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HomeMy WebLinkAboutResolution 6 - Freeman Road CUPPLANNING COMMISSION RESOLIlTIO~J ~~a .::.; RESOLt1TI0N FOR rr~~ur~r.TlOn~~~. uSE PERMIT WHEREAS, an application has been filed for a concurrent praceedzngs for annexation, Zoning Designat.i.an and a cnnditianal. use permit far a parcel of ? acre, located approximately 2238 feet East of Freeman Road, and adjacent to Interstate 5, arid, WHEREAS, the: parcel is more accurately known as tax lot 100, (dap 37 ?_W 11A, in Oackson County, Oregr~n, and, ~:1HEREAS, notices of a public hearing scheduled befare the Planning Commission of the ~;ity of Central. Paint gar February 19, 1980, were sent to all adjoining property owners within 300 feet, and published in the Dail Tz~zbune an February 10th and 17th, 1980, and, WHEREAS, a public Heara.ng was held to hear testimony from the propranents and opponents of the application for_ a cond.ttinnal. use permit to allow the prap~:rty to be used as an extensa~an far the ~1eadows mobile hame park, and, WHEREi1S~ no one offered testimony in opposition to the application, NOIJ; THEREFCiRE 8E IT RESOL11EQe That the Panning Commiss~.t~n of the Cl.ty of Central Point, after due deliberation, approves the application far a eondita~onal use permit For expansion for a mobile hame park for the subject parcel, with the fallowing cnnditianso 1s That the property be annexed to the City of Central Point, 2e That the property be zoned R~-3 in accordance with the Zoning Ordinance of the CS.ty of Central. Paint, ~3E IT FI~RTHER RESO~.IIEQ, :hat the attached findings of fact as submitted by the applica~~t be adopted by the Planning Commission in support of the abcave ~cecammendation, Passed by the Planning C mmissian and signed by me in authentication of zts passage th.~s day of ,.~~- :~.~~:_-'~:.~~ , 19a0a Planni€~g Commissio Chairmar~~°` A C. .J I 1 .-~-^- I i~~ f '" J~~~A~~~~~~ January 31, 1.980 [3 y~ ,'~ /~ L . ~' . ~18f1~~3I~~ ~+Q~g ~ &X~i ~ ~Y~` Mayor, City Council and Planna.ng Commission City of Central Point {~~ ~ ~~ City Hall ~~E~ ,!~ Central Point , OR 97503. { ~ l ~ ..~~ RE: Supplementary Annexation, Zoning pesignatian and Conditional Use Permit Application, . 1TThe Meadows" (intermountain Home Systems, Ltd,} Applicant; RCS Management, Inc,, Agent Honorable Mayor, Council and Commissioners: The firm of RCS Management Inc. has been retained to process applications for annexation, zoning designation and a Con-- ditional Use Permit for a parcel of appz^ax~.ma.tely one acre immediately adjoining "The hieado~rs" mobile home st:,bdivision. These applications are submitted for concurrent he:~r~.ngs, under the provisions of Ordinance ].368 of the City of Central Point. The property in question is a triangular parcel that l:i.es between the existing Ynterstate freeway and the~develapme4~t -known as "The Meadows, and is more specifica7_ly known as Ta~c Lat 1.00, {37 2 West 11A). The parcel is scheduled far development as recreational use (tennis courts) and far recreational vehicle storage for the residents of "The Meadows"a Although included ire the development plans, the property has never been annexed to the City, nor has it reeieved benifit of any City services. The following exhibits acre included for your a.nforma.~€.a.on: Exhibit No. 3.: Document '79-19469, as recorded by SEir .P~A~t~+NC; ; , the Jackson CountyrClerl~ and Recorder; Gt:lY1m~~S+cr,! erf~•~6f~' a Lease Agz'eement providing for the ~~ applicant ~o process a.ll appropr3.a.f:e Land use requests including annera-t.ian, zoning or Conditional Use appla.cat~-ons; Exhibit No. 2: Legal description Exhibit No. 3: Applications for Annexation, Zoning Designation and Con d3.~:iot~a-I Us.e Pe~,m~-~!: Exhibit No. 4: Findings of Fact and LCUC Goals Exhibit No. 5: Annexation Map f ~. \ M ~I Central Paint: 2 Exhibit No.~6: Annexation Petition Form In addition, the appropriate fees of ~295.Q0 for Anraexata.an, $10Q..04 for Zoning Designation and X65.00 far the Condita.ona7. Use Permit are subm~.tted. If we can provide far additional ir~format~.an, please do not hesitate to ca~.l on t~s. S~.rxcerely, J.M. LaNier RCS MANAGEMENT, INC. ' Attach: ~~ C ~ C .