HomeMy WebLinkAboutResolution 755 - Ash Street ROW VacationPLANNING COMMISSION RESOLUTION NO. ~~5~
A RESOLUTION RECOMMENDING APPROVAL OF A RIGHT-OF-WAY VACATION
OF PORTIONS OF ASH STREET
WHEREAS, the Central Point City Council is authorized under ORS 271.130 to initiate
vacation proceedings far any public street and make such vacation without a petition or consent
of property owners; and
WHEREAS, on ]uly 24, 2008 the Central Point City Council by Resolution No. 1186 set
September 25, 2008 as the date to consider the partial vacation of Ash Street; and
WHEREAS, by Resolution No. 1186 the City Council further directed that the proposed
vacation be forwarded to the Planning Commission for their consideration and recommendation;
and
WHEREAS, on September 2, 2008, the Central Point Planning Commission conducted aduly-
noticedpublic hearing at which time it reviewed the Staff Report and heard testimony and
comments on Ash Street Right-of--Way Vacation;
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, after considering all testimony, does hereby forward a favorable recommendation
to the Central Point City Council to approve the partial right-of--way vacation of Ash Street as
described in the Exhibit "A", the Planning Department Staff Report dated September 2, 2008
which includes attachments, attached hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this
c~w-~_ day of tw~.~..5 2008
Plannin om 'ssio
ATTEST:
~~
City Representative
Approved by me this ~tr-~ day of ~ X2.008.
Plannin o ' sio
Planning Commission Resolution No. ~ S ~ (0910212008)
City of Central Point;-Oregon
940 So.Thit~ St.,Centra,l Paint,.0r97502
549.664.321. -Fax 541,.654.6384
www,ci:eentral-point:or.us
STAFF REPORT
September 2; 2008
R.lanning Department
Tom Wt~m~hrey 7!IiCP,
Cammunityiaeveiopment Director/
Assistant City Administrator
ITEM: Ash Street Vacation -File No. 08182, Consideration of a Resolution Recommending
Approval of aRight-of--Way Vacation of Portions of Ash Street.
Appiicant: City of C al Point
STAFF SOURCE; D 'd aeob, Community Planner
BACKGROUND: On dune 4, 2008, Bryan and Lisa Herrmann {Herbert Farber, Agent)
submitted an application to the city requesting a partial Right-of--Way (ROW) Vacation (the
"Vacation") of a section of Ash Street. The Vacation affects that section of Ash Street from
Freeman Road to South 7fh Street, On the City's Street Classification Map Ash Street as a
designated residential street with an existing. ROW of 80 ft. The City's existing minimum
standard for a residential street is 56 ft. The area to be vacated would be 1211. on both sides of
the street which would result in a ROW width of 56 ft. from Freeman Road to South 7~' Street.
ORS provides two methods for vacating public right-of--way, These two methods are described
in ORS 271.080 and ORS 271.130, each of which is generally described as follows:
1. ORS 271.080 provides far a ROW vacation through a petition process. Requiremen#s for
approval of the vacation petition include the consent of the owners of all abuttinir
properties and of not less than two-thirds in the area of the real property affected- thereby.
Notification and a public hearing are required in accordance with ORS 271.110
In reviewing the Hermann's vacation application, Planning Department Staff found that the
applicant had not met the minimum consent requirement for abutting and affected property
owners. Since the Vacation application did not meet the basic requirements of ORS 271 A10(2),
the Planning Department sent a letter to the applicants suggesting that the application be
withdrawn based on noncompliance with the legal requirements of ORS 271.010(2). Subsequent
to the staff letter, the applicants' representative provided an additional consent form but the
applicant still did not meet the abutting property consent requirement, and was therefore unable
to comply with the vacation criteria of ORS 271.080.
2. ORS 271.!30 provides for an alternative method of a ROW vacation which is initiated
by a city governing body. Procedurally, the City can initiate a vacation, setting a date for
public hearing and decision. Unlike ORS 271.080, only the approval of the abutting
property owners is required to initiate, but only if the city can find-that the. vacation will
not substantially affect the market value of the property. Once the City has initiated the
vacation, the notification requirements of ORS 271.110 apply.
Ash Street Right-of--Way Vacation -Planning Department Staff Report Page 1
At the July 10, 2008 Central Point City Council meeting (Public Appearances), the applicants'
representative requested that the City initiate the Vacation per ORS 271.130. Mr. Gene Skelton,
a resident of Ash Street, was at the meeting and spoke in opposition to initiating the vacation.
After hearing both parties, the City Council requested that staff prepare a report for consideration
at the July 2~4, 2008 City Council meeting. The report would be accompanied by a resolution to
initiate the vacation process.
