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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, December 12, 2019
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Melody Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1602) Ord (2063)
__________________________________________________
Swearing In of Ward III Council Member Melody Thueson
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 November 14, 2019 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
A. First Reading and Public Hearing - An Ordinance Amending CPMC Chapter
15.04, Building Code to Comply with Updates and References to New State
Code (Humphrey)
B. Zoning Text Amendments in various sections of the Zoning Ordinance to
eliminate barriers to ADUs, comply with ORS 197.312, and provide more
affordable housing options in the City. (Holtey)
VIII. ORDINANCES, AND RESOLUTIONS
A. Consideration of Jail Service District (Dreyer)
B. Resolution No. ______________, Approving a Jackson County Order to Initiate
Formation of a Jackson County Law Enforcement Service District and
Consenting to the Inclusion of City Territory Within the Boundaries of the District
(All Cities) (Clayton)
C. System Development Charge Agreement - South Haskell Street Extension in
Chickory Village (Samitore)
IX. BUSINESS
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION - ORS 192.660(2)(i) Employee Evaluations
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.
XV. 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, November 14, 2019
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
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Also present were City Manager Chris Clayton, Parks and Public Works Director Matt
Samitore, City Attorney Sydnee Dreyer, Community Development Director Tom
Humphrey, Community Planner Justin Gindlesperger, Police Lt. Greg Bruce and City
Recorder Deanna Casey.
IV. SPECIAL PRESENTATIONS
1. SOREDI Update
SOREDI representative Rob Merriman stated that SOREDI just finished their
Strategic Plan. They held 50 hours of public meetings over the last six months. The
final report will be posted on their website early next week. The Plan has data and
comparisons with other communities of similar size. They completed a targeted
industry analysis regarding what industries are compatible with our area and how to
recruit those companies.
V. PUBLIC COMMENTS
Julian Cordle with Jr. Comet sports and a couple of volunteers updated the Council on
the fall soccer season. They explained how many age groups they cover and how many
teams they were able to provide this year. These weekly games are a great economic
boost for Central Point. They stated that the program is mostly ran by volunteers, and
they train young referees that live in the area. This helps develop the individuals into
good community members.
VI. CONSENT AGENDA
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RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
A. Approval of October 24, 2019 City Council Minutes
Mike Parsons moved to approve the consent agenda as presented.
VII. ORDINANCES, AND RESOLUTIONS
A. Second Reading - Ordinance No. ________, Amending Central Point Municipal
Code Section 12.36 in part regarding Trees
City Attorney Sydee Dreyer stated that this is the second reading of an Ordinance to
amend Chapter 12.36 regarding trees. The amendments 1) better define nuisance
trees to include those trees that drop acorns or fruit in the right-of-way, 2) provide
private property owners a right to request a permit to remove such nuisance trees;
and 3) better clarification of the city’s right, but not requirement, to require removal of
nuisance and hazardous trees.
Council Member Neil Olsen stated that he loves trees but they can be a lot of work.
He suggested 12.36.050 review criteria item B move “a hazardous tree or shrub”
down to item D next to nuisance tree, and 12.36.040 A, should say that it is the cities
burden to prove their case, not the applicants.
Staff explained that the applicant should have the burden of proof. If the city wants
the tree removed they would have to meet the criteria, if the home owner wants to
have the tree removed they should have the burden of proof. We have many options
for people to have a tree removed, but the city would be the decision maker, it
doesn’t make sense to have the city prove the criteria has been met. There are
options for overturning a decision within the process. If the city denies an application
we would have the responsibility to prove why we made our decision.
Mrs. Dreyer explained the recommended change for 12.36.050 B. would read: The
tree is in conflict with public improvements such as public utilities, sidewalks, public
areas, or rights of way; and D would read: The tree is deemed a nuisance tree or a
hazardous tree or shrub as defined in this chapter. Mr. Olsen agreed this was the
change he recommends.
Neil Olsen moved to approve Ordinance 2062, An Ordinance Amending Central
Point Municipal Code Section 12.36 in Part Regarding Trees with the
recommended amendments to 12.36.050 as discussed above.
RESULT: APPROVED AS AMENDED [UNANIMOUS]
MOVER: Neil Olsen, Ward I
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
B. Resolution No. ________, Accepting the Lowest Responsible Bid from Pilot
Rock Excavation, Inc. for the Rostel-Cedar Street Storm Drain Project and
Authorizing the City Manager to Execute a Contract
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Parks and Public Works Director Matt Samitore explained that the city conducted a
formal bidding procedure for the Rostel Street -Cedar Street Storm Drain project.
The city received two bids with the low bid coming from Pilot Rock Excavation. The
storm drain system in this area was illegally connected to the Sanitary Sewer
System. RVSS replaced the sewer line this past spring, leaving the street with no
storm water drainage facilities. The project extends from the intersection of Rostel
and Cedar to Freeman Road. The funding for this project was approved in the
2019/2021 budget.
Rob Hernandez moved to approve Resolution No. 1601, A Resolution
Accepting the Lowest Responsible Bid from Pilot Rock Excavation, Inc., for the
Rostel-Cedar Street Storm Drain Project and Authorizing the City Manager to
Execute a Contract.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
C. Resolution No. ________, A Resolution Accepting the Property Line
Adjustment Agreement with the School District for new sidewalks adjacent to
the Maker's Space
Mr. Samitore explained that the city has been working with the School District to
extend the North Front Streetscape Improvements adjacent to the MakerSpace
property. We have been working with the attorney for the school district. However we
need to have a dedication of the proposed property before a resolution is approved.
RESULT: FOR DISCUSSION ONLY
VIII. BUSINESS
A. Planning Commission Report
Community Development Director Tom Humphrey presented the November 5, 2019
Planning Commission Report:
The Commission approved a Site Plan and Architectural Review application
for the development of a 2,345 square foot oil change facility and a 4,971
square foot automated car wash, including parking, payment kiosks, vacuum
stations and landscaped areas. The project site is located at 4245 Table
Rock Road.
The Commission recommended approval of text amendments to various
sections of the Zoning Code related to Accessory Dwelling Units (ADU’s) and
Accessory Structures. Planning staff explained new state legislation for cities
between 10,000 and 25,000 and then presented the cities proposed code
amendments in response to these requirements. The cities intent is to create
options for affordable housing.
There was discussion regarding the recommended ADU amendments. There are
also requirements to allow duplexes in single family residential zones. We are not
currently prepared to make recommendations for that requirement until after the
UGB amendment has been approved.
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RESULT: FOR DISCUSSION ONLY
B. Final Design for Dennis Richardson Memorial
Mr. Samitore updated the Council on the features the Richardson family approved for
the memorial. There will be water features, a red, white, and blue color theme. The
red and white will be associated with the trees, and the blue will be the marble in the
benches. We are in the process of getting a total cost estimate. We have been told
that there are several organizations that may be able to help with the cost of the
project.
Mr. Clayton stated that the project was discussed at the Veterans Day service last
week and the public seemed enthusiastic about the design.
RESULT: FOR DISCUSSION ONLY
C. Floodplain Management Update
Community Planner II Justin Gindlesperger provided the Council with a brief
overview of the city’s floodplain management program. He explained the National
Flood Insurance program and what the city has done to provide home owners with a
discounted rate. He explained the Community Rating System. Central Point is rated
6 and we are always trying to improve that number. There is a five year verification
and recertification coming in 2021. We are working on a hazard mitigation plan that
includes floods and revised flood insurance rates.
RESULT: FOR DISCUSSION ONLY
D. Council Member Ward III Appointment
Mr. Clayton explained that the Ward III position became vacant when Brandon
Thueson was appointed as a Josephine County Judge. The application deadline was
November 5, 2019. We received one application. Melody Thueson is familiar with the
projects going on in the city and has a good idea of the political process of being a
Council Member. Mr. Clayton and Mayor Williams interviewed Mrs. Thueson last
week.
Mayor Williams stated that he would like to appoint Melody Thueson as the Ward III
Council member. Her first meeting will be December 12, 2019 if confirmed by the
Council.
Mike Parsons moved to appoint Melody Thueson as the Ward III Council
member with a term ending December 31, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
IX. MAYOR'S REPORT
Mayor Williams reported that he:
Attended the Water Commission meeting.
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Attended the TRADCO meeting.
Attended the Thanksgiving Day lunch here at City Hall.
Attended the Veterans Day Commemoration ceremony at the War Memorial.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
The Strategic Plan Community Forum will be on Monday night at Twin Creeks
Retirement Center. Invitations have been sent out to stakeholders. We are asking
each Council member to take one of the five strategic priorities and listen to how the
group dialog goes.
The City has received a complaint regarding the noise level of the concert at the
Expo on Tuesday night. Unfortunately our agreement with the Expo does not cover
events that are not held in the amphitheater.
We have also received a complaint about the smoke from Mary’s BBQ. This is not an
environmental issue. DEQ does not consider BBQ smoke as hazardous. We will
monitor the situation for any future issues.
We have had concerns about the Haskell and Pine intersection. This has always
been an issue for school days with traffic and pedestrians. We were hoping that the
Twin Creeks Rail Crossing would alleviate some of the problems. We are looking at
signal changes for the future.
The Single use plastic bag ban goes into effect January 1st. We will provide a
reminder in the next newsletter.
LOC will be providing municipal basics training in the Central Point Council
Chambers on December 11th.
We had a large attendance at the Veterans Day Commemoration.
He has seen the latest concept for the Community Center. It is coming along nicely
an should be a hit with the community.
XI. COUNCIL REPORTS
Council Member Rob Hernandez reported that:
He attended the SOREDI roll out for their Strategic Plan.
He attended the Study Session.
Council Member Kelley Johnson attended the Study Session.
Council Member Taneea Browning reported that:
She attended Study Session on the Strategic Plan.
She attended Community Center Ad Hoc Committee meeting.
She attended the Veterans Day commemoration.
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Council Member Michael Parsons reported that:
He attended the Veterans Day Commemoration.
He attended the Study Session.
He attended the Thanksgiving day celebration.
He attended two Jail Advisory Committee meetings.
Council Member Neil Olsen reported that:
He attended the Community Center Adhoc Committee meeting.
He has been concerned about the smoke from Mary's BBQ in the past.
He spoke to a lady who lives in Cascade Meadows. She is afraid of Haskell going
through to Beall Lane.
He attended the Study Session.
XII. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
He attended the roll out meeting for the Airport Master Plan.
There will be a Destination Boot Camp follow up conference call next week.
There has been a snag in the Transportation portion of the UGB Application. Staff is
working with RVCOG to get this wrapped up and moving.
Police Lt. Greg Bruce reported that the two new recruits are doing great in the Academy
in Salem.
Parks and Public Works Director Matt Samitore reported that:
He has been working on the Christmas Lights Parade. Council members are invited to
ride with Santa, Ms. Clause, and Mayor Williams.
Staff has been working on the design for the Community Center. Council will review the
new plans in January, and then it will go to all committees and commissions. If the
community is in support, hopefully a resolution to move forward will be approved in the
spring.
IT Director Jason Richardson reported that:
He has been working on the microphones tonight so that Council and the audience can
hear the discussion.
We have almost recovered from the ransom ware attack. There are still a few issues
popping up here and there, but for the most part we did not lose any important
information or documents.
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City of Central Point
City Council Minutes
November 14, 2019
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XIII. ADJOURNMENT
Taneea Browning moved to adjourn. Rob Hernandez seconded. The Council meeting
was adjourned at 8:37 p.m.
The foregoing minutes of the November 14, 2019, Council meeting were approved by the City
Council at its meeting of _________________, 2019.
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: December 12, 2019
SUBJECT: First Reading and Public Hearing - An Ordinance Amending CPMC
Chapter 15.04, Building Code to Comply with Updates and References to
New State Code
ACTION REQUIRED:
Ordinance 1st Reading
RECOMMENDATION:
Approval
AGENDA ITEM:
Consideration of Municipal Code Amendments to Title 15 Buildings and Construction Code to
Conform to State Building Code Revisions and Updates. Applicant: City of Central Point
STAFF SOURCE:
Derek Zwagerman, Building Official
Tom Humphrey, Community Development Director
BACKGROUND:
The Community Development Department periodically updates sections of the Municipal Code
Titles for which it is responsible. Title 15, Buildings and Construction is one such code section
that should be updated based on changes and revisions at the state and national level.
In this case, all of the changes update and correct numerical code references to the Oregon
Structural Specialty Code and the Oregon Mechanical Specialty Code.
ISSUES:
The proposed changes are being advocated by the City’s Building Official who compared the
City’s Code with the latest updates to the Oregon Building Codes. The City Building program
will be evaluated and graded for current references to the Oregon State Codes.
EXHIBITS/ATTACHMENTS:
Attachment “A” - Ordinance No. _____ An Ordinance Amending CPMC Chapter 15.04, Building
Code to comply with updates and references to new state code.
ACTION:
Consider the proposed amendment to the municipal code, and 1) approve the ordinance; 2)
approve the ordinance with revisions; 3) deny the ordinance amendment.
RECOMMENDATION:
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Move to second reading an ordinance amending CPMC Chapter 15.04, Building Code to
comply with updates and references to new state code.
ATTACHMENTS:
1. Chapter 15 Code update
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_____________________________________________________________________________________
1 | Ordinance No. _____; December 12, 2019
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CPMC CHAPTER 15.04, BUILDING CODE TO COMPLY
WITH UPDATES AND REFERENCES TO NEW STATE CODE
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. The Central Point Community Development Department initiated and
recommended approval of a code amendment to CPMC Chapter 15.04
bringing the City’s municipal code into conformance with State Building Code
Revisions and Updates.
C. On December 12, 2019, the City of Central Point City Council held a properly
advertised public hearing; reviewed the Staff Report; heard testimony and
comments, and deliberated on approval of the Municipal Code Amendment.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to CPMC Chapter 15.04, revises language in the City’s
Building and Construction Code to conform with the State Building Code.
Chapter 15.04
BUILDING CODE
15.04.010 Standards applicable to building.
All construction, building, and related activities within the city shall comply with all ordinances of the city
and with the following specialty codes, which by this reference are expressly adopted and incorporated
into this code:
A. The 2019 2014 Oregon Structural Specialty Code based on the International Building Code, 2018 2012
Edition, as published by the International Code Council and amended by the Building Codes Division;
specifically adopting and including Section 109, Fees; permit and plan review fees shall be as per the
building fee schedule as adopted by the city of Central Point; Section 112, Service Utilities; Section 116,
7.A.a
Packet Pg. 12 Attachment: Chapter 15 Code update [Revision 1] (1224 : Title 15 Building and Construction Code Update)
_____________________________________________________________________________________
2 | Ordinance No. _____; December 12, 2019
Unsafe Structures and Equipment; Appendix G, Flood-Resistant Construction; Appendix H, Signs;
Appendix I, Patio Covers; and Appendix J, Grading.
B. The 2019 2014 Oregon Mechanical Specialty Code based on the 2018 2012 International Mechanical
Code and the 2018 2012 International Fuel Gas Code, as published by the International Code Council,
Inc., amended by the Oregon Building Codes Division, with fees as per the mechanical fee schedule
adopted by the city of Central Point.
C. The 2017 Oregon Residential Specialty Code.
D. The 2017 Oregon Electrical Specialty Code.
E. The 2017 Oregon Plumbing Specialty Code.
F. 1994 Edition of the Uniform Abatement of Dangerous Buildings as published by the International
Conference of Building Officials.
G. The 2010 Edition Oregon Manufactured Dwelling Installation Specialty Code.
H. The 2014 Oregon Fire Code based on the 2012 International Fire Code with Oregon amendments.
H. I. 2019 Oregon Zero Energy Ready Commercial Code 2014 Oregon Energy Efficiency Specialty
Code based on ASHRAE Standard 90.1 and the 2018 2012 International Energy Conservation Code.