~. BEFORE THE PLANNING COMMISSION AND TkiE CITY COUNCIL DP THE CITY OF CENTRAL POINT, OREGON: CONCURRENT APPLICATIONS FOR ANNEXATION,) ZONING DESIGNATION TO R-3 AND A COND-- ) ITIONAL USE PERMIT FOR A PARCEL OF APP--_) ROXIMATELY 1 ACRE, LOCATED ADJACENT TO ) INTERSTATE 5 APPROXIMATELY 2238 FEET } EAST OF FREEMAN ROAD AND APPROXIMATELY} 784 FEET NORTH OF HOPKINS ROAll: MORE } COMMONLY KNOWN AS TAX LOT 100, 37 2W ~} 11A, IN JACKSON COUNTY, OREGON. ) GENERAL: Intermountain Hotr3e Systems, Ltd, Applicant RCS 11ANAGEb4ENT, ING ~ , Agent The purpose of the annexation, zoning des~.,~nation and cnn-- ditional use permit requests for the sub,~ect property is primarily to provide design continuity for the project known as "The Meadows," a development of apprax~.mately 2b6 units of pre-manufactured housing in Central Paint. Preliminary design plans indicate that the subject property, a triangular parcel lying between "The Meadows" and In-Gerstate 5 is to be developed as an extension of the development, primari~.y as recreational facilities (tennis courts} and for storage of recreational vehicles such as-motor homes, boats, campers etc. , for residents of "TI",e Men.dows." The. property is also being considered necessary for providing f:'ar additional drainage of the project. These findings are submitted to provide the Ca.ty of Central Point with information in order .to act on concurrent app- lications for annexation, designation of the site to I~-3 and a conditional use permit for the site. Further testimony will be presented during the public hearing process. FINDINGS DF FACT: Com Hance With State anti Local. Annexation Requirements The City of Central Point can find that the app~.a.catiora for annexation does comply with the pz~avisiar~s of ORS 222.111, which stipulates that the. pa.rce~_ under. considera,t~.on for annexation must be contiguous with th.e City Limits. {Reference: Exhibit Na. 5}, The City of Central Paint can find that also complies with the provisions of OR the "triple majority" requirements are that more than one--half the owners who half the land area in the territory and than one half the assessed valuation of proposed for annexation have consented annexation {Reference: Exhibits No. 1 a the application S 2? 2 , 7.70 in that met; specifically, orun gore than one representing more the territory in tar. ~.t~.ng to the nd 3~xh.ibit No> 6) . L Intermountain: 2 Compliance with the Central Point Gornprehensive~ Plan: The City of Central Point can find that the proposed annex-~ atian, zoning designation of R-3 and a Conditional Use Permit far the site conforms with the Comprehensive Plan, moth the Land Use titap and the Text of the Plan. Specifica~.ly, ~.. The site is included within the Urban Growth Boundary far the City of Central Point; 2. The property as designated an the Comprehensive Land Use ;~iap as HD (High Density Residentia3.) ; 3. R-3 is an appropriate use within the HD area; 4. A conditional use far m.obi~.e home parks is allowed in an R-3 Zoning District upon issuance of. a Con- ditional Use Permit by the City. :The applications further conforrri with the following specific areas of the Comprehensive Plan text: Goals and Objectives {Chapter !_} rr (~~Till the Comprehensive Plan reflect the following?) - an orderly and reasonable expansion of the Central Poa.nt Urbanizing Area? -- does the plan encourage the enhancement of private praperty values by indicating a compatible arrangement of J.and uses? -- does the plan provide ~a fiexa.ba.l.ity of r~esidentia~. IiV3.ng areas and housing types to meet the needs af. a growing pop- ulation? -- does the plan provide to the co_-nmunity the convenience of adequate shopping areas, improved transportation pattern and an increase in localized employment opporttkna_-t.ies? -- does the plan indicate the most logical and. ecanam~.cal ex- pansion of community facilities a_n.d services? - does the plan provide far an adwquate system of park and recreational areas in the camrnunity?" In examination of the application, it can be easily found that the expansion of the City L~.nits by approximate7_y ~_ acre, particularly due to the configuration and location of the. site, is reasonable, and orderly. Since the land will be used for private i~--dustrsT, is in conformance with the land use designation of the plan, and wi].J. be i:~carpor- ated as recreational use praperty into an approved mabil_e• home subdivision with access to a major transportation \. Intermountain: 3 arterial, and is not going to have an effect or. community facilities and services, the City of Central Paint can find that the applications do comply with the Goals and Objectives as outlined in the Central Point Comprehensive Plan. Land Use Element (Chapter 5) The applications before the City can be found to comply Svith the following "General Policies for Development` found in the Land Use Element of the Comprehensive Plan: '~ The residential development of .the area should fallow an orderly pattern, leapfrogging or~sporadic development is discouraged. All residential uses will be required to make provisions far off-street parking consistent with the needs of the development. New developments should be designed so that individual. units are not required to have immediate vehicular access to major arterial roadways." - Further, the Policies far Development as outlined in the Residential section of the Land Use Element note, " A wide variety of housing types should be encnuz~aged.. Density and use regulations should offer a proper range with in the city to meet this demand. 