HomeMy WebLinkAboutCAP091318
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, September 13, 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(1549) Ord (2047)
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
A. Approval of August 23, 2018 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Second Reading of Ordinance No. _______, 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. (Humphrey)
B. Second Reading of Ordinance No. ______, 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
(Humphrey)
C. Second Reading of Ordinance No. _____, 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)
D. Second Reading Ordinance No. ______, 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.
(Humphrey)
E. Resolution No. _______, A Resolution Regarding Policy for Recreation Classes
and City Events in Regards to Air Quality (Samitore)
F. Resolution No. _______, Identifying the City of Central Point as the Responsible
Entity (RE) and maintaining the written record of the environmental review
undertaken for the Willow Glen Apartments Project Based Vouchers.
(Humphrey)
VIII. BUSINESS
A. Peninger Fire Restoration Project Letter of Support (Clayton)
B. Planning Commission Report (Humphrey)
IX. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION ORS 192.660(2)(h) Legal Counsel
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.
XIV. 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 23, 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. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Bruce Dingler Ward I Present
Michael Quilty Ward II Present
Brandon Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Excused
Michael Parsons At Large Present
Staff members present were City Manager Chris Clayton; City Attorney Sydnee Dreyer;
City Recorder Deanna Casey; Information Technology Director Jason Richmond; Police
Chief Kris Allison; and Community Development Director Tom Humphrey.
IV. PUBLIC COMMENTS
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Quilty, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
Approval of August 9, 2018 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
A. 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.
Community Development Director Tom Humphrey stated that the applicant has
agreed to bring a portion of her property into the City in order for a public street
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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.
This annexation is a full consent annexation since the property owner has consented
in writing. It also meets all annexation criteria, is contiguous to the city limits, within
the Urban Growth Boundary, accessible to public facilities and has been noticed for
the public hearing.
Staff recommends approval of the proposed annexation to meet the Managed
Growth and Infrastructure Goal in the Central Point Strategic Plan.
Mayor Williams opened the public hearing. No one came forward and the public
hearing was closed.
Motion to approve Resolution No. 1548, 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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Quilty, Ward II
SECONDER: Brandon Thueson, Ward III
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
B. Second 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
Community Development Director Tom Humphrey presented the map of the property
to be vacated to the School District “Makers Space” property. The school district
has asked for this vacation which is behind their property and adjacent to the
train tracks. The area to be vacated is approximately 18’ by 400’ that was
originally part of the Oak Park Addition. Since the alley right-of-way was part of
the addition, it would be vacated in its entirety to tax lots 2900 and 3000.
This resolution has been noticed in the paper and mailed to adjoining property
owners. They have not had any negative feedback. The California and Pacific
Railroad was informed of the petition and has said there should be no issues
from the railroad as long as nothing moves onto the railroad property.
He explained that historic maps of this area show that the majority of this alley
right-of-way was vacated about the time that Highway 99 was constructed.
Another segment of the alley right-of-way was vacated in 2010 when the Council
concluded that the area south of the wine tasting building had no utility interest to
the city. Staff has checked for utilities and easements that would need access.
No one has come forward with a request to have an easement in this location.
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Staff recommends approval and to move to second reading the proposed
ordinance. This ordinance is in line with Strategic Plan Goal 4 Managed Growth
and Infrastructure.
Mayor Williams opened the public hearing
Spencer Davenport, representative from School District 6
Mr. Davenport stated that the School District is in support of the proposed
vacation. There is no purpose for city use in this location.
Mayor Williams closed public hearing.
Motion to move to second reading 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 37 2W 03DC.
RESULT: 1ST READING [UNANIMOUS]
Next: 9/13/2018 7:00 PM
MOVER: Brandon Thueson, Ward III
SECONDER: Michael Quilty, Ward II
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
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
City Attorney Sydnee Dreyer read the Quasi-judicial hearing statement. Mayor
Williams asked if any of the council members had a conflict of interest or exparte
communications. None were stated. This statement will cover items C, D, and E.
Community Development Director Tom Humphrey explained that the applicant
Nelson Investment Enterprises, LLC has requested a 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 parcels on Bigham Drive. The properties
currently have two single family homes that are legally non-conforming. The
proposed 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 tax lots are currently owned by the applicant.
The Planning Commission conducted a public hearing in August to consider the
proposal and unanimously recommended City Council approval. He provided the
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determining factors as recommended by the Planning Commission and explained
that they are in compliance with CPMC 17.10, Zoning Map and Text
Amendments. There are public facilities to support this change, and the
Comprehensive Plan has designated this area as commercial.
A Traffic Impact Analysis was prepared to evaluate the impacts of the proposed
zone map amendment on the functional classification and capacity of existing
and planning infrastructure. The intersection of Bigham Drive and Freeman Road
currently operates at a Level of Service (LOS) “E” without any construction on the
site. It has been determined that this intersection will continue at this LOS
regardless of the proposed changes. There are several options the city could
implement to help the LOS for this intersection during the planning stages. He
explained that as the area develops there are additional studies that will be done.
