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HomeMy WebLinkAboutResolution 713 - Amendments to CPMC 17.08, 17.44 & 17.60PLANNING COMMISSION RESOLUTION NO. ~ ~ 7J A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CPMC SECTION 17.OS.010, SECTION 17.44 acrd SIC`I'lON 17.60.40 (Applicant {s}: City of Cccitral Point) Recitals 1. City of Central Point initiated a Type IV Legislative change to the City's municipal code consistent with CPMC Section 17.05.500. 2. On, December 5, 2006, the Central Point Planr~ir~~; Commission conducted aduly-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Making„Criteria. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 17.OSS00(G} Section 2. Findin and Conclusions. The Planning Cornrnission hereby adopts by reference all findings of fact set forth in the City staff reports dated December 5, 2006 and attached hereto as Attachment "A" and concludes the following: A. The amendments, Attachment "B" of City staff report, are consistent with Statewide Planning Goals and the Central Point Comprehensive Plan as exhibited by finding in City staff report dated December 5, 2006. Section 3. Recommendation. The amendments to CPMC Sections 17.08.010, 17.44 and 17.60.40 are hereby recommended for approval by reference incorporated herein, ir~~posed under authority of CPMC Chapter 16.36. Planning Commission Resolution No. ~ r~ (1210512006) Passed by the Planning Coznznission and signed by zne in autl~eEltieation of its passage this, 5tz' day of Decenlbez-, 2006. __ _ _ ~r Planzli~ Cow Hiss' air ATTEST: City Representative Approved by me this 5`'' day of December, 2006. Planzzi Co His ' air Planning Commission Resolution. No. "i 1 ~ (1210512006) Pfanning Department _.... Tom Humphrey, AICP, STAFF REPORT CENTRAL PQ~NT Community Development Director/ Assistant City Administrator REVISED STAFF REPORT December 5, 2006 AGENDA ITEM: Text Amendment Fite No. 07006 Consideration of text amendments to Title 17 of the City of Central Point Municipal Code. Applicant: City of Central Point. STAFF SOURCE: Connie C1une, Community BACKGROUND: Verizon Wireless, LLC submitted a request for a text amendment to CPMC Title 17 allowing roof and wall-mounted antennas. In reviewing Verizon's proposal, staff made numerous revisions; including the provision of a definitions section, inclusion of the High Mix Residential/Commercial, Employment Commercial, General Commercial and Civic zones within the TOD District and Corridor for building roof and wall-mounted telecommunication antennas. At the November 7, 2006 meeting the Planning Commission directed staff to initiate a text amendment on behalf of the City. The purpose of the amendment is to update antenna location standards and procedures to support the growing need and advancing technology in cellular telephone systems, particularly the use of wall and roof mounted antennas. With the expanding usage of wireless technology the issue of coverage is an important customer consideration. In an effort to address both the customer needs for better coverage and the general community's concerns regarding visual pollution, a draft amendment has been prepared at the direction of the Planning Commission. The draft code amendment addresses the use of roof and wall-mounted antennas that are camouflaged or designed to be concealed and that the use of such antennas be allowed as a permitted use in the residential multiple family, commercial and industrial zones. The draft code amendment also provides for the expanded use of tower-mount antennas as a conditional use in the commercial (G~, C-5} and industrial zones (M-1, M-2) without the TOD Corridor Overlay. Currently, antennas are only allowed in the G4, Tourist and Office-Professional District as a permitted use. The proposed amendments and a brief summary of each section (in italics) are presented below. Section 17A8.010 Definitions. Summary: Six (6) new definitions for building roof and wall-mounted antennas, communication facility tower, stealth or concealed design, tower-mounted, and wireless communication facility are proposed. Page 1 of 3 Pros: The descriptions clarify the two mount types, building and tower, used to support a telecommunication antenna and antenna array. The term "stealth ar concealed" is defined to describe the manner in which the facilities are screened or camouflaged. Cons: None. Chapter 17.44 C-4, Tourist and 4ff;ce-Professional District. Summary: Sections of the C 4, Tourist and Office-Professional District related to antennas are incorporated in the new General Regulations Section 17.60.40 and are shown with a strikethrough indicating the deleted and moved text. All other provisions of the C-4 zone remain. Pro: Standards, location and review criteria for telecommunication antennas are modernized and consolidated in the Antenna Standards section of the General Regulation Chapter 17.60.40. Tower-mounted antennas are specified as a conditional use in the commercial and industrial zone districts excluding those zones within the TOD Corridor. Con: None Chapter 17.60.4U General Regulations. Summary: This section sets forth the design regulations for antennas. The antenna regulations permit building mounted antennas in multiple family residential, commercial and industrial zones while minimizing the visual impacts of building mounted antennas. The telecommunication antenna section formerly in the C-4 zone has been incorporated into the newly created Antenna Standards section. Pro; The standards for regulating telecommunication antennas have been updated by the revisions to the General Regulations Chapter 17.60.40. Screened or concealed building roof and wall-mounted antennas are a permitted use and reviewed as a Type II Site Plan Review application (Staff Review). As a Type II application staff has the ability to forward a Site Plan Review application to the Planning Commission for their review and action as a Type III application. Tower-mounted antennas are now a conditional use in the commercial and industrial zones without TOD Corridor Overlay and reviewed as a Type III application (Planning Commission review). Con: None FINDINGS: Attachment "A" -Findings Page 2 of 3 ISSUES: 1. Wall and roof mounted antennas require Site Plan Review at the staff level. Staff does have the ability to forward potentially controversial applications to the Planning Commission as a Type Ili application. A Type III application requires a gublic hearing. 