HomeMy WebLinkAboutCAP010920
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, January 9, 2020
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(1605) Ord (2063)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Fiscal Year 2018-19 Audit Report (Weber)
V. 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.
VI. CONSENT AGENDA
A. Approval of December 12, 2019 City Council Minutes
B. Arbor Week Proclamation 2020
C. Acceptance of 2018-2019 Annual Audit Report
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. ORDINANCES, AND RESOLUTIONS
A. Ordinance No. ________, Amending CPMC Chapter 15.04, Building Code to
Comply with Updates and References to New State Code (Humphrey)
B. Ordinance No. ________, 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)
C. Resolution No. ________, A Resolution Accepting the Dedication of Right-of-
Way from School District 6 for public improvements on North Front Street
adjacent to the Maker's Space (Samitore)
IX. BUSINESS
A. Planning Commission Report
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION
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Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.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
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: January 9, 2020
SUBJECT: Fiscal Year 2018-19 Audit Report
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: In accordance with Oregon Revised Statutes 297.425 as
specified in Oregon Administrative Rules 162-10-000 through 162-010-320 of the Minimum
Standards for Audits of Municipal Corporations, an audit of the financial records of the City of
Central Point for the fiscal year 2018-19 was required.
The accounting firm of Isler CPAs from Eugene performed the audit for the 2018-19 fiscal year
and rendered the opinion that the financial statements present fairly, in all material aspects, the
respective financial position, changes in financial position, and respective budgetary comparison
of the City of Central Point.
FINANCIAL ANALYSIS: N/A
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A
STAFF RECOMMENDATION: Accept the fiscal year 2018-19 audit report as presented.
RECOMMENDED MOTION: Approve the Consent Agenda acceptint the fiscal year 2018-19
audit report as presented.
ATTACHMENTS:
1. 2019 City of Central Point Audit Report (Available online)
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CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, December 12, 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
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison;
Environmental Services Coordinator Stephanie Holtey; Building Official Derek
Zwagerman; Parks and Public Works Director Matt Samitore, Police Captain Dave Croft,
and Public Works Office Assistant Cyndi Weeks were also present.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of November 14, 2019 City Council Minutes
VI. PUBLIC HEARING
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
Building Official Derek Zwagerman discussed a section of the Municipal Code
Chapter 15 that needs to be updated to meet the new State code that goes into
effect January 1, 2020.
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Packet Pg. 4 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
December 12, 2019
Page 2
Kelley Johnson made a motion to move to second reading An Ordinance
Amending CPMC Chapter 15.04, Building Code to Comply with Updates and
References to New State Code.
RESULT: 1ST READING [UNANIMOUS]
Next: 1/9/2020 7:00 PM
MOVER: Kelley Johnson, Ward II
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Motion to: Amend Set Back Requirements for Ordinance regarding Zoning Text
Accessory Dwelling Unit (ADU)
Neil Olsen was opposed to the change in the setback for the following
ordinance and moved to keep the setback at 10 feet.
RESULT: APPROVED [5 TO 1]
MOVER: Neil Olsen, Ward I
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Parsons
NAYS: Rob Hernandez
RECUSED: Taneea Browning
C. Ordinance No. ________, 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.
Environmental Services Coordinator Stephanie Holtey presented proposed
amendments to several of the Zoning Ordinance sections to eliminate or ease
barriers to accessory dwelling units on single family lots to allow more affordable
housing options. Proposed amendments include 1) increase the size limits from 35%
of house size to 50%, 2) eliminate the requirement for off-street parking, 3) limit
building height to 25 feet, and 4) reduce rear yard setback from 10 ft. to 5 ft. She also
explained that this is in response to legislation requirements from the State of
Oregon to create more affordable housing opportunities.
Taneea Browning stated that she had a potential conflict of interest and would not be
participating in the discussion or vote on this item.
Mike Parsons made a motion 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 as amended.