At the July 24, 2008 City Council meeting, the City Council reviewed a staff report and received
testimony concerning the Ash Street vacs#ion. After consideration, the City Council approved
Resolution #118b initiating proceedings to vacate. The Council requested that the Planning
Commission review the Vacation and provide a recommendation to the Council prior to the
Public Hearing. The Resolution was amended to reflect this request. A Public Hearing before the
City Council was set for September 25, 2008.
ISSUES: In consideration of this item #here are two basic issues to be considered. The
first is related to required findings for a city initiated vacation, and the other relates to the
impact of the vacation on the non-conforming status of the abutting properties.
1. In accordance with ORS 271.130, the City must make a determination whether or not the
vacation will result in a substantial affect on property values. If it is determined that the
vacation will have a substantial affect on property market value, then all of the abutting
property owners must consent to the vacation. If it is determined that the vacation will
not substantially affect the market value of property, then consents from abutting
property owners are not required. In Attachment "B", findings have been prepared
supporting a determination of no substantial affect on property market values. It should
be noted that a majority of the abutting properties have consented to the Vacation (11 of
1 S properties).
2. Although not a product of the proposed vacation the issue of non-conformity and the
relationship of existing non-conformities and the vacation need to be noted. Under
current conditions most of the residential units along the proposed vacation are non-
conforming relative to the front yard setback.
Central Point Municipal Code defines "legal nonconforming uses and structures" as those
which do not conform to provisions or requirements of the zoning ordinance or of the
zoning districts in which they are located, but were lawfully established prior to the
effective date of the codified ordinance (CPMC 17.56.020). In the R-1-6 zoning district,
the minimum front yard setback is 20 feet (CPMC 17.20.050). With the existing 80 ft.
right-of--way, eleven { 11) of the fifteen {1 S) structures abutting the proposed vacation are
legally nonconforming for the required front yard setback (See Attachment "C" -Ash
Street Vacation - $0 Ft. Right-of--Way). Additionally, the minimum lot size in the R-1-6
zoning district is 5,000 sq. ft. Tax lot 802 is 4,650 sq. ft. which is legally nonconforming
for the required minimum lot size. In Attachment "B", findings have been prepared
supporting a determination that aright-of--way vacation from 80 ft. to 56 ft. will allow all
residential properties to meet front yard setback (See Attachment "D" -Ash Street
Vacation - Sb ft. Right-of--Way) and minimum lot size requirements, thus effectively
elinunating the properties nonconforming status.
Ash Street Right-of--Way Vacation -Planning Department Staff Report Page 2
The nonconforming condition of the properties is essentially an encumbrance on the
property requiring that it comply with the Section 17.Sd. 060. Essentially, the structures
are allowed to expand/modify provided that any expansion/modification does not
aggravate the nonconforming condition, and if a nonconforming structure is destroyed, it
may not be reconstructed unless it meets required setbacks, etc.
It should be noted that, aside from the vacation, there are other means for eliminating the
nonconforming status of these properties including individual variance requests, and
classification (with conditions) as a Class "A" nonconforming use per Section 17.56.
Approval of the resolution does not constitute approval of the Vacation. It only declares the
Planning Commission's support of the vacation. The final determination on the Vacation will be
made by the Central Point City Council after conducting a duly noticed public hearing.
ATTACHMENTS;
A. Resolution No. Recommending Approval of aRight-of--Way Vacation of Portions
of Ash Street
B. Planning Department Findings
C, Ash Street Vacation - SO ft. Right-of Way
D. Ash Street Vacation - 56 ft. Right-of--Way
E. Vacation Application -Written Consent of Owner Signed Forms
F. Public Works Staff Report
G. Farber Surveying Findings
H. Rogue Valley Sewer Services Letter
I. Jackson County Fire District No. 3 Letter
ACTION: Consideration of Resolution No. Recommending Approval of a Right-of-
Way Vacation of Portions of Ash Street.
RECOMMENDATION: Approve Resolution No. ,for the partial Right-of--Way Vacation
of Ash Street.
