HomeMy WebLinkAboutResolution 773 - Time ExtensionsPLANNING COMMISSION RESOLUTION NO. ~~ 3
A RESOLUTION OF THE PLANNING COMM15510N FORWAR.DING A FAVORABLE
RECOIVIMENDAT~~N TO "~E CITX COUNCIL TO CONSIDER AMENDAZENTS T~
THE MUNICIPAL CODE TITLE 16, SECTIONS 16.]0 TENTATI~'E PLANS; 16.12
FINAL PLATS; TITLE 17 SECTI~I~TS 17.05 APPLICATIQNS AND TYPES OF
REVIEW; 17.66 APPLICATION REVIEW PR~CESS FOR THE TOD DISTRICT
AND CORRIDOR; 17.68 PLANNED UNIT DEV~LOPMENT (PUD); 17.72 SITE
PLAN, LANDSCAPING AND CONSTRUCTION PLAN, AND 17,76
CONDITIONAL L1SE PERNY ~TS
{File No: 11001}
WHEREAS, on 4ctober 5, ZOIO, the Planning Commission of the City of Central Point, in a
public hearing declared the need to ame~~d Sections 16.10 Tentative Plans, 16, I2 Final Plats;
17.05 Applicatians a1~d Types of Rev~ew; 17.66 Application Review Process far~ the TOD District
and Comdar, 17.6$ Planned Unit Development (PUD}; 17.72 Site Plan, Landscaping and
Construction Plan, and 17.76 Conditional Use Pexmits and deternlin.ed that tlie amendments as
proposed were i~i the public interest and that the general welfare of the public will benefit by the
proposed atnendment; and
WHEREAS, on October 5, 2010 the Planiung Conu»ission, held a public hearing to consider
public testimony on the pzoposed amendments; and
WHEREAS, after re~rie~~=ing the requested proposal and considet7ng public testimony it is the
determination af the Plannirig Commission that the proposeci amendments as set fo~rtli in Planning
Department Siaff Report (Exhibit "A"} dated October 5, ZU10 are minor adjustments that do not
alter, or otherwise madify che uses and character of development and land use withix~ the City of
Central Point, and is therefore detercnineci to be eonsistent with all of the goals, objectives, and
policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLti'ED by tl~e Plan7ung Comtnission of the City of Central
Foint, Oregon that the amendments as set farth in E~hibit "A" be forwarded to the City Gouncil
with a ree;onunendation that the City Council favorably consider amending the City of Central
Paint Ivlu~ucipal Code as specifieally set fart~~ in the a~tac~~ed Exhibit "A".
Planning Commission Resolutian No. ~~-~ {10I5/2010}
Passed by the Planning Commission and signed by me in authentication of its passage this
S-~~I~-- day of ~~-~-o~,0...1~ , ~010.
~~z~~ ~ ~~~;~5
Planning Conunission Chair
ATTEST;
~~ ~
City Representative
Approveci by ine tlzis s~day of Q C~~r... , 2d 10.
> ~',~-~~
Plannuig Cotrunission Chair
Planiung Commission Resolutian No. ~~I ~J {10l5/2010)
City of Central Paint, 4regon
I 40 S 3rd Street, Central Point, OR 47502
541.664.3321 Fax 54l.664.6384
www.central poi nto regon.gov
~ENTRAL
Poino~r
STAFF REPORT
October 5, Za1 a
Community Development
Tom Humphrey, AICP,
Community Development Director
Consideratian of~roposed Cen~ral Pa~nt Municipal Code amendments to provide unifarm ~.
c~e~-eloplnent approval expiration dates and a process far review of time extension requests.
Applicant: City of Central Point
STAFF SOURCE:
Connie Clune, Community Planner
BACKGROUND:
The Planning Corr~rnission has directeci staff ta draft code arnendments to resol~ve the
inconsistencies cancerning expiratzon dates for land use applications and to provide an
extension request process. In the CPMC, there are differing expiration dates for the
various types of land use applications, as well as ambiguities zelated ta time extensio~is
allowed for tlie differe7it types of applications. The proposed Chapters 1 b and I7
amendments {Attachments A and B) pravide a unifarm one (1) year expiration date for all
applications. T7~e procedure for tirne extension applications is defined as a Type I
(Administrative) process reviewed by the cornmunity development director. Also
included is a correction on Table 17.02.1, Subdivision Final Plat. This is a clerical
{typagraphic) error and shauld reac~ as a Type i review. The time exter~sion review criteria
are based an a demonstration that tl~e project remains complia~it witl~ t~~e Comprehensive
Plan or Land Development Code.
ATTACHMENTS:
Attachment A- Proposed CPMC Amendments for extension procedure: ~
1. Chapter 17.05 Applications and Types of Review, Section 17.200 (E) Type I pracedure
2. Chapter 17.66 Application Review Proc;ess for the T~D District and Corridor, Section
17.66.070
3. Chapter 17.68 Planned Unit Development (PUD}, 5ection 17.68.05 -17.68.70
4. Chapter 17.72 Site Plan, Landscaping and Constructian Plan, Section 17.72.070
5. Chapter 17,76 Conditional Use Permit, Sectian 17.76.060
Attachment B- TitIe ~6, Tentative Plai~ and Final Plats Amendrr~ents for ~xtension proceduze:
1. Chapter 16.10 Tentative Plans, Section 1 b.10.80 -16.10-091
2. Chapter 1b.12 Final Plats, Sectaon 16.12.410 - 16.12.060
Attachment C - Findings
Attachment D - Resolution
ACTION:
Consideration of Resolution No. , a recomr~endatian to the City Council for approval of
the text amendments tfl the Central Point Mnnicipal Code, Title 16 and Title 17, Sections 16.10;
16.12; 17.45; 17.66; 17.68; I7.72; and 17.76 to provide a uniform land development app~oval
expiration date and extension request process (File: 11001).
RECONLMENDATION:
Appro~~al of Resolution No. , forwarding a favorable recommendation to the City
Cauncil.
