HomeMy WebLinkAboutResolution 800 - Code amendments to 17.05; 17.08; 17.10 and 17.96 ramoomonamno
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PLANNING COMMISSION RESOLUTION NO.800
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A
FAVORABLE RECOMMENDATION TO THE CITY COUNCIL
TO CONSIDER AMENDMENTS TO MUNICIPAL CODE
TITLE, SECTIONS 17.05 APPLICATIONS AND TYPES OF REVIEW PROCEDURE;
17.08 DEFINITIONS; 17.10 ZONING MAP AND TEXT AMENDMENTS; AND 17.96
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE ZONING CODE.
(File No: 14002)
WHEREAS, on April 1, 2014 the Planning Commission of the City of Central Point, held a duly-
noticed public hearing, at which time it reviewed the City staff report and heard public testimony on
the proposed amendments to Sections 17.05 Applications and Types of Review Procedure, 17.08
Definitions, 17.10 Zoning Map and Text Amendments, 17.96 Amendments to the Comprehensive Plan of
the Zoning Code, and 17.60.030 Accessory Uses, and determined that the amendments as proposed were
in the public interest and that the general welfare of the public will benefit by the proposed amendment;
and
WHEREAS, after reviewing the requested proposal and considering public testimony it is the
determination of the Planning Commission that the proposed amendments as set forth in attached Exhibit
"A" dated April 1, 2014 are minor adjustments that do not alter, or otherwise modify the uses and
character of development and land use within the City of Central Point, and is therefore determined to be
consistent with all of the goals, objectives,and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 800 does hereby accept, and forward to the City Council a recommendation that the
City Council favorably consider amending the City of Central Point Municipal Code as set forth in the
attached Exhibit "A".
PASSED by the Planning Commission and signed by me in authentication of its passage this 6'" day of
May, 2014.
aam
ATTEST: Planning Commission Chair
•
it Representative
Approved by me this 6`h day of May,2014.
0 ,
•
Planning Commission Chair
Planning Commission Resolution No. 800(4/1/2014)
APlanning Department artment STAFF REPORT CENTRAL Tom Humphrey.MCP.
Community Development Director
STAFF REPORT
May 6, 2014
AGENDA ITEM: File No. 14002
Consideration of Resolution No. 800 forwarding a favorable recommendation to the City Council to approve amendments
to Chapters 17.05 Applications and Types of Review Procedure, 17.08 Definitions, 17.10 Zoning Map and Text
Amendments, and 17.96 Amendments to the Comprehensive Plan of the Zoning Code;Applicant: City of Central Point.
STAFF SOURCE:
Don Burt, Planning Manager
BACKGROUND:
At the March 4, 2014 meeting the Planning Commission reviewed the proposed amendments to Chapters:
17.05 Applications and Types of Review Procedure;
17.08 Definitions;
17.10 Zoning Map and Text Amendments;and
17.96 Amendments to the Comprehensive Plan of the Zoning Code.
On April 1,2014 the Planning Commission held a public hearing on the proposed amendments,during which seven (7)
questions were raised. The public hearing was closed and final consideration was continued to the May 6th Planning
Commission meeting at which time staff was directed to respond to the questions presented at the public hearing.
The restated questions and staff response(italic)are:
1. Page 3, "such as reference" some concerns about not addressing a broader range of what
ifs.
Response: The "such as reference"is a direct quote from the Statewide Planning Goals
& Guidelines, Goal 2: Land Use Planning, Part 3 - Use of Guidelines, Subsection 1
Major Revisions
2. Page 3. Annexation as a Type III is ok, but there may be times when a Type IV is needed
(large areas).
Response:An additional category for legislative annexations was added to Table
17.05.1. (Yellow Hi-Lite)
3. Page 17, ix should be viii. There was some confusion relative to the requirement that
DLCD be noticed.
Response:Appropriately renumbered. Notice to DLCD is stated as an option per ORS
197.763(2)(C)(c). (Yellow Hi-Lite)
Page 1 of 2
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4. Page 20, Section 1.d replace"shall"with "may"
Response:Replaced the term "shall"with "may"giving the Planning Commission the
discretion to continue a public hearing or not. (Yellow Hi-Lite)
5. Page 33, 120-day rule conflict.
Response: The 120-day rule only applies to limited land use decisions per ORS 197.
Limited Land Use Decisions are identified in Table 17.05.1.
6. Page 47, Section 17.10.400.3, concern regarding findings for Type Ill zone changes that
services are available, or will be available within five years.
Response:Replaced the specific time reference with "or planned for construction in the
City's public facilities master plans;" (Yellow Hi-Lite)
7. Page 50, Section 17.96.500.C, same concern as above.
Response:Replaced the specific time reference with "or planned for construction in the
City's public facilities master plans;" (Yellow Hi-Lite)
ISSUES:
None
EXHIBITS/ATTACHMENTS:
Attachment"A —Resolution No. 800 with Proposed Amendments"
ACTION:
Consider resolution forwarding a recommendation to the City Council to approve the amendments as proposed..
RECOMMENDATION:
Approve Resolution No. 800.
