HomeMy WebLinkAboutFebruary 4, 2020 Planning Commission PacketCITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
February 4, 2020 - 6:00 p.m.
I. MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Planning Commission members, Mike Oliver (chair), Tom Van Voorhees, Amy Moore,
Jim Mock, Pat Smith, Kay Harrison, Chris Richey
IV. CORRESPONDENCE
V. MINUTES
Review and approval of the January 7, 2020 Planning Commission meeting minutes.
VI. PUBLIC APPEARANCES
VII. BUSINESS
A. Public Hearing for a Zone Map Change application. The zoning is proposed for change
from Employment Commercial (TOD) to General Commercial (TOD). The 0.99 acres are
located in the western portion of the City's downtown corridor. The Project Site is
identified on the Jackson County Assessor's map as 37-2W-1OAA, Tax Lots 6000 and
6100. Applicant: City of Central Point. File No. CPA -19008. Approval Criteria: CPMC
17. 10, Zoning Map and Zoning Code Text Amendments; and CPMC 17.65 TOD Districts
and Corridors.
B. Public Hearing of an Annexation application at 3664 Grant Road to add 3.16 acres of land
into the City limits for low density residential development. The property is identified on
the Jackson County Assessor's map as 37S 2W I 013 Tax Lot 2200. Applicant: WL
Moore Construction, Inc. Agent: Herb Farber. File No. Annex-19001.Approval Criteria:
ORS 222.125 (Annexation by consent of all owners of land and majority of electors);
Proclamation of Annexation as well as CPMC 1.20 Annexation Procedure.
VIII. DISCUSSION
IX. ADMINISTRATIVE REVIEWS
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 at: deanna.case centralpaintoregon.gov .
Si necesita traductor en espanol o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con
72 horas de anticipaci6n al 541-664-3321 ext. 201.
X. MISCELLANEOUS
XI. 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 at: deanna.case cejttral ointore on. ov .
Si necesita traductor en espar3ol o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con
72 horas de anticipaci6n al 541-664-3321 ext. 201.
City of Central Point Planning
Commission Minutes
January 7, 2020
I. MEETING CALLED TO ORDER AT 6:00 P.M
II. ROLL CALL
Commissioners Mike Oliver (chair), Tom Van Voorhees, Pat Smith, Chris Richey, Jim Mock
and Kay Harrison were present. Also in attendance were: Tom Humphrey, Community
Development Director, and Karin Skelton, Planning Secretary.
PLEDGE OF ALLEGIENCE
III. CORRESPONDENCE
IV. MINUTES
Pat Smith made a motion to approve the September 10, 2019 minutes. Kay Harrison seconded
the motion. ROLL CALL: Tom Van Voorhees, yes; Kay Harrison, yes; Jim Mock, abstain; Chris
Richey, yes; Pat Smith, yes; Motion passed.
V. PUBLIC APPEARANCES
There were no public appearances.
VI. BUSINESS
VII. DISCUSSION
A. Consideration of a Zone Map Change application. The zoning is proposed for change
from Employment Commercial (TOD) to General Commercial (TOD). The 0.99 acres
are located in the western portion of the City's downtown corridor. The Project Site is
identified on the Jackson County Assessor's map as 37 -2W -1 -AA. Tax Lots 6000 and
6100. Applicant: City of Central Point. File No. CPA -19008.
Community Development Director Tom Humphrey explained the differences between the
Employment Commercial and General Commercial zoning. He said the subject properties have
been acquired by the Rogue Creamery for the purpose of expansion. The change would be
consistent with the surrounding properties. The property had formerly been a legally
nonconforming mobile home park.
The Commissioners discussed the expansion of the Rogue Creamery. Mr. Van Voorhees said
there were many options for development. He said any new space would need to be as flexible as
possible in order to provide the most options for expansion of the business. He said it would be a
while before a final plan for the property would be set.
Planning Commission Meeting
January 7, 2020
P9.2
Mr. Humphrey explained the Creamery would be having a traffic study done and that
information would be used to assess traffic impact on the intersection of Haskell and W. Pine
Street.
The commissioners discussed the nearby Rogue Valley Bin property and possible future options
for it once the company had closed.
Mr. Humphrey asked the Planning Commission if they would like to move this item to a public
hearing. The Commissioners asked about noticing requirements. Mr. Humphrey responded the
Central Point Municipal Code requires notice to be sent to property owners within 250 feet of
any proposed project. Additionally notices are posted on the property itself and published in the
newspaper.
Mike Oliver asked if there were any questions from the public. There were no questions.
Kay Harrison made a motion to move the Zone Map Change application from Employment
Commercial to General Commercial to a public hearing once a traffic study is received. Pat
Smith seconded the motion. ROLL CALL: Tom Van Voorhees, yes; Kay Harrison, yes; Chris
Richey, yes; Pat Smith, yes; Jim Mock, yes. Motion passed
B. Consideration of a Comprehensive Plan (Map) application. The project site consists of
12.12 acres located in the southwestern portion of the City and is identified on the
Jackson County Assessor's map as 37-2W-11BC, on various tax lots. Applicant: City of
Central Point. File No. CPA —19006.
Mr. Humphrey reviewed the history of the C2 -(M) property saying originally there was a
hospital and a medical clinic located there. He said currently the school district has plans to use
the location for a pre -kindergarten and kindergarten facility in order to make more room in the
existing elementary schools. He said the city was proposing a designation of Civic zoning for the
school. The surrounding residential area would be zoned R-1-6. He said the Citizen's Advisory
Committee (CAC) discussed the rezoning and felt this was a good fit.
He explained that the city has specifically used the civic zoning for schools so the land would not
be included in the residential land inventory which is used to demonstrate the city's need for
expansion of the Urban Growth Boundary (UGB). He added the R-1-6 designation was
consistent with the surrounding residential area. He said the zoning was decided through a
process which included input from staff, the CAC, the Planning Commission and the public.
The commissioners discussed the different residential zones and the city's density requirements.
Tom Van Voorhees made a motion to move the Comprehensive Plan (Map) and Zone Change
(map) to a public hearing once a traffic study is received. Jim Mock seconded the motion.
ROLL CALL: Tom Van Voorhees, yes; Kay Harrison, yes; Chris Richey, yes; Pat Smith, yes;
Jim Mock, yes. Motion passed
Planning Update:
■ The code amendments for Accessory Dwelling Units (ADU) will be going to the second
reading at the City Council on January 9, 2020. After the first reading, the Council left
the setbacks for ADU's at 10 feet instead of accepting the proposed change to 5 feet.
The commissioners discussed the setbacks and felt a 10 foot setback would make it too
Planning Commission Meeting
January 7, 2020
pg. 3
difficult for a lot of properties to construct an ADU. They requested Mr. Humphrey
relay their opinion to the City Council in his Planning Commission report at the
January 9, 2020 meeting.
• The chiropractic office at 6t' and Pine Street has started construction. There are some
parking issues with the church next door that are being worked out.
• The firehouse on Scenic Avenue is under construction
• A Domino's Pizza has been approved for Freeman Road. Construction will begin after a
lot line adjustment has been completed.
