HomeMy WebLinkAbout111424 Agenda PacketCITY COUNCIL MEETING
AGENDA
November 14, 2024
6:00 PM
Central Point City Hall, Council Chambers
140 S 3rd St, Central Point, OR
www.centralpointoregon.gov
10. Meeting Called to Order
20. Pledge of Allegiance
30. Roll Call
40. Presentation
A. June 30, 2022, Audit Report Presentation
50. Public Comments
The City Council sets aside 20 minutes for in-person public comments on non-
agenda items. Comments are limited to three (3) minutes per individual, five (5)
minutes per group or organization. Please complete a public comment form before
speaking.
The City Council encourages written comments. Please submit your comments by
regular mail to City Council, 140 S Third St, or by email to
meetings@centralpointoregon.gov. Comments must be received by noon on the
date of the meeting to be noted in the record. Please include the date of the Council
meeting with your comments.
60. Consent Agenda
A. Approval of October 24, 2024, Meeting Minutes
B. Quarterly Financial Statements
C. Art Commission Chair Appointment
Nikki Petersen, Recreation Manager
70. Items Removed from the Consent Agenda
80. Public Hearing
Public comments will be allowed on items under this part of the agenda following a
brief staff report presenting the item and action requested. The presiding officer may
limit testimony.
Page 1 of 145
For land use matters and other quasi-judicial appeals: Comments are limited to a
total of 30 minutes for applicants and/or their representatives. They may request a
5-minute rebuttal time. Appellants and/or their representatives are limited to a total
of 30 minutes and if the applicant is not the appellant they will also be allowed a total
of 30 minutes. All other participants are limited to 4 minutes.
For matters that are legislative or administrative and are not quasi-judicial:
Comments are limited to 4 minutes per individual, group or organization.
Please complete a public comment form before speaking.
A. Ordinance Vacating Public Utility Easements Mendolia Way
Sydnee Dreyer, City Attorney
B. Land Development Code Amendments
Stephanie Powers, Planning Director
90. Ordinances and Resolutions
A. Chapter 8.24 Flood Damage Prevention Text Amendments
B. Resolution Approving Agreement for Property Exchange with School District
Chris Clayton, City Manager
100. Business
A. Planning Commission Report
Stephanie Powers, Planning Director
110. Mayor’s Report
120. City Manager’s Report
130. Council Reports
140. Department Reports
150. Executive Session
The City Council will adjourn to executive session under the provisions of ORS
192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings
of an executive session are not for publication or broadcast.
160. Adjournment
Individuals needing special accommodations such as sign language, foreign
language interpreters or equipment for the hearing impaired must request such
services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1015 (voice), or by e-mail to
rachel.neuenschwander@centralpointoregon.gov. Si necesita traductor en espanol
o serviciis de discapacidades (ADA) para asistir a una junta publica de la caudad
poor favor llame con 72 hora de anticipation al 541-664-3321 ext. 201.
Page 2 of 145
CITY COUNCIL MEETING
MINUTES
October 24, 2024
6:00 PM
Central Point City Hall, Council Chambers
140 S 3rd St, Central Point, OR
www.centralpointoregon.gov
1 Meeting Called to Order
2 Pledge of Allegiance
3 Roll Call
The following members were present: Ward IV Taneea Browning, Mayor Hank
Williams, At Large Rob Hernandez, At Large Michael Parsons.
The following staff were also present: City Manager Chris Clayton, City Attorney
Garrett West, Police Chief Scott Logue, Parks and Public Works Director Matt
Samitore, Planning Director Stephanie Powers, Public Works Operations Manager
Mike McClenethan, and City Recorder Rachel Neuenschwander.
4 Public Comments
5 Consent Agenda
A.Approval of October 10, 2024, Meeting Minutes
Motion: Approve
Moved By: Taneea Browning Seconded by: Michael Parsons
Roll Call: Members Taneea Browning, Hank Williams, Rob Hernandez,
Michael Parsons, Neil Olsen voted yes. None voted no.
6 Items Removed from the Consent Agenda
7 Ordinances and Resolutions
Page 3 of 145
Central Point City Council
October 24, 2024 Meeting
Page 2 of 5
A.Resolution of Intent to Initiate Land Development Code Amendments
Planning Director Stephanie Powers presented to the council a Resolution of
Intent to Initiate Land Development Code Amendments. The proposed
changes affect Central Point Municipal Code Title 1 (General Provisions), Title
16 (Subdivisions), and Title 17 (Zoning).
Motion: Approve
Moved By: Taneea Browning Seconded by: Rob Hernandez
Roll Call: Members Taneea Browning, Hank Williams, Rob Hernandez,
Michael Parsons, Neil Olsen voted yes. None voted no.
Taneea Browning moved to approve Resolution No. 1804, a Resolution
declaring the City Council's intent to initiate an amendment to various
chapters in the Central Point Municipal Code Title 1, Title 16 and Title 17
addressing annexations, land divisions, general provisions and various
land use standards and procedures.
B.Resolution Accepting the Lowest Qualified Bid from Greenway Spray
LLC
Parks and Public Works Director Matt Samitore presented to the council the
lowest qualified bid from Greenway Spray LLC. The total amount of
$265,225.00 for a period of three (3) years.
Motion: Approve
Moved By: Michael Parsons Seconded by: Rob Hernandez
Roll Call: Members Taneea Browning, Hank Williams, Rob Hernandez,
Michael Parsons voted yes. None voted no.
Michael Parsons moved to approve Resolution No. 1805 a Resolution
Accepting the Lowest Qualified Bid from Greenway Spray LLC for the
Herbicide Spraying contract and Authorizing the City Manager to Execute
a Contract.
8 Business
A.Council Member Ward III Appointment
City Manager Chris Clayton presented to the council the appointment of Grey
Zimmerman to fill the vacancy in Ward III that had been vacated by Melody
Thueson.
Mayor Hank Williams made the recommendation to council to appoint Grey
Page 4 of 145
Central Point City Council
October 24, 2024 Meeting
Page 3 of 5
Zimmerman to fill the Ward III vacancy.
Motion: Approve
Moved By: Michael Parsons Seconded by: Taneea Browning
Roll Call: Members Taneea Browning, Hank Williams, Rob Hernandez,
Michael Parsons, Neil Olsen voted yes. None voted no.
Mike Parsons moved to approve the appointment of Grey Zimmerman to
fill the Ward III vacancy.
B.Don Jones Park Potential Property Sale
Parks and Public Works Director Matt Samitore presented to the council the
potential property sale of .07 acres at Don Jones Park to develop a small
housing complex on vacant land adjacent to the park. Staff would request that
if the property was surplus, the money should go to install additional gazebos
in the park.
The council questioned the access to Wind Song Lane from the new
development. Staff responded that it would likely be a right-in-right-out off of
the Wind Song Lane extension, and Singing Grass Dr would be where a left-
hand turn could be made. The council would like the city to move forward with
selling the property, as it does not benefit the city and could use an additional
gazebo.
C.Drones in Parks
The Parks and Public Works Director presented to the council a discussion on
drones in parks. As the city does not currently have a policy on this, staff is
seeking direction from the council on how they would like to proceed.
The council would like a policy with some leniency that allows the use of
drones. Staff will bring back a few draft options for the council to review.
9 Mayor’s Report
Mayor Williams reported that he attended the Medford Chamber Forum meeting.
10 City Manager’s Report
City Manager Chris Clayton reported that:
•There was a news article in the RV Times today regarding the use of Jet
Boats on the Rogue River.
•He and the Finance Director have been looking at revenues as it is property
tax time, property taxes are increasing by 4% this year. The hotel/motel tax
was falling short however in the last quarter it has picked up.
•This week the City Managers listserv an issue of City using UTV's on city
streets. These are prohibited by state law and has become a very popular
conversation.
Page 5 of 145
Central Point City Council
October 24, 2024 Meeting
Page 4 of 5
•On Monday, he, Matt and Sydnee met with the County regarding the joint
use agreement of the Community Center. Things are progressing well.
•He and Matt are working on their presentation for the Diesel Tax discussion
at the November Study Session.
•Shari's Restaurant closed this week. Central Point isn't the only location
closed. All 42 Shari's in the State of Oregon have been closed.
11 Council Reports
Council Member Mike Parsons reported that"
•He attended the Rogue Valley Sewer Service Board Meeting.
•He attended the council study session.
•He completed the training of all the new Police Department Volunteers in
Police Service (VIPS).
Council Member Rob Hernandez reported that:
•He attended the Jackson County Fire Dist. 3 meeting.
•He attended the Medford Chamber Forum.
•He attended the council study session
Council Member Taneea Browning reported that:
•She attended the council study session.
•She attended the LOC Board Meeting.
•She attended the Medford Chamber Forum
•She attended a student listening session at Phoenix High School with
Senator Wyden.
Council Member Neil Olsen reported that he attended the council study session.
12 Department Reports
Police Chief Scott Logue reported that he attended his granddaughter's first
birthday in Hawaii.
Planning Director Stephanie Powers reported that:
•Tomorrow there will be an online survey regarding Climate Friendly Areas
and regulations asking the citizens what they think.
•The Planning Commission will be meeting on Tuesday, November 5th on
Election Day.
•They will be having a special session with the Citizens Advisory Committee
on Tuesday, November 12th.
Page 6 of 145
Central Point City Council
October 24, 2024 Meeting
Page 5 of 5
Parks and Public Works Director Matt Samitore reported that the building for the
community center is being bid. There are two different bids, one due at the end of
this month and the other due on November 7th.
13 Executive Session
14 Adjournment
Neil Olsen moved to adjourn, all said aye and the meeting was adjourned at
7:05 PM.
The foregoing minutes of the October 24, 2024, Council meeting were approved by the
City Council at its meeting of _________________, 2024.
Dated:_________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
Page 7 of 145
Staff Report DEPARTMENT: Finance MEETING DATE: November 14, 2024
STAFF CONTACT: Steven Weber, Finance Director
SUBJECT: Quarterly Financial Statements
SUMMARY AND BACKGROUND:
Attached are the City's financial statements for the period ending September 30, 2024,
which represents 15 months of the biennium. The next 6 pages are the Revenue and
Expenditure statements for each of the respective funds, while the last page is the
Budget Compliance report which recaps expenses by department. In all funds,
revenues and expenditures are on track for the time period.
Although General Fund revenues are slightly below the expected budget (53.96% vs.
62.5%) we should see a significant uptick in tax revenue with hotel/motel tax receipts in
October as well as property tax receipts starting in November. Expenditures for the
General Fund are at 63.04%%, which is slightly above budget, but there is some
reimbursement that will be coming from urban renewal for the Pfaff Park improvements.
Although the Federal Grant Fund is over budget at September 30, 2024, there is a
contribution from the Parks Foundation for $300,000 towards the little league field
project in October, as well as additional future contributions if needed. A subsequent
supplemental budget will be presented to the City Council at a future meeting to
account for both the revenue and expenditures for this project.
The Street Fund revenues are at 103.21% of the budget while expenditures are at
51.93% of the total budget. The revenue total was aided by $1.865 million in funding
from ODOT for the Scenic/Upton/10th Street infrastructure project. The design work for
this project will happen late in the 2024-25 fiscal year while the construction costs will
be part of the 2025-27 biennial budget. The expenditure total is impacted by the timing
of infrastructure projects. In the coming months there should be an uptick in the
percentage as the budgeted projects begin. Otherwise, the fund is in a good position.
The Building Fund shows strong revenue totals so far in this biennium, while
expenditures are in line with expectations at this point in the budget period.
The Water Fund has shown significant improvement since the implementation of the
financial corrective action plan. Total revenues are at 67.15% of the budget due to the
rate increase implemented earlier in the year as well as increased water sales due to
high late summer temperatures. Water sales will continue to be monitored throughout
the rest of the fiscal year. Expenditures are at 50.21%, which is aided, in large part, to
the deferral of $950,000 in infrastructure projects that are part of the 2023-25 biennial
Page 8 of 145
budget. Personnel and Materials & Services costs are also trending below budget due
to the cost-saving measures contained in the improvement plan.
Stormwater and lnternal Services Funds revenues and expenditures are in line with this
point in the biennium. Subsequent budget adjustments will be presented to the City
Council for the Stormwater Fund when reimbursement funding from FEMA for the Elk
Creek Culvert Project is received as well as reimbursement funding from urban renewal
upon completion of the various alley improvement projects.
Overall, the City is in a good financial position with overall revenues at 63.62% of the
total budget and expenditures of 59.97% of the total budget.
FINANCIAL ANALYSIS:
N/A
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority – Responsible Governance
GOAL 1 - Maintain a strong financial position that balances the need for adequate
service levels and capital requirements against the affordability that is desired by our
citizens.
GOAL 2 - Invite Public Trust.
STRATEGY 1 – Be a trusted source of factual information.
ATTACHMENTS/EXHIBITS:
1. September 30, 2024 Financial Statements
STAFF RECOMMENDATION:
Approve quarterly financial statements as part of the consent agenda.
RECOMMENDED MOTION:
Page 9 of 145
City of Central Point
Council Financial Statements
For period ending September 30, 2oz4
% of biennial budget 62.',o%
zoz3lz5
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
General Fund
Revenues
Taxes
Licenses & Fees
lntergovernmental
Charges for Service
Fines and Forfeitures
lnterest Income
Miscellaneous
Transfers ln
Total Revenues
Expenditures by Department
Administration
City Enhancement
Technical Services
Mayor & Council
Finance
Parks
Recreation
Planning
Police
lnterdepartmental
Transfers Out
Contingency
Total Expenditures by Department
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
24r4)2r93o 1311831869 flrz4g,o61 8.96%
$18,431,o65
gr38,ooo
$'t,643,925
$i,153,o90
$'t22,ooo
$123,350
$621,5oo
$o
19,728,2o8
$86,904
$866,552
51,722,685
i74,222
$377,143
$328,156
$o
18,702,857
951,096
$777,373
$1,6jo,4o5
147,778
-i253,793
$293,344
$o
52.78%
62.97%
:)2.71%
51.38%
60.84%
3c5.75%
52.8o%
o.oo%
2,145,15O
457,OOO
1,524,4oo
t6S,87o
1r628r11o
2,783,525
1,297 '7751,292186c
12,428,935
463,ooo
66orooo
lSorooo
't,3o3,166
241,660
959,715
115,240
'tro1218o6
2,097,852
789,292
599,852
7,688,777
512,602
455,ooo
o
84t,984
215,340
564,68j
50,630
615,jo4
68|,,673
508,483
693,008
4,740,158
-49,602
2O5,OOO
18o,ooo
6fJ..75%
52.88%
62.96%
69.48%
62.21%
75.37%
60.82%
46.4o%
61.86%
11O.71%
o,oo%
o.oo%
2510261625 15,775'962
2,647,o9o
(2,592,o93)
6roo3,228
9,210,66l- 63.04%
3356,38
2,O53,395 3,411,134 1,357 '739
Page 10 of 145
City of Central Point
Council Financial Statements
For period endingSeptember 30, zo24
% of biennial budget 62.5o%
F ederal Stimulus Grant F und
Revenues
Intergovernmental Revenue
lnterfund Transfers
Total Revenues
Expenditures
Materials and Services
Capital Outlay
Transfers Out
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
958A)o 1rO5gr848 -ro1,4r8 11o.58i4
Biennium to Date
zoz3lz5 Revenues& Percentage
Biennial Budget Expenditures Difference Received/Used
$o o.oo%
o.oo%o
o o.oo%
$o
o
$o
o
oo
o
9't6'57o
o
86o
(gs8,+to)
1,g2O,g3O
6orooo
999,848
o
o
-g6o,ooo
-s83,278
$o
6o
o.oo%
io9.o9%
o.oo%
o.oo%
(r,o59,848)
1r2oo1624
$101,418
(7zo3o6)
962,5oo 140,775 -82i,725
Page 11 of 145
City of Central Point
Council Financial Statements
For period ending September 30, 2024
% ol biennial budget 62.5o7"
zo4lz5
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
StreetFund
Revenues
Franchise Tax
Charges for Services
I ntergovernmental Revenue
lnterest lncome
Miscellaneous
Transfers ln
Total Revenues
Expenditures
Operations
SDC
Transfers
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Capital I mprov ement F und
Revenues
Charges for Services
lnterest lncome
Total Revenues
Expenditures
Parks Projects
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
5,584,45o 5'763,580 -179r13o 103.21%
$3o9,ooo
$1,866,1oo
93,o85,35o
$5o,ooo
$24,ooo
$z5o,ooo
*11o,625
$1,473,294
$3,793,793
$122,611
*13,2s7
$25o,ooo
s198B7s
392,8o6
-708,443
-72,611
10,743
o
35.8o%
78.95%
122.96%
245.22%
55.24%
o.oo%
4,792,115
5OO,OOO
718,OOo
4OO,OOO
3,r8o,8r8
38,856
1O9,OOO
o
1,611,297
461,144
6o9,ooo
4OO,OOO
66.38%
7.77%
t5.t8%
o.oo%
6r41or11j
1,451,0O5
2'434'9o7
116611289 21O,284
],.328,673 j,o81,442 jr.93z
625,340 4,096,196 3,47o,856
$13o,ooo
$2o,ooo
$168,402
556,675
38,4o2
-36,675
129.54%
z8:.3l%
t5o,ooo
6orooo
225rO77
76,o43
-75,077 15o.o57"
-16,043 126.74%
6o,ooo
284,285
76.o43 -16,o4j 126.2+%
149,o33
99%451 715,166
374,285 t,t48,484 774,199
Page 12 of 145
City of Central Point
Council Financial Statements
For period endingSeptember 3'o, zo24
%ofbienniatbudget 62.50%
zoz3lz5
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
Reserve Fund
Revenues
I nterest
Transfers ln
Total Revenues
$19,ooo
$25o,ooo
12o,741
$125,oo0
-s1,741
125,OOO
109.16%
So.oo%
Expenditures
Facility lmprovements
Total Expenditures
269,ooo
2OOTOOO
t45141
1o9,641
r25rooo 54.18%
90,359 54.82%
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
2OOTOOO 1o9,641
36,1oo
42O,53O7o8385
go,35g 54,82i4
(z8l,8sS)
777 385 4j6,631 (lzo,lS+)
DebtService Fund
Revenues
Charges for Service
Interest lncome
Transfers ln
Total Revenues
Expenditures
Debt Service
Total Expenditures
BuildingFund
Revenues
Charges for Service
Interest lncome
Miscellaneous
Total Revenues
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
$7o4,58s
542s
g878,ooo
53o9,874
$940
$439,0oo
5394,711
-515
439,OOo
8.98%
221.25%
50.oo%
1,583,01O 749,815 8jl,,tgs 47.37%
1,SB,S8S 696,119 817,466 4j.99%r,51J,585 696,119 817,466 45.99%
57,21o
53,696
24P)9 -33,171
126,635 77,734 (48,9ot)
$66o,ooo
$J9,ooo
$o
699,ooo
799,585
136,760
5,ooo
9465,866
$81,115
i1,720
548,701
504,125
77,796
o
5194,134
-42,115
70.59%
2o7.99%
o.oo%
1'o,2g9 Z8.So%
-1
Expenditures
Personal Services
Materials and Services
Contingency
Total Expenditures
295,46o
58,964
5,ooo
63.o5%
56.89%
o.oo%
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
94t,345
869,oto
5,81rg21
-33,22o
trSoor8go
)59,424 61.827"
63r,88o
626,665 1,467,67o 841,oo5
Page 13 of 145
City of Central Point
Council Financial Statements
For period ending September 3'o, 2oz4
% of biennial budget 62.507"
zoz3lz5
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
Water Fund
Revenues
Charges for Services
Interest lncome
Miscellaneous
Corporation Yard Financing
Total Revenues
Expenditures
Operations
5DC lmprovements
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Stormwdter Fund
Revenues
Charges for Services
lnterest Income
Miscellaneous
Total Revenues
Expenditures
Operations
SDC
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
$9r'l2o,ooo
g3,ooo
$o
$o
56,o54,i9i
$2j,863
147,473
$o
s3,o6s,4o5
-2O,863
-47,473
o
66.39%
795.44%
o.oo%
o.oo%
gr123,OOO
9,273,275
25O,OOO
lOO,OOO
4,828,53'l
3,o81
0
4,444,744
246,919
lOO,OOO
52.o7%
1.23%
o,oo%
6r125rg3o 2,992,o7o 67.1j%
9162].,275
83o,37i
4rBjt,612 4,29t,66) 50.21z,
1,294,319
(g55,zzz)-1,785,597
3JO,1OO 339,o97 8,997
$2,060,o7o
$27,ooo
$o
$t,226,t55
93o,896
$655
$833,915
-3,896
-655
59.52%
114.43%
o.oo%
2rO87rO7O
2Bj6,7So
1O5,OOO
1,257r7o7
1,516,673
i31,184
84o,o77
-26,184
64Js%
124.94%
829 6j 60.26%
2,4611750 1,647,857
(390,t5o)
577,79521117,825
811,893 66.94%
-1,540,O3O
1,743,145 't87,645 -1,j'S,joo
Page 14 of 145
City of Central Point
Council Financial Statements
For period ending September 1'o, 2024
% of biennial budget 62.507"
zoz3lz5
Biennial Budget
Biennium to Date
Revenues &
Exoenditures Difference
Percentage
Received/Used
lnternal Services Fund
Revenues
Charges for Services
Interest lncome
Miscellaneous
Total Revenues
Expenditures
Facilities Maintenance
PW Administration
PW Fleet Maintenance
Total Expenditures
$3,o88,4o0
$500
$o
$t,87o,323
$989
$41,088
11,218,o77
(+ag)
(4r,o88)
60.56%
197.79%
o.oo%
3,o88r9oo
531,OOO
1,493,945
t,o6o,395
1rg12r4O1
383,924
905,226
462,j14
147,o76
588,7t9
597,88t
72.3o%
60.j9%
43.62%
1,176,499 6t.917(
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
3,085..34o
16o,737
188,9oo (lro6+)
117511664
-195,964
192,46o 153,673 -38,787
Page 15 of 145
. CW ofCentralPoint
B ud get Compli an ce Rep ort
For period ending September 3o, zoz4
Z of biennial budget 62.Soz
Fund
Department/
Classification
zozTlz5
Biennial
Biennium to Date
Expenditures Difference
Percent
Used
General Administration
City Enhancement
Technical Services
Mayor and Council
Finance
Park
Recreation
Planning
Police
I nterdepartmental
Transfers
Contingency
Fed. Stimulus Materials and Services
Grant Fund Capital Outlay
Transfers
Contingency
Total Expenditures
Street Operations
SDC lmprovements
Contingency
Totat Expenditures
TotalExpenditures 24996,62:- 15,715,962 6],11id
12,14j,150
457,ooo
1,524,4oo
'165,87o
1,628,11o
2,783,525
1,297,775
11292,860
12,428,9js
463,ooo
66o,ooo
15O,OOO
$1,3oj,i66
241,66o
959,715
115,240
1,o12,806
2,097,852
789,292
599,852
7,688,777
512,602
455,OOO
60.75'6
52.88i6
62.96%
69.48'6
62.2121
75.37%
60.82%
46.4o%
61.86%
11O,71%
o,oo%
o.oo%
$841,984
215,34O
564,685
5o,63o
615,3o4
685,67)
5o8,48J
69j,oo8
4'740,158
(49,6o2)
2O5,OOO
15O,OOO
9,22O1663
916,57o
6orooo
999'848
o
o
o.oo%
1o9.o9%
o.oo%
o.oo%
(6o,ooo)
(83,278)
o
o
o
o
o
916,57o 1,059,848 115,6]%(r+r,zza)
5,51o,1't5
5OO,OOO
40O,OOO
3'519,818
18,856
o
64.24'{
7.77%
o.oo%
1,97o,297
461,144
4OO,OOO
6,4ro,fl5 55.83i[2,8\1,4+z
Capital
Proiects
Debt Service
Reserve Fund
Building
lnternal
Services
Park Proiects
Park Projects - SDC
Transfers
Totol Expenditures
Facilities Maintenance
PW Administration
PW FIeet Maintenance
Transfers
6o,ooo
o
76,o43
o
o.oo%
126.74%
o.oo%
o
06,o+l)
o
o
o
6o,ooo 76,041 126.747"(r5,o43)
Totat Expenditures 1,513,585 696,119 45.992 817,466
Total Expenditures
Personnel Services
Materials and Services
Contingency
Totat Expenditures
Water Operations
SDC lmprovements
Transfers
Contingency
Stormwater Operations
SDC lmprovements
Contingency
Total Expenditures
loo,ooo 54.822 90'359
799,585
136,760
5,OOO
504,125
77,796
o
63.o5%
j6.89%
o.oo%
295,460
58,964
5,ooo
941,345 58i,921 61.827"t59,424
9,273,275
25o,OOO
o
lOO,OOO
4,828,53i 52.07%
3,081 1.2)it
o o.ooz
o.oo%
4,444,744
246,919
o
IOOrOOO
Total Expenditures 916231275 4,831,612 So.z1% 4,791,66)
2,356'750
lO5rOOO
o
1,516,67j 64.)j%
'81,184 't24.94%
o o.oo%
840,o77
(26,184)
o
2,461rljo 1,647,857 66.94%813,891
5ll,ooo
1,493,945
1,060,395
o
383,924
905,226
462,5't4
o
72.3o1(
60.59%
43.62%
o.oo%
147,076
588,719
597,881
o
TotalExpenditures ),o8SB+o 1r7j1,664 56.772 1')i),676
Total Citv Ooerations $10,109,141 \9.97% 520,099,254
Page 16 of 145
Staff Report DEPARTMENT: Parks and
Recreation
MEETING DATE: November 14, 2024
STAFF CONTACT: Nikki Petersen, Recreation Manager
SUBJECT: Art Commission Chair Appointment
SUMMARY AND BACKGROUND:
The Arts Commission has agreed to appoint Stephanie Henrickson as commission
chair and Lindsey Rice as vice chair through December 2025.