2. Tower antennas in the G4 district are allowed as an out-right use (below 80 feet in height}. The proposed amendment requires that all tower antennas require a Conditional Use Permit. Existing tower antennas will remain legal conforming. However, modifications to those towers may trigger the need far a Conditional Use Permit. EXHIBITS/ATTACHMENTS: Attachment "A" -Findings Attachment "B" - Revised Proposed Text Amendments Attachment "C" --Proposed Resolution ACTION: Consideration of proposed amendments and recommendation to the City Council. RECOMMENDATION: Forward proposed amendments as presented, or amended, to the City Council with a recommendation for approval. Page 3 of 3 AT'I'ACIIMFNT "A" FINDINGS OF FACT AND CONCLUSIONS OF LAW In the Matter of the Consideratioal of Text Aniend~nezit: Section 17.08.010 Definitions, Chapter 17.44 C-4, Tourist and Office-Professional District, Chapter 17.b0 General Regulations Central Point Municipal Code I. Int~•oduction The proposed amendment is relevant to three chapters of the CPMC and is presented in the three respective parts; definitions, C-4, Tourist and Office-Professional District, and General Regulations. The six (6) new definitions to Section 17.0$.OIO peztain to telecommu~zicatiozi antennas, mounts and tl~e terms used to define concealed or stealth relating to building mounted antennas as used in the antenna standards of General Regulations (Chapter 17.60.40). Previous sections of the C-4, Tourist and Office-Professional District governing antennas have been deleted and are now incorporated in General Regulations (Chapter 17.60, Section 17.60.40). The standards for regulating the location of telecommunication antennas have been updated with revisions to the General Regulations Chapter 17.60. These findings address the proposed text amendments specifically presented in Attachment "B", Amendment and generally identified as follows {et~il~et~eugl~ for deletions and bold italic far additions): • Definitions Section 17.08.010 • Chapter 1.7.44 C-4, Tourist and Office Professional District • Chaptet• 17.60 General Regulations IL Authority CPMC 17.10.100 establishes provisions for the Planning Commission to make a recommendation to the City Council relative to modifications to the text of Chapter 17 as deemed necessary to respond to changing community conditions and desires, to correct mistakes, or to address changes in law. Section 17.05.500 classifies this Amendment as a Type IV legislative land use procedure. In accordance with CPMC 17.05.500, 17.10.100, az~d 17.10.G00 consideration of this Amezidmen.t has complied with the procedural requirements far a Class IV legislative action, including demonstrated compliance with the Statewide Planning Goals, the Central Point Comprehensive Plan, the Central Point Zoning Ordinance, az~d the Transportation Planning Rule. Page 1 of 1 1 These amendments are legislative in nature a3~d are not applicable to a specifzc property and therefore is exempt from Section 17.45.544(G}(3) requiring a clcmo«stration of aclecluacy of public facilities. The following findings have been prepared in accordance with Section 17.45.544 addressing: 1. State Wide Platuiing Goals; 2. City of Central Point Comprehensive Plan; 3. City of Central Paint Zoning Ordinance; and 4. The State Transportation Plan~aiz~g Rule III. Stale Wide Planning G©als The proposed amendment has been reviewed far compliance with the nineteen (19) Statewide Pla~ining Goals. Based on the following findings it is concluded that the amendment is consistent with the State Wide Planning Goals. GOAL I. CITIZEN INVOLVEMENT - To develop a citizen involvement program that insures the opportunity for citizens to he involved in all phases of the planning process. Finding, Goal 1: The amendment does not detract from citizen participation in the City's planning process. The amendment provides additional definitions, procedures and standards for telecommunication antennas to the City's Zoning Ordinance, thereby serving the policies and goals of the City as expressed in the Comprehensive Plan. The conditional use pezxnit oftower-mounted antennas wi11 provide citizens the opportunity to participate in a public hearing before the City 1'lanfling Commission and appeal process. Moreover, with the involvement of the Planning Commission, this amendment allowed opportunities for citizen involvement. Couelusion, Goal X: Consistent. GOAL 2. LANI3 USE PLANNING - To establish a land arse planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate,factaral base for such decisions and actions. Finding, Goa12: The amendment does not modify, or otherwise affect, the City's land use process or policy frameworlt as presented in the Comprehensive Plan. The amendment serves to add additional defi~~itions, standards a~~d procedures to the City's Page 2 of 11 Zoning Ordinance, thereby serving to clarify tlzc current policies az~d goals of the City as expressed in the Coiilprehensive Plan. Conelusiorz, Goal 2: Consistent. GOAL 3. AGRICULTURAL LANDS" - T o preser~~e and maintain agricultural lands. Finding, Goa13: 7'he azneridnzezit does not involve, or otherwise affect lar3ds designated far agricultural use. Conelusiort, Goal 3: Not applicable. GOAL 4. FOREST LANDS - To conser-~jc-forest lands by maintaining the forest land base and to protect the state`s forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent wfth sound management of soil, air, water, and fish and lvildlife resources and to provide for recreational opportunities acrd agricttlttsre. Finding, Goa14: The amendment does riot involve, or otherwise affect lands designated for forest use. Conclusion, Goa14: Not applicable. GOAL S. OPEN SPACE, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES - To protect natural resources and conserve scenic and historic areas and open spaces. Fiutlixig, Goal 5: The amendment specifies that building-roof and building wall- mounted