• The car wash and oil change facility on Biddle Road still need the final plat prior to
beginning construction.
■ Chicory Village is working with Public Works to resolve drainage issues
• The Pittview subdivision is putting in infrastructure prior to beginning construction
• Whitehawk is still waiting for a buyer. There is interest in the property, but the city is
not aware of the status
VIII. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
X. ADJOURNMENT
Chris Richey moved to adjourn the meeting. Pat Smith seconded the motion. All members said
"aye". Meeting was adjourned at 7:15 p.m.
Planning Commission Chair
Zone Change Employment Commercial to General Commercial
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpnintoregon.gov
AGENDA ITEM: Discussion
CENTRAL
POINT
STAFF REPORT
February 4, 2020
Community Development
Tom Humphrey, AICP
Community Development Director
Public Hearing for a Zone Map Change application. The zoning is proposed for change from
Employment Commercial (TOD) to General Commercial (TOD). The 0.99 acres are located in the
western portion of the City's downtown corridor. The Project Site is identified on the Jackson County
Assessor's map as 37-2W-1 OAA, Tax Lots 6000 and 6100. Applicant: City of Central Point. File No.
CPA -19008. Approval Criteria: CPMC 17. 10, Zoning Map and Zoning Code Text Amendments; and
CPMC 17.65 TOD Districts and Corridors.
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
The City is initiating a minor zone map amendment from Employment Commercial (TOD) to General
Commercial (TOD). This is proposed in order comply with the comprehensive plan and to realign the
zoning designation with proposed uses. The change will allow the future expansion of the Rogue
Creamery, a local business. In consideration of this application, there are three criteria that must be
addressed per CPMC 17.10.400:
1. Comprehensive Plan Compliance. The current land use plan designation for the property is
Commercial, which is designed to accommodate a wide variety of commercial, office, and
tourist uses. Per the Comprehensive Plan Land Use Element, the proposed General
Commercial (TOD) zoning designation would be consistent with the Commercial
classification and abuts properties to the southeast that are planned and zoned the same.
2. Compatibility with Surrounding Land Uses and Zoning. The proposed zone map
amendment occurs on two (2) lots on the southeastern side of Pine and Haskell Streets. The
properties are surrounded by Employment Commercial (TOD) lands to the north and east,
General Commercial (TOD) to the south, MMR (TOD) to the west, and Civic to the
northwest. This includes 5 adjacent industrial tax lots, 2 residential tax lots, and a civic school
building.
The project area is covered with an empty industrial/commercial building that is currently
being used for storage. Although the proposed zone change will allow for the expansion of
the Rogue Creamery within a general commercial district, the character and compatibility
between uses as redevelopment occurs will be a function of siting and design per CPMC
17.67, Design Standards- TOD District and TOD Corridor.
3. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation
Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and
land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map
Amendments) to be consistent with the function and capacity of existing and planned
transportation facilities. The Rogue Creamery is working with a local engineering
group (Ausland) who has evaluated the impact the zone change will have on traffic
within the vicinity (Attachment ("C"). Their conclusion is that the highest trip -
generating uses permitted in the EC zoning district match those in the GC zoning
district. Therefore there is no net increase in Daily Trips from one zone to the next.
The Planning Department Supplemental Findings (Attachment "B") reflect the conclusions
in the engineer's analysis.
ISSUES:
There are no issues relative to this application,
ATTACHMENTS:
Attachment "A" — Comprehensive Plan and Zoning Maps
Attachment "B" — Planning Department's Findings
Attachment "C" — Ausland Group Traffic Impact Analysis
Attachment "D" — Resolution No. 878
ACTION:
Open public hearing and consider the proposed amendment to the Zoning Map, close public hearing and
1) recommend approval to the City Council; 2) recommend approval with revisions; or 3) deny the
application.
RECOMMENDATION:
Recommend approval of Resolution No. 878 Per the Staff Report dated February 4, 2020 and
supported by Findings of Fact.
ATTACHMENT "A"
Figure 1. Current and Future Comprehensive Plan Map
CENTRAL
POINT
Current & Future Land Use Designation
Legend
® StudyRrea Low Density 0 100 200 400 Feet
0
Tax Iots d High Density
Very Lou Density Commercial Created by
Eleen Mitchell: Community Planner 1
Medium Density Civic Date 9.!30/2013
Figure 2. Current Zone Designation
Current Zoning Designation
Legend
Ak ED Stu dyArea 0 105 210 420 Feet
CENTRAL Civic HMR (TOD)
POINT EC (TOD) MMR (TOD) Created by:
Eileen Mitchell, Community Planner 1
GC (TOD) Ls R-3 Data- 9/30/2019
10
Figure 3. Proposed Zone Designation
AX
CENTRAL
POINT
Proposed Zoning Designation
Legend
Study Area 0 105 210 420 Feet
Civic HMR (TOD) I— t "!
MW EC (TOD) MMR (TOD)
GC (TOD) JW:1 R-3
is
Created by:
Eileen Mitchell, Community Planner 1
Date. 9/30/2019
ATTACHMENT "B"
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
File No: CPA -19008
INTRODUCTION
Consideration of a Zoning Map Change of the Project Sites Employment Commercial (TOD)
zoning to General Commercial (TOD).
Background:
The proposed minor zone map amendments are in reference to the Project Site located on the
Jackson County Assessor's map as 37-2W-10AA, Tax Lots 6000 and 6100. The purpose of the
minor zone map change is to comply with the comprehensive plan but also to change the zoning
to accommodate planned development. The plans are in place for the expansion of the Rogue
Creamery, a local business. Changing the zoning map from Employment Commercial (TOD) to
General Commercial (TOD) would help accommodate this growth. An amendment will help the
area to be developed appropriately and expand in a way that promotes a walkable pedestrian
orientation to the general commercial uses along the western side of the downtown corridor.
These findings are prepared in four (4) parts:
1. Legislative Amendment Procedures (CPMC 17.05.400)
2. Zoning Map and Zoning Text Amendments (CPMC 17.10)
3. City of Central Point Comprehensive Plan
4. Transportation Planning Rule (OAR 660-012-0060(1))
PART 1—CPMC 17.05.400, QUASI JUDICIAL PROCEDURES
CPMC 17.05.400(A). Pre -Application Conference. A pre -application conference is required
for all Type III applications. The requirements and procedures for a pre -application conference
are described in Section 17.05.600(C).
Finding, CPMC 17.05.400(A): Because the City of Central Point initiated this
application to amend the zoning map, a pre -application conference is not required and
will not be held.
Conclusion, CPMC 17.05.400(A): Not applicable.
CPMC 17.05.400(B)(1). Application Forms. Type III applications shall be made on forms
provided by the community development director or designee for the land development permit
requested.
12
ATTACHMENT "B"
Finding, CPMC 17.05.400(B)(1): The proposed zoning map amendment is considered a
Minor Amendment per Table 17.05. 01 and Section 17.10.300(B). As demonstrated by the
Findings for CPMC 17.05.400, the proposed text amendments have been processed in
accordance with the timelines and requirements for Type III legislative applications.