Ash Street Right-of--Way Vacation -- Planning Department Staff Report Page 3
ATTACHMENT ~~A"
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION RECOMMENDING APPROVAL OF A RIGHT-OF-WAY VACATION
OF PORTIONS OF ASH STREET
WHEREAS, the Central Point City Council is authorized under ORS 271.130 to initiate
vacation proceedings for any public street and make such vacation without a petition or consent
of property owners; and
WHEREAS, on July 24, 2008 the Central Point City Council by Resolution No. 1186 set
September 25, 2008 as the date to consider the partial vacation of Ash Street; and
WHEREAS, by Resolution No. 1186 the City Council further directed that the proposed
vacation be forwarded to the Planning Commission for their consideration and recommendation;
and
WHEREAS, on September 2, 2008, the Central Paint Planning Commission conducted aduly-
noticed public hearing at which time it reviewed the Staff Report and heard testimony and
comments on Ash Street Right-of-Way Vacation;
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Paint Planning
Commission, after considering all testimony, does hereby forward a favorable recommendation
to the Central Paint City Council to approve the partial right-of--way vacation of Ash Street as
described in the Exhibit "A", the Planning Department Staff Report dated September 2, 2008
which includes attachments, attached hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this
day of , 2008
Planning Commission Chair
ATTEST:
City Representative
Approved by me this day of , 2008.
Planning Commissian Chair
Planning Commission Resolution No. {0910212008)
ATTACHMENT ~~B"
Plaaaiag Department Findings
Applicant: City of Central Point
Purpose: Ash Street Right of Way Vacation
File No. U8182
INTRODUCTION
In the matter of providing the Central Point City Council with a recommendation to approve a
right-of way (ROW} vacation of a portion of Ash Street. The right-of--way vacation in located in
an R-1-6, Residential, Single Family zoning district, and identified on the Jackson County
Assessor's map as 37S 2W 11BA, Tax hots 703, 725, 735, 765, 300, $06, 802, 812, 813, 814,
900, 1000, and 1100. All tax lots are located on Ash Street and abut the proposed ROW
vacation.
Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute
271.130{ 1 } as follows:
1. ORS 271.130(1 }. No street area will be vacated without the consent of the owners of the
abutting property if the vacation will substantially affect the market value of such
property, unless the city governing body provides for paying damages.
Fiading: When determining whether or not abutting property owner consents are
required, it is necessary to first determine whether or not the proposed vacation
will have a substantial affect on the market value of abutting properties. A
determination of substantial affect of market value is based on the following:
- Use: Does the vacation adversely affect the type of use on the property? All
properties are currently used for single-family detached residential purposes.
The proposed vacation will not cause, or otherwise affect, the use of the
property as permitted by the City of Central Point's zoning ordinance.
- Access: Does the vacation adversely affect the abutting property owner's
ability to access their property? All affected properties will retain legal
frontage and access to Ash Street. The vacated portion along each abutting
property will be deeded to that property (ORS 271.140}.
- Utilities: Does the vacation adversely affect the abutting property owner's
ability to extend and maintain utility services? Utility service and access will
not be disrupted as a result of the proposed vacation. A ten (10) foot utility
easement will be retained as part of the vacated area.
- Property Area and Dimensions: Will the vacation result in a reduction of the
abutting properties minimum required area and dimension requirements? The
proposed vacation will not reduce, or otherwise adversely affect the area and
dimension of the abutting properties.
Ash Street Right of Way initiation of Vacation -Findings
The vacation will not affect access to the property or the use of the abutting
property as permitted by the City of Central Point Municipal Code. In all cases
property values of all abutting properties will increase in value as a result of the
vacation from a minimum of $5,524 to a maximum of $18,936. This increase in
value is the result of the added square footage to each property. The Jackson
County Assessor's Office has stated that there will be little to no impact on
property taxes.
Conclusion: Based on the above findings that the proposed vacation will not
substantially affect the market values of the abutting property, it is determined
that the proposed vacation is in compliance with ORS Section 271.130(1), and
that consent from all abutting property owners is not necessary.
2. ORS 271.130{1}. No street area will be vacated if the owners of a majority of the area
affected, computed on the basis provided in ORS 271.080, object in writing.
Finding: The property proposed to be vacated represents 67S ft. of Ash Street
from Freeman Road to South 7th Street. There are fifteen (15) properties abutting
the proposed ROW vacation. Of these fifteen properties, owners of eleven (11) of
the properties have signed consent forms supporting the vacation application {see
Attachment " E"}.
Conclusion: Based on the finding, a majority of the abutting property owners
have signed consent forms supporting the ROW vacation application. Notice will
be sent to abutting and affected property owners as per ORS 271.110 prior to
public hearings before the Central Point City Council. It is determined that the
proposed vacation is in compliance with Section 271.130(1).
3. CPMC 17.S6A20. ""Legal nonconforming uses and structures" are those which do not
conform to provisions or requirements of the zoning ordinance or of the zoning districts
in which they are located, but were lawfully established prior to the effective date of the
ordinance codified in this title.