Page 2 of 2
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ATTACHMENT "A"
PLANNING COMMISSION RESOLUTION NO. 800
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A
FAVORABLE RECOMMENDATION TO THE CITY COUNCIL
TO CONSIDER AMENDMENTS TO MUNICIPAL CODE
TITLE, SECTIONS 17.05 APPLICATIONS AND TYPES OF REVIEW PROCEDURE;
17.08 DEFINITIONS; 17.10 ZONING MAP AND TEXT AMENDMENTS; AND 17.96
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE ZONING CODE.
(File No: 14002)
WHEREAS, on April 1, 2014 the Planning Commission of the City of Central Point, held a duly-
noticed public hearing, at which time it reviewed the City staff report and heard public testimony on
the proposed amendments to Sections 17.05 Applications and Types of Review Procedure, 17.08
Definitions, 17.10 Zoning Map and Text Amendments, 17.96 Amendments to the Comprehensive Plan of
the Zoning Code, and 17.60.030 Accessory Uses, and determined that the amendments as proposed were
in the public interest and that the general welfare of the public will benefit by the proposed amendment;
and
WHEREAS, after reviewing the requested proposal and considering public testimony it is the
determination of the Planning Commission that the proposed amendments as set forth in attached Exhibit
"A" dated April 1, 2014 are minor adjustments that do not alter, or otherwise modify the uses and
character of development and land use within the City of Central Point, and is therefore determined to be
consistent with all of the goals, objectives, and policies of the City's Comprehensive Plan.
NOW, THEREFORE,BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 800 does hereby accept, and forward to the City Council a recommendation that the
City Council favorably consider amending the City of Central Point Municipal Code as set forth in the
attached Exhibit"A".
PASSED by the Planning Commission and signed by me in authentication of its passage this 6'h day of
May, 2014.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 6d day of May, 2014.
Planning Commission Chair
Planning Commission Resolution No. 800 (4/1/2014)
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
Chapter 17.05
APPLICATIONS AND TYPES O DEVELOPMENT PERMIT REVIEW
PROCEDURES
Sections:
17.05.100 Purpose and applicability of review procedures.
17.05.200 Type I procedure(administrative).
17.05.300 Type II procedure(administrative).
17.05.400 Type III procedure(quasi-judicial).
17.05.500 Type IV procedure(legislative).
17.05.600 General provisions--One-hundred-twenty-day rule--Time computation--
Pre-application conferences--Acceptance and review--Planning
official'eCommunity Development Director's duties--Amended
applieetienaDecision Process—Resubmittal Process—City Council
Review.
17.05.700 Special procedures.
17.05.800 Reserved
17.05.900 Traffic impact analysis.
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 for determining-to identify the review procedure}
applicable regulations,and the decision makingbeEly-approvine authority for particular
apprevalsdevelopment permit applications.
B. Applicability of Review Procedures. All land-use-and development permit applications
end-apprevalsidentified in Table 17.05.1, , shall be decided by
using the appropriate procedures contained in thin chapter 17.05. The procedurale
Page 1 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
"typeTwe"assigned to each development permit application governs the decision-
making process for that permit-oeappreeal. There are four tomes-"Types"of
penniNepprevsl-procedures: Type I, II, III, and IV, which are 'rtee p_o__a
described as follows: .. : __ •. ,
preeeclor-e(-07
1. Type I . Type I decisions procedures ere-apply to
administrative decisions made by the community development director or designee
without public notice and without a public hearing. The-Type I procedures is-are
used only when there are clear and objective approval standards and criteria the
application of which does not require the use of discretion-and-applying-city
A Type I decision is the City's final decision. There are no appeals to a Type I
procedural decision.
2. Type II . Type II decisions 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-and 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 scope of the
hearing is limited as provided in Section 17.05.100(B)(3). and is considered heefd
°•"•' '- = = : : -• the city's final decision.
3. Type III . Type III decisions-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.
Page 2 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
4. Type IV Procedure-(Legislative). Type IV preeedures-decisions a Bare
legislative nntttersdecisions 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.'Leg,latlye
pates 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. :: •
Table 17.05.1 provides a key to identify the review procedure for each land
development permit.
TABLE 17.05.1 __
Annexation
Ouasi-Judicial Type III Chanter 1.20 City Council No
Legislative Type IV Chapter 1.20 City Council No
Page 3 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
Conditional Use Permit Type III Chapter 17.76 Planning No
Commission
Extensions
Type I Procedures Type I Chapter P Director No
17.05.200(G)
Type II Procedures Type II Chapter
17.05.300(1) Director No
Land Division
Tentative Plan. Type II Chanter 16.36 Director recor Yes
Tentative Plan. Type III Chapter 16.10 Planning Yes
Subdivision }'P
Commission
Final Plat Type I Chapter 16.12 Director No
. , „,xc.