ATTACHMENTS/EXHIBITS:
None
Page 17 of 145
Staff Report DEPARTMENT: Administration MEETING DATE: November 14, 2024
STAFF CONTACT: Sydnee Dreyer, City Attorney
SUBJECT: Ordinance Vacating Public Utility Easements Mendolia Way
SUMMARY AND BACKGROUND:
Suncrest Homes, LLC granted a 5-foot wide utility easement for a waterline extension
from Donna Way to the City of Central Point across Lot 11 of Mitchell’s Landing
Subdivision, recorded in the Official Records of Jackson County on April 29, 1998 as
Document No. 98-18626. In addition, a public utility easement for a storm water line
was dedicated to the City with the platting of Mitchell’s Landing Subdivision, located
between platted Lots 10 and 11, recorded on April 1, 1998, in Volume 24 at Page 14, of
the Plat Records of Jackson County, Oregon as well as across a neighboring City
parcel commonly referred to as 372W10BB Tax Lot 800.
The City staff has determined that the foregoing easements on Lots 10 and 11 of
Mitchell’s Landing Subdivision as well as the neighboring City parcel are not necessary
as the waterline was abandoned in the early 2000’s, and the storm water line was
capped in 2024 following staff’s determination that no storm water was using the
facility.
Oregon Revised Statutes (ORS) Chapter 271.130 provides for the vacation of public
easements pursuant to the City's own motion. The City initiated vacation of the 10-foot
wide PUE located between Lots 10 and 11 and on Tax Lot 800, and the 5-foot wide
utility easement on Lot 11 pursuant to Resolution No. 1799, which was adopted on
September 26, 2024.
The hearing was duly noticed in the Daily Courier, by publishing notice once each week
for two consecutive weeks on October 31, 2024 and November 7, 2024. Additionally,
the subject easement areas were posted on October 25, 2024.
To approve the vacations, the City must find that the hearing was duly noticed, that no
objections to the vacation have been filed with the city and that the easement vacations
are in the public interest. Per staff's finding that there is no longer any need for the
foregoing easements, staff recommends that it is in the public interest to vacate the
foregoing easements.
FINANCIAL ANALYSIS:
Page 18 of 145
LEGAL ANALYSIS:
The City has complied with the initiation and notice requirements of ORS Chapter 271
and may approve the vacations upon a finding that no objections have been filed and
the vacations are in the public interest.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
ATTACHMENTS/EXHIBITS:
1. Quit Claim Deed Lot 800 with Exh
2. Quit Claim Deed Lot 10 with Exh
3. Quit Claim Deed Lot 11 with Exh
4. Ordinance Vacating Easements - Mendolia Way
STAFF RECOMMENDATION:
Open a public hearing and at the close of the public hearing make a motion to forward
the Ordinance to a second reading.
RECOMMENDED MOTION:
I move to forward the Ordinance vacating two public utility easements over portions of
Lots 10 and 11of Mitchell's Landing Subdivision and that city parcel commonly referred
to as Map No. 372W10BB Tax Lot 800 per ORS 271.130.
Page 19 of 145
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Page 31 of 145
1 | Ordinance No. _____; _____________, 2024
ORDINANCE NO. _____
AN ORDINANCE VACATING TWO PUBLIC UTILITY EASEMENTS OVER PORTIONS OF LOTS 10
AND 11 OF MITCHELL’S LANDING SUBDIVISION AND THAT CITY PARCEL COMMONLY
REFERRED TO AS MAP NO. 372W10BB TAX LOT 800 PER ORS 271.130
RECITALS:
A. WHEREAS, Suncrest Homes, LLC granted a 5-foot wide utility easement for a waterline
extension from Donna Way to the City of Central Point across Lot 11 of Mitchell’s Landing
Subdivision, recorded in the Official Records of Jackson County on April 29, 1998 as
Document No. 98-18626.
B. WHEREAS, a public utility easement for a storm water line was dedicated to the City with
the platting of Mitchell’s Landing Subdivision, located between platted Lots 10 and 11,
recorded on April 1, 1998, in Volume 24 at Page 14, of the Plat Records of Jackson County,
Oregon as well as across a neighboring City parcel commonly referred to as 372W10BB
Tax Lot 800.
C. WHEREAS, the City has determined that the foregoing easements on Lots 10 and 11 of
Mitchell’s Landing Subdivision as well as the neighboring City parcel are not necessary as
the waterline was abandoned in the early 2000’s, and the storm water line was capped in
2024 following staff’s determination that no storm water was using the facility.
D. WHEREAS, Oregon Revised Statutes (ORS) Chapter 271 provides for the vacation of public
easements.
E. WHEREAS, the City Council of the City of Central Point desires to follow the provisions of
ORS Chapter 271 to initiate vacation of the 10-foot wide PUE located between Lots 10
and 11 and the 5-foot wide utility easement on Lot 11.
F. WHEREAS, pursuant to ORS 271.130, on September 26, 2024, the City Council initiated
the vacation of the foregoing public utility easement for a storm water line, and 5-foot
wide utility easement for a waterline over the portions of Lots 10 and 11 of Mitchell’s
Landing and the neighboring city parcel, on its own motion, per Resolution No. 1799 and
set the proposed vacation for public hearing.
G. WHEREAS, on November 14, 2024, the City Council conducted a duly advertised public
hearing in which the Council considered all evidence in favor or opposed to the
proposed vacation.
H. WHEREAS, the City Recording Officer has filed in the Official City Record a certificate
verifying that all liens and taxes have been paid on the lands to be vacated.
Page 32 of 145
2 | Ordinance No. _____; _____________, 2024
Now, therefore:
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON DO ORDAIN AS FOLLOWS:
SECTION 1. In accordance with ORS 271.130 the City Council makes the following findings:
A. That the 5-foot wide utility easement for a waterline extension from Donna Way to
the City of Central Point across Lot 11 of Mitchell’s Landing Subdivision, recorded in
the Official Records of Jackson County on April 29, 1998 as Document No. 98-18626 is
no longer needed for public purposes as the waterline was abandoned in the early
2000’s.
B. That the public utility easement for a storm water line which was dedicated to the
City with the platting of Mitchell’s Landing Subdivision, located between platted Lots
10 and 11, recorded on April 1, 1998, in Volume 24 at Page 14, of the Plat Records of
Jackson County, Oregon as well as across a neighboring City parcel commonly referred
to as 372W10BB Tax Lot 800 is no longer needed for public purposes as the storm
water line was capped in 2024 and staff has determined that no storm water is using
the facility .
C. The Council reviewed the staff’s agenda report with findings; conducted a public
hearing on the proposed vacation on November 14, 2024 and found the vacation of
the foregoing public utility easements to be in the public interest.
D. The City provided notice of the proposed vacation by publication in the Daily
Courier, a newspaper of general circulation in Jackson County, Oregon. Notice was
published once per week for two consecutive weeks with the first publication on
October 31, 2024 and the second publication on November 7, 2024.
E. Said notice provided, among other things, that a public hearing before the City
Council concerning the proposed vacation would be held on November 14, 2024 in
the City Council Chambers in Central Point, Oregon, which was the time and place
when objections to such proposed vacation would be considered and heard.
F. The City Council convened at the time and place specified in the public notices and
no objections were made to the proposed utility easement vacations.
G. On October 25, 2024, the City posted at or near each end of the portions of the
easements proposed to be vacated, a copy of the notice provided for in ORS 271.
H. The Council determined that the proposed vacations would not substantially affect
the market value of the property upon which the public utility easements are to be
vacated.
I. Vacation of the public utility easements is in the public interest.
J. The City recording officer has filed a certificate verifying that all liens and taxes have
been paid on the easement land to be vacated.
SECTION 2. The Easements described in Exhibit “A” attached hereto and by the reference
incorporated herein are hereby vacated pursuant to ORS 271.130.
Page 33 of 145
3 | Ordinance No. _____; _____________, 2024
SECTION 3. The City Manager is directed to record certified true copies of this ordinance in the
office of the County Clerk of Jackson County, Oregon, and with the County Assessor and County
Surveyor of Jackson County, Oregon.
SECTION 4. For purposes of this vacation, this Ordinance shall be effective upon completion of
the conditions provided herein.
PASSED by the Council and signed by me in authentication of its passage this ____ day of
December 2024.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
Page 34 of 145
Staff Report DEPARTMENT: Planning MEETING DATE: November 14, 2024
STAFF CONTACT: Stephanie Powers, Planning Director
SUBJECT: Land Development Code Amendments
SUMMARY AND BACKGROUND:
On October 24, 2024, the City Council approved Resolution No. 1804, a resolution of
intent authorizing an application to amend various sections of the land development
code in Title 1 (General Provisions), Title 16 (Subdivisions) and Title 17 (Zoning)
(Attachment 1). The Planning Commission considered the proposed amendments and
forwarded a favorable recommendation to the City Council to approve them without
changes. The proposed code amendments are part of a larger project to audit and
update the land development code to accomplish multiple objectives, including but not
limited to:
• Facilitating the community's preferred vision for its future as articulated in the
2040 Strategic Plan;
• Implementing the City of Central Point Comprehensive Plan;
• Expanding opportunities for housing in the City;
• Codifying state rules and legislation;
• Providing a user-friendly format and language.
The first round of code amendments are largely foundational and address several
housekeeping corrections and updates, as well as revisions to land use application
standards, submittal requirements and approval criteria (annexations, adjustments and
variances, conditional use permits, home occupation permits), as well as some land
use standards (fences, nonconforming situations). At the November 14, 2024 meeting,
staff will review the proposed amendments set forth in Attachment 1 relative to the
approval criteria for legislative text amendments.
FINANCIAL ANALYSIS:
There are no costs associated with the proposed text amendments aside from in-kind
contributions from staff.
LEGAL ANALYSIS:
Amendments to land use and development regulations that have widespread impact
throughout the city are considered Major Amendments pursuant to CPMC 17.10.300(A)
and are subject to legislative (Type IV) procedures in CPMC 17.05.500, which require
two (2) public hearings and a decision by the City Council. In rendering its decision City
Page 35 of 145
Council may approve or deny the amendments based on written findings and
conclusions that find the proposed changes meet the following criteria:
• Are consistent with applicable statewide planning goals;
• Are consistent with the Central Point Comprehensive Plan; and
• Comply with OAR 660-012-0060 of the State Transportation Planning Rule.
The proposed land development code amendments apply requirements from state
statutes and existing policies in the Comprehensive Plan as demonstrated in the
Findings of Fact and Conclusions of Law provided in Attachment 2.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The Central Point 2040 Strategic Plan articulates the community's preferred vision for
its future and establishes four strategic priorities with accompanying goals and
strategies. The proposed land development code amendments align with the Strategic
Priority concerning Community Investment, Goal 4: "Manage growth to provide places
that are timeless and loved by the community."
Strategy 2 - Continually monitor and update the community's land use to reflect the
community's preferences for how new growth areas will look, feel and function. (As
the City grows in response to market demand, this supports the creation of urban
form and architectural character informed by the community's vision for its future.)
Comment: The proposed land development code amendments are part of a larger
project that responds to this strategy directly by evaluating the current code and
proposing revisions to support the community's vision. This is highlighted in
proposed revisions to home occupation permit standards and criteria to assure that
business activities conducted in residential zones maintain the livability and
character of the city's residential neighborhoods. This reflects the community's vision
to maintain its small-town feel.
Strategy 3 - Provide a professional land development review process that is
efficient, collaborative and solution-oriented.
Comment: A key facet to providing a professional land development review process
is to have clear land development regulations that specify the application
procedures, submittal requirements, standards and approval criteria that apply. In
the case of the proposed land development code amendments, the proposed
changes aim to accomplish this objective as necessary to provide the foundation for
a more efficient land development review process.
ATTACHMENTS/EXHIBITS:
1. Ordinance Amending Land Development Code (CC Public Hearing Draft)
2. LDO Findings of Fact and Conclusions of Law (CC Public Hearing Draft)
STAFF RECOMMENDATION:
Page 36 of 145
Conduct a public hearing to consider the first reading of an Ordinance approving
various amendments to the land development code in Title 1 (General Provisions), Title
16 (Subdivisions) and Title 17 (Zoning) and forward the ordinance to a second reading
with or without revisions.
RECOMMENDED MOTION:
I move to forward the ordinance amending various section in the Central Point
Municipal Code concerning land development regulations in Title 1 (General
Provisions), Title 16 (Subdivisions) and Title 17 (Zoning) to a second reading.
Page 37 of 145
1 – Ordinance No. __________; (Council Meeting _/__/24)
ORDINANCE NO. _______
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CENTRAL POINT
MUNICIPAL CODE TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING); ADDING
NEW CHAPTERS 16.14 (MIDDLE HOUSING AND EXPEDITED LAND DIVISIONS),
16.40 (REPLATS), 16.44 (PROPERTY LINE ADJUSTMENTS) AND 17.94
(ANNEXATIONS); AND REPEALING CHAPTERS 1.20 (ANNEXATIONS) AND 17.92
(ENFORCEMENT)
File No. ZC-24001
Recitals:
A.Pursuant to CPMC 1.01.040, the City Council, may from time to time revise its
municipal code which shall become part of the overall document and citation.
B. For consistency with existing policy in the Comprehensive Plan and
conciseness and clarity, the City Council finds that annexation procedures and
criteria in CPMC 1.20 should be repealed and updated standards and criteria
consistent with ORS 222.111 through ORS 222.180 should be added to CPMC
17.94.
C.For consistency with existing policy in the Comprehensive Plan, conciseness
and clarity, general provisions, the City Council finds that updated definitions
and clear and objective standards and procedures should be provided in
Chapters 16.04, 16.08, 16.40 and 16.44 for land divisions.
D. For consistency with existing policy in the Comprehensive Plan, clarity and
conciseness and provision of an efficient land use process, and general
provisions, the City Council finds that updated definitions and clear and
objective standards should be provided for various land use application types
and uses in Chapters 17.04, 17.05, 17.08, 17.12, 17.13, 17.56, 17.57, 17.60
and 17.76.
E. For consistency with state housing legislation in SB 1537 that aims to decrease
housing cost and promote housing production, the City Council finds that it is
in the public interest to add CPMC 17.13 providing Housing Adjustment
procedures and criteria.
F. Pursuant to HB 4027, the City Council finds it is in the public interest to
establish standards that distinguish requirements for electrified and battery
operated fences.
G. In order to address community concerns about parking and transportation
access, the City Council finds it is in the public interest to modify Site Plan and
Architectural Review submittal requirements in CPMC 17.72 to clarify the
information needed to evaluate applications, including provision of a Mobility
Plan.
Page 38 of 145
2 – Ordinance No. __________; (Council Meeting _/__/24)
H. In accordance with CPMC 17.05.500, the City of Central Point Citizen’s
Advisory Committee considered the proposed amendments at their meeting on
November 12, 2024 and recommended the City Council approve the
amendments.
I. In accordance with CPMC 17.05.500 the following duly noticed public hearings
were conducted:
1. November 5, 2024 Planning Commission meeting, at which time the
Planning Commission considered and approved Resolution No. 925
forwarding a favorable recommendation to the City Council to approve
the proposed amendments; and,
2. November 14, 2024 City Council meeting, at which time the City
Council considered the first reading of the ordinance revising Central
Point Municipal Code Title 1, Title 16 and Title 17.
J. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.20, Annexations, is hereby repealed in its entirety.
SECTION 2. CPMC Title 17 is hereby amended to add Chapter 17.94, Annexations, as
set forth below:
CPMC 17.94, Annexation
Sections:
17.94.010 Purpose and Applicability
17.94.020 Application Process and Submittal Requirements
17.94.030 Approval Criteria
17.94.040 Zoning of Annexed Areas
17.94.050 Annexation of Territory Surrounded by the City
17.94.010 Purpose and Applicability
Annexation is the action taken to incorporate land into the city. Under State law,
land may be annexed to the city only if it is within the Urban Growth Boundary,
and is contiguous to the city limits. Applications for annexation may be
accompanied by other, concurrent applications, for amendment to the
comprehensive plan, amendments to the zoning map and requests for withdrawal
from special districts, provided that such concurrent applications meet all
requirements therefor.
CPMC 17.94.020 Application Process and Submittal Requirements
Page 39 of 145
3 – Ordinance No. __________; (Council Meeting _/__/24)
A.Application for Annexation. Except for the annexation of unincorporated
territory surrounded by the city as provided in CPMC 17.94.050 below,
applications for annexation shall include all of the requirements listed in
Subsection (C) below, and be subject to the provisions of
ORS 222.111to 222.180 (Authority and Procedures for Annexation) or 222.840
to 222.915 (Health Hazard Abatement Law).
B.Public Hearing for Annexation. A public hearing shall be held prior to the
Council’s adoption of an ordinance for annexation. The City shall publish
notice of the public hearing once each week for two successive weeks prior to
the day of hearing, in a newspaper of general circulation in the city, and shall
post notices of the hearing in at least four public places in the city for a like
period.
1. Exception: A public hearing is not required when all of the owners of
land in the unincorporated territory and not less than 50 percent of the
electors, if any, residing in the territory consent in writing to
the annexation of the land in the territory, and file a statement of their
consent with the Council per ORS 222.125.
C. Submittal Requirements. An application for annexation shall contain the
following information:
1. Vicinity Map drawn at a scale of 1" = 1,000' identifying the proposed
area of annexation and existing city limits.
2.Assessor's Maps of the proposed annexation area. The assessor's maps
shall have identified those parcels for which consents to annex have
been acquired and adjacent right-of-way to be annexed.
3. Consent to annex forms completed and signed by all consenting
property owners within the proposed annexation area.
4. Legal metes and bounds or lot and block description of
the annexation area. Prior to submittal of the Annexation application,
the applicant shall consult with the Public Works Department on the
extent of any adjacent right-of-way that is to be included in the legal
description. All legal descriptions shall be reviewed and approved by
the Public Works Department prior to submittal of
the Annexation application.
5. Specific information on each parcel within the
proposed annexation area:
Page 40 of 145
4 – Ordinance No. __________; (Council Meeting _/__/24)
a. Current assessed valuation shown on County Assessor's tax
rolls.
b. Acreage of both public and private property, and public right-
of-way to be annexed.
c. Map and tax lot number.
6. Addresses of all dwelling units and businesses located within the
annexation area and names of all residents and whether they are
registered voters.
7. The following additional information shall also be supplied by the
applicant:
a. Existing land uses within annexation area.
b. Existing zoning within the annexation area.
c. Existing improvements such as:
i. water system
ii. streets
iii. sanitary sewer
iv. storm drainage
d. Special Districts within the area, such as:
i. water district
ii. irrigation district
iii. fire district
iv. school district
v. Rogue Valley Sewer Services
vi. other
e. Written findings indicating compliance with all of the applicable
requirements of this chapter and the criteria contained in Section 17.94.030.
Page 41 of 145
5 – Ordinance No. __________; (Council Meeting _/__/24)
8. Property owners' names, addresses and map and tax lot numbers within
200 feet of the subject site, typed on mailing labels.
9. Payment of the application fee(s).
CPMC 17.94.030 Approval Criteria
The City Council must find that the following requirements are met in order to
approve an annexation:
1. The land is within the City’s Urban Growth Boundary;
2. The land is contiguous to the current city limits;
3. The land is zoned in accordance with CPMC 17.94.040; and,
4. Unless the land being considered for annexation is enclaved by the City or
the City chooses to hold an election, a majority of the land owners and/or
electors have consented in writing to the annexation per ORS 222.125 or
ORS 222.170.
CPMC 17.94.040 Zoning of Annexed Property
The comprehensive plan of Central Point includes a plan for future land uses
within the UGB area. The zoning map described in Section 17.12.030 is consistent
with the comprehensive plan and will control the district into which a newly
annexed area is placed. The appropriate zoning district shall be applied to the
area upon annexation if pre-designated pursuant to the zoning map. If no zoning
district has been designated on the zoning map, the applicant shall submit a Zone
Map Amendment application in accordance with the requirements in CPMC 17.10
concurrent with the annexation application.
CPMC 17.94.050 Annexation of Territory Surrounded by the City.
A. As authorized in ORS 222.750, the City Council may, by ordinance, annex
territory surrounded by the corporate boundaries of Central Point with or
without the consent of any owner of property within the territory or resident of
the territory.
B. Such annexation may be initiated at the request of the Planning Department or
City Council and shall not be subject to the requirements of Chapters 17.05
and 17.94.020 through 17.94.030.
C. A public hearing shall be held prior to the Council’s adoption of an ordinance
for annexation.
Page 42 of 145
6 – Ordinance No. __________; (Council Meeting _/__/24)
D. No later than 20 days prior to the public hearing, notification shall be mailed to
all owners of property within the area proposed for annexation.
E. For property that is zoned for, and in, residential use when annexation is
initiated by the City, the City shall specify an effective date for
the annexation that is at least three years and not more than 10 years after the
date the City proclaims the annexation approved.
F. Cause notice of the delayed annexation to be recorded by the county clerk of
the county in which any part of the territory subject to delayed annexation is
located within 60 days after the city proclaims the annexation approved.
G.The City shall notify the Jackson County Clerk of the territory subject to
delayed annexation not sooner than 120 days and not later than 90 days
before the annexation takes effect.
SECTION 3. Chapter 16.04, General Provisions, is hereby amended in its entirety to read:
CPMC 16.04, General Provisions
Sections:
16.04.005 Background
16.04.010 Scope of regulations. Purpose
16.04.020 Design standards and principles of acceptability. Applicability
16.04.005 Background
The division of land and arrangement of property boundaries is the first step
toward establishing a community’s development pattern. Before any unit of land
can be created by recording a subdivision or partition plat, the City must approve
a tentative plan and final plat. This Title sets forth the standards and procedures
that apply to tentative and final plats for subdivisions, partitions and replats. It
also provides standards and procedures for property line adjustments and
missing middle and expedited land divisions.
16.04.010 Purpose
The purpose of this Title is to:
A. Preserve, protect and promote the public health, safety, convenience and
general welfare;
B. Provide rules, regulations and standards governing the approval of land
divisions and replats;
C. Provide rules, regulations and standards governing the approval of
property line adjustments;
Page 43 of 145
7 – Ordinance No. __________; (Council Meeting _/__/24)
D. Ensure that new lots, parcels and blocks meet the requirements of the
underlying zoning district;
E. Ensure access to streets and utilities;
F. Ensure safe, economical and efficient routes for pedestrians, bicycles and
motor vehicles;
G. Minimize the negative effects of development on the natural environment
and incorporate natural features into proposed development where
possible;
H. Promote energy efficiency; and,
I. Promote orderly growth and development by implementing the Central
Point Comprehensive Plan.
16.04.020 Scope of regulations. Applicability.
Units of land must only be created or reconfigured in accordance with the
standards in this Title and ORS Chapter 92. Expedited and Middle Housing Land
Divisions are subject to the requirements in CPMC 16.14.
The provisions of this title shall apply to all subdivisions, partitions, and planned unit
developments, and all streets or other ways created thereby, unless otherwise
specifically provided. (Ord. 1650 (part), 1990).
16.04.020 Design standards and principles of acceptability.
A. The subdivision shall be in conformity with any approved development plans and
shall take into consideration any preliminary plans or studies.
B. In connection with reviewing and making recommendations as to the granting or
denial of any application made under this title, city staff may, in its discretion, in such
cases as the same is warranted due to relevant but unknown information, require the
applicant to furnish to the city, at applicant’s expense, technical, architectural,
engineering or other professional studies or reports. (Ord. 1684 §5, 1993; Ord. 1650
(part), 1990).
SECTION 4. CPMC 16.04, Definitions, is hereby amended to read:
CPMC 16.08, Definitions
As used in this title the masculine gender includes the feminine and neuter gender and
the singular includes the plural. The following words and phrases, unless the context
otherwise requires, shall have the meanings assigned to them.
1. “Alley” means a narrow street through a block primarily for vehicular service access
to the back or side of properties otherwise abutting on another street.
2. “Applicant” means the owner or contract purchaser of the property sought to be
subdivided, partitioned or developed, or the person duly authorized in writing by such
person or persons to act as agent to seek subdivision, partition or development, and in
connection therewith, to bind the property to any conditions thereof.
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3. “Building line” means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
4. “City” means any representative of the city of Central Point authorized to make the
decision in question, including but not limited to the public works director, the city
manager, the planning commission or the city council.
5. “City utility easement” means an easement that is dedicated or granted for city water,
sewer or storm drain.
6. “Cul-de-sac” (dead-end street) means a short street having one end open to traffic
and being terminated by a vehicle turn-around.
7. “Development plan” means any plan as defined in Section 15.16.010.
8. “Easement” means a grant of the right to use a strip of land for specific purposes.
9. “Final plat” means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a subdivision, and
where applicable, includes a partition plat prepared by a registered professional land
surveyor.
10. “Flag lot” means a lot or parcel surrounded by other parcels on all sides and
connected to the public right-of-way by a privately owned driveway or easement for
ingress and egress.
11. “Half street” means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be
provided in another subdivision.
12. “Lot” means a parcel of land intended as a unit for transfer of ownership or for
development.
13. “Major partition” means a partition which includes the creation of a road or street.
14. “Minor partition” means a partition which does not include the creation of a road or
street.
15. “Partition” means either an act of partitioning land or an area or tract of land
partitioned as defined by this chapter.
16. “Partition plat” means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land
partition.