Page 2 of 2
Amendmen# A. 1:
Chapter i7.~5
APPLICATIONS AND TYPES OF REVIEW PROCEDURES
ATTACHMENT A.
Sections:
l 7.05.100 Purpose and applicability af review procedures.
17.05.200 Type I procedure {administrative).
17.05.300 Type IZ procedure (adrniriistrative).
17.05.400 Type III procedure (quasi judicial}.
17.05.500 Type IV procedure (legislative).
] 7.05.600 General provisions--One-hundred-twenry-day rule--Tirne camputation--Pre-
applicatian conferences--Acceptance and review--Plamaing officia~'s duties--
A~nended applications--Resubmittal.
17.05.700 Special pracedures.
17.05.900 Traffic impac# analysis.
17.05.100 Purpase and applicab~ility of review procedures.
A. Purpose. The purpose of tlus chapter is to establish standard decision-making procedures
that will enable the city, the applicant, and t~e public to review applications and participate in the
local decision-making process ~n a timely and effective way. Table 17,OS.1 provides a key far
determining the review procedure and the decision-making body for particular approvals.
B. Applicability of Review Procedures. All land use and development permit applications and
approvals, except building perinits, shall be decided by using fhe procedures contained in this
cl~apter. The procedure "type" assignecl to each application gaverns the decision-Inalcing process
for tlaat permit or approval. There are four types of pennit/approval procedures: Type I, II, III,
and IV. These procedures are described in subsections (B}(1) through (4) of this section, Table
17.05.1 lists all of the city's land use and development approvals and their required ~'eview
procedure{s}.
1. Type I Procedure (Ac3ministrative), Type I decisions are made by the cammunity
de'velopment director or tlesignee without public notice and withaut a public hearin~_
The Type I procedure is used when there are clear and objective approval criteria and
applying city standards and criteria requires no use of discretian;
2. Type II Procedure (Adrninistrative). Type II decisiotls involve limited discretion and are
made by the c~mmunit~~ development director oz designee with public natice, and an
opportaniry for a public hearing if appealed. The appeal of a T~~ae II decision Xs he.~rd by
the planning cominission, who makes the city's final decision.
3. Type III Procedure (Quasi-Judicial}. Type III decisions are Inade by the planning
commission after a public liearing, with appeals reviewed by the city council. Type III
decisions generally use discretionary apprnval criteria.
4. Type IV Procedure (I,egislative). Type IV pracedures apply to legislative matters.
Legislative znatte~'s invalve the creation, revision, or iarge-sca7e xmplementation of public
policy {e.g., adoption of land use regulations, zone changes, and comprehensive plan
aznendments that apply to entire districts, ratkaer tha~ just oz~e property}. Type IV matters
are considered initially by the plar~vng connmission ~vvith final decisions rnade by the city
council.
Table 17.05.1Suu~nary af Approvals by Type of Rer~iew Procedure
Approvals* Review
Procedures Applicable
Regul~tions
Annexation Type N Chapter 1.20
Code Interpretation Type IT Chapter 17.11
Code Amendment Type IV Chapter l 7.10
Comprehensive Plan Text Amendment Type IV Chapter 17.96
ConditionaI Use Permit Type III Cha~ter 17.76
Extension Request Type I Cl~a ter 17.Q5
Home Occupation Type I Sec~ion 17.60.190
Planned Unit Develapment Type III Chapter 17.68
Modification to Approval
Minor
Major
Type II
Type III
Chapter 17.09
Chapter 17.09
Plan A~nendrnent or Zone Change
- Quasi-Judicial
- Legislative
Type TII
Ty~e IV
Section 17.12.030
Chapter 17.96
Froperly Line Adjustments and Lot Consolidations Type I
Tzansit Oriented District/Corridar Review Type III Chapter 17.b6
Nonconforming Use Type II Chapter 17.56
Partition
Tentative Plan
Final Plat
Type II
Type II
Chapter 16.36
Chapter ib.12
Land L1se Review Type I
Site Plan, Landscaping and Construction Plan
Review Type II Chapter 17.72
Subdivision
Tentati~ve P1ar~
Final Plat
Type III
Type ~ I
Chapter 1 b.10
Chapter 1b.12
Right-of-Way Vacatioi~ Type IV Section I2.28.020
Tree Removal Type II Chapter 12.36
Variance Type II or III Chapter 17.13
Zoning, Major
Zoning, Minor Type II~
Type II Chapter 17.13
Chapter 17.13
Subdivisions, Major
Subdivisio~~s, Minvr Type III
Type II Ghapter 17.13
Ghapter 17.I3
Cot~versian Plan Review Type II Chapter 16.32
Uncategorized Decisian 'F'ype II
* An applicant may be re~uired to obtain approvals from otk~er agencies, such as t~~e Oregon
Department af Transpartation, or Rogue Valley Sewer. The city rnay na~fy agencies of
applications that may affect their £acilities or services.
(Ord. 1874 ~ 1(part), 2006),
17.05.200 Type I procedure {administrati.ve).
A. ,A.pplicatian Requirements.
1. AppIication Forms. Type I applications shal] be made on forms provided by t~i.e planning
department.
2. Application Requirements. Type I a~piicatians shall:
a. Include the information requested on the application form;
b. Address the critei7a i~~ sufficient detail £or review and action; and
c. Be filed vc~ith the xequired fee.
B. Administrative Decision Requirements. The community development diXector's or
designee's decisian shall address alI of the approvaI criteria. Based on the criteria anc~ the facts
contaxned witliin the record, the community devela~rr~ent director shali approve or deny the
requesteci permit or actian. A written record of the decision shall be proviaed to the applicaY~t
and kept on file at City Hall.
C. Final Decision. A Type I decision is the final decision of the city and may not be appealed
further.