Modification of Approval
Major Type III Chapter 17.09.300 Planning Yes
Commission
Minor Type II Chapter 17.09.400 Director Yes
Planned Unit Development Type III Chapter 17.68 Planning Yes
Commission
Site Plan and Architectural
Review
Minor Type I Chapter 17.72 Director Yes
Major Type II Chapter 17.72 Director Yes
Tree Removal Type II Chapter 12.36 Director Yes
Page 4 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
Zoning Man and Zoning and
Land Division Code Text
Amendments
Minor Type III Chapter 17.10 City Council No
Major Type IV Chapter 17.10 City Council No
Table-1-7.00T
Approvals± Review
Annexation Typo IV Chapter 1.20
Code-Interpretation Typo II Chapter-+1-7,14
Cede Amendment Type IV Chapter 17.10
TYPe-P1
I Chapter .6
Entetisien-Recittest T}pe-I Chapter 17.05
Herne-Qeeupatien Type I
Illanfted-Unit-Develepinent Type III Chapter 17.6&
Modification-to-Approval -
Mayer Type II Chapter 17.09
Major Type III Chapter 17
glen-Aniendinent-eeZene-Ghange
�dieial Type III Section 17.12.030
Page 5 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
- —Legislative Type--IV ;ter 11-7.996
_. ... Typo I
Type ffi X66
Noneen€orming-Use
Typo II Ghapter-1446
- Partition
-
- Tentative-Plan Type-Il
T3pe4 Chapter 16.12
bawl-Use-Review Typo I
TSpe-II Chapter 17_72
- Subdivision
Te
Type-III Chapter 16.10
- Final—Plat Type I Chapter 16.12
Type IV Se..tio8no
Typo II 36
Variance Type II or III Chapter 17.13
Zoning,Major Type III Chapter 17.13
- Zoning,M;.er Type Il Chapter 17.13
SithEliViSiens44eiof Tyro III Chapter 17.13
- StilitlivisiensrMiner Type II Chapter 17.13
Conversion Plan Review Type-I-1 Chapter 16.32
Type II -
* 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.
(Ord. 1941 §§1, 2, 3, 2010; Ord. 1874 §1(part), 2006).
17.05.200 Type I procedure (administrative).
Page 6 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
A.Pre-Application Conference. A pre-application conference is not required for a Type I
permit application.
B. Application Requirements.
1. Application Forms. Type I permit applications shall be made on forms provided
by the planning department.
2. Application Submittal Requirements.Type I applications shall include:
a. Include theThe information requested on the application form;
b. Findings addressing mess-the Applicable Regulations per Table
17.05.leriterie '- . _ _'-- : : . : :_ : -; and
c. Be f' rtlteThe required fee.
BC. Administrative Decision-Requirements. The community development director's or
designee's decision shall address all relevantof the approval criteria and standards. Based
on the Applicable Regulations (Table 17.05.1)eriteria-and the facts contained within the
record,the community development director or designee shall approve or deny the
requested permit-er aetion. A written record of the decision shall be provided to the
applicant and kept on file at City Rollin the Community Development Department.
ED. Final Decision. A decision on a Type I decision permit application is the final
decision of the city and may not be appealed-farther.
DE. Effective Date. A Type I decision is final on the date it is made per Section
17.05.200(C),and unless construction has been started and diligently pursued shall expire
one-year from the decision date.
F. Appeal. A decision on a Type I application may not be appealed.
EG. Extensions. The community development director shall,upon written request by the
applicant and payment of the required fee, grant a written one-year extension of the
original or last extension approval period;provided that:
Page 7 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
1. The land development permit authorizes extensions;
2.No changes are made to the original application as approved by the city;
23. There have been no changes in the zoning, land division codes or applicable
comprehensive plan provisions on which the approval was based. In the case where
the plan conflicts with a code or comprehensive plan change,the extension shall be
either:
a. Denied; or
b. At the discretion of the community development director the request for
extension maybe re-reviewed as a modification per Section 17.09.300;
34. The extension request is made-filed on or before the expiration of the original
or latest extension approvaper Section 17.05.200(E lea;;
45. If the time limit expired and no extension request has been filedgrnnted,the
application shall be void. (Ord. 1941 §4, 2010; Ord. 1874 §I(part),2006).
17.05.300 Type II procedure(administrative).
A. Pre-Application Conference. A pre-application conference is optional for a Type II
reviewapermit application. The requirements and procedures for a pre-application
conference are described in Section 17.05.600(C).
B. Application Requirements.
1. Application Forms. Type II applications shall be made on forms provided by the
planning department for the land development permit requested.
2. Submittal infewftatienRcouirements.The A Type II permit application shall
include:
a. The information requested on the application form;
Page 8 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
b. Findings addressing the Applicable
Regulations per Table 17.05.1.- -- - :_-
.. . . _ ._. . . . • . • .. .• • k .--. .. . . . ... . .
Wig. Note: at the discretion of the community development director
additional information may be required during the application processunder
17.05.1;
c.Inelude-oneOne set of pre-addressed mailing labels for all real property
owners of record who will receive a notice of the application as required in
subsection C of this section. The records of the Jackson County assessor's
office are the official records for determining ownership. The applicant shall
produce the notice list using the most current Jackson County assessor's real
property assessment records to produce the notice list. The city shall mail the
notice of application; and
d. The required fee.