17. “Partitioninged land” means to divide dividing area or tract of land to create not
more than into two or three (3) parcels of land within a calendar year, but does not
include:
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a. Dividing land resulting from a lien foreclosure, foreclosure of a recorded
contract for the sale of real property, or the creation of cemetery lots;
b. Adjusting a property line as a property line adjustment is defined in this
section;
c. Dividing land as a result of recording a subdivision or condominium plat;
d. Selling or granting by a person to a public agency or public body of
property for state highway, county road, city street or other right of way
purposes if the road or right of way complies with the applicable
comprehensive plan and ORS 215.213 (Uses permitted in exclusive farm
use zones in counties that adopted marginal lands system prior to 1993)
(2)(p) to (r) and 215.283 (Uses permitted in exclusive farm use zones in
nonmarginal lands counties) (2)(q) to (s). However, any property sold or
granted for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until the
property is further subdivided or partitioned; or,
e. Selling or granting by a public agency or public body of excess property
resulting from the acquisition of land by the state, a political subdivision or
special district for highways, county roads, city streets or other right of
way purposes when the sale or grant is part of a property line adjustment
incorporating the excess right of way into adjacent property. The property
line adjustment shall be approved or disapproved by the applicable local
government. If the property line adjustment is approved, it shall be
recorded in the deed records of the county where the property is located.
when such area or tract of land exists as a unit or contiguous units of land under single
ownership at the beginning of such year. “Partitioned land” does not include divisions of
land resulting from lien foreclosures; divisions of land resulting from the creation of
cemetery lots; and divisions of land made pursuant to a court order, including but not
limited to court orders in proceedings involving the state or intestate succession; and
“partitioned land” does not include any adjustment of a lot line by the relocation of a
common boundary where an additional parcel is not created and where the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot size
established by any applicable zoning ordinance.
18. “Pedestrian way” means a right-of-way for pedestrian traffic.
19. “Person” means an individual, firm, partnership, corporation, company, association,
syndicate or any legal entity, and including any trustee, receiver, assignee or other
similar representative thereof.
20. “Planning commission” means the planning commission of the city.
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“Plat” includes a final subdivision plat, replat or partition plat.
“Property line” means the division line between two units of land.
“Property line adjustment” means a relocation or elimination of all of a portion of
the common property line between abutting properties that does not create an
additional lot or parcel.
“Replat” means the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots in the
subdivision.
21. “Reversed corner lot” means a corner lot, the side street line of which is
substantially a continuation of the front lot line of the first lot to its rear.
22. “Right-of-way” means all areas conveyed or dedicated to the public or city, or in
actual use by the public or city, for vehicular, pedestrian or utility use.
23. “Road” or “street” means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24. “Roadway” means the portion or portions of street rights-of-way developed for
vehicular traffic.
25. “Sidewalk” means a pedestrian walkway with permanent surfacing.
26. “Street” means the entire width between the boundary lines of every way which
provides for public use for the purpose of vehicular and pedestrian traffic and the
placement of utilities and includes the terms “road,” “highway,” “avenue,” “alley” and
other similar designations.
27. “Structure” means anything built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner. This includes, but is not limited to, carports, swimming pools, hot tubs,
permanent signs, aboveground gas or liquid storage tanks, fences, railings, sheds,
manufactured homes, antennas, satellite dishes, well pump houses, mechanical
equipment, and portable buildings. It also includes tents, awnings, stands, carts, and
tables, except those used temporarily for an itinerant use. It does not include portable
items solely for sale or temporary storage on the premises, including manufactured
homes, portable buildings, and vehicles.
28. “Subdivide land” means to divide a parcel of land into four or more parcels within a
calendar year.
29. “Subdivision” means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
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30. “Through lot” means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
31. “Tentative plan” means the diagram and text containing all of the descriptions,
locations, specifications, provisions and information concerning a proposed subdivision
or partition.
“Utility easement” means an easement noted on a subdivision plat or partition
plat for the purpose of installing or maintaining public or private utility
infrastructure for the provision of water, power, heat or telecommunications to
the public. 32. “Underground utilities” include all public and private services including
but not limited to electrical power, television cable, gas, telephone, sewer, water and
storm sewer. (Ord. 1997 §1, 2014; Ord. 1969 §1(part), 2013; Ord. 1650(part), 1990).
SECTION 4. CPMC Title 16 is hereby amended to establish and reserve Chapter 16.14,
Middle Housing and Expedited Land Divisions.
CPMC 16.14, Middle Housing and Expedited Land Divisions
SECTION 5. CPMC Title 16 is hereby amended to add Chapter 16.40, Replats, to read
as follows:
CPMC 16.40, Replats
16.40.010 Applicability
16.40.020 Replat Process
16.40.010 Applicability
A. A replat is the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots
in a subdivision.
B. The relocation of a common boundary line between two lots/parcels within
a subdivision or partition shall not be considered a replat. A property line
adjustment may occur in a platted subdivision or partition as provided for
in CPMC 16.44.
16.40.020 Replat Process
A. A replat tentative plan and final plat shall comply with the land division
process specified in CPMC 16.10 and CPMC 16.12 with the following
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exceptions:
1. The word “Replat” shall be shown in the title block;
2. The name or reference number of the previous plat and any
additional recording information shall be retained in the title of the
replat;
3. Blocks, lots/parcels and portions thereof, which are being replatted
shall be identified where applicable; and,
4. Original plat information being deleted, abandoned or changed by
the replat shall be shown lightly sketched or dotted on the drawing
with a note of explanation.
SECTION 6. CPMC Title 16 is hereby amended to add Chapter 16.44, Property Line
Adjustments, to read as follows:
CPMC 16.44, Property Line Adjustments (New)
16.44.010 Purpose
16.44.020 Submittal Requirements
16.44.030 Review Process
16.44.040 Approval Criteria
16.44.050 Recording and Expiration
16.44.010 Purpose
The purpose of a property line adjustment is to relocate or eliminate a common
property line between abutting properties.
16.44.020 Submittal Requirements
Property Line Adjustments are subject to Type I procedures set forth in CPMC
17.05.200. Property Line Adjustment applications shall be on application forms
provided by the Community Development Department, be accompanied by the
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application fee adopted in the City’s current fee schedule and include the
following information:
A. Map of Survey prepared by an Oregon registered land surveyor showing
the following:
1. Existing and proposed property lines, including dimensions and
square footage for all properties involved;
2. Assessor’s Map and Tax Lot Information for the subject properties;
3. Location of existing utilities on the site, including but not limited to:
wells, septic systems, storm drain lines, water, and irrigation
facilities;
4. Existing and proposed easements including the location, name and
purpose of each easement on the site (if any);
5. Existing streets, both public and private, within or adjacent to the
subject properties, including the street names, location and
dimensions;
6. Location and dimensions of driveways within or abutting the subject
properties
7. Location, height, ground floor area and use of all structures on the
subject properties including the distance from all existing and
proposed property lines;
8. Location of existing walls and fences;
9. Property owner names as shown on the accompanying deeds;
10.Surveyor’s signature attesting to the accuracy of the information
provided; and,
11.If any items listed above are not shown on the Map of Survey, a
signed statement certifying that specific items listed above do not
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exist.
B. Legal Description prepared by an Oregon registered land surveyor for the
proposed property line adjustment;
C. Copy of proposed easements to be recorded, if any;
D. Proposed deeds that include a statement that identifies the associated
conveyance of property as a property line adjustment. If the property line
is being adjusted, the deed shall be labeled, “Property Line Adjustment.” If
a property line is being eliminated, the deed shall be labeled “Property
Line Adjustment – Lot Consolidation.”
E. Legal descriptions attached to the deeds for the proposed property line
adjustment or lot consolidation shall include the names of the parties, the
description of the adjusted property line, references to original recorded
documents and signatures of all parties with proper acknowledgement.
F. Title Report prepared no more than 15-days prior to the application
submittal listing the vested owners, easements, encumbrances and other
matters for each property; and
G. Signatures from all property owners on the application form or letter
authorizing the property line adjustment application.
16.44.030 Review Process
A.Preliminary City Review. Once the application has been received, the
Community Development Department shall send a copy to affected
agencies and City departments for review. Within 30- days following
submittal, the Planning Department shall send a written notification to the
applicant indicating:
1.The application is missing information required in Section 16.44.020.
Once missing information is submitted, the City shall complete its
review within 30-days; or,
2.The application has been preliminarily approved in accordance with
the CPMC 16.44.040(A-C); or,
3.The application has been found to be inconsistent with Section
16.44.040(A-C) and has been denied.
B.Jackson County Surveyor Review. Upon preliminary City approval, the
applicant shall file the Map of Survey, Deeds and proposed easements with
the Jackson County Surveyor as necessary to assure conformance with
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the Oregon Revised Statutes (ORS) 92.
C.Final City Review. Following approval by the Jackson County Surveyor and
within one (1) year of filing the property line adjustment, submit the final
map of survey, deeds and easement for final review and signature by the
Community Development Director or designee. The final review shall verify
that the final Map of Survey is substantially the same as preliminarily
approved. If the Director finds that they are not substantially the same, the
applicant shall be notified in writing within 15-days.
16.44.040 Approval Criteria
The Community Development Director or designee shall approve or deny a
request for a property line adjustment in writing based on demonstration that
following criteria are met:
A. The Property Line Adjustment does not result in the creation of any new
lots or parcels;
B. The Property Line Adjustment does not result in a unit of land that overlaps
the city limit line, urban growth boundary or a zoning district boundary;
C. All lots and parcels conform to the applicable lot standards of the zoning
district including lot area, dimensions, setbacks and coverage unless a
nonconforming lot or parcel is adjusted in a manner that reduces an
existing nonconforming situation; and,
D. Demonstration that the Map of Survey and legal descriptions are consistent
with ORS 92 as certified by the Jackson County Surveyor.
16.44.050 Recording and Expiration
Expiration. Within one (1) year of the final decision date, the property line
adjustment deeds and Map of Survey and any proposed easements must be filed
with the Jackson County Clerk’s office to be recorded. If the property line
adjustment documents are not recorded within one (1) year, the application
approval will expire. Recorded documents shall be filed with the Community
Development Department within 60-days of recording or prior to any additional
land use approvals or building permit issuance for the reconfigured lots or
parcels.
SECTION 7. CPMC Chapter 17.04, Title—Purpose, is hereby amended in its entirety to
read as follows:
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CPMC 17.04, Title—Purpose General Provisions
Sections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Application and review--Fees.
17.04.040 Authority to require professional reports.
17.04.030 Scope and Compliance
17.04.040 Rules of Code Construction
17.04.050 Consistency with Comprehensive Plan and Laws
17.04.060 Development Code and Zoning Map Implementation
17.04.070 Coordination of Building Permits
17.04.080 Official Action
17.04.090 Enforcement and Penalties
17.04.100 Fees
17.04.010 Title.
This title shall be known as the “City of Central Point “Zoning Ordinance” or “Zoning
Code.” of 1981. (Ord. 1436 §2(part), 1981).
17.04.020 Purpose.
The purpose of this title is to promote the public health, safety and welfare of all
Central Point residents by managing and regulating land use and development
within the City consistent with the following objectives:
A. Implement the City of Central Point Comprehensive Plan;
B. Manage growth and physical development of the City consistent with its
ability to provide adequate and cost-effective public facilities and
services;
C. Provide a clear land use and development regulatory framework to
facilitate the private and public sectors to respond to market demands
and the community’s needs for housing, employment and other uses;
D. Establish clear and objective standards, where possible, to promote
livability through human-scale design that promotes safety, comfort and
character in alignment with the community’s preferred vision for its
future as articulated in the Central Point Strategic Plan and Central
Point Comprehensive Plan;
E. Promote development of an interconnected transportation system that
supports multiple modes of transportation, including but not limited to
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automobiles, transit, bicycles and pedestrians to accomplish the
following objectives:
1. Connecting residential areas with schools, parks and community
services;
2. Providing transportation options for those who are unable or
choose not to drive a car; and
3. Providing the opportunity for Central Point residents to engage in
a more active lifestyle that can contribute to better health
outcomes and wellbeing.
F. Implement regulations that safeguard residents from identifiable
hazards associated with dissimilar land uses, natural hazards and
nuisances that may result from development to the to the maximum
extent possible; and,
G.Comply with applicable Oregon Revised Statutes as pertains to the
development and use of land. (Ord. 1436 §2(part), 1981).
encourage the most appropriate use of land; to conserve and stabilize the value of
property; to facilitate fire and police protection; to provide adequate open space for light
and air; to minimize congestion of streets; to promote orderly growth of the city; to
prevent undue concentrations of population; to facilitate adequate provision of
community facilities; and in general to promote in other ways public health, safety,
convenience and general welfare. (Ord. 1436 §2(part), 1981).
17.04.030 Application and review--Fees.
Applications for any land use permit or approval issued or required to be issued under
this Title 17 and review thereof shall conform to the provisions of Chapter 17.05 and all
applicable city ordinances and laws of the state. All administrative and legal staff time
costs, plans checks, construction inspection, and preparation of agreements, in excess
of the filing fee, shall be borne by the applicant and paid within twenty days of billing by
city. Failure to timely pay such costs shall constitute grounds for denial of the permit or
approval application. For purposes of this section, “land use permit or approval”
includes site plans, nonconforming use designations, planned unit developments,
conditional use permits, variances, amendments, and any other action taken by
application under the terms of Title 17. (Ord. 1684 §13, 1993).
17.04.040 Authority to require professional reports.
In connection with reviewing and making recommendations as to the granting or denial
of any application made under this title, city staff may, in its discretion, in such cases as
the same is warranted due to relevant but unknown information, require the applicant to
furnish to the city, at applicant’s expense, technical architectural, engineering or other
professional studies or reports. (Ord. 1684 §14, 1993).
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17.04.030 Scope and Compliance
A. Applicability. The requirements of this Title apply to the person(s)
undertaking the development (i.e. applicant), owner(s) of record, and any
successors of interest.
B. Compliance. No structure or lot shall hereinafter be used, developed,
occupied, and no structure or part thereof shall be erected, moved,
reconstructed, extended, enlarged or otherwise altered except as permitted
by this Code. Furthermore, annexations and amendments to the Zoning
Map and Text, Comprehensive Plan Map and Text shall conform to the
applicable provisions of this Code.
C. Transfer of Development Standards. Except as otherwise specifically
authorized in this title, no lot area, yard, landscaping or open space that is
used to satisfy a requirement for one use shall be used to satisfy the
requirements for another use.
17.04.040 Rules of Code Construction.
A. Minimum Requirements. The provisions of this Title, in their interpretation
and application, are minimum requirements that have been adopted for the
protection of the public health, safety and general welfare.
B. Conflicts. Unless otherwise specified, when there is a conflict between
provisions in this Code or with other applicable regulations, the highest
standard shall govern. The Planning Director shall decide which Code
provision sets the highest standard. Where the applicability of a Code
provision is unclear, the Planning Director or Planning Commission may
issue a formal interpretation pursuant to CPMC 17.11.
C. Tenses. Words used in the present tense include the future; the singular
form includes the plural; and the plural includes the singular.
D. Interpreting Illustrations. This Code contains illustrations and photographs,
code “graphics,” which are intended to serve as examples of development
design that either that either meet or do not meet particular code
standards. Strict adherence to the graphic is not required except where a
graphic contains a specific numerical standard or uses the word “shall,”
must,” “required,” or “prohibited.”
E. Requirements versus Guidelines. The use of the word “shall,” “must,”
“required,” or similar directive terms means the Code provision is a
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requirement. The word “should,” “encouraged,” “recommended,” or
similar terms means the provision is a guideline, which may be imposed as
a requirement but only where the applicable code criteria allow the
Planning Commission to exercise such direction.
F. Severability. The provisions of this Development Code are severable. If any
section, sentence, clause or phrase is judged to be invalid by a court of
competent jurisdiction, that decision shall not affect the validity of the
remaining portion of the Code.
17.04.050 Consistency with Comprehensive Plan and Laws.
A. City of Central Point Comprehensive Plan. This Code implements the City
of Central Point Comprehensive Plan. Except as otherwise required by
applicable state or federal law, all provisions of this Code shall be
construed in conformity with the Comprehensive Plan including any
Comprehensive Plan elements or public facility master plans adopted
pursuant to the Comprehensive Plan.
B. Compliance with Other Laws Required. In addition to the requirements set
forth in this Code, all uses and development shall comply with all other
applicable rules and regulations including but not limited to City, state and
federal.
C. References to Other Regulations. All references to other city, state and
federal rules and regulations are for informational purposes only and do
not constitute a complete list of such requirements. The references do not
imply any responsibility by the City of Central Point for enforcement of
state or federal regulations. Where a proposal, permit or approval is
subject to both City of Central Point and state or federal requirements, the
property owner is responsible for contacting the applicable agencies and
complying with their rules and regulations.
17.04.060 Development Code and Zoning Map Implementation
A. Land Use Consistent with Development Code. Land and structures in the
City of Central Point may only be used or developed in accordance with
this Code, including all amendments thereto. A lawful use of land (“use”) is
one that is permitted in accordance with this Code or is allowed as a legal
non-conforming use pursuant to Chapter 17.56, provided state or federal
law does not prohibit the use.
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B. Development Code and Zoning Map. The City’s Official Zoning Map
(“Zoning Map”), which may be published, amended and filed separately
from this Code, is part of this Code. The zoning districts depicted on the
Zoning Map correspond to the zoning districts in this code in Section
17.12.030. In addition, this Code may contain zoning regulations for special
areas (e.g. overlay zones), and for certain uses or structures that do not
appear on the Zoning Map.
C. Interpreting the Zoning Map. Except as otherwise specified by this Code,
the City’s zoning boundaries are designated on the Official Zoning Map,
which is kept on file in the Planning Department at the Central Point City
Hall. The City may adopt and publish supplemental zoning maps where it is
impractical to illustrate all regulated features on one map. Example of
regulated features include, but are not limited to historical landmarks,
floodplain boundaries, local wetland inventories, etc. In addition, the City
may require field verification and mapping (e.g. survey) of a regulated
feature as part of a development application where the feature is thought to
exist on or adjacent to the subject property but its exact location is
unknown.
D. Boundary Lines. Zoning district boundaries are determined pursuant to
CPMC 17.12.030
E. Changes to the Official Zoning Map. Proposed changes to the Zoning Map
are subject to review and approval under CPMC 17.10.
17.04.070 Coordination of Building Permits
A building permit shall not be issued until the Planning Director or designee has
confirmed that all applicable requirements of this Code are met, applicable
conditions of approval imposed as part of the land use process have been
satisfied, or additional conditions are in place to assure compliance.
17.04.080 Official Action
The City of Central Point Planning Director, Planning Commission and City
Council are vested with authority to issue permits and grant approvals in
conformance with the Land Development Code pursuant to the Application
Review Procedures set forth in CPMC 17.05.
17.04.090 Enforcement and Penalties
A. Violation a Public Nuisance. Any building or structure set up, erected,
constructed, altered, enlarged, converted, moved or maintained contrary to
the provisions of this title, and any use of any land, building or premises
established, conducted, operated or maintained contrary to the provisions of
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this title is unlawful and declared a public nuisance and may be abated as
provided in Chapter 8.04 of the Central Point Municipal Code, and/or in such
other manner as provided by law, and may take such other steps and apply to
such courts as may have jurisdiction to grant such relief as will enjoin and
remove such violation. The remedies provided for herein shall be cumulative
and not exclusive. (Ord. 1436 §2(part), 1981).
B. Penalties. Violation of a provision of Chapters 16 or 17 constitutes a violation
and upon conviction thereof shall be punishable by the general penalty set
forth in CPMC 1.16. Every day in which a violation is caused or permitted to
exist constitutes a separate offense. (Ord. 1684 §75, 1993; Ord. 1436 §2(part),
1981).
17.04.100 Fees
A schedule of permit and service fees shall be established and may be
periodically amended by resolution of the City Council.
SECTION 9. CPMC Section 17.05.100 is hereby amended in its entirety to read as
follows:
17.05.100 Purpose and applicability of review procedures.
A. Purpose. The purpose of this chapter is to establish standard decision-making
procedures that will enable the city, the applicant, and the public to review development
permit applications and participate in the local decision-making process in a timely and
effective way consistent with the citizen’s involvement element of the comprehensive
plan. Table 17.05.1 provides a key to identify the review procedures, applicable
regulations, and the approving authority for development permit applications.
B. Applicability of Review Procedures. All development permit applications identified in
Table 17.05.1 shall be decided by using the appropriate procedures contained in this
chapter. The procedural “type” assigned to each development permit application
governs the decision-making process for that permit. There are four “types” of
procedures: Type I, II, III, and IV, which are described as follows:
1. Type I. Type I procedures apply to administrative decisions made by the
community development director or designee without public notice and without a
public hearing. Type I procedures are used only when there are clear and objective
approval standards and criteria, the application of which does not require the use
of discretion.
A Type I decision is the city’s final decision. There are no appeals to a Type I
procedural decision.
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2. Type II. Type II procedures apply to administrative decisions that involve clear
and objective approval standards and criteria the application of which requires the
use of limited discretion. Type II decisions are made by the community
development director or designee with public notice, and an opportunity for a
public hearing if appealed. The appeal of a Type II decision is treated as a Type III
procedure, except that the appeal is to the planning commission, which is the final
decision of the city.
3. Type III. Type III procedures are quasi-judicial decisions that involve the
application of existing policies. Type III decisions generally use discretionary
approval criteria, and do not have a significant effect beyond the immediate area of
the application. Type III decisions are based on special studies or other information
which will serve as the factual basis to support the decision. Type III decisions,
when made by the planning commission, may be appealed to the city council.
4. Type IV Procedure. Type IV decisions are legislative decisions that establish by
law general policies and regulations for future land use decisions, such as the
adoption or revision of the comprehensive plan, and revisions to the zoning and
the land division ordinance that have widespread and significant impact beyond
the immediate area, i.e., quantitative changes producing large volumes of traffic, or
a qualitative change in the character of the land use itself, such as conversion of
residential to industrial use; or a spatial change that affects large areas or many
different ownerships. Unless otherwise noted, all Type IV decisions are considered
initially by the citizens advisory committee and the planning commission, with final
decisions made by the city council. For annexation, the City Council makes a
decision without a recommendation from the citizens advisory committee or
planning commission.
Table 17.05.1 provides a key to identify the review procedure for each land
development permit.
TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Annexation
Quasi-Judicial Type III Chapter 1.20 City Council No
Legislative Type IV**Chapter 1.20 17.94 City Council No
Code Interpretations Type II Chapter 17.11 Director No
Comprehensive Plan &
UGB Amendments
Major Type IV Chapter 17.96 City Council No
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Minor Type III Chapter 17.96 City Council No
Conditional Use Permit Type III Chapter 17.76 Planning
Commission
Yes
Conversion Plan Type II Chapter 16.32 Director Yes
Extensions
Type I Procedures Type I Section 17.05.200(G)Director Yes
Type II Procedures Type II Section 17.05.300(G)Director Yes
Floodplain
Development Permit
Type I
Type II
Type III
Chapter 8.24
Floodplain
Manager
Director
Planning
Commission
Yes
Home Occupation
Permit
Type I Section 17.60.190 Director Yes
Land Division/Replat
Tentative Plan,
Partition
Type II Chapter 16.36 Director Yes
Tentative Plan,
Subdivision
Type III Chapter 16.10 Planning
Commission
Yes
Final Plat Type I Chapter 16.12 Director No
Replat ***Chapter 16.40 ***Yes
Mobile Food Business
Mobile Food Vendor Type I Section 5.44.030
Chapter 17.72
Director Yes
Mobile Food Pod Type II Section 5.44.040
Chapter 17.72
Director Yes
Mobile Food Court
Type III Section 5.44.050
Chapter 17.76
Chapter 17.72
Planning
Commission
Yes
Specialty Food Vendor Type I Section 5.44.060 Director No
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Modification of Approval
Major Type III Section 17.09.300 Planning
Commission
Yes
Minor Type II Section 17.09.400 Director Yes
Nonconforming Use
Designation
Type III Section 17.56.040 Planning
Commission
No
Planned Unit
Development
Type III Chapter 17.68 Planning
Commission
Yes
Property Line
Adjustment/Consolidation
Type I Chapter 16.10 16.44 Director Yes
Right-of-Way Vacation Type IV Chapter 12.28 City Council No
Site Plan and
Architectural Review
Minor Type I Chapter 17.72 Director Yes
Major Type II Chapter 17.72 Director Yes
TOD District/Corridor
Overlay Master Plan
Type III Chapter 17.66 Planning
Commission
Yes
Tree Removal Type II Chapter 12.36 Director Yes
Variances and
Adjustments
General Adjustment Type II Section
17.13.200(A)
Planning
Director
Yes
Housing Adjustment Type II****Section
17.13.200(B)
Planning
Director
Yes
Variance Type III Section 17.13.300 Planning
Commission
Yes
Class A Type II Section 17.13.300 Director Yes
Class B Type III Section 17.13.400 Planning
Commission
Yes
Class C Type III Section 17.13.500 Planning
Commission
Yes
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Zoning Map and Zoning
and Land Division Code
Text Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
* An applicant may be required to obtain approvals from other agencies, such as the Oregon
Department of Transportation, or Rogue Valley Sewer. The city may notify other agencies of applications
that may affect their facilities or services.
** Except as provided in CPMC 17.94.
*** Procedural type and approving authority based on the land division type as noted in the table.
**** Except as provided in 17.13.200(B).
SECTION 9. CPMC Section 17.08.010 is hereby amended in part to clarify the definition
for “Home Occupation” as follows:
“Home occupation” means any occupation or business conducted within a residential
dwelling unit by a person lawfully residing in the dwelling member or members of the
family residing in that unit, provided such occupation or business is clearly incidental
and secondary to the primary residential use of that dwelling and is in accordance with
Section 17.60.190.
SECTION 10. CPMC Chapter 17.12, Zoning Districts is hereby amended in its
entirety to read:
CPMC 17.12, Zoning Districts
Sections:
17.12.010 Purpose Compliance with provisions.
17.12.020 Zones--Classification. Zoning District Classification
17.12.030 District--Location. Zoning District Boundary Determination
17.12.040 Zoning maps.
17.12.010 Purpose Compliance with provisions.
The purpose of this chapter is to establish zoning district for every units of land
(i.e. parcel, lot, tract, right-of-way) within the City of Central Point consistent with
the Comprehensive Plan. Units of land may also be designated within one or
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more overlay zones. It is also the purpose of this chapter to specify how zoning
district boundaries are determined. The use of land shall be limited to uses
allowed by applicable zone(s).