'The grouping of limited income housing sho~.~.I.d be avoided, thereby not directly causing future social prob-lems~ New methods of haEne construction such as modular design should be considered within the city, with objectives a~_r~ed at pravi d3.ng less expensive housing casts for the buyer.' Based upon an examination of the uses for the proposed site, and its contiguity with the project called s`The ~Seadaws", it can be found that the applications are i~, conformance wit~7 the above policies and goals as expressed in the Comprehensive Plan. Housing^Elernent (Chapter 8} According to the statistics compiled in the a-97~ edi.tion of the Comprehensive Plan, approximately 2.7 percent of the housing in the City of Central Point was p~^ovided by mobile homes, with over 80 percent provided by conventional single family dwellings. Further, taro major areas of concern were outlined in the plan: Intermountain: 4 C 1} A significant number of fa:~ilies are spending in excess of 25 percent of theiz^ income for hoo.5~.ng. 2} A definite lack of a variety of housing choa.ces by type or income level is evident. Since the property known as "The ~leado~;s" is an attempt to provide a diversified alternative to conventional single- family housing, and since the subject parcel is to he 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 cand3.tion-~ al use permit is in accordance with the policies expressed in the Housing Element, and v+;ill help address the major areas of concern as expressed in the plan. - The City of Central. Point can find that the applications also conforri-~ with the basic policies as outlined by Chapter 9 (Administration and Implementation) in that the changes to the Zoning Ordinance are consistent with the policies and objectives of the comprehensive plan, and with other city policies, specifically Ordiance 1.568, in'permitting concurrent applications. Based upon the above, the Cit~• of Central Point can find that the applications for annexation, zoning and the conditiona7- use permit do conform with the City of Central. Point Comp- rehensive Plan. Compliance zvith City of Central Point Planning Goals: The City of Central Point Planninj' Goals, as developed and defined .in the Comprehensive Plan (Chapter ~) outline .t he specific policies and goals for the city. Based upon the information as presented above regarding the City Compre-- - hensive Plan, the City of Central Point can ~'i~-id that the applications do conform to the City of Central Point planning goals. . Compliance with Statewide P?anning.Goals: In addition to the City of Central Point Pl-ann~-ng Goals and Comprehensive Plan, the application for annexation must address itself to the Statewide Planning Goa7.s as set by the Oregon Land Conservation and Developsr3ent Commissa.on (LCDC}, This compliance is outlined as fold-O~YS: C ~ Intermountain: 5 Compliance with the Statewide Planning Goals: Goal No. Z: 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 Gaal No. 1 in that the City has adopted and publicized a citizen involvement program by which the general public is involved in the ongoi:t~g land use plann~_ng decisions within the city. Such program is included as a provision of the Central Point Comprehensive Plan. Goal No. 2: Land Use Plannin : The City of Central Point can find that the. criteria of Goa3. No. 2 are being met as the City currently has adopted a Comprehensive Plan, vrhich will provide the planning and policy framework foz~ 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 Paint can find that the applications are in confarrr:ance with these policies, and the provisions-of Goal IvTa. 2~ Goal No. 3: ,Agricultural Lands: Goal. No. 3, `~To preserve and maintain agrieultura.lY~~~~~lands" is not applicable, since the subject property lies within the urban growth boundary of the City of Central Point, and s~ich inclusion ~.ndicates the property is urbanizable and suitable for urban develop-- ment. Soil classification on the property is IV; however, the parcel size (just under 1 acre) is such that commercial agricultural use would be da.fficult if not impossible. Based upon the above, the C~.ty can find that the a.pplicatians do conform with the provisions of Goal No. 3. Goal Na. 4: Forest Lands: Goal No. 4 is non--applicab~.e since there is no marketable timber on the site, nor is the property designated as forest. Further, since incJ_tzs3_on of the property into the urban growth boundary has been established, the City of Central Point can find that the land is urbanizable, and that the applications do conform with the criteria of Goal No. 4. ' 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 growth boundary o#' the City, and since the property as adjacent to a major interstate freeevay, the annexation, zoning