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HomeMy WebLinkAboutCAP082318 CITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, August 23, 2018 Mayor Hank Williams Ward I Bruce Dingler Ward II Michael Quilty Ward III Brandon Thueson Ward IV Taneea Browning At Large Rob Hernandez At Large Michael Parsons At Large Michael Parsons Next Res (1548) Ord (2046) I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda. Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The right to address the Council does not exempt the speaker from any potential liability for defamation. V. CONSENT AGENDA Approval of August 9, 2018 City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item and action requested. The presiding officer may limit testimony. A. 1029 : Public Hearing and Resolution No. _______, to Consider an annextion for 4632 North Pacific Highway comprising 0.17acres (File No. ANNEX-18002). The properties are identified on the Jackson County Assessors Map as 37S 2W 03BD, Tax Lot 400 (portion). Applicant: Shirley Malcolm. Agent: Neathamer Surveying, Inc. (Humphrey) B. Public Hearing and First Reading of an Ordinance to vacate 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad adjacent to tax lots 2900 and 3000 located on Jackson County Assessor’s map page 372W03DC. Applicant: Jackson County School District 6 (Humphrey) C. Public Hearing and First Reading of an Ordinance approving a minor zone map amendment from Residential Multifamily (R-3) to Tourist and Office Professional (C-4) on 0.43 acres located at 45, 63, and 77 Bigham Drive (37S2W02CD Tax Lot 600,700, and 1000). Applicant: Nelson Investment Enterprises, LLC (Holtey) D. Public Hearing and First Reading of an Ordinance Approving a Minor Zone Map Change on 2.0 acres from R-1-8 (Residential Single Family) to R-3 (Residential Multifamily. The property is located at 1849 Scenic Avenue and is identified on the Jackson County Assessor's Map as 37S 2W 03AB Tax Lot 4700. (Gindlesperger) E. Public Hearing and First Reading of an Ordinance to consider amendments to Section 17.65.050, Table 2 Zoning Regulations--TOD District; and CPMC 17.67.070(D)(3)(a)(i)--Residential Building Facades. Applicant: City of Central Point. (Holtey) VIII. MAYOR'S REPORT IX. CITY MANAGER'S REPORT X. COUNCIL REPORTS XI. DEPARTMENT REPORTS XII. EXECUTIVE SESSION - ORS 192.660 (2)(e) Real Property Transactions The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIII. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov. Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201 CITY OF CENTRAL POINT Oregon City Council Meeting Minutes Thursday, August 9, 2018 I. REGULAR MEETING CALLED TO ORDER The meeting was called to order at 7:00 PM by Mayor Hank Williams II. PLEDGE OF ALLEGIANCE III. SWEARING IN CEREMONY Mayor Williams swore in new At-Large Council Member Michael Parsons. IV. ROLL CALL Attendee Name Title Status Arrived Hank Williams Mayor Present Bruce Dingler Ward I Excused Michael Quilty Ward II Present Brandon Thueson Ward III Present Taneea Browning Ward IV Present Rob Hernandez At Large Present Michael Parsons At Large Present City Manager Chris Clayton; City Attorney Dan O'Conner; Police Chief Kris Allison; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. V. PUBLIC COMMENTS There were no public comments. VI. CONSENT AGENDA RESULT: APPROVED [UNANIMOUS] MOVER: Rob Hernandez, At Large SECONDER: Michael Quilty, Ward II AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler 1. Approval of July 19, 2018 City Council Minutes 2. Cancellation of September 27, 2018 Council Meeting City Manager Chris Clayton asked if any of the Council members had a conflict with attending the September 13, 2018. Council Member Michael Quilty stated that he will be out of town for the September 13th meeting. Packet Pg. 3 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 2 3. Approval of OLCC Application for Parkhurst Wine and Provisions Co VII. ORDINANCES, AND RESOLUTIONS 1. Second Reading Ordinance No. _______, an Ordinance to vacate a 6,145 square foot lot back to the developer (Applicant: City of Central Point) Parks and Public Works Director Matt Samitore explained that this is the second reading to vacate a small parcel of land back to the developer who owns the property immediately adjacent. The city received a small pocket park from the original developer of Snowy Butte station in 2003. It was going to be a “tot-lot” with a small playground and gazebo. The area around the property has primarily been built out as a senior living facility. The city also received a larger parcel that is planned for improvements in 2019-2021 to be incorporated into the City’s active park system, and will be mostly open space. The city has determined that the smaller pocket parks of less than 1 acre are difficult and expensive to maintain for little use by citizens. There will be no financial impact to the city other than lessening our future park maintenance obligations. Motion to approve Ordinance No. 2046, An Ordinance approving the vacation of open space located in Snowy Butte Station, Phase 2, Central Point, Oregon and Accepting Reservation of Easement to City. RESULT: APPROVED [UNANIMOUS] MOVER: Brandon Thueson, Ward III SECONDER: Michael Quilty, Ward II AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler 2. Resolution No. _________, Consideration of a resolution setting a public hearing and initiating proceedings to vacate 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad adjacent to tax lots 2900 and 3000 located on Jackson County Assessor’s map page 372W03DC. Applicant: Jackson County School District 6 Community Development Director Tom Humphrey stated that Jackson County School District #6 acquired the old Crater Iron property late last year with the intentions of turning it into a “Makers Space”. Buildings already on the property extend into undeveloped alley right-of-way parallel to the railroad tracks and the District would like the city to vacate this alley to eliminate land use conflicts. There have been several parts of this alley right-of-way that have been vacated to various property owners along this stretch of the railroad because the city had decided we Packet Pg. 4 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 3 have no use for it. We may need easement agreements with the School District for various purposes. At this time the City Council is merely considering whether or not to schedule a public hearing to consider the vacation. No other formal decision is necessary tonight. Staff is prepared to post the notices for a public hearing to be held on August 23, 2018. Motion to approve Resolution 1547, Setting a Public Hearing and Initiating Proceedings to Vacate an Unimproved Alley Right-of-Way Between Front Street and Central Oregon and Pacific Railroad for August 23, 2018. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Quilty, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler VIII. BUSINESS 1. Planning Commission Report Community Development Director Tom Humphrey presented the August 7, 2018 Planning Commission Report: A public hearing to consider a tentative plan for a 5 lot subdivision. The project site consists of 2.36 acres and is located in the Transit Oriented Development (TOD) District, Low Mix Residential (LMR) zone and is identified on the Jackson County Assessor’s map as 37 2W 03BD, Tax Lot 600. The applicant is Paul Miller. The property is located at 4618 North Pacific Highway and will be subdivided into 5 single family residential lots and a 1.6 acre remainder. The remainder is in the floodplain and may be considered at a later date. The Commission voted to approve the tentative plan with two conditions associated with the reserve acreage and complying with local agency requirements. A public hearing to consider a zone (map) change application from residential multifamily (R-3) to tourist and office professional (C-4) for 0.43 acres located at 45, 63, and 77 Bigham Drive. The zone change would bring property into compliance with the comprehensive plan land use map and to prepare the site for future development. The applicant has acquired several lots zoned both commercial and residential and has been working with the planning staff to redevelop the area between Freeman Road and Bigham Drive. The Commission considered the application in light of the Comprehensive Plan and the State’s Transpiration Planning Rule in recommending approval to the City Council. A public hearing to consider a minor zone (map) change application from Residential Single Family (R-1-6) to Residential Multifamily(R-3) on 2.0 acres located at 1849 Scenic Avenue. The commission considered this zone change to bring property into compliance with the comprehensive plan land use map and to evaluate the site for future residential development. The Housing Authority acquired a two acre tax lot adjacent to its Scenic Heights development and has been working with staff to expand their housing to the west. The commission Packet Pg. 5 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 4 considered the application in light of the Comprehensive Plan and the State’s Transportation Planning rule. A traffic analysis revealed a level of service deficiency at the Upton/Scenic intersection caused by existing traffic southbound on Upton and not by the expansion of Scenic Heights. Mitigation can be considered independent of the zone change. The Commission recommended approval of the zone change to the city Council but expressed their desire to have the Council and city staff investigate better traffic control at the intersection. A public hearing to consider amendments to the zoning and design standards in the TOD district in Sections 17.65.050, Table 2; and CPMC 17.60.070(D)(3)(a)(i). The purpose of the amendments is to correct setback standards that cause conflicts between structures and utility easements and building design standards; and to increase the maximum attached garage width for the front residential building façade. Local developers and contractors have brought the three issues to staff’s attention in the hope that code amendments will result in a reasonable solution to existing conflicts between planning, building and utility standards. The Commission recommended approval of the amendments to the City Council. 2. 2018 Run 4 Freedom Donation Request Parks and Public Works Director Matt Samitore presented the Run 4 Freedom report. The event was an outstanding success. The City had more runners in all races this year than in past years. To help with the event we had volunteers from three Crater High School youth organizations, The Cross Country Team, Cheer leading, and Football Team. The event made approximately $3,085 from the various runs. Each year we donate the funds for the volunteer organizations that help with the event. Staff is recommending donations of $1,000 to each of the three groups for their assistance. Motion to approve donation of $1,000 to the Crater Cross Country Team, Cheer leading Team, and Crater Football Team. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Quilty, Ward II SECONDER: Michael Parsons, At Large AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler 3. Snowy Butte Station Transportation System Development Charge Update Parks and Public Works Director Matt Samitore explained that the city entered into three SDC agreements with Chris Galpin in 2005/2006 regarding SDC credits for Parks, Streets, and Storm Drain infrastructure. A supplemental budget item can be created to refund the storm drain credits with an estimated total of less than $10,000. The Parks SDC credits expired in 2015. In reviewing the Street credits, it has been determined that there are two types of credits that were initially available to the developer. There was never a formal request to use the remaining street credits. He explained the history of the project and the possible reasons the credits were never used. In reviewing all potentially Packet Pg. 6 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 5 eligible projects, there were 28 townhouses that would have been eligible for a maximum credit/refund amount of $100,828.00. The City can budget for payment of the unused Street and Storm Drain SDC credits as part of a 2019 supplemental budget. After having outside counsel review this issue it has been determined that the city should refund at least part of the remaining amount to the developer. Staff recommends issuing a refund of 50% because they did build the development even though they did not make a formal request for the credits. Moved to refund $50,414 to the developer for the unused SDC’s. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Parsons, At Large SECONDER: Brandon Thueson, Ward III AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler 4. Authorization for the City Manager/Building Official to Award the 2018 City Hall Roof Replacement Project Bid. City Manager Chris Clayton explained that the existing roof for city hall and council chamber buildings is approaching fifteen years of life and has numerous leaks and repairs over the last few years. The city received three bids for the 2018 City Hall Roof Replacement Project, which ranged from $43,350 to $141,080. The 2017- 2019 Internal Services Fund includes budget appropriation for facilities maintenance and as of May 2018 there was a remaining balance of $93,570. The recommended bid of $43,350 would be appropriated from the existing internal services/facilities maintenance capital line item . There are no planned facilities maintenance for the remainder of this budget cycle. Motion to accept the Pressure Point Roofing Inc., bid for the 2018 City Hall Roof Replacement project. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Quilty, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler 5. Mon Desir Gazebo Mr. Samitore reminded the Council of the history involved with the Mon Desir Gazebo. It was gifted to the City after a fire destroyed the historic building in 2011. At that time the city agreed to place the gazebo in Skyrman Arboretum. The decision being that the gazebo is composed of thin metal and therefore would not hold up to the level of use that we typically see in a busier park. Packet Pg. 7 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 6 There has been extensive discussion on social media regarding the future of the gazebo and why it has not been placed in Don Jones Memorial Park yet. The Point Restaurant is willing to accept the gazebo for use on their back patio if the city agrees to move forward with a new roof and associated plaque. Staff estimates it would cost between $1,000 to $1,500 for the new roof and historical plaque. Council was in favor of donating the Mon Desir Gazebo with a new roof and plaque to The Point Restaurant with an indemnification agreement. IX. MAYOR'S REPORT Mayor Williams reported that: He attended the Oregon Mayor's Conference in Florence. Next year the conference will be held in Medford. He attended a Medford Water Commission meeting. SOREDI is still trying to get all the Mayors in Jackson and Josephine Counties to work together on several projects. X. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: The Management Team is trying to decide when we should cancel city sponsored events because of poor air quality. He has reached out to the City of Medford for their guidelines and will work on a policy to bring back for Council approval. There will be a meeting tomorrow to talk with Jackson County regarding RVTD issues. This week Jackson County Commissioners decided to fund their portion of the Continuum of Care through ACCESS. He will bring forward a request to the Council to pay for the City of Central Point portion. The City will bring the new Personnel Manual to the Council in October for approval. He met with Larry Martin to discuss the next steps in the UGB Expansion. XI. COUNCIL REPORTS Council Member Mike Quilty reported that he attended an RVMPO meeting where they talked about the service transportation program with the Transit Districts; the responsibility for air quality may fall on the four cities in the valley to try and fix. He also attended an Oregon MPO meeting in Eugene. Council Member Taneea Browning reported that she attended the Fire District No. 3 public meeting regarding their new station on Scenic, and she attended the Country Crossings Festival and was pleased with the security measures they took this year. Council Member Mike Parsons reported that he: Packet Pg. 8 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 7 Attended the Rec and Go event at Twin Creeks Park, this is going to be a great program. The Meadows held a neighbors helping neighbors event to help with ADA issues and landscaping. It was a great community event. He attended the Makers Space introduction last weekend and was blown away by the opportunities that will be available through this program. He will be attending the D.A.R.E. Show and Shine on Saturday. XII. DEPARTMENT REPORTS Community Development Director Tom Humphrey stated that there will be an article in the next City Newsletter regarding the development projects in town. Police Chief Kris Allison reported that: Social Media is reporting a cougar sighting on Rachel Drive over the last couple of days. They have not contacted our Police Department so we cannot verify that there was actually a cougar in town. She will be working on ordinances to help with fire suppression. We will be bringing forward for Council review a couple of options regarding tilling the ground or using a disc for property larger than three acres. They will work with Fire District No. 3 on these ordinances. She was in Portland yesterday to meet with the Director of the FBI in regards to local police. They talked about community and cooperation. She has been talking with the State District Attorney and trying to get them to have a regional meeting down here in regards to marijuana issues. They are looking at joining a DEA Task force to help with the influx of drugs in the area. The August Study Session will be to introduce the new K-9 to the Council. Her name is Sage. She will be heading to Salem tomorrow for the graduation of our newest Police Officers. Last week our Explorers completed their law enforcement challenge in Warrington Oregon. The D.A.R.E. Show and Shine is this Saturday, with the cruise on Pine Street in the evening. We are looking forward to using the new sound system downtown for this event. The organizers of Country Crossings did a great job this year. They did everything we asked in regards to security and the event went very smooth from the Central Point Police perspective. Packet Pg. 9 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes August 9, 2018 Page 8 City Attorney Dan O’Conner reported that he had a nice conversation with Collin Grant regarding his concerns about Marijuana growing outside the city limits. These grows are outside the city limits of Central Point and we do not have any jurisdictions to enforce our municipal code restrictions. If Council receives phone calls or emails from citizens regarding this issue please forward them to the City Attorney’s office. Motion to: Authorization to close a portion of Pine Street for the Dair Cruise on August 11, 2018. Parks and Public Works Director Matt Samitore reported that: The department inadvertently forgot to do a formal request to close Pine Street for the D.A.R.E. Cruise from 4:00 p.m. to 9:00 p.m. on Saturday night. He asked for a motion to allow them to close the street for the cruise. We should see work being done on the Twin Creeks Rail crossing next week. We are still hoping to get the project complete before the end of the year. Motion to allow the closer of a portion of Pine Street on August 11, 2018 from 4:00 p.m. to 9:00 p.m. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Quilty, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Quilty, Thueson, Browning, Hernandez, Parsons EXCUSED: Bruce Dingler XIII. ADJOURNMENT The foregoing minutes of the August 9, 2018, Council meeting were approved by the City Council at its meeting of August 20, 2018. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder Packet Pg. 10 Minutes Acceptance: Minutes of Aug 9, 2018 7:00 PM (CONSENT AGENDA) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Tom Humphrey, Community Development Director MEETING DATE: August 23, 2018 SUBJECT: Public Hearing to Consider a request to annex 4632 North Pacific Highway comprising 0.17acres (File No. ANNEX-18002). The properties are identified on the Jackson County Assessors Map as 37S 2W 03BD, Tax Lot 400 (portion). Applicant: Shirley Malcolm. Agent: Neathamer Surveying, Inc. ACTION REQUIRED: Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: The applicant has agreed to bring a portion of her property into the City in order for a public street known as Cascade Drive to be completed as part of an adjacent residential subdivision. Completion of the street improves existing access to the Malcolm property and is a benefit to the City and adjoining property owners. ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of land and a majority of electors consent. CPMC 1.20 vests the City Council with the authority to order the annexation of unincorporated territory in the Urban Growth Boundary into the City of Central Point. The property in question is identified in Attachment “A”. This annexation is a ‘full consent annexation’ since the property owner has consented in writing to the annexation. Annexation Criteria: 1. Written Consents: The application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation territory. The owner has signed the petition which is evidence of written consent to annexation (Attachment B). Accordingly, pursuant to ORS 222.125 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing or election. 2. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for annexation must be contiguous to the City or separated from it only by a public right-of-way or a stream, lake or other body of water. The subject annexation area is contiguous to Central Point to the north, east and south. 7.A Packet Pg. 11 3. Within Urban Growth Boundary (UGB): The annexation territory is within the Urban Growth Boundary of Central Point and is in compliance with the City-County Urban Growth Boundary and Policy Agreement of September 1984 and amended in 1998 and again in 2015. 4. Orderly Provision of Public Facilities: The City-County Urban Growth Boundary and Policy Agreement requires that, in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan within the annexation area prior to or concurrent with the development. Public Works and Rogue Valley Sewer Services have reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site (refer to Attachment “C”). Any future enhancements of these facilities made necessary by the expansion of the annexation area will be the responsibility of the property owner and regulated through the City’s land use application process. This will result in an orderly provision of public facilities to the annexation area. 5. Duly noticed and advertised notice of public hearing: Pursuant to ORS 222.120 notice of the hearing was published for the City Council meeting on August 14, 2018, in the Mail Tribune newspaper and notice was posted in four (4) public locations including the site itself. In addition, on August 13, 2018 notice was mailed to each property owner of record within 250 feet of the proposed annexation. FINANCIAL ANALYSIS: Financial impact to the City is limited to staff in-kind expenses which are recovered with planning- related service fees. The fiscal impact to the Public Works Department involves the waiver of fees in exchange for complete public right-of-way and the ability to extend infrastructure to a public park. LEGAL ANALYSIS: The primary issue associated with this annexation involved the coordination and dedication of this property owner’s land in order to establish full right-of-way and complete a public street that is part of two other residential developments. Public ownership of the entire street right-of-way also ensures the City’s ability to expand infrastructure such as water and sewer in the vicinity. As stated previously, ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of land and a majority of electors consent. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Managed Growth and Infrastructure, Goal 4; Continually ensure that planning and zoning review and regulations are consistent with comprehensive plans and vision. STAFF RECOMMENDATION: Open public hearing and consider the request to annex approximately 0.17 acres located at 37S 7.A Packet Pg. 12 2W 03BD Tax Lot 400 (portion), close the public hearing and 1) approve the resolution for annexation; 2) approve the resolution with revisions; or 3) don’t approve the resolution and deny the application. RECOMMENDED MOTION: Approve the Resolution for Annexation (File No. ANNEX-18002) per the Staff Report dated August 23, 2018. ATTACHMENTS: 1. Malcolm Annexation Map 2. Malcolm Annexation Petition 3. 4632 N Pacific Hwy Sewer 4. Malcolm Annexation Resolution 5. Malcolm Annexation Exhibit A 6. Malcolm Annexation Exhibit B 7.A Packet Pg. 13 7.A.a Packet Pg. 14 Attachment: Malcolm Annexation Map (1029 : Malcolm Annexation) 7.A.b Packet Pg. 15 Attachment: Malcolm Annexation Petition (1029 : Malcolm Annexation) ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! !!! !!