(Ord. 2038 §1(part), 2017; Ord. 2027 §1(part), 2016; Ord. 1991 §1(part), 2014; Ord. 1953 §1, 2011; Ord.
1938 §1, 2010; Ord. 1904, 2007; Ord. 1857, 2005; Ord. 1853 §1, 2004; Ord. 1832 §1, 2003; Ord. 1807
§1, 2000; Ord. 1798 §1, 1998; Ord. 1781 §1(part), 1997; Ord. 1764 §1, 1997; Ord. 1749 §3, 1996; Ord.
1686 §1, 1993; Ord. 1683 §1, 1993; Ord. 1640 §1, 1990; Ord. 1630 §1, 1990; Ord. 1573 §1, 1986; Ord.
1520 §1, 1984; Ord. 1497 §1, 1983; Ord. 1482 §1, 1982; Ord. 1409 §1(part), 1980; Ord. 1167 §2, 1974).
PASSED by the Council and signed by me in authentication of its passage this ____ day of
January, 2020.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
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Packet Pg. 13 Attachment: Chapter 15 Code update [Revision 1] (1224 : Title 15 Building and Construction Code Update)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Principal Planner
MEETING DATE: December 12, 2019
SUBJECT: Zoning Text Amendments in various sections of the Zoning Ordinance to
eliminate barriers to ADUs, comply with ORS 197.312, and provide more
affordable housing options in the City.
ACTION REQUIRED:
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
On December 13, 2018, by Resolution No. 1560, the City Council approved the Central Point
Housing Implementation Plan (HIP). The HIP is a 5-year housing strategy that was prepared in
response to policies in the Housing Element to evaluate and address housing supply and
affordability concerns in the city. Regulatory reforms to eliminate barriers to housing, including
Accessory Dwelling Units (ADUs), are identified as a high priority in the HIP.
ADUs are smaller independent living units on the same lot as a primary single family dwelling
that can provide more economical housing opportunities for residents, promote efficient use of
land and increased family housing options. The City adopted regulations allowing ADUs in
single family zones in 2006. Since that time, only eighteen (18) ADUs have been permitted for
construction in the City. Common barriers identified over years, include:
Size restrictions result in units that are too small to be desirable;
Off-street parking requirements are difficult to meet; and
System Development Charges (SDCs) are cost prohibitive.
At this time, the City is proposing amendments to various sections of the Zoning Ordinance
addressing ADUs and accessory structures (Attachment “A”). The purpose of the code is
twofold: 1) ease locally relevant barriers to ADUS to increase opportunities for increased
housing supply and affordability; and, 2) comply with ORS 197.312, amended in 2018 and 2019
by SB 1051 and HB 2001, respectively. These laws establish requirements and limits on the
City’s ability to regulate ADUs (Attachment “B”).
Code Amendment Description:
CPMC 17.08, Definitions
Modify definitions for “Accessory Dwelling Unit (ADU)” to match the definition in ORS
197.312. Update the definition for Guest Quarters indicating that guest quarters may be
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interior, attached or detached from the main building.
CPMC 17.60.030, Accessory Buildings
Change setbacks for accessory buildings and temporary structures from three (3) feet from
the furthest protrusion or overhang to five (5) feet from the foundation line consistent with all
other structure types.
CPMC 17.77, Accessory Dwelling Units (ADU)
The proposed changes replace the existing structure and language in this Chapter to
eliminate redundancies with other codes (i.e. Building, Fire, Public Works), and provide
clear and concise standards for this housing type.
Applicability. Add the R-2, Residential Two-Family Zone to the list of zones
that permit ADUs to comply with ORS 197.312. The R-2 zone is the only
zone that currently allows single-family detached housing but doesn’t permit
ADUs.
Floor Area. Increase the maximum floor area from 35% to 50% of the
maximum gross floor area (GFA) of the primary dwelling, or 800 square feet
whichever is less. The 800 square foot maximum is a current standard. The
proposed change allows smaller dwellings to have a more reasonable sized
ADU (e.g. a 1,200 SF dwelling would increase the allowable ADU size from
420 SF to 600SF).
Carriage Unit Exception to Floor Area Limit. Allow carriage units (i.e. ADU
above a detached garage) to exceed the maximum floor area standard.
Setbacks. Reduce rear yard setback for ADUs from 10-ft to 5-ft, consistent
with the revised setback for Accessory Buildings. This change eases barriers
to converting existing accessory buildings to ADUs.
Off-Street Parking. Eliminate requirement for off-street parking as required by
HB 2001 passed on August 8, 2019.
Building Height. The proposed amendments establish a lower building height
(25-ft) for ADUs than allowed in the base zoning districts (35-ft to 60-ft). The
intent of this change is to align the ADU height with accessory buildings and
to mitigate impacts of ADUs on adjacent properties.
CPMC 17.64.040, Table 17.64.02A, Residential Off-Street Parking Requirements
Eliminate off-street parking requirement for ADUs per HB 2001.
CPMC 17.65.050, Table 3, Residential Off-Street Parking, TOD District and Corridor
Eliminate off-street parking requirement for ADUs per HB 2001.
The Planning Commission discussed draft code amendments at the August 6, 2019 and
September 3, 2019 meetings prior to directing staff to schedule a public hearing. A duly noticed
public hearing was held on November 5, 2019 at which time the Planning Commission
forwarded a favorable recommendation to Council to approve the proposed code amendments.
The Planning Commission’s decision considered the Citizen’s Advisory Committee’s
recommendation to approve the amendments with the caveat that they didn’t like elimination of
off-street parking requirements. Additionally, the Planning Commission considered written and
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verbal testimony in opposition to the amendments due to concerns about parking, neighborhood
compatibility, impacts to Covenants, Codes and Restrictions (CC&Rs), viability of the Twin
Creeks Master Plan, and transparency. The comments received are addressed in the Staff
Report dated November 5, 2019 and Attachment “D” thereto (Attachment “C”).
At the December 12, 2019 meeting, staff will present the proposed changes for a first reading
and a duly noticed second public hearing.
FINANCIAL ANALYSIS:
The proposed code amendments do not generate additional cost to the City beyond in-kind staff
expense.
LEGAL ANALYSIS:
ORS 197.312 requires cities greater than 2,500 in population to allow at least one (1) ADU per
single family dwelling in zones that permit single-family detached dwellings subject to
reasonable regulations related to siting and design. This language was established in response
to SB 1051. On August 8, 2019 the Governor signed HB 2001 into law, which clarifies that off-
street parking and owner occupancy requirements for ADUs are not “reasonable regulations.”
The proposed code amendments comply with ORS 197.312 and amendments made pursuant
to HB 2001.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The proposed code amendments are intended to ease barriers to constructing ADUs, which
provide a smaller format housing option that can provide more affordable housing for families.
This aligns with Strategic Plan Goal 2/Strategy b to “Create affordable housing options for
families.” Additionally, the proposed code amendments have been proposed in direct response
to comprehensive plan policies in the Housing Element/ Housing Implementation Plan to
promote construction of housing in the City to meet the needs of the community, while
complying with new state laws. This is consistent with Strategic Plan Goal 4 to “continually
assure that planning and zoning review and regulations are consistent with comprehensive
plans and vision.”
STAFF RECOMMENDATION:
Conduct a first reading of the ordinance for proposed zoning text amendments and a duly
noticed public hearing and forward the Ordinance to a second reading with or without changes.
RECOMMENDED MOTION:
I move to forward the Ordinance approving amendments to various sections of the Central Point
Municipal Code addressing Accessory Dwelling Units and Accessory Structures to a second
reading at the January 9, 2020 Council Meeting.
ATTACHMENTS:
1. Attachment "A" - Ordinance with Exhibit 1
2. Attachment "B" - ADU Guideance from DLCD
3. Attachment "C" - Planning Commission Resolution 877
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ATTACHMENT “A”
ORDINANCE NO. ________
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE CHAPTER 17.77
ACCESSORY DWELLING UNITS AND SECTIONS 17.08.010, 17.60.030, 17.64.040
TABLE 17.64.02A, AND 17.65.050 TABLE 3 TO ELIMINATE BARRIERS TO
ACCESSORY DWELLING UNITS AND MODIFY ACCESSORY BUILDING SETBACKS
TO PROMOTE HOUSING SUPPLY AND AFFORDABILITY IN CENTRAL POINT
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. ORS 197.312 recently amended by HB 2001, requires the City allow at least one
(1) Accessory Dwelling Unit (ADU) per single family dwelling in zones that allow
single family detached dwellings subject to reasonable regulations related to siting
and design.
D. On November 5, 2019, the Central Point Planning Commission recommended
approval of code amendments to various section in Title 17 Zoning to comply with
ORS 197.312 and implement policies in the Housing Element and Housing
Implementation Plan to ease barriers to Accessory Dwelling Units (ADUs).
E. On December 12, 2019, the City of Central Point City Council held a properly
advertised public hearing; reviewed the Staff Report (herein incorporated by
reference) and findings (Exhibit 1); heard testimony and comments, and
deliberated on approval of the Municipal Code Amendment.
THE PEOPLE DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Chapter 17.08, Definitions for “Accessory Dwelling Unit
(ADU)” to comply with ORS 197.312, and “Guest Quarters” to clarify that these temporary
living accommodations may be detached from, attached or internal to the primary
dwelling.
17.08.010, Definitions
“Accessory dwelling unit (ADU)” means an interior, attached or detached unit
residential structure that is used in connection with or provides complete
independent living facilities and that serves as an accessory use to a primary single
dwelling unit. Accessory dwelling units differ from guest quarters, which do not provide
independent living facilities.
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“Guest house Quarters” means an interior, attached or detached accessory
building designed and used for the purpose of providing temporary living
accommodations for guests or for members of the same family as that occupying the
main building, and containing no kitchen facilities.
SECTION 2. Amendments to Section 17.60.030(A) modify setback distance and
methodology for accessory buildings for clarity.
17.60.030 Accessory Buildings
Accessory buildings shall comply with all requirements for the principal use except
where specifically modified by this title and shall comply with the following limitations:
A. Regardless of the side and rear yard requirements of the district, in a residential (R)
district a side or rear yard not adjoining a street may be reduced to three five feet,
measured from the furthest protrusion or overhang, for an accessory structure erected
more than fifty-five feet from the street right-of-way line on which the lot fronts, other
than alleys, provided the structure is detached and separated from other buildings by
ten feet or more.
B. Canvas-Covered Canopies and Other Temporary Structures. Temporary structures
in residential (R) districts shall not be permitted within a front setback and only within a
side setback that does not abut a public right-of-way. Temporary structures within a
side setback shall be at least three feet from the side lot line measured from the
furthest protrusion or overhang. Such structures are to be anchored to the ground in
accordance with building code requirements.
C. Structural Dimensions. All accessory buildings will be subject to the requirements of
all building specialty codes adopted under the Central Point Municipal Code.
1. Height. Accessory structures in residential (R) districts shall not exceed twenty-
five feet if detached from the main structure. Structures greater than fifteen feet but
less than twenty-five feet in height shall be set back a minimum of five feet from a
side or rear lot line.
2. Width and Length. Garages and carports intended to satisfy the municipal code
requirement for two off-street covered parking spaces shall be a minimum interior
dimension of twenty feet in width by twenty feet in length. Standard garage doors
shall be of adequate width to facilitate safe passage and maneuvering of
automobile traffic.
3. Alley Setback. Accessory structures in residential (R) districts which abut an
alley, are used as garages, and take their access from the alley shall have a
setback of fifteen feet from the rear property line. (Ord. 1981 §3 (Exh. C) (part),
2014; Ord. 1818 §1(part), 2001; Ord. 1684 §53, 1993; Ord. 1436 §2(part), 1981).
SECTION 3. Proposed amendments replace existing language in Chapter 17.77 in its
entirety to provide clear, concise standards that eliminate redundancies and barriers to
ADUs as a housing type.
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Chapter 17.77
ACCESSORY DWELLING UNITS (ADU)
Sections:
17.77.005 Purpose.
17.77.010 Permitted in residential districts, R-L and R-1.
17.77.020 Provisions for water and sewer.
17.77.030 Only one accessory dwelling unit per single-family dwelling.
17.77.040 General provisions.
17.77.050 Special provisions.
17.77.060 Permit--Fee--Application--Inspection.
17.77.070 ADUs detached from single-family dwelling--Special.
17.77.005 Purpose.
The purpose of this section is to allow for establishment of an accessory dwelling unit in
conjunction with a single-family dwelling within a single-family residential zoning district.
An accessory dwelling may be permitted as a means of providing more affordable housing
opportunities for young families, empty nesters and others; encouraging additional density
with minimal cost and disruption to surrounding neighborhoods; allowing individuals and
smaller households to retain large houses as residences; providing convenient care for
the elderly and infirm on a long-term basis; and allowing more energy-efficient use of
large, older homes. (Ord. 1884 (part), 2006).
17.77.010 Permitted in residential districts, R-L and R-1.
Accessory dwelling units (ADUs) shall be a permitted use in the R-L and R-1 residential
districts as accessory to single-family dwellings subject to the provisions of this chapter.
(Ord. 1884 (part), 2006).
17.77.020 Provisions for water and sewer.
No ADU shall be permitted to be added to, created within, or constructed on the same lot
as the single-family dwelling to which it is accessory without a prior certification from the
public works department of the city that the water supply and sanitary sewer facilities
serving the site of the proposed ADU are adequate. (Ord. 1884 (part), 2006).
17.77.030 Only one accessory dwelling unit per single-family dwelling.
Only one ADU shall be permitted as accessory to a single-family dwelling. (Ord. 1884
(part), 2006).
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17.77.040 General provisions.
A. ADUs shall be permitted as second dwelling units that are added to or created within or
on the same lot as a single-family dwelling.
B. All housing and building codes and standards shall be applicable to all ADUs including,
but not limited to, the building code, the plumbing code, the electrical code, the
mechanical code, the fire code, and all requirements of the city of Central Point.
C. ADUs, whether attached or detached, that are added to or created within single-family
dwellings are not required to have separate independent utility connections.
1. D. The gross floor area of an accessory dwelling unit shall contain no more
than thirty-five percent of the gross floor area of the main dwelling in
existence prior to the construction of the accessory dwelling unit or eight
hundred square feet, whichever is less.
2. E. No subdivision of land, air rights or condominium is allowed so as to
enable the sale or transfer of the accessory dwelling unit independently of
the main dwelling unit or other portions of the property.
F. All ADUs shall be designed to maintain the appearance of the single-family dwelling to
which they are accessory. If an ADU extends beyond the current footprint of the single-
family dwelling it must be consistent with the existing roof pitch, siding and windows of the
single-family dwelling. If a separate entrance door is provided, it must be located either off
the rear or side of the single-family dwelling. Any additions to an existing structure or
building shall not exceed the allowable lot coverage or encroach into the required
setbacks.
G. All ADUs which are attached to a single-family dwelling shall have a separate entrance
for the accessory dwelling unit, but it shall not be located on the front of the existing
building.
H. At least one off-street parking space shall be provided for each ADU in addition to the
off-street parking spaces required for the single-family dwelling.
I. All ADUs shall have separate street addresses that are visible from the street and that
clearly identify the location of the ADU. (Ord. 1942 §1, 2010; Ord. 1884 (part), 2006).
17.77.050 Special provisions.
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A. The owner or contract purchaser of record of the single-family dwelling to which an
ADU is accessory shall reside either in the single-family dwelling or the ADU as a
permanent place of residence and shall not be permitted to rent or lease the same. The
ownership of ADUs may not be separated from ownership of the single-family dwelling to
which they are accessory.
B. No home occupations, day care centers or adult foster homes shall be permitted in
ADUs or in single-family dwellings to which they are accessory. (Ord. 1884 (part), 2006).
17.77.060 Permit--Fee--Application--Inspection.
A. No ADU may be added to, created within, or constructed upon the same lot as a single-
family dwelling without a permit therefor, issued by the planning department. ADU permits
shall be processed as a Type I land use application.