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Packet Pg. 5 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
December 12, 2019
Page 3
RESULT: 1ST READING AS AMENDED [6 TO 0]
Next: 1/9/2020 7:00 PM
MOVER: Neil Olsen, Michael Parsons
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
RECUSED: Taneea Browning
VII. ORDINANCES, AND RESOLUTIONS
A. Consideration of Jail Service District
City Attorney Sydnee Dreyer explains the two resolutions for the jail. One would be in
case Talent continues to be excluded in the district with a slightly higher rate and one
that would include all cities. This is simply the first step to create the district with
many steps to follow.
City Manager Chris Clayton presented that the tax rate would be $0.8547 per $1,000
if Talent is included in the district and $0.8719 per $1,000 if Talent is excluded.
Jackson County Sheriff Nate Sickler presented the goals of the new jail. There will be
798 beds, allowing criminals to stay long enough to become stabilized and get the
outside help from mental health services and improve outcomes. Chris Clayton
brought up the fact that the tax rates will eventually fully fund the operations of the
jail after the first 20 years.
Resident Antone Pedersen came forward against the proposed jail. He is on a limited
income and thinks that the focus should be on the cause of the increase of criminals
instead of the jail.
Mike Parsons made a motion to approve Resolution No. 1602, 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)
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
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)
Rob Hernandez made a motion to approve Resolution No. 1603, 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).
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Packet Pg. 6 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
December 12, 2019
Page 4
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. System Development Charge Agreement - South Haskell Street Extension in
Chickory Village
Parks and Public Works Director Matt Samitore stated that there are two properties
on South Haskell that would finish the connection to Beall. Bob Fellows Construction
has been working with the City regarding this project and has requested a cash
payout instead of being issued credits due to the small size of the project. The total
cash payment of $80,256.79 includes widening of the street, right of way costs, and
upsizing of the waterline.
Larry Martin stood up to say that he is in full agreement of the project and the
proposal. It would relieve traffic at the Haskell and Pine intersection.
Kelly Johnson made a motion to approve Resolution No. 1604, System
Development Charge Agreement - South Haskell Street Extension in Chickory
Village.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VIII. MAYOR'S REPORT
Mayor Williams reported that he attended:
Water Commission meeting
Community Christmas Tree Lighting
Medford Chamber Forum
A Cub Scout meeting
IX. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He attended the Medford Chamber lunch at Asante. They will be investing $650 million
in the region on projects such as a new cancer center, a women’s and children’s
hospital, and a new behavioral health center.
Mike Quilty will be serving on the transportation committee again.
The City discussed the insurance coverage in regards to the IT breach we had and
believe that many of the costs will be reimbursed by insurance.
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Packet Pg. 7 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
December 12, 2019
Page 5
Staff continues to work on strategic plan revisions and will be discussed on January 27th
during the Study Session.
The City held its annual Benefits Fair on December 11th and it was well attended.
He attended the League of Oregon Cities training that was also well attended.
The City continues to work with the remaining property owner on S Haskell to move
forward with that project.
Tom Humphrey is retiring at the end of this year, but will contract back with the City for
2020 with a reduced work week, which will produce a considerable cost saving while
maintaining existing service levels.
X. COUNCIL REPORTS
Council Member Kelley Johnson reported that she attended:
Strategic Planning at Twin Creeks
Community Christmas
Council Member Melody Thueson reported that she attended the League of Oregon
Cities training.
Council Member Rob Hernandez reported that he attended:
School Board meeting
Crater Foundation dessert auction
Southern Oregon Timber Industries banquet
Council Member Taneea Browning reported that she attended:
Study Session and Strategic Planning at Twin Creeks
Fire District 3 board meeting
Community Christmas parade
Crater Foundation dessert auction
League of Oregon Cities meeting in Salem and Central Point
Council Member Mike Parsons reported that he attended:
Chamber lunch
RVSS board meeting
Parks & Recreation committee meeting
Jail advisory meeting
Providence Festival of Trees
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City of Central Point
City Council Minutes
December 12, 2019
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Community Christmas parade
Council Member Neil Olsen reported that he attended:
The meeting at Twin Creeks
Community Christmas
XI. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore thanked the Council for all the support to
Parks & Rec this past year.