antennas will comply with the Historic Preservation Overlay Zone of the CPMC. The impact of building roof and wall-mounted anter~rlas on any inventoried Goal S resource would be evaluated during the site plan review process. The aznendmeut does not involve, or otherwise affect lands designated as scenic or natural resources. Conclusion, Goa15: Consistent. GOAL 6. AIR, WATER, AND LAND RESOURCES QUALITY- To maintain and improve the quality of the air, water and land resotrces of the state. Finding, Goa16: The amendment does clot involve, or otherwise affect regulations managing the quality of air, water and land resources. Conclusion, Goal 6: Not applicable. GOAL 7. AREAS SU&JECT TO NATURAL HAZARDS AND DISASTERS - To protect people and property from nattcral hazards. Page 3 of I I Finding, Goa17: The amendment does not involve, or otherwise affect regnilations protecting the citizens of Central Paint franc natural hazards. Conc[usia~r, Goa17: Not applicable, GOAL $. RECREATION NEEDS - To satisfy the recreational needs of the citizens ort)re state and visitors and, where appropriate, to provide fvr the siting ~/-trecessaty recreational facilities including destination rc.ror•ls. Finding, Goal 8: The amendment does not involve, or otherwise affect the City's provision of necessary recreational facilities. Conclusion, Goal 8: Not applicable. GOAL 9. ECONO,IKY OF THE STATE - To provide adequate opportunities tliroughorrt the state•for a variety of ecanorrric activities vital to the health, welfare, and prosperity of Oregon's citizens. Fixading, Goa19: The amendment provides antenna location standards to support the growing need and advancing technology in wireless communications. The standards regulating the placement of antennas within the City of Central Point support co~nmunicatians services necessary for economic develaprnent. The standards will provide a broader range of options for wireless service providers to furnish services in the central city area. The introduction of these standards does not reduce, or otherwise prohibit commercial activities in the City beyond what is already allowed. The amendment complies with current economic policies and goals of the City as expressed in the Carnprehensive Plan. Conclusion, Goal 9: Consistent. GOAL I0. H4USXNG - To provide for the lrousing needs of citizens of the state. Finding, Goal 10: The amendment applies to building roofs and walls in the high density multiple-family residential districts of the City and does not adversely affect the City's current housing policies. Conclusion, Goal 10: Consistent. GOAL II. PUBLIC FACILITIESAND SERVICES - To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding, Goal 11: Communication services are necessary to support an urban community. The amendment provides antenna standards that contribute to the efficient arrangement of services by allowing them to locate within the areas necessary to provide service in a timely, orderly and efficient manner. l'agc ~l of 11 Conclusion, Goal 11: Consistent. GOAL I2. TRANSPORTATION - To provide and encolrl°crge a safe, convenient and eCO1r0111TC t7'aJ'?spol'tatT0li sj~StGTr1. Finding, Goal 12: The an~endmelit does riot change, or otlicl-wise affect the City's provision of safe, convenient, and economic tI'ansportation. Conclusion, Goal 12: Not applicable. GOAL I3. ENERGY _ To conserve en.crgy. Finding, Goal 13: The arxiendixient does not involve, or otherwise affect development standards or regulations that address consei•vatian of energy. Conclusion, Goal 13: Not applicable. GOAL I4. URBANIZATION- To pr•oe1ide for an orderly and efficient transition fi•olar rural to urban land rrse, to accommodate urban population and urban employment inside urban growth boarndaries, to ensure efficient rrse of Iancl, and to provide for livable canzmunities. Finding, Goal 14: The amendment does not involve, or otherwise affect regulations addressing and regulating the transition from rural to urban Iands. Conclusion, Goa114: Not applicable. GOAL I S. WILLAMETTE GREENWAY - To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Finding, Goal 15: The amendment does not involve, or otherwise affect the Willamette River or Willamette River Greenway. Conclusion, Goa115: Not applicable. GOAL I6. ESTUARINE RESOURCES - To recognize and protect the Trniglre environmental, economic, and social values of each estuary and associated wetlands; afld To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon's estTaries. Finding, Goal 16: The amendment does not involve, or otherwise affect estuaries and associated wetlands. Conclusion, Goal 16: Nat applicable. Page 5 of I I GOAL I7. COASTAL SHORELANDS - To conserve, protect, where appropriate, develop and where appropriate restore the resources and benefits of all coastal s{tor~elands, recognizing their value fr~r protection rrrzcl maintenance af~~ti~atcr quality, fish and n~ildlife {iabitat, ti~~ater-dependc~rt uses, ecortarrtic r•esvurces arzd recreation and aesthetics. The marta~renu:nt c~f'these shar•eland areas .shall be corrtpatible with the characteristics of the adjacent coastal watc>rs; rind "I'o reduce the hazard to hzzrnan life arzd pr•aperty, and tlrc adverse effects upon water ctazality arzd fish and tivildlife habitat, restzltirtg fr•orn the use and enjat~rnent of C)regvrt's caastal shorelands. Finding, Goal 17: The amendment does riot involve, or otherwise affect coastal shorelands. Conclusion, Goal 17: Not applicable. GOAL 1 &. BEACHES AND DUNES - To conserve, protect, yvlzere appropriate develop, and tivhere appropriate restore the resources and benefits of coastal beach and dune areas,- and To reduce the {hazard to Ittzntars life and property from natural or rnan-- induced actions associated with these areas. Finding, Goal 1$: The amendment does not involve, or otherwise affect coastal beach or duEie areas. Conelusiou, Goal 18: Not applicable. GOAL Y9. OCEANRESOURCE.S - Ta conserve rrzm•ine resotzr-ces and ecological functions for the purpose of providing long-term ecological, econanzic, and social value and benefits to future generations. Finding, Goal 19: The City of Central Point is not adjacent to, or near the ocean. The amendment does not involve, or otherwise affect marine resources and marine ecological functions. Conclusion, Goal 19: Not applicable. IV. Comprehensive Plan Compliance The City's Comprehensive Plan. is comprised of ni~~.e {9) elemeiats and two-hundred and three {203) policies. The text amendment has been reviewed agaicist each element and supporting policies of the Comprehensive Plan and presented in these findings. Based on the following Endings it is concluded that the amendment is consistent with the Comprehensive Plan. Page G of 11 ELEMENT 1. Planning Area - 71iis element describes the City's general need.far° land based on projected population ~,>r~a~~~th. 