A. A lot may be created or used and a structure or part thereof constructed,
reconstructed, altered, occupied or used only as permitted in this code.
B. No lot shall be created if the effect thereof is to allow the perpetuation of a
nonconforming use. (Ord. 1684 §27, 1993; Ord. 1436 §2(part), 1981).
17.12.020 Zoning District Classification Zones--Classification.
For the purposes of this title, the following zones are established by the city:
Abbreviation District Chapter Reference
R-L Residential low-density 17.16
R-1 Residential single-family 17.20
R-2 Residential two-family 17.24
R-3 Residential multiple-family 17.28
C-N1 Neighborhood convenience
shopping
17.32
C-4 Tourist and office-professional 17.44
C-5 Thoroughfare commercial 17.46
M-1 Industrial 17.48
M-2 Industrial general 17.52
B.C.G.Bear Creek Greenway 17.54
OS Parks and Open Space 17.30
TOD Transit oriented development
overlay
17.65, 17.66, 17.67
LMR Low mix residential 17.65
MMR Medium mix residential 17.65
HMR High mix residential 17.65
EC Employment commercial 17.65
GC General commercial 17.65
C Civic 17.65
OS Open space 17.65
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(Ord. 2100 § 5, 2023; Ord. 1888, 2006; Ord. 1643 §1, 1990; Ord. 1615 §2, 1989; Ord.
1436 §2(part), 1981).
17.12.030 Zoning District Boundary Determination District--Location.
The boundaries for each district listed in this title are the boundaries indicated for the
district by the city zoning map of 1987, which is adopted by reference. The boundaries
shall be modified in accordance with zoning map amendments, which amendments this
section subsequently adopts by reference. (Ord. 1615 §3, 1989; Ord. 1436 §2(part),
1981).
This section sets forth criteria to be used in determining the location of any
zoning district boundary as shown on the Zoning Map. Zoning district
boundaries, as shown on the City of Central Point Zoning Map, shall be construed
to follow:
A. City limit lines.
B. Platted lot lines or other property lines as shown on the Jackson County
Assessor’s Plat Maps.
C. The centerline of street, railroad or irrigation district rights-of-way.
D. The centerline of streams or other water courses as measured at mean low
water, and, in the event of a natural change in location of the centerline of
such water course, the zoning district boundary shall be construed as
moving with the channel centerline.
Where due to the scale, lack of scale, lack of detail, or illegibility of the Zoning Map, or
due to any other reason, there is uncertainty, contradiction, or conflict as to the intended
location of a zoning district boundary, the Community Development Director or, upon
referral, the Planning Commission shall determine the boundary as follows:
A. Right-of-way. Boundaries that that approximately follow the centerlines of a
street, highway, alley, bridge, railroad or other right-of-way shall be construed to
follow such centerlines. Whenever any public right-of-way is lawfully vacated,
the lands formerly within the vacated right-of-way shall automatically be subject
to the same zoning district designation that is applicable to lands abutting the
vacated areas. In cases where the right-of-way formerly served as a zoning
district boundary, the vacated lands within the former right-of-way shall be
proportionally allocated to the abutting zoning districts.
B. Parcel, lot, tract. Boundaries indicated as approximately following the boundaries
of a parcel, lot, or tract shall be construed as following such boundaries.
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C. Jurisdiction Boundary. Boundaries indicated as approximately following a City or
County boundary, or the Urban Growth Boundary, shall be construed as following
said boundary.
D. Natural Features. Boundaries indicated as approximately following a river,
stream, topographic contour, or similar feature not corresponding to any feature
listed in subsection A-C above shall be construed as following such feature.
17.12.040 Zoning maps.
A zoning map or zoning map amendment adopted by Section 17.12.030 or by an
amendment to the section shall be prepared by authority of the city planning
commission or be a modification by the city council of a map or map amendments so
prepared. The map or map amendment shall be dated with the date of its approval by
the planning commission or the effective date of the ordinance that adopts the map or
map amendment. A certified print of the adopted map or map amendment shall be
maintained without change in the office of the city manager as long as the ordinance
codified in this title remains in effect. (Ord. 1969 §1(part), 2013; Ord. 1615 §4, 1989;
Ord. 1436 §2(part), 1981).
17.12.050 District--Boundaries.
Unless otherwise specified, district boundaries are lot lines, the centerlines of streets or
such lines extended. If a district boundary divides a lot into two districts, the entire lot
shall be placed in the district that accounts for the greater area of the lot by the
adjustment of the district boundary, provided the boundary adjustment is for a distance
not to exceed twenty feet. (Ord. 1436 §2(part), 1981).
17.12. 060 Zoning of annexed area.
All future annexations are expected to include only lands within the city’s urban growth
boundary (UGB). The comprehensive plan of Central Point includes a plan for future
land uses within the UGB area. The zoning map described in Section 17.12.030 is
consistent with the comprehensive plan and will determine the district into which a
newly annexed area is placed. The appropriate zoning district shall be applied to the
area upon annexation. (Ord. 1615 §5, 1989; Ord. 1436 §2(part), 1981).
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SECTION 11. CPMC Chapter 17.13, Exceptions to Code Standards, is hereby
amended in its entirety to read:
CPMC 17.13, Exceptions to Code Standards Adjustments and Variances
Sections:
17.13.100 Variances--Purpose.
17.13.200 Variances--Applicability.
17.13.300 Class A variances.
17.13.400 Class B variances.
17.13.500 Class C variances.
17.13.600 Variance application and appeals.
17.13.100 Variances--Purpose.
This chapter provides standards and procedures for variances, which are modifications
to land use or development standards that are not otherwise permitted elsewhere in this
title as exceptions to code standards. This chapter cannot provide standards to fit every
potential development situation. The city’s varied geography, and complexities of land
development, require flexibility. This chapter provides that flexibility, while maintaining
the purposes and intent of the code. The variance procedures provide relief from
specific code provisions when they have the unintended effect of preventing reasonable
development in conformance with all other codes. The variance procedures are
intended to provide flexibility while ensuring that the purpose of each development
standard is met. (Ord. 1874 §5(part), 2006).
17.13.200 Variances--Applicability.
A. Exceptions and Modifications Versus Variances. A code standard or approval
criterion (“code section”) may be modified without approval of a variance if the
applicable code section expressly allows exceptions or modifications. If the code section
does not expressly provide for exceptions or modifications, then a variance is required
to modify that code section and the provisions of this chapter apply.
B. Combining Variances with Other Approvals; Permit Approvals by Other Agencies.
Variance requests may be combined with and reviewed concurrently by the city
approval body with other land use and development applications (e.g., development
review, site design review, subdivision, conditional use, etc.); however, some variances
may be subject to approval by other permitting agencies, such as ODOT in the case of
state highway access.
C. Types of Variances. As provided in Sections 17.13.300, 17.13.400 and 17.13.500,
there are three types of variances (Class A, B, or C). The type of variance required
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depends on the extent of the variance request and the discretion involved in the
decision-making process. (Ord. 1874 §5(part), 2006).
17.13.300 Class A variances.
A. Applicability. The following variances are reviewed using a Type II procedure, as
governed by Chapter 17.05, using the approval criteria in subsection B of this section:
1. Front Yard Setbacks. Up to a ten percent change to the front yard setback standard
in the land use district.
2. Interior Setbacks. Up to a ten percent reduction of the dimensional standards for the
side and rear yard setbacks required in the base land use district.
3. Lot Coverage. Up to five percent increase of the maximum lot coverage required in
the base zone.
4. Landscape Area. Up to five percent reduction in landscape area (overall area or
interior parking lot landscape area).
B. Approval Criteria. A Class A variance shall be granted if the applicant demonstrates
compliance with all of the following criteria:
1. The variance requested is required due to the lot configuration, or other conditions of
the site;
2. The variance does not result in the removal of trees, or it is proposed in order to
preserve trees, if trees are present in the development area;
3. The variance will not result in violation(s) of any other adopted ordinance or code
standard. Each code standard to be modified shall require a separate variance request.
4. An application for a Class A variance is limited to one lot per application.
5. No more than three Class A variances may be approved for one lot or parcel in
twelve months. (Ord. 1874 §5(part), 2006).
17.13.400 Class B variances.
A. Applicability. Class B variance requests apply to the types of requests meeting the
approval criteria in subsections (B) through (G) of this section, and that conform to
subsections (A)(1) through (3) of this section. Class B variances shall be reviewed using
a Type III procedure, in accordance with Chapter 17.05:
1. The Class B variance standards apply to individual platted and recorded lots only.
2. The Class B variance procedure shall not be used to modify a standard for lots yet to
be created through a partition or subdivision process; such requests shall utilize the
Class C variance procedure.
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3. A variance shall not be approved that would vary the “permitted uses” or “prohibited
uses” of any zoning district.
B. Variance to Minimum Housing Density Standard. The city may approve a variance to
a minimum housing density standard after finding that the minimum housing density
cannot be achieved due to physical constraints that limit the division of land or site
development. “Physical constraint” means steep topography, unusual parcel
configuration, or a similar constraint. The variance approved shall be the minimum
variance necessary to address the specific physical constraint on the development.
C. Variance to Vehicular Access and Circulation Standards. Where vehicular access
and circulation cannot be reasonably designed to conform to code standards within a
particular parcel, shared access with an adjoining property shall be considered. If
shared access in conjunction with another parcel is not feasible, the city may grant a
variance to the access requirements after finding all of the following:
1. There is not adequate physical space for shared access, or the owners of abutting
properties do not agree to execute a joint access easement;
2. There are no other alternative access points on the street in question or from another
street;
3. The access separation requirements cannot be met;
4. The request is the minimum variance required to provide adequate access;
5. The approved access or access approved with conditions will result in a safe access;
6. The visual clearance requirements of this code will be met;
7. Variances for street access deviations shall be subject to review and approval by the
roadway authority;
8. Variances for access deviations on an ODOT or Jackson County right-of-way may
require approval, respectively, by ODOT or Jackson County.
D. Variance to Street Tree Requirements (Chapter 12.36). The city may approve,
approve with conditions, or deny a request for a variance to the street tree requirements
of this code after finding the following:
1. Installation of the tree would interfere with existing utility lines, and no substitute tree
with a lower canopy is appropriate for the site;
2. The tree would cause visual clearance problems; or
3. There is not adequate space in which to plant a street tree;
4. The city may require the installation of additional or replacement landscaping
elsewhere on the site (e.g., parking lot area trees) to compensate for the street tree
variance;
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5. Street tree approval or modification of standards within an ODOT or Jackson County
right-of-way may require approval, respectively, by ODOT or Jackson County.
E. Variance to Parking and Loading Standards.
1. The city may approve variances to the minimum or maximum standards for off-street
parking (quantities and dimensions of parking spaces) in this code upon finding all of
the following:
a. The individual characteristics of the use at that location require more or less parking
than is generally required for a use of this type and intensity, or modified parking
dimensions, as demonstrated by a parking analysis or other facts provided by the
applicant;
b. The need for additional parking cannot reasonably be met through provision of on-
street parking or shared parking with adjacent or nearby uses; and
c. All other code standards are met, in conformance with this code.
2. The city may reduce the number of required bicycle parking spaces as required by
this code, if the applicant can demonstrate that the proposed use by its nature would be
reasonably anticipated to generate a lesser need for bicycle parking.
3. The city may allow a reduction in the amount of vehicle stacking area required for
drive-through facilities if such a reduction is deemed appropriate after analysis of the
size and location of the development, limited services available and other pertinent
factors.
4. The city may modify the loading area standards if such a reduction is deemed
appropriate after analysis of the use, anticipated shipping or delivery traffic generated
by the use and alternatives for loading/unloading, such as use of on- or off-street
parking areas during nonbusiness hours; provided, that traffic is not impeded.
F. Variance to Maximum or Minimum Yard Setbacks to Avoid or Reduce Impacts to
Floodplains, Significant Trees, Wetlands, or Other Natural Features. The city may grant
a variance to the applicable setback requirements of this code for the purpose of
avoiding or reducing impact to floodplains, significant trees, wetlands, or other natural
features. Modification of the standard shall not be more than is necessary for the
preservation of the natural feature to be protected.
G. Variances to Transportation Improvement Requirements. The City may approve,
approve with conditions, or deny a variance to a transportation improvement standard
when the variance does not exceed ten percent of the standard. When a variance
request to the standards exceeds ten percent, then the request shall be reviewed as a
Class C variance. (Ord. 1874 §5(part), 2006).
17.13.500 Class C variances.
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A. Applicability. Class C variance requests are those that do not conform to the
provisions of Sections 17.13.300 and 17.13.400 (Class A and Class B), and that meet
the criteria in subsections (A)(1) through (4) of this section. Class C variances shall be
reviewed using a Type III procedure, in accordance with Chapter 17.05:
1. The Class C variance standards apply to individual platted and recorded lots only.
2. The Class C variance procedure may be used to modify a standard for three or fewer
lots, including lots yet to be created through a partition process.
3. An applicant who proposes to vary a standard for lots yet to be created through a
subdivision process may not utilize the Class C variance procedure. Approval of a
planned unit development shall be required to vary a standard for lots yet to be created
through a subdivision process where a specific code section does not otherwise permit
exceptions.
4. A variance shall not be approved that would vary the “permitted uses” or “prohibited
uses” of a zoning district.
B. Approval Process. Class C variances shall be processed using a Type III procedure,
as governed by Section 17.05.400, using the approval criteria in subsection C of this
section. In addition to the application requirements contained in Section 17.05.400, the
applicant shall provide a written narrative or letter describing his/her reasoning for the
variance, why it is required, alternatives considered, and compliance with the criteria in
subsection C of this section.
C. Approval Criteria. The city shall approve, approve with conditions, or deny an
application for a variance based on all of the following criteria:
1. The proposed variance will not be materially detrimental to the purposes of this code,
to any other applicable policies and standards, and to other properties in the same
zoning district or vicinity;
2. A hardship to development exists which is peculiar to the lot size or shape,
topography, or other similar circumstances related to the property over which the
applicant has no control, and which are not applicable to other properties in the vicinity
(e.g., the same zoning district);
3. The use proposed will be the same as permitted under this title and city standards will
be maintained to the greatest extent that is reasonably possible while permitting
reasonable economic use of the land;
4. Existing physical and natural systems, such as but not limited to traffic, drainage,
natural resources, and parks, will not be adversely affected any more than would occur
if the development occurred as specified by the subject code standard;
5. The hardship is not self-imposed; and
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6. The variance requested is the minimum variance that would alleviate the hardship.
(Ord. 1874 §5(part), 2006).
17.13.600 Variance application and appeals.
A. Application. The variance application shall conform to the requirements for Type I, II,
or III applications (Sections 17.05.200, 17.05.300, 17.05.400), as applicable. In addition,
the applicant shall provide a narrative or letter explaining the reason for his/her request,
alternatives considered, how the stated variance criteria are satisfied, and why the
subject standard cannot be met without the variance.
B. Appeals to variance decisions shall be processed in accordance with the provisions
of Chapter 17.05. (Ord. 1874 §5(part), 2006).
Sections:
17.13.100 Purpose
17.13.200 Adjustments
17.13.300 Variances
17.13.400 Expiration
17.13.100 Purpose.
This chapter provides standards and procedures for adjustments and variances,
which are deviations from development standards that are not otherwise
permitted elsewhere in this Title. The purpose of adjustments and variances is to
allow for reasonable use of land when varied geography and complexities of land
development require flexibility, especially housing development. The provisions
in this chapter do not aim to waive all land use regulations and do not allow uses
to be established that are not permitted in the zoning district in which the
adjustment or variance is located.
17.13.200 Adjustments.
Adjustments provide relief from specific code provisions when a code provision
has the unintended effect of preventing reasonable development in conformance
with all other code requirements. There are two categories of adjustments that 1)
apply to general development and design standards, and 2) apply to certain
housing developments established by SB 1537 and codified in ORS 197A.
Adjustments across both categories do not apply to the situations provided in
subsection (A). The standards and procedures for each adjustment type are set
forth in subsections (B) and (C) below.
A. Exclusions. Adjustments set forth in subsection (B) and subsection (C)
below do not include the following:
1. Allowing use of property that is not permitted in the zoning district in
which the adjustment is located;
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2. Regulations or requirements related to accessibility, fire ingress or
egress, safety, tree planting, hazardous or contaminated site
remediation, wildlife protection, affordability, or statewide land use
goals related to natural resources and natural hazards;
3. A complete waiver of regulations or any changes beyond the explicit
requested and allowed adjustments in subsections (B) and (C)
below; and
4.Deviations from requirements related to implementation of building
or fire codes, federal or state air, water quality or surface, ground or
stormwater requirements, or requirements of any federal, state or
local law other than a land use regulation.
B. General Adjustments.
1. Applicability. General adjustments are minor modifications to Code
standards that are intended to provide reasonable flexibility for
planned development with the exception of housing developments
that meet all of the standards and criteria in CPMC 17.13.400(B). The
Community Development Director or designee may adjust the
following standards using a Type II procedure set forth in CPMC
17.05.300:
i. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
ii. Lot Coverage: up to a 10 percent increase to the maximum lot
coverage.
iii. Lot Dimensions. Up to a 10 percent decrease to minimum lot
dimensions.
iv. Lot Area. Up to a 10 percent decrease to minimum lot area.
v. Other standards. Up to a 10 percent increase or decrease in a
quantitative (numerical) standard not listed above.
Adjustments do not apply to building code requirements,
engineering design standards, public safety standards, or
standards implementing state or federal requirements as
determined by the Community Development Director or
designee.
2. Approval Criteria. The Community Development Director or designee
may grant an adjustment upon finding that all of the following criteria
are met. The burden is on the Applicant to demonstrate compliance
with all of the criteria below:
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i. The Adjustment allows for a site and building plan that does
not create a substantial conflict with adjacent uses when
compared to development that would be permitted without the
adjustment.
ii. The Adjustment is necessary to allow for normal interior
building functions, such as mechanical equipment/utility
closets, heating and ventilation systems, restrooms,
stockrooms, shelving, and similar interior building functions;
iii. Approval of the Adjustment does not create (a) violation(s) of
any other adopted ordinance or code standard, and does not
create the need for a Variance;
iv. An application for an Adjustment is limited to one pre-existing
lot per application;
v. Requests for more than one Adjustment on the same lot shall
be consolidated on one application and reviewed concurrently
by the City;
vi. Not more than two Adjustments may be approved for one lot
or parcel; and,
vii. All applicable building code requirements and engineering
design standards shall be met.
17.13.300 Housing Adjustments
The standards and criteria below respond to mandatory requirement to adjust
housing development standards pursuant to SB 1537.
A. Applicability. Housing Adjustments are distinct deviations from
development and design standards provided in this section. The
Community Development Director housing development adjustment
requests using Type II procedures set forth in CPMC 17.05.300, except that
notice of decision is mailed only to the applicant when an application is
denied and only the applicant may appeal the decision. An application
qualifies for a housing adjustment under this section only when all of the
following conditions are met:
1. The application is for a building permit or Type III (quasi-judicial),
Type II (limited) or Type I (ministerial) land use decision;
2. The housing development site is zoned for residential uses,
including mixed-use;
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3. The residential density is at least 6 units per net acre;
4. The development is within the urban growth boundary on lands that
have been annexed into the city;
5. The development provides new housing units within a new housing
development including:
a. Single-family or multifamily dwellings;
b. Mixed-use residential projects where at least 75 percent of the
developed floor area will be used for residential uses;
c. Manufactured dwelling parks;
d. Accessory dwelling units; or
e. Middle housing as defined in ORS 197A.420;
6. The application requests no more than 10 adjustments to the
development and design standards in 17.13.200(C)(2) and meet at
least one of the approval criteria listed in 17.13.200(C)(3). Where a
development standard includes multiple design or development
components, each component standard shall be counted as an
individual adjustment.
7.The application provides facts and evidence that demonstrates how
at least one of the following criteria apply to the requested
adjustments:
a. Are necessary to enable housing development that is not
otherwise feasible due to cost or delay resulting from the
unadjusted land use regulations;
b. Are necessary to reduce sale or rental prices per residential
unit;
c. Result in increased number of housing units within the
housing development above what would occur without the
requested adjustments;
d. All of the units in the housing development are subject to an
affordable housing covenant as described in ORS 456.270 to
456.295, making them affordable to moderate income
households as defined in ORS 456.270 for a minimum of 30-
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years;
e. Enable provision of accessibility or visitability features in
housing units that are not otherwise feasible due to cost or
delay resulting from the unadjusted land use regulations; or,
f. All of the units in the housing development are subject to a
zero equity, limited equity or shared equity ownership model
including resident-owned cooperatives and community land
trusts making them affordable to moderate income
households as described in ORS 456.270 to 456.295 for a
period of 90-years.
B. Development and Design Standard Adjustments. Adjustments to qualified
housing developments pursuant to item (A) above shall be granted to the
following development and design standards:
1. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
2. Common area, open space or other landscape area. Up to a 25
percent reduction in the common area, open space or other area
required to be landscaped.
3. Minimum Lot Size and Dimensions. Up to a 10 percent decrease to
minimum lot size and up to a 10 percent decrease to minimum lot
width or depth requirements.
4. Maximum Lot Size. Up to a 10 percent increase to maximum lot size
and up to a 10 percent increase to maximum lot width or depth only
if the adjustment results in:
a. More dwelling units than would be allowed without the
adjustment; and,
b. No reduction in density below the applicable minimum
density.
5. Lot Coverage. Up to a 10 percent increase in building lot coverage.
6. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily and mixed use residential housing.
a. Bicycle Parking. Minimum bicycle parking may be reduced to 0.5
space per unit provided that bicycle parking is lockable, covered
and located within or adjacent to the housing development site;
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b. Middle Housing. Other than cottage clusters, middle housing
types defined in ORS 197.420A, may increase maximum building
height beyond applicable height bonuses, if any, up to one (1)
story or 20 percent of the base zone height.
7. Maximum Density. The maximum density may be exceeded no more
than an amount necessary to account for other adjustments granted
under this section;
8. Residential Use in Mixed Use Buildings. An adjustment shall be
granted to allow:
a. Residential use on the ground floor of a commercial mixed use
buildings except that one building within mixed-use development
that fronts and is within 20-ft of the street; and
b. Nonresidential uses that support residential uses including
lobbies, day care, passenger loading, community rooms, exercise
facilities, offices, activity spaces or live work spaces shall be
allowed unless specifically and clearly defined mixed-use areas
or commercial corridors designated by local governments
prohibit them;
9. Design Standards.
a. Facade materials, color or pattern;
b. Facade articulation;
c. Roof form and material requirements;
d. Garage door orientation unless the building is adjacent to or
across from a school or public park;
e. Window materials, except for bird-safe glazing requirements;
f. Up to a 30 percent decrease in total window area provided at least
12 percent of the primary facade consists of window area;
g. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily housing and mixed-use residential may
adjust the following design standards:
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i. Building orientation requirements, not including transit
street orientation requirements;
ii. Building height transition requirements that are not
more than a 50 percent adjustment from the base zone;
iii. Requirements for balconies and porches; and,
iv. Requirements for recesses and offsets.
17.13.300 Variances.
A. Applicability. A variance is an exception to a code standard that does not
otherwise conform to the provisions of Section 17.13.300 and that meets all
of the criteria in Section 17.13.400(B).
B. Approval Criteria. Variance requests are reviewed using a Type III
procedure in accordance with CPMC 17.05.400. Approval of a variance
must be based upon finding that all of the following criteria are met:
1. A hardship to development exists which is unique to the lot size or
shape, topography, or other similar circumstances related to the
property over which the applicant has no control, and which are not
applicable to other properties in the vicinity (e.g., the same zoning
district);
2. The variance is the minimum necessary to address the special or
unique physical circumstances that creates the hardship;
3. The hardship is not self-imposed;
4. Existing physical and natural systems, such as but not limited to
traffic, drainage, natural resources, and parks, will not be adversely
affected any more than would occur if the development occurred as
specified by the subject code standard
5. The variance will not be materially detrimental to adjacent property
owners or the public; and,
6. The variance does not conflict with other applicable city policies or
other applicable regulations.
17.13.400 Expiration.
Variance approvals shall expire after two (2) years from the effective date of
decision if the project has not been started, as evidenced by building permit
approved, and pursued to substantial completion such that the project is nearing
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certificate of occupancy. The Applicant may request a one (1) year extension in
accordance with the applicable land use procedures set forth in CPMC 17.05.
SECTION 12. CPMC Chapter 17.56, Nonconforming Uses, is hereby amended in
its entirety to read as follows:
CPMC 17.56, Nonconforming Uses Situations
Sections:
17.56.010 Purpose.
17.56.020 Definition.
17.56.030 Classification criteria.
17.56.040 Procedures for Class A designation.
17.56.050 Revocation of a Class A designation.
17.56.060 Regulations pertaining to Class A and Class B nonconforming uses.
17.56.010 Purpose.
The zoning map of the city of Central Point is required by law to be consistent with the
comprehensive plan map. In order to meet this consistency requirement, the city’s
zoning districts are established up to twenty years in advance of actual planned
development. As a result, many uses and structures in the city will become
“nonconforming uses” although they may be sound, well-maintained and attractive
assets to the community. The purpose of this chapter is to establish procedures for
dealing with nonconforming uses in a manner that will promote the implementation of
the comprehensive plan while providing temporary protection for nonconforming uses
that are sound, compatible, and not directly in the path of anticipated development.
(Ord. 1436 §2(part), 1981).
17.56.020 Definition.
“Legal nonconforming uses and structures” are those which do not conform to
provisions or requirements of the zoning ordinance or of the zoning districts in which
they are located, but were lawfully established prior to the effective date of the
ordinance codified in this title. (Ord. 1436 §2(part), 1981).