Police Chief Kris Allison reported that:
Detectives are involved in a homicide trial from a shooting in 2017.
A settlement from Greyhound bus to the family of the man killed came in at $18 million.
New F150 fleet vehicles to roll out soon.
School resource officers have their own vehicles with special graphics that include the
orange school color of Crater.
CPPD is partnering with Southern Oregon Drivers Education for teen drivers at our
training facility twice a week.
CPPD is getting ready to use a new report management system to make the station
more automated.
The department’s athletic association contributes to Crater Foundation in the name of
Willie Mott. We were one of the first departments to join the program.
XII. EXECUTIVE SESSION - ORS 192.660(2)(i) Employee Evaluations
A. Motion to: Approve City Manager Contract Renewal
City Manager Chris Clayton has a 2 year contract with the City through 2020. After his
review, he is not asking for any changes. It was discussed that the average increase for
similar City Managers is 3-4%, but no more than 6%.
Mike Parsons made a motion to approve the City Manager Contract with an
increase of up to 5%.
RESULT: APPROVED [UNANIMOUS]
MOVER: Neil Olsen, Ward I
SECONDER: Michael Parsons, At Large
AYES: Neil Olsen, Michael Parsons
B. Motion to: Friendly Amendment for One Year Expansion of Contract
Neil Olsen made a friendly amendment that there be a one year extension of the
contract. Mike Parsons seconded. The New Contact should be for two year term.
Mike Parsons and Rob Hernandez approved the amendment to the original motion.
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Packet Pg. 9 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
December 12, 2019
Page 7
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Rob Hernandez, Michael Parsons
C. Motion to: Friendly amendment to increase pay from 5% to 6%
Taneea Browning made a friendly amendment that the Mayor be given latitude to
give up to a 6% increase. Mike Parsons seconded.
Mike Parsons and Rob Hernandez approved the amendment to the original motion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Michael Parsons, At Large
AYES: Taneea Browning, Michael Parsons
D. Motion to: Final Motion on City Manager Contract.
After the friendly amendments, the following motion was voted on:
Moved to authorize the Mayor to adjust the City Manager's pay increase to
between 5-6% and extend the contract to 2021.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
XIII. ADJOURNMENT
Neil Olsen moved to adjourn, all said “aye” and the Council Meeting was adjourned at
9:07 p.m.
The foregoing minutes of the December 12, 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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Packet Pg. 10 Minutes Acceptance: Minutes of Dec 12, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: January 9, 2020
SUBJECT: Arbor Week Proclamation 2020
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Purpose: The proclamation illustrates the value of tree awareness and of Arbor Week in
Central Point.
Background: To qualify as a Tree City USA community, a town or city must meet the
required standards established by The Arbor Day Foundation and the National
Association of State Foresters. The standards help to ensure that every qualifying
community, no matter the size, has a viable tree management plan which includes the
celebration of Arbor Week. In addition to accomplishing Tree City USA goals,
establishing an Arbor Week celebration will help to raise awareness of the importance of
trees in Central Point, expand the tree canopy by planting additional trees, and enhance
the parks and open spaces where the trees are planted.
Recommendation: Approve the Arbor Week proclamation and join Central Point Parks and
Recreation Department in celebration of Arbor Week: April 5th - 11th, 2020.
ATTACHMENTS:
1. ARBOR WEEK PROCLAMATION 2020
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ARBOR WEEK PROCLAMATION
WHEREAS, J. Sterling Morton proposed to the Nebraska Board of Agriculture in
1872 that a special day be set aside for the planting of trees; and
WHEREAS, Arbor Day was first observed with the planting of more than a million
trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of topsoil by wind and water, reduce
heating and cooling costs, moderate the temperature, clean the air,
produce oxygen, strengthen stream bank integrity, provide flood
mitigation, and provide a habitat for wildlife; and
WHEREAS, trees are a renewable resource that provides paper, wood, fuel for our
fires, and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal,
NOW, THEREFORE, I __________________________________ Mayor of the city of Central Point,
do hereby proclaim April 5th – 11th, 2020 as
Arbor Week
in the City of Central Point, and I urge all citizen to celebrate Arbor
Week and to support efforts to protect our trees and woodland and
Futher, I urge all citizens to plant and care for trees to gladden the heart and
promote the well-being of this and future generations.