Findings: Of the fifteen { 1 S) residential structures abutting the proposed street
vacation, eleven (11) are legally nonconforming for the twenty foot front yard
setback, and one residential structure is legally nonconforming for the required
minimum lot area (interior} of 5000 sq. ft. required in the R-1-6 Zoning District
(CPMC 17.20.050}.
A twelve (12) ft. right-of way vacation on both sides of Ash Street would provide
the 20 ft. setback required for ail eleven (11} properties to meet the setback
requirements. The additional square footage provided would also allow the single
tax lotto meet minimum lot area requirements.
It is hereby determined that properties which are legally nonconforming for front
yard setback and minimum lot size would conform to current R-1-6 requirements
Ash Street Right of Way Initiation of Vacation -Findings
as a result of the right-of-way vacation from the existing 80 ft. right-off way to 56
ft. right-of--way.
Conclusion: Relative to the nonconforming status of the abutting properties the
proposed vacation would result in the removal of their nonconforming status.
4. City of Central Point Transportation System Plan.
Findings: Based on the City's current Transportation System Plan (TSP) Ash
Street is designated as a Residential Street. The City's pending TSP retains the
Residential Street designation for Ash Street. .
Conclusion: The proposed vacation does not alter, or otherwise affect, the street
classification of Ash Street and is therefore consistent with the City's TSP.
5. City of Central Point Public Works Standards.
Findings: As a designated Residential Street the City's Public Works Standards
require a minimum right-of--way width of fifty-six (56) feet, with a four {4) foot
parkway adjacent to the curb and a five (5) foot sidewalk. The proposed vacation
will retain a mitumum 56 ft. right-of--way width. Ash Streets curb-to-curb section
is consistent with the City's standard for a Residential Street. However,
sidewalks in the general area have been constructed adjacent to the curb. It is
proposed that in the future any sidewalks along the vacation be constructed
adjacent to the curb consistent with the remainder of the neighborhood sidewalks.
Conclusion: The proposed vacation results in aright-of--way width consistent
with the City's Public Works Standard for Residential Streets.
Ash Street Right of Way Initiation of Vacation -Findings
Atta~ri~ent
Lend
It~Qht ar w+ry Vuiatn
~••~ '80
~o ~t sems~ Ash Street VAC~tio~ « 80 ~'t; Might of ~'ny
Appl~cAnt: B~^y~n nod Lisa iierrmapa
Att~chment~,.
~:~~end
a~,t ~ vwy w~a-
-s- 26 Ft 5atback
Ash ~tt^eet V~catioq + ~6 Ft. Ri , t of Why
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Applicotrt: dry: ~~ Aid i:.isa Herr~riAnn
ATTACHMENT "E"
Vacation Application
Written Consent of Owners
Signed Forms
• :~
VACATION APPLICATION
WRl'I'TEN CONSENT OF OWNIIR
File Number ~ g ~
f
I, Sharon K Morgan ,the property owner of Tax Lot 1100
on Jackson County Assessor's Map
372W11RA
,hereby consent to the
filing of an application for Right-Of--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Si ed: ~~'~~ ~ ~~
1~
Dated: ~ ~ a 0
~~
VACATION APPLICATxON
WRITTEN CONSENT OF OWNER
File Number ~ ~ ~~Z, ,_
~,
J,~~~s ~. ~~~~n~
~~
sk~.~o~. -~~
the ~rep~ of Tax Loi
poi
,hereby consent to the
on Jackson County Assessor's Map
372W11RA
filing of an application for Right-4f--Way Vacation an said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed:
Dated: S`~ - O
1
VACATION APPLICATION
WRITTEN CONSENT OF OWNER
File Number ~ $1 g 2
~~ Evelyn R. Hull ,the properly owner of Tax Loi
loos
on Jackson County Assessor's Map 372W 1 ~ RA ,hereby consent to the
filing of an application for Right-Of--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Cenhal
Point Approving Authority.
Signed:
Dated: °~ 13 ~` • ° S
~~ ~
VACATION APPLICATION
WRITTEN CONSENT OF OWNER
File Number d 8 ~ ~ Z.
I, Virginia Brown ,the property owner of Tax Loi 300,900
on Jackson County Assessor's Map 372W 11 RA ,hereby consent to the
filing of an application for Right-Of--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
` .
Signed: ~/t~Gt.~ ,
Dated:
VACATION APPI.YCATION
WRITTEN CONSENT OF OWNER
File Number O ~ l $ 2
I, Bryan Herrmann ,the property owner of Tax Loy ~ 600
on Jackson County Assessor's Map 372W11 RA ,hereby consent to the
`>`~
filing of an application for Might-Of--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed:
Dated: .~ " ~
r 1
VACATION APPLICATION
WRITI~N CONSENT OF OWNER
File Number d ~ I g 2
I,
Thomas E. Malot
,the property owner of Tax Loi 802
on Sackson County Assessor's Map 372W 11 RA ,hereby consent to the
filing of an applicarion for Righ# Of Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed: '~~J~~z~~.L~-~. tC
Dated: - Z3 ~-~c1 ~'.
