HomeMy WebLinkAboutOrdinances 2041 ORDINANCE NO. -Z Li '
AN ORDINANCE AMENDING CPMC CHAPTER 17.05.300 (C); 17.05.300 (E) AND
17.05.400 (C),TO INCREASE THE PUBLIC NOTIFICATION REQUIREMENTS FOR
TYPE II AND TYPE III LAND USE APPLICATIONS
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. At a joint study session on August 14, 2017, the Central Point City Council
and the City Planning Commission discussed ways to improve citizen
involvement in the planning process. As a consequence, the Community
Development Department initiated an ordinance amending Chapter 17.05.
C. On November 7, 2017, the City Planning Commission held a properly
advertised public hearing; reviewed the Staff Report; heard testimony and
comments, and recommended approval of the Municipal Code Amendment
to the City Council.
D. On November 9, 2017, the City of Central Point City Council held a properly
advertised public hearing; reviewed the Staff Report; heard testimony and
comments, and deliberated on approval of the Municipal Code Amendment.
E. Words tined-through-h are to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Section 17.05.300(C) Notice of Application for Type II
Decision expanding the landowner notification requirement from 100-ft to 250-ft from the
exterior boundaries of the project site; and, increasing the agency notification requirement
for roadway or railway impacts consistent with landowner notification.
Title 17
Zoning
17.05.300 Type II procedure.
City Council Ordinance No. (1 /14/2017)
C. Notice of Application for Type II Decision.
1. No less than twenty days before the community development director makes a
decision, written notice of the application shall be mailed to all of the following:
a.Applicant;
b. Owners of record of the subject property;
c. Owners of record within a minimum of ene-two hundred fifty (250) feet of the
exterior boundaries of the site;
d.All city-recognized neighborhood groups or associations whose boundaries
include the site;
e.Any person who submits a written request to receive a notice; and
f. Any governmental agency that is entitled to notice under an intergovernmental
agreement entered into with the city. The city may notify other affected agencies.
The city shall notify the county or ODOT, and the rail authority, when there is a
proposed development abutting or within one-two hundred fifty (250) feet of
an affected transportation facility and allow the agency to review, comment on,
and suggest conditions of approval for the application.
2. The notice of application shall include:
a. The street address or other easily understood reference to the site;
b. The relevant approval criteria by name and number of code sections;
c. The place, date and time the comments are due, and the person to whom the
comments should be addressed;
d. A description of the proposal and identification of the specific permits or
approvals requested;
e. A statement of the issues that may provide the basis for an appeal to the Land
Use Board of Appeals must be raised in writing and with sufficient specificity to
enable the decision maker to respond to the issue;
f. The name and phone number of a city contact person;
City Council Ordinance No. (12/14/2017)
g. A brief summary of the local decision making process for the decision being
made;
h. A statement that all evidence relied upon by the community development
director or designee to make this decision is in the public record, available for
public review. Copies of this evidence may be obtained at a reasonable cost from
the city;
i. A statement that, after the comment period closes, the community development
director or designee shall issue a Type II administrative decision, and that the
decision shall be mailed to the applicant and to anyone else who submitted
written comments or who is otherwise legally entitled to notice; and
j. Contain the following notice:
Notice to mortgagee, lien holder, vendor, or seller: The City of Central Point Land
Development Code requires that if you receive this notice it shall be promptly
forwarded to the purchaser.
3. The notice shall allow a fourteen-day period for the submission of written
comments, starting from the date of mailing. All comments must be received by the
city by five p.m. on that fourteenth day.
D.Administrative Decision Requirements. The community development director or
designee shall make a Type II written decision addressing all of the relevant approval
criteria and standards. Based upon the criteria and standards, and the facts contained
within the record, the community development director or designee shall approve, approve
with conditions, or deny the requested permit or action.
E. Notice of Decision.
1. Within five days after the community development director or designee signs the
decision, a notice of decision shall be sent by mail to:
a. The applicant and all owners or contract purchasers of record of the site that is
the subject of the application;
b. Any person who submitted a written request to receive notice, or provides
comments during the application review period;
City Council Ordinance No.����(12/14/2017)
c.Any city-recognized neighborhood group or association whose boundaries
include the site;
d.Any governmental agency that is entitled to notice under an intergovernmental
agreement entered into with the city, and other agencies that were notified or
provided comments during the application review period; and
e. Property owners located within en-e two, hundred fifty (2501 feet of the
exterior boundaries of the subject property.
2. The community development director or designee shall cause an affidavit of
mailing the notice to be prepared and made a part of the file. The affidavit shall show
the date the notice was mailed and shall demonstrate that the notice was mailed to
the parties above and was mailed within the time required by law.
3. The Type II notice of decision shall contain:
a.A description of the applicant's proposal and the city's decision on the proposal
(i.e., may be a summary);
b. The address or other geographic description of the property proposed for
development, including a map of the property in relation to the surrounding area,
where applicable;
c. A statement of where a copy of the city's decision, and the complete planning
file may be reviewed and the name and contact number of the city staff to contact
about reviewing the file;
d. The date the decision shall become final, unless appealed;
e.A statement that only the applicant and persons who submitted comments
prior to the comment deadline may appeal the decision; and
f. A statement briefly explaining how to file an appeal, the deadline for filing an
appeal, and where to obtain further information concerning the appeal process.