Date this ______________ Day of ___________________ in the Year __________________
Mayor _______________________________________
6.B.a
Packet Pg. 12 Attachment: ARBOR WEEK PROCLAMATION 2020 (1229 : Arbor Week Proclamation 2020)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: January 9, 2020
SUBJECT: Ordinance No. ________, Amending CPMC Chapter 15.04, Building
Code to Comply with Updates and References to New State Code
ACTION REQUIRED:
Ordinance 2nd Reading
RECOMMENDATION:
Approval
AGENDA ITEM:
(Second Reading) 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:
Approve Ordinance No. _________, amending CPMC Chapter 15.04, Building Code to comply
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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,
8.A.a
Packet Pg. 15 Attachment: Chapter 15 Code update [Revision 1] (2019-90 : 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
8.A.a
Packet Pg. 16 Attachment: Chapter 15 Code update [Revision 1] (2019-90 : 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: January 9, 2020
SUBJECT: Ordinance No. ________, 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 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
On December 12, 2019, following a duly noticed public hearing, the City Council passed a
motion forwarding an ordinance amending various sections of Title 17 to ease barriers to
constructing Accessory Dwelling Units (ADUs) (“ADU Ordinance”) in Central Point to a second
reading. The Council’s vote included an amendment to a provision in Section 17.77.030(B)(4)
changing the proposed rear yard setback from 5-ft back to 10-ft.
The City has allowed ADUs, a small format and typically more affordable housing type, since
2006. Since that time, the City has approved building permits for 18 ADUs. In light of concerns
about inadequate housing supply and affordability, the City Council approved a Housing
Implementation Plan (HIP) in December 2018. The HIP includes short- and long-term actions to
address housing concerns and identifies code amendments to ease barriers to housing
construction, including ADUs, as the first high priority action item. The proposed code
amendments implement the Council’s direction in the HIP, as well as recent amendments to
state law that require cities greater than 2,500 in population to allow ADUs subject to
reasonable regulations regarding siting and design. The most recent changes clarify that
“reasonable regulations” do not include provisions to require owner occupancy or off-street
parking requirements.
At the January 9, 2020 meeting, the City Council will consider the second reading of the ADU
Ordinance.
Code Amendment Description (Attachment “A”):
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
interior, attached or detached from the main building.
CPMC 17.60.030, Accessory Buildings
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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. Per Council’s direction, maintain the existing 10-ft rear yard
setback for ADUs instead of reducing the setback consistent with the
proposed 5-ft setback for Accessory Buildings.
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 proposed amendments were considered by the Citizen’s Advisory Committee at the
September 3, 2019 meeting and the Planning Commission at a duly noticed public hearing on
November 5, 2019. Both the CAC and Planning Commission recommended approval of the
changes following consideration of the staff report and public testimony.
Primary concerns raised in public testimony were relative to off-street parking and testimony
received in opposition due to concerns about parking, neighborhood compatibility, impacts to
Covenants, Codes and Restrictions (CC&Rs), viability of the Twin Creeks Master Plan, and
transparency. These were included in the Council’s packet for the December 12th meeting.
8.B
Packet Pg. 18
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 second reading of the ordinance for proposed zoning text amendments and approve
the ordinance.
RECOMMENDED MOTION:
I move to approve the Ordinance amending various sections of the Central Point Municipal
Code addressing Accessory Dwelling Units and Accessory Structures for the purpose of
promoting housing supply and affordability.