D. Effective Date. A Type I de~;isian is final on the date it is rnade. (Ord. 1874 ~ 1{part}, 2006}.
E. Extension.
The comrnunity deveiopment director sha~l, upon writt~n request by t~ae a~plicant and pay_ment
of the rec~uired fee, grant a written one year extension of the a~p~oval , eriod provideti t~~at-
1. No cha~n~es are rnade to the ori '~nal agplicatxon as approved by ~e Citv
2. There have been no changes in the Code or Camprehensive Plan provisions on which the
a roval was based. In the case where the ~an conflicts with a Cade or Corn rehensive
Plan chan~e, the extension sl~all be either:
a. denied; or
b. at tk~e discretian of the communit develo ment director re-review~d as a
madificatian per Section 17.09.3U0.
3. The extension request is rnade before expiration of the o~i~ina] a~proved plan
4. If the dme limit expiretl ~d no extension has been ,Qranted the a~plicatian. shall be vaid.
17.05.300 Type II procednre {administrative).
A. Pre-Appiication Conference. A pre-application conferenee is optional for Type II reviews.
{Pre-application eonferei~ce requireinents and procedures are found in Section 17.05.600(C).)
Amendment A. 2:
Chapter 17.b6
APPLICATION REVIE'4~' PROC~SS FOR THE TOD DISTRICT AND CORRIDOR
Sections:
17.66.010 Purpose.
17.66.020 Applicability.
i7.6b.030 Applicatian and i~eview.
17.b6.040 Par~s and open spaces.
17.66.050 Application approval criteria.
17.66.06~ Conditions of ap~roval.
17.66.070 Approval expiration.
17.66.070 Approval exp~ration.
A. Application appravals granted according to the pravisians of this chapte~r ~1~ ~~e~
~ ~ .
. ?
~ , > ~ .
sl~all ex ire arid beconne void one ear &om the date on w~iicla it was issued unless:
l_ axk a~plicat~on for extension is filed ar~d approved subiect to the requirenaents o#`Section
17.05. or
~. buildingLpermits for the develop~nent have been issued and con~truction dili~ently
pu~sued to initiate eonstrucrion.
. ~ • ~
B. If the time limit foz development expired and no extension has been granted, the applic;at~on
shall be void,
Amendment A.3:
Chapter 17,68
PLANNED UNIT DEVELOPMENT (PUD)
S eCt10I15:
17.68.410 Purpose.
l 7.68.020 Size of the planned unit development site.
17.68.030 Application~ and rev~ew.
I7.68.040 Criteria to grant or de~y a PUD.
x7.68.050 Preliminary development plan.
H. Other pertuient ir~formation sha11 be included as the plantung commission finds necessary to
determine any apprapriate and desirable requirements t~at may differ frorn t~ase ordinarily
a~plicable under this title. {Ord. 1615 §b8, 1989).
~. A prelirninar~tentative~plan approval shall expire and became void one _ ear fro~ the date
an which it was issued unless the final development plan has been ap~roved pursua.nt ta Section
17.68.060 or ar3 applicatioz~ for extension is hled and approved subject to the requ~z-ements of
Section a ?.05,
J. Tf the time limit for developm~ent expired and no extension has been g~ranted the tentative PUD
plan s1~a11 be void.
17.68.060 Final development pian.
A. ~z7~}'~~y, ~'° ~~~-~*'~~ ~'ollowing the approval of the pz-eliminary development plan, the
applicant shall file a final develapment plan with tk~e city, containing in final form the
information required in the preliminary plan. The sarne shall be reviewed
v~==u.~=~.~.~.~ ~=u u°~:u~'' vy` f'~° ~'t" ~ ~'~ as set forth in Chapter 17.05 af tk~zs code, ~ke
~ ,
~3 Tbe '^°"'~"~ ~"^ D' T'~' final a i~aved de~~lo ment lan sha11 expire and become void one
year fro~i the date on which it was issned unless an application for extension is filed and
approved subi~~f to the require~nents of ~Section 17.05. The one year shall comrrlence with
approval of the final development plan.
~C. The fix~al development plan shall continue to control the planned unit development after it
is finished. (Ord. 1b31 §2, 1990; Ord. 1615 §69, 1989).
17.6$.470 Control of the PUYl duxing and after cflmpletion,
If the city ee~finds e~•idence af a major deviation from the preliminary or final developnnent
p1an, it sha11 advise the applicant to subznit an application to the planning eommission for
amendment to the plaruied unit development ur~suant to Section 17.~9. An amend7nent shali be
considered in the same manner as an original application.
17.68.080 Exceptions to zorzing and subdivision titles.
17.6$.090 Accessary uses in a planneci unit develapment.
17.68.100 Density bonus.
17.68.110 Cornmon open space.
17.68.120 General conditions.
17.68.130 Residential conditions.
17.68.140 Appeals and permit revocation.
Amendment A. 4:
Cha~tex 17.72
SITE PLAN, LANDSCAPING AND CONSTRUCTION .PLAN APPROVAL
Sections:
17.72.010 Purpose.
17.72.020 Site plan approvai required.
17.72.021 Applicatio~n and review.
I7.72.030 Information required.
17.72.04Q ~tandards,
17.72.050 Conditions on site plan approval.
I7.72.Ob0 Building permit issuance--Plan change.
17.72.07U Expiration.
A. A site plan approval s~iall lapse and become void one year following the clate on which it
became effect~ve unless, ,
r~~~~ri ~~~ ~J ~""`'`}"'" "~ "~'~""" '', "~, ~~~ prior to the expiration af one year, a building
permit is issued by the building inspector and construction is cornmenced and diligently pursued
toward cornpletion. The c~mmunit develo ment director . rnay extend the
site plan appro~~al for an additianal period vf t~ne year, subject to the requirements of Section
17.05. ~-94~
B. If ~:~-~e~ tl~e tirne ~irnit for development expired and no exter~sion has been granted,
the site plan approval shall be void, (Qrd. 1684 §70, 1993}.
17.72.080 Site plan compliance--Certificate of occupancy.
Amendment A. 5:
Chapter 17.76
C~NDITIONAL USE PERMITS
Sectians:
17.76.010 Purpase.
17.76.011 Application a~~.d review.
I7.76.020 Infonnation required.