3.Notice of Acceptance. Within fourteen(14)days of submittal the community
development director or designee shall notify the applicant in writing of:
a. The procedural type used for the application. In some circumstances,a
Type II application may be referred to a Type III procedure.When such a
referral is made it shall be made at the time of Notice of Acceptance,
after which the application shall be processed as a Type III application.
When a Type II application is referred to a Type III application no new
application is required: and
b. Acceptance of the application; or
c. Non-acceptance of the application with an itemization of the
deficiencies and deadline for correction of the deficiencies;
C.Notice of Application for Type II "Administr-atin-Decision.
Page 9 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
1. Before making a Type II administrative decision, the community development
director or designee shall mail notice to:
a. All owners of record of real property within a minimum of one hundred
(100)feet of the exterior boundaries of the subject site;
b. All city-recognized neighborhood groups or associations whose boundaries
include the site;
c. Any person who submits a written request to receive a notice; and
d. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The city may notify
other affected agencies.The city shall notify the county or ODOT, and the
rail authority, when there is a proposed development abutting or within one
hundred(100) feet of an affected transportation facility and allow the agency
to review, comment on,and suggest conditions of approval for the
application.
32.Notice of a pending Type II administrative decision shall:
a. Provide a fourteen-day(14)day period for submitting written comments
before a decision is made on the permit;
b. List the relevant approval criteria by name and number of code sections;
c. State the place, date and time the comments are due, and the person to
whom the comments should be addressed;
Page 10 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
d. Include the name and telephone number of a contact person regarding the
administrative decision;
e. Describe the proposal and identify the specific permits or approvals
requested;
f. Describe the street address or other easily understandable reference to the
location of the site;
g. State that, if any person fails to address the relevant approval criteria with
enough detail, they may not be able to appeal to the land use board of appeals
or circuit court on that issue and that only comments on relevant approval
criteria are considered relevant evidence;
h. State that all evidence relied upon by the community development director
or designee to make this decision is in the public record, available for public
review. Copies of this evidence may be obtained at a reasonable cost from the
city;
i. State that,after the comment period closes, the community development
director or designee shall issue a Type II administrative decision, and that the
decision shall be mailed to the applicant and to anyone else who submitted
written comments or who is otherwise legally entitled to notice;
j. Contain the following notice: "Notice to mortgagee, lien holder, vendor, or
seller: The City of Central Point Land Development Code requires that if you
receive this notice it shall be promptly forwarded to the purchaser."
D. Administrative Decision Requirements. The community development director or
designee shall make a Type II written decision addressing all of the relevant approval
criteria and standards. Based upon the criteria and standards, and the facts contained
within the record,the community development director or designee shall approve,
approve with conditions, or deny the requested permit or action.
Page 11 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
•._- : : :- - - ••: -- - ---- -- -- : -. . ,
E. Notice of Decision.
1. Within five(days after the community development director or designee signs
the decision, a notice of decision shall be sent by mail to:
a. The applicant and all owners or contract purchasers of record of the site
that is the subject of the application;
b. Any person who submitted a written request to receive notice, or provides
comments during the application review period;
c. Any city-recognized neighborhood group or association whose boundaries
include the site; and
d. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city, and other agencies
that were notified or provided comments during the application review
period.
2. The community development director or designee shall cause an affidavit of
mailing the notice to be prepared and made a part of the file. The affidavit shall
show the date the notice was mailed and shall demonstrate that the notice was
mailed to the parties above and was mailed within the time required by law.
3. The Type II notice of decision shall contain:
a. A description of the applicant's proposal and the city's decision on the
proposal(i.e.,may be a summary);
b. The address or other geographic description of the property proposed for
development, including a map of the property in relation to the surrounding
area, where applicable;
Page 12 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
c. A statement of where a copy of the city's decision may be obtained;
d. The date the decision shall become final,unless appealed;
e. A statement that all persons entitled to notice may appeal the decision; and
f. A statement briefly explaining how to file an appeal,the deadline for filing
an appeal,and where to obtain further information concerning the appeal
process.
F. Effective Date. A Type II decision is final for
purposes of appeal when the Notice of Decision per Section 17.05.300(E*is mailed by
the city and becomes . • - .. .. • . .._ • - -ffective en the-dayten(10)
days from the date of mailing of the Notice of Decision after the appeal_eriod_x_i_e. If
an appeal is filed within the ten(10) day period,the decision is-does not become effective
when-until the appeal is decided.
G. Appeal. A Type II administrative-decision may be appealed to the planning
commission as follows:
1. Who May Appeal.The following people have legal standing to appeal a Type II
decision:
a. The applicant or owner of the subject property;
b. Any person who was entitled to written notice of the Type II administrative
decision;
c. Any other person who participated in the proceeding by submitting written
comments.