ATTACHMENTS:
1. Attachment "A" - Ordinance with Exhibit 1
8.B
Packet Pg. 19
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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Packet Pg. 23 Attachment: Attachment "A" - Ordinance with Exhibit 1 [Revision 1] (2019-91 : Zoning Text Amendments: Accessory Dwelling Unit
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 510-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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Packet Pg. 27 Attachment: Attachment "A" - Ordinance with Exhibit 1 [Revision 1] (2019-91 : Zoning Text Amendments: Accessory Dwelling Unit
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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Packet Pg. 28 Attachment: Attachment "A" - Ordinance with Exhibit 1 [Revision 1] (2019-91 : Zoning Text Amendments: Accessory Dwelling Unit
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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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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Page 30 of 31
(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,
8.B.a
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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.
8.B.a
Packet Pg. 50 Attachment: Attachment "A" - Ordinance with Exhibit 1 [Revision 1] (2019-91 : Zoning Text Amendments: Accessory Dwelling Unit
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: January 9, 2020
SUBJECT: Resolution No. ________, A Resolution Accepting the Dedication of
Right-of-Way from School District 6 for public improvements on North
Front Street adjacent to the Maker's Space
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City has been working with School District 6 to extend the North Front Streetscape
Improvements adjacent to the MakerSpace property—providing a pedestrian connection via
a new flashing beacon at the entrance to Crater High School and North Front Street. In
reviewing the proposed improvements, it was determined that construction could not occur
within the existing right of way of North Front Street. The proposed improvements include
ten-foot sidewalks with tree wells and street trees that match the existing improvements to
both the south and east.
The School District agreed to dedicate the area needed for the improvements.
FINANCIAL ANALYSIS:
The above-described project was budgeted for in the FY 2019/21 City of Central Point Budget
(street fund). No additional budget appropriation is needed to complete the Project. The
construction portion of this project is on hold until the results of the arbitration for the Twin
Creeks Rail Crossing is complete.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Goal 3- Continually update infrastructure plans.
Strategies:
a) Include pedestrian and bicycle-friendly options in every plan, and retrofit existing streets
and neighborhoods whenever possible;
b) Cooperate with developers to plan future needs for schools and parks;
8.C
Packet Pg. 51
c) Take advantage of all opportunities to use environmentally friendly technology in city
government and development of new or retrofitted infrastructure.
STAFF RECOMMENDATION: Approve a resolution accepting a dedication of right-of-way
from School District 6 for public improvements along the frontage of the MakerSpace property.
RECOMMENDED MOTION: I move to approve Resolution No. ____ accepting a deed of
dedication for right-of-way from School District 6 for public improvements on North Front Street
adjacent to the Makers Space.
ATTACHMENTS:
1. resolution
2. Dedication Deed - School District Property with Exhibits
3. Dedication Deed - School District Property
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Packet Pg. 52
1 - Resolution No. _________ (01/09/2020 Council meeting)
RESOLUTION NO. _______
A RESOLUTION ACCEPTING A DEED OF DEDICATION FROM SCHOOL
DISTRICT 6 FOR IMPROVEMENTS ON NORTH FRONT STREET ADJACENT
TO THE MAKERS SPACE AND DIRECTING THE CITY MANAGER TO TAKE
SUCH STEPS AS MAY BE REQUIRED TO COMPLETE THE DEDICATION.
RECITALS:
A. WHEREAS, the City budgeted for streetscape improvements on North
Front Street including new sidewalks, street lights and street trees.
B. WHEREAS, the City needed additional right of way to complete the
project.
C. WHEREAS, School District 6 desires to dedicate land for needed right
of way and City desires to accept such dedication.
The City of Central Point resolves as follows:
Section 1. The City Council hereby accepts the right-of-way via a Deed of
Dedication from Jackson County School District No. 6 in substantially the form
attached hereto.
Section 2. The City Manager or his designee is directed and authorized to
execute the deed of dedication and to complete any other documents required to
complete the acceptance of the donation.
Section 3. The City Manager or his designee is directed to record the deed
upon receipt of a certification from the tax assessor that all taxes have been paid.
Section 4. This Resolution shall take effect immediately from and after its
passage and approval.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 2020.