17.56.030 Classification criteria.
All nonconforming uses and structures within the city of Central Point shall be classified
as either Class A or Class B nonconforming uses, according to the following criteria:
A. Properties containing nonconforming uses or structures may be designated Class A
by the planning commission based upon findings that all of the following criteria apply:
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1. Continuance of the existing use or structure would not be contrary to the public
health, safety or welfare, or to the spirit of this title;
2. The continued maintenance and use of the nonconforming property is not likely to
depress the values of adjacent or nearby properties, nor adversely affect their
development potential in conformance with present zoning;
3. The use or structure was lawful at the time of its inception and no useful purpose
would be served by strict application of the provisions or requirements of this chapter
with which the use or structure does not conform;
4. The property is not predominantly surrounded; by conforming uses or structures and,
considering current growth and development trends, is not reasonably expected to
come under development pressures during the next five years;
5. The property is structurally sound, well-maintained, and occupied and used for the
purpose for which it was designed;
6. Continuance of this nonconforming use will not in any way delay or obstruct the
development or establishment of conforming uses on the subject property or on any
adjacent or nearby properties in accordance with the provisions of the zoning ordinance.
B. All nonconforming uses and structures not designated Class A shall become Class B
nonconforming uses or structures. (Ord. 1615 §10, 1989; Ord. 1436 §2(part), 1981).
17.56.040 Procedures for Class A designation.
A. All properties within the city of Central Point that meet the classification criteria listed
in Section 17.56.030(A) or (B) shall be identified on a map of the city kept in and
maintained by the planning department.
B. A request to change the designation of a property or group of properties may be
initiated by city staff, the planning commission, the city council, or by a property owner
or his representative by the following procedure:
1. A written application shall be filed setting forth the name and address of the applicant,
legal description of the property or properties affected, and other information as may be
necessary or helpful in decision-making;
2. The applicant shall state in the application the ways in which the property is, or will
be, consistent with each of the classification criteria listed in Section 17.56.030(A);
3. The application shall be scheduled for consideration at a regularly scheduled
planning commission meeting. A denial by the planning commission may be appealed
to the city council;
4. The application shall be accompanied by an application fee defined in the city’s
adopted planning application fee schedule;
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5. Because this procedure involves only a minor change in the designation of a
nonconforming use and does not involve a variance, conditional use permit, or
amendment to the zoning ordinance, comprehensive plan or related maps, public
hearings are not required;
6. The planning commission, or city council, upon appeal, may attach conditions,
including any time limit, where necessary, to assure that the use or structure does not
become contrary to the public health, safety or welfare or the spirit and purpose of this
title;
7. Upon approval of a designation change to Class A, such change shall be reflected on
the map of nonconforming uses, as described in subsection A of this section. (Ord.
1786 §7, 1998; Ord. 1684 §51, 1993; Ord. 1615 §11, 1989; Ord. 1436 §2(part), 1981).
17.56.050 Revocation of Class A designation.
A. Any Class A designation may be revoked, following the same procedure required for
designation, upon a finding that, as a result of any change of conditions, trends, use,
nearby development, or other circumstances, the use or structure no longer qualifies for
Class A designation.
B. Upon revocation of a Class A designation, the property and its structures and uses
shall revert to Class B nonconforming uses and subject to the regulations contained in
Section 17.56.060(B). (Ord. 1436 §2(part), 1981).
17.56.060 Regulations pertaining to Class A and B nonconforming uses.
A. The following regulations shall apply to all designated Class A nonconforming uses
and structures:
1. Class A nonconforming uses and structures shall be permitted to continue in
accordance with the provisions and requirements of the most restrictive zoning district in
which the use or structure would normally be listed as a permitted use; or conditional
use if not listed as a permitted use in any district;
2. Existing legal nonconforming structures and uses shall be permitted to expand,
remodel, or otherwise be physically or structurally improved, provided such
improvements are in accordance with all applicable codes in effect at the time of the
improvements;
3. A Class A nonconforming use shall not be resumed if it has been discontinued for a
continuous period of at least twelve months or if it has been changed to a conforming
use for any period;
4. No Class A structure or property shall be used, altered or enlarged in violation of any
condition that was imposed by the planning commission or city council at the time of its
designation as Class A;
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5. If a nonconforming structure, or structure containing a nonconforming use, is
destroyed by any cause to an extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, a future structure or use on that
property shall conform to the regulations for the district in which it is located; provided,
however, that this subsection shall not apply to buildings which have been designated
by the city as historic buildings pursuant to Chapter 17.70 of this title;
6. Nothing contained in this title shall require any change in the plans, construction,
alteration or designated use of a structure for which a valid building permit existed prior
to the adoption of the ordinance codified in this title, except that if the use will be
nonconforming and designated Class A, it shall be subject to all appropriate provisions
of this section and shall be considered discontinued if not in operation within one year of
the date of issuance of the building permit. The owner of such discontinued use may
apply for reinstatement of the Class A nonconforming use designation by following the
procedure established in Section 17.56.040(B) of this chapter.
B. The following regulations shall apply to all designated Class B nonconforming uses
and structures:
1. Routine maintenance, upkeep, and structural repairs may be performed on a Class B
nonconforming use, site or structure;
2. In no case shall a nonconforming use be enlarged or otherwise expanded, and no
structure, the use of which is nonconforming, shall be moved on the lot, altered or
enlarged, nor shall the floor space allocated to a nonconforming use be moved, altered
or enlarged, unless required by law or unless such moving on the lot, alteration or
enlargement will result in the elimination of the nonconforming use;
3. The planning commission, or city council, on appeal may grant an application for a
change of use, filed in accordance with Chapter 17.76 of this title if, on the basis of the
application and the evidence submitted, the following findings are made:
a. That the proposed use will not more adversely affect the character of the district or
neighborhood in which it would be located than did the existing or preexisting use,
b. That a nonconforming use of a building may be extended throughout those parts of a
building which were designed or arranged for such use prior to the date when such use
became nonconforming; provided, that no structural alterations are made other than
those required by law;
4. If a Class B nonconforming structure, or structure containing a nonconforming use, is
destroyed by any cause to an extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, any future structure or use on that
property shall conform to the regulations for the district in which it is located;
5. If any Class B nonconforming use has been changed to a conforming use, or if the
nonconforming use of any building, structure, or premises ceases for a period of six
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months or more, said use shall be considered abandoned, and said building, structure
or premises shall thereafter be used only for uses permitted as a matter of right or as a
conditional use in the district in which it is located;
6. Nothing contained in this title shall require any change in the plans, construction,
alteration or designated use of a structure for which a valid building permit existed prior
to the adoption of the ordinance codified in this title, except that if the use will be
nonconforming and designated Class B, it shall be subject to all appropriate provisions
of this section and shall be considered discontinued if not in operation within one year of
the date of issuance of the building permit;
7. If a Class B nonconforming structure containing a nonconforming use is removed
from a lot, any future structure on that property shall conform to the regulations for the
district in which the lot is located. (Ord. 1762 §1, 1997; Ord. 1615 §47, 1989; Ord. 1451
§1, 1982; Ord. 1436 §2(part), 1981).
Sections:
17.56.010 Purpose.
17.56.020 Nonconforming Use.
17.56.030 Nonconforming Development.
17.56.040 Nonconforming Lot.
17.56.010Purpose.
The purpose of this chapter is to establish standards and procedures for the
continuation of uses and developments that are lawfully established but do not
comply with the current Code standards (“nonconforming situations”). It is the
intent of this Chapter to protect the public health, safety and welfare while
allowing reasonable use of private property. There are three nonconforming
situations addressed in this chapter as follows:
A. Nonconforming uses (e.g. industrial use in residential zone) are subject to
subsection 17.56.020.
B. Nonconforming developments (e.g. a structure does not meet setback,
height or other development standards) are subject to subsection
17.56.030.
C. Nonconforming lots (e.g. a lot is smaller than the minimum area standards)
are subject to subsection 17.56.040.
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17.56.020Nonconforming Use.
Nonconforming uses that were lawfully established, but that would not be
permitted under the current Code, may continue subject to conformance with the
following requirements:
A.Location. The nonconforming use shall not be moved in whole or in part
from one lot to another lot, except to bring the use into conformance with
this Code.
B.Expansion. A nonconforming use may be expanded up to 20% of the
subject site or building area provided that the expansion does not create
any new, or expand any existing, physical nonconformity of the site or
building. Expansions authorized herein shall be processed using Type I
land use procedures set forth in CPMC 17.05.200.
C.Discontinuation or Abandonment. A nonconforming use that is
discontinued for any reason for more than 12 months shall be deemed
abandoned and no longer be an allowed use. For purposes of calculating
the 12 month period, a use is discontinued when:
1.The use of land is physically vacated;
2.The use ceases to be actively involved in the sale of merchandise or
the provision of services; for example, as evidenced by the removal
of signs, goods, stock or office equipment, or the disconnection of
telephone or utility service;
3.Any lease or contract under which the nonconforming use has
occupied the land is terminated; or,
4.A request for final reading of water and power meters is made to
applicable utility districts.
17.56.030Nonconforming Development
Nonconforming developments include structures, buildings, and site
improvements that were lawfully established but that include conditions that
could not be built under the terms of the current Code, due to changes in
development standards, such as, lot coverage, setbacks, building height, access,
landscaping, parking or other standards. Nonconforming development may
remain on the site so long as it remains otherwise lawful and complies with the
following regulations:
A. Alterations. A nonconforming development can be enlarged or altered in a
way that does not increase its nonconformity, through a Type I review. For
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example, an addition to an existing building that does not meet a required
setback could be approved provided the building line does not further
encroach on the nonconforming setback.
B. Destruction. In the event a nonconforming development or nonconforming
portion of a development is destroyed by fire, flood or other catastrophe
beyond the owner’s control, the nonconforming development may be
reconstructed within 24 months in a manner that does not increase the
nonconformity as it existed before the event. If the development is not
reconstructed and received certificate of occupancy or is substantially
complete within 24 months, the nonconformity shall no longer be allowed
and reconstruction shall only be in full conformity with this Code.
C. Roadway Access. Notwithstanding the foregoing provisions, the owner of a
nonconforming driveway approach or access to a public street or highway,
upon receiving land use or development approval, may be required as a
condition of approval to bring the nonconforming access into conformance
with the standards of the applicable roadway authority.
D. Relocation or Removal. Once a nonconforming structure or a portion of a
nonconforming structure or development is moved, it shall thereafter
conform to current standards.
CPMC 17.56.040 Nonconforming Lot
A. A lot of record, or a parcel of land for which a deed or other instrument
dividing the land was recorded with Jackson County prior to May 5, 1980,
which has an area or dimension less than required by this code, shall be
considered legally nonconforming and may be developed and occupied by
a permitted use subject to compliance with the minimum standards of this
code.
B. The taking by eminent domain action of a portion of an existing legal
nonconforming lot shall not affect the legal right of the owner to use the
remainder of such lot in any manner that would have been legal prior to the
taking.
C. If, by the taking by eminent domain action of a portion of a lot, which
includes a legal non-conforming sign(s), said sign(s) may be moved to
another location on the remaining portion of the lot, as permitted by the
Planning Director (or designee), with the signs retaining their legal
nonconforming status. Such relocated sign shall otherwise be in
conformance with all standards of the Zoning Code.
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SECTION 13. CPMC Chapter 17.57, Fences, is hereby amended in its entirety to
read as follows:
CPMC 17.57, Fences
Sections:
17.57.010 Applicability. Chapter application.
17.57.020 General regulations.
17.57.030 Fences in the stream setback area.
17.57.040 Prohibited fence types.
17.57.045 Battery Operated Fences
17.57.050 Violation--Penalty.
17.57.010 Chapter application.
This chapter will apply to all zone classifications within the city as listed in this title. All of
the provisions of Chapters 12.20 and 17.67 relating to the location, placement, and
height of fences are also applicable to fences affected by this chapter. (Ord. 1981 §2
(Exh. B) (part), 2014; Ord. 1846 §2(part), 2003).
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a
public right-of-way, per Section 12.20.020. Fences in the floodplain are regulated
in accordance with the provisions established in Section 8.24.260(A).
B. Building Permits. A building permit for the following structures shall be
accompanied by a permit fee and a plan review fee in an amount based on
valuation per the building department fee schedule as adopted by the city:
1. Barriers around swimming pools, as required by the 2023 Oregon
Residential Specialty Code 2003 State of Oregon Dwelling Specialty Code,
Chapter 41 and Appendix G; and the 2022 Oregon Structural Specialty
Code. 1998 Oregon Structural Specialty Code, Appendix Chapter 4;
2. Retaining walls over four feet in height measured from the bottom of the
footing to the top of the wall; and
2.Retaining walls, any height, supporting a surcharge regulated building or
restraining material that, if not restrained could impact a regulated
building.
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3. Electrified fences, any height, except where the code provides
otherwise.
C. Setbacks and Design Criteria.
Table 17.57.01 – Fence Regulations
R-L R-1 R-2 R-3 C-N C-
2(M)C-4 C-5 M-1 M-2 Civic
Maximum Fence Height 6'6'6'6'6'6'6'6'6'
8’
6'
8’
8’
Fence Permit Required a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-
1
a,
a-
1
a,
a-1
Front Yard Setback For 6' Fences
6’ and Greater
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20’
Side Yard Setback 0'0'0'0'0'0'0'0'0'0'0’
Rear Yard Setback 0'0'0'0'0'0'0'0'0'0'0’
Corner Lot 10'
c
10'
c
10'
c
10'
c
10'
c
g
10'
c
10'
c
g
10'
c
g
10'
c
g
10'
c
g
10'
c
g
Masonry Walls, Retaining Walls,
Fences Over 6' in Height
e e e e e e e e e e e
Fences in Floodplain or Drainage
Easements
e e e e e e e e e e e
Setbacks for Gates 20'20'20'20'20'20'20'20'20'20'e
Variances f f f f f f f f f f e
a: An encroachment permit is required for fences constructed in the public right-of-way.
a-1: A building permit is required for fencing around swimming pools, masonry walls and retaining walls.
b: Forty-two-inch-high maximum fence height allowed within front yard setback area.
c: No fencing will conflict with the sight distance requirements set by Section 17.60.110 and
Chapter 17.60.
d: Fence height will be measured from the finished grade on the side nearest the street.
e: See Section 8.24.260(A) for specific fence construction standards for fences located in or adjacent to a
recognized floodplain. No fence shall impede or divert the flow of water through any drainage easement
unless it can be determined that the fence will not adversely impact any property owner and will not
adversely impact the overall drainage system.
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f: Requests for exceptions to the standards in Table 17.57.01 shall be made by application in accordance
with Chapter 17.13.
g. Corner setback shall be the street frontage minimum planting area width based on street
classification pursuant to CPMC 17.75.039(G), Table 17.75.03.
(Ord. 2014 §8, 2015; Ord. 1981 §2 (Exh. B) (part), 2014; Ord. 1969 §1(part), 2013; Ord. 1948 §1, 2011;
Ord. 1846 §2(part), 2003).
17.57.030 Fences in the stream setback area.
Fences are prohibited inside floodways as designated on the Federal Insurance Rate
Maps (FIRMs) for the city of Central Point. However, some types of fences and other
improvements can be allowed within the recommended building setbacks for properties
abutting a stream subject to the criteria set forth in Section 8.24.260(A). (Ord. 1948 §2,
2011; Ord. 1846 §2(part), 2003).
17.57.040 Prohibited fence types.
1. Barbed wire fencing or other like material, which creates an unreasonable or
unnecessary risk of injury.
2. Block or retaining walls, which create impervious water barriers within a stream
setback area as provided in Section 8.24.260. (Ord. 1948 §3, 2011; Ord. 1846
§2(part), 2003).
3.It shall be unlawful to install, maintain or operate an electrified fence in
violation of this section. The construction and use of electrified fences
shall be allowed in the city only as provided in this section, and sections
17.57.010 to 17.57.030 subject to the following standards. For purposes of
this section an electrified fence is any fence, barrier or enclosure partially
or totally enclosing a building, field or yard, carrying any electrical pulse or
charge through any part, section or element thereof. Electrified fence does
not include underground wireless fencing (invisible fencing) which
consists of an electronic system that uses a buried wire and radio signal to
keep dogs or other animals from leaving the yard, which is permitted in any
zone. Electrified fence does not include a battery charged fence, as defined
in section 17.57.045 below.
a.Electrified Fences shall be permitted in the M-1 and M-2 zone subject to
compliance with the standards below. Electrified fences are prohibited
in all other zones.
b.Permitted Electrified fences shall comply with the following:
A.Permits Required. Electrified fences shall only be installed under a
permit issued by the Building Department. Prior to initially energizing
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an electrified fence, the property owner or owner’s agent shall
contact the Fire Department to ensure fire officials inspect the
premise for compliance and the location is added to the Fire
Department’s electrified fence registration list.
B.Electrification. The electric charge produced by the fence upon
contact shall be non-lethal, and shall not exceed the energizer
characteristics set forth in the International Electrotechnical
Commission (IEC) Standard No. 60335-2-76, 2018 edition. All
electrical components shall bear the label of a testing agency
recognized by the State of Oregon Department of Consumer and
Business Services, Building Codes Division. The electrified fence
shall be installed and used in accordance with the Oregon Electrical
Specialty Code and Oregon Structural Specialty Code, the listing,
and the manufacturer’s installation instructions.
i.The energizer for electrified fences shall be driven by a
commercial storage battery or batteries, not to exceed 12 volts
DC. The storage battery or batteries may be charged either by a
solar panel, or a commercial trickle charger, or a combination of
both. AC current shall not be used to energize any electrified
fence.
C.Fence Details. Electrified fences shall be constructed in the following
manner:
i.Maximum Height. Electrified fences shall not exceed 8 feet in
height.
ii.Perimeter Fence. No electrified fence shall be installed or used
unless it is completely surrounded by a non-electrified perimeter
fence in order to separate the electrified fence from the abutting
property line and right-of-way. The non- electrified perimeter
fence shall be installed under the regulations and height
limitations in CPMC Chapter 17.57. The minimum height for the
non-electrified perimeter fence shall be six feet. The electrified
and non- electrified perimeter fence shall be separated by no
more than 12 inches.
iii.Setbacks. Electrified fences shall not be located in the front yard
setback, required landscaping areas, or required bufferyard
areas. No electrified fence shall be installed within 12 inches/feet
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of a property line.
iv.Fence Standards in conjunction with a Bufferyard. When a
bufferyard exists, the applicant shall provide photographs of the
existing fence or wall and vegetation. When a bufferyard does
not exist and is required under current code, the non-electrified
fence or wall shall be of solid construction (e.g. wood, concrete,
masonry block) and the minimum height shall be eight feet and
can be located at the property line.
D.Warning Signs. Electrified fences shall be clearly identified with
warning signs in English and in Spanish that read: "Warning-Electric
Fence" and include the international symbol for an electrical hazard
at intervals not to exceed thirty feet. The warning signs shall be
mounted on both sides of the electrified fence. The signs shall be
reflective with a minimum two-inch letter height, minimum stroke of
one-half inch and with a contrasting background.
E.Emergency Access. Fire Department access shall be provided in
accordance with the Fire Code and the Oregon Structural Specialty
Code. When a vehicle gate opens automatically, it shall open using a
sensing device approved by the Fire Department. The vehicle gate
shall provide a means for the Fire Department to egress through the
gate. Power to the electrified fence, excluding gate opening controls,
shall be deactivated upon automatic Fire Department access through
the gate. In addition, an approved Knox key box or approved
equivalent shall be provided at an exterior location for any keyed
locks or keyed gates for immediate emergency access necessary for
life-saving or fire-fighting purposes. An approved method to
manually disconnect electrical power to all portions of the fence and
gates, such as a “Knox Remote Shunt Control Station”, shall be
provided at an exterior location. The method and location of both the
key box and the electrical disconnect shall be approved by the
Medford Fire Code Official.
F.Hours of Operation. An electrified fence shall only be energized
during the hours when the general public does not have legal access
to the protected property.
G.Surveillance. Electrified fences shall be part of a functioning security
system and monitored 24 hours a day.
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H.Compliance. In addition to the remedies set forth in CPMC 17.57.050,
failure to maintain an electrified fence in conformance with the
standards set forth in this section may result in the fence being
declared a public nuisance subject to abatement under Central Point
Municipal Code 8.04.
17.57.045 Battery-charged Fence.
A. Definitions.
1. A “battery charged fence” means a fence that interfaces with an alarm
system in a manner that enables the fence to cause the connected
alarm system to transmit a signal intended to summon law
enforcement in response to an intrusion and has an energizer that is
driven by battery.
2. An “alarm system” means any electrical, mechanical or electronic
device or sensor used to prevent, detect or alert law enforcement or
occupants of burglary, theft, or intrusion of a structure or a vehicle
used as a commercial structure.
B. Standards.
1. A battery-charged fence:
a. Must use a battery that is not more than 12 volts of direct
current;
b. Must produce an electric charge on contact that does not
exceed energizer characteristics set for electric fence
energizers by International Electrotechnical Commission (IEC)
standards;
c. Must be surrounded by a nonelectric perimeter fence or wall
that is not less than five feet in height;
d. May not be higher than the greater of 8 feet in height or two
feet higher than the height of the nonelectric perimeter fence
or wall, whichever is less;
e. Must be marked with conspicuous warning signs that are
located on the fence at not more than 30-foot intervals and that
read: “WARNING: ELECTRIC FENCE.”
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f. Shall not be installed in any property zoned for, or in use as,
residential property; and
g. Must obtain an alarm permit from the city if such permit
requirements exist.
17.57.050 Violation--Penalty.
Upon discovering any violation of the restrictions imposed by this chapter, except a
violation of Section 12.20.020, enforcement will be governed by the provisions of
Chapter 17.04.090. (Ord. 1969 §1(part), 2013; Ord. 1846 §2(part), 2003).
SECTION 14. CPMC Section 17.60.190 is hereby amended in its entirety to read
as follows:
A. Purpose and Scope. Home occupations are activities accessory to
residential uses. The intention of the home occupation permit for residential
zones is to provide for a limited service-oriented business activity which is
conducted in such a manner that the residential character of the building and the
neighborhood is preserved. Home occupations have special regulations that
apply to ensure that they will not be a detriment to the character and
livability of the surrounding neighborhood and remain subordinate to the
residential use, and that the residential viability of the dwelling is
maintained.
B. Permit Transfers. No permit for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than the person
named therein to commence or carry on the occupation for which the permit was
issued.
C.Prohibited Uses. The following uses are prohibited as a home occupation:
1. Any type of business or occupation involving repair, assembly, body
work or painting of vehicles, recreational vehicles, boats, or equipment
with internal combustion engines (such as autos, motorcycles,
scooters, snowmobiles, outboard marine engines, lawn mowers, chain
saws, and other small engines) or of large appliances (such as washing
machines, dryers, and refrigerators) or any other work related to
automobiles and their parts;
2. Motor vehicle sales;
3. Junk and salvage operations;
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4. Headquarters or dispatch centers where employees come to the site
and are dispatched to other locations.
5. Any home occupation in which one or more employees or more than 3
customers come to the site. Examples are counseling, tutoring, hair
cutting/styling, and/or nail salon.
C. D. Permit Required. The city manager, or his designate, The Planning Director or
their designee (the “director”) shall issue a home occupation permit as a Type I
Review if, and only if, he the Director finds that all of the following the criteria stated in
CPMC 17.60.190.E are, and will be, met by the individual applicant. The permit may
include conditions setting an expiration date, requiring periodic review and renewal,
requiring the applicant to sign an acknowledgement of the conditions, or other
conditions specifically dealing with the property use involved, where such conditions are
found to be reasonably necessary to maintain the criteria herein mentioned. Home
occupation permits are a renewable and revocable permit for a one-year period.
Permits may be renewed for one-year periods upon payment of a renewal fee, and
continued compliance with this chapter, and further provided that the permit has
not been revoked pursuant to the provisions of 17.60.190.G below.
E. Home Occupation Standards. A home occupation permit must satisfy the
following criteria:
1. Subject to the limitations of subsection E.2 below, the The home occupation
must be conducted solely within the confines of an completely within enclosed
structures on the site (accessory structure, garage, or the main dwelling) and, if
within the main dwelling, the home occupation shall not exceed ten percent of the
total floor area;
2. Carports shall not be used for the home occupation. A portion of a garage may
be used for the home occupation only if the applicant can show that there will be
no resulting loss in the number of required off-street parking spaces;
3. No signs associated with such a use shall be permitted;
4. The occupation shall be conducted by a member or members of the family
persons lawfully residing in the dwelling on the property as an incidental use to
the primary residential use. No additional person or persons shall be employed;
5. In conducting the home occupation, there shall be no mechanical noise so loud,
unusual, or penetrating as to cause discomfort or annoyance to adjacent residents;
no such noise shall be perceptible on any adjacent property; Reserved.
6. The home occupation shall not have utility services other than those required for
normal residential use;
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7. There shall be no entrance nor exit specifically provided in the dwelling or on the
premises for the conduct of the home occupation;
8. The home occupation use shall not generate more than ten vehicle trips per day
(deliveries and/or customers), not counting the vehicle trips not associated with
the home occupation use. Each departure from and each arrival to the
property shall be counted as a separate trip;
9. The electrical, plumbing or structural elements of the dwelling shall not be
significantly altered in order to accommodate the home occupation;
10. The yards, landscaping and exterior of the structure shall not be altered from
their residential character in order to make the site appear to be a commercial
business.
11. Outdoor storage, including but not limited to trailers, inventory, supplies,
equipment or goods, visible from the public right-of-way or adjacent
properties or common areas is prohibited.
F. Impact-Related Standards
1. Hazardous substances. Hazardous substances are prohibited, except
that consumer quantities are allowed. Consumer quantities of hazardous
substances are packaged and distributed in a form intended or suitable for sale
through retail sales outlets for consumption by individuals for purposes of
personal care and household use.
2. Noise. The maximum noise level for a home occupation is 50 dBA. Noise
level measurements are taken at the property line. Home occupations that
propose to use power tools must document in advance that the home occupation
will meet the 50 dBA standard.