B. All applications for ADU permits shall be on forms provided by the planning
department, and the fee for such permit shall be as provided in the building code.
C. Before any permit for the creation or construction of an ADU is granted, the proposed
site thereof and the plans and specifications therefor shall be inspected by the building
official to assure that the provisions of this chapter are not violated. (Ord. 1942 §2, 2010;
Ord. 1884 (part), 2006).
17.77.070 ADUs detached from single-family dwelling--Special.
The following provisions shall be applicable to detached ADUs:
A. Water, sewer and solid waste collection may be by way of connections and service that
is completely separate, apart and independently metered from the single-family dwelling
to which such ADU is accessory, or by other means approved by the public works
department.
B. All detached ADUs shall comply with all setback and separation requirements for
detached accessory buildings except that the minimum rear yard setback shall be ten feet.
C. Detached ADUs shall be designed in such a manner as to blend with or complement
the architectural design of the single-family dwelling to which such ADU is accessory;
approval of such design shall be made by the appeal board of adjustment.
D. Detached ADUs shall share the same hard-surfaced driveway as the single-family
dwelling to which such ADU is accessory, and shall have direct access to the street upon
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which the single-family dwelling fronts, or take access from an alley. No new or additional
curb cuts shall be permitted for the ADU, except on corner lots where a new curb cut will
be allowed on the street frontage having no existing curb cut.
E. Detached ADUs shall have an unobstructed street frontage approved by the fire district
with no intervening structures to ensure adequate visibility and access for emergency
vehicles. (Ord. 1981 §5 (Exh. E), 2014; Ord. 1942 §3, 2010; Ord. 1884 (part), 2006).
Chapter 17.77
ACCESSORY DWELLING UNITS (ADU)
Sections:
17.77.005 Purpose.
17.77.010 Applicability.
17.77.020 One Unit.
17.77.030 Approval Criteria.
17.77.005 Purpose.
The purpose of this section is to allow for establishment of an accessory dwelling
unit (ADU) in conjunction with a single-family detached dwelling within zones that
allow single family detached dwellings in accordance with ORS 197.312. ADUs are
intended to provide more economical housing choices while encouraging
additional density with minimal cost and disruption to surrounding neighborhoods;
and allowing more efficient use of large, older homes. (Ord. 1884 (part), 2006).
17.77.010 Applicability.
Accessory dwelling units (ADUs) shall be a permitted use in the R-L,R-1, R-2
residential districts, and LMR, MMR, and HMR mixed-use districts within the Transit
Oriented Development (TOD) District, as accessory to single-family dwellings
subject to the provisions of this chapter. (Ord. 1884 (part), 2006).
17.77.020 One Unit.
A maximum of one (1) ADU shall be allowed per legally established single-family
dwelling. The unit may be a detached building, in a portion of a detached accessory
building (e.g. above a detached garage or workshop), or attached to or interior to
the primary dwelling (e.g. addition or conversion of floor area within the existing
building). (Ord. 1884 (part), 2006).
17.77.030 Approval Criteria.
A. Floor Area. The maximum floor area allowed for an ADU shall be 800 square
feet or fifty (50) percent of the gross floor area of the primary dwelling,
whichever is less, except that conversion of a new or existing level or floor
(e.g. attic, or second story) of a detached accessory building (i.e. garage,
workshop) to an ADU is permitted even if the floor area of the ADU would be
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more than 800 square feet.
B. Development Standards. ADUs shall meet all development standards
required for residential structures per the base zone requirements (e.g.
building height, setbacks, lot coverage, building design, etc.) except for the
following:
1. Density. ADUs are exempt from the maximum density standard in the
base zone in which the ADU is located, provided that all other base
zone standards are met.
2. Conversion of Nonconforming Structures. Conversion of an existing
legally nonconforming structure to an ADU is allowed provided that
the conversion does not increase the nonconformity and the
structure complies with the Oregon Residential Specialty Code.
3. Parking. In accordance with ORS 197.312, off-street parking shall not
be required to approve an ADU.
4. Rear Yard Setback. The rear yard setback for ADUs shall be 5-feet.
5. Building Height. Except for units constructed above a detached
garage (i.e. carriage units), detached ADUs shall be limited to single-
story construction and shall not exceed 25-ft in building height per
the accessory building height standards set forth in CPMC
17.60.030(C)(1).
C. Other Standards.
1. Unit Separation. For attached and interior ADUs, the primary dwelling
and ADU shall be distinct with wall separation, separate building
entrances and visible addresses.
2. Utilities. Separate utility connections may be provided at the
applicant’s discretion. Separate connections are not required.
3. Transfer Prohibited. No subdivision of land, air rights or
condominium is allowed so as to enable the sale or transfer of the
accessory dwelling unit independently of the main dwelling unit or
other portions of the property.
SECTION 4. Amendments to Section 17.64.040, Table 17.64.02A modify the residential
off-street parking standard for ADUs to comply with ORS 197.312 as modified by HB
2001.
Chapter 17.64, Section 040, Table 17.64.02A
RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
All uses shall comply with the number of off-street parking requirements identified in Table
17.64.02A, Residential Off-Street Parking Requirements, and Table 17.64.02B, Non-
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Residential Off-Street Parking Requirements. For residential uses the off-street parking
requirements are stated in terms of the minimum off-street parking required. For non-
residential uses the off-street parking requirements are presented in terms of both
minimum and maximum off-street parking required. The number of off-street parking
spaces in Table 17.64.02B, Non-Residential Off-Street Parking, may be reduced in
accordance with subsection B of this section, Adjustments to Off-Street Vehicle Parking.
The requirement for any use not specifically listed shall be determined by the community
development director on the basis of requirements for similar uses, and on the basis of
evidence of actual demand created by similar uses in the city and elsewhere, and such
other traffic engineering or planning data as may be available and appropriate to the
establishment of a minimum requirement.
TABLE 17.64.02A
RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
Use Categories
Minimum Vehicle Parking Requirement (fractions rounded down to the
closest whole number)
RESIDENTIAL
Single-Family
Residential
2 spaces per dwelling unit, both of which must be covered.
Accessory Dwelling Unit No off-street parking is required per ORS 197.312. 1 space per
accessory dwelling unit.
Two-Family 2 spaces per dwelling unit, both of which must be covered.
Multiple-Family
1 space per studio or 1-bedroom unit;
1.5 spaces per 2-bedroom unit; and
2 spaces per 3+-bedroom unit.
plus 1 guest parking space for each 4 dwelling units or fraction thereof.
Mobile Home Parks 2 spaces per dwelling unit on the same lot or pad as the mobile home
(may be tandem); plus 1 guest space for each 4 mobile homes.
Residential Home 2 spaces per dwelling unit, both of which must be covered.
Residential Facility .75 spaces per bedroom.
Congregate (Senior)
Housing
.5 spaces per dwelling unit.
Boarding Houses, Bed
and Breakfast
1 space per guest unit; plus 1 space per each 2 employees.
SECTION 5. Amendments to Table 3 in Section 17.65.050 modify the off-street parking
standard for ADUs to comply with ORS 197.312 as modified by HB 2001.
CPMC 17.65.050, Table 3
TOD DISTRICT AND CORRIDOR VEHICLE PARKING STANDARDS – RESIDENTIAL
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Table 3
TOD District and Corridor Vehicle Parking Standards
Use Categories Minimum Required Parking
Residential
Dwelling, Single-Family
Large and standard lot
Zero lot line, detached
Attached row houses
2 spaces per unit.
Dwelling, Multifamily
Plexes 1.5 spaces per unit.
Apartments and
condominiums
1.5 spaces per unit.
Congregate (senior) housing .5 spaces per dwelling unit.
Dwelling, Accessory Unit Off-street parking is not required per ORS 197.312. 1 space per
unit.
Boarding/Rooming House 1 space per accommodation, plus 1 space for every 2 employees.
Family Care
Family day care
Day care group home
Adult day care
1 space for every 5 children or clients (minimum 1 space); plus 1
space for every 2 employees.
Home Occupation Shall meet the parking requirement for the residence.
Residential Facility 1 space per unit.
Residential Home 1 space per unit.
SECTION 6. Per legal review, add Accessory Dwelling Unit to the list of Permitted Uses
Section 17.20.020 for the R-1 zones.
17.20.020 Permitted uses.
The following uses and their accessory uses are permitted in an R-1 district:
A. Single-family dwelling;
B. Public schools, parks and recreation facilities;
C. Churches and similar religious institutions;
D. Parochial and private schools, but not including business, dancing, music, trade,
technical or nursery schools, kindergartens or day nurseries;
E. Developer’s project and sales offices, including mobile homes and trailers adapted
to that purpose, during construction of the project only;
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F. Planned unit development;
G. Residential homes;
H. Single-family manufactured home, as defined in Section 17.08.010, and subject to
the following conditions:
1. The manufactured home shall be multisectional and enclose a space of not less
than one thousand square feet.
2. The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured home is
located not more than twelve inches above grade.
3. The manufactured home shall have a pitched roof, with a minimum slope of
three feet in height for each twelve feet in width.
4. The manufactured home shall have exterior siding and roofing which in color,
material and appearance is similar to the exterior siding and roofing material
commonly used on residential dwellings within Central Point or which is
comparable to the predominant materials used on surrounding dwellings as
determined by the city.
5. The manufactured home shall be certified by the manufacturer to have an
exterior thermal envelope meeting performance standards which reduce levels
equivalent to the performance standards required of single-family dwellings
constructed under the state building code as defined in ORS 455.010.
6. The manufactured home shall have a garage or carport constructed of like
material. The city may require an attached or detached garage in lieu of a carport
where such is consistent with the predominant construction of dwellings in the
immediately surrounding area.
7. In addition to the foregoing, a manufactured home and the lot upon which it is
sited shall comply with any and all development standards, architectural
requirements and minimum size requirements with which conventional single-
family residential dwellings on the same lot would be required to comply;
I. Residential facilities, as that term is defined in Oregon Revised Statutes 197.660(1);
provided, however, the city may require an applicant proposing to site a residential
facility to supply the city with a copy of the entire application and supporting
documentation for state licensing of the facility, except for information which is exempt
from public disclosure under ORS 192.496 to 192.530. (Ord. 1684 §30, 1993; Ord.
1615 §29, 1989; Ord. 1436 §2(part), 1981).
J. Accessory Dwelling Unit subject to the requirements in CPMC 17.77.
SECTION 7. Per legal review, add Accessory Dwelling Unit to the list of Permitted Uses in
Section 17.24.020 for the R-2 zone.
17.24.020 Permitted Uses
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The following uses and their accessory uses are permitted in the R-2 district:
Residential. The following residential uses are permitted subject to compliance with all
the code requirements such as lot coverage, setbacks, etc., the density standards in
Section 17.24.055:
A. Single-family detached dwellings;
B. Single-family manufactured home, as defined in Section 17.08.010, and subject to
the following conditions:
1. The manufactured home shall be multi-sectional and enclose a space of not
less than one thousand square feet,
2. The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured home is
located not more than twelve inches above grade,
3. The manufactured home shall have a pitched roof, with a minimum slope of
three feet in height for each twelve feet in width,
4. The manufactured home shall have exterior siding and roofing which in color,
material and appearance is similar to the exterior siding and roofing material
commonly used on residential dwellings within Central Point or which is
comparable to the predominant materials used on surrounding dwellings as
determined by the city,
5. The manufactured home shall be certified by the manufacturer to have an
exterior thermal envelope meeting performance standards which reduce levels
equivalent to the performance standards required of single-family dwellings
constructed under the State Building Code as defined in ORS 455.010,
6. The manufactured home shall have a garage or carport constructed of like
material. The city may require an attached or detached garage in lieu of a carport
where such is consistent with the predominant construction of dwellings in the
immediately surrounding area,
7. In addition to the foregoing, a manufactured home and the lot upon which it is
sited shall comply with any and all development standards, architectural
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requirements and minimum size requirements with which conventional single-
family residential dwellings on the same lot would be required to comply;
C. Duplex and single-family attached dwellings;
D. Public schools, parochial schools, kindergartens, but not including business, dance,
music, art, trade, technical or similar schools;
E. Churches and similar religious institutions;
F. Public parks and recreational facilities;
G. Developer’s project office and sales office including mobile homes and trailers
adapted to that purpose during construction of the project only;
H. Residential facilities, as that term is defined in ORS 197.660(1); provided, however,
the city may require an applicant proposed to site a residential facility to supply the city
with a copy of the entire application and supporting documentation for state licensing
of the facility, except for information which is exempt from public disclosure under
ORS 192.496 to 192.530;
I. Residential homes; and
J. Accessory Dwelling Unit subject to the requirements in CPMC 17.77.
K. Other uses not specified in this or any other district, if the planning commission
finds them to be similar to those listed above and compatible with other permitted uses
and with the intent of the R-2 district as provided in Section 17.60.140. (Ord. 2034
§4(part), 2017; Ord. 2014 §2, 2015; Ord. 1972 §1, 2013; Ord. 1912(Exh. 1), 2008;
Ord. 1691 §1, 1993; Ord. 1684 §33, 1993; Ord. 1615 §31, 1989; Ord. 1436 §2(part),
1981).
SECTION 8. 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.
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SECTION 9. 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 ______, 2017.
_______________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
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EXHIBIT 1
PLANNING DEPARTMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Accessory Dwelling Unit Zoning Code Amendments
File No. ZC-19001
December 12, 2019
Applicant: ) Findings of Fact
City of Central Point ) and
140 South 3rd Street ) Conclusions of Law
Central Point, OR 97502 )
INTRODUCTION
The City of Central Point is proposing major text amendments to various sections of the Central Point
Municipal Code (CPMC) in Title 17, Zoning Code relative to definitions and standards for Accessory
Dwelling Units (ADUs) and Accessory Structures (Staff Report dated December 12, 2019: Attachment
“A”). The proposed amendments are designed to accomplish the following:
1) Comply with Oregon Revised Statutes (ORS) 197.312:
a. Allow at least one (1) ADU in all zones that permit single-family detached dwellings;
b. Eliminate the owner occupancy requirement for ADUs;
c. Eliminate off-street parking requirements in accordance with HB 2001 implemented on
August 8, 2019;
d. Provide only clear and objective standards;
e. Align the definition for an ADU in CPMC 17.08 with the definition in ORS,
197.312(5)(b).
2) Eliminate barriers to ADU construction consistent with the City of Central Point Housing
Element and Housing Implementation Plan:
a. Increase floor area allowed from 35% to 50% of primary dwelling gross floor area; retain
maximum ADU floor area allowed as 800SF;
b. Reduce side and rear yard setback to be equivalent to the setback allowed for an
accessory structure;
c. Align maximum building height with the building height allowed for accessory
structures; and
d. Provide an exception allowing a carriage unit (i.e. ADU above a garage) to exceed the
maximum floor area requirement.
3) Modify the setback the Accessory Structure setback in CPMC17.60.030(A) as follows:
a. Side and rear yard setback shall be 5-ft, provided all life and safety standards are met;
b. Eliminate provision allowing a 3-ft setback measured from the furthest protrusion or
overhang. This change provides a consistent setback methodology for all structure types.
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Page 15 of 31
The proposed Zoning Text changes are Major Amendments per CPMC 17.10.300 and are subject to Type
IV (Legislative) procedures per CPMC 17.05.500.
Approval criteria are set forth in CPMC 17.10.400 and addressed in these findings in five (5) parts:
1. Legislative Amendment Procedures (CPMC 17.05.500)
2. Zoning Map and Zoning Text Amendments (CPMC 17.10)
3. Statewide Planning Goals
4. City of Central Point Comprehensive Plan
5. Transportation Planning Rule (OAR 660-012-0060(1))
PART 1 – CPMC 17.05.500, LEGISLATIVE AMENDMENT PROCEDURES
CPMC 17.05.500(A). Pre-Application Conference. A pre-application conference is required for all
Type IV applications initiated by a party other than the City of Central Point. The requirements and
procedures for a pre-application conference are described in Section 17.05.600(C).
