HomeMy WebLinkAboutJan. 14, 2020 CAC Agenda PacketCITIZENS ADVISORY COMMITTEE
Tuesday, July 11, 2017 - 6:00 p.m.
Council Chambers @ Central Point City Hall
I. MEETING CALLED TO ORDER
II. ROLL CALLANTRODUCTIONS
David Painter (chair) Cameron Noble, Cinda Harmes, Robin Stroh, Carrie Reed, Mike
House
III. MINUTES
Review and approval of September 10, 2019 minutes
IV. PUBLIC APPEARANCES
V. BUSINESS
A. Central Point Hazard Mitigation Plan - 2019 Update
B. 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 OAA, Tax Lots 6000 and 6100. Applicant: City of Central Point. File No. CPA -
19008
C. Urban Growth Boundary Amendment Update
VI. DISCUSSION
VII. MISCELLANEOUS
A. Community Development Update
VIII. ADJOURNMENT
1
City of Central Point
Citizens Advisory Committee Minutes
September 10, 2019
I. MEETING CALLED TO ORDER AT 6:00 P.M.
II. ROLL CALL
Present were: David Painter (chair) Carrie Reed, Cinda Harmes, Robin Stroh, Mike
House, Cameron Noble
Also in attendance were: Tom Humphrey, Community Development Director,
Stephanie Holtey, Principal Planner, Justin Gindlesperger, Community Planner, Eileen
Mitchell, Community Planner and Karin Skelton, Planning Secretary.
III. MINUTES Robin Stroh made a motion to approve the minutes of the May 14,
2019, Citizen's Advisory Committee Minutes. Mike House seconded the motion. All
members said "aye". Motion passed.
IV. PUBLIC APPEARANCES
No public appearances
V. BUSINESS
A. Accessory Dwelling Unit (ADU) code Amendments. Introduce and
discuss draft code amendments to comply with ORS 197.312 and
increase housing supply/affordability per the city's Housing
Implementation Plan. File No. ZC-19001
Principal Planner Stephanie Holtey introduced draft changes to the Central Point
Municipal Code Section 17.77. She said the changes were necessary to eliminate barriers
to ADU construction, promote housing supply and affordability and to comply with ORS
197.312. She added this is consistent with the City's housing policies and the recently
approved Housing Implementation Plan. She reviewed the State's minimum
requirements.
Ms. Holtey mentioned there would be amendments to the Definitions section of the
Municipal Code. She explained the amendments would simplify the existing code
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CAC Minutes
September 10, 2019
Page 2
language by eliminating standards addressed in the Building, Fire, and Public Works
codes.
There would be an increase in the maximum square footage allowed for ADUs from 35%
to 50% of the gross floor area (GFA) of the primary dwelling or 800 square feet
whichever is less. The Committee asked if a unit built over an existing garage could
exceed the 800 square foot limit in order to cover the entire space. Ms. Holtey replied
that would be the only exception. She said the height limit would be 25 feet which would
accommodate carriage units over existing garages.
She explained a reduced rear yard setback from 10 feet to 5 feet has been suggested. The
reduction would accommodate conversion of existing structures which did not meet the
current standard setbacks for ADUs. She reviewed the changes to the parking standards
to allow on -street parking where off-street parking is not possible. She said there were
specific criteria which would need to be met in order to allow any on -street parking.
The Committee expressed concern that people might build ADUs for short term rental
income. They worried this might negatively impact neighborhoods. Mr. Humphrey
responded saying there were currently no regulations on short term rentals, however the
city's finance director was researching how other cities regulated them. He added the
issue tonight was to focus on compliance with the state mandated standards for ADUs.
He said he did not envision an excessive increase in construction of ADU's.
The Committee discussed the size limitations for ADU's. They wondered about separate
entrance requirements. Ms. Holtey stated an ADU would require a separate entrance.
Mr. Humphrey stated the existing 18 ADUs in the city were not located in one specific
area but were scattered throughout. He added they were on various sized lots.
Chair David Painter asked for public comments.