3. Vehicles. No more than one vehicle may be used in association with the
home occupation. The maximum size of the vehicle used in association with the
home occupation is a pickup truck in the medium truck category.
4. Deliveries. Truck deliveries or pick-ups of supplies or products,
associated with the home occupation, are allowed at the home only between 8 am
and 5 pm. Vehicles used for delivery and pick-up may not include heavy trucks.
F.D. Fee Required. At the time of application to the city manager, or his designate, for a
home occupation permit, the applicant is required to pay, in addition to an annual
business license fee, a fee defined in the city’s adopted planning application fee
schedule. This application fee is nonrefundable.
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G.E. Revocation/Termination.
1. The permit may be revoked by the city manager director, if the director
determines that a violation of the permit requirements or conditions exists.
Determinations that a home occupation is in violation include but are not limited
to:
a. Generation of excessive traffic;
b. Monopoly of on-street parking spaces;
c. Frequent deliveries and pickups by motor freight trucks;
d. Excessive noise;
e. Smoke, fumes or odors in excess of those created by normal residential
use;
f. Failure to meet or maintain compliance with this chapter.
g. Other offensive activities not in harmony with a residential
neighborhood.
. for violation of any conditions imposed or authorized, or when it has been found
that the occupation is being conducted in violation of any state statute or city ordinance
in a disorderly manner, to the detriment of the public, or when the occupation is being
carried out by a person other than that named on the permit. The city manager, before
revoking a permit, shall give the permittee reasonable notice and an opportunity to be
heard.
h. Failure to pay the renewal fee by the anniversary date of the permit.
2. Notice of Violation. Upon a determination by the director that a violation
exists, the permit holder will be notified of the violation by certified letter at the
address listed on the permit, and the time period in which the violation must be
corrected. If the alleged violation has not been corrected within 15-days of the
date of the letter, or appealed the notice of violation within 10-days as provided in
subsection (3) below, the director may revoke said permit.
3. Upon Notice of Violation of the permit, an appeal of the decision may be
made to the planning commission, as provided in CPMC 17.60.170. The
revocation of the home occupation permit does not take effect until the expiration
of the appeal period, or in the event of a timely appeal, final determination of the
appeal. The planning commission, upon hearing the evidence may:
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a. Approve the use as it exists;
b. Require the use be terminated; or
c. Impose appropriate restrictions such as limiting hours of operation,
establishing a phase-out period, or other measure ensuring compatibility with the
residential character of the neighborhood.
H.. G.Existing Uses. Persons engaged in home occupations lawfully in existence on
residentially-owned premises on the effective date of the amendment codified in this
section may continue to thus operate but shall be required to secure a permit
hereunder, and any such activity, use, or accessory sign, device or structure, or part
thereof, which does not conform to this section shall not be permitted to expand or
enlarge and shall be removed or terminated upon (1) change of use or ownership of the
premises; or (2) written complaint of adjacent neighboring property owners, after due
notice and hearing, if the city manager director finds that the interference with the use
and enjoyment of the neighboring premises is such as to defeat the purpose of the
zoning ordinance; or (3) upon expiration of a permit term issued prior to adoption
of this ordinance.
I.H. Nothing in this section or any other code provision shall be construed to require the
issuance of a home occupation permit for a “residential home” or a “residential facility,”
as those terms are defined in Oregon Revised Statutes 197.660. (Ord. 1969 §1(part),
2013; Ord. 1786 §8, 1998; Ord. 1735 §1, 1996; Ord. 1711 §2, 1994; Ord. 1471 §1,
1982; Ord. 1436 §2(part), 1981).
SECTION 15. CPMC Chapter 17.76, Conditional Use Permits, is hereby amended
in its entirety to read as follows:
CPMC 17.76, Conditional Use Permits
Sections:
17.76.010 Purpose.
17.76.011 Approvals Process Application and review.
17.76.020 Submittal Requirements Information required.
17.76.040 Criteria, Standards and Conditions of Approval Findings and conditions.
17.76.060050 Expiration.
17.76.070060 Revocation.
17.76.080 Appeal.
17.76.090 Effect.
17.76.110 Mapping.
17.76.120 Change of ownership.
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17.76.010 Purpose.
In certain districts, conditional uses are permitted subject to the granting of a conditional
use permit. Because of their There are certain uses, which due to the nature of their
impacts on surrounding land uses and public facilities require a case-by-case
review and analysis. Conditional uses are identified in each zoning district
chapter within this title. The purpose of this chapter is to provide procedures and
standards for permitting conditional uses and to consolidate conditional use
permit and site plan and architectural review as one application when site
development is proposed in conjunction with a conditional use. (Ord. 1436
§2(part), 1981).
17.76.011 Approvals Process. Application and review.
A. Review Procedure. In accordance with CPMC 17.05.100, Table 17.05.01,
Conditional Use Permits are subject to Type III review procedures in
CPMC 17.05.400.
B. Exempt from Separate Site Plan and Architectural Review. When an
application for conditional use permit includes new construction and/or
site development, a separate site plan and architectural review
application is not required.
C. Modifications. Modifications to an approved conditional use permit are
subject to CPMC 17.09, Modifications to Approved Plans and Conditions
of Approval. (Ord. 1786 §10, 1998; Ord. 1436 §2(part), 1981).
17.76.020 Submittal Requirements. Information required.
In addition to the submittal requirements for Type III review under CPMC
17.05.400, applications for conditional use permits shall include a description of
existing conditions, a site plan and information on any recorded and proposed
restrictions or covenants and applicable information for Site plan and
Architectural Review submittal requirements in CPMC 17.72.030(B) and (C). An
application for a Conditional Use Permit shall also contain a narrative report or
letter responding to the approval criteria in Section 17.76.040 below.
An application for a conditional use permit shall include the following information:
A. Name and address of the applicant;
B. Statement that the applicant is the owner of the property or is the authorized agent of
the owner;
C. Address and legal description or the assessor’s parcel number of the property;
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D. An accurate scale drawing of the site and improvements proposed. The drawing
must be adequate to enable the planning commission to determine the compliance of
the proposal with the requirements of this title;
E. A statement indicating the precise manner of compliance with each of the applicable
provisions of this title together with any other data pertinent to the findings prerequisite
to the granting of a use permit. (Ord. 2014 §12, 2015; Ord. 1436 §2(part), 1981).
17.76.040 Findings and conditions.
The planning commission in granting a conditional use permit shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate
the use and to meet all other development and lot requirements of the subject zoning
district and all other provisions of this code;
B. That the site has adequate access to a public street or highway and that the street or
highway is adequate in size and condition to effectively accommodate the traffic that is
expected to be generated by the proposed use;
C. That the proposed use will have no significant adverse effect on abutting property or
the permitted use thereof. In making this determination, the commission shall consider
the proposed location of improvements on the site; vehicular ingress, egress and
internal circulation; setbacks; height of buildings and structures; walls and fences;
landscaping; outdoor lighting; and signs;
D. That the establishment, maintenance or operation of the use applied for will comply
with local, state and federal health and safety regulations and therefore will not be
detrimental to the health, safety or general welfare of persons residing or working in the
surrounding neighborhoods and will not be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the community based on
the review of those factors listed in subsection C of this section;
E. That any conditions required for approval of the permit are deemed necessary to
protect the public health, safety and general welfare and may include:
1. Adjustments to lot size or yard areas as needed to best accommodate the proposed
use; provided the lots or yard areas conform to the stated minimum dimensions for the
subject zoning district, unless a variance is also granted as provided for in
Chapter 17.13,
2. Increasing street widths, modifications in street designs or addition of street signs or
traffic signals to accommodate the traffic generated by the proposed use,
3. Adjustments to off-street parking requirements in accordance with any unique
characteristics of the proposed use,
4. Regulation of points of vehicular ingress and egress,
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5. Requiring landscaping, irrigation systems, lighting and a property maintenance
program,
6. Regulation of signs and their locations,
7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial
composition to eliminate or reduce the effects of noise, vibrations, odors, visual
incompatibility or other undesirable effects on surrounding properties,
8. Regulation of time of operations for certain types of uses if their operations may
adversely affect privacy of sleep of persons residing nearby or otherwise conflict with
other community or neighborhood functions,
9. Establish a time period within which the subject land use must be developed,
10. Requirement of a bond or other adequate assurance within a specified period of
time,
11. Such other conditions that are found to be necessary to protect the public health,
safety and general welfare,
12. In considering an appeal of an application for a conditional use permit for a home
occupation, the planning commission shall review the criteria listed in
Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684 §72, 1993; Ord. 1615 §55, 1989;
Ord. 1533 §1, 1984; Ord. 1436 §2(part), 1981).
17.76.040 Criteria, Standards and Conditions of Approval
The Planning Commission shall approve, approve with conditions, or deny an
application for a conditional use permit, including requests to enlarge or alter a
conditional use, when all of the criteria and standards in item (A) can be met
outright or as conditioned in accordance with item (B), below.
A. Approval Criteria
1. The site size, dimensions, location, topography, and access are
adequate for the needs of the proposed use, considering the proposed
building mass, parking, traffic, noise, vibration, exhaust/emissions,
light, glare, erosion, odor, dust, visibility, safety, and aesthetic
considerations;
2. The negative impacts of the proposed use, if any, on adjacent properties
and on the public can be mitigated through application of other Code
standards, or other reasonable conditions of approval;
3. All required public facilities, including water, sanitary sewer, and
streets, have adequate capacity or are to be improved to serve the use,
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consistent with City standards; and,
4. A conditional use permit shall not allow a use that is prohibited or not
expressly allowed in the base zoning district; nor shall a conditional use
permit grant a variance without a variance application being submitted
and reviewed along with the conditional use application.
5. Proposed site development and new construction, if applicable, meets
the criteria in CPMC 17.72.040 outright or as conditioned in accordance
with CPMC 17.72.050.
B. Conditions of Approval. The City may impose conditions that are found
necessary to ensure that the use is compatible with other uses in the
vicinity, and that the negative impact of the proposed use on the
surrounding uses and public facilities is minimized. These conditions
include, but are not limited to, one or more of the following:
1. Limiting the hours, days, place, and/or manner of operation;
2. Requiring site or architectural design features which minimize
environmental impacts such as noise, vibration, exhaust/emissions,
light, glare, erosion, odor, and/or dust;
3. Requiring larger setback areas, lot area, and/or lot depth or width;
4. Limiting the building or structure height, size, lot coverage, and/or
location on the site;
5. Designating the size, number, location, and/or design of vehicle access
points or parking and loading areas;
6. Requiring street right-of-way to be dedicated and street improvements
made, or the installation of pathways or sidewalks, as applicable;
7. Requiring landscaping, screening, drainage, water quality facilities,
and/or improvement of parking and loading areas;
8. Limiting the number, size, location, height, and/or lighting of signs;
9. Limiting or setting standards for the location, type, design, and/or
intensity of outdoor lighting;
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10.Requiring berms, screening, or landscaping and the establishment of
standards for their installation and maintenance;
11.Requiring and designating the size, height, location, and/or materials for
fences;
12.Requiring the protection and preservation of existing trees, soils,
vegetation, watercourses, habitat areas, drainage areas, historic
resources, cultural resources, and/or sensitive lands;
13.Requiring improvements to water, sanitary sewer, or storm drainage
systems, in conformance with City standards;
14.Requiring any conditions for construction or site development pursuant
to CPMC 17.72.050; and,
15.The Planning Commission may require review and renewal of
conditional use permits annually or in accordance with another
timetable as approved pursuant to this chapter. Where applicable, the
timetable shall provide for periodic review and renewal, or expiration, of
the conditional use permit to ensure compliance with conditions of
approval; such period review may occur through a Type III review
process, except where the Planning Commission delegates authority to
the City Planning Official to issue renewals, who shall do so through a
Type I or Type II procedure, as applicable (see Chapter 17.05 for review
procedures).
17.76.050 Expiration.
A. A conditional use permit shall lapse and become void one year following the date
on which it became effective, unless:
1. By conditions of the conditional use permit, a greater or lesser time is
prescribed as a condition of approval;
2. Prior to the expiration of one year, a building permit is issued by the city and
construction is commenced and diligently pursued toward completion; or
3. If no building permit is required in the particular case, the conditionally-
approved use has been commenced.
B. The community development director may extend the conditional use permit for
an additional period of one year, subject to the requirements of Chapter 17.05.
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C. If the time limit for development expired and no extension has been granted, the
conditional use permit shall be void. (Ord. 1941 §10, 2010; Ord. 1684 §73, 1993;
Ord. 1436 §2(part), 1981).
17.76.070060 Revocation.
A. The commission, on its own motion, at a public hearing, may revoke any conditional
use permit for noncompliance with the conditions set forth in granting said permit.
Notice of public hearing shall be given as in Chapter 17.05.
B. If an established time limit for development expires and no extension has been
granted, the conditional use permit shall be considered void. (Ord. 1615 §56, 1989; Ord.
1436 §2(part), 1981).
17.76.080 Appeal.
The decision of the planning commission may be appealed to the city council in the
manner prescribed by Chapter 17.05. (Ord. 1615 §57, 1989; Ord. 1436 §2(part), 1981).
17.76.090 Effect.
No building permit shall be issued in any case where a conditional use permit is
required until ten days after the granting of a conditional use permit, and then only in
accordance with the terms and conditions of said permit. An appeal from the action of
the commission shall automatically stay the issuance of the building or other permit until
such appeal has been completed and the council has acted thereon. In the event the
council grants said conditional use permit, the building permit may issue immediately in
accordance with such terms and conditions as may have been imposed in said permit.
(Ord. 1615 §53, 1989; Ord. 1436 §2(part), 1981).
17.76.110 Mapping.
Within thirty days after the granting of a conditional use permit, the permit application
file number shall be indicated on the zone map on the lot or lots affected by such permit.
(Ord. 1436 §2(part), 1981).
17.76.120 Change of ownership.
A conditional use permit granted pursuant to the provisions of this chapter shall run with
the land and shall continue to be valid upon a change of ownership of the site or
structure which was the subject of the use permit application, except as otherwise
provided in this chapter and in Section 17.60.190. (Ord. 1436 §2(part), 1981).
SECTION 16. CPMC Chapter 17.92, Enforcement, is hereby repealed in its
entirety.
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SECTION 17. 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 18. 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 _________________ 2024.
________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
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Findings of Fact & Conclusions of Law
Land Development Code Amendments to Various Sections of Title 1, 16 and 17.
File No. ZC-24001
The City of Central Point City Council is considering an application to amend various sections of
the Land Development Code in Title 1 (General Provisions), Title 16 (Subdivisions) and Title 17
(Zoning) to clarity existing policy, make corrections, align definitions with State statutes update
land use application submittal and approval criteria, and adjust requirements for some land
uses.
Applicant:
City of Central Point ) Findings of Fact
140 South 3rd Street ) and
Central Point, OR 97502 ) Conclusions of Law
1 Introduction
The proposed land development code amendments respond changes that have been made to
state statutes and best practices in the land use and development regulations. The City’s land
development codes concerning land divisions and zoning are updated from time to time but has
not undergone a comprehensive review and revision since the 1980s. The proposed revisions
are the first phase of a larger land development code update project that aims to align the City’s
land development standards and criteria with the community’s vision for its preferred vision
while meeting state requirements and providing a more accessible and user friendly code.
The purpose of these findings is to demonstrate that the proposed land development code
amendments comply with the Statewide Planning Goals, City of Central Point Comprehensive
Plan, the State Transportation Rule and local requirements for Text Amendments to the Zoning
Code.
Including this introduction, the findings will be presented in six (6) parts as follows:
1. Introduction
2. Statewide Planning Goals
3. State Transportation Planning Rule
4. City of Central Point Comprehensive Plan
5. CPMC 17.10, Zoning Text and Map Amendments
6. Summary Conclusion
1.1 Application
The proposed land development code amendments are a Major Amendment per Central Point
Municipal Code (CPMC) Section 17.10.300(A). In accordance with City Council Resolution No.
1804 (Exhibit 1), the City of Central Point is requesting approval of the following changes, which
are summarized below and provided in Exhibit 2:
Amendment 1, Repeal CPMC 1.20, Annexations
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Annexations are land use decisions that are subject to land use procedures in Title 17.
The proposed amendment would delete the existing standards and procedures for
annexations in CPMC 1.20, which are out of date, to be replaced by a new chapter in
Title 17 (See Amendment 17, below).The current code language relies on ORS 222.111
through 222.180
Amendment 2, Title 16, Subdivisions
Change the name of Title 16 to “Land Divisions.” Subdivisions are one type of land
division action that is addressed in Title 16. The name change aims to clarify that the
standards and procedures cover all land division actions and not just subdivisions.
Amendment 3, Chapter 16.04, General Provisions
The proposed amendment replaces the existing language to clarity the background,
purpose and applicability of the land division regulations. Current language only
addresses applicability and requirements for supplemental information submittal and
subdivision compliance with all city plans and standards. These issues are better
addressed as part of application submittal requirements and approval criteria, which are
set forth elsewhere in the code.
Amendment 4, Chapter 16.08, Definitions
The proposed amendments align the definitions in Title 16 with the definitions in Oregon
Revised Statutes (ORS) 92, which govern land divisions. Specifically, definitions for
major and minor partitions and underground utilities are eliminated; definitions for “Plat,”
“Property Line,” “Property Line Adjustment,” “Replat” and “Utility Easement.” The
definition for “Partitioning Land” is modified consistent with ORS 92.
Amendment 5, Chapter 16.14, Middle Housing and Expedited Land Divisions
This adds a placeholder for future regulations concerning middle housing and expedited
land divisions, which are required to be addressed by state law.
Amendment 6, Chapter 16.40, Replats
This is a new chapter that specifies when a replat of an existing recorded partition or
subdivision is needed and the process under a replat is reviewed and approved. At this
time, the City has no regulations addressing replats and relies on statues in ORS 92.
The purpose of this change is to make the land development process clearer and more
efficient for prospective development applicants in the future.
Amendment 7, Chapter 16.44, Property Line Adjustments
Similar to Amendment 6, the City is proposing a new chapter to present a clear process,
standards and approval criteria for proposals that relocate or consolidate property
boundaries. At this time, the City relies on ORS 92.
Amendment 8, Chapter 17.04, General Provisions
The proposed amendment consolidates all general provisions for administration of the
Zoning Code, including updating the Title name to eliminate reference the year; clarifying
and expanding the purpose statement; addressing the scope and compliance of the
Title; providing the rules of code construction; requiring consistency with the
Comprehensive Plan; clarifying how the development code and zoning map are
implemented; coordinating land use review and decisions with issuance of building
permits; establishing authority for permit issuance and decision making as the official
actions of the City, as well as enforcement procedures and fees.
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Amendment 9, Section 17.05.100, Table 17.05.01
The proposed amendment to the table adds land use actions not previously identified;
remove sections that no longer apply and update procedural types.
Amendment 10, Section 17.08.010, Definitions
The proposed change adds a definition for “Home Occupation” that clarifies a home
occupation is conducted by a person lawfully residing in the dwelling where the home
occupation is located.
Amendment 11, Chapter 17.12, Zoning District Establishment
Proposed amendments to this chapter update the abbreviation for the Neighborhood
Commercial zone from C-1 to C-N; add a column in the Zoning District Classification
table to identify the Chapter reference for each zoning district; and, add a section
clarifying how zoning district boundaries are determined.
Amendment 12, Chapter 17.13, Exceptions to Code Standards
The proposed amendment is to revise the whole chapter, which is renamed to
“Adjustments and Variances.” The proposed revisions provide standards, procedures
and criteria for adjustments and variances, including elimination of the distinction
between Class A, B, and C Variances for clarity and ease of implementation.
Amendment 13, Chapter 17.56, Nonconforming Uses
The proposed amendment replaces the existing chapter with standards and procedures
for all nonconforming situations, including nonconforming uses, developments and lots.
The revision eliminates the distinction between Class A and B nonconforming uses,
which have separate designation processes and regulations under the current code.
Proposed changes apply one set of regulations based on the non-conforming situation
type.
Amendment 14, Chapter 17.57, Fences
The proposed amendments substantially revise the chapter to align with the building
code, increase the allowable fence height from 6-ft to 8-ft in the Civic and Industrial
zones and to clarify the allowances and standards for electrified and battery-operated
fences.
Amendment 15, Section 17.60.190, Home Occupations
Proposed revisions aim to assure that home based businesses are not detrimental to the
character and livability of the surrounding residential neighborhood and remain
subordinate to the residential use. The proposed changes prohibit heavy
commercial/industrial operations and provide clear and objective standards for
hazardous substances, noise, vehicle parking, deliveries and how to count daily trips
associated with the business. Finally, the proposed amendments clarify the basis for
home occupation permit revocation/termination.
Amendment 16, Chapter 17.76, Conditional Use Permits
A Conditional Use Permit is required for uses that are likely to have impacts on
surrounding uses and/or public facilities. The current code language does provide clear
approval criteria upon which decisions are rendered. The proposed revisions clarify
submittal requirements, approval criteria and the conditions that may be imposed by the
City. Additionally, the proposal aims to consolidate a Conditional Use Permit with Site
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Plan & Architectural Review when a conditional use involves land development activities.
This will streamline the application process for developers and the City.
Amendment 17, Chapter 17.94, Annexations
The proposed amendment adds a new chapter addressing the procedures and
standards for annexations consistent with ORS 222.111 through 222.180, including
submittal requirements, land use review process, and approval criteria. The code also
addresses the standards and procedures for island annexations, which is not currently
addressed in the CPMC.
Amendment 18, Chapter 17.92, Violations and Enforcement
The proposed change moves language concerning violations and enforcement to
Section 17.04.090.
1.2 Procedural Requirements
Major zoning text amendments are subject to Type IV (Legislative) procedures, which are set
forth in CPMC 17.05.500.
1.3 Exhibits
Exhibit 1 – City Council Resolution No. 1804
Exhibit 2 – Proposed Land Development Code Amendments
Exhibit 3 – Citizen’s Advisory Committee Recommendation
Exhibit 4 – Planning Commission Resolution No. ____
2 Statewide Planning Goals
Goal 1 - Citizen Involvement.
To develop a citizen’s involvement program that insures the opportunity for citizens to be
involved in all phases of the planning process.
Finding, Goal 1: The City has implemented its program for citizen involvement by
scheduling the proposed land development code amendments for consideration by the
CAC on October 4, 2024 (no quorum) and a special meeting on November 12, 2024. The
public hearings for Planning Commission on November 5, 2024 and City Council on
November 14, 2024 have been published for two consecutive weeks in a newspaper in
general circulation, the Daily Courier. Additionally, the City has posted project information
on the website, presented the conceptual code amendments to the City Council on
October 24, 2024 and hosted sever discussions over the course of 2023 and 2024 as staff
began auditing the land development code as part of the larger code update project.
Conclusion, Goal 1: Consistent.
Goal 2 - Land Use.
To establish a land use planning process and policy framework as a basis for all decisions and
actions related to use of land and to assure an adequate factual basis for such decisions and
actions.
Finding, Goal 2: Based on an audit of the land development code, staff determined that
the planning process and framework for application submittal and approval criteria were
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not clear for annexations, conditional use permits and adjustments and variances. In
review of the land division regulations, there were no clear procedures and standards
established for re-plats and property line adjustments. The proposed amendments clarify
submittal requirements, procedures and approval criteria consistent with current policy and
legislative requirements (i.e. SB 1537 provisions for housing adjustments). This first round
of amendments is therefore consistent with Statewide Planning Goal 2 and provides the
framework for a more clear, efficient and professional land use planning process in Central
Point.
Conclusion, Goal 2: Consistent.
Goal 3 – Agricultural Lands.
To preserve and maintain agricultural lands.
Finding, Goal 3: The proposed land development codes do not include or otherwise effect
policies or implementing regulations that would impact agricultural lands conversion of
agricultural lands. With the exception of island annexations, requests to annex land are
based on landowner application and consent. The proposed amendments do not
encourage, promote or coerce annexation of any land in the Central Point UGB nor do
amendments to other applications types, definitions, or other land use standards or other
housekeeping items.
Conclusion, Goal 3: Not applicable.
Goal 4 – Forest Lands.
To conserve forest lands by maintaining the forest land base and to protect the state’s forest
economy by making possible economically efficient forest practices that assure the continuous
growing and harvesting of forest tree species as a leading use on forest land consistent with
sound management of soil, air, water, and fish and wildlife resources and to provide for
recreational opportunities and agriculture.
Finding, Goal 4: The proposed land development codes do not include or otherwise
implicate forest lands because there are no forest land in the city limits or UGB. The
proposed code amendments maintain the integrity of existing policies and standards
governing the planting of trees and preservation of open space and natural resources.
Conclusion, Goal 4: Not applicable.
Goal 5 – Open Space, Scenic Areas and Natural Resources.
To protect natural resources and conserve scenic and historic areas and open spaces.
Finding, Goal 5: The proposed code amendments do not modify existing policies and
standards governing the preservation of open space, natural and historic resources.
Proposed amendments to CPMC 17.13 clarifies that adjustments and variances do not
authorize exceptions to standards that are required to carry out Goal 5.
Conclusion, Goal 5: Not applicable.
Goal 6 – Air, Water and Land Resources Quality.
To maintain and improve the quality of the air, water and land resources of the state.
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Finding, Goal 6: As demonstrated in Exhibit 2, the proposed code amendments are
largely housekeeping and do not impact or otherwise alter policies or regulatory
requirements to maintain and improve air, water and land resource quality.
Conclusion, Goal 6: Not applicable.
Goal 7 - Areas Subject to Natural Hazards.
To protect people and property from natural hazards.
Finding, Goal 7: The proposed code amendments do not impact or otherwise alter
policies or regulatory requirements to mitigate land development activities from the
impacts of natural hazards.
Conclusion, Goal 7: Not applicable.
Goal 8 – Recreational Needs.