Finding CPMC 17.05.500(A): Since the City of Central Point initiated this application to amend
various sections of Title 17, a pre-application conference was not required nor was one held.
Conclusion CPMC 17.05.500(A): Not applicable.
CPMC 17.05.500(B). Timing of Requests. Acceptance timing varies for Type IV applications (see Table
17.05.1 for applicable section reference).
Finding CPMC 17.05.500(B): The proposed zoning text amendments are considered Major
Amendments per Table 17.05.01 and Section 17.10.300(A). As demonstrated by the Findings for
CPMC 17.05.500, the proposed text amendments have been processed in accordance with the
timelines and requirements for Type IV legislative applications.
TABLE 17.05.1
LAND DEVELOPMENT PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Zoning Map and Zoning and Land
Division Code Text Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
Conclusion CPMC 17.05.500(B): Consistent.
C. Application Requirements.
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CPMC 17.05.500(C)(1). Application Forms. Type IV applications shall be made on forms provided by
the community development director or designee.
Finding CPMC 17.05.500(C)(1): At the September 3, 2019 meeting, the Planning Commission
directed staff to prepare amendments to CPMC 17.08, 17.60.030, and 17.77 for public hearing on
November 5, 2019. The direction was based on discussion of potential code amendments at the
August and September meetings to comply with ORS 197.312/SB 1051 and to eliminate barriers to
housing per the approved Housing Implementation Plan (City Council Resolution No. 1560).
Subsequently, staff prepared an application form, notified DLCD and the newspaper of the pending
Public Hearing as demonstrated in the following findings and conclusions.
Conclusion CPMC 17.05.500(C)(1): Consistent.
CPMC 17.05.500(C)(2) Submittal Information. The application shall contain:
a. The information requested on the application form;
b. A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review
and decision (as applicable);
c. The required fee; and
d. One copy of a letter or narrative statement (findings and conclusions) that explains how the
application satisfies each and all of the relevant approval criteria and standards applicable to the
specific Type IV application.
Finding CPMC 17.05.500(C)(2): The City of Central Point’s application to amend various sections
of the Zoning Ordinance Text relative to Accessory Dwelling Units (ADUs) and accessory structures
includes the application form, description of text amendments, and copy of proposed text amendments
(See File No. ZC-19001).
Conclusion CPMC 17.05.500(C)(2): Consistent.
CPMC 17.05.500(D). Notice of Hearing.
1. Required Hearings. A minimum of two hearings, one before the planning commission and one
before the city council, are required for all Type IV applications.
Finding CPMC 17.05.500(D)(1): A duly noticed hearing was held before the planning
commission on November 5, 2019. A second duly noticed public hearing was held before the City
Council on December 12,2019.
Conclusion CPMC 17.05.500(D)(1): Consistent.
2. Notification Requirements. Notice of public hearings shall be given by the community
development director or designee in the following manner:
a. At least ten days, but not more than forty days, before the date of the first hearing, a
notice shall be mailed to:
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i. Any affected governmental agency;
ii. Any person who requests notice in writing;
b. At least ten days before the first public hearing date, and fourteen days before the city
council hearing date, public notice shall be published in a newspaper of general
circulation in the city.
c. The community development director or designee shall:
i. For each mailing of notice, file an affidavit of mailing in the record as provided
by subsection (D)(2)(a) of this section; and
ii. For each published notice, file in the record the affidavit of publication in a
newspaper that is required in subsection (D)(2)(b) of this section.
d. The Oregon Department of Land Conservation and Development (DLCD) shall be
notified in writing of proposed comprehensive plan and development code amendments
within the time period prescribed by DLCD. The notice to DLCD shall include a DLCD
certificate of mailing.
Finding CPMC 17.05.500(D)(2): In accordance with Municipal Code, notice was mailed in a timely
fashion to all affected agencies and persons who made a request for notice. Similarly per the affidavit
in the file, notice was published in the Mail Tribune on October 21, 2019. DLCD was notified on
September 30, 2019 within the required 35-day notification period.
Conclusion CPMC 17.05.500(D)(2): Consistent.
3. Content of Notices. The mailed and published notices shall include the following information:
a. The number and title of the file containing the application, and the address and telephone
number of the community development director or designee’s office where additional
information about the application can be obtained;
b. The proposed site location, if applicable;
c. A description of the proposal in enough detail for people to determine what change is
proposed, and the place where all relevant materials and information may be obtained or
reviewed;
d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or
written testimony is invited; and a statement that the hearing will be held under this title
and rules of procedure adopted by the council and available at City Hall (see subsection E
of this section).
Finding CPMC 17.05.500(D)(3): The description included within the notices conform with CPMC
17.05.500(D)(3) as evidenced by the affidavit of publication herein incorporated by reference.
Conclusion CPMC 17.05.500(D)(3): Consistent.
PART 2 – CPMC 17.10, ZONING MAP AND ZONING CODE TEXT AMENDMENTS
17.10.200 Initiation of amendments.
A proposed amendment to the code or zoning map may be initiated by either:
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A. A resolution by the planning commission to the city council;
B. A resolution of intent by the city council; or for zoning map amendments;
C. An application by one or more property owners (zoning map amendments only), or their agents, of
property affected by the proposed amendment. The amendment shall be accompanied by a legal
description of the property or properties affected; proposed findings of facts supporting the proposed
amendment, justifying the same and addressing the substantive standards for such an amendment as
required by this chapter and by the Land Conservation and Development Commission of the state. (Ord.
1989 §1(part), 2014).
Finding CPMC 17.10.200: At the September 3, 2019 meeting, the Planning Commission directed
staff to prepare notice zoning text amendments or a public hearing on November 5, 2019. At the
conclusion of the public hearing, the Planning Commission passed Resolution No. 877 forwarding a
favorable recommendation to the City Council to approve the zoning text amendments.
Conclusion CPMC 17.10.200:Consistent.
17.10.300 Major and minor amendments.
There are two types of map and text amendments:
A. Major Amendments. Major amendments are legislative policy decisions that establish by law general
policies and regulations for future land use decisions, such as revisions to the zoning and land division
ordinance that have widespread and significant impact beyond the immediate area. Major amendments are
reviewed using the Type IV procedure in Section 17.05.500.
B. Minor Amendments. Minor amendments are those that involve the application of adopted policy to a
specific development application, and not the adoption of new policy (i.e., major amendments). Minor
amendments shall follow the Type III procedure, as set forth in Section 17.05.400. The approval authority
shall be the city council after review and recommendation by the planning commission. (Ord. 1989
§1(part), 2014; Ord. 1874 §3(part), 2006).
Finding CPMC 17.10.300: The proposed zoning text amendments modify requirements for Accessory
Dwelling Units (ADUs). Although the proposed changes do not create new policy, the amended
regulations will impact future land use decisions. The proposed amendments will have widespread
impacts and are considered a Major Amendment in accordance with CPMC 17.10.300(A). As
evidenced by the Findings in Part 1 of these Findings, the Major Amendments are legislative and
have been processed in accordance with the Type IV (legislative) procedures set forth in CPMC
17.05.500.
Conclusion CPMC 17.10.300: Consistent.
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17.10.400 Approval criteria.
A recommendation or a decision to approve, approve with conditions or to deny an application for a text
or map amendment shall be based on written findings and conclusions that address the following criteria:
A. Approval of the request is consistent with the applicable statewide planning goals (major
amendments only);
Finding CPMC 17.10.400(A): See Part 3 Findings – Statewide Planning Goals.
Conclusion CPMC 17.10.400(A): Consistent.
B. Approval of the request is consistent with the Central Point comprehensive plan (major and minor
amendments);
Finding CPMC 17.10.400(B):See Part 4 Findings – Central Point Comprehensive Plan.
Conclusion CPMC 17.10.400(B): Consistent.
C. If a zoning map amendment, findings demonstrating that adequate public services and
transportation networks to serve the property are either available, or identified for construction in
the city’s public facilities master plans (major and minor amendments); and
Finding CPMC 17.10.400(C):The proposal is for Major zoning text amendments. This criterion
applies to Major and Minor zoning map amendments only. Notwithstanding, ADUs are allowed in
conjunction with an existing or approved primary single family dwelling. Since services are
necessary to permit construction of the primary dwelling, it can be concluded that the public services
are available and can be extended to serve the ADU.
Conclusion CPMC 17.10.400(C): Not applicable.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord.
1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(B)).
Finding CPMC 17.10.400(D): As demonstrated in Part 5 Findings – Transportation Planning Rule,
the proposed text do not significantly affect existing or planned transportation facilities.
Conclusion CPMC 17.10.400(D): Consistent.
PART 3 – STATEWIDE PLANNING GOALS
This section sets forth preliminary findings of fact relative to the proposed text amendment’s compliance
with the Statewide Planning Goals. Applicable Statewide Planning Goals include Goal 1, Citizen
Involvement; Goal 2, Land Use Planning; and Goal 10, Housing.
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Goal 1 – Citizen Involvement:
To develop a citizen involvement program that insures the opportunity for citizens to be involved in all
phases of the planning process.
Finding Goal 1: The proposed text amendments do not enhance, or detract, from citizen participation
in the City’s planning process established in the Comprehensive Plan to comply with Statewide
Planning Goal 1. Discussions were held by the Planning Commission on August 6, 2019 and
September 3, 2019 to discuss the preliminary draft amendments. At that time the public was invited to
participate in the discussion and comments were received verbally and in writing. Written comments
have been entered into the record for the proposed amendments and have been addressed in the staff
report and these findings. Based on discussion, the Planning Commission directed staff to finalize
draft amendments relative to ADUs and accessory structures.
Consistent with the City’s procedures for legislative amendments and citizen involvement program,
the Citizen’s Advisory Committee considered draft changes at their September 10, 2019 meeting. The
CAC unanimously voted to recommend approval to the Planning Commission with the exception that
they didn’t like any flexibility for off-street parking location.
Duly noticed public hearings have been held at the November 5, 2019 Planning Commission and the
December 12, 2019 City Council meetings.
Conclusion Goal 1: The proposed text amendments are consistent with the City’s planning process
and citizen’s involvement program and therefore comply with Statewide Planning Goal 1.
Goal 2 – Land Use Planning:
To establish a land use planning process and policy framework as a basis for all decision and actions
related to use of land and to assure an adequate factual base for such decisions and actions.
Finding Goal 2: Element I of the Central Point Comprehensive Plan addresses the Goal 2
requirement that plans and implementing ordinances be revised on a periodic cycle to take into
account changing public policies, community attitudes and other circumstances; as such the
proposed code amendments provide a process and policy framework as a basis for land use
decisions.
The proposed text amendments are consistent with CPMC 17.10 and therefore do not modify or
otherwise affect the City’s planning process and policy framework as set forth in the Comprehensive
Plan. As demonstrated in these findings, proposed text amendments serve to implement existing
policy in the Housing Element, State Laws relative to housing in ORS 197.312 and clarify current
code language by providing clear and objective standards.
Conclusion Goal 2: Consistent.
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Goal 10 – Housing:
To provide for the housing needs of citizens of the state.
Finding Goal 10: The proposed text amendments to CPMC 17.77 Accessory Dwelling Units (ADU)
and CPMC 17.60.030 Accessory Buildings eliminates barriers to ADU construction in Central Point
by establishing clear and objective standards, increasing the maximum floor area to a size allowed
and implementing state requirements eliminating off-street parking and owner occupancy
requirements. As demonstrated in Part 4, this aligns with the Goals and Policies of the City of
Central Point Housing Element to increase housing supply, diverse housing types, and affordability,
which aligns with Statewide Planning Goal 10.
Conclusion Goal 10: Consistent.
PART 4 – CITY OF CENTRAL POINT COMPREHENSIVE PLAN
The proposed amendments address standards for housing. Applicable policies in the comprehensive plan
include those in the Housing Element ,which are set forth and addressed below.
Housing Goal 1:
To provide an adequate supply of housing to meet the diverse needs of the City’s current and projected
households.
Policy 1.1:
Continue to support new residential development at the new minimum residential densities.
Finding Policy 1.1: The proposed code amendments allow for a density bonus to accommodate
Accessory Dwelling Units, which does not otherwise impede or affect achievement of minimum
residential densities for new residential development.
Conclusion Policy 1.1: Not applicable.
Policy 1.2:
Develop a Housing Implementation Plan that is regularly updated based current market conditions.
Finding Policy 1.2: On December 13, 2018 the City Council per Resolution 1560 approved a 5-year
Housing Implementation Plan (HIP) based on current market conditions and housing needs. The
code amendments implement Short Term Action 3.2.1 in the HIP as set forth below:
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3.2.1 Prepare and Adopt Residential Code Amendments.
Priority
High
Background The City’s Zoning Code is in Title 17 of the Central Point
Municipal Code (CPMC). Residential land use and zoning
standards are provided in multiple chapters for conventional
and TOD zones and includes separate chapters for parking,
design, and development. This makes it difficult to find all
relevant approval criteria for a project, which can discourage
and add planning cost to projects.
Some code standards are out of date and pose barriers to
residential development. A recent code audit by ECO|NW
found barriers to multifamily development in the R-3,
Multifamily Zone (i.e. building height and lot coverage limits).
Additionally Missing Middle Housing is not clearly addressed
and in some cases not permitted.
Action Consolidate the City’s residential standards into 1-2
chapters. Consider the following changes:
• Increase minimum residential densities consistent with the
Housing and Regional Plan Elements;
• Adjust dimensional standards in the R-3 zone to eliminate
barriers to maximizing density:
1) Increase building height from 35-ft to 45-ft to allow 4
stories;
2) increase maximum lot coverage from 50% to 60-75% to
increase building area allowed on a site while still providing
adequate land for off-street parking and landscaping; and,
3) Consider adding a buffer between buildings on R-3 lots
and those in the R-1, R-2 and LMR zones.
• Amend ADU standards to comply with SB 1051, increase
size of ADU from 35% to 50% or 800 s.f., whichever is less.
• Add Cottage Housing as a permitted housing type in the R-
1, R-2, and LMR zones with a density bonus of 1.5.
• Consider allowing Missing Middle Housing types within the
R-1 zone, such as corner duplexes, interior divisions that
increase density but look like single family dwellings.
Goals & Policies Housing Element: 1.1, 1.3, 4.1, 5.1, 7.1, 7.2, 7.3, 7.4
Regional Plan Element: 4.1.5, 4.1.6
Performance
Measures
• Adopt residential code amendments.
• Increase gross density in the current UGB.
• Achieve gross density of 6.9 units per acre in areas newly
added to the UGB for the period 2019-2024.
• Increase multifamily construction in the R-3 zone.
• Increase the number of ADUs in the City.
As demonstrated herein, the City adopted a HIP that identifies the proposed code amendments as a
high priority action.
Conclusion Policy 1.2: Consistent.
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Policy 1.3:
Provide an efficient and consistent development review process.
Finding Policy 1.3: The proposed code amendments do not impede or otherwise affect the City’s
development review process.
Conclusion Policy 1.3: Not applicable.
Policy 1.4:
Work with regional partners to develop and implement measures that reduce upfront housing
development costs.
Finding Policy 1.4: The proposed text amendments do not directly involve work with regional
partner involved regional partners to identify housing strategies to increase housing supply and
affordability. The proposed amendments may remove barriers to ADU construction, a housing type
that is smaller format and potentially more affordable. Additionally there is an opportunity to reduce
upfront housing development costs by making it easier to convert existing accessory buildings or
garage attics into ADU’s or carriage units through setback consistency standards and language
permitting second story garage additions that align with the current garage footprint.
Conclusion Policy 1.4: Consistent.
Policy 1.5:
Support UGB expansions and annexations that can be efficiently provided with urban services and that
will in a timely manner meet the City’s housing needs.