'I'bis clenront of the Cortrpr-ehensivc Plan addresses Statewide Planning Goal 14, Urbanization. No policies are listed, for this element of the Carnpr°ehensive Plan. Finding, Element l : The amendi~ie~lt does not affect the existing oE• future pla~rning area of the City. Conclusion, Elenxent 1: Not applicable. ELEMENT 2. Land Distri6utiatt -This element provides an inventory of land use by category and condition, including a projection of land use needs by category. No policies are listed far this element of the Comprehensive Plan. Fizxding, Element 2: The amendment does ~~ot affect the distributio~i of lands, or the use of Land within the jurisdiction of the City. Tl~e amendrrient defines certain terms and establishes standards for the location of telecozxxn~unication antennas. Conclusion, Element 2: Not applicable. ELEMENT 3. Envirottrrtental Factors -This element describes the environmental factors that influence existing artd projected land use on the Comprehensive Plan Land Use Map. This element of the Comprehensive Plan addresses State~aJide Planning Goa13 (Agricultural Lands), Gaal S (Open Space, Scenic, and Historic Areas and Natural Resources), Goal 6 (Air, Water and Lund Resources), Gaal ~ (Areas Subject to Natural Disaster s and Ilazar•ds), and Gaa113 (Energy Conservation). A fatal of seventy-one (71) policies are listed for this element of t{ie Comprehensive Plan. Finding, Element 3: The azx~endment has beeza reviewed against all policies of Eletnent 3 with the determination that: Agricultural Lands: The amendment does not affect the existing or future designation and use of agricultural lands. Open Spaces, Scenic, and Historic Areas and Natural Resources: The amendment provides for recognition of the City's Historic Overlay zone. The amendment does not affect, or impact, lands designated as open space, scenic, or natural resource lands. The amendment does not delete site standards or development regulations intended far the protection of the environment. Page 7 of 1 l Air, Water and Land Resor~~•ces: Tl~e ar~~endri~erit does not affect tiie City's ability to maintain and improve the quality of air, water, anti land resources within the City. Arreas Subject to Natural Disasters a~><cl I-Iazards: Tire arz~erldrrrent does not modify, or otherwise inhibit tale City's ability tc7 protect ]ife arxi property from natural disasters and hazards. Energy Conservation: "l"ize arnendrnent does not modify, or otherwise affect the City's current or future ability to regulate development siarxiar-cis intended to conserve energy resources. Conclusion, Element 3: The arnendrnent is consistent with Element No.3. ELEMENT 4. Transportation Larrd -This clement provides an inventory of the City's existing transportation system, including street standards. This elem.erat of the Comprehensive Plan addresses Statewide Planning Gaal 12, Transportattort. A total of thirty-seven (37) policies are listed far this element of the Comprehensive Plan. Finding, Element 4: Tire amendment does not affect the City's ability to plan and maintain a safe, convenient and economic transportation system. Conclusion, Element 4: Not applicable. ELEMENT 5. Carnt~tei•cial Land -This element provides an inventory and needs projection for commercial lands and sets forth the City's goals and policies for attainment of identified commercial growth objectives. This element of the Comprehensive Plan addresses Statewide Planning Goal No. 9, Economy of the State. A total of four (4) policies are listed, far this element of the Cornprelaensive Platt. Finding, Element S: The amendment provides definitions and standards for telecommunication antennas to be sited in the City. The amendment does not affect the City's ability to provide for commercial growth. Conclusion, E[ernent 5: The arnendrnent is consistent with Element No. 5. ELEML'NT 5. Industrial Land -This element provides an inventory and needs projection for industrial lands and sets forth the City's goals and policies for attainment of identified industrial growth a&jectives. This element of the Comprehensive l'age8ofll Plan addresses Statewide Planning Goa19, Econarny of the State. ,~ total of thirty-ttivo (32) policies are listed, for this clement of the Comprehensive Plan. Finding, Element G: The amendment does zaot affect the use and availability of industrially plaruied or zoned lands. Conclusion, Element 6: Not applicable. ELEMENT 7. Housing Land -This clement provides an inventory and needs projection for residential lands and sets forth the City `s goals and policies for attainment of identified residential growth objectives. This element of~the Cornprehensitre Plan addresses Statelafide Planning Goal I0, Housing. A total of twenty-nine (~9) policies are listed for this element of the Comprehensive Plan, Finding, Elerr~ent 7: The amendment does z~ot affect the inventory or use of residential lands. Conclusion, Element 7: The amendment is consistent with Element 7. .ELEMENT 8. Amenity Land -This element provides an inventory of, and describes the recreational, scenic, public spaces and places, and historic resources and assets of the City. This element of the Comprehensi~~e Plan addresses Statewide Planning Goa15, Open Spaces, Scenic, and Historic Areas, and Natural Resources. A total of thirty (30) policies arc listed for this element of the Cornpreltensive Plan. Finding, Element S: The araendznezit does not affect the use and availability of recreational, scenic, public spaces and places, and historic resources