2. Appeal Filing Procedure.
a. Notice of Appeal.Any person with standing to appeal, as provided in
subsection 17.05.300(G,)(1)ef this-section, may appeal a Type II
administrative-decision by filing a notice of appeal according to the following
procedures;
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EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
b. Time for Filing. A notice of appeal shall be filed with the community
development director or designee within€eurteenten(10)days e€from the
date the notice of decision was mailed;
c. Content of Notice of Appeal. The notice of appeal shall contain:
i. An identification of the decision being appealed, including the date of
the decision;
ii. A statement demonstrating the person filing the notice of appeal has
standing to appeal;
iii. A statement explaining the specific issues being raised on appeal;
iv. If the appellant is not the applicant, a statement demonstrating that
the appeal issues were raised during the comment period; and
v. The applicable filing fee.
3. Scope of Appeal. The appeal of a Type II aecision by a person
with standing shall be a hearing before the planning commission. The appeal shall
be limited to the application materials, evidence and other documentation, and
specific issues raised in the Type II administrative-review.
4. Appeal Procedures. Type III notice, hearing procedures,and decision process
shall else be used for all Type II administrative appeals, as provided in Sections
17.05.400(C)through(E);
5. Final Decision. The decision of the planning commission regarding an appeal of
a Type II decision is the final decision of the city. (Ord. 1874
§1(part), 2006).
H. Extensions. The community development director shall,upon written request by the
applicant and payment of the required fee, grant a written one-year extension of the
original or last extension approval period; provided:
1. The land development permit authorizes extensions;
Page 14 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
2. No changes are made to the original application as approved by the city;
3. There have been no changes in the zoning, land division code, or applicable
comprehensive plan provisions on which the approval was based. In the case where
the plan conflicts with a code or comprehensive plan change, the extension shall be
either:
a. Denied; or
b. At the discretion of the community development director the request for
extension maybe re-reviewed as a modification per Section 17.09.300;
4.The extension request is filed on or before the expiration of the original or latest
extension approval per Section 17.05.300(F);
5. If the time limit expired and no extension request has been filed, the application
shall be void..
17.05.400 Type III procedure-( asi-judieial).
A. Pre-Application Conference.A pre-application conference is required for all Type III
applications. The requirements and procedures for a pre-application conference are
described in Section 17.05.600(C).
B. Application Requirements.
1. Application Forms. Type III applications shall be made on forms provided by
the community development director or designee for the land development permit
requested. ; however, if a Type II application is referred to a Type III hearing,
required_
2. Submittal In€ermetienRequirements. When a Type III application is required, it
shall include:
• Page 15 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
a. .-: .: : -: - : ,: ': - - - completed
application form with required attachments;
b. Be ne copy of a narrative statement(findings and
conclusions)that explains how the application satisfies each and all of the
relevant criteria and standards in sufficient detail for review and decision-
making.Note: additional information may be required under the specific
applicable regulations for each approval as referenced in Table 17.05.1;
c. The required fee; and
d. Inelude-exeOne set of pre-addressed mailing labels for all real property
owners of record who will receive a notice of the application as required in
Sections 17.05.400(C)_(1)(a)(i), (ii), (iv) and (v).The records of the Jackson
County assessor's office are the official records for determining ownership.
The applicant shall produce the notice list using the most current Jackson
County assessor's real property assessment records to produce the notice list.
The city shall mail the notice of application.The failure of a property owner
to receive notice as provided in Section 17.05.400(C)shall not invalidate such
proceedings provided the city can demonstrate by affidavit that such notice
was Riven.
C. Netie of HearingNotification Requirements.
1. Mailed Notice.The city shall mail the notice of the Type III aetionhearing.The
.. .. -. .. .. - • . .-. ' . Y -- --.
Eleterminirtgeweeifshipr Notice of a Type III application hearing
heaping-shall be given by the community development director or designee in the
following manner:
a. At least twenty(20)days before the hearing date, or if two or more
hearings are allowed, ten(10)days before the first hearing, notice shall be
mailed to:
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Dated: May 6, 2014
i.The applicant and all owners or contract purchasers of record of the
property on the most recent property tax assessment role that is the
subject of the application;
ii.All property owners of record on the most recent property tax
assessment role within one-hundred(100)feet of the site, including
tenants of a mobile home or manufactured dwelling nark;
iii. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The city may
notify other affected agencies. The city shall notify the county road
authority, or ODOT,and rail authority ark-owner for applications that
are • : : : . . ... .. . . . .. abutting or affecting their
transportation facility and allow the agency to review, comment on,and
suggest conditions of approval for the application.
iv. Owners of airports in the vicinity shall be notified of a proposed zone
change in accordance with ORS 227.175;
v. Any neighborhood or community organization recognized by the city
council and whose boundaries include the property proposed for
development;
vi. Any person who submits a written request to receive notice;
vii. For appeals,the appellant and all persons who provided testimony in
the original decision; and
with ORS 227.175.
viii. At the applicants discretion notice may also beprovided to the
Department of Land Conservation and Development.
Page 17 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
b. The community development director or designee shall prepare an affidavit
of notice and the affidavit shall be made a part of the file.The affidavit shall
state the date that the notice was mailed to the persons who were sent notice.
'• - : . .