Finding Policy 1.5: The proposed text amendments do not involve, or otherwise affect, the
expansions and annexations of the UGB.
Conclusion Policy 1.5: Not applicable.
Policy 1.6:
When properly mitigated to preserve the integrity of existing neighborhoods support higher density
residential development within the Downtown and older surrounding residential areas, capitalizing on
availability of existing infrastructure and supporting revitalization efforts.
Finding Policy 1.6: The proposed code amendments apply to zones that allow single family detached
housing, which includes some zone surrounding the downtown. Allowing ADUs allows increased
residential housing options using existing infrastructure that would otherwise serve only the primary
dwelling unit.
Conclusion Policy 1.6: Consistent.
Housing Goal 2:
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To encourage the development and preservation of fair and affordable housing.
Policy 2.1:
Through a Housing Implementation Plan explore and promote federal, state, and regional programs and
incentives that support new affordable housing.
Finding Policy 2.1: CPMC 17.08 Definitions is in alignment with the Housing Implementation Plan
short term strategy No. 3.2.1 which concerns the preparation and adoption of residential code
amendments. The proposed text amendments are intended to streamline code requirements and
eliminate repetitive language. Additionally, the proposed text amendments in CPMC 17.77 Accessory
Dwelling Units (ADU) and CPMC 17.60.030 Accessory Buildings align with the Housing
Implementation Plan short term strategies No. 3.2.1 and No. 3.2.2 by evaluating and adopting code
amendments that eliminate barriers to the addition of new housing types.
Conclusion Policy 2.1: Consistent.
Policy 2.2:
Support and participate in the Greater Bear Creek Valley Regional Plan’s program addressing regional
housing strategies, particularly as they apply to affordable housing.
Finding Policy 2.2: The proposed text amendments are in alignment with the City’s HIP, which was
prepared by the City and based upon the Greater Bear Creek Valley Regional Plan’s performance
indicator addressing regional housing strategies.
Conclusion Policy 2.2: Consistent.
Policy 2.3:
Support regional efforts addressing homelessness, medical and social services for special need
households.
Finding Policy 2.3: The proposed text amendments do not involve, or otherwise affect the regional
efforts to address homelessness, medical and social services for special need households.
Conclusion Policy 2.3: Not applicable.
Housing Goal 3:
To maintain a timely supply of vacant residential acres sufficient to accommodate development of new
housing to serve the City’s projected population.
Policy 3.1:
Provide a sufficient inventory of residential planned and zoned vacant land to meet projected demand in
terms of density, tenure, unit size, accessibility, and cost.
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Finding Policy 3.1: The proposed text amendments do not involve, or otherwise affect, the inventory
of residential planned and zoned vacant within the City.
Conclusion Policy 3.1: Not applicable.
Policy 3.2:
Throughout the 2019-2039 planning period the City’s new vacant residential land use mix shall support
an average density of not less than 6.9 dwelling units per gross.
Finding Policy 3.2: The proposed text amendments allow a density bonus to construct ADUs and do
not adversely affect the City’s ability to assure new vacant lands are planned and zoned to meet the
required minimum average density.
Conclusion Policy 3.2: Not applicable. .
Policy 3.3:
Update the Housing Element’s vacant acreage needs every four-years consistent with the PSU Population
Research Centers update of population.
Finding Policy 3.3: The proposed text amendments implement recently adopted policy in response to
a PSU Population Forecast update in 2018. As such the proposed amendments do not involve or
trigger the need to update the Housing Element vacant acreage needs.
Conclusion Policy 3.3: Not applicable.
Policy 3.4:
To avoid speculation the City shall, when expanding the UGB establish procedures that give priority to
lands that will be developed in a timely manner and with a residential mix and density consistent with the
Housing Element.
Finding Policy 3.4: The proposed text amendments are not part of an amendment to the UGB.
Conclusion Policy 3.4: Not applicable.
Policy 3.5:
Monitor residential in-fill development activity and develop and enact programs that encourage the
expanded use of in-fill as a component to the City’s residential land use inventory.
Finding Policy 3.5: The proposed text amendments to CPMC 17.77 Accessory Dwelling Units and
17.60.030 Accessory Buildings remove barriers to the creation of ADU’s in eligible zones. This will
allow more efficient use of lands already developed with a primary dwelling consistent with this
policy promoting infill. The City will monitor ADU construction activity that results following
adoption of the code amendments and amend as necessary.
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Conclusion Policy 3.5: Consistent.
Housing Goal 4:
To ensure that a variety of housing will be provided in the City in terms of location, type, price and
tenure, according to the projected needs of the population.
Policy 4.1:
Residential land use designations on the General Land Use Plan and Zoning Map shall be compliant with
the residential land use needs and housing types identified in the Housing Element.
Finding Policy 4.1: The proposed text amendments do not involve, or otherwise affect, the General
Land Use Plan and Zoning Map compliance with the residential land use needs and housing types
identified in the Housing Element.
Conclusion Policy 4.1: Not applicable.
Policy 4.2:
Based on the findings of the Housing Implementation Plan incentivize housing types that are needed but
not being provided in adequate numbers by the private sector market forces.
Finding Policy 4.2: Proposed text amendments do not incentivize ADU development, but eliminate
barriers which may make it more possible to create housing types that are needed but not being
provided in adequate numbers by the private sector market forces.
Conclusion Policy 4.2: Consistent.
Policy 4.3:
In larger residential developments (in excess of 5 acres) encourage a mix of densities and housing types to
accommodate a variety of households based on age and income levels.
Finding Policy 4.3: The proposed code amendments address provisions for ADUs and setback
measurements for accessory structures, which is consistent with this policy to mix densities and
provide for diverse housing types that meet the diverse needs of Central Point households. This
applies to single lots, large developments and everything in between.
Conclusion Policy 4.3: Consistent.
Policy 4.4:
Support programs that encourage the ability of older residents to age in place by making existing housing
more age friendly and accessible.
Finding Policy 4.4: The proposed text amendments to CPMC 17.77 Accessory Dwelling Units and
CPMC 17.60.030 Accessory Buildings support the encouragement of an age friendly environment by
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eliminating barriers to the creation of housing options that can allow older residents to live closer to
family, and making it easier to have help nearby at all times.
Conclusion Policy 4.4: Consistent.
Housing Goal 5:
To ensure that municipal development procedures and standards are not unreasonable impediments to the
provision of affordable housing.
Policy 5.1:
As part of a Housing Implementation Plan periodically evaluate development procedures and standards
for compliance with the goals of this Housing Element and modify as appropriate.
Finding Policy 5.1: The proposed text amendments amend standards to implement policies recently
adopted in the Housing Element and the HIP. At this time no further evaluation of development
procedures and standards is being conducted.
Conclusion Policy 5.1: Not applicable.
Housing Goal 6:
To develop and maintain a Housing Implementation Plan that includes programs that monitor and address
the housing affordability needs of the City’s low- and moderate-income households.
Policy 6.1:
Support collaborative partnerships with non –profit organizations, affordable housing builders, and for-
profit developers to gain greater access to various sources of affordable housing funds.
Finding Policy 6.1: The proposed text amendments do not involve, or otherwise affect, the
collaboration of partnerships for greater access to affordable housing funds.
Conclusion Policy 6.1: Not applicable.
Policy 6.2:
Support and participate in the Greater Bear Creek Valley Regional Plan’s program addressing regional
housing strategies
Finding Policy 6.2: The proposed text amendments are based on City’s Housing Element, HIP and
ORS 197.312 amendments. The HIP was prepared in collaboration with the Greater Bear Creek
Valley Regional Plan regional housing strategies program with assistance from the State Department
of Conservation and Development and ECO|NW. Through collaboration and implementation the City
is demonstrating its support and commitment to addressing both local and regional housing needs.
Conclusion Policy 6.2: Consistent.
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Policy 6.3:
Address the special housing needs of seniors through the provision of affordable housing and housing
related services.
Finding Policy 6.3: The proposed text amendments support special housing needs of seniors by
allowing the development ADUs, which provide a smaller format and typically more affordable
housing option. Additionally ADUs may provide a better option for families to provide for the special
housing needs of aging family members.
Conclusion Policy 6.3: Consistent.
Housing Goal 7:
To assure that residential development standards encourage and support attractive and healthy
neighborhoods.
Policy 7.1:
Encourage quality design throughout the City that acknowledges neighborhood character, provides
balanced connectivity (multi-modal), and integrates recreational and open space opportunities.
Finding Policy 7.1: The proposed text amendments addresses building location and mass through
setback and building height restrictions; however, the City is not proposing changes to mandate
specific residential design standards at this time. ADUs are subject to the same design standards as
the zone in which they are located.
Conclusion Policy 7.1: Consistent.
Policy 7.2:
Provide flexible development standards for projects that exceed minimum standards for natural resource
protection, open space, public gathering places, and energy efficiency.
Finding Policy 7.2: The proposed text amendments do not involve, or otherwise affect, the flexible
development standards for projects that exceed minimum standards for natural resource protection,
open space, public gathering places, and energy efficiency.
Conclusion Policy 7.2: Not applicable.
Policy 7.3:
Where appropriate encourage mixed uses at the neighborhood level that enhance the character and
function of the neighborhood and reduce impacts on the City’s transportation system.
Finding Policy 7.3: The proposed amendments address standards for ADUs as a housing type and
setback standards for accessory structures. They do not involve standards affecting non-residential
uses necessary to provide neighborhood mixed use development addressed in this policy.
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Conclusion Policy 7.3: Not applicable.
Policy 7.4:
Support minimum parking standards for multiple family development served by public transit.
Finding Policy 7.4: The proposed text amendments focus on Accessory Dwelling Units and do not
involve multiple family development parking standards.
Conclusion Policy 7.4: Not applicable.
Policy 7.5:
Maintain and enforce Chapter 17.71 Agricultural Mitigation ensuring that all new residential development
along the periphery of the Urban Growth Boundary includes an adequate buffer between the urban uses
and abutting agricultural uses on lands zoned Exclusive Farm Use (EFU).
Finding Policy 7.5: The proposed text amendments do not involve, or otherwise affect, the
maintenance or enforcement of Chapter 17.71 Agricultural Mitigation.
Conclusion Policy 7.5: Not applicable.
PART 5 – TRANSPORTATION PLANNING RULE
Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive
plan, or a land use regulation would significantly affect an existing or planned transportation facility, the
local government shall put in place measures as provided in section (2) of this rule to assure that allowed
land uses are consistent with the identified function, capacity, and performance standards (e.g. level of
service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment
significantly affects a transportation facility if it would:
a) Change the functional classification of an existing or planned transportation facility;
b) Change standards implementing a functional classification system; or
c) As measured at the end of the planning period identified in the adopted transportation system plan:
(A) Allow types or levels of land uses that would result in levels of travel or access that are
inconsistent with the functional classification of an existing or planned transportation facility;
(B) Reduce the performance of an existing or planned transportation facility below the minimum
acceptable performance standard identified in the TSP or comprehensive plan; or
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(C) Worsen the performance of an existing or planned transportation facility that is otherwise
projected to perform below the minimum acceptable performance standard identified in the TSP
or comprehensive plan.
Finding 660-012-0060(1)(a): The proposed text amendments eliminate barriers to ADU
construction, codify recent changes in ORS 197.312, remove redundant code language and provide
only clear and objective standards. The proposed changes ease regulatory barriers to building ADUs
and creates expanded opportunities for those interested in building an ADU within the R-L, R-1, R-2,
LMR and MMR zoning districts. The proposed text amendments do not result in changes to the
classification of any or existing or planned transportation facilities based on the following:
ADUs incur up front building costs (i.e. permit fees, SDCs, taxes and construction costs) that
have been identified as a common barrier by interested property owners; therefore,
widespread construction of ADUs is not expected to increase dramatically as a result of the
proposed changes;
Since regulations were established in 2006 allowing ADUs in the City, only 18 have been
approved and constructed. During the same time period, 957 dwelling units were constructed
in the City representing less than 2% of the housing supply. Even if the rate of ADU
construction doubled, the number of ADUs constructed would be on the order of three per
year. The location of ADUs would likely be distributed in eligible zones throughout the city;
Trip generation for ADUs is based on the Multiple Family/Apartment land use in the
Institution of Traffic Engineers Trip Generation Manual, 7th Edition. The peak hour trips for
an apartment are listed as 0.62 peak hour trips, which is less than 1.01 peak hour trips
generated by a single family detached dwelling. The ITE Trip Generation Eighth edition
includes Accessory Dwelling Units as an independent land use classification (ITE Code 220),
which generates 0.27 peak hour trips. This is significantly less than peak hour trips generated
by both the multifamily and single family land uses.
In light of the above facts and analysis, the proposed code revisions will have no measurable impact
on any one street resulting in a change to the functional classification of a street within the city.
Conclusion 660-012-0060(1)(a): No significant affect.
Finding 660-012-0060(1)(b): See Finding 660-012-0060(1)(a).
Conclusion 660-012-0060(1)(b): No significant affect
Finding 660-012-0060(1)(c): The proposed text amendments are consistent with the land uses typical
of local residential streets. Based on the analysis in Finding 660-012-0060(a), the City’s ADU
inventory for the time period 2006-2019 accounts for less than 2% of the housing supply constructed
during that time. During the 2019-2039 planning period, the City is expected to add 7,216 people,
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which equates to 2,883 households based on a 2.5 person per household planning assumption per the
City’s Population Element. Assuming that the rate doubles as a result of the proposed code
amendments over the next 20-years, the City would see construction of an estimated 115 ADUs in
eligible zoning districts. The total land area within the current UGB zones that allow ADU
construction per ORS 197.312 and the proposed amendments is roughly 1,275 acres. Given the broad
area that ADUs can be constructed, historically low rates of ADU construction and low rate of trip
generation per the ITE Manual, the performance and classification of existing or planned facilities
will not be significantly affected during the planning period.
Conclusion 660-012-0060(1)(c): No significant affect.
PART 6 – SUMMARY CONCLUSION
As demonstrated in these Findings of Fact and Conclusions of the proposed zoning text amendments
have been reviewed against and found to comply with the applicable review criteria in CPMC 17.10,
Zoning Map and Text Amendments.
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GUIDANCE ON IMPLEMENTING
THE ACCESSORY DWELLING UNITS (ADU) REQUIREMENT
UNDER OREGON SENATE BILL 1051
UPDATED TO INCLUDE HB 2001 (2019)
M. Klepinger’s backyard detached ADU, Richmond neighborhood, Portland, OR.
(Photo courtesy of Ellen Bassett and accessorydwellings.org.)
OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
MARCH 2018, updated SEPTEMBER 2019
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Introduction As housing prices in Oregon go up, outpacing employment and wage
growth, the availability of affordable housing is decreasing in cities
throughout the state. While Oregon’s population continues to expand,
the supply of housing, already impacted by less building during the
recession, has not kept up. To address the lack of housing supply,
House Speaker Tina Kotek introduced House Bill (HB) 2007 during the
2017 legislative session to, as she stated, “remove barriers to
development.” Through the legislative process, legislators placed much
of the content of HB 2007 into Senate Bill (SB) 1051, which then
passed, and was signed into law by Governor Brown on August 15,
2017 (codified in amendments to Oregon Revised Statute 197.312). In
addition, a scrivener’s error1 was corrected through the passage of HB
4031 in 2018.
Among the provisions of SB 1051 and HB 4031 is the requirement
that cities and counties of a certain population allow accessory
dwelling units (ADUs) as described below:
a) A city with a population greater than 2,500 or a county with a
population greater than 15,000 shall allow in areas within the
urban growth boundary that are zoned for detached single‐
family dwellings the development of at least one accessory
dwelling unit for each detached single‐family dwelling, subject
to reasonable local regulations relating to siting and design.
b) As used in this subsection, “accessory dwelling unit” means an
interior, attached or detached residential structure that is used
in connection with or that is accessory to a single‐family
dwelling.