17.76.U44 Findings and conditions.
The planning commission in granting a conditional use permit shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accotmnodate the use anc~
to meet all ather development and lot requirements of the subject zoiung district and all other
provisions of this code;
B. That the site has adequate access to a public street or highway and that the street or highway
is adequate in size and candition to ef~ectively accorrunodate the traffic that is expected to be
generated by the propased use;
C. That the proposed use will have no significant adverse effect on abutting praperty or the
permitted use thereof. In making this determinatian, the cornmission shall consider the proposed
locatioYl of improve~nents on the site; vehicular ingress, egress and intemal circulation; setbacks;
height of buzldings and structures; walls and ~ences; landscaping; outdaar lighting; and signs;
D. That the establishment, maintenance or operatian of the use applied for will camply with
local, state and federal health and safety regulations and therefore will not be detrimental ta the
health, safet7T or general welfare of persons residing or working in the surrounding
neighborhoods and wi11 not be detrime~tal ar injuriaus to the property and improvements in the
neighborhood or ta the general welfare of the community based on the review af those facto~s
listed in subsectian C of this section;
E. That any conditions required for approval of the pennit are deemed necessary to protect the
pu~blic health, safety and general welfare and may include:
1. Adjustrnents to lot size ar yard areas as needed to best accominodate the proposed use;
pro~nded the lots o~• yard areas conform to the stated minimurn dimensions for the subject
zoning district, unless a variance is also ganted as pro~rideti for in C~apter 17.13,
2. Increasing street w7dths, modifications in st~•eet designs or addition of street~ signs o~
traftie signals to accommfldate the traffic generated by the proposed use,
3. Adjushnents to aff-street paxking requirements in accordance with any unique
characteristics of the proposed use,
4. Regularion af points of vehicular ingress and egress,
5. Requiring landscaping, irrigation systerns,lighting and a praperty maintenance pragram,
b. Regulation of signs and their locat~ons,
7. Requiring fences, berms, walls,landscaping or o~her devices of organic or artificial
compositian to eliminate or reduce the effects of noise, vibratians, odors, visual.
incompatibility or other u~desirable effects on surraunding properties,
8. Regulation of time afoperations for cectain ty~es of uses if their operations may
adversely affect privacy of sieep af persons residing nearby or otherwise conf~ict with
other community or neighhorhood funct~ans,
9. Establish a time period within vt~hich the subject land use must be developed,
10. Re~uirement of a bond o~' other adequate assurance within a specified period af time,
11. Such other conditions that are found to be necessary to protect the publfc healtl~, safety
and general vc~eifare,
12. In considering an appeal of an applicaf~o~ for a conditional use permit far a home
c~ccupation, the planning commission shall review the criteria listed zn Section
17.60.190. (~rd. 1$23 ~5, 2001; Ord. 1684 §72, 1993; Ord. 1615 ~55, 1989; Ord. 1533
~ 1, 1984; Ord. 143b §2(part), l 981).
17.76.U60 Expiration.
A. A conditianal use permit shall lapse and became vaid one year following the date on which it
became effective, ut~less:
1. By conditions of the conditional use pennit, a greater ar lesser time is prescribed as a
condition af approval;
2. Prior to the expiration of one year, a building permit is issued by the city and
construetion is commeneed and diligently pursued toward completion; or
3. If no building permit xs required in ~he particular case, the conditionally-approved use
has been commenced.
B The ^'°n^~^^ ^^--~-~:~~;~~ c~rnmunity cievelo~ment director• may extend the cflnditional use
permit for an additional period of one year, subject to the requirernents of Sectian 17.05.
~-~4~
C. If ~~ -~{~'~'~~~~a the time limit for development expired and no extension i~as been granted
~
the conditional use perrnit shall be void. (Ord. 1684 §73, 1993; Ord. 143b §2(part}, 19$1).
17.76.070 Revocation,
J 7.7b.080 AppeaI.
17.7b.090 Effect.
17.76.110 Mapping,
17.76.120 Change of ownersl~ip.
ATTA~CHMENT B:
Amendnlent $
I Chapter xb.10
TENTATIVE PLANS
Sections:
16.10.410 Submission of application-~Filing fee.
16.10.015 Application and review--Fees.
J 6.10.020 Scale,
1b.10.030 C'reneral infannation.
16.10.040 Existing co~~ditions.
1 b. ] 0.450 A.dditional inforrnation.
] 6, ] 0.060 Partial development.
16.1 d.070 Explanatory information.
16.10.080 Tentative plan approval.
1 b.10.09Q Conditions an tentative plan approval.
16.10.010 Submission of application--Filing fee.
The applicarat shall submit an application and tentative plan together with improvement plans
and othe~r supplementary material as may be required to indicate the develop7nent plan and shall
submit ten capies to the city together ~uith a filing fee deftned in the city's adopterl planning
applicatioY~ fee schedule. The diagams submitted shall consist af ~rti~ree copies at the scale
specified in Section l 6.10.020 and one eopy in an eight~and~one-half-inch by eleven-inch
format. (Ord. 1786 §4, 1998; Ord. 1684 ~6, 1993; Qrd. 1650~part}, 1990).
16.10.015 Application and review--Fees.
16.10.020 Scale.
1b.10.d30 General infarmation
16.14.040 Existing conditions
16.10.050 Additional information.
~6.10.060 Partial development.
16.10.070 Explanatory informat~on.
1fi.10.080 Tentative plan approval.
A. Approvai of the tentative pla;n shall not canstitute ~ina1 acceptance of tk~e final plat of the
proposed subdivision o~~ partition for recording; however, approval of the tentative plan shal~ be
binding upon city for tkze purpose af the approval of the final plat if the final plat is in substantial
cornpliance with the tentative plan. and any conditions of approval thereof.