TABLE 17.05.1
Conclusion, CPMC I 7.05.400(B) (1): Consistent.
CPMC 17.05.400(B)(2). Submittal Requirements. When a Type III application is required, it
shall include;
a. A completed application form with required attachments;
b. One copy of a narrative statement (findings and conclusions) that explains how
the application satisfies each and all of the relevant criteria and standards in
sufficient detail for review and decision-making. Note: Additional information
may be required under the specific applicable regulations for each approval as
referenced in Table 17.05.1;
c. The required fee; and
d. One set of pre -addressed mailing labels for all real property owners of record who
will receive a notice of the application as required in subsection C of this section.
The records of the Jackson County assessor's office are the official records for
determining ownership. The applicant shall produce the notice list using the most
current Jackson County assessor's real property assessment records to produce the
notice list. The city shall mail the notice of application. The failure of a property
owner to receive notice as provided in subsection C of this section shall not
invalidate such proceedings provided the city can demonstrate by affidavit that
such notice was given.
Finding, CPMC 17.05.400(B)(2): The City of Central Point's application to amend the
zoning map relative to the properties off Pine and Haskell Streets includes the
application form, findings, required fee, and pre -addressed mailing labels.
Conclusion, CPMC I 7.05.400(B) (2): Consistent.
13
PROCEDURAL
APPLICABLE
APPROVING
120 -
LAND DEVELOPMENT PERMIT*
TYPE
REGULATIONS
AUTHORITY
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 I 7.05.400(B) (1): Consistent.
CPMC 17.05.400(B)(2). Submittal Requirements. When a Type III application is required, it
shall include;
a. A completed application form with required attachments;
b. One copy of a narrative statement (findings and conclusions) that explains how
the application satisfies each and all of the relevant criteria and standards in
sufficient detail for review and decision-making. Note: Additional information
may be required under the specific applicable regulations for each approval as
referenced in Table 17.05.1;
c. The required fee; and
d. One set of pre -addressed mailing labels for all real property owners of record who
will receive a notice of the application as required in subsection C of this section.
The records of the Jackson County assessor's office are the official records for
determining ownership. The applicant shall produce the notice list using the most
current Jackson County assessor's real property assessment records to produce the
notice list. The city shall mail the notice of application. The failure of a property
owner to receive notice as provided in subsection C of this section shall not
invalidate such proceedings provided the city can demonstrate by affidavit that
such notice was given.
Finding, CPMC 17.05.400(B)(2): The City of Central Point's application to amend the
zoning map relative to the properties off Pine and Haskell Streets includes the
application form, findings, required fee, and pre -addressed mailing labels.
Conclusion, CPMC I 7.05.400(B) (2): Consistent.
13
ATTACHMENT "B"
CPMC 17.05.400(C). Notification Requirements.
Mailed Notice. The city shall mail the notice of the Type III hearing. Notice of a Type III
hearing shall be given by the community development director or designee in the
following manner:
(a) At least twenty days before the hearing date, or if two or more hearings are
allowed, ten days before the first hearing, notice shall be mailed to:
i. The applicant and all owners or contract purchasers of record
of the property on the most recent property tax assessment roll
that is the subject of the application;
ii. All property owners of record on the most recent property tax
assessment roll within two hundred fifty feet of the site,
including tenants of a mobile home or manufactured dwelling
park;
iii. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The
city may notify other affected agencies. The city shall notify
the county road authority, or ODOT, and rail authority when
there is a proposed development abutting or within two
hundred fifty feet of an affected transportation facility and
allow the agency to review, comment on, and suggest
conditions of approval for the application;
iv. Owners of airports in the vicinity shall be notified of a
proposed zone change in accordance with ORS 227.175;
v. Any neighborhood or community organization recognized by
the city council and whose boundaries include the property
proposed for development;
vi. Any person who submits a written request to receive notice;
vii. At the applicant's discretion, notice may also be provided to
the Department of Land Conservation and Development.
Finding, CPMC 17.05.400(C)(1)(a): The City of Central Point's application includes a
mailed Notice of a Type III hearing. All applicable parties will be mailed within the
specified timeframe.
Conclusion, CPMC I 7.05.400(C) (])(a): Consistent.
(b) Content of Notice. Notice of a Type III hearing shall be mailed per this
subsection C and shall contain the following information:
i. An explanation of the nature of the application and the
proposed land use or uses that could be authorized for the
property;
ii. The applicable criteria and standards from the zoning and
subdivision code and comprehensive plan that apply to the
application;
14
ATTACHMENT "B"
iii. The street address or other easily understood geographical
reference to the subject property;
iv. The date, time, and location of the public hearing;
v. A statement that the failure to raise an issue in person, or in
writing at the hearing, or failure to provide statements or
evidence sufficient to afford the decision -maker an opportunity
to respond to the issue prior to the close of the final hearing
means that an appeal based on that issue cannot be raised at the
State Land Use Board of Appeals;
vi. The name of a city representative to contact and the telephone
number and email address where additional information on the
application may be obtained;
vii. A statement that a copy of the application, all documents and
evidence submitted by or for the applicant, and the applicable
criteria and standards can be reviewed at the city of Central
Point City Hall at no cost and that copies shall be provided at a
reasonable cost;
viii. A statement that a copy of the city's staff report and
recommendation to the hearings body shall be available for
review at no cost at least seven days before the hearing, and
that a copy shall be provided on request at to reasonable cost;
ix. A general explanation of the requirements to submit testimony,
and the procedure for conducting public hearings; and
x. The following notice:
Finding CPMC 17.05.400(C)(1)(b): The content included within the notices conform
with CPMC 17.05.400(C). This can be validated within the affidavit of publication.
Conclusion CPMC 17.05.400(C)(1)(b): Consistent.
(c) The community development director or designee shall prepare an affidavit of notice
and the affidavit shall be made a part of the file. The affidavit shall state the date that
the notice was mailed to the persons who were sent notice.
Finding CPMC 17.05.400(C)(1)(c): An affidavit will be published in a newspaper for the
proposed zone map amendment, and the DLCD was notified.
Conclusion CPMC 17.05.400(C)(1)(c): Consistent.
2. On -Site Posting. Public notice signs shall be posted on the project site for any Type III land use
action according to the following:
a. Contents of Sign. Notice signs shall include a description of the proposed land use action,
the date of the public hearing, and the City of Central Point file number for the proposed
land use action.
b. Location and Number of Signs. A posted notice sign must be placed on each existing
street frontage of the project site. If a frontage is over six hundred feet long, a notice is
required for each six hundred feet or fraction thereof. Notice signs must be posted within
ten feet of a property line along the street and must be visible to pedestrians and
15
ATTACHMENT "B"
motorists. Notice signs may not be posted in a public right-of-way unless the land use
action specifically pertains to a public right-of-way. If posting must occur in the right-of-
way, care should be taken to comply with clear vision area requirements as set forth in
Section 17.60.120.
c. Sign Posting Schedule. The required sign(s) shall be posted not later than twenty-one
days prior to the first public hearing date of each body that hears the application. Posted
signs shall be removed within ten days following the final decision.
d. Affidavit of On -Site Posting. The director or designee shall prepare an affidavit of on-site
notice posting and the affidavit shall be made part of the file. The affidavit shall state the
date that the notice was posted, the number of notices posted and the name of the
person(s) who posted the notice.