Nlike Parsons, Freeman Ave.
Mr. Parsons stated he was a City Council member but was acting in his capacity as a
private citizen. He asked how the city's requirements for ADUs would affect the rules of
homeowners associations. Ms. Holtey explained that the CC&Rs would have precedence
over the city's zoning code if they were stricter.
Mr. Painter closed the time for public comment
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September 10, 2019
Page 3
The Committee discussed their concerns regarding parking and traffic. They thought
affordable housing was important; however they were not in favor of allowing on -street
parking for ADUs. They expressed a preference for continuing to require one off-street
parking space per ADU.
Robin Stroh made a motion to forward a favorable recommendation of the draft code
amendments to CPMC Section 17.77 as presented. Roll Call: Robin Stroh, yes; Cinda
Harmes, no; Cameron Noble, no; Carrie Reed, yes; Mike House, no. Motion did not pass.
Cinda Harmes made a motion to approve the draft amendments with the exception of
removing the off street parking requirement. Mike House seconded the motion. Roll
call: Robin Stroh, no; Cinda Harmes, yes; Cameron Noble, yes; Carrie Reed, yes; Mike
House, yes. Motion passed.
VI. DISCUSSION
A. Central Point Hazard Mitigation Plan — 2019 Update
Community Planner Justin Gindlesperger reviewed the Hazard Mitigation Plan stating it
identifies the city's risks and vulnerabilities and establishes strategies for protecting people
and property from hazard events. In addition to protecting the community he explained
that the plan was a requirement for the city to be eligible for FEMA emergency funding.
He identified the hazards the city might be subject to. These included earthquake, flood,
wildfire, severe weather, drought, volcanic eruptions and landslides. He explained the
steps used to assess each hazard.
Mr. Gindlesperger reviewed the mitigation goals: protection of life and property,
emergency response, education, partnership with public agencies, protection of natural
resources and funding for the plan. He said the next steps would be to incorporate any
feedback from the Citizen's Advisory Committee, and present the draft to the Planning
Commission and the City Council. Then to FEMA & Oregon OEM. The Committee had
no questions.
B. CP -2B Concept Plan Update
Community Development Director Tom Humphrey said the city's Regional Plan Element
includes a provision that prior to expansion of the urban growth boundary (UGB) into an
urban reserve area (URA) it is necessary to adopt conceptual land use and transportation
plans for the affected urban reserve area. The city has received requests to add parts of
URA CP -213 to the City's UGB in order to offer additional land for housing. In 2009 the
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September 10, 2019
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City participated in a demonstration project integrating land use and transportation
concepts in one of the city's future growth area. That project is now referred to as CP -
213.
Mr. Humphrey said when the city adopted the Regional Plan Element into its
Comprehensive Plan it agreed to land use percentages in each URA, and an average
residential zoning density of 6.9 units per gross acre of land. The Concept Plan will be
used in the city's application for UGB Amendment with Jackson County and the
Department of Land Conservation and Development (DLCD).
Mr. Humphrey reviewed the process. He said public comment for the Conceptual Plan
was received during a demonstration project charrette. City staff modified the plan which
was once again considered in a public forum. It was presented to the Metropolitan Planning
Organization (MPO) last month and included three land use and circulation alternatives.
The Regional Plan requires this collaboration with the MPO. They found that it satisfies
the Performance indicators in the Regional Plan.
In order to comply with the Regional Plan the city must assign an urban land use
designation to all of the land in the URA and do so using the categories and percentages
to which the city and county agreed. City land use designations only become effective at
the time of a UGB Amendment and only then when they are initiated at the request of
property owners.
The City Council adopted a resolution to ratify the land use and transportation plans for
CP -213 prioritizing the alternatives in the following order: #3, #2 and # 1.
Mr. Humphrey explained there was no action required tonight, however he thought the
information would aid the CAC when the current UGB amendment is submitted.
