HomeMy WebLinkAboutOrdinance 1941ORDINANCE NO. 4 l
AN ORDINANCE AMENDING CHAPTERS 16.10 TENTATIVE PLANS; 16.12 FINAL
PLATS; CHAPTERS 17.05 APPLICATIONS AND TYPES OF REVIEW; 17.66
APPLICATION REVIEW PROCESS FOR THE TOD DISTRICT AND CORRIDOR; 17.68
PLANNED UNIT DEVELOPMENT (PUD); 17.72 SITE PLAN, LANDSCAPING AND
CONSTRUCTION PLAN, AND 17.76 CONDITIONAL USE PERMITS OF THE
CENTRAL POINT MUNICIPAL CODE TO PROVIDE UNIFORM LAND
DEVELOPMENT APPROVAL EXPIRATION DATES AND A PROCESS FOR REVIEW
OF TIME EXTENSION REQUESTS.
RECITALS:
A. Pursuant to the requirements set forth in CPMC Sections 17.05 and 17. 10, the City has
conducted the following duly advertised public hearings to consider proposed amendments:
1 Planning Commission hearing on October 5, 2010.
2. City Council hearing on October 28, 2010.
B. At the public hearing on October 28, 2010, the City Council reviewed the staff report,
received the findings of the Central Point Planning Commission, and received public testimony
from all interested persons. Based upon all of the information received, the City Council adopts the
findings and conclusions set forth in the staff report dated October 28, 2010, and based upon' the
same, the City Council finds that there is sufficient public need and justification for the proposed
text amendments.
C. The City Administrator is directed to conduct post acknowledgement procedures defined in
ORS 197.610 et seq. upon adoption of the changes to the municipal code.
D. Words linedthr-euglrin the following ordinance are to be deleted and words in bold are
added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Table 17.05.1 in Section 17.05. 100 of the Central Point Municipal Code is amended by
adding a row after Conditional Use Permit that reads "Extension Request" in the Approvals
column, "Type I" in the Review Procedures column and "Chapter 17.05" in the Applicable
Regulations column.
Extension Request IType I IChapter 17.05
Section 2. Table 17.05.1 in Section 17.05. 100 of the Central Point Municipal Code is amended by
changing "Type II" to "Type I" for a Final Plat in the row above Land Use Review.
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Final Plat Type II I Chapter 16.12
Section 3. Table 17.05.1 in Section 17.05. 100 of the Central Point Municipal Code is amended by
changing "Type II" to "Type I" for a Final Plat in the row above Right of Way Vacation.
Final Plat Type 1-I Chapter 16.12
Section 4. Subsections E is added to Section 17.05.200 of the Central Point Municipal Code:
E. Extension. The community development director shall, upon written request by the
applicant and payment of the required fee, grant a written one year extension of the
approval period provided that: .
1. No changes are made to the original application as approved by the City;
2. There have been no changes in the Code or Comprehensive Plan provisions on
which the approval was based. In the case where the plan conflicts'with a code
or Comprehensive Plan change, the extension shall be either:
a. Denied; or.
b. At the discretion of the community development director re -reviewed as
a modification per Section 17.09.300.
3. The extension request is made before expiration of the original approved plan.
4. If the time limit expired and no extension has been granted, the application
shall be void.
Section 5. Section 17.66.070 of the Central Point Municipal Code is amended to read:
17:66.070 Approval expiration.
A. Application approvals granted according to the provisions of this chapter shall be Vali
the fellewing t�me per-iods, unless a 1 ger- time period is speeified in the .
phases,1. Master- plan Nve yeafs for- the first phase and ten yeafs fef, all subsequent if aily.
2. Site plan, landseape plan and eenstmetien plan; land division; and eenditiefial use one yeaf.
shall expire and become void one year from the date on which it was issued unless:
1. An application for extension is filed and approved subject to the requirements
of Chapter 17.05, or
2. Building permits for the development have been issued and construction
diligently pursued to initiate construction.
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B. If the time limit for development expired and no extension has been granted, the
application shall be void.
Section 6. Subsections I and J are added to Section 17.68.050 of the Central Point Municipal Code:
I. A preliminary (tentative) plan approval shall expire and become void one year from
the date on which it was issued unless the final development plan has been approved .
pursuant to Section 17.68.060 -or an application for extension is filed and approved subject
to the requirements of Section 17.05.
J. If the time limit for development expired and no extension has been granted, the
tentative PUD plan shall be void.
Section 7. Section 17.68.060 of the Central Point Municipal Code is amended to read:
17.68.060 Final development plan.
A., Within ,......,.,,
:;�cam.
ollowing the approval of the preliminary development plan, the
applicant shall file a final development plan with the city, containing in final form the.
information required in the preliminary plan., The same shall be reviewed by the plami
as set forth in Chapter 17.05 of this code. The
filing of the- final development plan.
B. The ro..mit fe- a PUD -final approved development plan shall expire and become void one
year from the date on which it was issued unless an application for extension is filed and
approved subject to the requirements of Chapter 17.05. The one year shall commence with
approval of the final development plan.
D -.C. The final development plan shall continue to control the planned unit development after it
is finished. (Ord. 1631 §2, 1990; Ord. 1615 §69, 1989).