Bigham Drive will act as a secondary access point for future commercial uses
and that the TIA will likely be required to fully evaluate impacts and any needed
mitigation.
Mayor Williams stated that he talked with the current property owner several
years ago about the possibilities of this project.
Mayor Williams opened the public hearing. No one came forward and the public
hearing was closed.
Motion to move to second reading an Ordinance Amending the Central
Point Zoning Map on Tax Lots 600, 700, and 1000 of 37S 2W 02DC (0.43
Acres) from R-3 (Residential Multifamily) to C-4 (Tourist and Office
Professional) Zoning
RESULT: 1ST READING [UNANIMOUS]
Next: 9/13/2018 7:00 PM
MOVER: Michael Quilty, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
D. Second 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.
Mr. Humphrey stated that the Planning Commission conducted a public hearing
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. The Planning Commission addressed three approval criteria during
their deliberations:
1. Comprehensive Plan Compatibility: The current land use plan designation for
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the property was amended from low density residential to high density
residential as part of the Land Use Element update in 2018. The updated
Land Use Element is consistent with the proposed designation.
2. Compatibility with Surrounding Land Uses and Zoning: The abutting
properties to the ease 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.
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. The traffic generated by the
increased land use intensity will not alter the functional classification of
existing or planned infrastructure. The proposed zone change can be
accommodated by the transportation network and is consistent with the
Transportation Planning Rule.
It should be noted that there are utilities available for this designation, however
RVSS would need to upgrade their lines in the future.
Planning Commission and Council Members have expressed their concerns
about the intersection at Scenic/Upton/3rd/10th Streets. There are solutions that
could be implemented but no change is recommended until plans have been
submitted for the project.
Mayor Williams opened the public hearing.
Kim Parducci, Principle of Southern Oregon Transportation and Engineering.
Ms. Parducci is here to answer any questions regarding traffic that the Council
may have regarding this zone amendment. They concur with staff that no
changes are necessary at this time. There are recommendations for 4
intersections in this area depending on future development. They have
concluded that a simple mitigation to the entrance to the apartments would
alleviate any current conditions. There are no recommended changes until we
have more information about future development and where access points will
be.
Ryan Hays - Director of Development for Housing Authority
Mr. Hays recommends moving this ordinance to second reading. The valley is in
need of housing and the zone change would allow affordable units. They have
been interested in the property next to Scenic Heights for several years. The
proposed expansion for Scenic Heights would be about five years out. They do
not have drawings or plans at this time.
Mayor Williams closed the public hearing.
Motion to move to second reading 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).
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RESULT: 1ST READING [UNANIMOUS]
Next: 9/13/2018 7:00 PM
MOVER: Brandon Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
E. Public Hearing and second 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.
Mr. Humphrey explained that that Planning Commission conducted a public hearing
in August to consider miscellaneous zoning text amendments to the Transit Oriented
Development (TOD) zoning and design standards. This is a Major zoning text
amendment to CPMC 17.65.050 table 2 - Zoning Standards and will eliminate
conflicts in LMR and MMR zones regarding utility easements. We are trying to
promote less vehicles and more pedestrian traffic in the TOD area. Garages
were moved to the back of the property in order to emphasize the front of the
houses rather than garage doors.
CPMC 17.65,050 Table 2- Zoning Regulations
To change the corner side yard setback minimum 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.
To amend the Front Yard Setback minimum 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 increases the allowable width of attached garages to 45% to
accommodate vehicle parking in situations where alley or side access is not
available.
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.
The proposed amendments follow the statewide planning goals, the Central Point
Strategic Plan and the recent Central Point Comp Plan amendments.
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August 23, 2018
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Mayor Williams opened public hearing - no one came forward and the public
hearing was cancelled.
Motion to move to second reading 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 Buildings Façade to Address Utility Concerns, Eliminate Code
Conflicts and Increase Attached Garage Width for Single Family Homes
Facing a Public Street.
RESULT: 1ST READING [UNANIMOUS]
Next: 9/13/2018 7:00 PM
MOVER: Michael Quilty, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
VIII. MAYOR'S REPORT
Mayor Williams reported that:
He attended the D.A.R.E. Cruise. He was happy to see less smoke that evening for the
cruise.
He attended a Medford Water Commission meeting. Things seem to be going will with
the new Manager on board.
He attended the Central Point Greeter's at Banner Bank.
IX. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
Staff has been working on a Personnel Policy Manual for the employees. This is
currently being reviewed by management and will be provided to the employees early in
September. After all the edits are done we will bring it before Council for approval.
One of our 2018 maintenance projects is to paint the old section of city hall and a
new Police Department sign will be posted on the corner.
The forced annexation on Vilas Road is coming to its three year mark. We will begin
the process of annexing this property into the city as soon as is appropriate.
We are planning on being proactive in 2019 regarding weeds at the Central Point
Cemetery. We will be spraying for weeds early in the spring.
There will be some changes to the RVTD bus route in the coming months.
End of year financial statements look good regarding revenue and expenditures.