C. Urban Growth Boundary Update
Principal Planner Stephanie Holtey said the CAC had been instrumental in providing
feedback in regard to the planned UGB amendment. They provided feedback regarding
identification of alternative boundary locations for a residential UGB expansion. They
discussed things such as a concentric growth pattern, master planned parcels and proposed
UGB boundaries. They also discussed services in proximity to areas to in which to
expand. After feedback from the Planning Commission, City Council and members of the
public, two possible scenarios were completed.
She explained that after much evaluation, it was decided to package employment and
residential UGB amendments together. She said the proposal was to bring in a total of 478
gross acres for residential, commercial, employment, parks and public facilities. The
application has been submitted to the County with a request for a pre -application meeting.
She explained the proposal is required to comply with all the statewide planning goals,
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September 10, 2019
Page 5
County Comprehensive plan, and the city's Comprehensive Plan and zoning code.
Additionally there will be a traffic study to identify how growth will affect existing and
planned traffic infrastructure.
She reviewed the process to amend the UGB and said there will be meetings of both the
CAC and the Planning Commission that will be an opportunity to receive public input.
There will also be a joint meeting with the County and the city Planning Commission.
PLANNING UPDATE
• The railroad crossing at Twin Creeks is now open.
• The Housing Authority is building apartments and townhouses on South Haskell
• Development is beginning at Chicory Village at the south end of Haskell
• There has been some discussion with the owner of the property at the end of South
Haskell. The city would like to acquire the right of way to connect Haskell to Beall
Lane.
■ The chiropractic and urgent care facility on the corner of E. Pine and 6th may be
submitting for building permits soon.
• There is a Car Wash and Oil Change facility proposed as a conditional use on the
corner of Table Rock and Biddle Road.
• Several business owners and Mr. Humphrey will be traveling to Colorado to attend
a destination business boot camp workshop.
The Creamery has acquired the properties across from Quality Fence on W. Pine St.
to expand their facilities.
Stephanie Holtey introduced Eileen Mitchell, Community Planner I to the Citizens'
Advisory Committee.
VII. MISCELLANEOUS
VIII. ADJOURNMENT
David Painter declared the meeting adjourned at 7:50 p.m.
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September 10, 2019
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The foregoing minutes of the September 10, 2019 Citizens Advisory Committee were
approved by the Citizens Advisory Committee at its meeting of January 14, 2020.
Chairman
7
HAZARD MITIGATION PLAN
STAFF REPORT
AGENDA ITEM: VI -A
CENTRAL
POINT
STAFF REPORT
January 14, 2020
Planning Department
Tom Humphrey,AICP,
Community Development Director/
Assistant City Administrator
Consideration of City of Central Point Hazard Mitigation Plan Applicant: City of Central Point.
STAFF SOURCE:
Justin Gindlesperger, Community Planner II
BACKGROUND:
The City of Central Point has a stand-alone hazard mitigation plan that was adopted in 2011 and needs to be
updated to account for community changes since 2011. The Hazard Mitigation Plan evaluates the City's
vulnerability to natural hazards and establishes an action plan to reduce risk. In addition to providing a
framework for reducing the negative impacts of future disaster events (i.e. floods, earthquakes, severe weather,
etc.), maintaining a current plan is necessary to retain eligibility for 1) pre- and post -disaster federal funding; and
2) flood insurance discounts through the Community Rating System.
The risk assessment conducted as part of the update process serves as the foundation to the rest of the planning
process by reevaluating the hazards identified in the 2011 Hazard Mitigation Plan, identifying new hazards and
determining potential impacts of those hazards to the community. Once the risks to Central Point are identified,
defined as the potential for damage, loss or other impacts, the focus can turn to identifying and prioritizing actions
to mitigate the impacts.
During this meeting, staff will review the risk assessment process and provide an overview of the natural hazards
and the expected impacts to Central Point. Attached is a copy taken from the Hazard Summary and Risk
Assessment chapter for the updated plan, which includes an introduction to natural hazard risks, risk assessments
and the hazard profile for Wildfires.
ISSUES:
The primary issue in considering the Hazard Mitigation Plan is to identify local policies and actions that can be
implemented to reduce risk and future losses from hazards.
