HomeMy WebLinkAboutResolution 848 - favorable recommendation for amendments to 17.05 PLANNING COMMISSION RESOLUTION NO. 848
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION FOR
PROPOSED AMENDMENTS TO CENTRAL POINT MUNICIPAL CODE CHAPTER
17.05 TO INCREASE THE PUBLIC NOTIFICATION REQUIREMENTS FOR TYPE II
AND TYPE III LAND USE APPLICATIONS
WHEREAS, on November 7, 2017 the Planning Commission at a duly noticed public hearing,
considered major amendments to Chapter 17.05 of the Central Point Municipal Code ("CPMC)
as follows:
1. Section 17.05.300(C)(1)(c);
2. Section 17.05.300(C)(1)(f);
3. Section 17.05.400(C)(1);
4. Section 17.05.400(C)(2); and,
WHEREAS, public notification requirements and possible amendments were discussed at a joint
Study Session with the City Council and Planning Commission on August 14, 2017 to improve
citizen involvement in the planning process;
WHEREAS, the Planning Commission finds that the proposed amendments are consistent with
the approval criteria for major zoning code text amendments per CPMC 17.10.400, including the
Statewide Planning Goals, the Central Point Comprehensive Plan, and the Transportation
Planning Rule as demonstrated in the Planning Department Findings of Fact and Conclusions of
Law (Exhibit A);
NOW THEREFORE BE IT RESOVED, that the City of Central Point Planning Commission,
by this Resolution No. 848 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 (Exhibit
"A") and the Draft Amendments CPMC 17.05.300(C) and 17.05.400(C) (Exhibit"B") attached
hereto by referenced and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 7 1
day of November 2017.
w
Planning Commission Chair
ATTEST:
City Representative
Planning Commission Resolution No.$W(11/7/2017)
City of Central Point, Oregon
.._ CENTRAL Community Development
140 S 3rd Street, Central Point, OR 97502 POINT Tom Humphrey,AICP
541.664.3321 Fax 541.664.6384 1�V Community Development Director
`N`Nw.centralpointoregon gov
- ; ,.
STAFF REPORT
November 7, 2017
AGENDA ITEM: File No. CA-17002
Consideration of amendments to Section 17.05.300(C)—Notice of Application for Type II Decision and
Section 17.05.400(C)Notification Requirements for Type III Decision in the Central Point Municipal
Code. Applicant: City of Central Point
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The recent consideration and approval of a Site Plan for an apartment complex in Twin Creeks led to
a Joint City Council/Planning Commission Study Session during which a change to public noticing
requirements was discussed.The consensus of the elected and appointed officials was to expand the
notification radius around land use project sites.
DISCUSSION:
Central Point has been following the state requirements for mailing public notices as they apply to
land use development and we have been using a 100 foot radius around a project site. Local citizens
argue that this is an inadequate distance for them to be made aware of land use changes.The City
Council agreed and directed staff to investigate the practices of other local jurisdictions. It was
subsequently decided to expand the mailing radius to 250 feet around a project site and also to post a
sign with the notice on the site.
ISSUES:
There are no issues relative to this proposal and it is consistent with Statewide Planning Goal#1
which advocates the development of a citizen involvement program that ensure the opportunity for
citizens to be involved in all phases of the planning process. The City has not received any
correspondence(either support or objection) from the Department of Land Conservation and
Development(DLCD)to whom a notice of this code amendment was sent.
CONDITIONS OF APPROVAL:
There are not recommended conditions for approval other than the amendment of the municipal code.
ATTACHMENTS:
Attachment"A"—Ordinance No. An Ordinance Amending CPMC Chapter 17.05.300(C)and
17.05.400(C),to Increase the Public Notification Requirements for Type II and Type III Land Use
Applications
Attachment`B"—Correspondence submitted by Katy Mallams, dated, October 30,2017
Attachment"C"—Resolution No. 848
ACTION:
Open public hearing and consider the proposed amendment to the Zoning Code, 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. 848. Per the Staff Report dated November 7, 2017.
ATTACHMENT " A "
ORDINANCE NO.
AN ORDINANCE AMENDING CPMC CHAPTER 17.05.300 (C)AND 17.05.400 (C), TO
INCREASE THE PUBLIC NOTIFICATION REQUIREMENTS FOR TYPE II AND TYPE III
LAND USE APPLICATIONS
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. At a joint study session on August 14, 2017,the Central Point City Council
and the City Planning Commission discussed ways to improve citizen
involvement in the planning process.As a consequence,the Community
Development Department initiated an ordinance amending Chapter 17.05.