and use of the property as proposed will not violate any of the specific provisions of Gaal No. 5, as fallocvs: .A} The land is not needed or desired for open space;. C Intermountain: 6 C B) There are no mineral or aggregate resources on the site; C) There are no energy sources on the si.to; D) The site is not ecologically or scientifically significant, nor is the site a signify-cant fish. or wildlife area; E) There is no outstanding scenic orientation for the site; F) The site ~.s not adjacent ta, or near any signi~'zcant: wetlands or watershed area; G) There are no historical structures or sites on the property; - H} The site has no signif~.cant cultura~_ relationships or designation; I) The site is not near nor included a.n any recreatiana~, tram., wild or scenic watercvay as designated ea.ther by the State of Oregon or the Federa7_ gov~rnment~ $ased upon the above criteria, the Gity of Central point can find that the proposed project does not vio:t.ate any of the provisions of Goal No. 5. Goal No. 6: Air, Water and Land Resources Cluality: Since the site is not generally acceptaE~le for agricultural. uses {size, location within the ~irban Growth Boundary, Class IV unirrigated soils, adjacent to freeway) it is the opinion of the applicant that the property can be genera~_ly accepted as developable urban land. The proposed use of: the property will not enta~.I any further extet-tsion of publ~.c services such as water, sewer or refuse rerr,ova]_; likewisey~ the proposed use (recreation and parking) 7.s essentia~.ly "clean" from an environmental standpoint, i_n that air and water pollution froth the site will not be gene~~ated, Adequate: drainage tvilJ. be provided by the developer so additorzal dawn-- stream drainage impacts wall be avoided. Use of the property . as proposed is in conformance with accepted devcloptnen~: pi.at~s and will provide a space buffer for those homes closest to the freeway, in tertt-~s of noise. Based upon an examination of the site, and the above, the City of Central Paint can find that the project is in conformance with the criteria of Coal No. 6. Intermountain: 7 Gail Na. 7: Areas Sub'ect to Natural Disasters & Hazards: Since the subject property lies outside any ~~ecognized fl_oadplain as defined by HUD, and l,s not located in a major seismic or volcanic hazard area,.the City of Central. Paint can find that the annexation and develropment of the site will not violate the provi.sa:ans of Gaal No~ 7_ Goal No. S: Recreational Needs of Citizens and Visitors: The intent of the provisions of Goal No. 8 seem to imp7.y that all comprehensive plans adapted by local government agencies must address the question of prav~.da.ng .far a substantial amount of recreational apportunities_ Since the proposed use of the site includes recreatianal faci3.ita_es for the residents of the project, az~d since the question of area wide recreational. facilities is addressed by the County and the City of Central Point in that they have provided for recreational, opportunities on a city and county level (The Jackson County Exposition grounds as a case 3.17 point), The City of Central Point can.fi.nd that the a~~nexation, zoning and use of the property is in conformance with the provisians. of Gaal No. .8. Goal No. 9: Econom of the State: The p:^ovl.sions of Gail No. 9 are, specif:~cally, " To diversify and improve the economy of the state." The proposed annexation, zoning designation and use of the property will have an insignificant effect on the economy of the state. However, the property is an extensl.an of a project that will generate an approximate ?2 million dollars i.r~ the local economy over the three year pe3~iad for develop-- rnent of the site; in additian~ the develop~-sent has been and will be providing jobs for the local. economy. Based upon this information, it can be found that the projected ar~nex~ ation, zoning and use of the property wi.l_]_ foot va.olate any of the provisions of Goal No. 9, but will have a. small positive impact as part of a larger deveJ.onment . Goal No. 10: Housin : There is now, and has beers for some time, a demonstrated need for housing in Jackson County 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 Gamprehensi.ve Plana The Jackson County Housing Market Analysis a~ pa~epared by tl~e Qregan State Division of Housing (July 197f3) and the Greater Medford Area Chamber of Commerce T~.s1c T'arce an Housing. In additan, in July of 2979, a coz`~sortium knacvn as Citizens for Housing commissioned a review of the Jackson County Housing Element, which provided additional. ~ ~; Intermountain: 8 statistical data on hauling and housing need in Jackson County and the local communities. Since the proposed annexation, zone designation and conditional. use permit applications are far a parcel that is scheduled far i_nclusian into a 226 unit manufactured housing devel.oprnent, the City of Central Point can find that the provl.si.ans of Gaal No. 1Q have been met. Gaa1.Na. 11: Public Facilities and Services: The City of Central Paint, by including the subject property in the area within the-Urban Growth Boundary, has demonstrated that the logical use far the property is for urban development, and has assumed responsibility to plan for p~^ovision af_ 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 Paint can rind that the annexation and subsequent development of t}-~e site wil_1 not affect the public facilities of the city] and that such development is in conformance with the criteria of Goal No. 11. Goal No. 1.2: Transportation: Goal No. 1.?