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HomeMy WebLinkAboutResolution 276 - Haynes Partition Tent~, i ~~ r PLANNING COMMISSION RESOLUTION NO. ~~ A RESOLUTION GRANTING APPROVAL OF A TENTATIVE PLAN FOR A LAND PARTITION {Applicant: Mark Haynes} (37 2W 11A Tax Lat 300) Recitals ].. Applicant has submitted an application for tentative plan approval of a land partition on a 1..25 acre parcel located on Freeman Road in the vicinity of Cedar Street. 2. On February 15, 1994, the Central Pnint Planning Commission conducted a public hearing an the applicatian, at which time it reviewed the City staff reports and heard comments an the application. Nnw, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF'` CENTRAL POINT, OREGON, AS FOLLOWS; Section 1. Approval,~Criteria. The requirements far approval of land partitions and tentative plans are set forth in CPMC Chapters 15 and 17, relating to informational requirements and lat areas, width and access. Section 2. Findin s and Conclusions. The Planning Commission finds and determines as follows: A. Tentative Plan Re uirements. The application and tentative plan are in the correct form and contain all of the information required by CPMC Chapter 1.6.1.0. B. Area and Width of Lots. This partitioning in an R-3 zone would create the following parcels: Parcel 1 - approximately 18,181. square feet Parcel 2 - approximately 1.6,1.39 square feet Parcel 3 - approximately 19,820 square feet All three lots meet the general requirements far lots contained in CPMC 16.24.050 and the minimum area and width requirements far lots in the R-3 zone set Earth in CPMC 17.28.050. All three lets also meet the area and width requirements for flag lets contained in CPMC 16.36.040. 1 -- PLANNING COMMISSION RESOLUTION N0. a 7r~ (021794} C. Access to Fl,aq Lot, CPMC 16.36.04a requires an access of at least 24 feet in width, paved with cement ar asphaltic surface, for all flag lots created by partition. The tentative plan submitted herein provides for a 21-foot wide gravel access serving the parcels. Such access must be paved, as required by the Public Works Standards. Section 3. Con~,i~.ional AAproval. The application for tentative plan far land partition herein is hereby approved, subject to the following conditions imposed under authority of CPMC 16.36: Conditions 1. Pursuant to CPMC 12.02,OlOC, the Planning Commission finds that Freeman Rnad is a county road adjacent to these newly- created parcels, and the Planning Commission is therefore authorized to waive the requirement that applicant improve Freeman Road at the present time. Instead, applicant shall execute an irrevocable consent to the inclusion in a Local Improvement District for the widening of Freeman Road on the east side to 30 feet from center line to the east, including subgrade, base rock, asphaltic concrete paving, street lighting, traffic control improvements, curbs and gutters, safety improvements, sidewalks, and bikeway improvements, 2. The Building Department and Public Safety Department shall determine if suitable fire apparatus accessibility exists and if the parcels created by this partition will require a fire hydrant on site. If modifications and/or a fire hydrant are required, the same shall be installed at the expense of the applicant. 3. Portions of the property are in the 100-year flood plain. The location of the 100-year flood plain shall be shown on the final plat. Any structure to be located in the 100-year Eland plain shall require a development permit, as set forth in CPMC 8,24.120. 4, All structures shall have roof drains, area drains, and crawl spaces with positive drainage away Pram the structure and drain lines connected to a curb drain or an approved storm sewer. Developer shall provide the necessary storm drainage improvements and lot grading to assure that all streets, lots and properties drain properly. Developer shall submit a grading plan with the construction drawings and construct all necessary grading and drainage improvements. 