No. 8 seem to imply that all comprel-rensive plans adopted by loca]. government agencies must address the question of prove.ding for a substantial amount of recreational opportunities.. Since the proposed use of the site incl_~ides recreationa]_ facilities for the residents of the project, and since the question of area wide recreational facilities is addressed, by the County and the. City of Central Point in that they have provided f.'or recreational opportunities on a city and country ].eveJ_ ('TI7e .Jackson County Exposition grounds as a case in point), The City of Central Point can ...find that the annexat;i.on, zoning and use of the property is in con:E'ormance tiv~.th the provisions of Coal No. 8. ~ . Goal No. 9: Economy of the Stilt;c:: The provi.si.c>n~; of Goal No. 9 are, specif:ically, " 'I'o divers:.fy. rind. improve the economy of the state." The proposed annexation, zoning designation. and use of the property will have an insignificant effect on tI-rc economy of the state. However, the property is an extension. of a project that wil_1 generate an approximate 2?_ 1711, ~. ].101'1 do].lar•_5 in the local economy over the three year pel,i.od for develop- ment of the sites in addition the development}-fas been anal. will_be providing jobs for the local economy. Based upon this information, it can be found that ti-re projc:r_tred annex- ation, zoning and use of the }~ror~c>rty w:i_]_J. not; v~.olate any of the provisions of Goal No. C3, but will have a, small positive impact as part: o.f' a :L.~trc~,~cr devc.]_oprnent . Goal No. 10: Housi.n~': 'T'here is now, and has I_>cen for some time, a demonstrated need for• housing in Jackson Gounty and the various cities that make up the urban development centers within the county. The demonstrated need is based upon the statements in the Central Point Comprehensive Plan, The Jac}cson County i-}o using Mar}cet Analysis as prr-_pared by t}ie Oregon State Division a:C Housing (July 1378) r,nd ti~re Greater Medford Area Chamber ot.' Commerce 'task T~'or•ce on Housing. In additon, in July o:f' 1979, a consortiur;~ ]mown as Citi.ens f'or 1-Iousine; comtn:issioned a review oi' tl~e Jac}cson County Housi.r~g Element, which provided adcliti.onal. . . _. ~,~ ~.. Intermountain.: 8 statistical data on housing and housing need in Jackson Cot.tnty and the local communities. Since the proposed annexation, zone designation and conditional use permit applications are for a parcel that is scheduled for inclusion into a 226 unit manufactured housing development, the City of Central Point can find that the provisions of Goal No. 10 have been met. Goal No. 11: Public Facilities and Services: The City of Central Point, by including the subject property in the area within the~Urban Growth Boundary, has demonstrated that the logical use for the property is for urban development, and has assumed responsibilit~~ to plan f'or provision of public services to the site. However, since the site is being developed as a privately owned manufactured housing community, and the subject parcel will be used for parking. and recreation., the City of Central Point can find. that the annexation and subsequent development of the site wi7_]_ not affect the public facilities of the city, and that such development is in conformance with. the criteria of Goal No. 11. Goal No. 12: Transportation: Goal No. 12 is designed to "provide and encourage a safe and convenicni: econom~_ca7. transportation system." As in the case of all the Statewide goals, Goa1.No. 12 is specifically oriented to addressing the provisions of a transportation plan as developed by the local government agencies. The annexation of the subject parcel, and subsequent use of the parcel, does not conflict with any of the provisions of Goal No. 12. Since the. parent development is adjacent to Interstate 5 and freeman Road, which is a major arterial for that segment of Central. Point, it can be found by the city that the annexation and use of the site as proposed is in conformance with the development . plan, which does conform with Goal No. 12. -. Further, Section B-3 of Goal \o. 12 specifir.