VACATION APPLICATION
WRITTEN CONSENT OF OWNER
File Number d ~ ~ $ Z
I,
Leslie K Pierce
the property owner of Tax Loi
702
on Jackson County Assessor's Map 372W 11 RA ,hereby consent to the
filing of an application for Right-4f--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed: , C /"~ '- ,rl,I~~.. - -
Dated: ~
,) ~ ~.~
VACATION APPLICATION
WRTITEN CONSENT OF OWNER
File Number D ~ r S Z
I, Lori L Larson
on Jackson County Assessor's Map
,the property owner of Tax Loi 703
372W11RA
,hereby consent to the
filing of an application for Right Of Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed: ~ ~C~
Dated: - ~~~n ~ .
~~
VACATION APPLICATION
WRITTEN CONSENT OF OWNER
File Number d ~ ~ g Z"
~~ Nelda Turman ,the property owner of Tax Lot 200
on Jackson County Assessor's Map 372W 11 R A ,hereby consent to the
filing of an application for Right~Of-Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed: ~-~"-~
Dated: ~" ~T~ d y
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Public Works Department
PUBLIC W012KS STAFF REPORT
August 26, 2008
Bob Pierce, Director
Matt Samitore, Dev. Services
AGENDA ITEM:
Vacation of a portion of Ash Street from South 7 Street to Freeman Road.
History:
PW conducted an open house on the potential vacation iri April, 2008. At the meeting several items were
discussed including non-conforming use, sidewalks, taxes and extent of the vacation request. PW- tried to address
the majority of the issues. Most of the neighborhood including the. applicants, their agent and mast of the property
owners were in attendance.
Existin Infrastructure:
Ash Street is defined as a city residential street. Residential Streets can have a width of 52 to 60 feet depending
on their design. PW Standard and Specifications requires a minimum 52' wide street for all retrofit areas. PW
defines retrofit areas as established neighborhoods that have existing paved streets and intermittent sidewalks.
This section of Ash Street meets PW definitions. PW concurs with the Planning Departments assessment for a
minimum 56' wide street. The larger street would allow for all water meters to be located within the right-of--way
as well as curb side sidewalks. Both sidewalks and watermeters are required to be within aright-of--way or a
designated easement.
Issues:
Street Width: PW concurs with the Planning Departments assessment for a minimum 56' wide street. The street
would allow for ail water meters to be located within the right-of--way as well as curb side sidewalks. Both
sidewalks and water meters are required to be within aright-of--way or a designated easement.
Vacation Area: PW concurs with the limits of the applicant's vacation request. Several other streets, including
Chestnut and Oak Street between 7~' and Freeman Road have already had street vacations on them and this request
for a vacation of Ash Street would make this section similar.
740 South 3'~ Street • Centre! Point; OR 97502 •54?.664.3329 • Fax 549.664.8384
.~~
Art~ACHME~V~' "~ ~'.:
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~ FARBER 8r SONS, INC. • POST OFFICE BOX 5286 • CENTRAL POINT, OR 97502 •
• OFFICE • 43? OAK STREET • CENTRAL POINT •
August 25, 2008
Planning Commission
City of Central Point
140 South Third Street
Central Point, Oregon 97502
Re: Findings for right of way vacation of Ash Street reducing the right of way by 10 feet on each
side, between Freeman Road and 7.s' Street.
Findings of Fact
For the City Council to approve a vacation, they must find that certain requirements and criteria
are met. It is the responsibility of the applicant to provide the Council with a statement of facts
that will lead them to conclude that these requirements and criteria are met. Such a statement is
called the Findings of Fact. In order to approve a vacation, the City Councii must determine the
following:
That the vacation complies with the Comprehensive Plan.
Finding: This request is to vacate 10 feet, each side of the present right of way which is 80 feet
wide. This right of way was created by Constant Tract Addition recorded on January 26, 1889,
and named Constant Avenue. Subsequent to the Constant plat the name was changed to Ash
Street to conform with the name of the street, previously created, with the Plat of Central Point.
The street improvements at this time consist of a 36 foot street section from face of curb to face
of curb which allows for two 8 foot parking bays and two 10 foot travel lanes. The street
presently dots not have fully developed sidewalks or planter strips. The public improvements all
lie within the proposed right of way with the exception of four water meters (shown on the
attached Exhibit "B" and "C") which would fall on the new right of way line. The proposed
vacation will result in a 60 foot wide local residential street conforming to the pending
Transportation System Plan (TSP) for local street standards.