__________________________
Mayor Hank Williams
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Packet Pg. 53 Attachment: resolution [Revision 1] (1233 : School District Makers Space Property Dedication of Right-of-Way)
Pg. 2 Ordinance No. ____________ (__/__/___)
ATTEST:
_____________________________
City Recorder
8.C.a
Packet Pg. 54 Attachment: resolution [Revision 1] (1233 : School District Makers Space Property Dedication of Right-of-Way)
Page 1
AFTER RECORDING RETURN TO:
City Recorder
City of Central Point
140 S. Third Street
Central Point, OR 97502
Map No.: __________
Tax Lot No.: _______
Grantor: Jackson County School District No. 6
Grantee: City of Central Point
DEED OF DEDICATION
KNOW ALL BY THESE PRESENTS, THAT JACKSON COUNTY SCHOOL
DISTRICT NO. 6, an Oregon public school district, hereinafter called the GRANTOR, does
hereby grant unto the CITY OF CENTRAL POINT, an Oregon municipal corporation,
hereinafter called the CITY, its successors in interest and assigns, all the following real property
in the County of Jackson, State of Oregon, to be used and held by the CITY for right-of-way
purposes, bounded and described as follows, to wit:
See Exhibit “A” attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD, the above described and granted premises unto the said
CITY, its successors in interest and assigns forever for right-of-way purposes and such other public
purposes as the CITY may determine.
The true consideration of this conveyance is for other value given, the receipt of which is
hereby acknowledged by GRANTOR.
The GRANTOR above named hereby covenants to and with the CITY, and the CITY's
successors in interest and assigns that GRANTOR is lawfully seized in fee simple of the above
named premises, free from all encumbrances except as specifically set forth herein below and that
GRANTOR and its successors and assigns shall warrant and forever defend the said premises
against the lawful claims and demands of all persons claiming by, through or under the
GRANTOR:
(a) such recurring assessments and liens by governmental or quasi-governmental entities;
and
(b) the title exceptions set forth in Exhibit “B” attached hereto.
In construing this deed and where the text so requires, the singular includes the plural and
8.C.b
Packet Pg. 55 Attachment: Dedication Deed - School District Property with Exhibits (1233 : School District Makers Space Property Dedication of Right-of-
Page 2
all grammatical changes shall be implied to make the provisions hereof apply equally to
corporations and to individuals.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S
RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9
AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7,
CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW
USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,
AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this ____ day of
_________ 2019; if a corporate grantor, it has caused its name to be signed and seal affixed by its
officers, duly authorized thereto by order of its members.
By: _________________________________________
PRINT NAME: ________________________________
Notarial page follows
8.C.b
Packet Pg. 56 Attachment: Dedication Deed - School District Property with Exhibits (1233 : School District Makers Space Property Dedication of Right-of-
Page 3
STATE OF OREGON )
) ss:
County of Jackson )
On this _______ day of _______________, 2019, before me, the undersigned Notary
Public in and for said State, personally appeared ________________, as ________ of
JACKSON COUNTY SCHOOL DISTRICT NO. 6, an Oregon public school district, known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that said instrument was signed and sealed on behalf of said company by
authority of its Members, and he acknowledged said instrument to be its voluntary act and deed.
Notary Public for the State of Oregon
My Commission Expires:
Accepted on behalf of the City of Central Point on the condition that the deed of dedication
conveyed is free and clear from taxes, liens, and encumbrances except those encumbrances
listed as 1-2 herein above.