~~:1.7.y addresses. property adjacent to major transportation facilities, and refers such development to the local jurisdiction: . °13. Lands adjacent to major mass tr~.nsit stations, freeway interchanges, and other major a=ir, Land and water terminals, should be managed and contro7.led so as to be consistent with and supportive of., the land use and development patterns identified in the Comprehensive Plan of the j urisdicti.on with:i.n which the facilities are located." ~lgain,~ since the subject actions are in conformance with the Central Point Comprehensive. Plan, they do not violate the provisions of Goal No. 12. e~ __. .x Intermountain: 9 f Goal No. 13: Energy Conservation: The provisions of Goal No. 13 are, simply, "'To Conserve Energy." The mere act of. annexation and designation of a zoning district will not have~any impact on energy conservation or use. However, use of the site for recreation and parking for recreational vehicles will have a slight impact on~energy conserva~~ion, in that residents of.' the development wi.7.1. not I~~ave to .drive to other sites for e_it:her recreational uses or for sf.oraJe of their vehicles. Incorporation of the site into the approved development (The ~Ieadows) wi.l]_ result in a saving of energy, in compliance with Goal No. 13. Goal No. 14: Urbanization: The provisions of Goal \o. 14 are specifically directed again at local. jurisdictions in developing procedures for (1) "An order.l.y and efficient transition from rural to urban land use," and (2) "Ura"an . Growth Boundaries shall be established to identify and separate'urbanizable land from rural Land." Because the subject parcel is included within the urban Growth Boundary as shown on the Comprehensi.vc~ Land Use '~iap ~f the City of Central Point, and is shown as an ur.•ban use on that map (High Density Residential) the. City of: Central Point can find that the annexation, zona_ng des~nation.and conditional use of the property as a recreational and parking area is in con:f'ormance with the urbanization }~o.licies of the City, and conforms witt-r the provi,s.i.ons of Gcra1 No.. 1•~}. Public Need and Need Best stet: The requirements of the.City of Central Point in terms of burden of proof for all land use decisions (pri:marily zone changes and Conditional 'Use permits) genera]. ]_y address the concept of public need and Need Best iviet, as determinzd by the Fasano decision. I-Iowever, in December of 1979 the Supreme Court of the State of Oregon, in )~iauri.ne Neuberger and others v. City of Portland and others, issued a decision which is an important departure from a portion of the Court's 1973 decision of I'asano, and has a bearing on land use decisions at the loc<-z:i level. The court said, °t~` ^1'he LCDC goals and guidelines were formulated .after tiie Fasano decision and the Commission undoubtedly had that case in mind during the - drafting process. We find it significant that the Commission, under those circumstances, made no mention whatsoever in Goa]. No. 2 of a requirement that the site of a proposed zone change be compareci with other a.vai].able property." ZO . ~~~~T~ Intermountain: 10 "The Commission did express its concern that certain. amendments ought to be supported by ~a factual showing of "public need", but chose to express that concern as a guideline or suggestion rather than to incorporate it i_n a mandatory rule or-goal.. We find, then, no statutory or L,CDC requirement that a showing of either public need or a comp- arision with other available property is a spec- fic~and independent prerequisite to a zoning amendment. In light of the cont%nuous legislative and. agency attention to the p7.anning and zone process since the Fasano decision, we~conclude that the legislature and L.CDC have not fo wed it necessary to impose. such requirements." 1 In our opinion, the decision basically states that. l.oce~J. jurisdictions, in adopting a Comprehensive Plan, have- in fact assessed the public need for certain types o~•:Land use, and if the proposed change is in conformance with the Comprehensive Plan the land use must meet that. need. In support of this application, however, the City of Central. Point can find that a demonstrated p~.iblic need does exist for additonal lower cost housing in the r_irea. 7'he ~..°eports on housing requirements for• Jackson County referred to in the discussion of Goal 10 have provided the following factual, statistical. basis for housing need in the area; this need is also supported in the Central Point Comprehensive Plan, as outlined in the Housing Element: "The-.present annual housing demand. is for 928 single family units and 8"lO rental units, for a total of 1,798 housing units in Jacltson County." --Housing for People, July, 1979.. State Court Administrator, Supreme Cotir~ Elui7.ding, Salem, Oregon, 97310: CASLS DECIDED,. Dec. 4, 1979. 