C. On November 7, 2017,the City Planning Commission held a properly
advertised public hearing; reviewed the Staff Report; heard testimony and
comments,and recommended approval of the Municipal Code Amendment
to the City Council.
D. On November 9, 2017,the City of Central Point City Council held a properly
advertised public hearing; reviewed the Staff Report; heard testimony and
comments, and deliberated on approval of the Municipal Code Amendment.
E. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Section 17.05.300(C) Notice of Application for Type II Decision expanding
the landowner notification requirement from 100-ft to 250-ft from the exterior boundaries of the project
site; and, increasing the agency notification requirement for roadway or railway impacts consistent with
landowner notification.
17.05.300 Type II procedure.
C. Notice of Application for Type II Decision.
1. No less than twenty days before the community development director makes a decision, written
notice of the application shall be mailed to all of the following:
City Council Ordinance No. (11/9/2017)
a. Applicant;
b. Owners of record of the subject property;
c. Owners of record within a minimum of sne-two hundred fifty 250 feet of the exterior
boundaries of the site;
d. All city-recognized neighborhood groups or associations whose boundaries include the site;
e.Any person who submits a written request to receive a notice; and
f. 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 or ODOT, and the rail authority, when there is a proposed development abutting or
within eRe finro hundred fifty 250 feet of an affected transportation facility and allow the
agency to review, comment on, and suggest conditions of approval for the application.
2. The notice of application shall include:
a. The street address or other easily understood reference to the site;
b. The relevant approval criteria by name and number of code sections;
c. The place, date and time the comments are due, and the person to whom the comments
should be addressed;
d. A description of the proposal and identification of the specific permits or approvals
requested;
e. A statement of the issues that may provide the basis for an appeal to the Land Use Board
of Appeals must be raised in writing and with sufficient specificity to enable the decision
maker to respond to the issue;
f.The name and phone number of a city contact person;
g. A brief summary of the local decision making process for the decision being made;
h. A statement that all evidence relied upon by the community development director or
designee to make this decision is in the public record, available for public review. Copies of
this evidence may be obtained at a reasonable cost from the city;
City Council Ordinance No. (11/9/2017)
i. A statement that, after the comment period closes, the community development director or
designee shall issue a Type II administrative decision, and that the decision shall be mailed to
the applicant and to anyone else who submitted written comments or who is otherwise legally
entitled to notice; and
j. Contain the following notice:
Notice to mortgagee, lien holder, vendor, or seller:The City of Central Point Land Development Code
requires that if you receive this notice it shall be promptly forwarded to the purchaser.
3. The notice shall allow a fourteen-day period for the submission of written comments, starting
from the date of mailing. All comments must be received by the city by five p.m. on that fourteenth
day.
D. Administrative Decision Requirements. The community development director or designee shall make a
Type II written decision addressing all of the relevant approval criteria and standards. Based upon the
criteria and standards, and the facts contained within the record, the community development director or
designee shall approve, approve with conditions, or deny the requested permit or action.
E. Notice of Decision.
1. Within five days after the community development director or designee signs the decision, a
notice of decision shall be sent by mail to:
a. The applicant and all owners or contract purchasers of record of the site that is the subject
of the application;
b. Any person who submitted a written request to receive notice, or provides comments during
the application review period;
c. Any city-recognized neighborhood group or association whose boundaries include the site;
d. Any governmental agency that is entitled to notice under an intergovernmental agreement
entered into with the city, and other agencies that were notified or provided comments during
the application review period; and
e. Property owners located within one hundred feet of the exterior boundaries of the subject
property.
2. The community development director or designee shall cause an affidavit of mailing the notice to
be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and
City Council Ordinance No. (11/9/2017)
shall demonstrate that the notice was mailed to the parties above and was mailed within the time
required by law.
3. The Type If notice of decision shall contain:
a. A description of the applicant's proposal and the city's decision on the proposal (i.e., may
be a summary);
b. The address or other geographic description of the property proposed for development,
including a map of the property in relation to the surrounding area, where applicable;
c. A statement of where a copy of the city's decision, and the complete planning file may be
reviewed and the name and contact number of the city staff to contact about reviewing the file;
d. The date the decision shall become final, unless appealed;
e. A statement that only the applicant and persons who submitted comments prior to the
comment deadline may appeal the decision; and
f. A statement briefly explaining how to file an appeal, the deadline for filing an appeal, and
where to obtain further information concerning the appeal process.