SECTION 2. Amendments to CPMC 17.05.400(C) Notification Requirements increasing
landowner and agency notification requirements from 100-ft to 250-ft, and adding the
requirement to post on-site notice of public hearing for Type III land use actions.
17.05.400 Type III procedure.
City Council Ordinance No?4I(12/14/2017)
C. Notification Requirements.
1. Mailed Notice. The city shall mail the notice of the Type III hearing. Notice of a Type
III hearing shall be given by the community development director or designee in the
following manner:
a. At least twenty days before the hearing date, or if two or more hearings are
allowed, ten days before the first hearing, notice shall be mailed to:
i. The applicant and all owners or contract purchasers of record of the
property on the most recent property tax assessment roll that is the subject
of the application;
ii. All property owners of record on the most recent property tax assessment
roll within one-two hundred fifty (250) feet of the site, including tenants of
a mobile home or manufactured dwelling park;
iii.Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The city may notify
other affected agencies. The city shall notify the county road authority, or
ODOT, and rail authority for when there is a proposed development
abutting or within two hundred fifty (250) feet of an affected
applications that arc abutting or affecting their transportation facility and
allow the agency to review, comment on, and suggest conditions of approval
for the application;
iv. Owners of airports in the vicinity shall be notified of a proposed zone
change in accordance with ORS 227.175;
v.Any neighborhood or community organization recognized by the city
council and whose boundaries include the property proposed for
development;
vi. Any person who submits a written request to receive notice;
vii.At the applicant's discretion, notice may also be provided to the
Department of Land Conservation and Development.
City Council Ordinance No. k12 /14/2017)
s e •■ • e. e e e • ■ - • . :. . • . .2.
the date that the notice was mailed to the persons who were sent notice.
Content of Notice. Notice of a Type III hearing shall be mailed per this
subsection C and shall contain the following information:
ai.An explanation of the nature of the application and the proposed land use
or uses that could be authorized for the property;
The applicable criteria and standards from the zoning and subdivision
code and comprehensive plan that apply to the application;
eiii. The street address or other easily understood geographical reference to
the subject property;
4iv. The date, time, and location of the public hearing;
ev.A statement that the failure to raise an issue in person, or in writing at
the hearing, or failure to provide statements or evidence sufficient to afford
the decision-maker an opportunity to respond to the issue prior to the close
of the final hearing means that an appeal based on that issue cannot be
raised at the State Land Use Board of Appeals;
€vi. The name of a city representative to contact and the telephone number
and email address where additional information on the application may be
obtained;
gvii.A statement that a copy of the application, all documents and evidence
submitted by or for the applicant, and the applicable criteria and standards
can be reviewed at the city of Central Point City Hall at no cost and that
copies shall be provided at a reasonable cost;
hviii. A statement that a copy of the city's staff report and recommendation
to the hearings body shall be available for review at no cost at least seven
days before the hearing, and that a copy shall be provided on request at a
reasonable cost;
tix. A general explanation of the requirements to submit testimony, and the
procedure for conducting public hearings; and
City Council Ordinance No5:264 412/14/2017)
}x. The following notice:
Notice to mortgagee, lien holder, vendor, or seller: The City of Central
Point Land Development Code requires that if you receive this notice it
shall be promptly forwarded to the purchaser.
bc. The community development director or designee shall .prepare an affidavit
of notice and the affidavit shall bemade_a-part_ofthe file,The_affidavit shall slate
the date that the notice_was mailed to the persons who were sent notice,
2. On-Site Posting. Public notice signs shall be posted on the project site
for any Type III land use action according to the following:
a. Contents of sign. Notice signs shall include a description of the
proposed land use action, the date of the public hearing,and the City of
Central Point file number for the proposed land use action.
b. Location and number of signs. A posted notice sign must be placed
on each existing street frontage of the project site. If a frontage is over
600-ft long, a notice is required for each 600-feet or fraction thereof.
Notice signs must be posted within 10-feet of a property line along the
street and must be visible to pedestrians and motorists. Notice signs
may not be posted in a public right-of-way unless the land use action
specifically pertains to a public right-of-way. If posting must occur in
the right-of-way, care should be taken to comply with Clear Vision Area
requirements as set forth in Section 17.60.120.
c. Sign posting schedule. The required sign(s) shall be posted not later
than 21-days prior to the first public hearing date of each body that
hears the application. Posted signs shall be removed within 10-days
following the final decision.
d. Affidavit of on-site posting. The Director or designee shall prepare
an affidavit of on-site notice posting and the affidavit shall be made
part of the file. The affidavit shall state the date that the notice was
posted, the number of notices posted and the name of the person(s)
who posted the notice.
SECTION 3. CODIFICATION. Provisions of this Ordinance shall be incorporated in the City
Code and the word Ordinance may be changed to "code", "article", "section", "chapter", or
City Council Ordinance Noab4i (12/14/2017)
other word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions need not be
codified and the City Recorder is authorized to correct any cross references and any
typographical errors.
SECTION 4. EFFECTIVE DATE. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this /1 da`y of
December 2017.
Mayor Hank Williams
ATTE :
/...1 eze '010'i _/
City Recorder
City Council Ordinance No k12/14/2017)