21 } Irrterrnountain: 1_l "Housing vacancy rates in Jackson County also provide an indicator of a strong hous~.ng need. The county has been characterized by a low vacancy rate; total vacant units declined by about 259 between 1970 and 1978. T'he sales vacancy ~:~ate only increased from 1.78% in 1970 to 1..80% in 1978, while the rental rate droppc;d :('rom 7.34 a.n 1970 to an estimated 2.5~ in July of" 1978." --.Housing for People, July, 1979. -- State Division of Housing t~tarlcet Analysis Report £or Jackson County, Oregon, 1.978 The Fair Share allocation, based .upon. the number of l~~ouseholds in the County as projected in the Housing for People study, indicates that the City of Central Point, by the year 2000, will need to generate approximately 6288 new hous7.ng units to meet anticipated population growth, or approximately 31~ units per year.. Since the development of the ">~leadows" will provide :266 units over the next three year period of development, it can be found that the project is meeting a public need; by extrapolation, the addito n of t:he proposed tennis courts and recreational vehicle parking scheduled for• the subject property as part of the totaJ_ project, can be found. to be addressing the public need aspects as 1ve11. Eidverse Impact The City of Central Point can find that the annexation, zoning designation of F2-3 and use o.f the property as recreational vehicle storage and tennis courts,' under the nr~ovisions of the Conditional. Use permit procedure, will have no adverse i.inpact upon the neighborhood. The adjacent property is being developed for high--density housing, ar7d the site is of a size anal conformance as to accomodate the uses as .outlined. in. these fi.nda.nc?s.. The relationship of the subject parcel to the devel.apment known as "The Meadows" is such that :i.t _s a. J.ogical. ex- tension of ~Jillcuts Drive; the parcel is Located t:o provide storage and recreation for the beni.:f'it of the residents of the development with a rninimal_ impact on the residential uses. Ingress, egress and internal circulation of. traffic within the subject parcel will. be outlined on the development plan, and landscaping, buffering and other conditions imposed by i;he City wi_11 be erected as part of the requirements under the Concli_tional_ Use permit procedure. 2 2- ~tt~~..~a~~T~~ ~ ~ C M A ' f . ,i 'r" G~ ,~ Intermountain: 12 GQNCLUSIpNARY FINDINGS Based upon the evidence submitted., and the testimony of the applicant, the City of Central Point can find: 1. That the application for annexation of. the subject parcel to the City of GentraJ_ Poin~~ complies with all appropriate state anal local requirements for annexation. 2. That the findings support a zoning designation of R-3 for the site, in conformance with the City of .:Central Point Cornprehensive Plan, and appropriate LCDC requirements. 3. That the application for a conditional use permit for the subject parcel to be included into the development known as "The Meadows". a.s r~ecreationaJ_ and storage for recreational vehicles conforms with the criteria established by the City of Central Point. Based upon the above, the applicant respectfully requests that the City of Central Point schedule the appropriate. public hearings for the annexation, desa.~;nati.on oj' R-3 zoning for the property, and conditional use of the property. . Respectfully Submitted, ~~<~6%' ~~ ~J .M. LaNier RCS MANAGEMENT, INC. J 2 -3 ~ ~ / - "~ inutea ~''\~ .February 19, 1980 Planning Commission Meeting Central Point Council Chambers I. Meeting called to order by Chaira~n Nordby at ~<30 pas-® II® Roll Call found the following caembera.preaent: Chairman Nordbyp Hillyer, MacDonald' and Stallaworth. Commissioner Thelen contacted R®3® Ritchey at 4:00 p.m. and informed him that he was ill and could not attend tonights meeting Also absent was member Sorensen.. Others present were.: Dave Kucera~Gity Admin~ iatratore R®.T. RitcheyaBuilding ®fficial/Planning Director, Mike LaNierg Paul. and. Mrs. Perrault® Larry Denn and Georg Stotler®cte Ruyter~®Planning Cor~isaion _- Secretary. III. Motion by Hillyer, second. by MacDonald to approve the ~linutea,of the February S, ]..980 Planning:Commisaion Meeting. A11 in favors t~rotion carri€.de IV. Correspondence R.J. Ritchey read a notification of a Citizena~Advieory Committee Meeting to be held idedneaday, February 20, 1980 in the Chorus Room at 8cenic.dunior HigYis on the topic of the Seven. Oaks Interchange Area. No Public Appearances. ~.. . V. No Old Business ~I. Neva Business . ~..~ .Public Hearing ® Conditional Use Permit for a triangular parcel of ground, abutting the Meadows Mobile Home Park on the Easter. ~`he .application is to allow the subject property to be included in the Meadowa.Mobile Home Park, subject to the approval. o€ the Annexation and Tone Change from. County to City®R.®3 for said parcel. Intermountain Horse Systems, Ltd.D Appl:icanta Cheri . n Nordby .opened the Public Hearing portion of they me~:ting and R®.