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!! !!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! !!!!!!!!!!!! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!! !!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!! !!!!!!!!!!!!!!!!! !!!!!!!!! !!! !!! !!!!!!!!!!!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!! MARIAN AVE R O G U E V A L L E Y H W 9 9 SAGE LNAPPLE ALLEY UPUR ALLEY BROOKHAVEN DR CASCADE DR B O U L D E R RID G E S T PECAN LNPEAR LNCURRY LN/Legend !!RVSSSewerLines 7.A.c Packet Pg. 16 Attachment: 4632 N Pacific Hwy Sewer (1029 : Malcolm Annexation) Resolution No. ____________ RESOLUTION NO.____________ A RESOLUTION ANNEXING 0.17 ACRES, LOCATED AT 4632 NORTH PACIFIC HIGHWAY (N. FRONT STREET) AND IDENTIFIED ON THE JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 03BD, TAX LOT 400. APPLICANT: SHIRLEY ANN MALCOLM, TRUSTEE OF THE MALCOLM FAMILY TRUST RECITALS: A. Shirley A. Malcolm, Trustee of the Malcolm Family Trust owns one tax lot at 4632 North Pacific Highway (N. Front Street), and generally described by Exhibit “A”, which is located outside Central Point city limits, but within the City’s Urban Growth Boundary. The Central Point City Council (the Council) is authorized under ORS 222.120 to hold a public hearing for annexation proceedings without an election for annexation. B. The City noticed a hearing before the Council to be published once each week for two successive weeks prior to the day of the hearing in the Mail Tribune, and caused notices of the hearing to be posted in four public places in the city for a like period. C. On August 23, 2018 the Council conducted a duly noticed public hearing on the annexation application, at which time it reviewed the City staff report, heard testimony and comments on the application to annex 0.17 acres (7,529 SF) specifically described in attached Exhibits “A” Written Description and Exhibit “B” Annexation Depiction Map. D. This annexation is a full consent annexation as Shirley Malcolm as Trustee of the Malcolm Family Trust has consented to the annexation. Pursuant to the provisions of ORS 222.125, upon receiving a consent to annexation by owners and electors the Council may by resolution set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. The City of Central Point resolves as follows: Section 1: The property at 4632 North Pacific Highway (N. Front Street), described in the above recitals and set forth in attached Exhibits “A” and “B” is hereby proclaimed annexed into the corporate boundaries of the City. Section 2: The City Recorder, or designee, will transmit a copy of this resolution to the Oregon Secretary of State, along with a copy of the owner’s consent. Section 3: This annexation will be effective upon filing a copy of this Resolution with the Oregon Secretary of State pursuant to ORS 222.177 and 222.180. Passed by the Council and signed by me in authentication of its passage this ____ day of ____________, 2018. _____________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.A.d Packet Pg. 17 Attachment: Malcolm Annexation Resolution (1029 : Malcolm Annexation) 7.A.e Packet Pg. 18 Attachment: Malcolm Annexation Exhibit A (1029 : Malcolm Annexation) 7.A.f Packet Pg. 19 Attachment: Malcolm Annexation Exhibit B (1029 : Malcolm Annexation) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Tom Humphrey, Community Development Director MEETING DATE: August 23, 2018 SUBJECT: Public Hearing and First Reading of an Ordinance to vacate 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad adjacent to tax lots 2900 and 3000 located on Jackson County Assessor’s map page 372W03DC. Applicant: Jackson County School District 6 ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: Jackson County School District #6 acquired the old Crater Iron property late last year with intentions of turning it into a “Makers Space”. Buildings on the property extend into undeveloped alley right-of-way parallel to the railroad tracks and the District would like the City to vacate this alley right-of-way to eliminate land use conflicts. Historic maps of this area show that the majority of this alley right-of-way (south of the Crater Iron property to the wine tasting building) was vacated about the time that Highway 99 was constructed. Another segment of the alley right-of-way was vacated in 2010 when the City Council concluded that the alley right-of-way south of the wine tasting building had no real utility. The area to be vacated now is an area (alley) approximately 18’ by 400’ that was originally part of the Oak Park Addition. Since the alley right-of-way was a part of the addition, it would be vacated in its entirety to tax lots 2900 and 3000 as located on Jackson County Assessor’s map 372W03DC. ORS 271.080 states that “whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a petition therefor setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation.” The School District has submitted a petition in accordance with the ORS requirements. Additionally, “there shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two- thirds in area of the real property affected thereby.” The School District petition includes written consent from two property owners in the immediate vicinity. The California and Pacific Railroad was informed of the petition and has said there should be no issues from the railroad as long as 7.B Packet Pg. 20 nothing moves onto railroad property. According to ORS 271.120, “at the time fixed by the governing body for hearing the petition and any objections filed thereto … the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof”. “If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. In response to the findings the Council must make; 1) the consent of the School District has been obtained in accordance with ORS requirements, 2) notification has been given by way of direct mail to property owners, newspaper publication and on-site postings and 3) public interest will be determined during the course of the public hearing. Planning Staff received comments from various agencies and utilities to which notice was sent. AVISTA facilities are located in the Front Street right of way and not in the alley being considered for vacation. CenturyLink (CTL) has buried cable in the vicinity but has not identified the specific location. In past vacation proceedings the City has agreed to require easements and reserve access to utilities as part of an ordinance action. The City will rely on the utilities that have been notified to verify whether or not an easement(s) should be reserved. FINANCIAL ANALYSIS: Financial impact to the City is limited to staff in-kind expenses which are recovered with planning- related service fees. LEGAL ANALYSIS: The primary issues to be considered and discussed at the meeting will be related to ORS 271.080 to 150. 1. The tangible submission and adequacy of a petition requesting that the City of Central Point vacate all or part of an unimproved alley right-of-way adjacent to the applicant’s property. 2. The adequacy of the public notice given for the vacation hearing. 3. Whether the public interest and that of affected utilities have been considered in the course of the public hearing and subsequent determination. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Managed Growth and Infrastructure, Goal 4; Continually ensure that planning and zoning review and regulations are consistent with comprehensive plans and vision. 7.B Packet Pg. 21 STAFF RECOMMENDATION: Consider the request to vacate approximately 400 feet of undeveloped alley right-of-way consisting of 0.19 acres located at 37S 2W 03DC Tax Lots 2900 and 3000 and 1) approve the ordinance to vacate; 2) approve with reservations for utility easements or 3) don’t approve the ordinance and deny the petition. RECOMMENDED MOTION: Move to Second Reading the Ordinance to vacate 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad. ATTACHMENTS: 1. ATTACHMENT A - Application/Petition to Vacate Alley Right-of-Way 2. ATTACHMENT B - Graphic Illustration of the subject property 3. ATTACHMENT C - Legal Descriptions 4. VACATION ORDINANCE 8-23-2018 7.B Packet Pg. 22 7.B.a Packet Pg. 23 Attachment: ATTACHMENT A - Application/Petition to Vacate Alley Right-of-Way (1030 : School District Alley Vacation) 7.B.b Packet Pg. 24 Attachment: ATTACHMENT B - Graphic Illustration of the subject property (1030 : School District Alley Vacation) 7.B.c Packet Pg. 25 Attachment: ATTACHMENT C - Legal Descriptions (1030 : School District Alley Vacation) 7.B.c Packet Pg. 26 Attachment: ATTACHMENT C - Legal Descriptions (1030 : School District Alley Vacation) ATTACHMENT “D” ORDINANCE NO. _______ AN ORDINANCE VACATING APPROXIMATELY 400 FEET OF UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED BETWEEN FRONT STREET AND THE CENTRAL OREGON AND PACIFIC RAILROAD ADJACENT TO TAX LOTS 2900 AND 3000 LOCATED ON JACKSON COUNTY ASSESSOR’S MAP PAGE 372W03DC. Applicant: Jackson County School District 6 Recitals: A. In accordance with CPMC Chapter 12.28 and Oregon Revised Statute (ORS) Chapter 271.090 and 100 the Central Point City Council accepted a petition (Right of Way Vacation Application) from Jackson County School District 6 and approved Resolution 1547 fixing a time for a formal hearing upon the petition. B. Upon receipt of the petition the City distributed a request for comment to public agencies and utilities that might be affected by the proposed vacation. C. In accordance with CPMC Chapter 12.28 Street and Alley Vacations and ORS Chapter 271.110 and 120 Notice of Hearing, the City initiated the vacation process and conducted the following duly advertised public meetings/ hearings: 1) City Council consideration of petition on August 9, 2018 2) City Council hearing on August 23, 2018. D. In accordance with ORS 271.120, “at the time fixed by the governing body for hearing the petition and any objections filed thereto”, the City Council determined whether the consent of the owners of the requisite area was obtained, whether notice was duly given and whether the public interest would be prejudiced by the vacation. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the Staff Report, Findings of Fact and evidence which are incorporated herein by reference; determines that the public interest is not prejudiced; that changing community conditions and needs justify the vacation and hereby adopts this ordinance to vacate approximately 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad adjacent to Tax Lots 2900 and 3000 located on Jackson County Assessor’s Map Page 372W03DC (the “vacated property”) The vacated property is more fully described in Exhibit “A” incorporated herein by reference. Section 2. The vacated property shall be conveyed to the abutting property owner by quit claim deed, a copy of which is attached hereto and made a part hereof as Exhibit “B.” Conveyance shall be subject to the conditions set forth in this ordinance and applicable law. Section 3. The City Manager is directed to record certified true copies of this ordinance in the office of the County Clerk of Jackson County, Oregon, and with the County Assessor and County Surveyor of Jackson County, Oregon. The petitioner for such vacation shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. Section 4. For purposes of transfer of ownership of the property covered by the vacation, this Ordinance shall be effective upon completion of the conditions provided herein. 7.B.d Packet Pg. 27 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation) ATTACHMENT “D” Passed by the Council and signed by me in authentication of its passage this ___ day of ____________, 2018. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.B.d Packet Pg. 28 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation) ATTACHMENT “D” EXHIBIT “A” LEGAL DESCRIPTION 7.B.d Packet Pg. 29 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation) ATTACHMENT “D” EXHIBIT “B” Recording Requested By: City of Central Point 140 S. Third Street Central Point, OR 97502 When Recorded Mail To: City of Central Point 140 S. Third Street Central Point, OR 97502 Mail Tax Statements To: OWNER AS PER COUNTY RECORDS AT TAX ASSESSORS OFFICE (This Space for Recorder=s Use) VACATION QUIT CLAIM DEED City of Central Point, an Oregon municipal corporation, Grantor, releases and quitclaims to Jackson County School District , Grantee, all right, title and interest in and to the real property described below, which real property was vacated, closed and abandoned by Ordinance No. _____________________ passed and approved by the City Council of the City of Central Point, Oregon on ___________________, 2018. See Exhibit “A” hereto. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR 7.B.d Packet Pg. 30 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation) ATTACHMENT “D” PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is other consideration, consisting of conveyance by Grantee to Grantor of certain easements pertaining to the subject real property granted to Grantor of even date. Dated this ____day of _______________, 2018. City of Central Point By: STATE OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on____________________, 2018, by the City of Central Point, Oregon, acting by and through ________________________________, its _________________________________. Notary Public for Oregon My Commission Expires: 7.B.d Packet Pg. 31 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Stephanie Holtey, Principal Planner MEETING DATE: August 23, 2018 SUBJECT: Public Hearing and First Reading of an Ordinance approving a minor zone map amendment from Residential Multifamily (R-3) to Tourist and Office Professional (C-4) on 0.43 acres located at 45, 63, and 77 Bigham Drive (37S2W02CD Tax Lot 600,700, and 1000). Applicant: Nelson Investment Enterprises, LLC ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: The applicant has requested a minor zone map change from R-3 (Residential Multifamily) to C-4 (Tourist and Office Professional) with the intent of redeveloping the site as part of a professional office project. The proposed zone map amendment would affect three (3) parcels on Bigham Drive totaling 0.43 acres. The properties are currently occupied with two (2) single family homes that are legally non-conforming to the existing R-3 housing type and minimum density standard. The proposed zone change would accommodate redevelopment of the properties with commercial uses consistent with the applicant’s objective and the Employment Commercial land use designation per the Comprehensive Plan Land Use Map. The Planning Commission conducted a public hearing at its regular meeting in August to consider the proposal and unanimously recommended City Council approval (Attachment “A”). In making its determination, the Planning Commission considered the proposed zone change’s compliance with CPMC 17.10, Zoning Map and Text Amendments as follows: 1. Central Point Comprehensive Plan. The proposed zone map amendment to C-4 is consistent with the Employment Commercial Land Use Designation per the Comprehensive Plan Land Use Map and Land Use Element. 2. Availability of adequate public facilities and services. The project site is served with existing water, sewer, and storm drainage facilities. Any necessary future infrastructure upgrades will be a function of development per the City’s requirements for public services and streets. 7.C Packet Pg. 32 3. Transportation Planning Rule (OAR 660-012-0060). A Traffic Impact Analysis (TIA) was prepared by Southern Oregon Traffic Engineering, LLC on March 16, 2018 to evaluate the impacts of the proposed zone map amendment on the functional classification and capacity of existing and planned infrastructure. The City’s Level of Service (LOS) standards evaluate performance of the intersection based on the amount of delay and congestion that occurs at the site. When LOS degrades below LOS “D” to LOS “E” or “F”, the intersection is considered failing. The TIA shows that the intersection of Bigham Drive and Freeman Road operates at a Level of Service (LOS) “E” in 2018 without any construction on the site, a condition that persists for 2018 and 2038 no-build and build conditions. Traffic volume and the “S” curve configuration of Freeman Road near its intersection with Bigham Drive are the primary factors resulting in delay for any vehicle making a left-turn movement from Bigham Drive onto Freeman Road. Per the TIA, the traffic generated by the proposed zone map amendment does not worsen conditions and therefore complies with the TPR. It should be noted that the TIA analysis assumed construction of improvements on Freeman Road that would limit access at Bigham Drive to right-in/right-out. The project was identified in the draft Interchange Area Management Plan (IAMP) for Exit 33, but did not make it into the final IAMP 33 document. Consequently, Southern Oregon Traffic Engineers re-evaluated the traffic analysis and determined that the functional classification and performance of the intersection remains unchanged in the absence of improvements to Freeman Road. Therefore the proposed zone change remains consistent with the TPR. During discussion the Planning Commission expressed concerns about potential limited access at this location and requirements for future traffic studies. Planning staff noted that Bigham Drive will provide a secondary access point for future commercial uses at this location and explained that a TIA will likely be required to fully evaluate impacts and any needed mitigation measures for the larger commercial development contemplated for this site. FINANCIAL ANALYSIS: Financial impact to the City is limited to staff in-kind expenses which are recovered with planning- related service fees. LEGAL ANALYSIS: The primary issues to be considered and discussed at the meeting will be related to CPMC 17.10.400. 1. A decision for a map amendment shall be based on approval criteria, applicable regulations and factual evidence in the record. 2. A decision may be for denial, approval or approval with conditions. 7.C Packet Pg. 33 COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Managed Growth and Infrastructure, Goal 4; Continually ensure that planning and zoning review and regulations are consistent with comprehensive plans and vision. STAFF RECOMMENDATION: Open public hearing and consider the proposed amendment to the Zoning Map, close public hearing and 1) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading, or 3) deny the ordinance. RECOMMENDED MOTION: Forward the ordinance approving the Bigham Drive Minor Zone Map Amendment to a second reading. ATTACHMENTS: 1. Attachment A - Planning Commission Resolution 855 2. Attachment B - City Council Ordinance.pdf 7.C Packet Pg. 34 7.C.a Packet Pg. 35 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov STAFF REPORT August 7, 2018 AGENDA ITEM: VII-A.2 Consideration of a Zone (map) Change application from Residential Multifamily (R-3) to Tourist and Office Professional (C-4) for 0.43 acres located at 45, 63, and 77 Bigham Drive. The Project Site is identified on the Jackson County Assessor’s map as 37S 2W 02CD, Tax Lots 600, 700, and 1000. Applicant: Nelson Investment Enterprises, LLC (Craig Nelson). File No.: ZC-18003. Approval Criteria: CPMC 17.10, Zoning Map and Zoning Code Text Amendments. STAFF SOURCE: Stephanie Holtey, Principal Planner BACKGROUND: The applicant has requested a minor zone map amendment from R-3 to C-4 with the intent of developing a consolidated commercial development for professional office uses at an unspecified future date. In consideration of this application, there are three criteria that must be addressed per CPMC 17.10.400: 1. Comprehensive Plan Compliance. The current land use plan designation for the property is Employment Commercial, which is designed to accommodate a wide variety of retail, service and office uses (Figure 1). The Employment Commercial designation was adopted in the 2018 Land Use Element update to replace the Tourist and Office-Professional classification. Per the adopted Land Use Element, the proposed C-4 zoning designation is consistent with the Employment Commercial Classification and abuts properties to the east that are planned and zoned the same. 2. Compatibility with Surrounding Land Uses and Zoning. The proposed zone map amendment occurs on three (3) lots on the northeast side of Bigham Drive. The properties to the south and west are planned and zoned high density residential/R-3 and the properties to the north and east are planned and zoned employment commercial/C-4 . Existing structures adjacent to the project location includes five (5) single family dwellings, two (2) that are legally non-conforming to the high density residential designation and three (3) that are legally nonconforming to the commercial designation. Although the proposed zone change will increase the land area available for commercial development, the character and compatibility between uses will be a function of siting and design per CPMC 17.75, Design and Development Standards. As properties redevelop, they will be subject to standards that aim to minimize conflicts between uses, including a 20-ft landscape buffer between commercial and residential uses. Additional site and building design requirements promote pedestrian scale architecture and attractive walkable environments necessary to assure compatibility with existing and planned uses. 3. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and Community Development Tom Humphrey, AICP Community Development Director 7.C.a Packet Pg. 36 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. The Applicant’s Traffic Impact Analysis shows that the traffic generated by the increased land use intensity will not alter the functional classification for any existing or planned infrastructure (Attachment “C”). As demonstrated in the Planning Department Supplemental Findings (Attachment “D”) the proposed zone change can be accommodated by the transportation network and public services. ISSUES: There are no issues relative to this application. CONDITIONS OF APPROVAL: None. ATTACHMENTS: Attachment “A” – Comprehensive Plan and Zoning Maps Attachment “B” – Applicant’s Findings Attachment “C-1” – Traffic Impact Analysis dated March 18, 2018 Attachment “C-2” – Traffic Study Conclusion Clarification Memo dated July 24, 2018 Attachment “D” – Planning Department’s Findings Attachment “E” – Resolution No. 855 ACTION: Open public hearing and consider the proposed amendment to the Zoning map, close public hearing and 1) recommend approval to the City Council; 2) recommend approval with revisions; or 3) deny the application. RECOMMENDATION: Recommend approval of Resolution No. 837. Per the Staff Report dated December 6, 2016 and supported by Findings of Fact. 7.C.a Packet Pg. 37 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) ATTACHMENT “A” Figure 1. Current Comprehensive Plan Map Figure 2. Current Zoning Map 7.C.a Packet Pg. 38 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Figure 3. Proposed Zone Map Change 7.C.a Packet Pg. 39 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 40 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 41 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 42 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 43 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 44 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 45 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 46 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 47 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 48 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 49 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 50 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 51 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 52 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 53 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 54 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 55 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 56 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 57 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 58 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 59 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 60 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 61 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 62 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 63 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 64 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 65 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 66 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 67 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 68 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 69 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 70 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) 7.C.a Packet Pg. 71 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) MEMORANDUM  To: Stephanie Holtey, Principal Planner City of Central Point Date: 07/24/2018 Project: Bigham Drive R-3 to E-C / C-4 Comprehensive Plan Amendment / Zone Change Subject: Traffic Impact Study Conclusion Clarification Southern Oregon Transportation Engineering prepared a traffic impact study (TIS) dated March 14, 2018 for a proposed comprehensive plan map amendment and zone change from R-3 (High Density Residential) to E-C (Employment Commercial) / C-4 (Tourist/Office