and assets of the City. Conclusion, Element $: Not applicable. ELEMENT 9. Ijrrple»ientatron -This element describes the public involvement process and the planning documents, regulations, and agreements, involved in the implementation and maintenance of the Comprehensive Plan. This element of the Comprehensive Plan addresses Statewide Planning Goal 1, Citizen Involvement. There are no specific policies accompanying this element. Finding, Element 9: The amendment does not affect the City's public involvement process and the planning documents, regulations, and ag~•eeznents, involved in the implementation of the Comprehensive Plan. The atendment has followed all procedural requirements of Section 17.05.500 and Section 17.10.100 of the CPMC. Conclusion, Elenxent 9: The amendment is consistent with Element 9. Page 9 of I 1 V. City of Central Point 7oniti~; Ordinance Finding: The arriendznent i~ztroduces new definitions and locatio~is standards far telecommunication anten3las to the CPMC as necessary and app3'opriatc. Adnl}tion of.thc amendmezrt does not coEiflict with any other terms or provisions of the CPMC. Conclusion: Consistent. VI. State Transportation Planning Rule Section b60-012-0060(1) Where an amendment to a functional plan, an acknowledged conrzprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as 1>i•ovided in section (2} of this rule to assure that allowed land uses are consistezzt with the identified function, capacity, and performance standards {e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulatinn amendment signi#"rcantly affects a transportation facility if it would: a) Change the functional classification of an existing or planned transportation facility; b} Change standards implerrienting a functional classification system; or' c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) A11ow types or levels of land uses that would result ire levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; {B} Reduce the perforrnanee of an existing or planned transportation facility below the minimum acceptable performance standard identified irl the TSP or comprehensive plan; or {C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perfoz-rn. below the minimum acceptable performance standard identified in the TSP or comprehensive plan. Page 10 of 11 Finding 660-012-0060{1)(a): ~'he azncnc{-nent is a znodificatiozi to an existing land use regulation, the Zoni~lg Orciiz~anee. The aznenchnent sezvcs to introduce zaew dciiniiions, location standards far telccoznznunication antennas and therefore will not modify, or otherwise significantly affect, or change any existing or ~~lan~zed transportatio~l facilities within the City. Conclusion 660-012-0060(1}(a}: No significant effect. Finding 660-012-0060(1}(h): The a~uendEnezzt introduces new definitions and standards that serve to specify the location of telecozn~nunication antennas and does not change standards iznplcnientiz~g a functional classification system. Conclusion 660-012-0060(1}{~): No sigEZificant effect. Finding 660-012-0060(1)(c)(A): The amendzxzent i~~troduces new definitions a~~d standards that serve to specify the location of telecoznmunicatioz~ antennas and does not cause an increase in the types or levels of land uses that would result in levels or access inconsistent with the City's functional classification of existing or planned transportation facilities. Conclusion 660-OI2-0460(1)(c){A}: No significant effect Finding 660-012-0060{1)(c}{B}: The amendment introduces new definitions and standards that serve to specify the location of telecommunication antennas and will not cause a reduction in the perfornance of any existing or planned transportation facilities below the minimum acceptable performance standard identified in the TSP or eoznpreltensive plan. Conclusion 660-012-0060{1){c)(B}: No significant effect. Finding 660-012-0060(1)(c)(C): The amendment will not cause the worsening of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. Conclusion 660-01.2-4060(1}(c)(C): No significant effect. Page I l of 11 A'l"t'ACttMENT "B" Definitions Section i 7.08.010 "Antenna" means a device, dish or array used to tra~~sznit or receive signals for telecommunication purposes. An ante~7na is typically mounted on a supl~ortiz~~ tower .........._.._ x pale, mast or buildin. Building Roof Mounted Antennas. An Wirclcss Caznmunication Facilit WCF antennas for cellular Personal Telecoznznunications Services PCS and similar radio sez~viccs installed on a buildin roof see Section 17.60.40 . Buildin Wall-Mounted Antennas. An Wireless Con~znunication Facilit WCF antennas for cellular Personal Telecoznznunications Services PCS and similar radio services mounted to the roof ed e or sidewall elevatiozz of a buildin > or structure see Section 17.b0.40). Co~nn~unication Facilit Tower fireless . A structure towcr olc or mast solel dedicated to su ort one or more wireless coznmunicatiozls antenna s stems. For the u ose of this section such a su oz-t structure will be referred to enericall as a "tower". Tower t es include: 1. "Gu ed tower". A tower that is su orted b use of cables wires that areperznanently anchored to the. ground. 2. "Lattice tower". A tower eharactez•ized b an o en framework of lateral cross-members that stabilize the structure. 3. "Mono ole". A sin le a ri ht ole en ineercd to be self su ortin and re uirin no wires or lateral cross-members. Stealth or Concealed Desi n. The desi of wireless communications facilities in a manner that caznoufla es or conceals or dis ises the facilities as described below: 1. camoufla e. The use of sha e color and texture to cause an ob'ect to a ear to become a art of somethin else usuall a structure such as a buildizl wall or roof. "camoufla e" does not mean invisible but rather a eariza as art of or exactl like the structure used as a mount. 