Finding, CPMC 17.05.400(C)(2): In accordance with Municipal Code Section
17.05.400(C) (2), notice shall be posted on site concerning the Type III land use
action for the zone map amendment.
Conclusion, CPMC I Z 05.400(C) (2): Consistent.
D. Conduct of the Public Hearing.
At the commencement of the hearing, the hearings body shall state to those in attendance:
a. The applicable approval criteria and standards that apply to the application or
appeal;
b. A statement that testimony and evidence shall be directed at the approval criteria
described in the staff report, or other criteria in the comprehensive plan or land
use regulations that the person testifying believes to apply to the decision;
c. A statement that failure to raise an issue with sufficient detail to give the hearings
body and parties an opportunity to respond to the issue means that no appeal may
be made to the State Land Use Board of Appeals on that issue;
d. Before the conclusion of the first evidentiary hearing, any participant may ask the
hearings body for an opportunity to present additional relevant evidence or
testimony that is within the scope of the hearing. The hearings body shall grant
the request by scheduling a date to finish the hearing (a "continuance") per
subsection (D)(2) of this section, or by leaving the record open for additional
written evidence or testimony per subsection (D)(3) of this section.
Finding CPMC 17.05.400(D)(1): Public hearings are conducted in accordance
with state public meeting laws and the procedures in this section as evidenced by
the record of proceedings maintained by the City for each meeting including those
duly noticed meetings for this application.
Conclusion CPMC I 7.05.400(D) (1): Consistent.
2. If the hearings body grants a continuance, the hearing shall be continued to a date, time,
and place at least seven days after the date of the first evidentiary hearing. An opportunity
shall be provided at the second hearing for persons to present and respond to new written
evidence and oral testimony. If new written evidence is submitted at the second hearing,
16
ATTACHMENT "B"
any person may request, before the conclusion of the second hearing, that the record be
left open for at least seven additional days, so that they can submit additional written
evidence or testimony in response to the new written evidence.
Finding CPMC 17.05.400(D)(2): Continuations of the public hearing will abide
by the rules and regulations of CPMC 17.05.400.
Conclusion CPMC 17.05.400(D)(2): Consistent.
If the hearings body leaves the record open for additional written evidence or testimony,
the record shall be left open for at least seven days after the hearing. Any participant may
ask the city in writing for an opportunity to respond to new evidence submitted during the
period that the record was left open. If such a request is filed, the hearings body shall
reopen the record to allow rebuttal evidence.
a. If the hearings body reopens the record to admit new evidence or testimony, any
person may raise new issues that relate to that new evidence or testimony;
b. An extension of the hearing or record for a Type III application pursuant to this
subsection D is subject to the limitations of ORS 227.178 ("one -hundred -twenty -
day rule"), unless the continuance or extension is requested or agreed to by the
applicant;
c. If requested by the applicant, the hearings body shall allow the applicant at least
seven days after the record is closed to all other parties to submit final written
arguments in support of the application, unless the applicant expressly waives this
right. The applicant's final submittal shall be part of the record but shall not
include any new evidence. For limited land use decisions, the seven-day period
shall not be subject to the limitations of ORS 227.178 and 227.179;
d. The record shall contain all testimony and evidence that is submitted to the city
and that the hearings body has not rejected;
e. In making its decision, the hearings body may take official notice of facts not in
the hearing record (e.g., local, state, or federal regulations; previous city
decisions; case law). The review authority must announce its intention to take
notice of such facts in its deliberations, and allow persons who previously
participated in the hearing to request the hearing record be reopened, if necessary,
to present evidence concerning the noticed facts;
f. The city shall retain custody of the record until the city issues a final decision and
all appeal deadlines have passed.
Finding CPMC 17.05.400(D)(3): If the record is left open for additional evidence
or testimony, it shall abide by the rules and regulations of CPMC 17.05.400.
Conclusion CPMC 17.05.400(D)(3): Consistent.
4. Participants in a quasi-judicial hearing are entitled to an impartial review authority as free
from potential conflicts of interest and prehearing ex parte contacts (see subsection (D)(5)
of this section) as reasonably possible. However, the public has a countervailing right of
free access to public officials. Therefore:
17
ATTACHMENT "B"
a. At the beginning of the public hearing, hearings body members shall disclose the
substance of any prehearing ex parte contacts (as defined in subsection (D)(5) of
this section) concerning the application or appeal. He or she shall also state
whether the contact has impaired their impartiality or their ability to vote on the
matter and shall participate or abstain accordingly. Hearing participants shall be
entitled to question hearing body members as to ex parte contacts and to object to
their participation as provided in subsection (D)(5)(b) of this section;
b. A member of the hearings body shall not participate in any proceeding in which
they, or any of the following, has a direct or substantial financial interest: their
spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any
business in which they are then serving or have served within the previous two
years, or any business with which they are negotiating for or have an arrangement
or understanding concerning prospective partnership or employment. Any actual
or potential interest shall be disclosed at the hearing where the action is being
taken;
c. Disqualification of a member of the hearings body due to contacts or conflict may
be ordered by a majority of the members present and voting. The person who is
the subject of the motion may not vote on the motion to disqualify;
d. If all members of the hearings body abstain or are disqualified, the city council
shall be the hearing body. If all members of the city council abstain or are
disqualified, a quorum of those members present who declare their reasons for
abstention or disqualification shall be requalified to make a decision;
e. Any member of the public may raise conflict of interest issues prior to or during
the hearing, to which the member of the hearings body shall reply in accordance
with this section.
Finding CPMC 17.05.400(D)(4): Public hearings are conducted in accordance
with state public meeting laws and the procedures in this section as evidenced by
the record of proceedings maintained by the Cityfor each meeting including those
duly noticed meetings for this application.
Conclusion CPMC 17.05.400(D)(4): Consistent.
5. Ex Parte Communications.
a. Members of the hearings body shall not:
i. Communicate directly or indirectly with any applicant, appellant, other
party to the proceedings, or representative of a party about any issue
involved in a hearing without giving notice per subsection (C) of this
section,-
ii.
ection;ii. Take official notice of any communication, report, or other materials
outside the record prepared by the proponents or opponents in connection
with the particular case, unless all participants are given the opportunity
to respond to the noticed materials.
b. No decision or action of the hearings body shall be invalid due to ex parte
contacts or bias resulting from ex parte contacts, if the person receiving contact:
18
ATTACHMENT "B"
i. Places in the record the substance of any written or oral ex parte
communications concerning the decision or action; and
ii. Makes a public announcement of the content of the communication and of
all participants' right to dispute the substance of the communication
made. This announcement shall be made at the first hearing following the
communication during which action shall be considered or taken on the
subject of the communication.
c. A communication between city staff and the hearings body is not considered an ex
parte contact.