Section 8. Section 17.68.070 of the Central Point Municipal Code is amended to read:
17.68.070 Control of the PUD during and after completion.
If the city eetmsil finds evidence of a major deviation from the preliminary or final
development plan, it shall advise the applicant to submit an application to the planning
commission for amendment to the planned unit development pursuant.to Chapter 17.09.
3 — Ordinance No. AASA
An amendment shall be considered in the same manner as an original application.
Section 9. Subsection A and B of Section 17.72.070 of the Central Point Municipal Code is
amended to read:
17.72.070 Expiration.
A. A site plan approval shall lapse and become void one year following the date on which it
became effective unless, ,
, ef tR410ss prior to the expiration of one year, a building
permit is issued by the building inspector and construction is commenced and diligently
pursued toward completion. The community development director ,
may extend the site plan approval for an additional period of one year, subject to the
requirements of Chapter 17.05. Seetieff 17.7
B. If an established the time limit for development expired and no extension has been granted,
the site plan approval shall be void. (Ord. 1.684 §70, 1993).
Section 10. Subsections Sand C of Section 17.76.060 of the Central Point Municipal Code is
amended to read:
17.76.060. Expiration.
B. Thecommunity development director may extend the conditional
use permit for an additional period of one year, subject to the requirements of Chapter 17.05.
$estie�
1040.
C. If an established the time limit for development expired and no extension has been granted,
the conditional use permit shall be void. (Ord. 1684 §73, 1993; Ord. 1436 §2(part), 1981).
Section 11. Section 16. 10.010 of, the Central Point Municipal Code is amended to read:
16.10.010 Submission of application --Filing fee.
.The applicant shall submit an application and tentative plan together with improvement plans
and other supplementary material as may be required to indicate the development plan and shall
submit ten copies to the city together with a filing fee defined in the city's adopted planning
application fee schedule. The diagrams submitted shall consist of tm three copies at the scale
specified in Section 16.10.020 and one copy in an eight -and -one -half-inch by eleven -inch ;
format_ (Ord. 1786 §4,'1998,- Ord. 1684 §6, 1993; Ord. 1650(part), 1990).
Section 12: Section 16.10.080 of the Central Point Municipal Code is amended to read:
16.10.080 Tentative plan approval.
A. Approval of the tentative plan shall not constitute final acceptance of the final plat of the
proposed subdivision or partition for recording; however, approval of the tentative plan shall be
binding upon city for the purpose of the approval of the final plat if the final plat is in
4 -Ordinance No. L
substantial compliance with the tentative plan and any conditions of approval thereof. The
ae4ion efthe R in approving the tentafive plan shall be noted on two eepies thereof,
shall be r-etumed t the applieaa4 and the other- r-etained in the eity.files
. (Ord. `1650(part), 1990). A tentative plan
approval shall expire and become void one year from the date on which it was issued
unless the final plat has been approved pursuant to Chapter 16.12 or an application for
extension is filed and approved subject to the requirements of Sections 16.10.100 and
Chapter 17.05.
B When it is the intent to develop a tentative plan and record a final platin phases, the
city, at the time of tentative plan approval, may authorize a time schedule for platting the
various phases in periods exceeding one year, but in no case shall the total time period for
platting all phases be greater than five years without review of the tentative plan for
compliance with the current code and comprehensive plan. Each phase so platted shall
conform to the applicable requirements of this chapter. Phases platted after the passage,
of one year from approval of the tentative plan will be,required-to modify the tentative
plana as necessary to avoid conflicts with changes in the comprehensive plan or this
chapter.
Section 13. The following Section 16.10.100 is added to the Central Point Municipal Code:
16.10.100 Extension
A. The community development director shall, upon written request by the applicant and
payment of the required fee, grant a written one year extension of the. approval period
provided- that:
L No changes are made to the original plan application as approved by the City;
2. There have been no.changes in the Code or Comprehensive Plan provisions on
which the approval wa&based. In the case where the plan conflicts with a code
or plan change, the extension shall be either:
a. Denied; or
b. At the discretion of the community development director re-reviewed "'as a
modification per' Section 17.09.300,
3. The extension request is made before expiration of the original approved plan.
B. If the time limit expired and no extension has been granted, the tentative plan shall be
void.
Section 14. Section 16.12.010 of the Central Point Municipal:Code is amended to read:
5`— Ordinance No.. j 4
16.12.010 Submission --Procedure.
Within one year after approval of the tentative plan, the applicant shall cause the subdivision to
be surveyed and a final plat prepared and approved in conformance with the approved
tentative plan. as appfe�4 The applicant shall submit the final plat as required by state law
and this title, Wa three prints thereof, one eight -and -one -half-inch by eleven -inch reduction
thereof, and any supplementary information, including any proposed separate document
imposing further land use restrictions in the area. (Ord. 1684 §8, 1993; Ord. 1650(part),
1990).
Section 15. Section 16.12.060 of the Central Point Municipal Code is amended to read:
16.12.060 Final plat approval.
A. Review and approval or denial of final plats shall be made by city staff. unless stag, in its
. 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 or effect an acceptance
for maintenance responsibility of any street or easement or way shown on the final plat.
..
NOW
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PASSED by the City Council and signed by me in authentication of its passage this AiNy of
2010.
mayor Williams
ATTES
City Representative
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Approved by me this day ofdayenjQ�,2010.
Mayor Hank Williams
6 — Ordinance No. \ (kLk I_