To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate,
to provide for the siting of necessary recreational facilities including destination resorts.
Finding, Goal 8: The proposed amendments to the land development code do not add to,
take away from other otherwise impact any implementing standard related to the provision
of parks and open space consistent with the Central Point Comprehensive Plan Parks
Element.
Conclusion, Goal 8: Not applicable.
Goal 9 – Economic Development.
To provide adequate opportunities throughout the state for a variety of economic activities vital
to the health, welfare, and prosperity of Oregon’s citizens.
Finding, Goal 9: The Economic Element of the Comprehensive Plan sets forth goals and
policies to promote employment opportunities through the provision of needed land and
programs to attract, grow and retain businesses in the City consistent with Goal 9. A key
facet to the City’s Economic Development strategy and policy framework is to provide an
efficient land development process based on modern codes that are clear, user-friendly
and that apply industry best practices. The proposed land development code amendments
constitute the first round to a series of code amendments that will be forthcoming to align
the land development code with the City’s policies and strategic priorities set forth in the
2040 Strategic Plan. Although none of the provisions in the proposed amendments impact
employment opportunities in and of themselves, the changes provide a step toward more
clear, predictable and objective requirements for applications and land uses. This is
consistent with Goal 9, the City’s Economic Element and 2040 Strategic Plan.
Conclusion, Goal 9: Consistent.
Goal 10 – Housing.
To provide for the housing needs of citizens of the state.
Finding, Goal 10: The proposed code amendments support housing needs by
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establishing a clearer process and requirements for annexations, as well as providing
housing adjustment provisions consistent with SB 1537 and clarifying the home
occupation permits will only be issued for limited business activities that are incidental to a
residence. Future code amendments will go further to expand housing opportunities and
encourage increased housing production consistent with Goal 10. However, the scope of
impacts for this series of changes is limited to the above changes and is consistent with
Goal 10 and the Central Point Comprehensive Plan.
Conclusion, Goal 10: Consistent.
Goal 11 – Public Facilities and Services.
To plan and develop a timely, orderly and efficient arrangement of public facilities and services
to serve as a framework for urban and rural development.
Finding, Goal 11: The proposed code amendments to do impact or otherwise alter any
standards or policies related to the provision of public facilities and services.
Conclusion, Goal 11: Not applicable.
Goal 12 – Transportation.
To provide and encourage a safe, convenient and economic transportation system.
Finding, Goal 11: The proposed code amendments to do impact or otherwise alter any
standards or policies related to the provision of a safe, convenient or economic
transportation system.
Conclusion, Goal 11: Not applicable.
Goal 13 – Energy.
To conserve energy.
Finding, Goal 13: The proposed amendments do not impact or otherwise alter any
standards or polices related to energy conservation in the City. However, the amended
purpose statements incorporate the importance of a land development pattern that
conserves the energy. This sets the foundation for future amendments to improve energy
conservation in the City.
Conclusion, Goal 13: Not applicable.
Goal 14 – Urbanization.
To provide for an orderly and efficient transition from rural to urban land use, to accommodate
urban population and urban employment inside urban growth boundaries, to ensure efficient use
of land, and to provide for livable communities.
Finding, Goal 14: Amendments to the City’s procedures and standards for annexations
align with the requirements in ORS 222.111 through 222.180. These amendments govern
the transfer of rural land to urban jurisdiction and eventual urban development. No
amendments are proposed that would alter land development form in and of itself, rather
provides a more clear and efficient process for the transition to urban land use.
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Conclusion, Goal 14: Consistent.
3 State Transportation Planning Rule (OAR 660-012-0060)
Section 660-012-0060 Plan and Land Use Amendments sets forth requirements for evaluating
whether or not certain projects will significantly affect existing or planned transportation. As
stated in Finding OAR 660-12-0060(2), the City’s UGB Amendment is not subject to the
requirements herein since the land proposed for inclusion in the UGB will retain the County
zoning that is currently in effect. However, City policy and regulations for traffic analysis require
that a Traffic Impact Analysis (TIA) be prepared to assess the impacts of the proposed
Comprehensive Plan Amendment on affected infrastructure. The following findings are provided
to demonstrate how the City’s proposal aligns with the State’s requirements notwithstanding the
exemption in OAR 660-024-0020(1)(d).
OAR 660-012-0060(1). If an amendment to a functional plan, an acknowledged comprehensive
plan, or a land use regulation (including a zoning map) would significantly affect an existing or
planned transportation facility, then the local government must put in place measures as
provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or
(10) of this rule. A plan or land use regulation amendment significantly affects a transportation
facility if it would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
Finding OAR 660-012-0060(1)(a): The proposed land development code amendments
clarify existing policy and do not impact or otherwise effect existing or planned
transportation facilities. This is further evidenced by the fact the proposed amendments
did not meet the threshold for requiring a Traffic Impact Analysis (TIA) per CPMC
17.05.900(B).
Conclusion OAR 660-012-0060(1)(a): The proposed land development code
amendments do not result in functional classification changes.
(b) Change standards implementing a functional classification system; or
Finding OAR 660-012-0060(1)(b): The proposed land development code amendments
do not change any standards implementing a functional classification system for
transportation facilities in the City.
Conclusion OAR 660-012-0060(1)(b): The proposal does not result in any change to
standards.
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based
on projected conditions measured at the end of the planning period identified in the
adopted TSP. As part of evaluating projected conditions, the amount of traffic projected
to be generated within the area of the amendment may be reduced if the amendment
includes an enforceable, ongoing requirement that would demonstrably limit traffic
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generation, including, but not limited to, transportation demand management. This
reduction may diminish or completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
Finding OAR 660-012-0060(1)(c)(A): See Findings OAR 660-012-0060(1)(a-b).
Conclusion OAR 660-012-0060(1)(c)(A): Not applicable.
(B) Degrade the performance of an existing or planned transportation facility such
that it would not meet the performance standards identified in the TSP or
comprehensive plan; or,
Finding OAR 660-012-0060(1)(c)(B): See Findings OAR 660-012-0060(1)(a-b).
Conclusion OAR 660-012-0060(1)(c)(B): Not applicable.
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP
or comprehensive plan.
Finding OAR 660-012-0060(1)(c)(C): See Finding OAR 660-012-0060(1)(c)(B).
Conclusion OAR 660-012-0060(1)(C): No applicable.
OAR 660-012-0060(2). If a local government determines that there would be a significant effect,
then the local government must ensure that allowed land uses are consistent with the identified
function, capacity, and performance standards of the facility measured at the end of the
planning period identified in the adopted TSP through one or a combination of the remedies
listed in (a) through (e) below, unless the amendment meets the balancing test in subsection
(2)(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local
government using subsection (2)(e), section (3), section (10) or section (11) to approve an
amendment recognizes that additional motor vehicle traffic congestion may result and that other
facility providers would not be expected to provide additional capacity for motor vehicles in
response to this congestion.
Finding OAR 660-012-0060(2): As demonstrated in Findings for OAR 660-012-0060(1),
the proposed land development code amendments have no effect or impact on existing
or planned transportation facilities.
Conclusion OAR 660-012-060 (2): Not applicable.
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4 City of Central Point Comprehensive Plan
Based on review the Comprehensive Plan, the applicable policies to the proposed land
development code amendments are limited to those involving housing, citizen involvement and
provision of an efficient and consistent land development process. The four (4) applicable
policies are set forth and addressed below.
General Policy 3. Provide flexibility of residential neighborhoods and housing opportunities to
meet the changing needs of a growing population.
Finding, General Policy 3: Proposed amendments in Chapter 17.13 (Exhibit 2) address
adjustments and variances. A key change in the proposal is the addition of adjustment
procedures and standards for housing developments consistent with SB 1537 to allow
greater flexibility in design and development standard and improve affordability. Given
the concerns about inadequate housing supply and unaffordability, the proposed
changes align with General Policy 3 to provide flexibility needed to meet changing needs
of our community’s population.
Conclusion, General Policy 3: Consistent
Citizen Involvement Policy 3. Whenever possible, citizens shall be given the opportunity to be
involved in all phases of the planning process, including (1) data collection, (2) plan preparation,
(3) adoption, (4) implementation, (5) evaluation, and (6) revision.
Finding, Citizen Involvement Policy 3: The City introduced the larger code audit and
revision project to the Citizen’s Advisory Committee and Planning Commission in 2021.
Since that time, there have been seven (7) public meetings ((4/6/2021, 4/13/2021,
7/13/2021, 10/5/2021, 11/2/2021, 4/12/2023, 7/11/2023) to review code concepts related
to zoning administration, housing, and small wireless facilities. During those meetings
staff received input from citizens and commissioners regarding the concepts that have
informed development of the draft code. Advertised public meetings were held on
11/5/2024, 11/12/2024 and 11/14/2024 during the adoption process. Although not all of
the code concepts are part of the current round of amendments, the City has provided
opportunities for citizens to be involved in the applicable phases of the planning process
for the land development code update project.
Conclusion, Citizen Involvement Policy 3: Consistent.
Citizen Involvement Policy 5. The City will be responsive to citizens or groups taking part in
the planning process and all land use policy decisions will be documented in written form and
available for public review.
Finding, Citizen Involvement Policy 3: The City is responsive to citizens and groups
taking part in the planning process over the phone, via email, website inquiry and in
person. We provide written agendas and materials in advance of meetings and we make
written and digital copies of decisions available on our website and by request.
Conclusion, Citizen Involvement Policy 3: Consistent.
Housing Policy 1.3. Provide an efficient and consistent development review process.
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Finding, Housing Policy 1.3: As provided in Exhibit 2, the proposed land development
code amendments make several corrections, clarifications and administrative changes to
provide clear procedures and standards for annexations, land divisions, variances and
adjustments, nonconforming situations, conditional use permits, home occupations and
fences. Clear and objective standards and updated general provisions clarify the
process and allow for a consistent, efficient and professional land development review
that is needed to support housing and other forms of land use and development in the
City.
Conclusion, Housing Policy 1.3: Consistent.
5 CPMC 17.10, Zoning Map and Text Amendments
17.10.100 Purpose.
The purpose of this chapter is to provide standards and procedures for major and minor
amendments to this code or the Central Point city zoning map (zoning map), herein referred to
as “map or text amendments.” (Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006).
17.10.200 Initiation of amendments.
A proposed amendment to the code or zoning map may be initiated by 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: On October 24, 2024, the Central Point City Council approved
Resolution No. 1804 (Exhibit 1), a resolution declaring the Council’s intent to initiate the
proposed land development code amendments.
Conclusion, CPMC 17.10.200: Consistent.
17.10.300 Major and minor amendments.
There are two types of map and text amendments:
A. Major Amendments. Major amendments are legislative policy decisions that establish by
law general policies and regulations for future land use decisions, such as revisions to
the zoning and land division ordinance that have widespread and significant impact
beyond the immediate area. Major amendments are reviewed using the Type IV
procedure in Section 17.05.500.
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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 land development code amendments are text
amendments that apply to all future land use and development proposals in the City and are
considered Major Amendments.
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:
A. Approval of the request is consistent with the applicable statewide planning goals (major
amendments only);
Finding CPMC 17.10.400(A): See Findings in Part 2, Statewide Planning Goals of these
Findings of Fact and Conclusions of Law.
Conclusion CPMC 17.10.400(A): Consistent.
B. Approval of the request is consistent with the Central Point comprehensive plan (major
and minor amendments);
Finding CPMC 17.10.400(B): See Findings in Part 4, City of Central Point
Comprehensive Plan, of these Findings of Fact and Conclusions of Law.
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 proposed land development code amendments do
not involve a map amendment.
Conclusion CPMC 17.10.400(C): Not applicable.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
(Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(B)).
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Finding CPMC 17.10.400(D): See Findings in Part 3, State Transportation Planning
Rule, of these Findings of Fact and Conclusions of Law.
Conclusion CPMC 17.10.400(D): Consistent.
17.10.500 Conditions of approval.
A. Major amendment decisions may only be approved or denied.
B. Minor amendment decisions may be for denial, approval, or approval with conditions.
Conditions shall be based on applicable regulations and factual evidence in the record.
(Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.400).
Finding, CPMC 17.10.500: The decision rendered by the City Council on the proposed Major
Amendments will be to approve them as presented or with changes, or to deny them.
Conclusion, CPMC 17.10.500: Consistent.
17.10.600 Record of amendments.
The city recorder shall maintain a record of amendments to the text of this code and the zoning
map in a format convenient for public use. (Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006.
Formerly 17.10.500).
Finding, CPMC 17.10.600: The City Recorder maintains a record of all land development code
amendments using Laserfiche, which has a public portal for ease of access and transparency.
Conclusion, CPMC 17.10.600: Consistent.
6 Summary Conclusion
As evidenced by these Findings of Fact and Conclusions of Law, including all references,
exhibits and attachments thereto, the City of Central Point land development code amendment
application is consistent with the applicable state, and city criteria governing Major Amendments
to the zoning and land development codes.
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Exhibit 1 – City Council Resolution No. 1804
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Exhibit 2 – Land Development Code Amendments
[Insert final adopted code amendments here]
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Exhibit 3 - Citizen’s Advisory Committee Recommendation
[Insert written CAC recommendation here.]
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Exhibit 4 - Planning Commission Resolution No. 925
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Staff Report DEPARTMENT: Planning MEETING DATE: November 14, 2024
STAFF CONTACT: Justin Gindlesperger, Community Planner III
SUBJECT: Chapter 8.24 Flood Damage Prevention Text Amendments
SUMMARY AND BACKGROUND:
As a participating community in the National Floodplain Insurance Program (NFIP),
Central Point must maintain consistency with FEMA floodplain development
regulations. As a result of consultations between FEMA and the National Marine
Fisheries Services (NMFS), and the release of a Biological Opinion and draft
Environmental Impact Statement, the regulations for developing in the floodplain are
changing. The new regulations are intended to protect endangered and threatened
species from development currently permitted in the Special Flood Hazard Areas
(SFHA). Communities that wish to remain in the NFIP (and continue to be eligible for
flood insurance) are required to choose and implement new Pre-Compliance
Implementation Measures (PICM). At the October 21, 2024 Study Session, the City
Council considered whether to implement a model ordinance or take a permit-by-permit
approach to PICM. At that time, Council directed staff to pursue ordinance changes that
would allow for a permit-by-permit evaluation of Endangered Species Act compliance.
Proposed Changes
The proposed code amendments include updating CPMC 8.24, Flood Damage
Protection, to include requirements for a “no net loss” approach to floodplain
management and for applicants proposing development in the SFHA to complete a
Habitat Assessment on a permit-by-permit basis. The proposed amendments include
the “no net loss” standards that address mitigation requirements to offset potential
negative impacts resulting from floodplain development. Changes to CPMC 8.24
include new definitions, floodplain development permit requirements, additional
requirements for the Floodplain Administrator to ensure the new standards are met, and
additional documentation and tracking requirements.
FINANCIAL ANALYSIS:
The proposed zoning code text amendment does not generate additional cost to the
City beyond in-kind staff expense.
LEGAL ANALYSIS:
In accordance with CPMC 17.10.200(A), the City Council or Planning Commission can
initiate land use and zone map amendments, respectively, by Resolution of Intent
(ROI). The ROI in and of itself does not guarantee approval of the proposed land use
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changes. The City-initiated application will be subject to Type IV Legislative procedures
set forth in CPMC 17.05.500 and approval criteria in CPMC 17.96.500 and CPMC
17.10.400. These criteria specify that the proposed modifications conform to Statewide
Planning Goals, the State Transportation Planning Rule, and the City’s Comprehensive
Plan. By approving the ROI, City staff will have the direction needed to allocate staff
time to preparing and processing the application.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Responsible Governance
Goal 6: Prepare as a resilient city with the capabilities required across the whole
community to prevent, protect against, mitigate, respond to, and recover from the
threats and hazards that pose the greatest risk.
Comment: The floodplain requirements in CPMC 8.24 are intended to reduce risks to
people and property in the Special Flood Hazard Area (SFHA) while protecting natural
floodplain functions. The proposed land use changes aim to conserve natural resources
and maintain wildlife and fish habitat, while balancing the public and private interests in
regulating development in the SFHA.
ATTACHMENTS/EXHIBITS:
1. Resolution of Intent - Chapter 8.24 Text Amendments
STAFF RECOMMENDATION:
RECOMMENDED MOTION:
I move to approve Resolution No. _________, a Resolution declaring the City County's
intent to initiate an amendment to Central Point Municipal Code Chapter 8.24, Flood
Damage Prevention, to enact interim Endangered Species Act measures.
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City Council Resolution No. ________________ (11/14/2024)
RESOLUTION NO. __________
A RESOLUTION DECLARING THE CITY COUNCIL’S INTENT TO INITIATE AN
AMENDMENT TO THE CENTRAL POINT MUNICIPAL CODE CHAPTER 8.24,
FLOOD DAMAGE PREVENTION TO ENACT INTERIM ENDANGERED SPECIES
ACT MEASURES
RECITALS:
A. An amendment to the Central Point Municipal Code (Zoning) may be initiated
by adoption of a resolution of intent by the City Council (Chapter 17.10.200).
B. The City Council has reason to believe that current development and
operational standards in CPMC 8.24 are not consistent with recent changes
to FEMA requirements in response to provisions necessary to address the
Endangered Species Act and that the City would be benefitted by updating its
standards.
C. The City Council determines that it is in the City’s economic interest and that
the public necessity and convenience and general welfare support
consideration of such an amendment.
The City of Central Point resolves:
Section 1: By this resolution the City Council authorizes the Community Development
Department to proceed with consideration of amendments to Chapter 8.24 of the zoning
code, including necessary and related changes to other municipal code sections to
address updates to FEMA requirements.
Section 2: Prior to formal application for the actions cited in Section 1 of this resolution
the requirements of Section 17.10 et seq of the City of Central Point Municipal Code
shall be met.
PASSED by the Council and signed by me in authentication of its passage this 14th day
of November, 2024.
___________________________________
Mayor Hank Williams
ATTEST:
_______________________________
City Recorder
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Staff Report DEPARTMENT: Administration MEETING DATE: November 14, 2024
STAFF CONTACT: Chris Clayton, City Manager
SUBJECT: Resolution Approving Agreement for Property Exchange with
School District
SUMMARY AND BACKGROUND:
The City owns property located at Mae Richardson elementary, currently improved with
parking lot and park/recreation facilities that is leased by the School District. The school
district currently owns land at Twin Creeks Park, currently leased by the City for parks
purposes. In 2021 the parties had the City property and the District property appraised
with the goal of ultimately exchanging ownership of the land such that each entity will
own the land outright.
The City land commonly known as Township 37 South, Range 2 West, Section 10AB,
Tax Lot 1300is approximately 4.16 acres in size and appraised at $100,000 per acre.
The District land consisting of four (4) contiguous tax lots commonly known as: (i)
Township 37 South, Range 2 West, Section 03CA, Tax Lot 200; (ii) Township 37 South,
Range 2 West, Section 03CB, Tax Lot 200; (iii) Township 37 South, Range 2 West,
Section 03CC, Tax Lot 116; and (iv) Township 37 South, Range 2 West, Section 03CD,
Tax Lot 221 is approximately 7.06 acres in size and also appraised at $100,000 per
acre.
The sale agreement proposes that the City convey its 4.16 acres to the District, and the
District convey its 7.06 acres to the City, which results in the City owing an additional
$290,000 for the difference in property values being exchanged. The Agreement
provides that the City will enter into a Promissory Note in which the City will be
obligated to make annual installments for 5-years in the amount of $58,000 per year,
beginning 365-days following the close of this transaction.
The City has been in negotiations regarding the terms of this agreement, but it may be
subject to additional minor revisions following approval of Council to the form of this
agreement.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
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COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
ATTACHMENTS/EXHIBITS:
1. Promissory Note Secured
2. Property Exchange Agreement - District - City 11-5-24 - v.2 CLEAN
3. Reso - Approving PSA Exchange
STAFF RECOMMENDATION:
Make a motion approving the Resolution.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, a Resolution approving that Purchase and
Sale Agreement - Property Exchange - City of Central Point/Jackson County School
District No. 6 and authorize the City Manager to execute same.
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1
PROMISSORY NOTE
Secured
$290,000 _____________, 2024
Central Point, Oregon
For value received, the undersigned City of Central Point, Oregon (“Borrower”) promises
to pay to the order of Jackson County School District No. 6 (“Lender”), its successors and assigns,
at 300 Ash Street, Central Point, Oregon 97502 or at another place that the holder of this Note may
designate, the principal sum of TWO HUNDRED NINETY THOUSAND DOLLARS ($290,000.00),
payable in the manner and on the terms set forth in this Note. This loan is a purchase money loan,
secured by the Property (as defined below) by a deed of trust as set forth below dated the same day
as this Note and is contemplated in that certain Purchase and Sale Agreement dated effective as of
_________________, 2024, with Borrower as City/Buyer and Lender as District/Seller (the
“Purchase and Sale Agreement”). Capitalized terms used in this Note that are not otherwise
defined have the meanings assigned to them in the Purchase and Sale Agreement.
1.Interest Rate. None.
2.Payments. Borrower will make equal annual installments of principal in the amount
of $58,000.00 each for a term of 5 years. The first such principal installment must be paid on or
before ____________, 2025, and subsequent installments must be paid on the same day annually
thereafter until the entire Note is paid in full, but in any event not later than
____________________, 2029. Each payment will be applied first to the payment of any late
charges that have accrued; second, to the payment of any costs and expenses incurred under
Section 6 of this Note; and third, any remaining balance to the principal. Checks will constitute
payment only when collected.
3.Prepayments. Borrower has the right to prepay this Note, in whole or in part, in
cash at any time with no prepayment penalty; provided, however, that partial prepayments shall
not reduce the amount of Borrower’s regularly scheduled annual installments of principal set forth
in Section 2 of this Note nor postpone the due date of any such installment.
4.Default and Acceleration. Lender may declare the principal of this Note, together
with any late fees, to be due and payable in the event (a) that Borrower defaults in the performance
of, or compliance with, any of the terms and provisions of this Note or the Trust Deed given as
security, after not less than 10 days’ written notice to Borrower specifying with reasonable
particularity the nonperformance or noncompliance and Borrower’s failure to correct the default
within that time period; or (b) in the event of the bankruptcy or insolvency of any party having
liability on this Note, or any assignment for the benefit of creditors, or the commencement of an
action for the appointment of a receiver for the properties of any such party or other action or
proceedings under the federal bankruptcy laws that is not dismissed within 75 days after the date
of filing. Any forbearance or failure to exercise this right will not constitute a waiver of Lender’s
right to exercise the right with respect to the default and any subsequent default.
5.Late-Payment Charge. Borrower will pay to Lender a late charge (“Late Charge”)
of 1.5% percent of any annual installment not received by Lender within 10 days after the payment
is due. Any unpaid Late Charge will become part of the indebtedness due under this Note and will
be added to any subsequent payments due under the Note. Lender’s acceptance of any Late Charge
will not be deemed a cure of any default under the Note and such acceptance will not constitute a
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2
waiver of any of Lender’s rights under the Note or the Security Instrument securing this Note. The
Late Charge will be in addition to all other rights and remedies available to Lender on the
occurrence of a default under the Note. Lender’s failure to collect the Late Charge will not
constitute a waiver of Lender’s right to require payment of the Late Charge for past or future
defaults.
6.Attorneys’ Fees; Costs. If the holder of this Note takes any action, judicial or
otherwise, to collect or otherwise enforce this Note, the holder of this Note will be entitled to
recover from Borrower all expenses that the holder of this Note may reasonably incur in taking
such action, including, but not limited to, costs and expenses provided by statute or otherwise, as
well as holder’s reasonable attorney fees, whether such fees are incurred in a suit or action, on
appeal from a judgment or decree, in connection with any bankruptcy proceeding, or in connection
with a nonjudicial action. Upon demand, Borrower will reimburse the holder of this Note for
expenses so incurred, together with interest from the date of invoice to Borrower until repaid at
the statutory rate of nine percent (9.00%) per annum.
7.Governing Law; Severability. This Note is to be governed by and construed in
accordance with the laws of Oregon. If any provision or clause of this Note is construed by a court
of competent jurisdiction to be void, invalid, or unenforceable, that construction will not affect
other provisions of this Note that can be given effect without the void, invalid, or unenforceable
provision, and to this end the provisions of this Note are declared to be severable.
8.Waiver of Protest. Borrower and each present or future maker, surety, endorser,
and signatory to this Note, in whatever capacity, waives presentment, demand, protest, notice of
dishonor, and all suretyship defenses, and agrees that the Lender may exercise its rights under the
Note in any order and at any time. Without notice to any such person (except for any notice to
borrower specified in this Note and without the need to obtain further consent from any party), and
without in any way diminishing the obligations of any person, Lender may (a) deal with any such
person with reference to this Note by way of forbearance, extension, modification, compromise,
or otherwise; (b) extend, release, surrender, exchange, compromise, discharge, or modify any right
or obligation secured by or provided in this Note, the Trust Deed, or any other document securing
this Note; and (c) take any other action that the holder may deem reasonably appropriate to protect
its interest in the collateral under the Trust Deed.
9.Time Is of the Essence. Time is of the essence under this Note.
10.Limitation of Interest. In no event will any payment of any sum payable under this
Note exceed the maximum amount permitted by applicable law. If it is established that any
payment(s) exceeding lawful limits have been received, the holder and payee of such amount(s)
will refund such excess or, at its option, credit the excess amount(s) to the principal. Such payments
will not affect the obligation to make other payments required under this Note that do not cause
the lawful limits to be exceeded.
11.Security. This Note is secured by, among other things, a Deed of Trust dated as of
the date of this Note among Borrower, as Trustor, to First American Title Company, as Trustee,
in favor of Lender, as Beneficiary (“Security Instrument”) encumbering the real property
described as Township 37 South, Range 2 West, Section 10AB, Tax Lot 1300 (“the Property”).