This requirement became effective on July 1, 2018 and subject cities
and counties must now accept applications for ADUs inside urban
growth boundaries (UGBs).
On August 8, 2019, Governor Brown signed HB 2001, which became
effective immediately and established that off‐street parking and
owner‐occupancy requirements are not “reasonable local
regulations relating to siting and design.” This means that, even if a
local development code requires off‐street parking and owner‐
occupancy, starting on August 8, 2019, local jurisdictions may not
mandate the construction of additional off‐street parking spaces
1 The scrivener’s error in SB 1051 removed the words “within the urban growth boundary.” HB 4031 added the words into
statute and thus limited the siting of ADUs to within UGBs. As a result, land within a city with a population greater than
2,500 but that is not within a UGB is not required by this law to be zoned to allow accessory dwelling units. For counties
with a population greater than 15,000, only those unincorporated areas within a UGB are required by this law to be
zoned to allow accessory dwelling units.
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nor require a property owner to live in either a primary or accessory
dwelling. The law provides an exception for ADUs that are used as
vacation rentals, which may be required to provide off‐street
parking or have owner‐occupancy requirements.
Some local governments in Oregon already have ADU regulations
that meet the requirements of SB 1051 and HB 2001, however,
many do not. Still others have regulations that, given the overall
legislative direction to encourage the construction of ADUs to meet
the housing needs of Oregon’s cities, are not “reasonable.” The
Oregon Department of Land Conservation and Development (DLCD)
is issuing this guidance and model code language to help local
governments comply with the legislation. The model code language
is included at the end of this document.
Guidance by Topic The purpose of the following guidance is to help cities and counties
implement the ADU requirement in a manner that meets the letter and spirit
of the law: to create more housing in Oregon by removing barriers to
development.
Number of Units The law requires subject cities and counties to allow “at least one
accessory dwelling unit for each detached single‐family dwelling.”
While local governments must allow one ADU where required,
DLCD encourages them to consider allowing two units. For example,
a city or county could allow one detached ADU and allow another
as an attached or interior unit (such as a basement conversion).
Because ADUs blend in well with single‐family neighborhoods,
allowing two units can help increase housing supply while not
having a significant visual impact. Vancouver, BC is a successful
example of such an approach.
Siting Standards In order to simplify standards and not create barriers to
development of ADUs, DLCD recommends applying the same or less
restrictive development standards to ADUs as those for other
accessory buildings. Typically that would mean that an ADU could be
developed on any legal lot or parcel as long as it met the required
setbacks and lot coverage limits; local governments should not
mandate a minimum lot size for ADUs. So that lot coverage
requirements do not preclude ADUs from being built on smaller lots,
local governments should review their lot coverage standards to
make sure they don’t create a barrier to development. Additionally,
some jurisdictions allow greater lot coverage for two ADUs. To
address storm water concerns, consider limits to impermeable
surfaces rather than simply coverage by structures.
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Any legal nonconforming structure (such as a house or outbuilding
that doesn’t meet current setback requirements) should be allowed
to contain, or be converted to, an ADU as long as the development
does not increase the nonconformity and it meets building and fire
code.
Design Standards Any design standards required of ADUs must be clear and objective
(ORS 197.307[4]). Clear and objective standards do not contain
words like “compatible” or “character.” With the exception of ADUs
that are in historic districts and must follow the historic district
regulations, DLCD does not recommend any special design standards
for ADUs. Requirements that ADUs match the materials, roof pitch,
windows, etc. of the primary dwelling can create additional barriers
to development and sometimes backfire if the design and materials
of the proposed ADU would have been of superior quality to those
of the primary dwelling, had they been allowed. Other standards,
such as those that regulate where entrances can be located or
require porches and covered entrances, can impose logistical and
financial barriers to ADU construction.
Public Utilities Development codes that require ADUs to have separate sewer and
water connections create barriers to building ADUs. In some cases,
a property owner may want to provide separate connections, but
in other cases doing so may be prohibitively expensive.
System Development Charges (SDCs)
Local governments should consider revising their SDC ordinances to
match the true impact of ADUs in order to remove barriers to their
development. In fact, HB 2001, passed by the Oregon Legislature in
2019, requires local governments to consider ways to increase the
affordability of middle housing types through ordinances and
policies, including waiving or deferring system development
charges. ADUs are not a middle housing type, but if a local
government is reviewing its SDCs for middle housing, that would be
a good time to review ADU SDCs as well. ADUs are generally able to
house fewer people than average single‐family dwellings, so their
fiscal impact would be expected to be less than a single‐family
dwelling. Accordingly, it makes sense that they should be charged
lower SDCs than primary detached single‐family dwellings. Waiving
SDCs for ADUs has been used by some jurisdictions to stimulate the
production of more housing units.
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Accessory Dwellings (model code)
Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure[,
pursuant to Section ,] and shall conform to all of the following standards:
[A. One Unit. A maximum of one Accessory Dwelling is allowed per legal single-family dwelling. The unit may
be a detached building, in a portion of a detached accessory building (e.g., above a garage or workshop), or
a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor).
/
A. Two Units. A maximum of two Accessory Dwellings are allowed per legal single-family dwelling. One unit
must be a detached Accessory Dwelling, or in a portion of a detached accessory building (e.g., above a
garage or workshop), and one unit must be attached or interior to the primary dwelling (e.g., an addition or
the conversion of an existing floor).]
B. Floor Area.
1. A detached Accessory Dwelling shall not exceed [800-900] square feet of floor area, or [75-85]
percent of the primary dwelling’s floor area, whichever is smaller.
2. An attached or interior Accessory Dwelling shall not exceed [800-900] square feet of floor area,
or [75-85] percent of the primary dwelling’s floor area, whichever is smaller. However,
Accessory Dwellings that result from the conversion of a level or floor (e.g., basement, attic, or
second story) of the primary dwelling may occupy the entire level or floor, even if the floor area
of the Accessory Dwelling would be more than [800-900] square feet.
C. Other Development Standards. Accessory Dwellings shall meet all other development
standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that:
1. Conversion of an existing legal non-conforming structure to an Accessory Dwelling is allowed,
provided that the conversion does not increase the non-conformity;
Note: ORS 197.312 requires that at least one accessory dwelling be allowed per detached single-family dwelling in
every zone within an urban growth boundary that allows detached single-family dwellings. The statute does not
allow local jurisdictions to include off-street parking nor owner-occupancy requirements. Accessory dwellings are
an economical way to provide additional housing choices, particularly in communities with high land prices or a
lack of investment in affordable housing. They provide an opportunity to increase housing supply in developed
neighborhoods and can blend in well with single-family detached dwellings. Requirements that accessory dwellings
have separate connections to and pay system development charges for water and sewer services can pose barriers
to development. Concerns about neighborhood compatibility and other factors should be considered and
balanced against the need to address Oregon’s housing shortage by removing barriers to development.
The model development code language below provides recommended language for accessory dwellings. The
italicized sections in brackets indicate options to be selected or suggested numerical standards that communities
can adjust to meet their needs. Local housing providers should be consulted when drafting standards for accessory
dwellings, and the following standards should be tailored to fit the needs of your community.
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2. No off-street parking is required for an Accessory Dwelling;
3. Properties with two Accessory Dwellings are allowed [10-20%] greater lot coverage than that
allowed by the zone in which they are located; and
4. Accessory dwellings are not included in density calculations.
Definition (This should be included in the “definitions” section of the zoning ordinance. It matches the
definition for Accessory Dwelling found in ORS 197.312)
Accessory Dwelling – An interior, attached, or detached residential structure that is used in
connection with, or that is accessory to, a single-family dwelling.
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: December 12, 2019
SUBJECT: Consideration of Jail Service District
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
Jackson County proposed forming a county service district in early 2019 to construct,
operate and maintain a new local correctional facility in Jackson County per ORS 451.010.
The County sought to include all county territory within the boundaries of the proposed
district. The City of Central Point approved a resolution consenting to be included in said
service district at its April 25, 2019 meeting. The City of Talent voted against being
included within the service district and as such, the County convened a committee to
consider the issue further and has brought back alternative proposals for each city’s
consideration.
Before the County can consider an order on formation of the district, the city (and all other
cities proposed to be included) must approve the creation of the district and consent to
inclusion in the boundaries of the district by resolution.
Given Talent’s original refusal to be included, the County has submitted alternate
proposals. The first would be a service district including all cities within the County, which
is currently proposed at a tax rate of $. $0.8547 per $1,000 of assessed value (this is a
slight increase over the tax rate considered in April given cost increases over time). This
means for a residence valued at $200,000, the tax would be approximately $171/year. The
County has presented an alternate proposal which would create a service district that does
not include Talent and would increase the permanent tax rate on all cities within the district.
Under this alternate scenario, the permanent tax rate would be set at $0.8719 per $1,000 of
assessed value. This means for a residence valued at $200,000, the tax would be
approximately $174/year. It is not clear what such a limited service district would mean to
the city of Talent.
Recently, the City of Talent again voted against inclusion in the service district. However,
the County has asked each City to consider approving both resolutions. In this case, the
City could still consider adopting either or both resolutions given that the City’s vote does
not create the district, it simply provides the County authority to include the City in the
8.A
Packet Pg. 139
District if it is ultimately formed.
Once the matter is set before the Board of Commissioners, it would adopt only one order,
depending upon whether or not Talent is included in the service district. In the event the
cities consent, and the County approves the order, the County shall be required to hold an
election on the question of forming the district. Authorization of the District requires
approval by a majority of the votes cast in the proposed District.
FINANCIAL ANALYSIS: The City’s measure 5 “Gap” estimate will be reduced by the
amount of the proposed jail service tax rate. The current measure 5 “Gap” estimate
amount is $3.7077.
LEGAL ANALYSIS: ORS Ch 451 allows for the establishment of a county service district
for law enforcement services, including construction, maintenance and operation of a local
correctional facility. District boundaries are established at its inception and the city must
consent to be included in the boundaries.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: 2020 City of Central Point Stratetic
Plan Values:
Public Safety: We value a professional service-oriented public safety policy that
promotes a sense of safety and security in our city
STAFF RECOMMENDATION: None
RECOMMENDED MOTION:
1) Make a motion to approve or not approve Resolution No. ______ approving a
Jackson County Order to initiate formation of a Jackson County Law Enforcement
Service District and consenting to the inclusion of city territory within the boundaries
of the District (including all cities in the County).
2) Make a motion to approve or not approve Resolution No. ______ approving a
Jackson County Order to initiate formation of a Jackson County Law Enforcement
Service District and consenting to the inclusion of city territory within the boundaries
of the District (which excludes the City of Talent).
ATTACHMENTS:
1. Cover Letter
2. Order Initiate Formation Law Enforcement SD All of JaCo May 2020 FINAL
3. Order Initiate Formation Law Enforce SD JaCo not Including Talent
4. Measure Gap Estimate
5. RESO County Law Enforcement Svc Dist (Excluding Talent)
8.A
Packet Pg. 140
8.A.a
Packet Pg. 141 Attachment: Cover Letter (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 1 of 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS
STATE OF OREGON, COUNTY OF JACKSON
IN THE MATTER OF INITIATING THE
FORMATION OF A JACKSON COUNTY LAW
ENFORCEMENT SERVICE DISTRICT
)
)
)
ORDER NO. _________________
WHEREAS, when the current Jackson County Jail opened in 1981, the population of Jackson County was
approximately 134,500 residents; and
WHEREAS, due to the increase in the population of Jackson County since the opening of the current
Jackson County Jail and other factors, the current Jackson County Jail is insufficient for the needs of the
County; and
WHEREAS, in 2017, the Jackson County Jail was required to release approximately 7,000 inmates prior
to their first court appearance solely due to a lack of capacity; and
WHEREAS, forced releases of inmates due to lack of capacity in the Jackson County Jail have impacted
the entire criminal justice system in Jackson County including, in 2017 alone, over 10,000 warrants being
issued for criminal defendants failing to appear for required court appearances and over 7,000 lodgings
into the jail for repeat offenders; and
WHEREAS, the current Jackson County Jail, due to its design and limited capacity, is not conducive to
providing comprehensive services to inmates suffering from mental health issues or addiction; and
WHEREAS, Chapter 451 of the Oregon Revised Statutes (ORS) provides for the establishment of a
county service district for law enforcement services which includes authority for the construction,
maintenance, and operation of installations, works, or services provided for the purpose of law
enforcement services; and
WHEREAS, the construction, maintenance, and operation of a local correctional facility is a law
enforcement service purpose; and
WHEREAS, without the establishment of a county service district for law enforcement services, Jackson
County will not be able to construct, operate, and maintain a new local correctional facility which
adequately meets the needs of the County; and
WHEREAS, ORS 451.435 provides that all county service districts shall be initiated, conducted, and
completed as provided by ORS 198.705 to 198.955; and
8.A.b
Packet Pg. 142 Attachment: Order Initiate Formation Law Enforcement SD All of JaCo May 2020 FINAL (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 2 of 3
WHEREAS, ORS 198.835 authorizes the county board of commissioners to initiate the formation of a
district by an order and sets forth the requirements of that order including setting the date, time, and place
of a public hearing on the proposal to form the district; and
WHEREAS, ORS 198.840 requires that notice of the public hearing on the proposal be given in the
manner set forth in ORS 198.800, except that the notice shall state that the County Board has entered an
Order declaring its intention to initiate the formation of a county service district.
Now, therefore,
The Board of County Commissioners of Jackson County ORDERS:
1. The Board intends to initiate formation of a county service district for law enforcement services
in Jackson County as authorized pursuant to ORS 451.010(1)(n) and ORS Chapter 451, which is the
principal Act governing the formation of such a district, for the purpose of constructing, operating, and
maintaining a local correctional facility in Jackson County.
2. The name of the proposed district is the Jackson County Local Correctional Facility Service
District (District).
3. The boundaries of the District shall include all territory within Jackson County as described in
ORS 201.150 including the territories of the incorporated cities within Jackson County.
4. As required by ORS 198.835(3), certified copies of City Council Resolutions of each city
approving this Initiation Order and formation of the District are attached.
5. The Jackson County Board of Commissioners will serve as the governing body of the District as
required pursuant to ORS 451.485; and
6. The District will have all of the general powers granted by ORS Chapter 451 (the principal Act)
necessary and convenient for providing law enforcement services as permitted by ORS 451.010(1)(n).
7. The District will be authorized to construct, maintain, and operate a law enforcement service
facility, specifically a local correctional facility, pursuant to ORS 451.420.
8. Jackson County voters will be asked to establish a permanent property tax rate limit of $.8547 per
$1,000 of assessed value for the District as authorized by ORS 451.547. The District will have authority
to levy and collect general property taxes up to the approved rate limit.
9. Pursuant to ORS 198.800 and 198.835, a public hearing on the formation of the Jackson County
Local Correctional Facility Service District shall be held at the Board’s regular meeting on February 5,
2020, beginning at 9:30 a.m., in the Auditorium of the Jackson County Courthouse, 10 South Oakdale,
Medford, Oregon 97501. All interested persons may appear and be heard. At this hearing, the Board will
hear testimony and receive written comment on the proposed formation of this District, including
information about the services to be provided by the District, the economic feasibility of the District, and
the permanent tax rate limit. At the conclusion of the hearing, the Board shall determine, in accordance
with criteria described in ORS 198.805, whether Jackson County could be benefited by the formation of
the county service district and whether the County should continue with the formation process.