Professional) on 37S1W02CD tax lots 600, 700, and 1000. In our conclusions we stated that the intersection of Bigham Drive and Freeman Road was shown in the analysis to be operating at a level of service (LOS) “E” under existing conditions, which exceeds the City’s LOS performance standard. A planned improvement in a draft version of the Interchange Area Management Plan (IAMP) for Exit 33 was cited as providing mitigation for this intersection in the future. We have since learned that this planned improvement did not get approved in the final version of the IAMP and will, therefore, not provide the mitigation referenced. This does not change the outcome of our analysis, but requires some clarification. The intersection of Bigham Drive and Freeman Road in our analysis is shown to operate at a LOS “E” under existing conditions and continues to operate at a LOS “E” under year 2018 build, future year 2038 no-build, and future year 2038 build conditions. The proposed zone change, therefore, is not shown to degrade the performance of the intersection under existing or future conditions. This should have been stated in our original analysis regardless of planned improvements. Our report conclusions remain the same as previously stated with one clarification. Streets and intersections that serve the subject property will accommodate projected p.m. peak hour traffic volumes from permitted uses under proposed C-4 zoning without requiring a change in the functional classification of any existing or planned facility, or degrade the performance of an existing or planned facility that is otherwise projected to not meet the performance standards identified in the City’s Transportation System Plan (TSP) or Comprehensive Plan. The outcome is the same, but the referenced section of the TPR changes when mitigation is not shown through a planned improvement. We hope this provides adequate clarification. Please feel free to contact us if you have any questions or concerns. Respectfully, _______________________________________ Kimberly Parducci, PE PTOE Firm Principal Southern Oregon Transportation Engineering, LLC 319 Eastwood Drive Medford, OR 97504 Telephone 541.941.4148 Kim.parducci@gmail.com 7.C.a Packet Pg. 72 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) FINDINGS OF FACT AND CONCLUSIONS OF LAW File No.: ZC-18003 Before the City of Central Point Planning Commission Consideration of a Zone (Map) Change Application on 0.43 acres at 45, 63, and 77 Bigham Drive. The property is identified on the Jackson County Assessor’s map as 37S 2W 02CD, Tax Lot 600, 700, and 1000. Applicant: ) Findings of Fact Nelson Investment Enterprises, LLC ) and 210 Valle Vista Drive ) Conclusion of Law Grants Pass, OR 97527 PART 1 INTRODUCTION It is requested that the above referenced tax lots be rezoned from Residential Multifamily (R-3) to Tourist and Office Professional (C-4). The purpose of the zone change is to comply with the Employment Commercial (EC) Comprehensive Plan land use designation and to prepare for a consolidated commercial development that includes the subject properties. The zone change request is a quasi-judicial map amendment, which is processed using Type III application procedures. Type III procedures set forth in Section 17.05.400 provides the basis for decisions upon standards and criteria in the development code and the comprehensive plan, when appropriate. Applicable development code criteria for this Application include: 1. Comprehensive Plan 2. State Transportation Planning Rule 3. CPMC, Chapter 17.10 PART 2 FINDINGS & CONCLUSIONS Staff has reviewed the Applicant’s Findings (Attachment “B” in the Staff Report dated August 7, 2018) and found that they address all of the applicable development code criteria for the proposed zone (map) amendment. However, the Planning Department is providing supplemental findings addressing the State Transportation Planning Rule below. OAR 660-012-0060 – Transportation Planning Rule The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. Oregon Administrative Rule (OAR) 660-012-0060 subsection (1) states the following: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. 7.C.a Packet Pg. 73 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of corrections of map errors in an adopted plan); Finding OAR 660-012-0060(1)(a): A Traffic Impact Analysis (TIA) was prepared for the proposed zone change by Southern Oregon Transportation Engineering, LLC on March 14, 2018. A memorandum was submitted by Southern Oregon Transportation Engineering, LLC on July 24, 2018 clarifying conclusions. Both documents are provided as attachments to the Staff Report (Attachments “C-1” and “C-2”, respectively) and are herein incorporated by reference as evidence addressing the proposed zone change compliance with the comprehensive plan, local land use regulations and TPR. The TIA evaluates the proposed zone change on the 0.43 acre project site (37S 2W 02CD Tax Lots 600, 700, and 1000) from R-3 to EC/C-41, including the surrounding streets and intersections on Freeman Road (Minor Arterial), Bigham Drive (Local) and Oak Street (Local). Per Table 6 in the TIA, the zone change trip generation was evaluated based on a 1,000 square foot medical office building as the highest use for the site. The analysis reported a 27 total PM Peak trips, which does not result in any changes to the functional street classifications on Freeman Road, Bigham Drive, or Oak Street. Conclusion OAR 660-012-0060(1)(a): Per the TIA, the traffic generated by the increased land use intensity will not alter the functional classification for any existed or planned infrastructure. (b) Change standards implementing a functional classification system; or Finding OAR 660-012-0060(1)(b):The standards implementing a functional classification system are based on the Public Works Department Standard Specifications and Uniform Details for Public Works Construction (2014). Table 1 in the TIA summarizes the roadway classifications and operational standards that apply to the transportation facilities evaluated. As shown in the TIA, the City’s operational standard for all evaluated streets is LOS D. The intersection at Bigham Drive and Oak Street is shown to operate at a LOS A under the no-build and build conditions for 2018 and 2038. The intersection at Freeman and Bigham Drive, however, currently operate at a LOS E under no-build conditions. The TIA shows that the intersection continues to operate at a LOS E for the 2018 build, 2038 no build, and 2038 build conditions, and is not aggravated by the proposed minor zone map amendment. As demonstrated by the TIA, the proposed zone map amendment does not change any standards implementing the functional classification system for Bigham, Freeman or Oak Street. 1 The Employment Commercial (EC) is in reference to the underlying land use designation, which includes the C-4 zoning classification per the 2018 Land Use Element adopted by Ordinance No. 2043 (herein incorporated by reference). 7.C.a Packet Pg. 74 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Conclusion OAR 660-012-0060(1)(b): Consistent. (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the areas of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; Finding OAR 660-012-0060(1)(c)(A): Travel and access are a function of increased trips and driveway spacing. As demonstrated in Finding OAR 660- 012-0060(1)(a), the trips generated by the proposed zone change is consistent with the functional street classifications for Freeman Road, Bigham Drive, and Oak Street. Driveway and access standards are provided in the Public Works Standards, Table 300-6 which specifies site access shall be located the farthest distance away from a Minor Arterial (Freeman Road) and Local (Bigham Drive) street intersection or 30-ft, whichever is greater. Per the Applicant’s TIA, travel and access to the site on Bigham Drive is located at the south end of the affected properties, approximately 180-feet from the intersection of Bigham Drive and Freeman Road consistent with this standard. Conclusion OAR 660-012-0060(1)(c)(A): The access and travel on existing and planned facilities is consistent with the functional classification standards set forth in the Public Works Standard Specifications and TSP and Comprehensive Plan. (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or, Finding OAR 660-012-0060(1)(c)(B): As shown in Table 1, the intersection of Freeman and Bigham will decline to an unacceptable level of service (LOS) “E” under year 2018 no-build year and continue through build year 2038. Table 1. Traffic Impact Summary Roadway Intersection Functional Classification City Operational Standard Year 2018, No-build Year 2018, Build Future Year 2038, No Build Future Year 2038, Build Freeman Road/ Bigham Drive Minor Arterial LOS “D” LOS “E” LOS “E” LOS “E” LOS “E” Oak Street/ Bigham Drive Local Street LOS “D” LOS “A” LOS “A” LOS “A” LOS “A” 7.C.a Packet Pg. 75 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) The TIA shows that the trips generated by the proposed zone change do not degrade the performance of the existing street beyond current conditions. Conclusion OAR 660-012-0060(1)(c)(B): Consistent. (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. Finding OAR 660-012-0060(1)(c)(C): As demonstrated in Finding OAR 660- 012-0060(1)(c)(B), the intersection of Freeman Road and Bigham Drive fails during the 2018 and 2038 no-build scenarios. The proposed zone change does not further aggravate the city’s operational standard. Conclusion OAR 660-012-0060(1)(c)(C): Consistent. (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection 2(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local government using subsection (2)(e), section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (a) Adopting measures that demonstrate allowed land uses are consistent with the planned, function, capacity, and performance standards of the facility. (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (d) Providing other measures as a condition of development or through a development agreement or similar funding method, including but not limited to transportation system management measures or minor transportation improvements. Local governments shall, as part of the amendment, specify when measures or improvements provided pursuant to 7.C.a Packet Pg. 76 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) this subsection will be provided. (e) Providing improvements that would benefit modes other than the significantly affected mode, improvements to facilities other than the significantly affected facility, or improvements at other locations if: (A) The provider of the significantly affected facility provides a written statement that the system-wide benefits are sufficient to balance the significant effect, even though the improvements would not result in consistency for all standards; (B) The providers of facilities being improved at other locations provide written statements of approval; and, (C) The local jurisdictions where facilities are being improved provide written statements of approval. Finding OAR 660-012-060(2): As demonstrated in the findings and conclusions for OAR 660- 012-0060(1), transportation facilities will not be significantly affected by the proposed zone map change. Conclusion OAR 660-012-0060(2): Not applicable. (3) Notwithstanding sections(1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity, and performance standards of the facility where: (a) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the TSP. (b) Development resulting from the amendment will, at a minimum mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (c) The amendment does not involve property located in an interchange area as defined in paragraph (d)(C); and (d) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local 7.C.a Packet Pg. 77 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) government may proceed with applying subsections (a) through (c) of this section. Finding OAR 660-012-060(3): As demonstrated in the findings and conclusions for OAR 660- 012-0060(1), transportation facilities will not be significantly affected by the proposed zone map change. Conclusion OAR 660-012-0060(3): Not applicable. (4) Determinations under sections (1) through (3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. (a) In determining whether an amendment has a significant effect on an existing or planned transportation facility under subsection (1)(c) of this rule, local governments shall rely on existing transportation facilities and services and on the planned transportation facilities, improvements and services set forth in subsections (b) and (c) below. (b) Outside of interstate interchange areas, the