2 - PLANNING COMMISSION RESOLUTIDN NO. _ 7/n {021794) 5. The driveway access to the parcels shall be paved with asphaltic concrete, instead of the gravel shown an the tentative plan. Passed by the Planning Commission and signed by me in a thentication of its passage this 1~ ~ day of ~h.~~.r4,s. 1994. Planning Commission Chairman ATTEST: City Rep esentative Approved by me this .l2_ day at ~ 1994. ~=~ ~ k~J Planning Commission Chairman 3 -- PLANNING COMMISSION RESOLUTION NO. '7ln (021794) AGREEMENT FOR CON&ENT TO INCLUSION Iii .LOCAL IMPROVEMENT DISTRICT This agreement made by and between Mark V. Haynes, hereafter referred to as "Developer", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". Recitals J,. Developer has received tentative plan approval far a land partition an Freeman Road. 2. Central 3?oint Municipal Cade Section ].2.02.010 requires persons constructing buildings or otherwise developing property in the city to either improve streets adjacent to the property ar execute an irrevocable consent to include the property within any Local Improvement District farmed to construct such improvements. NOWT therefore, it is agreed as follows: Agreement 1. Irrevocable Consent. Developer hereby gives irrevocable consent to include the following-described real property in any Local Improvement District farmed for the purpose of constructing street, curb, gutter and sidewalk improvements to Freeman Road in the vicinity of Developer's property: Cotr:mencing at a point do the w~s#: llne Qf Donat.ipr~ Land Claim No. 55, TCwnSh.ip 37 South, Rang[: 2 west of the Willamette Meridian in .7arJtsr;n County, OregC?n, said point being Soutri O'1S` West, I.738.44 feet fronE the naxthwest corner of said Claim, and being the ncarthwest corner o£ tract described in Volume 197, page 548, of the Deed Records of Jackson County, Oregon, thence South 89'42' East, along the north l.kne of sa~.d tract, ar~~ the north Line of tract descr-xbed in Vcal.ume 404 page 2Z7, sai.C3 Geed Records, 450.00 feet, try the northeast Corner o£ said latter described tract, thence South 0°l8' west, along the east line of said tract, 39S_$4 £eet, to the. tree point of beg.inning~ thence cantinua.ng So~sth 0'16' West, along said east l.i.ne 351.00 .fe:et, to a 3/4" iron pipe at the southeast corner thereof ; thence West 323.00 feet; thence Ntarth l4 Z . 00 £e~:t; thence West, 127.00 £eet: trteYYCe North, 20.40 fe~''r, to the southwest cprrier of tract described irz VQ.IumE; 43,5 page 474, said heed Rewords; thence East, along the south 3.l.ne of said tract, 209_69 feet, to the southwest corner of tx'act described in VQlume 5$9 page 53Z, said Deed Recox'ds; thtance Soelth $9'42' East, alOr~g the south line ref sand tract 241.29 feet, to the true point v£ beginning. . 1 - AGREEMENT (02].694) `i`~,~~ ~~~~~a~ s~.a1~. .~~ z~~r~~-~~*c~, ~~ ~ev~~~~€~s„4:~ ~~€~~:n~~, anc~ ~~~~~. xuxx ~a~~~x the ~~~~~:-~~~c~~~~~ ~c~~~r~~'.. ~o ~~ ~5:~~~~~~~ ~~~e~~ ~~ ~ ~~~~.~~:~~ ea~a~~~~ e~ ~~c~ ~~c~~~~~~ . ~~~i,~°T`~3~ I ~ ~'~3~~. ~ ~~`~ ~ Fri ~ ~!~ ~ ~ o ~ .~,w,'',,, t,;~;~:;`~,~,..a ~. ~ ~: .:~-~~~ F a* ~ r .,.......... ~~~~a~' ~~~~~ ~~~~x~~e~ J L C -~i y ":: } ~< ~~~z~~~ ~~ J~~~~c~~ } .~ }~~~~~~ ~-n~ ~~`~~ ~~SC~tr~~~a~~~ R~~~~ ~~~~~a~e~ f ~~s~ ~~:a~~sr tai ~~~ Via. #:~ a~ Ce~t~~l ~c~~t, ~?~~c~n, ~~s~ ~~~nca~i~c~c~~:~ t.~~ ~~~~~~~~~ ~,~'~~'~,13~'tE~'i~: '~~ ~~e t~.~ ~o~.ua-~tar~ pct ~~~ ~~~~ ~~ ~~,~ C3.~~ ~~ ~~~.~.~~~ ~~~.~~:. ~~~~~~~\\\\~\~\\\\\\\\\\\\\\\\\ \\\\~\\\\\\4 \\\\\\`\\~\\\~\\\\\\\\\\`~~\„ ~ ' ~~ s.Z~ ~~~~tx;?~r.;:':av\~~`~t~.>~;j~ ~ ~~? ~C~3~'t~'tE:~~s3~.~3~'f ~'4:i~~~,LrC?5. ~'' .,.3C"„_~~,. L3 ~' , ~~~n~~r a~ ~~.