By: _____________________________________
Chris Clayton, City Manager
Attest: ___________________________________
Deanna Casey, City Recorder
8.C.b
Packet Pg. 57 Attachment: Dedication Deed - School District Property with Exhibits (1233 : School District Makers Space Property Dedication of Right-of-
Pariani Land Surveying
Dedication for Street Right of Way
A parcel of land lying in the SW1/4, SE1/4 of Section 3, Township 37 South, Range 2 West, Willamette Meridian, Central Point,
Jackson County, Oregon and being a portion of that property described in that Warranty Deed to the Central Point School District 6,
recorded December 11, 2017 as instrument number 2017-041525 Jackson County Records; said parcel being that portion of said
property included in a strip of land 43.50 feet in width lying on the southwesterly side of the center line of the Rogue Valley Highway,
also known as Front Street and Pacific Highway 99, of which center line is described as follows:
Beginning at Engineer's center line Station 546+77.01 (point of spiral tangent, said station being 1293.21 feet North and 571.39 feet
East of the south quarter corner of said Section 3, thence South 54°08'03” East, 79.68 feet to a point of tangent spiral at Engineer's
Station 565+56.69; thence along a spiral curve to the right, (the long chord of which bears South 53°32'03” East, 60.00 feet) 60.00
feet said point also being the point of spiral-curve at Station 566+16.69; thence along the arc of a 06°00'00” degree curve to the right
(the long chord of which bears South 43°52'56” East, 280.71 feet) 281.741 feet, said point also being at engineer's station 568+98.43
feet; thence South 35°25'53” East, 69.34 feet to Engineer's Station 569+67.77.
The parcel to which is described lies between Engineer's Station 565+76.90 and 569+00.00. (Shown hatched)
The area to which this parcel describes contains 2764.5 square feet, more or less.
8.C.b
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Page 4
EXHIBIT “B”
PERMITTED ENCUMBRANCES
1. City liens, if any, of the City of Central Point.
2. The property lies within the boundaries of Rogue Valley Sewer Services and is subject to any
charges or assessments levied by said District and pipeline easements in connection therewith.
3. The rights of the public in and to that portion of the herein described property lying within the
limits of public roads, streets or highways.
4. An easement including the terms and provisions thereof for the purpose shown below and
rights incidental thereto as set forth in instrument: Granted To: California Oregon Power
Company Recorded: May 28, 1955 Book 410, Page 419 Affects: Exact location not given
5. Declaration of Covenants for Stormwater and Maintenance of Stormwater Facilities, including
the terms and provisions thereof, Recorded: December 14, 2018 Instrument No.: 2018-038152
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Packet Pg. 59 Attachment: Dedication Deed - School District Property with Exhibits (1233 : School District Makers Space Property Dedication of Right-of-
Page 1
AFTER RECORDING RETURN TO:
City Recorder
City of Central Point
140 S. Third Street
Central Point, OR 97502
Map No.: __________
Tax Lot No.: _______
Grantor: Jackson County School District No. 6
Grantee: City of Central Point
DEED OF DEDICATION
KNOW ALL BY THESE PRESENTS, THAT JACKSON COUNTY SCHOOL
DISTRICT NO. 6, an Oregon public school district, hereinafter called the GRANTOR, does
hereby grant unto the CITY OF CENTRAL POINT, an Oregon municipal corporation,
hereinafter called the CITY, its successors in interest and assigns, all the following real property
in the County of Jackson, State of Oregon, to be used and held by the CITY for right-of-way
purposes, bounded and described as follows, to wit:
See Exhibit “A” attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD, the above described and granted premises unto the said
CITY, its successors in interest and assigns forever for right-of-way purposes and such other public
purposes as the CITY may determine.
The true consideration of this conveyance is for other value given, the receipt of which is
hereby acknowledged by GRANTOR.
The GRANTOR above named hereby covenants to and with the CITY, and the CITY's
successors in interest and assigns that GRANTOR is lawfully seized in fee simple of the above
named premises, free from all encumbrances except as specifically set forth herein below and that
GRANTOR and its successors and assigns shall warrant and forever defend the said premises
against the lawful claims and demands of all persons claiming by, through or under the
GRANTOR:
(a) such recurring assessments and liens by governmental or quasi-governmental entities;
and
(b) the title exceptions set forth in Exhibit “B” attached hereto.
In construing this deed and where the text so requires, the singular includes the plural and
8.C.c
Packet Pg. 60 Attachment: Dedication Deed - School District Property (1233 : School District Makers Space Property Dedication of Right-of-Way)
Page 2
all grammatical changes shall be implied to make the provisions hereof apply equally to
corporations and to individuals.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S
RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9
AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7,
CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW
USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,
AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this ____ day of
_________ 2020; if a corporate grantor, it has caused its name to be signed and seal affixed by its
officers, duly authorized thereto by order of its members.