2. Cancealrrzent. Full hidden from view. For exam le a Wireless Communication Facilit WCF is concealed when it is com letel hidden or contained within a structure and is cozn atible with or com lements the architectural character of the building wall or roof. Proposed Amendments: Definitions Page 1 of 2 3 D~s~;uised. A Wireless Coa~~~llllt]1Cctti.on FacilitX, (WC~ that leas bect~ cha~~ ed to a > >ear to be soinethin Y other thaE1 what it reall is. >;or exainple,_WCFs are sQi~zetin~es tiffs >ut., iseci to appear as trees or flagi~alcs. Tv~~•rr-'~~oY~~-teci ~lnten~ia. <<~~~ aa~tea~na or a co-located antenna mounted o€1 a corr~~nuFiication facility tower. Wireless C©mmi~nication Facilit~y {WCF}. A ~io~1-staffed facility for the trans~7~issi~r of radio fi-e acne RF si pals usuall consistin 7 of aia e ui ~~nent shelter cabinet or other enclosed structure housin electronic e ui n~ent' a su ort structure- a~~d antenna s stems or other transmission and rece ~tion devices. This includes cellular ante~~nas satellite dishes and microwave dishes. Proposed Amendments: Definitions Page 2 of 2 Chapter 17.60 General Regulations Section 1.7.60.40 Antenna Standards. The ur ose of these re ulations is to ensure that antennas continue to sezve the needs of the cornzrzunit while assurin that antennas are re ulated iz1 a manner that minimizes visual im acts. The standards re ulatin the lacement of antenz~zas within the Cit of Central Point are as set forth in this sectian. Section 17.b0.40.10 Puildin Roof and Wall-Mounted Azitezznas. The ur ase of these regulations is to ensure that building and wall,-mount antennas are re ulated in a manner that minimizes visual izrz acts corn lies with the intent of the terzrzs concealed camoufla e and dis wised as terzxzs defined in Section 17.Q8.01.0 rotects nei hborhoad livabilit romotes universal service to alI customers and ensures all raviders are fain treated. Roof az~d wall-mounted antennas as defined in Section 17.Q8.1Q are allowed er Table 1 sub'ect to the following: Table 1 ~... 7on~ng Dishict' Permitted Use Cc~~tditio~~al Use Not,?exxz~i~ted R-1 NA Not Permitted R-2 ` N ~~ Noi Pernz~ted R-3/HI11R I'trr7-ti.tted N.~~ C~i vi.c I'ertnittcci N A L-? Pez'nutted N%'1 EC/~C Pez'iititted NA _ C.-~ ~~'7'Ill.I.t~E'.d U %~ C-a 1'er~r~itt~r~ N M-1. Permitted NA M-2 Pez'~~dtt~d NA A. Building Roof and Wall-Mounted Antennas 1. Suildin Roof-Mounted Antennas. Antennas installed on a buildin roof shall be incor orated within or concealed behind existin or new architectural.features compatible witl~_az~d_compiementary to the t'roposed Text Ameildnient Page 1 of 4 buildin 's architectural cl~taracter so as to not be readil recd zlizable as an antenna and to be screened from view from the 7rouzld level of abuttin r ublic streets aztd ad'acent ro erties. Acct tablet es of screenin are laceznent behind the roof ara et lacement behind a screen clesi rued to blend with the existin buildin laceznent within or on the zrzechanical enthouse or on a roof-zrzounted buildin element such as a chimne exhaust pipe, cupola bell tower or flagpole. 2. Historic Com atibilit .All roof-mount antennas s1~all com 1 with tl~e Historic Preservation Overla Zone Section 17.70 of this ordinance. 3. Buildin Wall-Mounted Antennas. An Wireless Conu~unicatioz•t Facilit~(WCF}.antennas mounted to the roof edge or sidewall elevation of a building shall be completel~COV~z•ed with the same, or complementing exterior finish and color as the exterior of the building or structure. All wall--mount antennas shall com 1 with Section 17.60.100 Pro'ections section of Phis Cha ter. 4. Allo~cvabXe_Height for Antennas Mounted on Building Roofs and Walls. Antennas mounted on buildin roofs and walls shall not extend more than ten 10 feet above the hi hest existin architectural Feature on the buz-----., ldin~ B. Site Plan Review. All_z~oof-mounted and wall-mounted az~tez~nas shall require Site Plan Review. A Site Plan Review of the a lication for a buildin ermit shall lae an administrative T e II rocedure and com 1 with Section 17.05.300 of this ordinance. In some circumstances a T e II a Iication ma be referred b staff to a T e III rocedure when unusual features or circumstances of the site buildin or irn rovement could result in an adverse im act on the buildin nei hborhood or ad'acent ro erties. When such a referral is made the a lication shall be rocessed as a T e III a licatian includin the requirements for a hearing, notice af,d~eision as provided by Section 17.05.00 and shall com I with Cha ter 17.72 of this ordinance. Proposed Text Atnenda~~ent Page 2 of 4 Section 17.60.40.20 Tower-Mounted Antennas. Tower-Mounted standards shall cam I with the follawin standaz•ds: A. Tower-mounted antennas are allowed er Table 2. Table 2 Tower-Motiinted Antenna Zoning District Permitted Use Conditional Use Not Pernnitted __ _ __ P-l ;Not. i'ernitted -' -~ 1.- Not i'erri~itt~d P-3 _ - Not:PerzTUtt~cl ' C-2 - _ Not Permitfed __ C-4:' t:.ti~tditicinal Use C-5 (.,c».zdilioz~al List. --~--.~.wf~ou~~~nas-~~ce~ ' -ez x~E o~z~ ~. E-ir~hc~i ht-ter-e-r~ E:fl31.E~1~iF3i~~~--~1~5c'-~E3~ 7[',2't~-- r~}t=c~~-fiari=~~irir-z-c=r~E}i~-l-~I~L'-i~i~-3E~i3~~i-~~~t B. Tower-mounted antenna, sin~Ie. Single tower mounted antezu~as are subiect to the £ollowing~eneral requirements: a. When ad'acent to residentiall zoned ro erties additional rawer setback may be required to„project against collapse; b. Towers and tower-mounted antennas shall be aimed an unobtrusive color; c. Lightiz~g_on towers shall be prohibited unless rewired by the Federal Aviation Administration; and d. Co_ nditional use permit applications zn~~ haye additional conditions imposed to mitigate the visual impact a£ the tower and towez-mounted antennas on surrounding_properties. C. Tower-mounted antennas, co-located. Co-located antennas are subiect to the following requirements: Proposed Text Amendt~tent Page 3 of ~ a. ShaII be reviewed sul7'e:ct tlzc Site Plan Review rovisions of Section 7.7.fiQ.40.10 B I?. ShaII be z~:-tounted in a confi 7zzratioz~ sinulaz• to or Iess obtrusive than antennas aIread exitiz7 7 on tl~e tower. Proposed Text Amendment Page 4 of 4 Clxaptcr 17.44 C-4, TOURIST AND OFFICIO-PItOI+LSSIONAL DISTRICT Sections: 17.44.010 Purpose. 17.44.020 Permitted uses. 17.44.030 Conditional uses. 17.44.040 1-leight regulations. 17.44.050 Area, width and yard requirements. 17.44.060 General requirements. 17.44.070 Sigzzs and lighting of premises. 17.44.080 Off-street parkizzg. 17.44.090 Antenna stacidards. 