2. Content of Notice.Notice : : ..:: • . . - . -_ • .-
notice of a Type III hearing shallte be mailed and-published-per subseetienSection
17.05.400(C)(4)of this section and shall contain the following information:
a. An explanation of the Tho nature of the application and the proposed land
use or uses that could be authorized for the property;
b. The applicable criteria and standards from the zoning and subdivision
dev ent cod (s), and comprehensive plan that apply to the application;
c. The street address or other easily understood geographical reference to the
subject property;
d. The date,time, and location of the public hearing;
e. A statement that the failure to raise an issue in person, or in writing at the
hearing,or failure to provide statements or evidence sufficient to afford the
decision-maker an opportunity to respond to the issue prior to the close of the
final hearing,means that an appeal based on that issue cannot be raised at the
State Land Use Board of Appeals;
f. The name of a city representative to contact and the telephone number and
email address where additional information on the application may be
obtained;
g. A statement that a copy of the application, all documents and evidence
submitted by or for the applicant, and the applicable criteria and standards can
Page 18 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
be reviewed at the city of Central Point City Hall at no cost and that copies
shall be provided at a reasonable cost;
h. A statement that a copy of the city's staff report and recommendation to the
hearings body shall be available for review at no cost at least seven(7)days
before the hearing, and that a copy shall be provided on request at a
reasonable cost;
i. A general explanation of the requirements to submit testimony, and the
procedure for conducting public hearings; and
j. The following notice: "Notice to mortgagee, lien holder, vendor, or seller:
The City of Central Point Land Development Code requires that if you
receive this notice it shall be promptly forwarded to the purchaser."
D. Conduct of the Public Hearing.
1. At the commencement of the hearing, the hearings body shall state to those in
attendance:
a. The applicable approval criteria and standards that apply to the application
or appeal;
b. A statement that testimony and evidence shall be directed at the approval
criteria described in the staff report, or other criteria in the comprehensive
plan or land use regulations that the person testifying believes to apply to the
decision;
c. A statement that failure to raise an issue with sufficient detail to give the
hearings body and the parties an opportunity to respond to the issue means
that no appeal may be made to the State Land Use Board of Appeals on that
issue;
d. Before the conclusion of the first evidentiary hearing, any participant may
ask the hearings body for an opportunity to present additional relevant
evidence or testimony that is within the scope of the hearing. The hearings
Page 19 of 53
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„SiN3WGN3Wtl 03SOdOHd —V„ 1191HX3
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
effective on the day after the appeal is decided by the city council. An appeal of a
land use decision to the State Land Use Board of Appeals must be filed within
twenty-one(21)days of the city council's written deeisiedecision is mailed by the
eityn.
G. Appeal. A Type III decision made by the planning commission may be appealed to the
city council as follows:
1. Who May Appeal. The following people have legal standing to appeal a Type III
decision:
a. The applicant or owner of the subject property;
b. Any person who was entitled to written notice of the Type III decision;
c. Any other person who participated in the proceeding by submitting written
comments.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in
subseetion Section 17.05.400(F)(1)ofthis-seetion,may appeal a Type III
decision by filing a notice of appeal according to the following procedures;
b. Time for Filing. A notice of appeal shall be filed with the community
development director or designee within ten(10) days of the date the notice
of decision was mailed;
c. Content of Notice of Appeal. The notice of appeal shall contain:
i. An identification of the decision being appealed, including the date of
the decision;
ii. A statement demonstrating the person filing the notice of appeal has
standing to appeal;
iii. A statement explaining the specific issues being raised on appeal;
Page 25 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
iv. If the appellant is not the applicant,a statement demonstrating that
the appeal issues were raised during the comment period; and
v. The applicable filing fee.
3. Scope of Appeal. The appeal of a Type III decision is limited to the issues and
evidence in the record before the earing bodysl3all be lir ited
4. Appeal Procedures.Type HI notice,hearing procedure and decision process shall
also be used for all Type III appeals, as provided in Sectionsubseetiens
17.05.400(C)through(E) is-seetion;
5. Final Decision. The decision of the city council regarding an appeal of a Type III
decision is the final decision of the city. (Ord. 1874 §1(part), 2006).
H. Extensions. The community development director shall, upon written request by the
applicant and payment of the required fee, grant a written one-year extension of the
original or last extension approval period; provided:
1. The land development permit authorizes extensions;
2. No changes are made to the original application as approved by the city;
3.There have been no changes in the zoning, land division code, or applicable
comprehensive plan provisions on which the approval was based. In the case where
the plan conflicts with a code or comprehensive plan change, the extension shall be
either:
a. Denied; or
b. At the discretion of the community development director the request for
extension maybe re-reviewed as a modification per Section 17.09.400;
4. The extension request is filed on or before the expiration of the original or latest
extension approval per Section 17.05.400(F)(6);
Page 26 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
5. If the time limit expired and no extension request has been filed,the application
shall be void.
17.05.500 Type IV procedure(legislative).
A. Pre-Application Conference. A pre-application conference is required for all Type IV
applications initiated by a party other than the city of Central Point. The requirements and
procedures for a pre-application conference are described in Seetietr17.05.600(C).
B. Timing of Requests. Acceptance timing varies for Type IV applications(see Table
17.05.1 for applicable section reference). -- : o .. -:- : -:
- - - . - . - t . . .. -- e ; pros ded that-the
C. Application Requirements.
1. Application Forms. Type IV applications shall be made on forms provided by
the community development director or designee.