The Circulation/Transportation Section Eleven of the adopted Comprehensive Plan dated May
1983, does not have any specifications. The proposed right of way will be in conformance with
• HERBERT A, FARBER PRESIDENT/SURVEYOR • SUSAN M. FARBER BUSINESS MANAGER•
PHONE: 54?-664-5599 • FAX.' 54?-684-5803
Page 1 of 3
the proposed comprehensive plan, TSP and preae~t city code and public works standards. The
traffic circulation, as it has existed since 18$9, will not be compromised or diminished in any
way therefore conforming to the comprehensive plan.
2. If initiated by petition under ORS 271.080 per ORS 271.120, the City Council must
determine the following:
a. For a plat vacation or part thereof that two thirds of the a, fJ`ected property owners
consent in writing. Affected property owners are all owners of properly embraced
within the plat or part thereof.
For a street or alley vacation: that 100 percent of the abutting property owners and
two-thirds of the affected property owners consent in writing. A, fJ`ected property
owners are owners of all land lying on either side of the street or alley proposed to be
vacated and extending laterally to the next street that serves as a parallel street but
not to exceed 200 feet, and all property within 400 feet of the terminus of the part of
the street or alley to be vacated.
b. That the required notice has been given.
Finding: This section is not applicable.
3. If initiated by the City Council under ORS 271.130, the City Council must determine the
following:
Finding: The city initiated the vacation process on duly 24, 200$, forwarding it to the Planning
Commission for recommendation to the City Council for approval or denial. The criterion is
limited to the following:
a. That more than 50 percent of the a,~`ected property owners do not object in writing;
and
Finding: At the time of preparing this report we have 20 of the 38 affected owners who have in
writing demonstrated #heir support for the right of way vacation. One of the 13 is Nelda Turman
who signed a consent form earlier but was not abutting so I did not include it with the original
application. I include Nelda's consent with this report. Of the original nine consents submitted
Virginia Brown has three properties which make the total of 13 signed consent forms. I also
include with this report seven statements of support from additional owners of ai~ected property.
As of this writing no one has objected to this vacation in writing. The hearing scheduled fox
September 2, 2008, will allow other affected owners to demonstrate their support or opposition
to the vacation in writing.
b. That the vacation wild not substantially a, f,~ect the property value of any abutting
property, or, if the vacation will substantially a,,~`ect the market value of any abutting
property where the owner objects, the City will provide for paying the damages.
Page 2 of 3
]Findlug: The letter from Dan Ross, Jackson County Assessor demonstrates the effect to the
abutting properties as a result of the vacation of the requested 10 foot of right of way on each
side of the street. Most properties will not have any increase of property tax as a result of this
action. This does not mean that taxes will not go up as we have no control over the actions of
government, but again, it will not be as a result of this vacation. This meets the criteria of not
substantially affecting the value of any abutting property. Dan's letter is attached as Exhibit
«A~~,
Comments: Previous testimony at the duly 24, 200$, City Council meeting indicated that the
Herrmann's who initiated this action is for the sole benefit of the Herrmann's. The Herrmann's
did initiate this action but they have the support of other abutting property owners as
demonstrated by the fact that eight additional abutting property owners have signed consents in
support of this application. They have this support because in make sense to vacate this extra
right of way, The primary reason it makes sense is that few if any of the properties would
comply with current set back standards. While they are all grandfathered in as pre-existing
conditions, if they are substantially damaged by fire, wind or other calamity they would be
required to be rebuilt to today's standards including a 20 foot front yard and 1 S foot rear yard
setbacks as shown in Exhibit "B". The addition of 10 feet of frontage would enable most of
these homes to be rebuilt more closely to the present locations. Precise measurements were not
made to locate all of the houses. In review of the photo Exhibit "C", also included in this
application, it can be clearly seen that many lots would be much closer to conformance with the
vacation than without the vacation, Although not a part of the criteria for this application there is
a clear and net benefit to all abutting properties involved with this application.
It is expected that the City reserve a 10 foot public utility easement along the new right of way in
keeping with today's standards for development.
Respectfully submitted,
Prepared by: Herbert A Farber
Farber & Sons Inc
Farber Surveying
431 Oak Street
Central Point, Oregon 97502
541-564-5599
Page 3 of 3
*~. If
~~lly z, zoa~
DEPARTMENT OF ASSESSMENT
DANYSL G. ROSS
Jackson County Assessor
10South 0akdafe Room 300
MEDFORD OR97501
Information
brafting
Personal Property
FAX
To whom it may concern,
541-7746059
541-774-5084
541-774-6094
541-774-6701
Herb Farber has asked me to discuss 'and give my opinion on the proposed vacation and consolidation of
part of the right-a-way on a portion of Ash St. in Central Paint.