following are considered planned facilities, improvements, and services: (A) Transportation facilities, improvements or services that are funded for construction or implementation in the Statewide Transportation Improvement Program or a locally or regionally adopted transportation improvement program or capital improvement plan or program of a transportation service provider. (B) Transportation facilities, improvements or services that are authorized in a local transportation system plan and for which a funding plan or mechanism is in place or approved. These include, but are not limited to, transportation facilities, improvements or services for which: transportation systems development charge revenues are being collected; a local improvement district or reimbursement district has been established or will be established or will be established prior to development; a development agreement has been adopted; or conditions of approval to fund the improvement have been adopted. (C) Transportation facilities, improvements or services in a metropolitan planning organization (MPO) area that are part of the area’s federally-approved, financially constrained regional transportation system plan. (D) Improvements to state highways that are included as planned improvements in a regional or local transportation system plan or comprehensive plan when ODOT provides a written statement that the improvements are reasonably likely to be provided by the end of the planning period. (E) Improvements to regional and local roads, streets or other transportation facilities or services that are included as planned improvements in a regional or local transportation system plan or comprehensive plan when the local government9s) 7.C.a Packet Pg. 78 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) or transportation service provider(s) responsible for the facility, improvement or service provides a written statement that the facility, improvement or service is reasonably likely to be provided by the end of the planning period. Finding OAR 660-012-0060(4)(b): The proposed zone change occurs on property within ¼ mile of Interchange 33 for Interstate 5. Conclusion OAR 660-012-0060(4)(b): Not applicable since the property is within an adopted IAMP. (c) Within interstate interchange areas, the improvements included in (b) (A)-(C) are considered planned facilities, improvements and services, except where: (A) ODOT provides a written statement that the proposed funding and timing of mitigation measures are sufficient to avoid a significant adverse impact on the Interstate Highway system, then local governments may also rely on the improvements identified in paragraphs (b)(D) and (E) of this section; or, (B) There is an adopted interchange area management plan, then local government may also rely on the improvements identified in that plan and which are also identified in paragraphs (b)(D) and (E) of this section. Finding OAR 660-012-0060(4)(c): Although the IAMP and TSP do not identify improvements adjacent to the site that would mitigate the existing LOS E deficiency at the intersection of Freeman and Bigham Drive, ODOT provided written confirmation in an email dated February 9, 2018 that the proposed zone change will not adversely affect the highway system. Conclusion OAR 660-012-0060(4)(c):Consistent. (d) As used in this section and section (3): (A) Planned interchange means new interchanges and relocation of existing interchanges that are authorized in an adopted transportation system plan or comprehensive plan; (B) Interstate highway means Interstates 5, 82, 84, 105, 205 and 405; and, (C) Interstate interchange area means: (i) Property within one-quarter mile of the ramp terminal intersection of an existing or planned interchange on an Interstate Highway; or, (ii) The interchange area as defined in the Interchange Area Management Plan adopted as an amendment to the Oregon Highway Plan. 7.C.a Packet Pg. 79 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) (e) For purposes of this section, a written statement provided pursuant to paragraphs (b)(D), (b)(E), or (c)(A) provided by ODOT, a local government or transportation facility provider, as appropriate, shall be conclusive in determining whether a transportation facility, improvement or service is a planned transportation facility, improvement or service. In the absence of a written statement, a local government can only rely upon planned transportation facilities, improvements and services identified in paragraphs (b)(A)-(C) to determine whether there is a significant effect that requires application of the remedies in section (2). Finding OAR 660-012-0060(4): As demonstrated in the Findings for OAR 660-012- 0060(4)(c), the proposed minor zone map amendment was coordinated with affected transportation facility and service providers, including ODOT and the Central Point Public Works Department. Conclusion OAR 660-012-0060(4): Consistent. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned facility if all of the following requirements are met: (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; Finding OAR 660-012-0060(9)(a): The comprehensive plan designation for the subject property is Employment Commercial (Ordinance No. 2043). Per the Land Use Element, the Employment Commercial land use designation replaces the former Tourist and Office Professional designation and is consistent with the C-4, Tourist and Office Professional zoning proposed for the site. Conclusion OAR 660-012-0060(9)(a): Consistent. (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and, Finding OAR 660-012-0060(9)(b): The City’s TSP was acknowledged on December 18, 2008 (Ordinance No. 1922) and was updated on October 8, 2015 (Ordinance No. 2017) to incorporate IAMP 33 and IAMP 35 by reference into the TSP/Transportation Element of the Comprehensive Plan. Per the TSP, the zoning is consistent with the functional classifications and performance standards for the affected transportation facilities. Conclusion OAR 660-012-0060(9)(b): Consistent. (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. 7.C.a Packet Pg. 80 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Finding OAR 660-012-0060(9)(c): The project site is located on 0.43 acres that was part of the original town settlement when it was incorporated in 1889. Given the timing of incorporation, it was not subject to this rule and therefore was not exempted from it. Since the land was incorporated, it has been planned for urbanization as evidenced by existing development and planned land use shown on comprehensive plan and zoning maps adopted and updated over the years. Conclusion OAR 660-012-0060(9)(c): The findings in this section further support findings in OAR 660-012-0060(1) in concluding that the proposed minor zone map amendment does not significantly affect existing or planned transportation facilities. (10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a functional plan, a comprehensive plan or a land use regulation without applying performance standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or V/C), delay or travel time if the amendment meets the requirements of subsection (a) of this section. This section does not exempt a proposed amendment from other transportation performance standards or policies that may apply including, but not limited to, safety for all modes, network connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a size and frequency required by the development. (a) A proposed amendment qualifies for this section if it: (A) Is a map or text amendment affecting only land entirely within a multimodal mixed-use area (MMA); and (B) Is consistent with the definition of an MMA and consistent with the function of the MMA as described in the findings designating the MMA. Finding OAR 660-012-0060(10)(a): The proposed map amendment is within an area designated as an Activity Center in the Land Use Element (Ordinance No. 2043) and Rogue Valley Metropolitan Area (RVMPO) Alternative Measures Activity Center.2 Activity Centers are interchangeable with the term Transit Oriented/Mixed Use Pedestrian Friendly Areas. These areas represent development of places that encourage neighborhood oriented, higher density and mixed use environments that increase the convenience of walking, bicycling and transit. Conclusion OAR 660-012-0060(10)(a): Consistent. (b) For the purpose of this rule, “multimodal mixed-use area” or “MMA” means an area: (A) With a boundary adopted by a local government as provided in subsection (d) or (e) of this section and that has been acknowledged; Finding OAR 660-012-0060(10)(b)(A): The subject properties are fully within the boundary of a designated Activity Center as delineated in the Central Point Comprehensive Plan Land Use Element and RVMPO Regional Transportation 2 2009-2034 Regional Transportation Plan, Rogue Valley Metropolitan Planning Organization. April 27, 2009. 7.C.a Packet Pg. 81 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Plan. Conclusion OAR 660-012-0060(10)(b)(A): Consistent. (B) Entirely within an urban growth boundary; Finding OAR 660-012-0060(10)(b)(B): The subject properties are entirely within the Central Point Urban Growth Boundary as shown in the Comprehensive Plan Land Use Map. Conclusion OAR 660-012-0060(10)(b)(B): Consistent. (C) With adopted plans and development regulations that allow the uses listed in paragraphs (8)(b)(A) through (C) of this rule and that require new development to be consistent with the characteristics listed in paragraphs (8)(b)(D) through (H) of this rule; Finding OAR 660-012-0060(10)(b)(C): The subject properties are within an activity center that includes lands planned and zoned for a combination of commercial and high density residential uses, specifically the R-3 and C-4 zones. As shown in CPMC 17.28 (R-3) and CPMC 17.44 (C-4), uses allowed in this activity center include densities ranging between 14 and 25 units per acre in buildings up to 45-ft (if performance zoning is applied). Commercial uses include a variety of professional office, personal service, and retail uses consistent with OAR 660-012-0060(8)(b) (A) through (C). Conclusion OAR 660-012-0060(10)(b)(C): Consistent. (D) With land use regulations that do not require the provision of off-street parking, or regulations that require lower levels of off-street parking than required in other areas and allow flexibility to meet the parking requirements (e.g. count on-street parking, allow long-term leases, allow shared parking); and Finding OAR 660-012-0060(10)(b)(D): The land use regulations in this zone permit reduced off-street parking up to 20% of the minimum/maximum requirement. Per CPMC 17.64.040(D), shared parking is allowed and encouraged in commercial zones, including the C-4 zone. Conclusion OAR 660-012-0060(10)(b)(D): Consistent. (E) Located in one or more of the categories below: (i) At least one-quarter mile from any ramp terminal intersection of existing or planned interchanges; 7.C.a Packet Pg. 82 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) (ii) Within the area of an adopted Interchange Area Management Plan (IAMP) and consistent with the IAMP; or (iii) Within one-quarter mile of a ramp terminal intersection of an existing or planned interchange if the mainline facility provider has provided written concurrence with the MMA designation as provided in subsection (c) of this section. Finding OAR 660-012-0060(10)(b)(E): Using GIS measurements based on the 2017 aerial photo of Central Point, the subject properties are within approximately 570-feet or 0.10 miles of Interstate 5 Exit 33. The property is shown in the IAMP for Exit 33, but no projects are planned adjacent to the site. Conclusion OAR 660-012-0060(10)(b)(E): Consistent. (c) When a mainline facility provider reviews an MMA designation as provided in subparagraph (b)(E)(iii) of this section, the provider must consider the factors listed in paragraph (A) of this subsection. (A) The potential for operational or safety effects to the interchange area and the mainline highway, specifically considering: (i) Whether the interchange area has a crash rate that is higher than the statewide crash rate for similar facilities; (ii) Whether the interchange area is in the top ten percent of locations identified by the safety priority index system (SPIS) developed by ODOT; and (iii) Whether existing or potential future traffic queues on the interchange exit ramps extend onto the mainline highway or the portion of the ramp needed to safely accommodate deceleration. (B) If there are operational or safety effects as described in paragraph (A) of this subsection, the effects may be addressed by an agreement between the local government and the facility provider regarding traffic management plans favoring traffic movements away from the interchange, particularly those facilitating clearing traffic queues on the interchange exit ramps. Finding OAR 660-012-0060(10)(c): Per the TIA in Appendix G, Agency Requirements, there is an email from ODOT Region 3 dated February 9, 2018 indicating their agency’s determination that the development resulting from the proposed zone map amendment will not significantly impact the state highway system. The TIA was distributed to ODOT Region 3 on July 1, 2018 and July 18, 2018. No comments were received contrary to the email received on February 9, 2018. This is further supported by findings in the TIA relative to site traffic generated in the 2018 build and 2038 build years showing no adverse operational or safety effects. 