2. Submittal Information. The application shall contain:
a. The information requested on the application form;
b. A map and/or plan addressing the appropriate criteria and standards in
sufficient detail for review and decision(as applicable);
c. The required fee; and
d. One copy of a letter or narrative statement(findings and conclusions)that
explains how the application satisfies each and all of the relevant approval
criteria and standards applicable to the specific Type IV application.
D. Notice of Hearing.
1. Required Hearings. A minimum of two hearings, one before the planning
commission and one before the city council, are required for all Type IV
Page 27 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
applications, : :.-.-- . . . . ::•.. :
2.Notification Requirements.Notice of public hearings for-the-request-shall be
given by the community development director or designee in the following
manner:
a.At least twenty-ten(10) days, but not more than forty(40)days, before the
date of the first hearing :- : - : :'-:.-:: - ; : :::.:: : :...:.: ..•a notice, .: . _.. :. _. . : - .. ._ • -
ORS 227.175shall be-and mailed to:
Any affected governmental agency;
srtn. Any person who requests notice in writing;
227.175;
. , . , :'-:: - • •-: -: : :- : :-. - - - •.
accordance with ORS 227.175.
b. At least ten(10)days before the first
public hearing date, and fourteen(14) days before the city council hearing
date,public notice shall be published in a newspaper of general circulation in
the city.
c. The community development director or designee shall:
Page 28 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
i. For each mailing of notice, file an affidavit of mailing in the record as
provided by Sectionsebeeet-iee-17.05.500(D)(2)(a) is-section; and
ii. For each published notice, file in the record the affidavit of
publication in a newspaper that is required in Sectionsubseefien
17.05.500(D)(2)(b)of this section.
d. The Oregon Department of Land Conservation and Development(DLCD)
shall be notified in writing of proposed comprehensive plan and development
code amendments within the time period prescribed by DLCDot least'15 days
be-Feeeived. The notice to DLCD shall include a DLCD Certificate of
Mailing.
3. Content of Notices. The mailed and published notices shall include the following
information:
a. The number and title of the file containing the application, and the address
and telephone number of the community development director or designee's
office where additional information about the application can be obtained;
b. The proposed site location, if applicable;
c. A description of the proposal in enough detail for people to determine what
change is proposed,and the place where all relevant materials and
information may be obtained or reviewed;
d. The time(s),place(s), and date(s)of the public hearing(s); a statement that
public oral or written testimony is invited; and a statement that the hearing
will be held under this title and rules of procedure adopted by the council and
available at City Hall (se- . : -• - . . -_ ':-Section17.05.500(E));
and
Page 29 of 53
EXHIBIT "A— PROPOSED
Da Dated: May 6, 2014
. 1;:,. _ Y. - .. t .: • ___ ..
E. Hearing Process and Procedure. Conduct of Public Hearing
1.Unless otherwise provided in the rules of procedure adopted by the city council:
a. The presiding officer of the planning commission and of the city council
shall have the authority to:
i. Regulate the course, sequence,and decorum of the hearing;
ii. Direct procedural requirements or similar matters;
iii. Impose reasonable time limits for oral presentations; and
iv.Waive the provisions of this chapter so long as they do no prejudice
the substantial rights of any party.
b.No person shall address the commission or the council without:
i.Receiving recognition from the presiding officer; and
ii. Stating his or her full name and address.
c.Disruptive conduct such as applause, cheering, or display of signs shall be
cause for expulsion of a person or persons from the hearing,termination or
paee30 of 53
EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
continuation of the hearing, or other appropriate action determined by the
presiding officer.
2. Unless otherwise provided in the rules of procedures adopted by the council, the
presiding officer of the commission and of the council shall conduct the hearing as
follows:
a. The presiding officer shall begin the hearing with a statement of the nature
of the matter before the body, a general summary of the procedures, a
summary of the standards for decision-making, and whether the decision
which will be made is a preliminary decision, such as a recommendation to
the city council or the final decision of the city;
b. The community development director or designee's report and other
applicable staff reports shall be presented;
c. The public shall be invited to testify;
d. The public hearing may be continued to allow additional testimony or it
may be closed; and
e. The body's deliberation may include questions to the staff, comments from
the staff, and inquiries directed to any person present.
F. Continuation of the Public Hearing. The planning commission or the city council may
continue any hearing, and no additional notice of hearing shall be required if the matter is
continued to a specified place, date, and time.
G. Decision-Making Criteria Decision Process.The recommendations by the citizen
advisory committee, the planning commission and the decision by the city council shall
be based on the applicable criteria as referenced in Table 17.05.1. following s
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H. Approval Process and Authority.
1. The citizen advisory committee and planning commission shall:
a. The citizens advisory committee,afterAfter notice and discussion at a
public heaneeting, vote on and prepare a recommendation to the city
council to approve, approve with modifications, approve with conditions,
deny the proposed change, or adopt an alternative; and
b, The planning commission, after notice and a public hearing,vote on and
prepare a recommendation to the city council to approve,approve with
modifications, approve with conditions,deny the proposed change, or adopt
an alternative; and
b. Within€eufteen-ten(10)bosinessdays of adopting a recommendation,the
presiding officer shall sign the written recommendation, and it shall be filed
with the community development director or designee.