_ is designed to "provide and~enca~rage a safe and canveniet~t cconamica]. transportation system." As in the case of al.l the Statewide goals, Goal No. I2 is specifically arien~~cd 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 thy: provisions of Goal No. 3.2. Since tl~e parent development is adjacent to Interstate 5 and S~'reeman }load, 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. ~2. Further, Section B-3 of Goal No. I2 specifi.cal.ly addresses property adjacent to major transportation f'aci.l.iti.es, and refers such development to the local jE~ri_sdi.cti.on: 'T3, Lands adjacent to major mass tra;-~s3.t stations, freeway interchanges, and other major air, ].and and water terminals, should be managed and controJ_Ied so as to be consistent with and supportive of, the land use and development patte~^ns ident~.fied in the Comprehensive Plan of the ~ju~~i.sdicta.an wS_tha_n which the facilities are located." ~lgain,~ since the subs ect actions are in coni:'o~~mance with the Central Point Comprehensive Plan, they da not violate the provisions of Goal No. 12. Intermountain. 9 L Goal. No. 13: Ener~~r Conserti•at,ian; The p~~ovl.sions of Goal. Na. 13 are, simply, "To Conserve Energy." The mere act of annexation and designation of a zoning district wall not have any impact on energy conservation or use. Howevez^, use of the site for recreation and parking for recreational vehicles will have a slight impact an energy ccanservation, in that residents of the development wii7_ not have to drive to other sites for either recreational. uses ar for storage of their vehicles. Incorporation of the site into the approved devel.apment { The tleadaws ) will resul-~ ~.n a saving of energy, in compliance with Goal No. 13, Goal No. 3.4: Urbanization: T,he provis3.ons of Goal No. 24 are specifically directed again at local_ j~,~.risda.ctions in developing procedures for (1} T'An order7_y and efficient transition from rural to urban .land usE,'T and ( 2 ) "tJrb-an Growth Boundaries shall be established to identify and separate urbanazabl.e land from rural. l.and~" Because the subject parcel is included witha.n the Urban Growth Boundary as shown on the Camprehensi.ve Land Use tap of the City of Central Point, and is show~-r as an urban u.se an that map (High Density Residential) the C~.ty of Central. Point can find that the annexation, zoning designation and conditional. use of the property as a recreational and parki,nr~ area is in conformance with the urbanization policies of the City, and conforms with the prav.isions of Goal Nn. 3.~. Public Need and Need Best }tet; The requirements of the.City of Central Faint in terms oi' burden of proof far ail. land use decisions (primarily zone changes and Conditional Use permits) general.l.y address the concept of public need and Need Best Met, as determined by the Fasano decision. However, in December, of 1979 the Suprerr-e Court of the State of ©regan, in I~iaurine Neuberger and others v. City of Portland and others, issued a d~cisinn - - - --- which is an important departure from a portion of the Court's 1973 decision of Fasano, and has a bearing o~~ Land use decisions at the l!_oca1. level. The court said, "~ r *The LCDC goals and guidelines were formulated after tkie Fasano decision and the Commission undoubtedly had that case a_n m3_nd during the drafting process. tiVe find it, s~.gn~_f~_can~: Uhat the Commission, under thane ci~~cumstan.ces, made no mention whatsoever in Gaa7_ ~vo. 2 of a requirement that the site of a pa^ap osed zone change be compared with other ~'~.va~.l.abl_e property. t' ~' ` 1 Intermountain: ID "The Commission did express its concern that •certain amendments aught to be supported by a factual showing of "public need", but erase to express that concern as a guideline or suggestion rather than to incorporate ~.t in a mandatory rule or goal. We find, then, no statutory ar LCDC requirement that a. showing of either public need or a comp-- arision with other available property is a spec-- ific~and independent prerequisite to a mooning amendment. In sight of the continuous legislative and agency attention to the planning and zone process since the Fasano decision, we conclude that the legislature and LCDC have not found it necessary to impose such requirements." 