ACTION:
Consideration of the City of Central Point Hazard Mitigation Plan and provide comments regarding proposed
updates.
ATTACHMENTS:
Attachment "A" —Hazard Identification and Risk Assessment
Attachment "B" - Wildfires
Page 1 of 1
Q
Attachment "A"
4. Hazard Identification and Risk Assessment
44 CFR §201.6(c)(2)(i), The risk assessment shall include a description of the type, location and extent of all
natural hazards that can affect the jurisdiction. The plan shall include information on previous occurrences of
hazard events and on the probability of future hazard events.
44 CFR §201.6(c)(2)(ii), The risk assessment shall include a description of the jurisdiction's vulnerability to the
hazards described in paragraph (c)((2)(i) of this section. This description shall include an overall summary of
each hazard and its impact on the community. All plans approved after October 1, 2008 must also address NFIP
insured structures that have been repetitively damaged by floods. The plan should describe the vulnerability in
terms of.•
44 CFR §201.6(c)(2)(ii)(A), The types and numbers of existing and future buildings, infrastructure, and critical
facilities located in the identified hazard area.
44 CFR §201.6(c)(2)(ii)(8), An estimate of the potential dollar losses to vulnerable structures identified in this
section and a description of the methodology used to prepare the estimate.
44 CFR §201.6(c)(2)(ii)(C), Providing a general description of land uses and development trends within the
community so that mitigation options can be considered in future land use decisions.
Introduction
Central Point is subject to a wide array of natural hazards. The purpose of this chapter is to identify the
potential hazards and determine the potential impacts to the people, economy, existing and future
development, and the natural environment of the City. Some hazard events, such as earthquakes or
severe weather, may affect the entire city. Other hazards will only directly impact a portion of the city.
The risk assessment is the first step in the mitigation planning process and provides a framework for the
City to focus attention and resources on the greatest risks by mitigating or preparing for potential
hazards.
Understanding Risk
Risk is an uncontrolled, or unexpected, loss of something of value. FEMA defines risk as "the potential
for damage, loss, or other impacts created by the interaction of natural hazards with community assets"
(2013)1. As shown in Figure 4-1, the risks from a natural hazard event result because of the exposure of
community assets to the destructive forces of the hazard.
1 Federal Emergency Management Agency. Local Mitigation Planning Handbook. 2013. 5-1.
10
Figure 4-1 Understanding Risk
Source: Local Mitigation Planning Handbook (FEMA, March 2013)
Another way to describe risk is the exposure of assets to a natural hazard. In this case, exposure is the
quantity, value and vulnerability of a community's assets subject to one or more hazards. The more
exposed assets are, the higher the risk. Risk results only when there is an overlap between assets and a
hazard.
What is a Risk Assessment?
The risk assessment process identifies and profiles relevant hazards and assesses the exposure of lives,
property and infrastructure to these hazards. The process allows for a better understanding of Central
Point's potential risk to natural hazards and provides a framework for developing and prioritizing
mitigation actions to reduce risk from hazard events.
A risk assessment consists of the three steps shown in Figure 4.2. Each step builds on the information
and data gathered in the previous step in order to appropriately determine risks to the community.
Figure 4-2: Risk Assessment Process
Hazard Vulnerability
Identification Assessment Risk Analysis
As shown in the figure above, the first step in the process is Hazard Identification. This step not only
identifies the individual hazards, but also includes a description of where the hazard will occur within
City, the extent, or strength, of the expected hazard, a history of when the hazard has occurred in the
past, and the probability of any expected future occurrences.
The second step in this process is the Vulnerability Assessment. This step examines the overlap between
the natural hazards and the community assets. It examines how the City —the people, property, built
environment and natural environment — will be affected by each particular hazard.
The final piece to a risk assessment is the Risk Analysis. This step examines the information from the
previous steps and determines potential impacts. It identifies the potential for damages, losses and
casualties arising from hazards.