X. COUNCIL REPORTS
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Council Member Mike Quilty reported that he:
Attended a meeting at RVCOG to discuss surface transportation funds. They discussed
where the funds have been spent. They will be going forward with the levy for
transportation.
He attended the study session.
He will not be attending the September 13th meeting. He will be out of town.
Council Member Brandon Thueson attended the Study Session.
Council Member Bruce Dinger stated that he attended the Study Session. He also asked
about the 5 year window for the Housing Authority project. Mr. Humphrey explained the
time line for this project and that they have been approved and received funds for a
project on Haskell.
Council Member Taneea Browning reported that:
She attended a Fire District No. 3 meeting where they presented two citizens recognition
awards. There are three new fire wise communities in the District, and the application
process for a firefighter position has opened. Nationally recruitment for first responders
is becoming more necessary. The Scenic Fire Station bids are due September 5th. They
are planning seismic work for the stations in the district.
Her family attended the Friday night movies in the park.
She attended a Crater Wine event.
She attended the Adhoc Community Center meeting.
She attended an RVCOG board meeting. The Josephine County food and friends
program will be breaking ground shortly for their new facility.
Jacksonville is proposing a $20 utility fee to fund their Police Department.
Council Member Mike Parsons attended:
The D.A.R.E. events on Saturday.
The Study Session where our Police Department introduced us to the new drug dog
Sage and did a demonstration of skills for Mattis.
XI. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that the City has received a
request from the school district to rezone the Asante property. We plan to hold a public
meeting to get the input from surrounding properties.
Police Chief Kris Allison reported that:
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August 23, 2018
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The D.A.R.E. event was a success again this year. The weather was nice and the
smoke cleared for that afternoon. They are discussing ways to improve for next year.
School will be starting soon and they have been preparing for that event.
She attended a threat assessment conference in Anaheim last week and will be
planning ways to implement it in the valley for the schools.
Parks and Public Works Director Matt Samitore reported that:
There were issues this week with the signal at Hwy 99 and Pine. There were wires
cute while preparing for the rail crossing. Knife River will be working on the Twin
Creeks Crossing next week.
Information Technology Director Jason Richardson attended a shake alert meeting.
SORC and their dispatch team along with other emergency services will be working
together to get out advance notification to first responders.
XII. EXECUTIVE SESSION - ORS 192.660 (2)(e) Real Property Transactions
A. Motion to: Adjourn to Executive Session Under ORS 192.660(2)(e) Real Property
Transactions.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Quilty, Ward II
SECONDER: Brandon Thueson, Ward III
AYES: Williams, Dingler, Quilty, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
XIII. ADJOURNMENT
The foregoing minutes of the August 23, 2018, Council meeting were approved by the City
Council at its meeting of September 13, 2018.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Second Reading of Ordinance No. _______, 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 2nd 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
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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.
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STAFF RECOMMENDATION:
Consider the proposed amendments to the Zoning Text and adopt the ordinance, 2) make
revisions and adopt the ordinance, or 3) deny the ordinance.
RECOMMENDED MOTION:
Adopt the ordinance approving the miscellaneous TOD Text Amendments.
ATTACHMENTS:
1. PC Resolution 857 Approvingh amendments to CPMC 17.65 and 17.67
2. Attachment B - City Council Ordinance.pdf
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7.A.a
Packet Pg. 15 Attachment: PC Resolution 857 Approvingh amendments to CPMC 17.65 and 17.67 (2018-1550 : Miscellaneous TOD Zoning Text Amendments
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Packet Pg. 16 Attachment: PC Resolution 857 Approvingh amendments to CPMC 17.65 and 17.67 (2018-1550 : Miscellaneous TOD Zoning Text Amendments
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Packet Pg. 17 Attachment: PC Resolution 857 Approvingh amendments to CPMC 17.65 and 17.67 (2018-1550 : Miscellaneous TOD Zoning Text Amendments
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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.
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(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
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Second Reading of Ordinance No. ______, 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 2nd 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.
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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. The public hearing conducted by the City
Council did not reveal any additional concerns about traffic.
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.
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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:
Consider the proposed amendment to the Zoning Map and 1) adopt the ordinance, 2)
make revisions and adopt the ordinance, or 3) deny the ordinance.
RECOMMENDED MOTION:
Adopt the ordinance approving the Bigham Drive Minor Zone Map Amendment.
ATTACHMENTS:
1. Attachment A - Planning Commission Resolution 855
2. Attachment B - City Council Ordinance.pdf
7.B
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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
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Packet Pg. 32 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.
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ATTACHMENT “A”
Figure 1. Current Comprehensive Plan Map
Figure 2. Current Zoning Map
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Figure 3. Proposed Zone Map Change
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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
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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.
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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).
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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.B.a
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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.B.a
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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.B.a
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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.B.a
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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.B.a
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(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.B.a
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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.B.a
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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.B.a
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(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.B.a
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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.B.a
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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.B.a
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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.B.b
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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.B.b
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Second Reading of Ordinance No. _____, 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 2nd 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.C
Packet Pg. 84
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. Local utilities were notified to
verify whether or not an easement(s) should be reserved and none have responded with
requests for easement reservations.