7. In our opinion, the decision basically states that ~-ocal. jurisdictions, in adopting a Comprehensive Plan, have in fact assessed the public need for certain types of 1-and use, and if the proposed change is in conformance with the Campreher.:;ive Plan the land use must meet that- nead. Tn support of this application, however, the City of Ce~~tra:L Point can find that a demonstrated public need does exist for additonal lower cost housing in the area. The ~~eparts on housing requirements far Jackson County referred to in the discussion of Goal. 3.0 have provided the fallawi3~g factual, statistical. basis for housing need in the area; this need. is also supported in the Central. Paint Gomprehensive Plan, as outlined in the Housing Element: "The present annual, housing demand is far 9~8 single family units and 870 rental, units, fazes a. total of 1.,798 housing units in .Fackson County." ---Housing for People, July, i979> State Court Administrator, Supreme Cozr.rt l~u~.3.ding, Salem, Oregon, 97310: CASES DECTDEI.3, Dec. 4, x.979. r + C ~ Intermountain: II "Housing vacancy rates in Jackson County also provide an indicator of a strong housing need. The county has been characterized by a ~.Ow vacancy rate; total vacant units declined by about 259 between 7.970 and 5978. The sales vacancy rate only increased from 1.78% in 1970 to 7..80 in 1978, while the rental rate dropped from 7.34 in 1970 to an estimated 2.5% in July of I978." --- Housing for People, July, 1.979. --~- State Division; of Housing Market analysis Report ~"or Jackson County, Oregon, 7.978 The Fair Share allocation, based upon the number of households 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 housing units to meet anticipated population growth, or approximately 314 units per year. Since the development of the "hfeacioiYS" will provide ~2fi6 units over the next three year period of development, it can be found that the project is meeting a public need; by extrapolation, the additon of the.propased tennis courts anal recreational vehicle parking scheduled for the subject property as part of the total. project can be found to be addressing the public need aspects as vre].l. adverse Impact The City of Central Point can find that the annexation, zoning designation of R-3 and use of the property as recreational vehicle $tarage and tennis courts, under the provisions of the Conditional Use parmi~: procedure, will have no adverse impact upon the neighborhood. The adjacent property is being developed for high,--dens~.ty housing, and the site is of a size and conformance as to accorr~odate the uses as outlined in these findings. The relationship of the subject parcel to the development known as "The Meadoti+rst1 is such that it is a logical ex-- tensian of Willeuts Drive; the parcel. iS 7_ocated to provide storage and recreation fnr the benifit of the residents of the development with a r~inima7_ irr~pact 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 the City will be erected as part of the requirer~tents under the Conditional Use permit procedure. s r' .,~ lntermountain: J.2 CONCLUSIONARY FI~NDI~NGS l Based upon the evidence submitted, and the testimony of the applicant, the City of Central. Point can fond: 1. That the application for annexation of the subject parcel to the City of Central Point camp7_ies with all appropriate state and local requirements fc~r annexation. 2. That the findings support a zoning designation of R-3 for the site, in conformance with tl~e City of .Central Point Comprehensive Plan, and appropriate LCDC requirements, 3. That the application for a conditional use permit for the subject parcel to be included ~.nto the development known as "The Meadows" as recreational and storage for recreational vehicles conforms with the criteria established by the City of. Central. Point. Based upon the above, the applicant respectfu7.ly requests that the City of Central Point schedule the appropriate public hearings for the annexation, designation of R-3 zoning for the property, and conditional use of. the property. Respectfully Submitted, ~~~~ J.M. LaNier RCS MANAGEI~IENT, INC . 3.2L'~.. ^' EXI-t:LBTT I '7919469 ~~ ~ o,z - --~~ 1,1~ASE AGFtE:EA1E~: i Pl,a m~g,.Cowmfs fs~oa--.E~sib3L ~3 TFiE PARTIES to this lease entered into this 1st clay of k:ay, 1979, are TREVOR B. HARE, hereina`ter designated "lessor°, and SNTERMO€JNTAIN fiOME SYSTETiS, LTO., an Oregon corporation, herein- after .designated "lessee" 1. i3E5CRIPTION OF PROPERTX: A parcel of unimproved real prop- erty, triangular in shape, lyincJ adjacent to the west right of way line of Interstate 5 freeway in 'iownshil~ 37 South, Range 2 West of the Willamette Meridian in Jackson. County, Oregon, a specific de- scription of which is attached hereto r:arked Exhibit "31" and by this reference incorporated herei:s. 2. TERM: The term of this lease, and lessee's right to posses-- lion and obligations under this lease, shall commence on May 1, 1979, and continua through April 30, 2L'78, toz- a total term of 99 years. 