Finding CPMC 17.05.400(D)(5): Ex Parte Communications will abide by the
rules and regulations of CPMC 17.05.400(D)(5).
Conclusion CPMC 17.05.400(D)(5): Consistent.
6. Presenting and Receiving Evidence.
a. The hearings body may set reasonable time limits for oral presentations and may
limit or exclude cumulative, repetitious, irrelevant or personally derogatory
testimony or evidence;
b. No oral testimony shall be accepted after the close of the public hearing. Written
testimony may be received after the close of the public hearing only as provided
in subsection (D)(3) of this section;
c. Members of the hearings body may visit the property and the surrounding area,
and may use information obtained during the site visit to support their decision, if
the information relied upon is disclosed at the beginning of the hearing and an
opportunity is provided to dispute the evidence under subsection (D)(5)(b) of this
section.
Finding CPMC 17.05.400(D)(6): The hearings body will follow rules and
regulations within CPMC 17.05.400(D)(6) in regards to presenting and receiving
evidence.
Conclusion CPMC 17.05.400(D)(6): Consistent.
CPMC 17.05.400(E).
Basis for Decision. Approval or denial of a Type III application shall be based on
standards and criteria in the development code. The standards and criteria shall
relate approval or denial of a discretionary development permit application to the
development regulations and, when appropriate, to the comprehensive plan for the
area in which the development would occur and to the development regulations
and comprehensive plan for the city as a whole;
19
ATTACHMENT "B"
Finding CPMC 17.05.400(E)(1): At the meeting, the approval of the
Type III application was based on standards and criteria in the development
code.
Conclusion CPMC I Z 05.400(E) (1): Consistent.
2. Findings and Conclusions. Approval or denial shall be based upon the criteria and
standards considered relevant to the decision. The written decision shall explain
the relevant criteria and standards, state the facts relied upon in rendering the
decision, and justify the decision according to the criteria, standards, and facts;
Finding CPMC 17.05.400(E)(2): The approval or denial of the findings were
based upon the criteria and standards deemed relevant to the decision and as set
forth within Municipal Code.
Conclusion CPMC I 7.05.400(E) (2): Consistent.
3. Form of Decision. The hearings body shall issue a written decision containing the
findings and conclusions stated in subsection (E)(2) of this section, which either
approves, denies, or approves with specific conditions. The hearings body may
also issue appropriate intermediate rulings when more than one permit or decision
is required;
Finding CPMC 17.05.400(E)(3): On , 2020, the hearings body
issued a written decision containing the findings and conclusions stated in
subsection (E) (2) which approved the decision.
Conclusion CPMC 17.05.400(E)(3): Consistent.
4. Decision -Making Time Limits. The written decision for any Type III action
(including an appeal from a Type II decision) shall be filed with the community
development director or designee within ten days after the close of the
deliberation;
Finding CPMC 17.05.400(E)(4): The written decision was filed within the
designated 10 day time limit pursuant to CPMC I7.05.400(E) (3).
Conclusion CPMC I Z 05.400(E) (4): Consistent.
5. Notice of Decision. Written notice of a Type III decision shall be mailed to the
applicant and to all participants of record within ten days after the hearings body
decision. Failure of any person to receive mailed notice shall not invalidate the
decision; provided, that a good faith attempt was made to mail the notice.
20
ATTACHMENT "B"
Finding CPMC 17.05.400(E)(5): Written notice of decision was mailed to the
applicant and to all participants of record within ten days after the hearings body
decision pursuant to CPMC 17.05.400(E)(5).
Conclusion CPMC 17.05.400(E)(5): Consistent.
6. Final Decision and Effective Date. The decision of the hearings body on any Type
III application is final for purposes of appeal on the date it is mailed by the city.
The decision is effective on the day after the local appeal period expires. If an
appeal of a Type III decision is filed, the decision becomes effective on the day
after the local appeal is decided by the hearings body. Appeal process is governed
by Section 17.05.550. An appeal of a land use decision to the State Land Use
Board of Appeals must be filed within twenty-one days after the city council's
written decision is mailed by the city.
Finding CPMC 17.05.400(E)(6): A decision of the hearings body was made
official on February 13`h, 2020 when it was effectively mailed by the City.
Conclusion CPMC 17.05.400(E)(6): Consistent.
F. Extensions. The community development director shall, upon written request by the applicant
and payment of the required fee, grant a written one-year extension of the original or last
extension approval period, provided:
1. The land development permit authorizes extensions;
2. No changes are made to the original application as approved by the city;
3. There have been no changes in the zoning, land division code, or applicable
comprehensive plan provisions on which the approval was based. In the case
where the plan conflicts with a code or comprehensive plan change, the extension
shall be either:
a. Denied; or
b.At the discretion of the community development director, the request for
extension may be re -reviewed as a modification per Section 17.09.400;
4. The extension request is filed on or before the expiration of the original or latest
extension approval per subsection (E)(6) of this section;
5. If the time limit expired and no extension request has been filed, the application
shall be void. (Ord. 2041 §2, 2017; Ord. 2033 §4, 2017; Ord. 1989 §l(part), 2014;
Ord. 1874 § l (part), 2006).
Finding CPMC 17.05.400(F): There were no extensions requested during the
extension approval period.
Conclusion CPMC 17.05.400(F): Consistent.
`I
ATTACHMENT "B"
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 either:
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: The initiation of amendments was made by the
planning commission to the city council.
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 zone amendments involve the
application of adopted policy instead of the adoption of new policy. The proposed
amendments will not have widespread or significant impacts and as such are
considered Minor Amendments in accordance with CPMC 17.10.300(B). As
evidenced by the Findings in Part 1 of these Findings, the Minor Amendments are
quasi-judicial and have been processed in accordance with the Type III
procedures set forth in CPMC 17.05.400.
Conclusion CPMC 17.10.300: Consistent.
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:
22
ATTACHMENT "B"
A. Approval of the request is consistent with the applicable statewide planning goals (major
amendments only);
Finding CPMC 17.10.400(A): The proposed zone amendment is not considered a
major amendment.
Conclusion CPMC I7.10.400(A): Not applicable.
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 3 Findings- Central Point
Comprehensive Plan.
Conclusion CPMC I7.10.400(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 a zone amendment. The area
is currently zoned Employment Commercial, but intends to become General
Commercial. Although the property will be going through a zone change, there
will be no comprehensive plan map changes. Similarly,' the area is within the
main downtown corridor and contains adequate public services and
transportation infrastructure.
Conclusion CPMC I7.10.400(C): Consistent.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
(Ord. 1989 §l(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 I7.10.400(D): Consistent.
PART 3- CITY OF CENTRAL POINT COMPREHENSIVE PLAN:
The proposed amendments address land use within the project area near Pine and Haskell
Streets. Applicable policies in the comprehensive plan include those in the Land Use Element.
23
ATTACHMENT "B"
Land Use Element
Commercial Goal 1: To create an economically strong and balanced commercial sector of the
community that is easily accessible, attractive, and meets the commercial needs of the local
market area.