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.
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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:
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:
Approve 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
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7.C.a
Packet Pg. 87 Attachment: ATTACHMENT A - Application/Petition to Vacate Alley Right-of-Way (1030 : School District Alley Vacation)
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Packet Pg. 88 Attachment: ATTACHMENT B - Graphic Illustration of the subject property (1030 : School District Alley Vacation)
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Packet Pg. 89 Attachment: ATTACHMENT C - Legal Descriptions (1030 : School District Alley Vacation)
7.C.c
Packet Pg. 90 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.
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Packet Pg. 91 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
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Packet Pg. 92 Attachment: VACATION ORDINANCE 8-23-2018 [Revision 1] (1030 : School District Alley Vacation)
ATTACHMENT “D”
EXHIBIT “A”
LEGAL DESCRIPTION
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Packet Pg. 93 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
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Packet Pg. 94 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:
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Packet Pg. 95 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: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Second Reading Ordinance No. ______, 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 2nd 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
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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:
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Consider the proposed amendment to the Zoning Map and 1) approve the ordinance, 2)
make revisions and approve the ordinance, or 3) deny the ordinance.
RECOMMENDED MOTION:
Adopt the ordinance approving the Scenic Avenue Minor Zone Map Amendment.
ATTACHMENTS:
1. Attachment A - Planning Commission Resolution 856
2. Attachment B - City Council Ordinance.pdf
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Packet Pg. 99 Attachment: Attachment A - Planning Commission Resolution 856 (2018-1549 : Scenic Avenue Minor Zone Map Change (ZC-18004))
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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.
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Packet Pg. 158 Attachment: Attachment B - City Council Ordinance.pdf (2018-1549 : 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
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: September 13, 2018
SUBJECT: Resolution No. _______, A Resolution Regarding Policy for Recreation
Classes and City Events in Regards to Air Quality
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Three out of the last four summers, the City has experienced
reduced air quality conditions due to wildfires occurring in the region. At times, the air quality
has deteriorated to unhealthy levels, and on a few occasions, has become hazardous to public
health. Unhealthy and hazardous air quality conditions have prompted the City to cancel a
number of events/classes to ensure residents are not negatively impacted by poor air quality.
Given the probability that summertime air quality may continue to be an issue, city staff is
recommending that City Council adopt a policy on when canceling city-sponsored events due to
poor air quality conditions is appropriate. Inasmuch, city staff has put together a list of
recommendations on when to cancel classes/events, based upon the air quality indexes (index
is attached). Specifically, an air quality measurement of 150 or more will result in immediate
cancelation of classes or events.
FINANCIAL ANALYSIS:
Cancellation of city-sponsored events could reduce revenues on an insignificant level.
LEGAL ANALYSIS: n/a
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The Central Point City Council is committed to protecting the health and welfare of all Central
Point Residents and Visitors.
STAFF RECOMMENDATION: Approval of the resolution adopting an air quality policy for
Central Point events and classes.
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RECOMMENDED MOTION: I move to approve a resolution establishing an air quality policy for
Central Point public events and classes.
ATTACHMENTS:
1. Air Quaity Policy 8-17-18 (2)
2. Revised Air Quality Reso
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Central Point Parks and Recreation Department
Air Quality Policy
August 17, 2018
This policy provides guidance for Central Point Parks and Recreation staff when outdoor air
quality is impacted. It is the purpose of this policy to: (1) identify action levels based on Oregon
Department of Environmental Quality (ODEQ) Air Quality Monitoring Data readings posted at
https://oraqi.deq.state.or.us/home/map, (2) outline procedures aimed at reducing program
participants’ exposures to unhealthy outdoor air and (3) establish a protocol to cancel or
reschedule department recreation programs and city sponsored special events when appropriate.
When the ODEQ Air Quality Index (AQI) data at the Medford Welch and Jackson Station
is between 1-100 (Good and Moderate), recreation and city sponsored special events operating
status for outdoor activities will be at the discretion of parks and recreation department staff.
Measurements between 101-150 (Unhealthy for Sensitive Groups) may result in modified
activities and reduced physical intensity and/or duration for outdoor recreation activities and city
sponsored special events at the discretion of parks and recreation staff. For staff, outdoor duties
may be modified with increased rest periods throughout time of reduced air quality.
Measurements above 150 (Unhealthy to Hazardous) will result in mandatory cancellation of all
outdoor recreation activities and/or city sponsored special events. Activities and/or city
sponsored special events may be moved inside if space is available. For staff, outdoor duties will
be modified with increased rest periods throughout time of reduced air quality.
Measurements above 200 (Hazardous) will result in mandatory cancellation of all outdoor
activities and city sponsored special events. For staff, outdoor duties will be suspended and
indoor only duties will continue in accordance with supervisor and work needs. The following
day or when AQI drops below 200, outdoor recreation activities may resume at modified levels
with Park and Recreation staff approval.