3. RENT: As basic rent fo?• the total term of this lease les- see agrees to pay the total sum o' $11b,B00 payable in monthly in- stallments of $100 with the first payment due on the lst day of May, 1979, and subsequent payments on the 1st day of each and every month thereafter. T~essor acknowledges that an the date of execution of .' this lease the rent for the months of triay, June, .3uly and August of 1979 have been paid in full. As additional rent lesser shall pay all real pxoperty taxes levied and assessed against the subject pz'operty and the improvements thereon which lessee nay cause to be constructed and evidEnce thereof shall be mailed to lessor at the address her.eina~ter designated. 9. USE: The premises ma.~ be used by lessee for any purpose permitted by the applicable zoning regulations. T,essee acknowledges that his present intended use ti,il? include' the paxka:n~g-af- recreational vehicles for the residents of a mobile home park presently under can-- 1-LEASE AGREEh1Et1: ~N ~~ ~ Hare-Intermounr.ai:: ~~w /,~/'~ ~ i ~~j' / 4 ~ /// r'% 1 ~ _t ";s~:. ~' f' S-f r1:~`ly7tVJ `~.'' . . '~ struction by lessee on proper t_,- a:i.;act:;s_ to the subject premises. 5. INDEMNIFICATION: ]Gess~.~ shall inde,-anify and defend lesson from any claim, Soss oz liabi li t•.- dIr i :i i.:-: ~ out of or related to any activity of lessee on the leased nremis~..s or any condition of the leased premises in the possessio:-: ~, u...;,ar. the control of the les- see including any such claim, 1c~~~or 3_:~bilaty which may be caused ar contributed to in whole or :. ~ar~ lessee's own negligence. Lessee`s duty to indemnify sha_1 not arr•ly to or prevent any claim by lessee against lessor for inj•~r~; cr cza:nage to lessee or. lessee's property for which lessor may be 'fable. 6. ASSIGNMENT AND St78LEASE: Lessen may at any time assign his interest in this agree-tent ox sublet any portion of the subject premises, but such assignment or sublease shall not release ~.essee from its obligation to be perfor-ed according to the terms of this agreement. In the Event of an wssicrnnont or sublease, lessee shall give written notice thereof to ?.essor within 2p days of the assign-- ment. 7. DEPAULt : The folla:~°.in~ sn~:l_ constitute default: Failure o£ lessee to comply watts an_; terr-~ o. con? .ion or fulfilling any obli.ga- Lion of the lease, including w_.r _~a~~*re: ~_ of rent or other charge, within 20 days after written not_:.e b•,• lessor specifying the nature of the default with reasonable n_ticu~arity. If the default is of such a nature that at cannot :~~~ conietel_v remedied within the 2Q-day peria8, this provision s~•:.:ll be complied with if lessee begins correction of the defauz~ ~:itii.itl the 20-day period anc~ there-~ after proceeds with reasonable diligercn and an good faith to ef- fect the remedy as soon as practicable. Notice shall be deemed t(iv~s: b~• the delitrery or deposit .ir: United States mails as certafa-'c air .c:ldressed to lessee at 1:3~e 2--LEASE AGTtEE?;f:\i Fiore-Intermountain l J1 / i."~ ~ < r' 'I~~1J4~Y f ~ ~ , address here 5.nafter appearing. 8. ~i£NiEDY ON DEFAULT: In the event of a default, lessor may terminate this lease agreement in one z:~pr.~er provided by, and pur-- suarit to, the Laws of the State of Orego:,_ r 9. AT`POAhTEY FEES: If and' situ: or action is instituted in con- nection with any controversy azi.s•ir:g'oat o;. this lease, the prevail- ing party shall be entitled to reco~,e~- ~~: addition to costs such sum as the court may adjudge reasonable as attorney fees, inc~.uding any appeal therein. 3.0. NOTICES: -Any written notice rac;i:ired under this lease shall be deemed given when actuall;° del itered or when deposited in United States rail as certified nail addressed as follows: To Lessee: Y'. ~~. Lo._ 3157 Cerrra? ?'Oint, Oregon 97507". " To Lessor: 22S'~ 27ort,~rest Drive Crescent City, California 95531 or to such other address as may b4 give=: by either ?;arty in writing. Il. SUCCESS?"O?i: This lease. .hall :ru binding upon and inure to the benefit Of tite parti'e's, their reC~r~SL!1tdt1V@S, agents, 5UCCtr'S50Y'S and assigns. l2. RIGHT OF FIRST KEFUS::L T~~ PURC-_ASE: Provided that this Lease agreement is not then in de.~aul_, lessee shall have the right of first refusal to purchase the su}ajec~ premises in the event the lessor elects to sell same. F,essor sh~:~l give written notice by registered mail to lessee at tho address herei.ndbove stated of tzis intention to sell the subject prop~rt•:. Thezediter one of the xallow- ing procedures shall contrr~l: . a. The parties shall me:e~ as so~~-. as practicable fol].owa.ng re-- ceipt of lessor's notice and r.tzeo;:iez!:e- the amount and the terms xor payment of the puzchase price, ri~.