Central Point was last appraised in 1991. At that time the standard lot size was .14 to .30 of an
acre. We use size adjustments #or undersized and rural tract value far oversized lots.
There are only two tax lots, 900 and 1000,~that had already exceeded the standard lot size and
with the addition, the tax consequences are very small. (SEE BELOW). Remember this is only
an estima#ed and depending how budgets do this year the outcome could change, but it
wouldn't be much.
tax
lot
lot sq
ft
old
acre
add sq
ft
new
acre
total
acre
exceed
std above
revlous
/acre
atio
MV
PR
V
TAX
RATE EST
T~
new
tax
703 7016 0.16 1015 0.02 0.18 0.00
702 6300 0.14 911 0.02 0.17 0.00
701 6310 0.14 913 0.02 0,17 0.00
600 9747 0,22 705 0.02 0,24 0.00
500 10228 0.23 740 0.02 0.25 0.00
300 10071 0.23 1996 0.05 0,28 0:00
806 5496 0.13 403 0.01 0.14 0.00
802 4550 0.11 609 D.01 0.12 .0.00
804 5025 0.12 662 0.02 0.13 0.00
$12 7575 ~ 0.17 1003 0.02 0.20 0.00
813 5039 0.12 545 0.01 0.13 0.00
814 5039 0.12 545 0.01 0.13 0.00
9D0 15392 0.35 800 0.02 0.37 0.02 $20,000.00 $:4554 $1,272.14 $0.4$ $513.17 17.0954 .$10.48
1000 13681 0.31 709 0.02 0.33 0.02 $20;000.00 3.4634 $1127.43° $0.48 $543.42 37.0354 $9.29
1100 5098 0.12 784 0.02 0.14 0.00
I hope this answers your questions.
Dan Ross
~e
~ ~ -~
r_~.. _ _~~._.~ ----~.----.._
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CENTEgI.INE CHESTNUT STREET
CEMTEREINE ASH STREET ~
E'ROPDFEPRRV ~ .. .
- ~. ~. Mdi PFCV~ ~. ~'p~pypgEP IVN
_ ..... ...... ..... ...t
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jJ ¢ C~` (ll~C~
1 EE%
_ @tlltt7lNG ENVELpPE W1THdUT ?0` VACATION
•••°••°•••••••••••°°•••• =6UILOING/rNVE'LOP/=4VlTH?0'VAC;4TlpN
water meter
-~^~ •PROPOSED'!o'Y/1CATfdN
= EX15T1NG RIGHT OF W/IY
surveyed by.•
FARBER & SONS, INC.
dba FARBER SURVEYING
(54 ~) 664-5599
P4 BOX 5286
437 OAK STREET
CENTRAL POINT, OREGON 97502
SCALE: 1" = 100.'
DATE: AUGUST 22, 2008
JOB NO. '~ 529-07
o "so X70 2ao
Feat
REGISTERED
PROFESSIONAL
LAI~7D SURVEYOR
OREGON
JULY 26, 9985
HERBERT A. FARBER
2189
RENEWAL DATE 12-31--07
~~ + /~
Surveyed by:
FARBER &. SONS, INC.
dba FARBER SURVEYING
(54 9) 664-5599
PO BOX 5286
439 OAK STREET
CENTRAL POINT, OREGON 97502
SCALE: 1" = 100'
DATE: -AUGUST 22, 2008
JOB NO. 1529-07'
0. ... 60. ,..... ~'(2a
N REGIS'T'ERE13
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 26, 1985
HERBERT A. FARBER
2189
RE~iEWAL DATA 12-31-07
Feet
VACATION APPLICATION
WRITTEN CONSENT OF OWNER
File Number
Nelda Turman
I,
the property owner of Tax Lai 200
on Jackson County Assessor's Map 372W11RA ,hereby consent to the
filing of an application far Right-Of--Way Vacation on said property, and will
allow Farber Surveying to represent me before the City of Central
Point Approving Authority.