~a F~itchey, Building ®fficial®Planner presented the Staff Report stating that the applicant had carried the burden of proof, aubstaatiated.=by the proponents exhibits and findings, and entered int® the record the following.exhibita: Planning Commission Exhibit~#1 Leag~l notice provided .of thy: hearing; P.C. Exhibit #Z ~ PraponentQs application, exhibits and findings; and P.C. Exhibit 3 ~ a copy of a 99 yeax• Iease agreeffierat for subject property between Trevor B` Hare and Intermountain Horse . Systems. Mike LaNier of RCS Management Inc, Medforda OR, represertti;,ng Intermountain. Home. Systems Ltd, presented the proponents findings (Council Exhibit #3) for concurrent review of applications for ®nnexation~ Zoning Designation and a Gand® itional U ere Permit. Mr. Lal~ier stated that the subject property is included within the Urban Growth Boundary for the. City of Central Point; the property ie designated on the Comprehensive Land Use Map as HDaHigh.Density Residential; Gity Boning of R-3 lMultiple Family is appropriate within the HD area; and. Mobile Iiome:Parra axe a conditional use in an R®3 Zoning District upon issuance of a Conditional Use Permit® Mr..LaNier continued,atating that the subject property was included in the initial proposal. of several years ago, as storage and recreation area and it is planned to develop the parcel as such capon inclusion. in the Meadows Park as it is a logical extension of the park. " e~inutes `' Planning Commission Meeting February 19, 1980 page 2 ~,„ J, - Chairman Nordby closed the public portion of the hearir~g~. Upon exanjination of. the exhibits, deliberations and discussions, a motion was made by Cou~aissioner MacDonald, with a second by Commissioner Hillyer, to adopt the findings as :presented for the Conditional Use Permit and. approve said. permit subject to Council approval of the Annexation and Zone Change of the subject parcel® Roll Call. vote found all in favor, motion passed® " After further deliberations and discussion, a ffiotion waa: made by Member Mae. Donald. with a second by Member Stallsworth to draft a resolution to the Council recormmer~ding " .approval. of the Annexation and Zone Change® "Roll Call vote found all in favor, motion carri~d® ..Boa Public Hearing Conditional Use Permits Home Application .107 Donna Way, Paul Perreault, Applicant. Public Hearing was opened by Chairman Nordby® R.®.3® Ritchey, Building Official.®Planner presented the Staff Report which included the following exhibitsz #1 legal Notice of Hearing, ~2 Proponents~Application and findings, ~3 Proponents written statements® Mr® Ritchey stated that ttie application waa to performs carpet cleaning services outside the home, the proposal will create no adverse impact on the neighborhood, ..there will be no increase in traffic; no off®atreet parking'is required., there will be no outward manifestations of a business being conducted at the residence " Mr® Ritchey added that Item ~4 of Staff Report should include the Municipal Code .provision that the~only sign displayed be no larger than..1 aq® ft® Public portion of the hearing waa closed and after deliberations a motion was made by Commissioner Mac Donald to draft a Resolution of Approval far said Condi® tional Use Permit, second by Hillyer® Roll Cpll vote found.. all in fevar, motion carried® C® .1068 Plan Review Duplex, 442 North First Street, Larry Denn, Applicar-tio R®J® Ritchey, Building Official®Planner presented the Staff Report-and .added that Item ~6 regarding a potential drainage problem may not be the problem that waa ariticipated® Mr® Ritchey and Vern Capps, Public Works Superintendent, had inspected the. site and it doeen®t look as bad as waa thought®. In regards to Item ~9 of the Staff Report requiring surveying and, staking of the subject property as a condition of approval, Mr® Denn stated that a boundary line agreement. had been reached with the property owner to the east and the pins establishing that line have been set and that Verlyn Thomas had been retained to' survey, stake and.. draft a metes and bounds descriptian for the propertym rlr® Ritchey added Item X10 to the Staff Report;.~10 ®A condition of approval will be the paving of the parking.placea® IIr® Ritchey also stated that the only foreseeable problem is getting the building. high enough to get rota the sanitary sewer, said sewer being abount 20 inches below groundQ After deliberations, a motion was made by Commissioner Stallaworth to adopt the Staff Report with additions as findings and approve the 1068 Plan Review Secon~~ by Mac Donald® Roll Call vote found all in favor, motion caxrieda