~,:~~ver, it is presently agreed that in no event sha].1 the nuz"ch.~~,4~ o~~_•_•4 bW less than the sum a' $1.S,OC10, or 3-LEASE AGR~:£'.E":':~ Hare-Interraaunta.~; 1. ~' ~ .~ l ~f`~~ l -~ r ~ f~ --\ 7-•--~-.--~_.~ .. -_ __ _ __._ _ _ _....._ *. '~ ` y s r ~' '"1~ 2~4b~ `` . ,~.: _ .~~; •s .. ~~ b, lx lessor has received an off~_- co purci~ase from a Third party which lessor is willing to accep~., r_hen his notice to lessee, as above described, sha11 coma i r: the t-c rrts of said offer and lessee shall have 15 days after the receipt o= ;:he notice to either accept or reject the terms. Acceptance or re_j`ction by lessee must be made in the same manner in w3:ic?~ the notice i~ received from lessor.. 13. AFk'OINI'IvIE~IT OP LESSEE AS AGE'\`~ OF LESSOR: 13y his execution hereof lessor hereby appoints lessee, its agents or assa.gns, as the representative of lessor to sign, co--si~~n, initiate and proceed wiL-b. any and all applications or petitions ~or annexa.tion, zoning, or re-zoning, conditional use permits or si~ailar matters relating thereto that lessee, its agents or assigns rna~,~ in its sole discretion deem. necessary to permit the use of ti=P prerl5i ses as may' be desired by /,~5 ~'~ c!~ ~i psi , ~~i~ i" 4 .- r - T ~~ f~ •~/lii%~-S ~r~ ~.r ~'~~.~_- .~'~?~~ ~'/a r Y->;='.~` .L 1. /.' - ~ _ xis S~ITI~ESS ti•7I-IEREOF, the party os hereto have executed this agree- ment all as of the ~~' da}' of 1979. .r `~~~e:=cr .. bare ~ - `" I:•,'tz~R~G",':~Z'~,IiQ rI0 TEI~IS, I.TD. STATE OF OREGON ) County of Jackson } ss: 1973 ? Personally appeared 7CREVGI? w. I]A<i~, and acknowledged the fore- going instrument to be his~voluntar~: act and deed.. }before me; _._~\ -- t:a4ar~~ :'.:bl.ic for Oregon r~.: com~;a ,lion ezcpires: 4-X.EASE AGftEE[~E°:T ~'• Hare--Intermour.t.~air. ~ 1 f' . '~ •~% i ~ ~ ~~ ,j J ;~~: ,~> : _ ,_~ `` STA'I'D OF OREGON ;'' C ty of ~'ackson . 3/ 1979 Pez'sonally appeared STA \ F[,~RR1S wt~o being duly swam ,d.id say that he is the president of INTEr~!•~OUh'T:,TN H02~1E SYSTEMS, L~'D. , an Oregon corporation, and that said instrument was signed an behalf of said corporation by autho rit~~ of ats board of dixectors and he acknowledged said instrument to be its voluntary act and deed. B~~QrYf r me: ~• ~ iry, ~,.,+ ,.'~ 5~ ~.t.~/~~rr ~ i : ~T - . - j r'; - ~~ ~Y . 4 :~o ry Public or an '~~, x ~}~ coznmi.ssion expires; t'~ l!- *' ~ u p ~-`'~ 5-J.FASE AGR£EM.Eh`!' Flare-Tntermot~n to i n .._ ..._. ...1 .. .. f_ 1~ ~` i !_ J . ;~.i }:_•'.': ~~~~lrl~~ ryy~ y _. '__-: F~~ ` r~7 ~~" ~.~~ '7~.-19469 4 ~ _ Commencing at the Southeast corner o` Do~sation Land Claim Ha. 56 Tormship 37 South, Range 2 ldest of the t,illamette t~erzdian in Jackson County, Oregon; thence South 89°58~1~" West a.iong the South boundaxy of ,said Donat.ian .and Clai::~ Via. 56, 3936.93 feet for the true point of beginning; thence 'i:ozth 32°04'30" West 918.5fl feet; thence.alang the southerly line aE tract described an Voiume 352,. Page 30 Deed Records of Jackson County, Oregon to a point on the ~Tes~erly line of the East 1/2 of said G'onation Land Claim; thence South along said Westerly line of saie Donation Land Claim to the point of intersection between saki lire and the southerly boundary of said Donation Land Claim, thence ~yort 89°5B°15" East along sand South Boundary to the true point o= becirnwng, ' EXCEPTING THEREFROM that certai: proper _y described in the Deed recorded in Volume 473 a*_ Page x'95 0 tha 1]eed Records of Jackson County, Oregon, which property ~,-as he_Ftezore conveyed by WiJ.liam i~Talkezneyer and Dorothy :4alker,.e~.e_ to th. State of Oregon. AS,SO EXCEPTING THEREPr't0_t that certai. p-operty described in the deed recorded as Document h:o. 56-121b, o:: the Official: Records af' Jackson County, Oregon, s~*hic propert~~ Baas conveyed by ~Sx~evor Hare to Heiman ~.. Handshy ar<d Opa? :.. ~iancs~;~, husband and wife. ;1ccls~a CAa~, OzaSTo~ Aecos~~d OF'P'lCI1~ SECO~tD3 9: ~,~ S E P 5 X979 ~ ss. w~.i.nE~ x~~~ ~ ,~oR~~a g ~Pu~7t Rxft~~:'~ .. `} / J` ?/ `, r• ~ ~. CONSENT TO~ANNEXATION (Y) (We), property owners of Tax Lot 1003 3? 2 tdest 1111 {also refer to 1.e a7. descri tion as attached. to findin s) da hereby petition the City Ca~.zncil_ of the City of Centra7_ Point, Oregon for annexation of the abotre described, territory t.o~~.the City. This petition and consent is ~.n conformance with the requirements of ORS 222,1, 1.~. and OR.S 222.x.70, and al.l app~.icable LCDC and 1oca1 requirements, ~- ~':_~_r'"- ~Iltermnuntaa.n Home .Systems F Ltd. ~ . WiTNESS.: N~TA~Y PUELIC - pgcGpN MY Co~m;,s'son cxp=re; . 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