Because air-quality readings can rapidly fluctuate, vary from one part of the city to another, or
can go offline for extended periods, Park and Recreation staff and recreation instructors are
authorized to use discretion when evaluating air quality conditions at recreation and city
sponsored special event venues based on factors such as visibility, smell, duration of exposure,
and wind patterns.
When recreation programs are canceled ahead of the scheduled start time, registered participants
are to be contacted via phone or email. When city sponsored special events are canceled and
recreation facilities are closed, notifications will be posted on social media and the Parks and
Recreation website, and signs will be posted when appropriate at event locations. The Park and
Recreation Director or his/her designees are responsible for these notifications, as well as
informing affected Parks and Recreation staff.
7.E.a
Packet Pg. 162 Attachment: Air Quaity Policy 8-17-18 (2) (1037 : Air Quality Policy)
Res. No.___________; September 13, 2018 Page 1
RESOLUTION NO. ______________
A RESOLUTION REGULATING POLICY FOR RECREATION CLASSES AND OUTDOOR
CITY EVENTS WITH REGARD TO AIR QUALITY.
Recitals:
A. The City has experienced reduced air quality conditions due to wildfires over the past
several summers.
B. The City of Central Point has had to cancel classes and events because of unhealthy air
quality associated with regional wildfires.
C. Historically, city staff has canceled city-sponsored classes and outdoor events based on
judgment versus policy.
D. The City Council finds that it is in the best interest of the public and city staff to establish
clear guidelines as to modification or cancellation of outdoor events due to air quality.
The City of Central Point resolves as follows:
Section 1. The proposed air-quality policy would set parameters for when classes and outdoor
events are canceled or modified due to unhealthy atmospheric conditions.
Passed by the Council and signed by me in authentication of its passage this _____ day
of September 2018.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
7.E.b
Packet Pg. 163 Attachment: Revised Air Quality Reso (1037 : Air Quality Policy)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Resolution No. _______, Identifying the City of Central Point as the
Responsible Entity (RE) and maintaining the written record of the
environmental review undertaken for the Willow Glen Apartments Project
Based Vouchers.
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Willow Glen is a 74 unit apartment complex located on 4.09 acres at 1200 Cherry Street in
Central Point, Oregon. The complex was built in 1995, funded by a State Low Income Housing
Tax Credit program and private-permanent financing. In 2012 the Housing Authority of Jackson
County (HAJC) formed an Oregon LLC, acquired interest in the complex and is converting 18 of
the 74 units into Section 8 Project Based Vouchers (PBVs). Willow Glen is to remain affordable
to households at 60% area median income through January 1, 2033.
The City of Central Point wishes to facilitate increased available affordable housing by
supporting HAJC projects that will use funds from the United States Department of Housing and
Urban Development (HUD). HUD-assisted projects must be examined to ensure that a project
does not adversely impact the environment and that conditions on the project site will not
adversely affect occupants. No new ground disturbance, vegetation removal or structural
changes to the buildings are expected to occur.
The HAJC hired Diane Barr of Camas Consulting to prepare the environmental review for a
Rental Assistance Project that is Categorically Excluded subject to Title 24, Code or Federal
Regulations (CFR) Section 58.5. An Environmental Review Process flow chart is attached to
this staff report (Attachment A) to give the City Council a better idea of the consultant’s review
process. Once Ms. Barr completed the statutory check-list she determined that
compliance/consultation with regulatory authorities was NOT required, which converted the
project to an exempt status, and completed the environmental review.
Consequently, staff recommends the City can safely assume responsibility for the
environmental review on behalf of the HAJC. Attachment B is a Resolution that references the
Environmental Review Record as “Exhibit A”. This Exhibit has been prepared by Camas
Consulting and may be signed by the City Manager at the Council’s direction.
7.F
Packet Pg. 164
FINANCIAL ANALYSIS:
The HAJC paid for environmental consulting services and the only other costs incurred by the
City are for legal consultation with the City Attorney and staff in-kind assistance in coordinating
with the consultant and HAJC in the preparation of this staff report.
LEGAL ANALYSIS:
The City Attorney has reviewed this request by HAJC and provided the appropriate direction to
Planning staff. An independent environmental consultant has conducted the NEPA review
consistent with Title 24, CFR Section 58.5 and determined the project to qualify for an exempt
status thus completing environmental review.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Managed Growth and Infrastructure, Goal 2 - Maintain City of Central Point’s small town feel
and family orientation even as we grow. Strategy b. Create affordable housing options for
families.
STAFF RECOMMENDATION:
Approve Resolution No. ___ A Resolution Identifying the City of Central Point as the
Responsible Entity Maintaining the Written Record of Environmental Review for Willow Glen
Apartments Project Based Vouchers.
RECOMMENDED MOTION:
Approve Resolution No. ___ A Resolution Identifying the City of Central Point as the
Responsible Entity Maintaining the Written Record of Environmental Review for Willow Glen
Apartments Project Based Vouchers.