,
~~ . (Ord. 1b50(part), 1990),
A tentative plan approval shall expire and become vaid one year from the date on which it was
issued u~less tlae final lat has been a raved ursuant to Secfiion Xb.12 or an a lication for
extension is filed and a roved sub'ect to the re uirements of Sections l 6.10_09l and 17.05.
B. l~hen it is the intent ta develop a tet~ta#ive plan anc~ record a final plat in phases the citv, at
the tune_of tentat~ve plan ~,pprovaI, mav autl~orize a tirne ~chedule for lattin the various hases
in eriods exceedin one ear bui in no case shall the to#al time eriad far lattin all hases be
eater than five eaxs without review of the tenta#i~ve ~an for com ]iance with the current code
and comprehensive~la.fl. Eachphase ~o platted shall.canforin to the applicable requirements of
this chapter_ 1°hases platted after the passa e of oz~e year frc~m approval of t~,e tentative plan will
he uired ta modi the tentative lan. as necess to avaid conflicts with chan es in the
+;orn rehensive lan or thi s cha ter.
16.10.t}90 Conc~itions on tentative plan approva~.
]6.10.g1 Extension
A. The comamuni , developmez~t director shall upon written rec~uest b. tY he app~icant and
~pavmerit of the required fee, ~rant a written one year extension of the ap~rovai period pzayideci
that:
1. Iv'o chan~es are made to the ori 'ganal plan applic~tian as approved bv the City;
2. There have been no chan es in the Code or Comprehensive Plan prov~isions on
which the a roval was based. In the case where the lan conflicts with a
code or plan chan~ae, the ext~nsion shal~ be either•
a. denied; or ~
b. at t.he discretion of the comx-nunity c~evelopment director r~reviewed as a
xnodification per Section,17.09304
3. The extension request is ~nade before expiration of tl~e ori ir~ ial a~proved_u7an
B. If the tin~e lirnit expirecl and nc~ exterrsion has been granted the tentative pIan s~all be void.
Amendment B. 1:
Ct~apter 16.12
FINAL PLATS
Sections:
16.12.010 Submission--Procedur~.
1 b.12.020 Submission--Fees,
I6.12.030 information required.
16.12.040 Supplemental iz~fonnahon.
16.12.050 Staff review.
16.12.060 Final plat approval.
16.12.070 Agreement for impravemenfs.
16.12.080 Bond.
16.12.090 Filing.
Ib.12.010 Submission--Procedure.
Within o~e year after appro~ral ofthe tentative plan, the applicant shall cause the su~division to
be surveyed and a fiYial plat ~repared and ap,_proved in conformaxtce wit~t the a~proved tentative
plan. . The applicant sha11 subEnit the f nal plat as rec~uired by state law and this title,
~rt~ee prints thereaf, one eight-and-one-half-inch by eleven-inch reduction thereof, and any
supplementary infarmation, including any proposed separate document imposing further land use
restr~ctions in the area. {Ord. I684 58, 1993; Ord. 1650(pa:rt}, 1994).
1 b,12.020 Submission--Fees.
~6.12.030 Ynformation required,
16.12.04Q Supplernental information.
16.12.050 Staff review.
16.12.OG0 Final plat approval.
A. Review az~d approval or denial of final plats shall be made by c'rty staff_ uri.~°," ~}°-~~' ~r =*~
JJ JTLLll~ lIl-ITt
~ ~ ' . Final plat approval
shall be evidenced by signature of an authorized city representative on the original plat. The
approval of the final plat by the city shall not be deemed to constitute ar effect an acceptance for
m.aintenance responsibility of any street or easement or way shown on the final plat,
(111oved to: Te~xtata~~e plan apprc~val Sectron 16.10.080 (B)}
. . , , .
> > • a ~ ~ >
16.12.070 Agreenient for improvernents.
16. ~ 2.080 Bond.
16.12.090 Filing.
Attachment C
FINDINGS OF FAC'T
AND
CONCLUSIDNS UF LAW
File No: 11001
INTRODUCTION
Consideration of a text amendment to sections ofTitle 16 and Title 17 of the Central Point
Municipal Code to provide uniform land developiment approval expiration dates and a
process far revievc~ of time extension request.
These findings are prepared in four {4) parts to address the statewide planning goals, the
applicable elements of City's Comprehensive Plan, public facilities and the Transportation
Planning Rule as required by CPMC 17.OS.SQO and 17.10.600.
PART 1 CPMC LEGISLATIVE AMENDMENT
17.10.200 Legislative amendments.
Legislative arnend~taefits at•e policy decisions made by ci~j~ council. T7zey are reviewed using
the Type I~Ypf°ocedure in Section 17.05.500 a~~d slaall c~nfornt to the statewide planning
goals, tlie Centr•al Point compreherisive plan, the Central Poir~t zor~ing ordinc~nce and tl2e
transpor-tation planning rule provisions iri Seclion 17.1 G, 6U0, c~s applicable,
Finding: The City of Central Point Planning Commission directed staff to prepare
code amendmenfs to resolve the inconsistencies concerning expiration dates for land
use applications and to provide an e~:tension request process. a text amendment of
the Central Point Municipal Cade. Tl~ese amendments are reviewed as a Legslative
arnendrnent using the Type IV procedure in conformance with Section 17.10.200.
Conclusipn: A text amendrnent is reviewed as a Type N, Legislative decision.
17.OS.SdO Tvpe IV procedure (legislative).
G. Decision-Making Criteria. The r~ecorsxmendati~n by the planning commission and the
decision by the citv couneil shall be based on t1~e}ollowrrig faetors:
1. Whether t1Te t~equest is consistent ~vith the appltcable statewide plcrn~ing goals;
2. u~iether the request is consistent ~vith the comprehensive ~lan; and
3. ~,f'the proposed legrslatiue char~.ge i~ particular to a particular sate, the proper~y
and af~'ected aYea is pr•esently p,•ovided tivith adequnte public facilities, ser-vices a~d
transpo~°tatron networks to support trae use, or suc1: facilities, ser~~ices and transport.ation
rtetworks are planned to be prai~ided cortcut~°ently with the developnzent of the pro~erty.