~~c~n r~ ~a~~~~~ ~ ~:~: ~hats~°nam~~ :~~~ ~. ~~.~~~~ r ~xad a~krz~~Ie~~c~ ~~z~ ~~Ler~~~~c~ i~~~~u~~~~ ~a b~ hip valu~t~.~s~~r ~~~ ~x~~ c~~~~. ~ ?\~J \^` l i f~ t {.` rj tt ~f7`' 1~~ °l/~{Y11i~J 1i`I+i'~~ T? r: -; ~°- ~hY • 1 ~r-~vl~ 2T ~`~3 _ 'r.r :r~uJi~fL.t~ i>.,7\r:1 i . . .r / ©.oo 94~-0~5~~ ~~°~~ AGREEMENT FOR CONSENT TO INCLUSION IN ..,LOCAL IMPROVEMENT DISTRICT This agreement made by and between Mark V. Haynes, hereafter referred to as "Developer", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City" Recitals 1. Developer has received tentative plan approval for a land partition on Freeman Road. 2. Central Point Municipal Code Section I2.02.OI0 requires persons constructing buildings ar otherwise developing property in the city to either improve streets adjacent to the property or execute an irrevocable consent to include the property within any Local Improvement District formed to construct such improvements. Now, therefore, it is agreed as follows: Agreement 1. Irrevocable Consent. Developer hereby gives irrevocable consent to include the following-described real property in any Local Improvement District formed for the purpose of constructing street, curb, gutter and sidewalk improvements to Freeman Road in the vicinity of Developer's property: Commencing at a point ors the west' line o.f Donation Land Claim No. S5, TgwzZSh,ip 37 South, Range 2 test of the W1llametto Morid~.<~rs iti 3ackson County, Ox-egon, said point Ueing South 0'18` west, x738.44 feet :From the northwest corner pE said Claim, and being the northwest. corner o~ tract described in Volume 197, page $48, of the Deed Records of Jackson CQUnty, Oregon, thence South $9.42' East, clang the north line of said tract, ariC7 the north line cif tract described in Volcime 40~i page 217, Said Geed Records, 450.00 feet, tca the naz'theast coiner o~ said latter described tract, thence South O°18' West, ai.ong the east line of said tract, 39S_84 £eet, to the true point of beg.inning~ thence continuing South Q'18' West., along said east 3.zne 1.61.00 feet, to a 3/4" iron pipe at the southeast Corner therea€; thence Wit 323.00 feet; thence Nortl-~ .14I.00 £eet: thcncc West, 127.00 f~:et~ thexYCe North, 207.00 feet, to the southwest corner of tx'act described in Volume 43.5 page 474 ~ sa~.d be~;d Records; thence East , along the south ].i.ne of said tract, 209.69 feet, to the southwest corrser of tract described i.n Volume 5$4 page S3i, said Geed ~tecoz~ds; thence South $9'42 East, along the south line caf sand tract 24 I.. 29 feet, to the true point of beginn~.ng_ . l - AGREEMENT (021694) ~4-Uy;;~~ This consent shall ~be recorded, at Developer's expense, and shall run with the above-described property, to be binding upon all future owners of such prop+=rty. EXECUTED IN DUPLICATE this City of Central Point B y ~ -~..~--~ Mayo oger Westensee y day of ~~h.c~ 1.994. Developer :~ ~~j ~ f Mark V. /Hayra'es STATE OF OREGON } ) ss. County of Jackson } On the ~ day of I'Y_.~CtJ~rl~ 1994, personally appeared before me the above-named Roger Westensee, the Mayor of the City of Central Point, Oregon, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. ~~-~ pffIC1AL 5£AL SANDY J. LC11,h4~L ~• ~ NpTAR1' PU6l1C - O€~.~uC:?~ ~' r. LOrJ~1=tiSSlCsN NO. AUOy3y5 Notary Ptt is f r Oregon t~hYCOMM1551C?NEXPIRES~lOY8,1995 My Commis On Expires' ( -- STATE OF OREGON } ss. County of Jackson ) On the c~. day of 1.994, personally appeared before me the above--named Mart V. Haynes, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL 5FAL ' ~~ SA~tDY J. LOMM~L NOTA2Y P:iSLIC -- OR:GO~~} NOtar Pu iC r Ore on - °b, LO:~htI5S1UH h30. A0093Y5 y g _.. ~ 1~hYCpMhl15510NEXPIRi:5NOV8,~iv~ My COmmiS iOn xpires' l~ - ~~ ~~C,~6:TE C9LEE~f]/, ~P~OfI Re~ord~ci ~~EC~~~ [tECUR~3S 2 - AGREEMENT {021694) //-a ~ MAC 4 isg4.~ h~. KATHLEEN S. BECKET7' ERfC nd RECORDER.