ATTACHMENTS:
1. Willow Glen EA Flow Chart - Attachment A
2. Revised Reso CP as Responsible Entity
7.F
Packet Pg. 165
7.F.a
Packet Pg. 166 Attachment: Willow Glen EA Flow Chart - Attachment A (1039 : Resolution to be Responsible Entity for Willow Glen EA)
RESOLUTION NO. __________
A RESOLUTION IDENTIFYING THE CITY OF CENTRAL POINT AS THE
RESPONSIBLE ENTITY MAINTAINING THE WRITTEN RECORD OF
ENVIRONMENTAL REVIEW FOR WILLOW GLEN APARTMENTS PROJECT
BASED VOUCHERS (PROJECT NO. WG2018).
WHEREAS, the City was approached by the Housing Authority of Jackson County (HAJC) to
assume responsibility for environmental review of a HUD based grant to assist the HAJC in
increasing affordable housing; and
WHEREAS, HUD regulations allow the City to assume responsibility for environmental reviews
as governed by Title 24 Code of Federal Regulations (CFR) Section 58.5; and
WHEREAS, an environmental consultant was hired by HAJC to prepare the environmental
review for a Rental Assistance Project that is Categorically Excluded subject to Title 24, Code of
Federal Regulations (CFR) Section 58.5; and
WHEREAS, CAMAS Consulting completed the statutory check list and determined that
compliance/consultation with regulatory authorities was NOT required which converted the
project to an exempt status and completed the environmental review.
WHEREAS, the City Council of the City of Central Point deems that the necessity, convenience
and the general welfare of the public will benefit by this arrangement with HAJC;
THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS:
Section 1. The City Council on behalf of the City of Central Point agrees to be the Responsible
Entity who maintains the written record of the environmental review (Project No. WG2018)
undertaken for the Willow Glen Apartments Project Based Vouchers conducted by the HAJC.
Section 2. The City Council directs the City Manager to sign and maintain the Environmental
Review Record (Exhibit “A”) following the adoption of this resolution.
Section 3. This Resolution shall take effect immediately from and after its passage and
approval.
PASSED by the City Council and signed by me in authentication of its passage this
______day of __________, 2018.
___________________________________
Mayor Hank Williams
ATTEST:
___________________________________
City Recorder
7.F.b
Packet Pg. 167 Attachment: Revised Reso CP as Responsible Entity (1039 : Resolution to be Responsible Entity for Willow Glen EA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: September 13, 2018
SUBJECT: Peninger Fire Restoration Project Letter of Support
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Jackson County Soil & Water Conservation District is requesting letters of support for the
Peninger Fire Restoration Project. The project will include restoration of habitat and riparian
areas that were impacted during the Peninger Fire, but will also involve vegetation management
of surrounding areas of concern. Participating public agencies/partners include The Oregon
Department of Transportation, Jackson County, Rogue Valley Council of Governments, The City
of Central Point and the Jackson County Soil and Water Conservation District. As previously
discussed by the city council, city staff should explore any steps that can be taken to reduce the
potential for public safety impacts and private property damage associated with a Bear Creek
Greenway Fire
FINANCIAL ANALYSIS:
As described in the attached “draft” letter of support, the City Manager is recommending that a
project contribution of $25,000 be considered by the Central Point Budget Committee and
Central Point City Council During the 2019-2021 Budget Process. If appropriated, the Central
Point contribution would be focused on the later project phases which primarily focus on
removal of combustible vegetation.
LEGAL ANALYSIS:
Proactive vegetation management and restoration of the areas surrounding the Bear Creek
Greenway help mitigate the risks to the public and private property from wildland fire.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The Peninger Fire Restoration Project aligns with our organizational mission “…to build and
maintain a highly livable community by working in harmony and being a catalyst for partnership
with all members of the community, public and private” (City of Central Point Strategic Plan –
2020 Vision).
8.A
Packet Pg. 168
STAFF RECOMMENDATION:
Staff recommends approval of a motion authorizing the city manager to provide a letter of
support to the Jackson County Soil and Water Conservation District regarding their Peninger
Fire Restoration Project.
RECOMMENDED MOTION:
I move to authorize the city manager to provide a letter of support to the Jackson County Soil
and Water Conservation District regarding their Peninger Fire Restoration Project.
ATTACHMENTS:
1. Peninger Fire Restoration Project Attachment Information
8.A
Packet Pg. 169
September 18, 2018
To: Jackson Soil and Water Conservation District
89 Alder St
Central Point, OR 97502
Subject: Support for the Peninger Fire Restoration Project
Dear JSWCD Funds Committee,
The City of Central Point would like to express our support for the Peninger Fire Restoration
Project in Central Point, OR. This project will involve reseeding approximately 88 acres of
upland, private land, and seeding and planting over 35 acres of riparian, public land. Other project details include invasive species removal and stream monitoring.
This project aligns with our organizational mission “…to build and maintain a highly livable
community by working in harmony and being a catalyst for partnership with all members of
the community, public and private” (City of Central Point Strategic Plan – 2020 Vision).