Page 1 of 8
PART 2 STATEWIDE PLANNING GOALS:
17.OS.500 G. 1, l~lt.etlier~ the rec~uest is consrsterat with the applicable statewide~lafzning
goals;
GUAL 1. CITIZEN INVOLVEMENT - To develop a citizen involvement p~~ogram
ihal insut~es the oppoj•tunrl~~ for citizens to be involved in all phas~s of the
planning py~ocess.
Finding, Goal l: The proposed text alnendment daes not enhance, or de#ract, from
citizen participatian in tl~e Cit_v's planning process. A duly natieeci public hearitng is
scheduled for Octaber 5, 201d to review tl~e praposed te~:t arnendment.
Canclusian, Gaal 1: Cansistent.
G0.4L 2. LAND ~ISE PLAIVNING ~ To estc~blish a land use plun~iing process a~ad
,~olicy frame.wo~~k as u basis for all decisron and actions related to use of
land and to asss~re an adeguate, factu~l base for such decisio~~.s and actions.
Finding Goa12: Element I of the Central Paint Comprehensive Plan addresses the
Goal 2 requirement that plans and implernenting ordinances be revised on a periodic
cyele ta take into account changing public polices, cominunity attitudes and ather
circumstances; as such the proposed code amendment provides a process and policy
framework as a basis for land use decisions.
Finding Goa12: The proposed text arnendrnent is in accordance with CPMC Sectzon
17.10.200 and therefore does not modify or otherwxse affect the City's planning
process as set forth in the Comprehensive Plan. The proposed text amendment serves
to clarify current code language by providing clear and measurable standards.
Conclusion GoaI 2; Consistent.
Goal 3. AGRICULTUR~~ I~ANDS- To preserve and mar'ntain ags~rcultr,craX la~~ds,
Finding Goa13: The propased text amendment does not involve, or otheru~ise affect
lands designated for agricultural use.
Conclusion Goa13: Not applicable.
Page 2 af 8
Goal 4. FOREST LANDS - 7'o conserve,forest lands bJ1 rnaintai:ning the,forest land
b~~se arzd to protect the state's,forest econotny by making possible
eco~~ornically effacient forest practices that assure the continuous gr•o1-ving
and haruestir2g of forest tree species as tlie lecrding use on..forest land
consistent with saund managerr~erat ofsoil, air, tivater, and.fsh and wildlife
resour~ces ar~d to pt•o~~ide for recreational oppot~t~t2itie,~ Glnd c~g~icislture.
Finding, Goal 4; The pY-oposed text arnenciment does not inv~lve, or othe~~ise affect
lands desiguated for forest use.
Conclusion, Goa~ a: Not applicable.
GO.~~ S. OPENSP~4C`LG', SCENICAIVD HISTURICAREAS, AND NA7'UR,4L.
RESOURCES - To protect nattcral resources and conset-ve scenic and
laistoric ar~eus and open spuces,
Finding Goa15: Tbe proposed text atnendment does not involve, or otherwise affect
lands designated as natural, scenic, or historic resources.
Conclusian Gaal S: Not appIicabie.
G0.4L fi t1.~R, N'ATER, AND LAND RESOrJRCES QUALITY- To maintain a~rtl
irnpf•ove the quality of the ait°, ,vate~ and laru~ j•e~ources of the state.
Finding Goal b: The propaseci text amendment does not involve, or otherwise affect
regulations managing the qualxty of air, water and land resources.
Conclusian ~oal 6: Not appiicable.
G~AL 7. AREAS SUBJECT 7'O NATURAL h~"AZARDSt1ND DISASTERS - To
prote.ct people ar~d pr•operty,from raatural hazards.
Finding Goal 7: The proposed text amendment does not involve, or otherwise affect
reguiatioYis protecting the citizens of Cer~tral Point froYx~ natural hazards
Conclusion Goa17: Consistent.
GQAL 8. RECREt4 ~'I~N NEEDS - 2'o satisfv the ~•ecreational needs of the citize~as of
the state and visitors and, wher~e appropriate, to pravide, for the siting of
necessary y~creational facilities including de.stinatior: resorts,
Finding Gaal 8: The proposed text amendment does not involve, or otherwise aff'ect
the City's provision of necessary recreatioa~al facilities.
Conclusion Goa18: Not applicable.
Page 3 of 8
GQAL 9. ECONOMY OF THE STATE - To pravide adeq~sate opportunities
throughout tlie state,for a va.rr'etv of economic activities ~~ital t.o tlae hea?th,
welfare, and prosperity of Oregon's citizens.
~nding Gaal 9: The proposed text amendment does not alter the City's provision of
adequate econo7nic opportunities. The proposed text arnendment serves to clarify
current cade Ianguage by providing clear and measurable standards specifically for
the submission and review of tirne extension requests of land use applications.
Conclusion Goa19: Consistent.
G~AL I D. HOI~SING - To pf-ovide. for• the housing needs o, f citize~as o f the state.
Finding Goal 10: The ~~roposed text atnendrnent does not involve, or otherwise affect
regulations and development standards that addzess the City's housing needs.
Conclusion Goa110: Consistent.
GOAL 11. PUBLIC F.4CILITIES AND SERYICES - To plan and develop a. timely,
oj'deply und e~cient a~'ra~2ge.men.~ of p~blie fc~cilities anc~ services to serve
us a.~~anaela~ork for urban. and rLSYaI development.
Finding Goa111: The proposed text amendment daes not involve, a~ otherwise affect
~he City's provision of timely, orderly and efficient ~ublic facilities and services. The
proposed test amendment does not cause an increase in the demand for public facilities
and services not already available within the City.
Finding Goal 11: The text amendment to Section 17.77, Accessory Dwelling Units
provides for conformity to the recent amendment to the Public Works Department
water regulation, Section 13.04.100 to allow ane water meter to serve both the primary
dwelling and the accessory dwelling unit.
Conclusion GoaI 11: Consistent.