11
Hazard Identification
Central Point identifies eight natural hazards that could have an impact on the city. Table 4.1 lists the
hazards identified by the advisory committee. The list of hazards was developed by comparing the
hazards in the previous plan to hazards identified in the Oregon NHMP for the Southwest Oregon
(Region 4), and researching past events in the area. The 2011 Hazard Mitigation Plan briefly addressed
several other hazards which, as the plan states, "...pose minor or negligible threats to Central Point."
(201 1)2 The steering committee considered each of the hazards individually and while some still pose
minor threats to the City, the risk from at least one hazard changed significantly due to changes in local
conditions and recent hazard occurrences since the previous plan was completed.
Table 4-1: Central Point Hazard identification
Maximum
Hazard History Vulnerability
Earthquake (Cascadia) 2 50
Threat
100
WW'
ProbabilitV
70
Tota I %F1
Threat
Score
222
Risk Le
(H -M
High
Floods
20
25
50
70
165
High
Wildfire
10
25
50
70
155
High
Winter Storm
20
5
10
70
105
Medium
Windstorm
20
5
10
70
105
Medium
Drought
20
5
10
70
105
Medium
Earthquake (Crustal)
2
25
50
7
84
Low
Volcano
2
5
50
7
64
Low
Landslide
2
5
10
7
1 24
Low
Hazard Summaries
The following sections provide a description and overview of each hazard type. Each hazard summary
includes information on hazard history and past occurrences, the extent or location of the hazard within
or near the City, probability of the hazard occurring in the future, and the vulnerability of the City to
damages from the hazard.
2 City of Central Point, Central Point Natural Hazard Mitigation Plan, 2011.9-1.
12
Attachment "B"
Wildfires
Significant Changes since Previous NHMP:
A significant wildfire event within City limits occurred since the previous NHMP.
Jackson County and Josephine County completed a joint Community Wildfire Protection Plan that
updated the limits of the Wildland-Urban Interface in both counties.
Wildfires, also referred to as wildland fires or forest fires, are uncontrolled fires where vegetation,
including grasses, brush and trees, are the primary fuels of the fire. These fires become a risk when
development encroaches into wildland area. The increase of development into the interface, or the
Wildland-Urban Interface (WUI), results in greater wildfire risks through limited services like water
supplies and suppression capabilities, as well as other factors like the absence of fire -safe construction
practices and limited access to/from high-risk areas.
Fires may be started by natural causes, such as lightning, or human causes, either intentionally or
unintentionally. Once started, there are three (3) main factors that contribute to fire behavior, including
vegetation/fuel loads, weather and topography.
• Fuel is the material that feeds a fire and is classified by volume and type. Certain types of plants
are more susceptible to burning or will burn with greater intensity. Fire intensity can increase
with the abundance of dense or overgrown vegetation, a higher ratio of dead plant matter
compared to living vegetation, and the amount of moisture content found in the vegetation.
• Topography influences the movement of air and directs a fire's course. Steeper slopes can
increase the spread as warm air currents travel uphill.
• Weather is the most variable factor. Temperature, humidity, wind and lightning can affect
chances for ignition and spread of fire. Extreme weather, such as high temperatures and low
humidity, can lead to extreme wildfire activity.
Location and Extent
Areas with the greatest risk to experience loss from a wildfire are the areas where development and
structures encroach into wildlands that are prone to wildfires. These areas are referred to as the
Wildland Urban Interface (WUI). Central Point was originally thought to be outside of a WUI, as reflected
in the low level of risk identified in the 2011 Hazard Mitigation Plan.
In 2017, Jackson and Josephine Counties completed a joint Community Wildfire Protection Plan (CWPP)
that updated the WUI for both counties (RVIFP, 2017)1. The CWPP process is designed to identify and
prioritize areas for wildfire prevention and response efforts. The CWPP also updated the WUI, as shown
in Figure 4-3.