During the 2019-2021 budget process (January to June 2019), the Central Point Budget
Committee and City Council will consider a Peninger Fire Restoration Project
contribution/budget appropriation of $25,000. If approved, these funds would become available on July 1, 2019, and would be directed towards the proposed project which will
provide benefit to invasive species control, erosion control, riparian vegetation, wildlife
habitat, and public safety.
Thank you for your consideration,
____________________________________________
Christopher S. Clayton City Manager
City of Central Point
541-423-1018
Chris.clayton@centralpointoregon.gov
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Administration Department
Chris Clayton, City Manager
Deanna Casey, City Recorder
Elizabeth Simas, Human Resources Director
8.A.a
Packet Pg. 170 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration Project Letter of Support)
Bear CreekMingus CreekPENINGER RDINTERSTATE 5 SBINTERSTATE 5 NBUPTON RDE PINE ST GEBHARD RDBEEBE RDEXIT 33 NB ONVISTA DRHAMRICK RDEXIT 33 SB ONLARA LNEXIT 33 SB OFFEXIT 33 NB OFFWILSON RDHERMOSA DRHAZEL ST
HAWK DRPHEASANT WYTWIN ROCKS DRMOUNTAIN AVLA RUE DR BLUE SKY WYHAZEL CT
U P T O N R D
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community
Peninger Fire & Surroundings Treatment Map
¯1 inch = 941 feet
Taxlots
Streams
PondPeninger FireUnits
Burn Unit 1
Burn Unit 2
Burn Unit 3
Burn Unit 4
Burn Unit 5
Burn Unit 6
Burn Unit 7
Unburned Units
Expo/Land LabProjects
Unit 1
Unit 2
Unit 3
Unit 4
Tie in to Land LabProject
Land Lab ProjectAddl TreatmentAreas
Addl Expo Unit
Later Restoration
0 470 940235Feet
For reference purposes only. Elements not authoratative or precise.
89 Alder StreetCentral Point, OR 97502(541)-423-6159www.jswcd.org
Clint Nichols541-423-61808/22/20178/16/2018
CONTACT:
UPDATED:CREATED:
AUTHOR:
Removal Costs==================================Peninger Fire Units = $25,820Expo Fuels Reduction Replanting = $18,100Addl. Expo Unit = $17,800Later Restoration = $43,400
Total Cost = $105,120
Plant Costs==================================Peninger Fire Units = $105,142Expo Fuels Reduction Replanting = $6,806Addl. Expo Unit = $0Later Restoration = $9,120
Total Cost = $121,068
Total Project Cost = $226,188
Treatment Zones==================================Peninger Fire Units = 35.2 ac.Expo Fuels Reduction Replanting = 15.4 ac.Addl. Expo Unit = 8.9 ac.Later Restoration = 21.7 ac.
Total Acres = 82.2
8.A.a
Packet Pg. 171 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration Project Letter of Support)
Bear CreekJACKSON COUNTYU S CELLULAR - MEDFORD ROGUE VALLEY FAMILY FUN
NAUMES INC
OREGON STATE OFOREGON STATE OF
NAUMES INC
PICOLLO FAMILY LLC
PEOPLE'S BANK OF COMMERCE
WAL-MART STORES INC SHEPHERD OF THE VALLEY CATHJACKSON COUNTY
J
A
C
K
S
O
N C
O
U
N
T
Y
NISTLER MICHELLECALLAHAN TERRIE Z/HARLEY LBEEBE RDGEBHARD RDE PINE ST
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community
Bear Creek Properties Affected by the Peninger Fire
¯1 inch = 358 feet
Taxlots
Streams
Peninger FireUnits
Burn Unit 1
Burn Unit 2
Burn Unit 3
Burn Unit 4
Burn Unit 5
Burn Unit 6
Burn Unit 7
Unburned Units
0 180 36090Feet
For reference purposes only. Elements not authoratative or precise.
89 Alder StreetCentral Point, OR 97502(541)-423-6159www.jswcd.org
Clint Nichols541-423-61808/22/20178/16/2018
CONTACT:
UPDATED:CREATED:
AUTHOR:
8.A.a
Packet Pg. 172 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration Project Letter of Support)
Fall 18 Winter 18-19 Spring 19 Fall 19 Winter 19-20 Spring 20 Fall 20 Winter 20-21
TASKS:
Spot treatments in burn areas and other
areas of previous removal
FUNDING:
Pacific Power Application Due
$ TBD OWEB funds available
TASKS:
Spot treatments, erosion control, willow staking,
seeding in burn area. Addl. treatments as funds
allow.