GOAL ~2. TRANSPORT,4~'ION - To provide and encourage a safe, convenient and
ecorzo~tt.ic t~-ansportation system.
Finding Goa112: The proposed text amendment does not involve, or otherwise affect
the City of Central Foint Transportation Systern Plan or modify CPMC Section
17.05.900, Traffic irnpact analysis.
Conclusion Goal 12: Cansistent.
GOgL 13 ~NERG~'- To conserve energy.
Finding Goal 13: The proposed text amendment does not involve, or otherwise afFect
and development standards or regulations that address consen~ation of energy.
Conclusian Goa113: Not applicable,
Page 4 of S
GDAL Y4. URBANIZATION - Ta provrde.f'or an o~derly and efficient t~^ansitior~,from
rzcral to 2t~ban land z~se, to accommadate urbatt population and urban
ernploymen.t inside urban growth ~ioundaries, ta ensure efficient use of
land, and to pj°ovide for• livable communit.ies.
Finding Goa114: 'I'he praposed text amendment does not involve, or atherwise
affect, regulatians addressing and regulating the transition frorn ~ural ta urban lands.
Conclusion Goa114: Not applicable.
Gt7"A.~, .l5 ~'ILLAMETTE GR,EENWAY - To protect, co~r.sen~e, en.hance and
rtaaintaitz tl~e rtatur•al, scenie, histor^ieal, agricasltural, econonaic a~td
f°ecreational quali'ties of larids alottg the Nfillamette Rivet~ as the Ylrillarnette
Rivet- Greentivay.
Finding Gaa115: The proposed text arnendment does not involve, or otherwise affect
tlte Willamette River orr Willamette River Greenway.
Conclusion Goal 15: Not applicable.
GOAL 16. EST~IARINE RESOURCES - To recog~aize a~~d protect the asniqu~
e~~.~ironmental, eedtzomic, and social values of each estuary crnd associated
ia~e.tlands; and to pt°otect. ~rtaintain, wltey~e apprapriate de~.~elop, and Za~liere
appr~priate restore the long-term environ.rnental, economic, and sacial
valtces, dit~ersity and bene~ts of ~regon's estuaries.
Finding Goal 1b: The proposed text amendrnent does not involve, or otherwise affect
estuaries and assaciated wetlands.
Conclusion Goa116: Nflt applicable.
G0~1L I7, CDASTAL S`HORELA,ND,S - To consei-ve, protect, whe.re apprapriate,
del~elop arzd x~h~re appra~t•iate restore the resouf-ces and benefits of all
coastal shorelanr~s, r~ecog~zizing their value fof° pf•otectr'on and rnaintenance
of wate~^ quality,,~sl~. and wildlrfe habitat, wate~^-dependent ~~ses, economic
resoz~t•ces aru~ recYeation and aesthetics. The management of these
shorelafad areas slzall be compatible Z~vith the characteristics of the adjacent
coastal ~ti~aters; and To red~sce the hazc~rd to human lif'e and property, and
the adver~se ef.fects upon water quality und,frsh and wildlife. habitat,
resultir~.g.from the use ayui enjoyment ofOregara's cvastal shorelands.
Findi,ug Goal 17: The proposed text amendment does noi involve, or otherwise affect
coastal shorelands.
Conclusion GoaI 17: Not applicable.
Page 5 of 8
GOAL ~8, BEACHES AND DUNES - To cdtzserve, protect, where appropriate
develop, and ~l~aere appropt~iate f-estore the resources and benefits of'
coastal beacla and datne areas; and to ~~ed~ce the hazard to lauman life and
pr•operty from natural o~ man-induced actia~zs associated with lhese a~•ea,~.
Finding Goa118: The proposed text amendment does nat involve, or otherwise affect
coastal beach or dune areas.
Conclusion Gaa11$: Not applicable.
G0~4~ Y,~. OCE.4NRESQ~lRCBS - To cortserve marine resouyces and ecological
,~rnctions for the purpose of providing long-term ecological, economic, and
social value a~d benefits to fut~sr•e generatio~as.
Finding Goal I9: The City of Central Paint is not adjacent to, or near the ocean. T~e
proposed text amendinent does not involve, or otherwise affect Ynarine resources and
marine ecological functions.
Canclusion Goal 19: Nat applicable.
PART 3 CITY OF CENTRAL POINT COMPREHENSIVE PLAl~
I7.05.500 (G) (2)(rra) Tlae request is consastent with the Cen.tr~a.l Point conlprehe.nsive
plara;
Finding: The amendments are cansistent with the comprehensive plan and serve ta
clarify current code language by pro~~iding clear an~ measurable standards by the
unifonn ane year expiration date of approvecl land use applications and to provide an
extension time request ~rocedure as a Type I, Adrninistrative review.
Firtding: Correctiox~ af a clerical or typographic error, Section 17.05.1 Table Sun~nary
of Approvals by Type: Subdivision Final Plat, should read Type Y review as provided by
1 b.12.060. Tliis correctian is consistent with CPMC Sectian 17.10,100.
Canclusion: Consistent
1. `Transpartation
Finding: The City of Central Point Transportanon Systern Ptan 2030 (TSP) replaces
Chapter XI, CirculationlTransportation of the Comprehensive Plan. The TSP provides
an inventory of the City's existing transportation systern, including street standards. This
element of the Comprehensive Plan addresses Statewide Plantung Goa1 12,
Transportatian.
Finding: The proposed text alnendment will not cause an increase in land uses t~hat
would result in levels of travel ar access that would be incorisistent with t~ie City's
functional street classification systern for existing and planned transportation facilities.