Signed: ~""~
Dated: " ~7-~ d y
August 22, 2008
Central Point City Hall
Attn: Planning Commission
1.40 South Third Street
Central Point, OR 97542
Re: Ash Street Vacation between Freeman Road and South 7'~ Street
Dear Madam or Sir:
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
Signed:
Printed name: ~l~S.. ~,~~/'
---
Address: ~_ Bigharn Drive
Central Point, OR 97502
nom: 8"(~IDS
August 22, 2008
Central Point City Hall
Attn: Planning Commission
140 South Third Street
Central Point, OR 97502
Re: Ash Street Vacation between Freeman Road and South 7~ Street
Dear Madam or Sir;
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
si~ea: ~~ ~ ~lfreultet,~~
Printed name:
Address: ~ Bigham Drive
Central Point, OR 97502
Dated: $- `1`.~-~`~ .._
August 22, 2008
Central Point City Hall
Attn: Planning Commission
140 South Third. Street
Central Point, QR 97502
Re: Ash Street Vacation between Freeman Road and South 7~' Street
Dear Madam or Sir:
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
Signed: ~"
Printed name: ~~Aa~
~v~ ~~
Address: ~ Chestnut Street
Central Point, OR 97502
$i~a~
August 22, 2008
Central Point City Ha11
Attn: Planning Commission
140 South Third Street
Central Point, OR 97502
Re: Ash Street Vacation between Freeman Road and South 7'~ Street
Dear Madam or Sir:
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
Signed:
r' ~ ~
Printed name: ~-~.. r
Address: ~,~ Chestnut Street
Central Point, OR 97502
Dated:
August 22, 2008
/~ ...
Central Point City Hall
Attn: Planning Commission
1.40 South Third Street
Central Poirrt, 4R 97502
Re: Ash Street Vacation between Freeman Road and South T~ Street
Dear Madam or Sir:
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
Signed:
~~
Prim name:
Address: '7.3a Chestnut Street
Central Point, OR 97502
Dated: 1 ~ ~ 1 d ~ __ _
August Z2, 2008
Central Point City Hall
Attn: Planning Commission
T40 South Third Street
Central Point, OR 9?502
Re: Ash Street Vacation between Freeman Road and South 7m Street
Dear Madam or Sir:
I am a property owner that hay received notice of the proposed Ash Street
Vacation. I am signing this letter in suppor# of the Ash Street Vacation.
Sincerely,
Signed: ~
Printed name: ~ ~ 4 ~ ~ ~
Address: ~ ~--~hestnut Street
Central Point, OR 97502
Dated: ~ 23 z~ ~ ~
August 22, 2008
Central Point City Hall
Attn: Planning Commission
140 South Third Street
Central Point, OR 97502
Re: Ash Street Vacation between Freeman Road and South T~ Street
Dear Madam or Sir:
I am a property owner that has received notice of the proposed Ash Street
Vacation. I am signing this letter in support of the Ash Street Vacation.
Sincerely,
Signed:
r
Printed name: -~
Address: ~ Chestnut Street
Central Point, OR 97502
Dated: ~''~'~'
~~
June 1~, 204g
\~ .!
ATT~CHM~~NT "~,- `~ ,
ROGUE VALLEY SEVIIER SERVICES
Location: 136 West vitas Road, Central Point, OR -Mailing Address: P.O. Box 3130, Central Point, OR 7502-0005
Tel. (541)664-630D, Fax (541)664-7171 www.RVSS.us
David Jacob
City of Central Point Planning Department
15S South Second Street
Central Point, Oregon 97502
Re: Ash Street Vacation, File #08182
Dear David,
There is an 8 inch sewer main which crosses Tax Lot 1000 to serve property to the
South. The portion of this sewer main Is located in the area of the proposed street
vacation. Rogue Valley Sewer Services requests that the stree# vacation include a
provision to allow the con#inued use of public sewers within the vacated area.
Feel free to call me if you have any questions regarding this project.
Sincerely,
ar appert,
District Engi><T<eer
K:IDATAIAGENCIEStCENTPTIPLANNGISTREETVACATION108182_ASH.DOC
June 1 fi, 2008
Mr. David Jacob.
Planning Dept:
City of Central Point
140 So. Third Street
Central Point, OR 97502
]ackson Court ~ Fire Di ` r~ct No. 3
ty
833 Agate Read
White City OR 97503-1075
(54~) 8Z6-710Q {voice) {54i) $2fi-566 (fax)
Inl+en~adona!/yAac-~!lhal - ZDD5w24iQ .
Subject: Ash Street Right of Way Vacation File~#08182, Fire District #3 Comments .
Dear Dave,
Per our conversation today our only comment is that should the water system be upgraded
hydrants should be spaced so that no building is in excess of fi00 feet of a fire hydrant
(Oregon Fire Code Section 508.5.1 Exception: 1.). Curbs and sidewalks need to be
designed and ins#alled so that fire equipment can navigate turns without need of backing
up.
Thank you,
Hugh Holden
Fire Marshal