By: _________________________________________
PRINT NAME: ________________________________
Notarial page follows
8.C.c
Packet Pg. 61 Attachment: Dedication Deed - School District Property (1233 : School District Makers Space Property Dedication of Right-of-Way)
Page 3
STATE OF OREGON )
) ss:
County of Jackson )
On this _______ day of _______________, 2020, before me, the undersigned Notary
Public in and for said State, personally appeared ________________, as ________ of
JACKSON COUNTY SCHOOL DISTRICT NO. 6, an Oregon public school district, known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that said instrument was signed and sealed on behalf of said company by
authority of its Members, and he acknowledged said instrument to be its voluntary act and deed.
Notary Public for the State of Oregon
My Commission Expires:
Accepted on behalf of the City of Central Point on the condition that the deed of dedication
conveyed is free and clear from taxes, liens, and encumbrances except those encumbrances
listed as 1-2 herein above.
By: _____________________________________
Chris Clayton, City Manager
Attest: ___________________________________
Deanna Casey, City Recorder
8.C.c
Packet Pg. 62 Attachment: Dedication Deed - School District Property (1233 : School District Makers Space Property Dedication of Right-of-Way)
Pariani Land Surveying
Dedication for Street Right of Way
A parcel of land lying in the SW1/4, SE1/4 of Section 3, Township 37 South, Range 2 West, Willamette Meridian, Central Point,
Jackson County, Oregon and being a portion of that property described in that Warranty Deed to the Central Point School District 6,
recorded December 11, 2017 as instrument number 2017-041525 Jackson County Records; said parcel being that portion of said
property included in a strip of land 43.50 feet in width lying on the southwesterly side of the center line of the Rogue Valley Highway,
also known as Front Street and Pacific Highway 99, of which center line is described as follows:
Beginning at Engineer's center line Station 546+77.01 (point of spiral tangent, said station being 1293.21 feet North and 571.39 feet
East of the south quarter corner of said Section 3, thence South 54°08'03” East, 79.68 feet to a point of tangent spiral at Engineer's
Station 565+56.69; thence along a spiral curve to the right, (the long chord of which bears South 53°32'03” East, 60.00 feet) 60.00
feet said point also being the point of spiral-curve at Station 566+16.69; thence along the arc of a 06°00'00” degree curve to the right
(the long chord of which bears South 43°52'56” East, 280.71 feet) 281.741 feet, said point also being at engineer's station 568+98.43
feet; thence South 35°25'53” East, 69.34 feet to Engineer's Station 569+67.77.
The parcel to which is described lies between Engineer's Station 565+76.90 and 569+00.00. (Shown hatched)
The area to which this parcel describes contains 2764.5 square feet, more or less.
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Packet Pg. 63 Attachment: Dedication Deed - School District Property (1233 : School District Makers Space Property Dedication of Right-of-Way)
Page 4
EXHIBIT “B”
PERMITTED ENCUMBRANCES
1. City liens, if any, of the City of Central Point.
2. The property lies within the boundaries of Rogue Valley Sewer Services and is subject to any
charges or assessments levied by said District and pipeline easements in connection therewith.
3. The rights of the public in and to that portion of the herein described property lying within the
limits of public roads, streets or highways.
4. An easement including the terms and provisions thereof for the purpose shown below and
rights incidental thereto as set forth in instrument: Granted To: California Oregon Power
Company Recorded: May 28, 1955 Book 410, Page 419 Affects: Exact location not given
5. Declaration of Covenants for Stormwater and Maintenance of Stormwater Facilities, including
the terms and provisions thereof, Recorded: December 14, 2018 Instrument No.: 2018-038152
8.C.c
Packet Pg. 64 Attachment: Dedication Deed - School District Property (1233 : School District Makers Space Property Dedication of Right-of-Way)