17.44.010 P€rrpase. The C-4 district is intended to provide far the development of concentrated tourist con~znercial and entertairiznent facilities to serve both local residents and the traveling public, and also for the developzmez~t of compatible major professional office facilities. C-4 development should occur at locations that will zxzaxizmize ease of access and visibility froze the lnterstate 5 freeway and major arterial streets and to be convenient to the users of Expo Park, the airport, azld downtown. (Ord. 1436 §2(pazt}, 19$1}. 1.7.44.020 Permitted uses. The following uses are permitted in the C-4 district: A. Professional and financial, including: 1. Banks and similar financial institutions, 2. Accounting and bookkeeping offices, 3. Real estate offices, 4. insurance company offices, S. Legal services, 6. Architecture and engineering offices, 7. Professional photo or art studios, $. Counseling services, 9. Cozporate or governzmental offices; B. Tourist and entertainment-related facilities, including: 1. Convenience market; meat, poultry, fish and seafood sales; fruit and beverage stands, 2. Drugstore, 3. Automobile sezvice station; autozxiobile and recreational vehicle parts sales and repairs; and truck rentals, 4. Motel and hotel, S. Walk-in movie theater, 6. Bowling alley, 7. Photo and art galleries, $. Photo processing pickup station, Proposed Azmenciznents: C-4 Page 1 of 6 9. Travel agency, 10. Barber anti beauty shops, 11. Sit-down restaurant or dinner house (including alcohol}, 12. Cocktail lounges and clubs serving alcoholic beverages, 13. Tavern with beer only, 14. Coznn~ei-ciai parking lot, 15. Coznzxzunity shopping centers, defined as a gs-oup of commercial cstablishn-zents planned, cleveIoped, owned or za~anaged as a unit which may include azzy of the permitted uses in this section and znay also include the following uses: a. Supern~zarket, b. Department store, c. Sporting goods, d. Books and stationery, e. Gifts, notions and variety, f. Florist, g. Leather goods and luggage, h. Pet sales and related supplies, i. Photographic supplies, j. Health food, k. Self service laundry, 1. Antique shop, zn. Delicatessen, n. Pastry and confectionery, o. General apparel, p. Shoes and boots, q. Specialty apparel, r. Jewelry, s. Clocks and watches, sales and seiviee, t. Bakery, retail only, u. Bicycle shop, v. Audio, video, electronics sales and service, w. Printing, lithography and publishing, 16. Mobile food vendors, 17. State-regulated package liquor stores, 18. Other uses riot specified in this or any other district, if the planning commission finds them to be similar to the uses listed above and compatible with other permitted uses and with the intent of the C-4 district as provided in Section 17.60.140. 19. Large Retail Establishment 80,000 sq. ft. or less as defined in Section 17.08.010, Retail Establishzxzents, Large. fz,~,~-, ,-,-, z,~:,.z,+,. m,j.,+~ . {Ord. 1835 §l, 2003; Ord. 1823 §4{part}, 2001; Ord. 1736 §2, 1996; Ord. 1727 §2, 1995; Ord. 1720 §1, 1995; Ord. I684 §44, 1993; Ord. 1 b 15 §37, 1989; Ord. 1511 §6, 1984; Ord. 1436 §2(part}, 1981 }. Proposed Amendments: C-4 Page 2 of 6 17.44.030 Co~zditloz~al rases. A. The following uses are permitted in the C-4 district when authoz-ized in accordiznce with Chapter 17.76: 1. Cazxzpgrounds and recreatio€3al vehicle overnight facilities; 2. Drive-in movie theater; 3. Golf course/driving razage, 4. lce and roller skating rinks; 5. Dance halls; G. Billiard/pool halls; 7. Miniature golf courses; S. Azrzusement center (pinball, gauges, etc.}; 9. Nonindust€-ia1 business/vocational schools; 10. Physical fitness/conditioning center; n~aztial arts schools; 11. Carwash; 12. Taxicab dispatch office; 13. Ambulance/emergency services; 14. Day care center; 15. Drive-in fast food outlets; 16. Other specialty food outlets, mobile food vezzdors; 17. Television and radio broadcasting studio; 18. Retail auto parts sales; 19. Accessory buildings and uses customarily appurte€~ant to a pez-€mitted use, such as incidental storage facilities, may be permitted as conditional uses when not included within the primary building or structure; 20. Permitted uses that are referred to the planning commission by city staff because they were found to exhibit potentially adverse or hazardous characteristics not norr€ally found in uses of a similar type and si-r_e. B. Uses other than those listed above may be permitted in a C-4 district whop included as a component of a commercial, tourist, oroffice-professional planned unit developzment that consists predominantly of uses permitted in the zone and is planned a€zd developed izz accordance with Chapter 17.b8. These uses shall include the following: 1. Department store; 2. Sporting goods; 3. Books and stationery; 4. Gifts, notions and variety; 5. Florist; G. Leather goods and luggage; 7. Pet sales and related supplies; 8. Photographic supplies; 4. Health food; 10. Self service laundry; 11. Antique shop; 12. Delicatessen; 13. Pastry and confectionery; Proposed Azmendments: C-4 Page 3 of 6 14. General apparel; 15. Shoes and boots; 16. Specialty apparel; 17. Jewelzy; 18. Clocks and watches, sales and services; 19. Bakery, retail only; 20. Bicycle shop; 2I. Audio, video, electronics sales and service; 22. Printing, lithography and publishing. per~stz~c--fires--a+~~ ~~t~~~z~ra-st~E~res-that-ex~-eed-#~he .,., z,~;,.>1+,. ,Y„s.,+• ;a~,~-are-srzbfe~=tte--the .,a;+:,,,-..,z , e ,,;+ .. ri+~ .,~ c~,,,.+;,.,, , ~r ~,~ n ~ n ~ ~lei3#~S-C31pt~7-1-~ ;~+~,Q ,. o~+o.a z,a;..~-,+ ~~ ~+n,~+„r~ „ „a., ,,; ~ +.zL7_.L et: (Ord. 1835 §2, 2003; Ord. 1823 §4(part), 2001; Ord. 1511 §7, 1984; Ord. 1436 §2{part}, I9$I}. 17.44.044 kleight regulations. No building or structure shall exceed sixty feet in height in the C-4 district except when authorized for telecommunication antenna support structures, other antenna structures or signs defined by this chapter. {Ord. 1823 §4{part}, 2401; Ord. I43G §2(paz~t), 1981). 