SECTION 2.Amendments to CPMC 17.05.400(C) Notification Requirements increasing landowner and
agency notification requirements from 100-ft to 250-ft, and adding the requirement to post on-site notice
of public hearing for Type III land use actions.
17.05.400 Type III procedure.
C. Notification Requirements.
1. 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
one two hundred fift 250 feet of the site, including tenants of a mobile home or
manufactured dwelling park;
City Council Ordinance No. (11/9/2017)
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 fGhenthere is a
Proposed development abutting or within two hundred fifty(250)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.
6, The Q-t-a-mmunity develop iiFaotlaF OF desi@A shall PF@PaFe an affidavit of no
th@ be made a pa thia MR Th
-- the-POFSOAS who W@F8 9-8-At i9oties
fib. Content of Notice. Notice of a Type III hearing shall be mailed per this subsection C and
shall contain the following information:
ai. An explanation of the nature of the application and the proposed land use or uses
that could be authorized for the property;
Ibii. The applicable criteria and standards from the zoning and subdivision code and
comprehensive plan that apply to the application;
siii. The street address or other easily understood geographical reference to the subject
property;
div. The date, time, and location of the public hearing;
e_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;
City Council Ordinance No. (11/9/2017)
fv_i. The name of a city representative to contact and the telephone number and email
address where additional information on the application may be obtained;
Igvii. 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;
I #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 a reasonable cost;
Iix. A general explanation of the requirements to submit testimony, and the procedure for
conducting public hearings; and
ix. The following notice:
Notice to mortgagee, lien holder,vendor,or seller:The City of Central Point Land
Development Code requires that if you receive this notice it shall be promptly forwarded to
the purchaser.
b.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
2. On-Site Posting. Public notice signs shall be posted on the proiect 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 proiect site If a frontage is over 600 ft long a notice is required
for each 600-feet or fraction thereof. Notice signs must be posted within 10 feet of a
Property line along the street and must be visible to pedestrians and 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.
City Council Ordinance No. (11/9/2017)
c. Sign posting schedule The required sjj n(s)shall be posted not later than 21 days
prior to the first public hearinq date of each body that hears the application Posted
signs shall be removed within 10-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
PASSED by the Council and signed by me in authentication of its passage this_day of
November 2017.
ATTEST: Mayor Hank Williams
City Recorder
City Council Ordinance No. (11/9/2017)
A►TTAGH MFNT ,w_ L
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3ubod:area of public notification
Date:October 30, 2017
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2855 HaftW Road,Central Point 97502
ATTACHMENT " "
PLANNING COMMISSION RESOLUTION NO. 848
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION FOR
PROPOSED AMENDMENTS TO CENTRAL POINT MUNICIPAL CODE CHAPTER
17.05 TO INCREASE THE PUBLIC NOTIFICATION REQUIREMENTS FOR TYPE II
AND TYPE III LAND USE APPLICATIONS
WHEREAS, on November 7, 2017 the Planning Commission at a duly noticed public hearing,
considered major amendments to Chapter 17.05 of the Central Point Municipal Code ("CPMC)
as follows:
1. Section 17.05.300(C)(1)(c);
2. Section 17.05.300(C)(1)(f);
3. Section 17.05.400(C)(1);
4. Section 17.05.400(C)(2); and,
WHEREAS, public notification requirements and possible amendments were discussed at a joint
Study Session with the City Council and Planning Commission on August 14, 2017 to improve
citizen involvement in the planning process;
WHEREAS, the Planning Commission finds that the proposed amendments are consistent with
the approval criteria for major zoning code text amendments per CPMC 17.10.400, including the
Statewide Planning Goals, the Central Point Comprehensive Plan, and the Transportation
Planning Rule as demonstrated in the Planning Department Findings of Fact and Conclusions of
Law(Exhibit A);
NOW THEREFORE BE IT RESOVED, that the City of Central Point Planning Commission,
by this Resolution No. 848 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 (Exhibit
"A") and the Draft Amendments CPMC 17.05.300(C) and 17.05.400(C) (Exhibit `B") attached
hereto by referenced and incorporated herein.
PASSED by the Planning Commission and singed by me in authentication of its passage this 7th
day of November 2017.
Planning Commission Chair
ATTEST:
City Representative
Planning Commission Resolution No. (11/7/2017)