1 Rogue ValleV Integrated Community Wildfire Protection Plan, (2017).
13
Figure 4-3: RVIFP Wildland Urban Interface
K'JtI 6' iG)4lYxftll'�
' �hY�1lel.e� S.Mtrdi Ir�lr fn�e fNeyud: ?� 17S
i
1
i
i
OREGON 4• I •.t I
Source: Rogue Valley Integrated Community Wildfire Protection Plan, 2017
The updated WUI includes many urban and densely populated areas within Jackson and Josephine
Counties. As noted in the 2017 RVIFP:
Though many non -vegetated expanses do exist within metropolitan areas (shopping malls,
roads, parking lots, downtown sections, municipal and urban buildings, etc.) the vast majority of
Rogue Valley metropolitan areas and urban structures are located within % mile or less of
wildland areas. Wildfires create airborne burning embers that can travel Y2 mile or more from
the fire. Structures, particularly those closely -spaced, as found in urban settings, are extremely
vulnerable to ignitions from burning embers, and the spot fires created by burning embers.
Through the CWPP process, the Counties and the WUI work group could define a WUI based on zoning
and focus fuel treatments where people live, or are likely to live. The mix of public and privately -owned
wildlands can make meaningful mitigation difficult. As the 2017 RVIFP notes: "To provide sufficient fire
protection for the population center, it is essential for wildfire planning efforts to include metropolitan
areas within the WUI boundaries, to ensure adequate suppression resources are available."(2017)2
History
In July of 2018, a fast-moving grass fire started along the Bear Creek Greenway near the east side of
Central Point. The wildfire, named the Peninger Fire, started near Jackson County Expo property, burned
along the greenway before it rapidly moved east along Peninger, Biddle and Hamrick Roads. The fire
2 Rogue Valley integrated Community Wildfire Protection Plan (2017).
14
burned approximately 97 acres, singed 3 homes, destroyed 5 outbuildings and damaged another
outbuilding3.
Figure 4-4: Peninger Fire Map
Source: The Wild Coast Compass4
Outside Central Point city limits, Jackson County has experienced a large number of wildfires throughout
history. As part of the RVIFP, the CWPP examined fire history from 1992-2016 for Jackson and Josephine
Counties. Using data from the United States Forest Service (USFS) and Oregon Department of Forestry
(ODF), there were an average of 296 wildfires per year, with an average of 7,808 acres burned 5. As
shown in Figure 4-5, the numbers of wildfires ranged from 186 to 598 per year.
.,e 4-5: Wildfires Report in Jackson and Josephine Counties
Source: RVIFP (2017)
3 Nick Morgan, "Body Found in Burned Area of Central Point Fire," Mail Tribune. 19 July 2018.
4 The Wild Coast Compass, www.Wildcoastcomijass.com
5 Rogue Valley Inte rated Community Wildfire Protection Plan (2017).
15
Despite the large number of fires ignited annually, only a small portion of those reached 36 acres or
greater (about 64 fires since 1992) showing that most fires are successfully suppressed after the initial
attack. As noted in the 2018 Jackson County NHMP, the majority of fires are started along travel
corridors and the edges of urban areas; however, the fires that grow to burn a large number of acres are
located near more remote areas (see Figure 4-6).
Figure 4-6: Large Fires (>= 36 acres) Fire Occurrence (1992-2015)
Source: RVIFP (2017)
Probability
According to the 2018 Jackson County NHMP,
Certain conditions must be present for significant interface fires to occur. The most common are
hot, dry and windy weather; the inability of fire protection forces to contain or suppress the fire;
the occurrence of multiple fires that overwhelm committed resources; and a large fuel load
(dense vegetation). Once a fire has started, several conditions influence its behavior, including
fuel, topography, weather, drought and development. Many of these conditions are
demonstrated across large areas within Jackson County, creating a significant collective risk
(2018).6
The Advisory Committee assessed the probability of experiencing a wildfire hazard in Central Point a
"high" probability, meaning one incident is likely with the next 10-35 years. Based on the available
information, the Oregon Natural Hazard Mitigation Plan Regional Risk Assessment supports this
probability rating for Central Point. This rating has increased since the previous NHMP.