Conclusi~n: Consistent
Page 6 of 8
PART 4 TRANSPORTATION PLANNING RULE
17.10.600 Transportation planning rule compliance.
Section 660-012-nQ60(1} W~ere an arrtendment to a functional plan, an acknolvle.dged
copnprehensive plan, o~• a land use r~gulatiori ~~~ould sign.ificantly affect an existing or
planraed tf•ansportation facilily, the local governnaent shall put in place mecxsures as
~rovided in section (2) of this rule to assure that allowed lanr~ icses are consxstent with tlae
iderztified function, capacity, and petf'of~nance .~tandards (e.g. level ofset-vic~, volume to
capacrty ratio, etc.) of tlae. facility. ,tit plan o~• land use r•egzclation amendnzent signi~cantly~
affects u transpot~tation facilit~~ if it would.~
rr) Change the functio~tal elassi fication of crn existin.g or plar~ned transportation
facility,-
b} Char~ge standards irnpl~menting a, functionul classi~cation system; or
c) As rraeasut'ed at the end of the planning periad identif ed in t.he adopted
tra~zsportation system plan:
(A) Allow types or levels of'land uses that wozcld result in levels of'travel ar
aecess that are inconsistent ~-ith tl~e fu~tctional classiftcation of an ~.r.isting or
plarzned transportation. facilrty;
(B) Reduce tlte per,fornaance ofan existirig ot° planned transportation facility~
belo~al the ~r~t'nimum acceptable. peffornuznce standard identi~ed in tlae TSP o~
cornprehensive plara; otA
(C) I3~orsen the performance of a.t~ existing or planfaed trafaspt~rtation_facility
that is otherntise projected to pe~f'orm below the niinimum acceptable
perfor^nzance standat'd rdentified in the TSP or comprehensive p1an,
Fiwding 660-012-OObO(1){a}: Ti~e proposecl text amendment serves to provide clear
and measurable code standards while resolving tl~e eurrent nebu~aus language. The
proposed text amendment will not cause any changes to the functiona~ classification
of any existing or planned transpartation faciiities.
Conclusion 660-012-0064(1)(a): No significant affect.
Finding b60-012-0060(1){b): The proposed text amendment does not modify any
existing land use regulations, T`he propased text amendrnent will not cause a change
to standards implementing the City's transportation system.
Conclusion 660-012-0060(1)~b): No sigiificant affect.
Finding 660-412-0060(1)(c)(A): The proposed text amendment will nat cause an
increase in Iand uses tl~at would result in levels of travel oz access that would be
Page 7 of 8
inconsistent with the City's functional street classifcation system for existing and
planned transpoi~tation facitities.
Canclusion 660-012-4060(~)(c)(A}: Na significant affect.
~'iuding 660-012-0060(1}(c}(B}: The proposed text amendment will not cause a
reduction in the performance of any existing or planned transportation facilities
below the minimutn acceptable performance standard identified in the TSP or
Comprehensive Plan,
Conclusion 660-U12-0060(l}{c)(B}: No significant affect.
~nding 660-012-0060(1}(c){C}: The proposed text arnendment will not cause the
worsening of an existing or planned transportation facility that is otherwise ~rojected
ta perfonn below the minimuni acceptable performance standard identified in the
TSP ar Comprehensive Plan.
Conclusion 660-012-0060(1}(c)(C}: No significant affect
Sum.mary Conclusian: As ~roposed, the text amendment is in canfonn~a~ce with the
acknowledged Corr~prehensive Plan, Transportation System Plan and Central Point
Mu7~cipal Cade,
Page S of 8
A~AC H ~l~i ~l~~' i` ~~~'
PLANNING COA~IVIISSION RESOLUTION N~.
A RESOLUTION OF THE PLANN~NG CO~YIMISSION FORWARDING A FAVORABLE
RECOIIqMENDATION TO THE CITY COUNCII. TO CONSIDER AMENDMENTS T~
THE MUNICIPAL CODE TiTLE 16, SECTIONS 16,~.0 TENTATIVE PLANS; 16.12
FINAL PLATS; TITLE 17 SECTIONS 17A5 APPLICATIONS AND TYPES OF
RE~IEW; 17.66 APPLICATION REVIEW PROCESS FOR THE TOD DISTRICT
AND CORRIDOR; 1fi.68 PLANNED UNIT DEVELOPMENT (PUri); 17.72 SIT~
PLAN, LANDSCAPING AND CONSTRUCTION PLAN, AND 17.76
CONDITIONAL USE PERMITS
(F~7e No: 11001)
WH~REAS, oi~ October 5, 2010, the Plam~ing Commission of the City of Central Point, in a
public laearing declared the need to amend Sections 16,10 Tentatic~e Plans, 16.12 Final Plats;
17.05 Applications and Types af Review; 17.66 Application Review Process for #he TOD District
and Corridor, 17.6$ Planried Unit Develapment (PUD); 17.72 Site Pla~~, Landscaping and
Construction Plan, and 17.~6 Conditional Use Permits anc~ determined that the amendments as
proposed were in the public interest and that the general welfare of the public will benefit by the
proposed arnendment; and
WHEREAS, on October 5, 2010 the Planning Cominission, held a public hearing to cansider
public testimany on the propased amendments; and
WHEREAS, a~er re`~iewing the requested propasa~ and considering public testimony it is the
detertnination of fhe Planning Commission Ehat the proposed amendments as set forth in Planning
Department Staff Report {E~ibit "A") dated October 5, 2010 are mYnar adjustments that da 11ot
alter, or otherwise modify the uses and character of development and la7id use within the City of
Central Point, and is therefore detennined to be consistent with all af the goals, objectives, and
policies of the City's Comprehensive Pla~i.
NOW, THEREFORE, BE 1T RESOLVED by the Planning Commission of the City of Central
Point, Qregan that the amendments as set fortl~ in E~ibit "A" be forwarded ta the Ciry Council
with a recommendation that the City Council favorably eonsider amending the City of Cezitzal
Point Municipal Code as specifically set forth in the attached E~ibit "A".
Planning Commission Resolutian Na. {10/512010}
Passed by the Planning Cominission and signed by me in authentication of its passage this
day of __ _ , 2010.
P~aruung Comr~nission Chair
ATTEST:
City Representative
Appraved by me this day of , 2010.
Planning Comrnission Chair
Planning ComYnission Resolution No. (l O1512010)