1.7.44.050 Area, width and yard requirements. A. Lot Area. Lot area sha11 be a minimum of f ve thousand square feet. B. Lot Width. Lot width shall be a minimum of f"zfty feet. C, Lot Depth. Lot depth shall be a minimum of one hundred feet. D. Front Yard. The front yard shall be a minimum often feet. E. Side Yard. The side yards shall be a minimum of five feet plus one-half foot for each foot by which the building height exceeds twenty feet. F. hear Yard. The rear yard shall be a minimum often feet. In cases where the rear property line abuts any residential (R) district or any unincorporated lands, the rear yard shall be increased by one-half foot for each foot by which the structure or building height exceeds twenty Feet. G. Lot Coverage. No lot coverage requirements, provided the setback and parking and Loading requirements are met. {Ord. 1823 §4(paz-l}, 2001; Ord. 143f~ §2(part}, 1981). 17.44.060 General requirements. A. Uses that are normally permitted in the C-4 district but that are referred to the planning commission for further review, per Section 17.44.030(A)(19}, will be processed according to applicatio~i procedures far conditional use permits. No use shall be permitted and no process, equipment or materials shall be used which are found by the planning commission to be harmful to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination or glare, or are found to involve any hazard of fire or explosion. Proposed A~nencfn~zents: G4 Page4of6 B. All businesses, services azul processes shall be conducted entirely within a cornpletely enclosed structure, with the exception of off street parking and loaditzg areas, outdc3or eating areas, service stations, outdoor recreational facilities, recreational vehicle overzxight facilities, and other compatible activities, as approved by the planning commission. C. Open storage of materials related to a permitted use shall be conditionally 1>ez•zxxittcd only within azx area surrounded or screezxed by a solid wall or fence having a height of six feet; provided, that no materials or equipment sha11 be stored to a height greater than that of the wall. D. Front yard areas shall be planted with lawzx, trees, shrubs, flowers or other suitable landscapizxg materials and shall be continuously zxxaizxtaizxed izx good cozxclition and izx an attractive manner. Izx cases where the buildings are set back to provide for off street parking izz the fz-o~xt yard area, a landscaped strip having a minimum width of ten feet shall be established azxd maintained along the frozxt lot line. {Ord. 1436 §2(part), 1981). 1.7.44.070 Signs and lighting of premises. A. No illuminated sign or lighting standards used for the illumination of premises shall be so designed and installed that their direct rays are toward or parallel to a public street ar highway or directed toward any property that lies withizx a residential {R) district. B. No red, green or amber lights or illuminated signs may be placed izx such a location or position that they could be confused with, ar may interfere with, any official traffic-control device, traffic signal or directional guide sigzxs. G Signs in the C-4 district sha11 be permitted and designed according to provisions of Chapter 15.24 and with Section 17.60.114. (Ord. 1615 §16, 1989; Ord. 1436 §2(part), 1981). 17.44.080 Off-street parking. Off street parking and Ioading spaces shall be provided as required in Chapter 17.64. {Ord. 1436 §2(part), 1981). • ~'~~~~'L~it~L~i'lF.~}~CITCI.~QLT i1-l~str€xted: 1'ropased Anxendinents: C-4 Page 5 of 6 ~~~0 ~ ~+ n,• z°rr .,~', ~~~~e~e~~~t~~l-~~e-~-tl~e-C-4,-C--~t~3z~ere~€i~~~~et: . } c+..,,,,f,,,.~,. „r ~,,,,} +„ Q~ ~,~t-~~~z-~dz~z4z~~~-~~e-L~z~d-~~r~e~~~k~jeet-tc~}-rec;ez~r~zz~ez~ded-e-ezzclztz~zrs B~-c~6~43~ f~2C-~i$f~~=~cga~ziz'i-:-rcv~~#6i~.~1 iuz--ca:3cs.,n~rz~?i~~~~-g~&#3 ~'~~e~-~L-'a~r^c.c°°~criii~ g-rz~t-~i"t--~lel„i~+ •,,-„ •, ••,,,,,~;~;,,z2~se`-~e~~3~~gf~13~-1~~3AI3--t~~3Tre~`~-e~-~-Vz3~}z~~3e-~ ~..~.,., +~, a „-, , ho; niti+_f , ire-~e~d~t~ -~e~~ttiex~' r.-ate G~-nu~~e-~-~~~ rY~~r~n n r r~r~r~r~ r ~ n ~rr~~_ ~"""'"""~~ELF11iiAJ lil ili JiF F1AA [[1 JLA t+ri T~CTR V~.1~~iA~~~k +~ ~ ~f~~tt+Yn~~xt m~f1 ~ qya n .,,7,F:ti.,.,.,1 ~.,+1,.,,,1, «~cxcsdc°..a~~-Fire•T (may, ~ V-f ~A~n r,~ n ,f1n n+r„n+-,trnc, c+r~ntr_~,a ~'YL°`ic~isi~-rci]Vti+~rcrJl-vy-cVC4~[- _C~-__--~~~ib~+' ~ +S, + + ~~#~ 1 a o ~l l,x,_fl-,e_~ 1 A ' ., f'+ A ~{: +.-., ~+~ L1F1 Vli LF l,r ~]LR U~.+14+ 11 IlII11J L4 Ri~Vli• ~„a;+:.. .,i , ~_ ~rirficuf~rivirricn-z:~t~ ~~ :1.. ..Fn,nvi2iii~~iFicry 1 :4~d~t-i6~3~~ IiiE ~ \+ .,,a <+; .,.~ a..,~ n r.~~r.n; ry, a.~ ~-. x r +ho f~<+x r ~, f' L~on4c~li ~vrirc~ ~ ~ . (Oz-d. 1823 §4(part}, 2001}. Proposed Amendments: C-4 Page 6 of 6 ATTACHMENT ".~,~ PLANNING COMMISSION RISOLU'['ION NO. A RESOLUTION RECOMMENDING APPROVAL Ol; AMENDMENTS 'I'O CPMC SECTION 17.08.010, SECTION 17.44 anti SECTION i 7.G0.40 (Applicant (s): City c>f CentraI Point} Recitals 1. City of Central Point initiated a Type IV Legislative cf~ange to the City's municipal code consistent with CPMC Section 17.05.500. 2. On, December 5, 2006, the Central Poizlt Piazv~ing Con~z~~ission eonciuctcd a ciuiy-noticed public hearing on the application, at which time it revie~~ed tl~e City staff reports and beard testimony and comments on the applications. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS I~OLLOWS: Section 1. Making Criteria. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 17.05.500(G) Section 2. Finding and Conclusions. The Planning Commission hereby adapts by reference all findings of fact set forth in the City staff reports dated December 5, 2006 and attached hereto as Attachment "A" anal concludes the following: A. The amendments, Attachment "B" of City staff report, are consistent with Statewide Planning Goals and the Central Point Comprehensive Plan as exiaibited by finding in City staff report dated December 5, 2006. Section 3. Recommendation. The amendments to CPMC Sections 17.08.010, 17.44 and 17.60.40 are hereby recommended for approval by reference incorporated herein., imposed under authority of CPMC Chapter 16.36. Planning Commission Resolution No. (1210512006) Passed by the Planning Commission and sig~~ecl by me in autl3czztication of its passage this, S~ day of December, 2006. ATTEST: City Representative Planning Commission Chair Approved by zne this S`~' clay of December, 2006. Planning Commission Chair Planning Commission Resolution No. _ (12/OS/2006)