Commercial Goal I Finding: The proposed area currently is along the TOD General
Commercial Corridor. By amending the zoning district, it will balance the commercial lands and
meet the needs of the local market area by realigning the areas purpose with that of the general
vicinity.
Commercial Goal I Conclusion: Consistent.
Commercial Goal 2: Continue to pursue implementation of the Downtown and East Pine Street
Corridor urban renewal plan.
Commercial Goal 2 Finding: The proposed zone amendment at the corner of East Pine and
Haskell Streets lies within the boundaries of the Downtown and East Pine Street Corridor urban
renewal plan. Although the plan does not specifically mention the rezoning of the area as a
concern, it does mention economic incentives and projects aimed towards the revitalization of
the area. The relevant goal within the Plan states its intent to, "Make the Area attractive for the
stabilization, expansion, rehabilitation or redevelopment of existing businesses, industries and
housing. " By rezoning the property, projects intended for general commercial uses may acquire
the land and help redevelop the area.
Commercial Goal 2 Conclusion: Consistent.
Commercial Policy 1: Maintain the zoning of all commercial areas of Central Point as necessary
to comply with the Economic Element.
Commercial Policy I Finding: The proposed zone amendment is in compliance with the
Economic Element, as well as maintains the zoning of all commercial areas of Central Point. As
described in the Economic Element, one of the three exceptionally competitive and growing
industries within specialty food manufacturing. Because the property is intended for potential
expansion of the Rogue Creamery, this would be considered one of Central Point's
outperforming niche markets. The rezoning will create adequate zoning lands for the expansion
of this successful industry.
Commercial Policy I Conclusion: Consistent.
Commercial Policy 2: Undertake an in-depth study of the downtown business district and
develop a comprehensive improvement plan that would include such considerations as traffic
circulation and off-street parking, pedestrian and bicycle facilities and access, structural design
guidelines, and guidelines for landscaping and signing.
24
ATTACHMENT "B"
Commercial Policy 2 Finding: The proposed zone change does not involve, or otherwise affect,
the development of an in-depth study of the downtown business district or a comprehensive
improvement plan.
Commercial Policy 2 Conclusion: Not applicable.
Commercial Policy 3: Encourage the development of shared commercial parking areas in the
downtown area to be carried out by the local businesses with City assistance.
Commercial Policy 3 Finding: The proposed zone amendment does not involve, or otherwise
affect, the encouragement of the development of shared commercial parking areas in the
downtown area.
Commercial Policy 3 Conclusion: Not applicable.
Commercial Policy 4: Promote the planned integration of abutting commercial development for
the purpose of more efficient customer parking, better design and landscaping, coordinated
signing, and increased retail sales.
Commercial Policy 4 Finding: The proposed zone amendment does not involve, or otherwise
affect, the promotion of planned integration of abutting commercial developments.
Commercial Policy 4 Conclusion: Not applicable.
Commercial Policy 5: For that section of Highway 99 between Beall Lane and the High School
implement the 99 Corridor Plan to improve the corridor, traffic circulation, and the overall visual
and aesthetic character of the area.
Commercial Policy 5 Finding: The proposed zone amendment does not involve, or otherwise
affect, the implementation of the 99 Corridor Plan to improve the corridor, traffic circulation,
and overall visual and aesthetic character of the area of Higway 99 between Beall lane and the
High School.
Commercial Policy 5 Conclusion: Not applicable.
PART 4- 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:
25
ATTACHMENT "B"
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
(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 Policy: The proposed zone amendment to the corner of Pine and Haskell Streets
from Employment Commercial to General Commercial is minor, and will not change the
transportation system in any significant way. This finding is reinforced by the analysis
completed by the Ausland Group and summarized in Attachment "C" of the staff report.
Conclusion Policy: Consistent.
26
ENGIN=_ERS BUILDERS CONSUITANTS
January 21, 2020
City of Central Point
Tom Humphrey AICP
130 S. 3rd. Street
Central Point, OR 97502
Re: Traffic Impacts of Zone Change for Tax Lots 6000 & 6100 (Map 372WIOAA)
Dear Mr. Humphrey,
This letter provides a summary of findings regarding the traffic impact of the pending zone change
for the two properties located at the corner of W. Pine and S. Haskell Streets, (map 372W] OAA, tax
lots 6000 and 6100).
BACKGROUND
A zone change application has been submitted for the subject properties, to change from
Employment Commercial (EC) to General Commercial (GC) zoning. The lots are within the Transit
Oriented Development (TOD) district, which includes both EC and GC zonings per Article 17.65.040
Land Use -TOD. Both properties are adjacent to both GC zoned property and EC zoned property
per the below map.
Curren[ Zoning Designation
Legend
Qn' A/' e q W sm 900.x
CENTRAL tao
POINT 4ftECraDi ai,oD oseeq
_V,
3935
3935 Highland Avenue
Grants Pass, OR 97526
office: 541.476.3788
321 Mill Street, Ste #3
Eugene, OR 97401
office: 541.345.1094
Proposed Zoning Designation ,a
Legend
[D -d, 11.w
CENTRAL 1111oM
POINT EC 0 a 2AR T6D -�a9
.DD, «,mm.aeSP aa„
Ga�aaS,JUrzC �5
130 A Street, Ste #6F
Ashland, OR 97520
office: 541.482.0923
W W W..AUSLANDGROUP.COM
WASH: Ausibi906CB ORE: 172333 CALIF: 906735
27
TRIP GENERATION ANALYSIS
The pending zone change requires an assessment of the potential traffic increase from the re-
zone from Employment Commercial (EC) zoning to General Commercial (GC) zoning. Therefore,
we performed an analysis comparing the "highest trip generating use" in both zones to assess the
potentiality of a trip generation increase.
We began by assessing all of the allowed uses in both zones for their trip generation potential, by
matching up the land use category in Table 1 of the TOD District Land Uses (Central Point
Municipal Code), with the most similar classifications in the Institute of Transportation Engineers
(ITE) Trip Generation Manual, 9th Edition. Per our study of the permitted uses in both zones, the
highest trip generating use is the same in each zone, "Retail - Specialty". Per ITE classifications
(Chart 814, Series 800); Retail - Specialty, is a high trip generating classification. This use relates
closest to the Retail - Sales and Service use which is permitted for both zones under the Central
Point Municipal Code.