This Note evidences, and the Trust Deed and any of the other documents that provide that they
secure this Note secure, the indebtedness described in this Note, and any other amounts required
to be paid by Borrower under any of the Loan Documents that provide that they secure this Note.
12.Bankruptcy. Borrower agrees that, notwithstanding ORS 73.0602 and ORS
73.0604, any payment under this Note that is avoided in a later bankruptcy proceeding or otherwise
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3
will not be deemed a payment, and Borrower’s obligations under the Note will be reinstated or
supplemented, or both, to the extent of any payment so avoided. In that event, Borrower will not
be discharged even if this Note has been canceled, renounced, or surrendered.
13.Waiver of Jury Trial. BORROWER, AFTER CONSULTING OR HAVING HAD
THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY
IN ANY LITIGATION BASED UPON OR ARISING OUT OF THIS NOTE OR ANY
RELATED INSTRUMENT OR AGREEMENT OR ANY OF THE TRANSACTIONS
CONTEMPLATED BY THIS NOTE OR ANY COURSE OF CONDUCT, DEALING,
STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF EITHER OF THEM.
NEITHER THE BORROWER NOR THE LENDER MAY SEEK TO CONSOLIDATE, BY
COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION IN WHICH A JURY TRIAL HAS
BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED. THESE PROVISIONS MAY NOT BE DEEMED TO HAVE BEEN
MODIFIED IN ANY RESPECT OR RELINQUISHED BY EITHER THE BORROWER OR
LENDER EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY BOTH PARTIES.
The undersigned caused this Note to be duly executed on the day and year first written
above.
BORROWER:
City of Central Point
__________________________
By:
Its:
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1
PURCHASE AND SALE AGREEMENT
PROPERTY EXCHANGE
City of Central Point/Jackson County School District No. 6
DATE:______________, 2024
BETWEEN: City of Central Point, Oregon (“Central Point”)
140 S 3rd Street
Central Point, Oregon 97502
AND: Jackson County School District No. 6 (“District”)
300 Ash Street
Central Point, Oregon 97502
RECITALS
A.City is the owner of certain real property located in Jackson County, Oregon, and
commonly known as Township 37 South, Range 2 West, Section 10AB, Tax Lot 1300 (“City
Property”), a more particular description of the City Property is attached hereto as Exhibit A. City
Property is approximately 4.16 acres in size and is developed with park/field and parking lot
improvements.
B.District is the owner of certain real property located in Jackson County, Oregon,
consisting of four (4) contiguous tax lots commonly known as: (i) Township 37 South, Range 2
West, Section 03CA, Tax Lot 200; (ii) Township 37 South, Range 2 West, Section 03CB, Tax Lot
200; (iii) Township 37 South, Range 2 West, Section 03CC, Tax Lot 116; and (iv) Township 37
South, Range 2 West, Section 03CD, Tax Lot 221 (collectively “District Property”), a more
particular description of the District Property is attached hereto as Exhibit B. District Property is
approximately 7.06 acres in size and is developed with park improvements.
C.City desires to convey to District the City Property pursuant to the terms and
conditions of this Agreement. District desires to convey to City the District Property pursuant to
the terms and conditions of this Agreement.
D.The City Property and the District Property have been appraised, with the value of
the District Property exceeding the value of the City Property. The parties desire to utilize the
agreed-upon appraised values resulting in the City owing the District the difference in price
between the respective properties.
AGREEMENT
In consideration of the mutual promises, covenants and undertakings of the parties herein
contained, the parties hereby agree as follows:
1. Recitals. The parties acknowledge and agree that the Recitals set forth above are
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2
incorporated herein and deemed a material part of this Agreement.
2. Purchase Price for District Property. District agrees to sell and convey all of
District’s right, title and interest in the District Property to City and City agrees to buy the District
Property from District for the sum of Seven Hundred Six Thousand and No/100 Dollars
($706,000.00) ($100,000.00 per acre) (“the District Property Purchase Price”). The District
Property Purchase Price shall be paid as follows:
2.1 Credit toward District Property Purchase Price. At closing, City shall
receive a credit in the amount of $416,000.00 towards the District Property Purchase Price, such
credit constituting the value of District’s purchase of the City Property to close concurrently
herewith.
2.2 Remaining Balance for District Property Purchase Price. At closing, by
execution of a Promissory Note in the amount of Two Hundred Ninety Thousand ($290,000.00)
Dollars, to be executed by City to District, said Note to be secured by a Trust Deed to be recorded
against the District Property. The Note shall be payable in equal annual installments of Fifty-Eight
Thousand Dollars and 00/100 ($58,000.00) for a term of Five (5) years commencing on the 365th
day following the close of this transaction and continuing at annual intervals thereafter on the same
day of each successive year. Interest: 0% per year. The Note and Deed of Trust shall be in a form
as substantially as set forth in the attached Exhibits C and D which are incorporated herein by
reference.
3. Purchase Price for City Property. City agrees to sell and convey all of City’s
right, title and interest in the City Property to District and District agrees to buy the City Property
from City for the sum of Four Hundred Sixteen Thousand and No/100 Dollars ($416,000.00)
($100,000 per acre) (“the City Purchase Price”). The City Purchase Price shall be paid as follows:
3.1 Payment of City Purchase Price. District shall receive a credit for payment of
the City Property Purchase Price in the amount of $416,000.00, such credit constituting a portion
of the value of the District Property conveyed to City concurrently herewith.
4. Title.
4.1 Title to District Property. District warrants and represents that District is the fee
simple owner of the District Property and that it has the right and authority to convey the District
Property to City free and clear of any other claims of title and subject only to encumbrances of
record. District shall convey title to City by Statutory Warranty Deed, properly executed and
notarized conveying title to City. District, at District’s sole expense, shall obtain title insurance
policies from First American Title Insurance Company, located at 1225 Crater Lake Avenue, Suite
101, Medford, Oregon, 97504 (“the Escrow Agent”). Upon complete execution of this Agreement,
District, at District’s sole expense, shall order preliminary title reports (“Title Report(s)”) from the
Escrow Agent with copies of the Title Reports being delivered to all parties. City shall have 10
days from the date of City’s receipt of the Title Reports to notify District in writing of any
exceptions unacceptable to City (“Objection Notice”). District shall notify City of its intent to
remove or not to remove the exceptions stated in the Objection Notice within 5 business days of
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District’s receipt of the Objection Notice. City shall have no obligation to close on the subject
property if the parties are unable to resolve title issues concerning the subject property. City’s
failure to issue an Objection Notice within the time allowed will be deemed as City’s acceptance
of the exceptions to title set forth in the Title Report for the subject property.
4.2 Title to City Property. City warrants and represents that City is the fee simple
owner of the City Property and that it has the right and authority to convey the City Property to
District free and clear of any other claims of title and subject only to encumbrances of record. City
shall convey title to City by Statutory Warranty Deed, properly executed and notarized conveying
title to District. City, at City’s sole expense, shall obtain title insurance policies from First
American Title Insurance Company, located at 1225 Crater Lake Avenue, Suite 101, Medford,
Oregon, 97504 (“the Escrow Agent”). Upon complete execution of this Agreement, City, at City’s
sole expense, shall order preliminary title reports (“Title Report(s)”) from the Escrow Agent with
copies of the Title Reports being delivered to all parties. District shall have 10 days from the date
of City’s receipt of the Title Reports to notify City in writing of any exceptions unacceptable to
District (“Objection Notice”). City shall notify District of its intent to remove or not to remove
the exceptions stated in the Objection Notice within 5 business days of City’s receipt of the
Objection Notice. District shall have no obligation to close on the subject property if the parties
are unable to resolve title issues concerning the subject property. District’s failure to issue an
Objection Notice within the time allowed will be deemed as District’s acceptance of the exceptions
to title set forth in the Title Report for the subject property.
5. Due Diligence Contingency. Each party’s purchase of the respective subject
properties is contingent upon the respective purchaser’s inspection, review and approval of the
physical condition of the subject property, including, but not limited to, title matters, the physical
and environmental condition of the subject property, an appraisal, governmental regulations
affecting the subject property, and all matters that bind the subject property or will affect its use
(“the Due Diligence Contingency”). Each respective purchaser shall give written notice to the
respective seller no later than 5:00 p.m. on the 15th day following the date of this Agreement (“the
Due Diligence Period”) of said purchaser’s intent to remove or not to remove the Due Diligence
Contingency. In the event no written notice is given to a respective seller within the Due Diligence
Period to remove the Due Diligence Contingency, the Due Diligence Contingency shall be deemed
waived by said purchaser.
6. As Is. Except as otherwise stated herein, the parties hereby acknowledge and agree
that this is an “AS IS” transaction and, except as otherwise expressly stated herein, neither party
makes any representations or warranties as to the condition of the subject properties, any
improvements thereon, if any, or their fitness for a particular purpose.
7. Due Performance. Due performance of the terms, conditions, and agreements of
this Agreement to be performed by a party and the accuracy of the representations and warranties
of each as of the Closing Date is a condition to closing by the other party. Such performance shall
include, without limitation, execution, and delivery in proper form of all of the documents required
hereunder to be delivered on the Closing Date and the rendering of all other performances and
undertakings contemplated hereunder.
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8. Closing Contingencies. District’s purchase of the City Property is contingent upon
District’s sale of the District Property to City concurrently therewith. City’s purchase of the
District Property is contingent upon City’s sale of the City Property to District concurrently
therewith.
9. Closing Provisions.
9.1 Closing. Closing shall occur on or before December 15, 2024 (“Closing Date”) at
the offices of the Escrow Agent, unless otherwise extended pursuant to mutual agreement of the
parties.
9.2 Funds and Documents.
9.2.1 City's Funds and Documents. On or before the Closing Date, City shall cause to
be delivered to the Escrow Agent on the Closing Date, each of the following:
(a) All funds required of City for costs and expenses as set forth herein.
(b) All documents required pursuant to this Agreement, properly executed by City.
9.2.2 District Documents. On or before the Closing Date, District shall cause to be
delivered to the Escrow Agent on the Closing Date, each of the following:
(a) All funds required of District for costs and expenses as set forth herein.
(b) All documents required pursuant to this Agreement, properly executed by
District.
9.3 Costs of Closing.
9.3.1 City’s Costs. City, at City’s sole expense shall be responsible for the following
costs: (a) ½ the Escrow Agent’s fee; (b) all premiums for title insurance policies for City Property;
(c) all recording and miscellaneous charges customarily attributable to a seller in similar
transactions for the sale of City Property; and (d) all attorney fees incurred by City with respect to
preparing and negotiating this Agreement.
9.3.2 Districts Costs. District, at District’s sole expense shall be responsible for the
following costs: (a) ½ the Escrow Agent’s fee; (b) all premiums for title insurance policies for
District Property; (c) all recording and miscellaneous charges customarily attributable to a seller
in similar transactions for the sale of District Property; and (d) all attorney fees incurred by District
with respect to preparing and negotiating this Agreement.
10. Council/Board Approval. The parties acknowledge and agree that this Agreement
is subject to approval by the following: (a) City of Central Point City Council; and (b) Central
Point School District No. 6 School Board (collectively, “Governmental Approval”). In the event
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this Agreement does not receive Governmental Approval, this Agreement shall terminate and be
of no further force or effect.
11. Miscellaneous Provisions.
10.1 Conflict of Interests. No member, official or employee of District or City shall
make any decision relating to the Agreement which affects the member's, official's, or employee's
personal interests or the interests of any corporation, partnership, or association in which member,
official, or employee is directly or indirectly interested.
11.2 No Partnership. Nothing contained in this Agreement or any acts of the parties
hereby shall be deemed or construed by the parties, or by any third person, to create the relationship
of principal and agent, or of partnership, or of joint venture, or any association between any of the
parties.
11.3 Notices. Notices under this Agreement shall be in writing and shall be effective
when actually delivered by hand delivery, electronic correspondence or United States mail directed
to the other party at the address set forth below, or to such other address as the party may indicate
by written notice to the other:
District:
c/o Walt Davenport
Superintendent
300 Ash Street
Central Point, Oregon 97502
City:
c/o Chris Clayton
City Manager
140 S 3rd Street
Central Point, Oregon 97502
chris.clayton@centralpointoregon.gov
11.4 Amendment. This Agreement may be amended only by written instrument
executed by the parties.
11.5 Representations and Warranties. All representations and warranties made herein
shall survive Closing.
11.6 Entire Understanding. This Agreement, and the documents incorporated herein,
consists of the entire Agreement between the parties with relation to the conveyance of the City
Property and the District Property.
11.7 Time of Essence. Time is of the essence of this Agreement.
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11.8 Applicable law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Oregon. Any action or suit to enforce or construe any provision of
this Agreement by any party shall be brought in the Circuit Court of the State of Oregon for Jackson
County.
11.9 Counterparts. This Agreement may be executed by the parties in separate
counterparts, which together shall constitute one instrument. For the purposes of this Agreement,
a facsimile or electronic copy of a signature shall have the same force and effect as an original
signature.
11.10 Statutory Disclaimer.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES.
THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS
THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE DISTRICT OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A
LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010
OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,
TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336
AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS
2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO
7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth below.
City of Central Point:
Date: , 2024 _________________________________
By: _____________________________
Its: _____________________________
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Jackson County School District No. 6
Date: , 2024 _________________________________
By: Walt Davenport
Its: Superintendent
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EXHIBIT A
Legal Description City Property
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EXHIBIT B
Legal Description of District Property
Real property in the County of Jackson, State of Oregon, described as follows:
LOT 41, JACKSON OAKS, PHASE II, IN THE CITY OF CENTRAL POINT, JACKSON
COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN
VOLUME 29, PAGE 60 OF PLAT RECORDS
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EXHIBIT C
PROMISSORY NOTE
Secured
$290,000 _____________, 2024
Central Point, Oregon
For value received, the undersigned City of Central Point, Oregon (“Borrower”) promises
to pay to the order of Jackson County School District No. 6 (“Lender”), its successors and assigns,
at 300 Ash Street, Central Point, Oregon 97502 or at another place that the holder of this Note may
designate, the principal sum of TWO HUNDRED NINETY THOUSAND DOLLARS ($290,000.00),
payable in the manner and on the terms set forth in this Note. This loan is a purchase money loan,
secured by the Property (as defined below) by a deed of trust as set forth below dated the same day
as this Note and is contemplated in that certain Purchase and Sale Agreement dated effective as of
_________________, 2024, with Borrower as City/Buyer and Lender as District/Seller (the
“Purchase and Sale Agreement”). Capitalized terms used in this Note that are not otherwise
defined have the meanings assigned to them in the Purchase and Sale Agreement.
1.Interest Rate. None.
2.Payments. Borrower will make equal annual installments of principal in the amount
of $58,000.00 each for a term of 5 years. The first such principal installment must be paid on or
before ____________, 2025, and subsequent installments must be paid on the same day annually
thereafter until the entire Note is paid in full, but in any event not later than
____________________, 2029. Each payment will be applied first to the payment of any late
charges that have accrued; second, to the payment of any costs and expenses incurred under
Section 6 of this Note; and third, any remaining balance to the principal. Checks will constitute
payment only when collected.
3.Prepayments. Borrower has the right to prepay this Note, in whole or in part, in
cash at any time with no prepayment penalty; provided, however, that partial prepayments shall
not reduce the amount of Borrower’s regularly scheduled annual installments of principal set forth
in Section 2 of this Note nor postpone the due date of any such installment.
4.Default and Acceleration. Lender may declare the principal of this Note, together
with any late fees, to be due and payable in the event (a) that Borrower defaults in the performance
of, or compliance with, any of the terms and provisions of this Note or the Trust Deed given as
security, after not less than 10 days’ written notice to Borrower specifying with reasonable
particularity the nonperformance or noncompliance and Borrower’s failure to correct the default
within that time period; or (b) in the event of the bankruptcy or insolvency of any party having
liability on this Note, or any assignment for the benefit of creditors, or the commencement of an
action for the appointment of a receiver for the properties of any such party or other action or
proceedings under the federal bankruptcy laws that is not dismissed within 75 days after the date
of filing. Any forbearance or failure to exercise this right will not constitute a waiver of Lender’s
right to exercise the right with respect to the default and any subsequent default.
5.Late-Payment Charge. Borrower will pay to Lender a late charge (“Late Charge”)
of 1.5% percent of any annual installment not received by Lender within 10 days after the payment
is due. Any unpaid Late Charge will become part of the indebtedness due under this Note and will
be added to any subsequent payments due under the Note. Lender’s acceptance of any Late Charge
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will not be deemed a cure of any default under the Note and such acceptance will not constitute a
waiver of any of Lender’s rights under the Note or the Security Instrument securing this Note. The
Late Charge will be in addition to all other rights and remedies available to Lender on the
occurrence of a default under the Note. Lender’s failure to collect the Late Charge will not
constitute a waiver of Lender’s right to require payment of the Late Charge for past or future
defaults.
6.Attorneys’ Fees; Costs. If the holder of this Note takes any action, judicial or
otherwise, to collect or otherwise enforce this Note, the holder of this Note will be entitled to
recover from Borrower all expenses that the holder of this Note may reasonably incur in taking
such action, including, but not limited to, costs and expenses provided by statute or otherwise, as
well as holder’s reasonable attorney fees, whether such fees are incurred in a suit or action, on
appeal from a judgment or decree, in connection with any bankruptcy proceeding, or in connection
with a nonjudicial action. Upon demand, Borrower will reimburse the holder of this Note for
expenses so incurred, together with interest from the date of invoice to Borrower until repaid at
the statutory rate of nine percent (9.00%) per annum.
7.Governing Law; Severability. This Note is to be governed by and construed in
accordance with the laws of Oregon. If any provision or clause of this Note is construed by a court
of competent jurisdiction to be void, invalid, or unenforceable, that construction will not affect
other provisions of this Note that can be given effect without the void, invalid, or unenforceable
provision, and to this end the provisions of this Note are declared to be severable.
8.Waiver of Protest. Borrower and each present or future maker, surety, endorser,
and signatory to this Note, in whatever capacity, waives presentment, demand, protest, notice of
dishonor, and all suretyship defenses, and agrees that the Lender may exercise its rights under the
Note in any order and at any time. Without notice to any such person (except for any notice to
borrower specified in this Note and without the need to obtain further consent from any party), and
without in any way diminishing the obligations of any person, Lender may (a) deal with any such
person with reference to this Note by way of forbearance, extension, modification, compromise,
or otherwise; (b) extend, release, surrender, exchange, compromise, discharge, or modify any right
or obligation secured by or provided in this Note, the Trust Deed, or any other document securing
this Note; and (c) take any other action that the holder may deem reasonably appropriate to protect
its interest in the collateral under the Trust Deed.
9.Time Is of the Essence. Time is of the essence under this Note.
10.Limitation of Interest. In no event will any payment of any sum payable under this
Note exceed the maximum amount permitted by applicable law. If it is established that any
payment(s) exceeding lawful limits have been received, the holder and payee of such amount(s)
will refund such excess or, at its option, credit the excess amount(s) to the principal. Such payments
will not affect the obligation to make other payments required under this Note that do not cause
the lawful limits to be exceeded.
11.Security. This Note is secured by, among other things, a Deed of Trust dated as of
the date of this Note among Borrower, as Trustor, to First American Title Company, as Trustee,
in favor of Lender, as Beneficiary (“Security Instrument”) encumbering the real property
described as Township 37 South, Range 2 West, Section 10AB, Tax Lot 1300 (“the Property”).
This Note evidences, and the Trust Deed and any of the other documents that provide that they
secure this Note secure, the indebtedness described in this Note, and any other amounts required
to be paid by Borrower under any of the Loan Documents that provide that they secure this Note.
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12
12.Bankruptcy. Borrower agrees that, notwithstanding ORS 73.0602 and ORS
73.0604, any payment under this Note that is avoided in a later bankruptcy proceeding or otherwise
will not be deemed a payment, and Borrower’s obligations under the Note will be reinstated or
supplemented, or both, to the extent of any payment so avoided. In that event, Borrower will not
be discharged even if this Note has been canceled, renounced, or surrendered.
13.Waiver of Jury Trial. BORROWER, AFTER CONSULTING OR HAVING HAD
THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY
IN ANY LITIGATION BASED UPON OR ARISING OUT OF THIS NOTE OR ANY
RELATED INSTRUMENT OR AGREEMENT OR ANY OF THE TRANSACTIONS
CONTEMPLATED BY THIS NOTE OR ANY COURSE OF CONDUCT, DEALING,
STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF EITHER OF THEM.
NEITHER THE BORROWER NOR THE LENDER MAY SEEK TO CONSOLIDATE, BY
COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION IN WHICH A JURY TRIAL HAS
BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED. THESE PROVISIONS MAY NOT BE DEEMED TO HAVE BEEN
MODIFIED IN ANY RESPECT OR RELINQUISHED BY EITHER THE BORROWER OR
LENDER EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY BOTH PARTIES.
The undersigned caused this Note to be duly executed on the day and year first written
above.
BORROWER:
City of Central Point
Exhibit Only – Do Not Sign
__________________________
By:
Its:
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EXHIBIT D
Deed of Trust
To be provided by District.
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Res. No.___________; (City Council Meeting 11/14/2024) Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING THAT PURCHASE AND SALE AGREEMENT – PROPERTY
EXCHANGE – CITY OF CENTRAL POINT/JACKSON COUNTY SCHOOL DISTRICT NO. 6
AND AUTHORIZING CITY MANAGER TO EXECUTE SAME
Recitals:
A.City is the owner of certain real property located in Jackson County, Oregon, and
commonly known as Township 37 South, Range 2 West, Section 10AB, Tax Lot 1300 (“City
Property”). City Property is approximately 4.16 acres in size and is developed with park/field and
parking lot improvements.
B.District is the owner of certain real property located in Jackson County, Oregon,
consisting of four (4) contiguous tax lots commonly known as: (i) Township 37 South, Range 2
West, Section 03CA, Tax Lot 200; (ii) Township 37 South, Range 2 West, Section 03CB, Tax Lot
200; (iii) Township 37 South, Range 2 West, Section 03CC, Tax Lot 116; and (iv) Township 37
South, Range 2 West, Section 03CD, Tax Lot 221 (collectively “District Property”). District
Property is approximately 7.06 acres in size and is developed with park improvements.
C.City desires to convey to District the City Property pursuant to the terms and
conditions of this Agreement. District desires to convey to City the District Property pursuant to
the terms and conditions of this Agreement.
D.The City Property and the District Property have been appraised, with the value of
the District Property exceeding the value of the City Property. The parties desire to utilize the
agreed-upon appraised values resulting in the City owing the District the difference in price which
will be payable pursuant to a promissory note over a term of 5-years.
The City of Central Point resolves as follows:
Section 1. The Central Point City Council Approves that Purchase and Sale Agreement –
Property Exchange – City of Central Point/Jackson County School District No. 6 attached
hereto, and authorizes the City Manager to execute same.
Passed by the Council and signed by me in authentication of its passage this _____ day
of November, 2024.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
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Staff Report DEPARTMENT: Planning MEETING DATE: November 14, 2024
STAFF CONTACT: Stephanie Powers, Planning Director
SUBJECT: Planning Commission Report
SUMMARY AND BACKGROUND:
The Central Point Planning Commission met at their regular meeting on November 5,
2024. There were two (2) quasi-judicial and one (1) legislative public hearing on the
agenda, including a Conditional Use Permit and Site Plan and Architectural Review for
Southern Oregon Goodwill and various land development code amendments in Titles 1,
16 and 17.
Southern Oregon Goodwill Conditional Use Permit
The Planning Commission conducted a public hearing to consider a secondhand/thrift
shop retail use on a 2.97 acre site within the C-5 (Thoroughfare Commercial) zoning
district at 4751 Biddle Road. The conditional use permit looked at the impact of the
proposed use on surrounding neighborhoods as well as traffic generation. Public
testimony raised issues about on-street parking along the main private retail street that
provides connectivity from Hamrick Road to the site and a larger commercial area. It
was noted that the narrow street width makes access difficult for larger vehicles and
would be prohibitive for semi-trucks making deliveries. Other issues raised had to do
with access and traffic concerns on Biddle Road. Following public testimony, the
Planning Commission considered the Traffic Impact Analysis, which found traffic
impacts were adequately distributed among an extensive private retail street system
and did not impose any conditions of approval as part of the final decision to approve
the Conditional Use Permit.
Southern Oregon Goodwill Site Plan & Architectural Review
The Planning Commission conducted a public hearing to consider a Site Plan and
Architectural Review application to develop a 20,480 square foot building and site
improvements for the Southern Oregon Goodwill second hand retail store, warehouse,
donation center and job connection office. The application focused on the site
development (Attachment 1) and architecture (Attachment 2) relative to compliance
with the design and development standards for commercial development in the C-5
zone. The Planning Commission had questions about internal circulation. During public
testimony, one resident spoke in favor of the application, noting that it’s an "awesome
plan" and that it would add to Central Point. The Planning Commission unanimously
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voted to approve the application with conditions addressing removal or relocation of a
gated access and agency conditions.
Land Development Code Amendments
The Planning Commission conducted a public hearing to consider various amendments
to the land development code. The proposed amendments are part of a larger effort to
review and update the land development code to provide clear and accessible
procedures and standards for land use and development in the City. The proposed
changes are foundational by establishing general provisions, clarifying existing policies
by providing clear and objective procedures, standards and approval criteria for land
use applications (annexations, adjustments and variances, conditional use permits,
replats and property line adjustments) and some land uses (fences and home
occupations). The Planning Commission discussed changes to the side yard setback
for corner lots, which are currently required to have a 10-ft setback on the corner side.
Some commissioners wanted more flexibility for property owners to move their fences
closer to the street, but did not recommend a change from 10-ft. The Planning
Commission unanimously voted to forward a favorable recommendation to the City
Council to approve the proposed code amendments without any changes.
The meeting adjourned at 9:00 p.m.
ATTACHMENTS/EXHIBITS:
1. Goodwill Site Plan
2. Goodwill Building Elevations
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