10. Notice of the hearing shall be provided to interested persons in accordance with ORS 198.800.
8.A.b
Packet Pg. 143 Attachment: Order Initiate Formation Law Enforcement SD All of JaCo May 2020 FINAL (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 3 of 3
DATED this __ day of __________, 2020, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
_____________________________________________
Bob Strosser, Chair
_____________________________________________
Colleen Roberts, Commissioner
_____________________________________________
Rick Dyer, Commissioner
I:\Admin\BoC\z_LocalCorrectionalFacilitySvcDist\Drafts\OrderToInitiateFormation_FrmCounsel_DRAFT_rev.docx
8.A.b
Packet Pg. 144 Attachment: Order Initiate Formation Law Enforcement SD All of JaCo May 2020 FINAL (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 1 of 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS
STATE OF OREGON, COUNTY OF JACKSON
IN THE MATTER OF INITIATING THE
FORMATION OF A JACKSON COUNTY LAW
ENFORCEMENT SERVICE DISTRICT
)
)
)
ORDER NO. _________________
WHEREAS, when the current Jackson County Jail opened in 1981, the population of Jackson County was
approximately 134,500 residents; and
WHEREAS, due to the increase in the population of Jackson County since the opening of the current
Jackson County Jail and other factors, the current Jackson County Jail is insufficient for the needs of the
County; and
WHEREAS, in 2017, the Jackson County Jail was required to release approximately 7,000 inmates prior
to their first court appearance solely due to a lack of capacity; and
WHEREAS, forced releases of inmates due to lack of capacity in the Jackson County Jail have impacted
the entire criminal justice system in Jackson County including, in 2017 alone, over 10,000 warrants being
issued for criminal defendants failing to appear for required court appearances and over 7,000 lodgings
into the jail for repeat offenders; and
WHEREAS, the current Jackson County Jail, due to its design and limited capacity, is not conducive to
providing comprehensive services to inmates suffering from mental health issues or addiction; and
WHEREAS, Chapter 451 of the Oregon Revised Statutes (ORS) provides for the establishment of a
county service district for law enforcement services which includes authority for the construction,
maintenance, and operation of installations, works, or services provided for the purpose of law
enforcement services; and
WHEREAS, the construction, maintenance, and operation of a local correctional facility is a law
enforcement service purpose; and
WHEREAS, without the establishment of a county service district for law enforcement services, Jackson
County will not be able to construct, operate, and maintain a new local correctional facility which
adequately meets the needs of the County; and
WHEREAS, ORS 451.435 provides that all county service districts shall be initiated, conducted, and
completed as provided by ORS 198.705 to 198.955; and
8.A.c
Packet Pg. 145 Attachment: Order Initiate Formation Law Enforce SD JaCo not Including Talent (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 2 of 3
WHEREAS, ORS 198.835 authorizes of the county board of commissioners to initiate the formation of a
district by an order and sets forth the requirements of that order including setting the date, time, and place
of a public hearing on the proposal to form the district; and
WHEREAS, ORS 198.840 requires that notice of the public hearing on the proposal be given in the
manner set forth in ORS 198.800, except that the notice shall state that the County Board has entered an
Order declaring its intention to initiate the formation of a county service district.
Now, therefore,
The Board of County Commissioners of Jackson County ORDERS:
1. The Board intends to initiate formation of a county service district for law enforcement services
in Jackson County as authorized pursuant to ORS 451.010(1)(n) and ORS Chapter 451, which is the
principal act governing the formation of such a district, for the purpose of constructing, operating, and
maintaining a local correctional facility in Jackson County.
2. The name of the proposed district is the Jackson County Local Correctional Facility Service
District (District).
3. The boundaries of the District shall include all territory within Jackson County as described in
ORS 201.150 including the territories of the incorporated cities within Jackson County except for the
incorporated area of the City of Talent effective July 1, 2020.
4. As required by ORS 198.835(3), certified copies of City Council Resolutions of each city
approving this Initiation Order and formation of the District are attached.
5. The Jackson County Board of Commissioners will serve as the governing body of the District as
required pursuant to ORS 451.485; and
6. The District will have all of the general powers granted by ORS Chapter 451 (the Principal Act)
necessary and convenient for providing law enforcement services as permitted by ORS 451.010(1)(n).
7. The District will be authorized to construct, maintain, and operate a law enforcement service
facility, specifically a local correctional facility, pursuant to ORS 451.420.
8. Jackson County voters will be asked to establish a permanent property tax rate limit of $0.8719
per $1,000 of assessed value for the District as authorized by ORS 451.547. The District will have
authority to levy and collect general property taxes up to the approved rate limit.
9. Pursuant to ORS 198.800 and 198.835, a public hearing on the formation of the Jackson County
Local Correctional Facility Service District shall be held at the Board’s regular meeting on February 5,
2020, beginning at 9:30 a.m., in the Auditorium of the Jackson County Courthouse, 10 South Oakdale,
Medford, Oregon 97501. All interested persons may appear and be heard. At this hearing, the Board will
hear testimony and receive written comment on the proposed formation of this District, including
information about the services to be provided by the District, the economic feasibility of the District, and
the permanent tax rate limit. At the conclusion of the hearing, the Board shall determine, in accordance
with criteria described in ORS 198.805, whether Jackson County could be benefited by the formation of
the county service district and whether the County should continue with the formation process.
10. Notice of the hearing shall be provided to interested persons in accordance with ORS 198.800.
8.A.c
Packet Pg. 146 Attachment: Order Initiate Formation Law Enforce SD JaCo not Including Talent (1226 : Consideration of Jail Service District)
ORDER INITIATING THE FORMATION OF A JACKSON COUNTY LAW ENFORCEMENT
SERVICE DISTRICT - Page 3 of 3
DATED this __ day of __________, 2020, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
_____________________________________________
Bob Strosser, Chair
_____________________________________________
Colleen Roberts, Commissioner
_____________________________________________
Rick Dyer, Commissioner
I:\Admin\BoC\z_LocalCorrectionalFacilitySvcDist\Drafts\OrderToInitiateFormation_FrmCounsel_DRAFT_rev.docx
8.A.c
Packet Pg. 147 Attachment: Order Initiate Formation Law Enforce SD JaCo not Including Talent (1226 : Consideration of Jail Service District)
MEASURE 5 GAPESTIMATEFY 19-20Nr (494e)wHrrE ctTY (924)TALENT (2206)BUTTE FALLS (9101)GOLD H|LL (601)EAGLE POTNT (901)PHOENTX (419)MEDFORD (4901)ROGUE R|VER (3501)SHADYCOVE (915)ASHLAND (501)JACKSONVILLE (102)PO|NT (220)wHrTE C|TY (140)TALENT (300)BUTTE FALLS (210)GOLD H|LL (240)EAGLE POTNT (230)PHOENTX (270)MEDFORD (260)ROGUE RTVER (280)SHADYCOVE (290)ASHLAND (200)JACKSONVTLLE (250)7061,092,629,216644,409,59222,969,566I 17,606,8501,058,O12,841531,977 ,76411,150,428,769347,516,317375,145,9444,348,938,705735,424,1661,375,815,852,724430,597,876I 8,163,02883,752,472738,930,152356,488,6238,031,798,136186,276,325288,604,9r 12,832,483,073484,232,'t880 30720 28220000 28880 30100 30720 2891DUE TOCOMPRESSION760 03$1178691,222 67$65 07$9.17$43 49$3,995 s1$193 23$8.31$o 19$10 59$0 042 32112 77457 24941 67922 45843 26ô55 10853 14920 54744 28651 6530I 96282 00991 72s62 00992 00992 0099I 80051 9392 00992 00992 0099I 80390 50780520 44650520520520 46590.50170.520520520 46680 0410 03520 0410 0410 0410 03680 03960 0410 0410 0410 03680 04190 04290 0369o 0429o 04290 04290 0385o 0414o 04290 04290 04290 03863 0462311942 7447U3 11943.1 I 94286440'I 93132.018100.050 0430050050.050 04480 04830050050050 0449000U0000.7s1290I 41110 19319917 4624I 241610 3988I 47428.49435 2293219,657,76710,926,2926,444,096229,696't,176,06910,580,1285,319,7781'11,504,2883,475,1633,751,45943,489,3877,354,242141214 29112 998615 353815 18744 9812 733110.1617 76936 80639 821914 31Jackson County31,533,925,326 315,339,253 2't,859,437.762 144258915,924 02M5 Value = RMV less adjustments for spec¡ally assessed propertyRMV = Real Market ValueMAV = Max¡mum Assessed ValueTAV = Taxable Assessed ValueTAV is lower of M5 Value or MAVM5 Limit = $10 x (M5 value/1000)M50 Limit = (M5 L¡mit /TAV) x 1000Gap = ¡459 Limit - TotalVCTR = Value to Compute the Tax Rate (TAV less adjustments)This is an est¡mate based on total values for each city Actual calculations are performed on each tax lot ¡ndividually by the Assessor,s off¡ceTotal loss due to compression from SAL Table 4ATaxesto1 0/1 000Government LimitationSOILA¡úATERURcLCITYALUEI,,1 ,oulM50 LimM5 LimM5VGapCITY ( District lD)8.A.dPacket Pg. 148Attachment: Measure Gap Estimate (1226 : Consideration of Jail Service District)
Res. No.___________; December 12, 2019 Page 1
RESOLUTION NO. ______________
RESOLUTION APPROVING A JACKSON COUNTY ORDER TO INITIATE FORMATION OF A JACKSON
COUNTY LAW ENFORCEMENT SERVICE DISTRICT AND
CONSENTING TO THE INCLUSION OF CITY TERRITORY WITHIN THE BOUNDARIES OF THE
DISTRICT (Excluding Talent)
The City Council of the City of Central Point, Oregon (City), finds:
a. The Jackson County, Oregon, Board of Commissioners intends to form a county
service district for law enforcement services under the authority of Oregon Revised Statute
(ORS) 451.010(1)(n). The name of the proposed district is the Jackson County Local
Correctional Facility Service District (hereinafter “District”). The proposed District would
have authority to construct, operate, and maintain a local correctional facility in Jackson
County.
b.The Jackson County Board of Commissioners may initiate the formation of the District
by adopting an order under authority of ORS 198.835. The Board proposes to include all
county territory within the boundaries of the proposed District except for the City of Talent,
as effective July 1, 2020.
c. Jackson County voters will be asked to establish a permanent property tax rate limit of
$0.8719 per $1,000 of assessed value for the District as authorized by ORS 451.547.
d.The territory of the City may only be included within the boundaries of the District if
the City Council adopts a resolution approving the proposed Jackson County Order Initiating
Formation of a Jackson County Law Enforcement Service District. The proposed Order is
attached hereto.
e.The City Council believes that a law enforcement service district for the construction,
operation, and maintenance of a local correctional facility in Jackson County is in the best
interests of the citizens of the City.
The City of Central Point resolves as follows:
Section 1. The City of Central Point hereby consents to the inclusion of all the territory of
the City within the boundaries of the proposed Jackson County Local Correctional Facility
Service District, and approves the Jackson County Board of Commissioners’ proposed Order
Initiating Formation of a Jackson County Law Enforcement Service District in substantially
the form attached hereto.
8.A.e
Packet Pg. 149 Attachment: RESO County Law Enforcement Svc Dist (Excluding Talent) (1226 : Consideration of Jail Service District)
Res. No.___________; December 12, 2019 Page 2
Passed by the Council and signed by me in authentication of its passage this _____ day of
December, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
STATE OF OREGON )
) ss
County of Jackson )
I certify that the foregoing is a true copy of the original resolution on file in the office of
the City Recorder.
_____________________________
City Recorder
8.A.e
Packet Pg. 150 Attachment: RESO County Law Enforcement Svc Dist (Excluding Talent) (1226 : Consideration of Jail Service District)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: December 12, 2019
SUBJECT: Resolution No. ______________, Approving a Jackson County Order to
Initiate Formation of a Jackson County Law Enforcement Service District
and Consenting to the Inclusion of City Territory Within the Boundaries of
the District (All Cities)
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Please refer to the previous staff report for details on this Resolution.
ATTACHMENTS:
1. Jail Resolution all cities
8.B
Packet Pg. 151
Res. No.___________; December 12, 2019 Page 1
RESOLUTION NO. ______________
RESOLUTION APPROVING A JACKSON COUNTY ORDER TO INITIATE FORMATION OF A JACKSON
COUNTY LAW ENFORCEMENT SERVICE DISTRICT AND
CONSENTING TO THE INCLUSION OF CITY TERRITORY WITHIN THE BOUNDARIES OF THE
DISTRICT (All Cities)
The City Council of the City of Central Point, Oregon (City), finds:
a. The Jackson County, Oregon, Board of Commissioners intends to form a county
service district for law enforcement services under the authority of Oregon Revised Statute
(ORS) 451.010(1)(n). The name of the proposed district is the Jackson County Local
Correctional Facility Service District (hereinafter “District”). The proposed District would
have authority to construct, operate, and maintain a local correctional facility in Jackson
County.
b.The Jackson County Board of Commissioners may initiate the formation of the District
by adopting an order under authority of ORS 198.835. The Board proposes to include all
county territory within the boundaries of the proposed District.
c. Jackson County voters will be asked to establish a permanent property tax rate limit of
$0.8547 per $1,000 of assessed value for the District as authorized by ORS 451.547.
d.The territory of the City may only be included within the boundaries of the District if
the City Council adopts a resolution approving the proposed Jackson County Order Initiating
Formation of a Jackson County Law Enforcement Service District. The proposed Order is
attached hereto.
e.The City Council believes that a law enforcement service district for the construction,
operation, and maintenance of a local correctional facility in Jackson County is in the best
interests of the citizens of the City.
The City of Central Point resolves as follows:
Section 1. The City of Central Point hereby consents to the inclusion of all the territory of
the City within the boundaries of the proposed Jackson County Local Correctional Facility
Service District, and approves the Jackson County Board of Commissioners’ proposed Order
Initiating Formation of a Jackson County Law Enforcement Service District in substantially
the form attached hereto.
8.B.a
Packet Pg. 152 Attachment: Jail Resolution all cities (1228 : Jail Resolution All Cities)
Res. No.___________; December 12, 2019 Page 2
Passed by the Council and signed by me in authentication of its passage this _____ day of
December, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
STATE OF OREGON )
) ss
County of Jackson )
I certify that the foregoing is a true copy of the original resolution on file in the office of
the City Recorder.
_____________________________
City Recorder
8.B.a
Packet Pg. 153 Attachment: Jail Resolution all cities (1228 : Jail Resolution All Cities)
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: December 12, 2019
SUBJECT: System Development Charge Agreement - South Haskell Street
Extension in Chickory Village
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City has been working with Bob Fellows Construction on
an agreement to extend South Haskell Street through the Chickory Village Development
property to the edge of the current City Limits. South Haskell Street is a Collector that will
eventually connect to Beall Lane. It is a meaningful connection to alleviate traffic congestion at
Haskell and Pine Streets.
In most development scenarios, the City agrees to an amount for System Development Charge
(SDC) Credits, and the public improvements are constructed. The credits are then subtracted
from the individual building permits as each building is constructed. This particular scenario is
different because the developer, Bob Fellows, has requested a cash payment be made upfront
instead of the credits because of a small number of lots associated with the development and
the broad public street that was needed. In this scenario as each home is built the full SDCs will
be paid and no credits will be issued.
The City has reviewed the formal bid numbers from the developer's construction company,
Central Pipeline Inc. and has agreed upon the prices and the percentages for reimbursement.
The total compensation to the developer is $80,256.79.
FINANCIAL ANALYSIS: The cash payment would be for the improvements to South Haskell
Street for $49,677.53 and $19,506.86 for the needed right of way. That amount would be paid
for from the City Street System Development Fund. An additional $11,072.41 would come from
the City’s Water System Development Fund for upsizing the waterline from 8” to 12”.
LEGAL ANALYSIS: ORS 223.304(5)(c) authorizes the City to utilize other means to provide a
credit for qualified public improvements, including a cash payment.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: City of Central Point 2020 Strategic Plan:
Transportation Goal 1- Ensure citizens can get where they want to be, when they want to be
8.C
Packet Pg. 154
there, enjoy the trip, and eliminate the stress of travel.