Since the highest trip generating use is the same in both zones, we can already conclude that
there is "no impact" on trip generation from the zone change. For clarity, we have summarized
the trip generation "worst-case" land use scenario for both zones on Table A below:
Table A - Estimated Trip Generation; Weekday Daily, and AM and PM Hours
TRIP GENERATION ANALYSIS
"Worst -Case" Land Use Scenario
ROGUE CREAMERY
Northeast Corner of W. Pine Street & S. Haskell Street - Central Point, OR
January 2020
References: Trip Generation Manual, 81h Ed., Instithtte of Transportation Engineers, 200E
Trip Generation Handbook, 2nd Ed., Institute of Transportation Engineers, 2004
Page 2 of 3
28
Net Change
Existing Zoning (EC)
Proposed Zoning (GC)
(Prop -Exist)
Tax Lot
Tax Lot 6000 + 6100
Tax Lot 6000 + 6100
Business Type
Retail - Specialty
Retail - Specialty
ITE Land Use Code
814 -
814
Building Size (KSF)
10.00 0.00
10.00 0.00
0.00
Dwelling Units
0.00 0.00
0.00 0.00
0.00
Lot Size (AC)
0.99
0.99
0.00
Daily Trip Rate (Trip/KSF or Trip/DU)
44.32
44.32
Daily Trips
443.20
443.20
0.00
Passby Reduction
0%
0%
Daily Trips w/ Passby Reduction
443.20
443.20
0.00
Daily Trips/Acre
447.68
447.68
0.00
.AM Peak Trip Rate (Trip/KSF or Trip/DU)
6.84
6.84
AM Peak Trips
68.40
68.40 -
0.00
AM Peak Trips w/ Passby Reduction
68.40
68.40
0.00
PM Peak Trip Rate (Trip/KSF or Trip/DU)
2.71
2.71
PM Peak Trips
27.10
27.10
0.00
PM Peak Trips w/ Passby Reduction
27.10
27.10
0,00
References: Trip Generation Manual, 81h Ed., Instithtte of Transportation Engineers, 200E
Trip Generation Handbook, 2nd Ed., Institute of Transportation Engineers, 2004
Page 2 of 3
28
Conclusion
The highest trip -generating permitted use is the same in both Employment Commercial (EC) and
General Commercial (GC) zoning. Therefore there is no increase of traffic impact for the pending
zone change on the subject parcels. This includes no net increase of Daily Trips, no net increase
of AM Peak Hour trips, and no net increase of PM Peak Hour trips.
Per the City of Central Point Municipal Code Article 17.05.900 Traffic Impact Analysis; a traffic
impact analysis (TIA) is required if a non-residential development is projected to generate an
increase in peak hour volume of a particular movement to and from the state highway by twenty
percent or more, or increase in site traffic volume generation of two hundred fifty (250) average
daily trips (ADT) or more. The estimated trip generation differential for the proposed zone change
is zero, and therefore will not require a TIA.
Sincerely,
EXPIRES: 12/31/2021
Kelsy Ausland, PE
Ausland Group, President
Page 3 of 3
29
Grant Road Annexation
30
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
wvrw.centra 1 poi n to reggo n 4ov
AGENDA ITEM: FILE NO: 17001
CENTRAL
POINT
STAFF REPORT
February 4, 2020
Community Development
Tom Humphrey, AICP
Community Development Director
Public Hearing of an Annexation application at 3664 Grant Road to add 3.16 acres of land
into the City limits for low density residential development. The property is identified on
the Jackson County Assessor's map as 37S 2W IOBC Tax Lot 2200. Applicant: WL
Moore Construction, Inc. Agent: Herb Farber
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
The applicant would like to bring his property into the City and develop it for residential
purposes. The property must be annexed in order to apply the city's land use low density
residential and use designation, a zone change and subsequent development. The subject
property is adjacent to the city limits along all property lines as illustrated by the site map,
Attachment A.
Currently the subject property is occupied with single family dwelling and zoned by Jackson
County as Rural Residential (RR -2.5). It is designated Residential on the City's Comprehensive
Plan (Map) and Zoning Map. When annexed, the property will no longer have a County zoning
classification. The existing building will be removed in order to redevelop the property.
AUTHORITY:
ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of
land and a majority of electors consent. CPMC 1.20 vests the City Council with the authority to
order the annexation of unincorporated territory in the Urban Growth Boundary into the City of
Central Point. The Planning Commission is involved in the review of this annexation because it
is associated with land use changes and staff wanted commission review before sending it to the
City Council. This annexation is a `full consent annexation' since the sole property owner has
consented in writing to the annexation.
Annexation Criteria:
Written Consents: The annexation application includes written consent to annex from
100% of the property owners and a majority of the electors within the annexation
territory, who have signed the annexation petition, which is evidence of written consent
to annexation (Attachment B). Accordingly, pursuant to ORS 222.125 and CPMC
1.24.020, the City Council may order the annexation without notice, hearing or election.
31
2. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for annexation
must be contiguous to the City or separated from it only by a public right-of-way or a
stream, lake or other body of water. The subject annexation area is contiguous to Central
Point to the north, east and south.
3. Within Urban Growth Boundary (UGB): The annexation territory is within the Urban
Growth Boundary of Central Point and is in compliance with the City -County Urban
Growth Boundary and Policy Agreement of September 1984 and amended in 1998.
4. Orderly Provision of Public Facilities: The City -County Urban Growth Boundary and
Policy Agreement requires that, in considering an annexation, urban facilities and
services must be adequate in condition and capacity to accommodate the additional level
of growth allowed by the Comprehensive Plan within the annexation area prior to or
concurrent with the development. Public Works and Rogue Valley Sewer Services have
reviewed the existing public facilities and their proximity to the annexation area and
concluded that public facilities can be provided or extended to the site. Any future
enhancements of these facilities made necessary by development of the annexation area
will be the responsibility of the developer and regulated through the City's land use
application process. This will result in an orderly provision of public facilities to the
annexation area (Attachment C).
5. Duly noticed and advertised notice of public hearing: Pursuant to ORS 222.120
notice of the hearing was published for the Planning Commission meeting on February 4,
2020 and for the City Council meeting on February 13, 2020, in the Mail Tribune
newspaper and notice was posted in four (4) public locations. In addition, on January 24,
2020 notice was mailed to each property owner of record within 250 feet of the proposed
annexation.
There are no issues relative to this application:
ATTACHMENTS:
Attachment "A"- Graphic Illustration of the subject property
Attachment "B"- Annexation Petition
Attachment "C"- Applicant Findings for Orderly Provision of Public Facilities
Attachment "D"- City Council Resolution No. Ordering Annexation
Exhibit A: Written Description
Exhibit B: Annexation Depiction Map
ACTIONS:
Open public hearing and consider the request to annex approximately 3.16 acres located at 37S 2W
IOBC Tax Lot 2200, close the public hearing and 1) recommend approval to the City Council; 2)
recommend approval with revisions; or 3) recommend denial the application.
RECOMMENDATION:
Recommend approval of Annexation Request (File No. Annex - 1900 1) to the City Council per the Staff
Report dated February 4, 2020.
32
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ATTACHMENT "W3-"
ANNEXATION PETITION
The undersigned hereby request and consent to the annexation to the City of
Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A"
attached hereto and by this reference ►Dade a part of the within petition.
By their signature hereto, the undersigned certify that they are either "owners" of
land in the territory proposed to be annexed as described in Exhibit "A", or are "electors"
registered in the territory proposed to be annexed as described in Exhibit "A".
"]'his petition, containing the request and consent to said annexation, lust be filed
With the Central Point City Council on or before the date of the public hearing to be held
1tp011 the proposed annexation pUrsuant to ORS 222.120.