Vulnerability
The Advisory Committee rated Central Point as having a "moderate" vulnerability to wildfire hazard,
meaning that between 1-10% of the City's population or assets would be affected by a major disaster.
This rating is on increase since the previous NHMP.
6 Jackson County Emergency Management, Jackson County Multi -Jurisdictional Natural Hazard Mitigation Pian,
2018
16
Southern Oregon, including Central Point and the surrounding areas of Jackson County, are identified in
the 2015 Oregon NHMP as one of the regions in the state most susceptible to wildfires. This
vulnerability assessment is the result of a high percentage of wildland acres subject to fire risk, smaller
communities within the WUI, high summer temperatures, rugged terrain and the likelihood of summer
thunderstorm activity (Oregon DLCD, 2015)'.
Ignition sources are generally concentrated along travel corridors and at the edges of urban areas (RVIFP
2017)$. Debris -burning, equipment use and even arson contribute to wildlife ignition sources. Central
Point in bound by rural areas on the west and north, there are several travel corridors that connect the
City to these areas, and several stream north -south stream corridors, including Bear Creek that
accommodates pedestrian traffic — the source of the 2018 Peninger Fire, connect the City to the WUI
and sources of wildland fires.
As noted above, metro areas within %-mile of wildlands are vulnerable to risks of wildfires. Areas of
Central Point within X -mile of wildlands, including the Bear Creek Greenway and the "metro edge" are
shown in Figure 4-7. There are —residences within %-mile of the Bear Creek Greenway, _ residences
within %-mile of the "metro edge' along the north and east sides of the City. There are several critical
facilities within the wildfire risk area, including the proposed Scenic Fire Station along Scenic Avenue.
Source: Central Point Planning Department
The expected increase in population necessitates the expansion of City limits, and ultimately, urban -type
development and densities into current rural areas. Areas proposed for growth, to the west and north of
the current City boundaries (see Figure 4-8), are also areas currently within a certain level of risk for
wildfires. While densities will increase in these areas, services and responses, such as access routes,
emergency response from the new fire station, and water supplies, will increase commensurately. It is
anticipated that the level of risk to wildfires will stay the same in these areas.
' Oregon Department of Land Conservation and Development (DLCD), Oregon Natural Hazards Mitigation Plan,
2015.
8 Rogue Valley Inteizrated Community Wildfire Protection Pian (2017).
17
Figure 4-8: Central Point Urban Growth Boundary Amendment
i.
a
k j
vru^ tier � i
V.k
„F"'1
f
Legend.,1*�..+
Proposed UGB Tax Lois
Proposed UGB Amendment l =r~—,�: it•, 1
L� Urban GrovAh Boundary !'f'y •�� — k j
t...3 t.. s, i •� i ti •'� j
L..r City Limits s...:,..,..... .«_�.. �.. _.��
Central Point Urban Growth Boundary Amendment
CENTRAL
POINT
Source: Central Point Planning Department
I:
Proposed UGB Areas
ZONE MAP CHANGE FROM EMPLOYMENT COMMERCIAL (TOD) TO
GENERAL COMMERCIAL (TOD)
19
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.cen cra I poi ntoregon.Qav
AGENDA ITEM: Discussion
CENTRAL
POINT
Cre,
g,on
STAFF REPORT
January 14, 2020
Community Development
Tom Humphrey, AICP
Community Development Director
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-IOAA, 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.
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 as well as a
nonconforming apartment that is part of the existing commercial building. 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
20
Amendments) to be consistent with the function and capacity of existing and planned
transportation facilities. The Rogue Creamery is currently working with a local
engineering group to evaluate the impact the zone change will have on traffic within
the vicinity. The Planning Department Supplemental Findings (Attachment "B") will
address the transportation impacts once the engineering assessment is completed. In the
meantime, department findings are provided for purposes of this discussion.
ISSUES:
There are no issues relative to this application.
ATTACHMENTS:
Attachment "A" — Comprehensive Plan and Zoning Maps
Attachment "B" — Planning Department's Findings
ACTION:
Recommend that staff schedule a public hearing once a traffic analysis is complete and the TPR can be
satisfied.