Strategies: a. Provide easy access to transportation; b. Aggressively encourage connectivity
throughout all new development c. Encourage retrofitted and expanded connectivity throughout
existing development; d. Refine Transportation Systems Plan (TSP) to include new growth
areas;
STAFF RECOMMENDATION: Staff recommends approving the resolution paying Bob Fellows
construction for the upsizing of the South Haskell Street to a Collector Street.
RECOMMENDED MOTION: Staff recommends approving Resolution ____
Approving a System Development Charge Reimbursement Agreement for Chickory Village and
authorizing the City Manager to execute the agreement.
ATTACHMENTS:
1. RESO Approving SDC Cash Reimbursement Chicory Village
2. SDC Credit Agt Chickory Village v2 (SD revisions)
3. Copy of LindseyCourtSDCreimbursement sheet 1
4. Copy of COST DIFFERENCE water sheet 2
8.C
Packet Pg. 155
Res. No.___________; December 12, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING A SDC REIMBURSEMENT AGREEMENT – CHICORY
VILLAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT
Recitals:
A. Central Point Municipal Code Section 11.12.110(B) authorizes an improvement fee
credit for the cost of a qualified public improvements associated with a development.
B. ORS 223.304(5)(c) provides that local governments may provide a share of the costs for
a qualified public improvement by credit, or by other means if it so chooses.
C. The Developer for Chicory Village has agreed to construct the following qualified public
improvements: Extension and upsizing of South Haskell Street from a TOD Minor
Residential Street to a TOD Residential Collector, from its current terminus
approximately 245 feet to the south through the Chickory Village Development and
upsizing of the waterline from 8” to 12”.
D. Upon completion of these qualified public improvements, Developer would be entitled
to seek a credit under Code Section 11.12.110(B) for those portions exceeding the City’s
minimum standard facility size or capacity needed to serve the subdivision in the total
amount of $69,184.39 for Streets and $11,072.41 for Water.
E. In lieu of a credit against SDC fees, Developer requests and City agrees to provide a cash
reimbursement in the amounts specified in the agreement herein. The City Council finds
there are adequate SDC funds available in the respective SDC accounts to issue such
reimbursement amounts and meet all pending or planned system-wide extra-capacity
priorities, as defined by the City Council.
The City of Central Point resolves as follows:
Section 1. The City hereby approves the SDC Reimbursement Agreement – Chickory Village on
the terms and conditions set forth on the attached Exhibit “A”.
Section 2. The City Manager or his designee is directed and authorized to execute the SDC
Reimbursement Agreement in the form attached hereto as Exhibit “A”.
8.C.a
Packet Pg. 156 Attachment: RESO Approving SDC Cash Reimbursement Chicory Village (1227 : SDC Agreement - South Haskell Street Extension)
Res. No.___________; December 12, 2019 Page 2
Passed by the Council and signed by me in authentication of its passage this _____ day
of December, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
8.C.a
Packet Pg. 157 Attachment: RESO Approving SDC Cash Reimbursement Chicory Village (1227 : SDC Agreement - South Haskell Street Extension)
Page 1 SDC Credit Agt Chickory Village v2 (SD revisions)
City of Central Point
SDC Reimbursement Agreement - Chickory Village
SDC Reimbursement Agreement between the City of Central Point (City) and Bob
Fellows Construction (“Developer”) and dated this ____________ day of ______, 2019.
RECITALS:
A. Developer is the developer of Chickory Village, a subdivision proposed to
be situated within the City (the "Subdivision"). The Subdivision received
preliminary plat approval dated __________________ , Central Point
Planning Department file # _________________. The approval includes
the construction of improvements including:
Extension of the South Haskell Street, which is categorized as a minor
collector, from its current terminus approximately 245 feet to the south
through the Chickory Village Development. A depiction of the foregoing
improvements is attached hereto at Exhibit “A”.
B. Central Point Municipal Code Section 11.12.110(B) authorizes an
improvement fee credit for the cost of a qualified public improvement
associated with a development.
C. ORS 223.304(5)(c) provides that local governments may provide a share
of the costs for a qualified public improvement by credit, or by other
means if it so chooses.
D. System Development Charge (SDC) improvement and reimbursement
fee credits authorized under Chapter 11.12 of the Municipal Code of
Central Point (“Code”) have been computed by the Developer and
confirmed by the City to be $69,184.39 for Streets and $11,072.41 for
Water.
E. Developer has demonstrated that the following described portion of the
improvements described in Recital A are qualified public improvements
under Code Section 11.12.030(F)(2):
Extension and Upsizing Haskell Street from a TOD Minor Residential
Street to a TOD Residential Collector, and upsizing the waterline from 8
inch to 12 inch.
F. Upon completion of these qualified public improvements, Developer would
be entitled to seek a credit under Code Section 11.12.110(B) for those
portions exceeding the City’s minimum standard facility size or capacity
needed to serve the Subdivision.
8.C.b
Packet Pg. 158 Attachment: SDC Credit Agt Chickory Village v2 (SD revisions) (1227 : SDC Agreement - South Haskell Street Extension)
Page 2 SDC Credit Agt Chickory Village v2 (SD revisions)
G. In lieu of a credit against SDC fees, Developer requests and City agrees
to provide a cash reimbursement in the amounts specified in the
agreement herein. The City finds there are adequate SDC funds available
in the respective SDC accounts to issue such reimbursement amounts
and meet all pending or planned system-wide extra-capacity priorities, as
defined by the City Council.
City and Developer agree:
1. Upon completion of the qualified public improvements described in Recital E in
accordance with plans approved by the City, City will credit Developer the maximum
sum available for the transportation SDC in the amount of $___________ and water
SDC of $_____________ as cash payments. For purposes of this section, “completion
of the qualified public improvement” shall mean that following construction close-out,
Developer has provided as-built plan drawings and a minimum of a one-year written
warranty guarantee for all improvements constructed on land to be transferred to the
City and a final inspection has been conducted by the City. City staff will inspect all
improvements and, if necessary, develop a closeout deficiency list. Once all deficiency
list items have been satisfied, the one-year warranty will go into effect and, upon receipt
of the close out documents, including the as-built plan drawings and final permit
approvals, credits will be issued as provided in this SDC reimbursement agreement. In
the event that closeout deficiency items are not completed within 30 days of notice of
deficiencies, the City may opt to correct the deficiencies and withhold SDC credits in the
amount necessary for the corrective action. In such an event, the City shall provide the
developer written notice of the outstanding deficiencies and the cost of corrective action.
The Developer shall have ten (10) business days to make the corrections. If no action is
taken by the Developer, the City may proceed to take the corrective actions and issue
the credits, less the cost of the corrective actions.
2. The cash reimbursement in lieu of credit described above is subject to the following
limitations:
Type of Improvement Improvement and Reimbursement Fee
Credit
Extension of a TOD Collector, for all
street improvements.
$49,677.53
Widening from a TOD Minor Residential
to a TOD Collector. Credited at $2.72, 27
feet x 265.81.
$19,506.86
Upsizing a Waterline from 8 to 12 inch $11,072.41
8.C.b
Packet Pg. 159 Attachment: SDC Credit Agt Chickory Village v2 (SD revisions) (1227 : SDC Agreement - South Haskell Street Extension)
Page 3 SDC Credit Agt Chickory Village v2 (SD revisions)
2.2. Excess credit may be applied against improvement fees that accrue in
subsequent phases of the Subdivision, if any. The subsequent phases of
this Subdivision are acknowledged to be the following:
None.
2.3. Credits must be applied within ten years from the date of this agreement
or they automatically expire without further notice or documentation.
None. Cash payment in lieu of credit provided.
2.4. Credit shall not be transferable from one development to another or from
one type of capital improvement to another.
None. Cash payment in lieu of credit provided.
2.5 This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives,
successors, and assigns. This Agreement may be enforced by an action
at law or in equity.
2.6 Developer agrees the SDC cash credit provided herein constitutes the full
credit to which Developer would otherwise be entitled under CPMC 11.12.
Developer City
By: _______________ By: __________________
Title: ______________ Title:_________________
8.C.b
Packet Pg. 160 Attachment: SDC Credit Agt Chickory Village v2 (SD revisions) (1227 : SDC Agreement - South Haskell Street Extension)
Chickory Village - S. Haskell
Share-out Calcs (sent from City)ROW Asphalt
Development TOD - Minor Residential Street 52 28
Required TOD- Residential Collector 79 44
Difference 27 16
Improvement Credits (per Central Pipeline bid)
Item No.Bid Amount City Share Pay Amount Explanation
1 Mobilization $4,995.00 35.00%$1,748.25 Based on Percentage
2 Clear & Grub $5,550.00 35.00%$1,942.50 Based on Percentage
3 Road Fabric $2,129.25 36.36%$774.20 Based on Percentage of Asphalt
4 Excavation $12,913.74 36.36%$4,695.44 Based on Percentage of Asphalt
5 3/4" Agg Base $38,741.22 36.36%$14,086.31 Based on Percentage of Asphalt
6 Curb & Gutter $8,542.56 50.00%$4,271.28 For East side not required of developer
7 Sidewalk $14,694.55 50.00%$7,347.28 For East side not required of developer
8 AC Paving $20,523.90 36.36%$7,462.49 Based on Percentage of Asphalt
9 Lights $9,000.00 35.00%$3,149.80 Flat Rate
24 BMC Cabinet $12,000.00 35.00%$4,200.00 Based on Percentage
Improvement Subtotal $49,677.53
Waterline Upsizing
12" Water Line 24,883.50 13,811.09 $11,072.41 See sheet 2
Right-of-Way Credits Calculation
length of Haskell Imp.265.81 (per tentative plat)
7176.87 Right of way area (27' width from above * 265.81')
Real Market Land Val per JaCo 223,770$
Acres per JaCo Assessment 1.89 82328.4 area in sq.ft.
$/sq. ft. per JaCo Assessment 2.72$
Collector Right-of-Way Value 19,506.86$
Total SDC Credit due to Developer $80,256.79
8.C.c
Packet Pg. 161 Attachment: Copy of LindseyCourtSDCreimbursement sheet 1 (1227 : SDC Agreement - South Haskell
Bid No: E397152 Page 1 of 2
Estimate:E397152
Bid Date:10/8/2019
Line Qty UoM Description Unit Price Extended Price
12" MATERIAL
1 182.5 FT 12" CL 54 DI PIPE TJ 18.25' LENGTH ASPHALTIC COATED ANSI/AWWA
C151/A21.51 AND CEMENT LINED ANSI/AWWA C104/A21.4 WITH SBR
GASKET
41.53 7,579.23
2 73 FT 12" CL 54 DI PIPE TR FLEX 18.25' LENGTH ASPHALTIC COATED ANSI/AWWA
C151/A21.51 AND CEMENT LINED ANSI/AWWA C104/A21.4 WITH SBR
GASKET INCLUDES 2 LEFT AND RIGHT SEGMENT AND 2 RUBBER RETAINERS
57.02 4,162.46
3 1 EA 12" X 8" MJ TEE DI,AWWA C153,C/L,LESS ACCESS (123 LBS) DOMESTIC 470.94 470.94
4 1 EA 12" MJ TEE DI AWWA C153 C/L LESS ACCESSORIES DOMESTIC 620.79 620.79
5 1 EA 12" MJ PLUG TAPPED 2" IP DI,SSB,AWWA C153,LESS ACCESS (46 LBS)
DOMESTIC
204.65 204.65
6 1 EA 12" X 8" MJ REDUCER B X B DI,AWWA C153,C/L, LESS ACCESS (64 LBS)
DOMESTIC
245.75 245.75
7 1 EA 12" X 6" MJ REDUCER B X B DI,AWWA C153,C/L,LESS ACCESS (67 LBS)
DOMESTIC
240.61 240.61
8 1 EA 12" MJ 22 1/2 ELL DI,AWWA C153,C/L,LESS ACCESS (90 LBS) DOMESTIC 325.37 325.37
9 1 EA 12" MJ 11 1/4 ELL DI, AWWA C153, C/L LESS ACC (79 LBS) DOMESTIC 308.25 308.25
10 4 EA 12" MJ X MJ RESILIENT SEAT GATE VALVE, C509 DUCTILE IRON FULL BODY,
LESS MJ ACC
1,941.52 7,766.08
11 15 EA 12" WEDGE ACTION MJ KIT FOR DI PIPE W/BOLTS, WEDGE ACTION GLAND &
GASKET (BOXED WITH BLACK LETTERING)
132.07 1,981.05
12 1 EA 12" GASKET AND T-BOLT KIT FOR C153 MJ FITTINGS 34.08 34.08
13 4 EA 12" FOSTER ADAPTER W/MJ ACC KIT 12FA-BC DOMESTIC 236.06 944.24
Section Subtotal:24,883.50
8" MATERIAL
14 182.5 FT 8" CL 54 DI PIPE TJ 18.25' LENGTH ASPHALTIC COATED ANSI/AWWA
C151/A21.51 AND CEMENT LINED ANSI/AWWA C104/A21.4 WITH SBR
GASKET
27.10 4,945.75
15 73 FT 8" CL 54 DI PIPE TR FLEX 18.25' LENGTH ASPHALTIC COATED ANSI/AWWA
C151/A21.51 AND CEMENT LINED ANSI/AWWA C104/A21.4 WITH SBR
GASKET INCLUDES 1 LEFT AND RIGHT SEGMENT AND 1 RUBBER RETAINER
33.09 2,415.57
16 2 EA 8" MJ TEE DI,AWWA C153,C/L,LESS ACCESS (90 LBS) DOMESTIC 281.71 563.42
17 1 EA 8" MJ PLUG TAPPED 2" IP DI,SSB,AWWA C153, LESS ACCESS (26 LBS)
DOMESTIC
143.85 143.85
18 1 EA 8" MJ SLEEVE LONG PATTERN DI, AWWA C153 LESS ACCESSORIES (53 LBS)
DOMESTIC
149.85 149.85
19 1 EA 8" X 6" MJ REDUCER B X B DI,AWWA C153,C/L,LESS ACCESS (40 LBS)
DOMESTIC
125.87 125.87
Customer:CENTRAL PIPELINE INC
Estimator:Dale Haskell
Job Name:COST DIFFERENCE BETWEEN 12" & 8" WATER FOR CHICORY VILLAGE
Location:CENTRAL POINT, OR
8.C.d
Packet Pg. 162 Attachment: Copy of COST DIFFERENCE water sheet 2 (1227 : SDC Agreement - South Haskell Street Extension)
Bid No: E397152 Page 2 of 2
20 1 EA 8" MJ 22 1/2 ELL DI,AWWA C153,C/L,LESS ACCESS (51 LBS) DOMESTIC 149.85 149.85
21 1 EA 8" MJ 11 1/4 ELL DI, AWWA C153, C/L LESS ACC (48 LBS) DOMESTIC 137.00 137.00
22 4 EA 8" MJ X MJ RESILIENT SEAT GATE VALVE, C509 DUCTILE IRON FULL BODY,
LESS MJ ACC
984.00 3,936.00
23 15 EA 8" WEDGE ACTION MJ KIT FOR DI PIPE W/BOLTS, WEDGE ACTION GLAND &
GASKET (BOXED WITH BLACK LETTERING)
69.25 1,038.75
24 1 EA 8" GASKET AND T-BOLT KIT FOR C153 MJ FITTINGS 24.65 24.65
25 1 EA 8" FOSTER ADAPTER W/MJ ACC KIT 8FA-BC DOMESTIC 180.53 180.53
Section Subtotal:13,811.09
DIFFERENCE
26 DIFFERENCE BETWEEN 12" MATERIAL & 8" MATERIAL IS
$11,072.41
Section Subtotal:0.00
Approximate Total 38,694.59
8.C.d
Packet Pg. 163 Attachment: Copy of COST DIFFERENCE water sheet 2 (1227 : SDC Agreement - South Haskell Street Extension)