Owner" is defined by OtZS 222.120 as Ineaning the legal owner of record or,
where there is a re=corded land contract which is in force, the purchaser thereunder. If
there is multiple ownership in a parcel of tared, each consenting wvvner shall be counted as
a fraction of the same extent as the interest of the owner in the land bears in relation to
the interest or the other owners: and the same fraction shall be applied to the parcel's land
Mass for purposes of the consent petition. If it corporation owns land in a ten1tory
proposed to be annexed, the corporation shall be considered to be the individual owner of
that land.
"Elector" is defined in said statute as all Individual qualified to vote Under Article
ll. Section 2 of the Oregon Constitution, which in trn-n requires that the individual be 18
years of age or older, a resident of the area in question, and registered to vote as required
by applicable state law. Furthermore, ORS 222,270(2) requires that electors petitioning
for annexation be registered in the territory proposed to be annexed.
Name/Address Elector
Or
Property
Owner?
W.L. Moore Const. In Owner
T Signature
j
i
I
Date
10-9-2019
Annexation Petition
Revised 9/26/06
X:1F&SDBIInfo FileslCity Central 1'oint�Application&1.)oculne11ts\CCP - Annexation
Petition.doe
34
ATTACHMENT "__L_"
FARBER CONSULTING
• FARBER & SONS, INC. • POST OFFICE BOX 5286 • CENTRAL POINT, OR 97502
January 26, 2020
Planning Department
City of Central Point
140 S Third Street
Central Point Or 97502
Re: Annexation Criteria Public Facilities, 3664 Grant Road, Assessors Map No 372WI OBC -
2200.
To whom it may concern:
Orderly Provision of Public Facilities
Orderly Provision of Public Facilities: The City -County Urban Growth Boundary and
Policy Agreement requires that, in considering an annexation, urban facilities and services
must be adequate in condition and capacity to accommodate the additional level ofgrowth
allowed by the Comprehensive Plan within the annexation area prior to or concurrent with
the development. Public Works and Rogue Valley Sewer Services have reviewed the existing
public facilities and their proximity to the annexation area and concluded that public
facilities can be provided or extended to the site. Any future enhancements of these facilities
made necessary by development of the annexation area will be the responsibility of the
developer and regulated through the City's land use application process. This will result in
an orderly provision ofpublic facilities to the annexation area.
Public services are available to the area proposed for annexation consist of the following per the
as built maps available:
Rogue Valley Sewer Services has an 18" main line in Grant Road. This line is adequate and will
be tied in to server the proposed annexed area.
The city of Central Point has an easement on the east side of Lot 53 of Country Meadow Estates
that provides access to an existing 18" storm drain line that will adequately serve this area.
The City of Central Point has an 8" water line stubbed to the north boundary of the area proposed
for annexation. This line will be extended and looped through the future development as needed.
Respectfully,
Herbert A Farber
Page 1 of 1
+ HERBERT A. FARBER, PRESIDENT
PHONE: 541.664.5599
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ATTACHMENT' "�it
RESOLUTION NO.
A RESOLUTION TO ANNEX 3.44 ACRES,
LOCATED AT 3664 GRANT ROAD AND
IDENTIFIED ON THE JACKSON COUNTY
ASSESSOR'S MAP AS 37 2W 10113C, TAX LOT 2200.
APPLICANT: WL MOORE CONSTRUCTION, LLC.
RECITALS:
A. WL Moore Construction, LLC owns one tax lot at 3664 Grant Road and generally described by
Exhibit A, which is not located within the City of Central Point city limits. The Central Point City
Council (the Council) is authorized under ORS 222.120 to hold a public hearing for annexation
proceedings without an election for annexation.
B. On February 13, 2020 the Council conducted a duly noticed public hearing on the annexation
application, at which time it reviewed the City staff report, heard testimony and comments on
the application to annex the 3.44 acre property specifically described in attached Exhibits "A"
Written Description and Exhibit "B" Annexation Depiction Map.
C. The City Manager, or designee, will transmit a copy of this resolution to the Oregon Secretary of
State, and this annexation is effective when filed with the Oregon Secretary of State pursuant to
ORS. 222.180.
D. This annexation is a full consent annexation as Bret Moore has consented to the annexation.
The City of Central Point resolves as follows:
Section 1: The property at 3664 Grant Road, described in the above recitals and set forth in attached
Exhibits "A" and "B" is proclaimed to be annexed to the City of Central Point.
Passed by the Council and signed by me in authentication of its passage this day of
2020.
ATTEST:
City Recorder
Resolution No.
0,
Mayor Hank Williams
EXHIBIT °�.�
PROPERTY DESCRIPTION
W. L. MOORE CONSTRUCTION, INC
ANNEXATION ASSESSOR'S MAP No 372W I OBC -2200 AND
ADJACENT RIGHT OF WAY
BEGINNING AT THE SOUTHEAST CORNER OF LOT 53, COUNTRY MEADOWS
ESTATES SUBDIVISION UNIT 3 RECORDED IN VOLUME 25, PAGE 38 OF THE PLAT
RECORDS, JACKSON COUNTY, OREGON; THENCE NORTH 89°59'23" WEST, ALONG
THE SOUTH LINE OF SAID SUBDIVISION AND THE PROJECTION THEREOF, ALSO
BEING THE EXISTING CITY BOUNDARY FOR THE CITY OF CENTRAL POINT, FOR A
DISTANCE OF 415.38 FEET TO THE CENTER LINE OF GRANT ROAD; THENCE SOUTH
2°08'31" WEST, ALONG SAID CENTER LINE FOR A DISTANCE OF 178.81 FEET;
THENCE SOUTH 14040'06" EAST, ALONG SAID CENTER LINE FOR A DISTANCE OF
213.78 FEET TO A POINT, SAID POINT BEING ON THE PROJECTION OF THE NORTH
LINE OF PARTITION PLAT No. P-57-2006 RECORDED IN THE RECORDS OF JACKSON
COUNTY, OREGON, INDEX No., VOLUME 17, PAGE 57 AND FILED AS SURVEY No
19226 IN THE OFFICE OF THE COUNTY SURVEYOR OF JACKSON COUNTY,
OREGON, ALSO BEING ON THE EXISTING BOUNDARY OF THE CITY OF CENTRAL
POINT; THENCE NORTH 84017'24" EAST, ALONG THE NORTH LINE OF SAID
PARTITION AND ITS PROJECTION AND SAID BOUNDARY, FOR A DISTANCE OF
369.72 FEET; THENCE NORTH 0°00'27" EAST, ALONG THE WEST LINE OF COUNTRY
MEADOWS ESTATES SUBDIVISION UNIT 2, PHASE 2 RECORDED IN VOLUME 27,
PAGE 8 AND OF SAID PLAT RECORDS AND THE WEST LINE OF COUNTRY
MEADOWS ESTATES SUBDIVISION UNIT 2, PHASE 1 RECORDED IN VOLUME 25,
PAGE 4 OF SAID PLAT RECORDS, ALSO BEING THE EXISTING CITY OF CENTRAL
POINT BOUNDARY, FOR A DISTANCE OF 348.64 FEET TO THE POINT OF
BEGINNING.
37
38
EXHIBIT
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