RECOMMENDATION:
Provide planning staff feedback regarding department findings.
21
ATTACHMENT "A"
Figure 1. Current and Future Comprehensive Plan Map
C
A
CENTRAL
POINT
Current & Future Land Use Designation
Legend
Stud_VArea Lux Density
Taxlots - High Density
Very Lmv Densibi Commercial
_.� medium Density Civic
22
0 100 200 400 Feet
I I I f i . i T
Created by:
Eileen Plitchell, Community Planner 1
Gate: 9/30J2019
Figure 2. Current Zone Designation
Current Zoning Designation
Legend
IZZI Study Area 0 105 210 420 Feet
CENTRAL Civic HMR (TOD)
POINT EC (TOD) MMR (TOD) Created by
Eileen Mitchell, Community Planner 1
GC (TOD) ® R-3 Date: 9/3 0/20 19
23
Figure 3. Proposed Zone Designation
CENTRAL
POINT
Proposed Zoning Designation
Legend
®Study Area 0 105 210 420 Feet
Civic HMR (TOD)
EC (TOD) MMR (TOD)
GC (TOD) R-3
24
Created by
Been 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.
25
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.
26
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.
26
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 17.05.400(C)(1)(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;
27
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 ofpublication.
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
1
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 Ill land use
action for the zone map amendment.
Conclusion, CPMC 17.05.400(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 I 7.05.400(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 17.05.400(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,
29
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.
3. 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 I Z 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:
30
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 City for 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. 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:
31
ATTACHMENT "B"
L 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).
1. 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;
32
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 17.05.400(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.
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 I Z 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 I 7.05.400(E) (3): Consistent.
4. Decision -Making Time Limits. The written decision for any Type III action
(including an appeal from a Type 11 decision) shall be filed with the community
development director or designee within ten days after the close of the
deliberation;
Finding CPMC I 7.05.400(E) (4): The written decision was filed within the
designated 10 day time limit pursuant to CPMC 17.05.400(E)(3).
Conclusion CPMC I 7.05.400(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.
33
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 fled, the application
shall be void. (Ord. 2041 §2, 2017; Ord. 2033 §4, 2017; Ord. 1989 §l(part), 2014;
Ord. 1874 § 1(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.
34
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 I 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:
35
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 17.10.400(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 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 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 I Z10.400(C): Consistent.
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- 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.
36
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 1 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 1 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 1 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.
37
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 S 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 S 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:
M,
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.
Conclusion Policy: Consistent.
39
URBAN GROWTH BOUNDARY AMENDMENT
40
Planning Department
MEMORANDUM CENTRAL Tom Humphrey. AiCF.
Community Development Director
POINT
January 14, 2020
To: Citizen's Advisory Committee
From: Stephanie Holtey, Principal Planner
Re: Urban Growth Boundary (UGB) Amendment Update (CPA -19001)
The City is nearing completion of the UGB Amendment application to add 444 acres of land for housing,
employment, parks and associated uses. On October 10, 2019, the City Council considered the draft
application and unanimously approved a resolution of intent authorizing staff to finalize and submit the
application upon completion of a Traffic Impact Analysis (TIA). The purpose of the TIA is to evaluate the
impacts of the proposed UGB location on the transportation network with a focus on State, County and
major City intersections.
Since that time, staff has been working with a traffic engineer, the Public Works Department, Oregon
Department of Transportation and Jackson County to complete the TIA. It is anticipated that this final
aspect of the City's application will be finished soon. Upon completion and submittal, the CAC will be
tasked with reviewing the application, receiving community input and making a recommendation to the
Planning Commission and City Council to approve, approve with modifications or deny the proposed
UGB Amendment.
The purpose of the update at the January 14`h meeting is to update the CAC on any changes to the project
status, review procedures for the UGB meeting(s) and schedule tentative special meeting date(s) for the
UGB application.
Attachments:
Attachment "A" — Proposed UGB Amendment Map
41
ATTACHMENT "A"
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