FUNDING: $20k JSWCD
$5-10K FD3 $2-5K BCWG
$ TBD ODOT $ TBD JaCo
OWEB Application Due
Peninger Fire Restoration Timeline
TASKS: Removal in untreated
areas, spot treatments in treated areas
FUNDING:
Pacific Power funds available
TASKS: Tree/shrub planting in
burn areas
TASKS:
Spot treatments across all treated
areas
TASKS:
Tree/shrub planting in additional treated
areas, entering maintenance mode
TASKS: Spot treatments
across all treated
areas
8.A.a
Packet Pg. 173 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration
August 29th 2018 Peninger Fire
Partners Meeting
Jackson County Expo & Fairgrounds, 1 Peninger Way,
Central Point
9:00 to 9:15- Introductions
9:15 to 9:45- Project Presentation
• Peninger Fire vital stats:
o July 14th just after 4pm
o ~100 acres, mostly on private undeveloped land
o Transient campfire suspected cause
o One confirmed fatality
o 3 homes and one outbuilding damaged, 5 outbuildings destroyed
• Reason this project is timely and appropriate now
o Immediate erosion concern along Bear Creek
o Larger than expected salmon run this year
o Opportunity to seize on the removal of invasive plants
o Increased wildfire concern among the community
o Public safety, public health concerns due to transient activity
• Review map of the burn units
• Review map of unburned units
• Discuss further restoration beyond the Peninger Fire
9:45 to 10:15- Methods of Restoration
• Develop a method to address the immediate concerns along Bear Creek
o Erosion control materials
o Willow stakes
o Native grasses or fall germinating non-native species
• Long term restoration
o Use of willows
o Fire resistant native species
o Balancing planting densities with discouraging transient traffic
o Ongoing maintenance
10:15 to 10:45- Partner Roles & Investments
• Define roles for partners
o Jackson SWCD- technical development, landowner outreach
o RVCOG- technical development, grant writing & management
8.A.a
Packet Pg. 174 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration Project Letter of Support)
o ODFW- regulatory oversight, technical input
o ODOT- Cooperator, funding/match source
o JaCo Parks & Sheriff- Coop, funding/match source, regulatory oversite
o FD3- technical input, funding source
o Lomakatsi Restoration Project- technical input, contractor services
o Strauss Ecological Services- technical input, contractor services
o OWEB- funding source
o Pacific Power- funding source
o Bear Creek Working Group- funding source
• Proposed grant funding opportunities
o Jackson SWCD- $20k, application Sept., funds available Sept.
o Jackson SWCD- $ TBD, match labor, proj. planning, seeding
o Fire District 3 - $5-10K, available now
o Bear Creek Working Group- $2k-5k, available this fall
o ODOT- $ TBD, match or cash, availability TBD
o JaCo- $ TBD, match or cash, availability TBD
o JaCo Sheriff Dept.- $ TBD, match or cash, availability TBD
o ODFW- Native/introduced seed as match material
o OWEB Open Sol.- $ TBD application Oct., funds available spring
o Pacific Power- $ TBD, application late winter, funds available spring
8.A.a
Packet Pg. 175 Attachment: Peninger Fire Restoration Project Attachment Information (1036 : Peninger Fire Restoration Project Letter of Support)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: September 13, 2018
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
The following item was presented by staff and discussed by the Planning Commission at its
regular meeting on September 4, 2018.
A. A Public Hearing to consider a Master Plan for the Chicory Village residential
development on 3.64 acres in the Transit Oriented Development (TOD) Corridor. The project is
located at 3428 and 3470 Chicory Lane in the Low Mix Residential (LMR) zoning district and is
identified on the Jackson County Assessor’s Map as 37 2W 11C, Tax Lots 8300 and 8400.
Applicant: Bob Fellows Construction, Agent: Jay Harland, CSA Planning (File No. MP-18001).
The Planning Commission opened a public hearing to discuss the Master Plan but limited this
discussion to the staff presentation due to a request by the applicant to continue the item until
October until five of the eight review criteria could be resolved with planning staff.
B. A Public Hearing to consider a Tentative Plan for a 22-lot Subdivision known as Chicory
Village. The project site consists of 3.64 acres and is located in the Transit Oriented
Development (TOD) Corridor in the Low Mix Residential (LMR) zoning district. The property is
identified on the Jackson County Assessor’s Map as 37 2W 11C, Tax Lots 8300 and 8400.
Applicant: Bob Fellows Construction, Agent: Jay Harland, CSA Planning (File No. SUB-18003).
The Planning Commission opened a public hearing to discuss the subdivision but limited this
discussion to the staff presentation due to a request by the applicant to continue the item until
October until five of the eight review criteria could be resolved with planning staff.
C. A Public Hearing to consider a Tentative Plan for a 4-lot Padlot Subdivision. The project
site consists of 0.39 acres and is located in the R-2, Residential Two-Family Zoning District and
is identified on the Jackson County Assessor’s Map as 37 2W 01BC, Tax Lot 5300. Applicant:
David Sanders, Agent: Farber Surveying (File No. SUB-18004). The Planning Commission
conducted a public hearing to discuss this residential infill property originally intended to be
developed with the Parkwood Village Subdivision. The applicant’s agent was present to explain
easement issues that are expected to be resolved with the adjoining Home Owner’s Association
(HOA) in order to provide adequate access to the new lots. A representative from the HOA
expressed his desire to work with the applicant and another nearby homeowner expressed
concern about parking in the immediate area. The Commission voted to approve the tentative
8.B
Packet Pg. 176
plan with three conditions associated with property access, an agreement with the HOA and
complying with local agency requirements.
8.B
Packet Pg. 177