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Home My WebLink AboutResolution 849 - Approving minor amendment to title 17 e PLANNING COMMISSION RESOLUTION NO.849 A RESOLUTION APPROVING A MINOR AMENDMENT TO TITLE 17 ZONING FILE NO. 17003 Applicant: City of Central Point WHEREAS,on November 7,2017 the Planning Commission,at a duly scheduled public hearing, considered a minor amendment to Chapter 17 Zoning of the Central Point Municipal Code("CPMC") as follows, and as specifically identified in Attachment"A—Staff Report dated November 7, 2017: 1. Section 17.05.600(H)-General Procedural Provisions, City Council Review in the Central Point Municipal Code; and WHEREAS,it is the finding of the Planning Commission that the above referenced code amendments only serve to clarify administration of Chapter 17 and as such are considered minor amendments and as such do not alter current land use policy or modify standards. NOW,THEREFORE,BE IT RESOLVED,that the City of Central Point Planning Commission,by this Resolution No. 849,does hereby forward a favorable recommendation to the City Council to approve the amendments as set forth in the Staff Report dated December 7, 2017 attached hereto by reference as Exhibit"A"and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 5th day of December 2017. Planning Commission Chair ATTEST: Cft3KRepresentative Approved by me this 5h day of December 2017. Planning Commission Resolution No. 849 (12-05-2017) ADMINISTRA TION DEPARTMENT CENTRAL POINT 140 South 3rd Street • Central Point,OR 97502 - (541)664-7602 - www.centralpointoregon.gov STAFF REPORT November 7, 2017 AGENDA ITEM: Consideration of an Ordinance amending the Central Point Municipal Code Section 17.05.600(h) regarding City Council review provisions. STAFF SOURCE: Chris Clayton, City Manager Sydnee Dreyer, City Attorney BACKGROUND: Recently upon Council consideration to utilize Council Review procedures, it was determined there were insufficient provisions in place with respect to: timing of call-up procedures,vote requirements for call-up procedures,hearings procedures, and overlapping appellate procedures. Council directed staff and the city attorney to research similar processes in other cities and to bring back recommended code revisions that prescribe the council review process. FISCAL IMPACTS: If Council were to exercise its review authority after an appeal was filed, the appellate fee would be refunded to the appellant. FINDINGS: The amendments are necessary to ensure the Council Review authority is well defined and the process set forth to avoid inconsistent application and/or to avoid appeal based upon failure to follow appropriate procedure. ATTACHMENTS: Attachment"A" - Ordinance No._An Ordinance amending the Central Point Municipal Code Section 17.05.600(h) regarding City Council review provisions. Attachment"B" - Planning Commission Resolution No. 849 RECOMMENDATION: Approve Planning Commission Resolution No. 849 Recommending Approval of An Ordinance amending the Central Point Municipal Code Section 17.05.600(h) regarding City Council review provisions. i ^TTACHMENT " Ac ORDINANCE NO. AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE SECTION 17.05.600(H) REGARDING CITY COUNCIL REVIEW PROVISIONS RECITALS: A. Pursuant to CPMC, Chapter 1.01.040,the City Council, may from time to time make revisions to its municipal code which shall become part of the overall document and citation. B. Upon review, the staff and city attorney for the City of Central Point determined that amendment to Section 17.05.600(H) Council Review Procedures is necessary in order to more clearly define the process for Council review of land use matters. C. The amendment is intended to set forth the timing and procedure for Council review. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.05.600(H), City Council Review is hereby amended as set forth in Exhibit"A" attached hereto and incorporated herein by reference. SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 3. Effective Date.The Central Point City Charter states that an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment.The effective date of this ordinance will be the thirtieth day after the second reading. PASSED by the Council and signed by me in authentication of its passage this_day of October 2017. Mayor Hank Williams ATTEST: City Recorder EXHIBIT "A" TO ORDINANCE AMENDED CITY COUNCIL REVIEW PROVISIONS New language indicated in bold. Deleted language indicated in strilEethrough. 17.05.600 General procedural provisions. H. City Council Review. 1. Authority. Whether or not an appeal is filed,pursuant to Section 17.05.550, Tthe city council shall,by majority vote,have the authority to call up any Type II or Type III application for review upon a finding that errors of law were made and/or there was not substantial evidence to support the decision. The decisionto call up �^ applicatien may eccur-at any tiFne after-the application is ffled until the decisi other-wise final.When the city council calls up an application,the council shall, in its or-der.- of call-up deter-Fni e the „ e d , e t L, followed,, a l,,ding the extent f t:.....in t-� Y Morro vv ccr-circrcccmr�crc�, ciYtt`YttrtiY-�7Y-CS-tttttrittt�` ig and the rights of the par-ties.At a minimurn,the council shall follow Y„ s as Section 17.09.559 F!egar-ding appeals from Type H! decisions. 2. Procedures: a. A summary of Type II and Type III decisions shall be forwarded by mail or electronic mail to the City Council as an information item by the Planning Director at the time the decision is mailed to the applicant. b. Review under this Section shall be initiated by the City Council before the adjournment of the first regular City Council meeting,following the date the City Council receives notification of the decision. c. Any member of the City Council or the Mayor may make a motion to review the Type II or Type III decision which shall require majority of the Council present to approve. Notwithstanding the foregoing,a Council member or the Mayor is prohibited from initiating or voting upon the motion if such individual has a conflict of interest or has participated in the proceedings below in his/her individual capacity. d. Unless subsequently discontinued by majority vote, City Council review pursuant to this section shall supersede and replace any appeal filed under Section 17.05.550. The appellant(s) of any appeal filed before a City Council call for review shall receive a full refund of the filing fee. e. The City Recorder shall set the hearing date for the next regularly scheduled Council meeting,that falls not less than fourteen (14) days after the date the Council approves the motion to review the application. E City Council review shall be on the record which means that Council review is limited to the application materials,evidence, documentation,and specific issues raised in the initial proceedings and participation shall be limited to the applicant or owner of the subject property and any person who participated in the proceeding by submitting timely written and/or oral comments on the record prior to the decision. g. The notice,hearing and decision procedures for a City Council review shall follow the provisions of the Central Point Municipal Code for appeals. h. The decision of the City Council upon review shall become final on the date when written notice of the decision is mailed to persons entitled to notice of the decision. Any further appeal shall be to the Oregon Land Use Board of Appeals. PLANNING COMMISSION RESOLUTION NO.849 A RESOLUTION APPROVING A MINOR AMENDMENT TO TITLE 17 ZONING FILE NO. 17003 Applicant: City of Central Point WHEREAS, on November 7,2017 the Planning Commission, at a duly scheduled public hearing, considered a minor amendment to Chapter 17 Zoning of the Central Point Municipal Code("CPMC") as follows, and as specifically identified in Attachment"A—Staff Report dated November 7,2017: 1. Section 17.05.600(H)-General Procedural Provisions,City Council Review in the Central Point Municipal Code; and WHEREAS, it is the finding of the Planning Commission that the above referenced code amendments only serve to clarify administration of Chapter 17 and as such are considered minor amendments and as such do not alter current land use policy or modify standards. NOW,THEREFORE,BE IT RESOLVED,that the City of Central Point Planning Commission,by this Resolution No. 849, does hereby forward a favorable recommendation to the City Council to approve the amendments as set forth in the Staff Report dated November 7, 2017 attached hereto by reference as Exhibit"A"and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of November 2017. Planning Commission Chair ATTEST: City Representative Approved by me this 7`h day of November 2017. Planning Commission Resolution No. 849 (10-07-2017)