7.C.a Packet Pg. 83 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Conclusion OAR 660-012-0060(10)(c): Consistent. (d) A local government may designate an MMA by adopting an amendment to the comprehensive plan or land use regulations to delineate the boundary following an existing zone, multiple existing zones, an urban renewal area, other existing boundary, or establishing a new boundary. The designation must be accompanied by findings showing how the area meets the definition of an MMA. Designation of an MMA is not subject to the requirements in sections (1) and (2) of this rule. (e) A local government may designate an MMA on an area where comprehensive plan map designations or land use regulations do not meet the definition, if all of the other elements meet the definition, by concurrently adopting comprehensive plan or land use regulation amendments necessary to meet the definition. Such amendments are not subject to performance standards related to motor vehicle traffic congestion, delay or travel time. Finding OAR 660-012-0060(10)(d) through (e): The City is not proposing designation of a new MMA as part of this application. Conclusion OAR 660-012-0060(10)(d) through (e): Not applicable. PART 3 SUMMARY CONCLUSION As evidenced in findings and conclusions provided in Part 2 and Exhibit “1”, the proposed zone change is consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide Transportation Planning Rule. 7.C.a Packet Pg. 84 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) Planning Commission Resolution No. 855 (08/07/2018) PLANNING COMMISSION RESOLUTION NO. 855 A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE THE MINOR ZONE MAP AMENDMENT FROM RESIDENTIAL MULTIFAMILY (R-3) TO TOURIST AND OFFICE PROFESSIONAL (C-4) ON 0.43 ACRES LOCATED AT 45, 63, AND 77 BIGHAM DR. (37S 2W 02CD Tax Lots 600, 700, and 1000) File No.:ZC-18003 Applicant: Nelson Investment Enterprises, LLC WHEREAS, the Comprehensive Plan Land Use Map designates the property identified by the Jackson County Assessor’s Map as 37S 2W 02CD Tax Lots 600, 700, and 1000 as Employment Commercial; and WHEREAS, the proposed Tourist and Office Professional (C-4) zoning is an urban Employment Commercial zoning district consistent with the Comprehensive Plan and surrounding land uses; and WHEREAS, adequate public services and transportation networks are available to the site; and WHEREAS, the proposed zone change from R-3 to C-4 has been determined to be consistent with the State Transportation Planning Rule. NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. 855, does recommend that the City Council approve the change of zone on the property identified by the Jackson County Assessor’s Map as 37S 2W 02CD Tax Lots 600, 700, and 1000. This decision is based on the Staff Report dated August 7, 2018 including Attachments A through D attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of August, 2018. _______________________________ Planning Commission Chair ATTEST: _______________________________ City Representative 7.C.a Packet Pg. 85 Attachment: Attachment A - Planning Commission Resolution 855 (1031 : Bigham Zone Change (ZC-18003)) ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP ON TAX LOTS 600, 700, AND 1000 OF 37S 2W 02CD (0.43 ACRES) FROM R-3 (RESIDENTIAL MULTIFAMILY) TO C-4 (TOURIST AND OFFICE PROFESSIONAL)ZONING. Recitals: A.The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B.The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City Comprehensive Plans. C.Pursuant to authority granted by the City Charter and the ORS, the City may amend the Central Point Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D.Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Zoning Map and Zoning Code Text Amendments –Purpose and Chapter 17.05.010, Applications and Development Permit Review Procedures,the City has accepted an application and conducted the following duly advertised public hearings to consider the proposed amendment: a)Planning Commission hearing on August 7, 2018 b)City Council hearings on August 23, 2018 and September 13, 2018. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1.Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City zoning map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein. 7.C.b Packet Pg. 86 Attachment: Attachment B - City Council Ordinance.pdf (1031 : Bigham Zone Change (ZC-18003)) EXHIBIT 1 Section 3. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. 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 _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.C.b Packet Pg. 87 Attachment: Attachment B - City Council Ordinance.pdf (1031 : Bigham Zone Change (ZC-18003)) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Justin Gindlesperger, Community Planner II MEETING DATE: August 23, 2018 SUBJECT: Public Hearing and First Reading of an Ordinance Approving a Minor Zone Map Change on 2.0 acres from R-1-8 (Residential Single Family) to R-3 (Residential Multifamily. The property is located at 1849 Scenic Avenue and is identified on the Jackson County Assessor's Map as 37S 2W 03AB Tax Lot 4700. ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: The Planning Commission conducted a public hearing at its regular meeting in August to consider a minor zone map amendment request from R-1-8 to R-3. The subject property consists of 2.0 acres on Scenic Avenue immediately west of the existing Scenic Heights multifamily housing development. It is the applicant’s intent to develop the property as a second phase to the adjoining multifamily development. In considering the zone change, the Planning Commission addressed three (3) approval criteria pursuant to CPMC 17.10.400: 1. Comprehensive Plan Compatibility. The current land use plan designation for the property was amended from Low Density Residential to High Density Residential as part of the Land Use Element update in 2018. The High Density Residential Comprehensive Plan designation allows for the proposed R-3 zoning designation. Per the updated Land Use Element, the R-3 zoning designation is consistent with the High Density Residential designation and abuts properties to the east that are zoned the same. 2. Compatibility with Surrounding Land Uses and Zoning. The subject property for the proposed zone change is located along Scenic Avenue. The abutting properties to the east are zoned R-3 and are developed with multi- family residential dwellings. The property to the south is zoned for civic uses and is developed with Scenic Middle School. The properties to the west are zoned R-1-8 but the land use plan designation is Civic per the recently adopted Land Use Element update. Jackson County Fire District No. 3 and School District 6 own the properties and are in the preliminary stages of 7.D Packet Pg. 88 developing plans for a new fire station and circulation improvements, including the possible extension of Rock Way from Scenic Avenue to the middle school parking lot. Pending completion, the fire station will replace an existing nonconforming single family residence and Rock Way could serve as a secondary access to the proposed R-3 lot. The character and compatibility between proposed high density residential and civic uses is consistent with planned and existing surrounding development. 3. Traffic Impacts. A Traffic Impact Analysis (TIA) is required to address compliance with the Comprehensive Plan, the Municipal Code and the Oregon State Transportation Planning Rule (TPR). The TPR in OAR 660-012- 0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. As shown in the Applicant’s TIA, the traffic generated by the increased land use intensity will not alter the functional classification for any existing or planned infrastructure. As demonstrated in in the Planning Department Supplemental Findings (Attachment “C”), the proposed zone change can be accommodated by the transportation network and is consistent with the TPR. Based on the application’s demonstrated compliance with the relevant approval criteria, the Planning Commission unanimously recommended approval of the minor zone map change by the City Council (Attachment “A”). FINANCIAL ANALYSIS: Financial impact to the City is limited to staff in-kind expenses which are recovered with planning- related service fees. LEGAL ANALYSIS: The primary issues to be considered and discussed at the meeting will be related to CPMC 17.10.400. 1. A decision for a map amendment shall be based on approval criteria, applicable regulations and factual evidence in the record. 2. A decision may be for denial, approval or approval with conditions. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Managed Growth and Infrastructure, Goal 4; Continually ensure that planning and zoning review and regulations are consistent with comprehensive plans and vision. STAFF RECOMMENDATION: 7.D Packet Pg. 89 Open public hearing and consider the proposed amendment to the Zoning Map, close public hearing and 1) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading, or 3) deny the ordinance. RECOMMENDED MOTION: Forward the ordinance approving the Scenic Avenue Minor Zone Map Amendment to a second reading. ATTACHMENTS: 1. Attachment A - Planning Commission Resolution 856 2. Attachment B - City Council Ordinance.pdf 7.D Packet Pg. 90 7.D.a Packet Pg. 91 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 92 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 93 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 94 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 95 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 96 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 97 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 98 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 99 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 100 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 101 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 102 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 103 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 104 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 105 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 106 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 107 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 108 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 109 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 110 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 111 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 112 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 113 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 114 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 115 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 116 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 117 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 118 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 119 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 120 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 121 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 122 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 123 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 124 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 125 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 126 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 127 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 128 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 129 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 130 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 131 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 132 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 133 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 134 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 135 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 136 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 137 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 138 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 139 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 140 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 141 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 142 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 143 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 144 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 145 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 146 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 147 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 148 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) 7.D.a Packet Pg. 149 Attachment: Attachment A - Planning Commission Resolution 856 (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP FROM R-1-8 (RESIDENTIAL SINGLE-FAMILY) TO R-3 (RESIDENTIAL MULTIFAMILY)ZONING ON A 2.0 ACRE PROPERTY LOCATED AT 1849 SCENIC AVENUE (37S 2W 03AB TAX LOT 4700. Recitals: A.The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B.The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City Comprehensive Plans. C.Pursuant to authority granted by the City Charter and the ORS, the City may amend the Central Point Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D.Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Zoning Map and Zoning Code Text Amendments –Purpose and Chapter 17.05.010, Applications and Development Permit Review Procedures,the City has accepted an application and conducted the following duly advertised public hearings to consider the proposed amendment: a)Planning Commission hearing on August 7, 2018 b)City Council hearings on August 23, 2018 and September 13, 2018. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1.Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City zoning map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein. 7.D.b Packet Pg. 150 Attachment: Attachment B - City Council Ordinance.pdf (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) EXHIBIT 1 Section 3. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. 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 _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.D.b Packet Pg. 151 Attachment: Attachment B - City Council Ordinance.pdf (1032 : Scenic Avenue Minor Zone Map Change (ZC-18004)) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Stephanie Holtey, Principal Planner MEETING DATE: August 23, 2018 SUBJECT: Public Hearing and First Reading of an Ordinance to consider amendments to Section 17.65.050, Table 2 Zoning Regulations--TOD District; and CPMC 17.67.070(D)(3)(a)(i)--Residential Building Facades. Applicant: City of Central Point. ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: The Planning Commission conducted a public hearing at its regular meeting in August to consider miscellaneous zoning text amendments to the Transit Oriented Development (TOD) zoning and design standards in CPMC 17.65, TOD Districts and Corridors and CPMC 17.67, Design and Development Standards—TOD District and Corridor (Attachment “A”). The City initiated the amendments in response to feedback from the local development community to address conflicts between planning, building and utility standards. During the hearing, one Planning Commissioner stepped down due to a conflict of interest and the amendments were unanimously approved by the remaining commissioners. A summary of the proposed amendments is provided below: CPMC 17.65.050, Table 2 – Zoning Regulations  Corner Side Yard Setback. Change the minimum corner setback from 5-ft to 10-ft and eliminate the maximum setback to avoid conflicts between buildings and utility easements in the LMR and MMR zones.  Front Yard Setback. Amend the minimum setback from 15-ft to 0-ft in the GC and C zones as necessary to comply with the building design standard in CPMC 17.67.070(B)(2)(a). This section requires 75% of nonresidential and mixed-use projects to be built to the sidewalk edge. CPMC 17.67.070(D)(3)(a)(i) – Building Facades, Residential Attached garages facing a public street are limited to no more than 40% of the horizontal width of the front building façade. The standard aims to promote pedestrian-oriented building design on public streets and does not apply to alley or side loaded garages. According to local developers and contractors, this standard makes it difficult to build garages for homes on narrow lots that can accommodate standard and full-size vehicle parking and access. The proposed amendment 7.E Packet Pg. 152 increases the allowable width of attached garages to 45% to accommodate viable vehicle parking in situations where alley or side access is not available. As shown in Table 1, the proposed change provides the flexibility needed to provide usable covered parking in street loaded garages within the LMR and MMR zones while maintaining the intent of the TOD design standards. It should be noted that attached housing in the HMR zone cannot accommodate a front-loaded attached garage. Based on staff’s analysis, other housing types may be more appropriate in the HMR zone when alley access is not available. Table 1. Analysis of Current, Proposed and Alternative Garage Width Scenarios Standard Percentag e Garage Width, Single Car Total Façade Width Req'd Garage Width, Two Car Total Façade Width Req'd Minimum Lot Width LMR MMR HMR Current 40% 12 30.0 24 60.0 50 22 18 Proposed 45% 12 26.7 24 53.3 50 22 18 Example1: In the North Village at Twin Creeks, Phase V, there are fifteen (15) lots that would be affected by this standard. Each is within the LMR zone and is planned for single-family detached housing. The lot widths per the tentative plan range from 70.0 to 80.0 feet. Based on the table above and setback requirements in the LMR zone, the narrowest lot would have a building footprint that is 60-feet wide. This would accommodate both the single- and two- car garage options on the smallest lot. Example 2: In the MMR zone single-family detached housing is not permitted. Attached row houses are permitted with a minimum 22-ft lot width. A recent preliminary development plan was received for a small lot in the MMR zone with two (2) 26-ft wide attached row houses. The current standard limits the garage width to 10-feet. If the standard is increased to 45%, the garage width can be increased to 12 feet which is the industry standard for most garages. FINANCIAL ANALYSIS: The financial impact to the City is limited to staff in-kind expenses which are recovered with planning- related service fees. LEGAL ANALYSIS: The primary issue to be considered and discussed at the meeting will be related to CPMC 17.10.400. 1. A zoning text amendment is a legislative amendment and shall be based on criteria including compliance with the Statewide Planning Goals, applicable Central Point Comprehensive Plan policies, and the State Transportation Planning Rule. 2. A decision may be for approval, approval with revisions, or denial. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Managed Growth and Infrastructure, Goal 4; Continually ensure that planning and zoning review and regulations are consistent with comprehensive plans and vision. 7.E Packet Pg. 153 STAFF RECOMMENDATION: Open public hearing and consider the proposed amendment to the Zoning Map, close public hearing and 1) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading, or 3) deny the ordinance. RECOMMENDED MOTION: Forward the ordinance approving the miscellaneous TOD Text Amendments to a second reading. ATTACHMENTS: 1. Attachment A - PC Resolution 857.pdf 2. Attachment B - City Council Ordinance.pdf 7.E Packet Pg. 154 7.E.a Packet Pg. 155 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 156 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 157 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 158 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 159 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 160 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 161 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 162 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 163 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 164 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 165 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) 7.E.a Packet Pg. 166 Attachment: Attachment A - PC Resolution 857.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) ORDINANCE NO. ________ AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE CHAPTER 17.65.050, TABLE 2 ZONING REGULATIONS—TOD DISTRICT; AND 17.67.070(D)(3)(A)(I)—SINGLE FAMILY ATTACHED AND DETACHED RESIDENTIAL BUILDING FAÇADES.TO ADDRESS UTLITY CONCERNS, ELIMNATE CODE CONFLICTS AND INCREASE ATTACHED GARAGE WIDTH FOR SINGLE FAMILY HOMES FACING A PUBLIC STREET. RECITALS: A.Words lined through are to be deleted and words in bold are added. B.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. C.On August 7,2018 the Central Point Planning Commission recommended approval of code amendments to Chapter 17.65 TOD Districts and Corridors and Chapter 17.67 Design Standard—TOD Districts and Corridors making changes to clarify the administration of current policies and standards. D.On August 23, 2018, the City of Central Point City Council held a properly advertised public hearing; reviewed the Staff Report and findings; heard testimony and comments, and deliberated on approval of the Municipal Code Amendment. THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Amendments to Section 17.65.050, Table 2 TOD District Zoning Standards revise corner setback standards in the Low Mix Residential (LMR) and Medium Mix Residential (MMR) zones to avoid building conflicts with utility easements; and reduce the minimum front yard setback in the General Commercial (GC) and Civic (C) zones as needed to comply with the building design standard in CPMC 17.67.070(B)(2)(a). Table 2 TOD District Zoning Standards Standard Zoning Districts LMR MMR HMR EC GC C OS Building Setbacks (k) Front (min./max.)10'/15'10'/15'0'/15'0'0’/15'0’/5'15' Side (between bldgs.) (detached/attached) 5' detached 0' attached (a)(c) 5' detached 0' attached (a)(c) 5' detached 0' attached (a) 0' 10' (b) 0' 15' (b) 0' 20' (b) 5' Corner (min./max.)5'/10'/NA 5'/10'/NA 0'/10'5'/10'15'/30'5'/10'15'/NA Rear 10'10'10'0' 10' (b) 15' (b) 0' 0' 20' (b) 5' Garage Entrance (d)(d)(d)(e)(e)(e)NA Notes: NA--Not applicable. 7.E.b Packet Pg. 167 Attachment: Attachment B - City Council Ordinance.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005)) (a)The five-foot minimum also applies to the perimeter of the attached unit development. (b)Setback required when adjacent to a residential zone. (c)Setback required is ten feet minimum between units when using zero lot line configurations. (d)Garage entrance shall be at least ten feet behind front building facade facing street. (e)Garage entrance shall not protrude beyond the face of the building. (f)Net acre equals the area remaining after deducting environmental lands, exclusive employment areas, exclusive civic areas and right-of-way. (g)Lot coverage refers to all impervious surfaces including buildings and paved surfacing. (h)Parking lot landscaping and screening requirements still apply. (i)Landscaped area shall include living ground cover, shrubs, trees, and decorative landscaping material such as bark, mulch or gravel. No pavement or other impervious surfaces are permitted except for pedestrian pathways and seating areas. (j)Rooftop gardens can be used to help meet this requirement. (k) Where a building setback abuts a Public Utility Easement (PUE), the building setback shall be measured from the furthest protrusion or overhang for the structure to avoid utility conflicts. SECTION 2. Amendments to Section 17.67.070(D)(3)(a)(i) increase the horizontal width of attached garages for single family attached and detached dwellings facing a street from 40% to 45% of the horizontal width of the front building elevation. 3.Residential. a.The facades of single-family attached and detached residences (including duplexes, triplexes, fourplexes, townhouses, and row houses) shall comply with the following standards: i.No more than forty-five percent of the horizontal length of the ground floor front elevation of a single-family detached or attached dwelling with frontage on a public street, except alleys, shall be an attached garage. 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 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 _____ day of ______, 2018. _______________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.E.b Packet Pg. 168 Attachment: Attachment B - City Council Ordinance.pdf (1033 : Miscellaneous TOD Zoning Text Amendments (ZC-18005))