2. Any member of the citizen advisory committee or planning commission who
votes in opposition to the planning majority recommendation may
file a written statement of opposition with the community development director or
designee before the council public hearing on the proposal.The community
development director or designee shall send a copy to each council member and
place a copy in the record;
3. If the citizen advisory committee or planning commission does not adopt a
recommendation to approve, approve with modifications, approve with conditions,
deny the proposed change,or adopt an alternative proposal within sixty(60)days
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of its first public hearing on the proposed change,the community development
director or designee shall:
a. Prepare a report to the city council on the proposal, including noting the
citizens advisory committee's or planning commission's actions on the
matter, if any; and
b. Provide notice and put the matter on the city council's agenda for the city
council to hold a public hearing and make a decision. No further action shall
be taken by the citizen advisory committee or planning commission.
4. The city council shall:
a. Consider the recommendation of the citizen advisory committee and
planning commission; however,the city council is not bound by the
committee's or the commission's recommendation;
b. Approve, approve with modifications, approve with conditions, deny, or
adopt an alternative to an application for legislative change, or remand the
application to the planning commission for rehearing and reconsideration on
all or part of the application; and
c. If the application for legislativc change is approved, the council shall act by
ordinance,which shall be signed by the mayor after the council's adoption of
the ordinance.
I. Vote Required for a Legislative Change.
1. A vote by a majority of the qualified voting members of the citizens advisory
committee present is required for a recommendation for approval,approval with
modifications, approval with conditions,denial or adoption of an alternative.
2. A vote by a majority of the qualified voting members of the planning
commission present is required for a recommendation for approval, approval with
modifications,approval with conditions, denial or adoption of an alternative.
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23. A vote by a majority of the qualified members of the city council present is
required to decide any motion made on the proposal.
J. Notice of Decision.Notice of a Type IV decision shall be mailed to the applicant, all
participants of record,and the Department of Land Conservation and Development,
within five 11usiness-days after the city council decision is filed with the community
development director or designee. -- : . . . . . ._ , . . .- .
K. Final Decision and Effective Date. A Type IV decision, if approved, shall take effect
and shall become final as specified in the enacting ordinance, or if not approved,upon the
date of mailing of the notice of decision to the applicant.
L. Record of the Public Hearing.
1. A verbatim record of the proceeding shall be made by stenographic, mechanical,
or electronic means. It is not necessary to transcribe an electronic record.The
minutes and other evidence presented as a part of the hearing shall be part of the
record;
2. All exhibits received and displayed shall be marked to provide identification and
shall be part of the record;
3. The official record shall include:
a. All materials considered and not rejected by the hearings body;
b. All materials submitted by the community development director or
designee to the hearings body regarding the application;
c. The verbatim record made by the stenographic, mechanical,or electronic
means; the minutes of the hearing; and other documents considered;
d. The final decision;
e. All correspondence; and
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f. A copy of the notices that were given as required by this chapter. (Ord.
1874 §1(part), 2006).
17.05.600 General procedural provisions _Onc hundred twenty day rulc Time
A. One-Hundred-Twenty-Day(120)Rule. In accordance with ORS 227.178 the The-city
shall take final action on all limited land use decisions as identified in Table 17.05.1,
including resolution of all appeal • -: :: : : : •:: '.•• --
-• :-:_ - - - - - - • • .- , within one hundred twenty(120) days
from the date the application is deemed as complete,unless the applicant requests an
extension in writing. The iowever,the total of all extensions may not exceed two
hundred forty-five (245)days. Any exceptions to this rule shall conform to the provisions
of ORS 227.178. " - - - : :::• -: . . .• • •
•.. .
B. Time Computation. In computing any period of time prescribed or allowed by this
chapter,the day of the act or event from which the designated period of time begins to
run shall not be included. The last day of the period so computed shall be included, unless
it is a Saturday or legal holiday, including Sunday, in which event the period runs until
the end of the next day which is not a Saturday. Sunday,or legal holiday.
C. Pre-Application Conferences.
1. Participants. When a pre-application conference is required, the applicant shall
meet with the community development director or his/her designee(s) and such
other parties as the community development director deems appropriate;
2. Information Provided. At such conference, the community development director
or designee shall:
a. Cite the comprehensive plan policies and map designations that appear to
be applicable to the proposal;
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b. Cite the ordinance provisions, including substantive and procedural
requirements that appear to be applicable to the proposal;
c. Provide available technical data and assistance that will aid the applicant;
d. Identify other governmental policies and regulations that relate to the
application; and
e. Reasonably identify other opportunities or constraints concerning the
application.
3. Disclaimer. Failure of the community development director or designee to
provide any of the information required in Sectionby
seetien 17.05.600(C) shall not constitute a waiver of any of the standards, criteria
or requirements for the application;
4. Changes in the Law. Due to possible changes in federal, state, regional, and local
law, the applicant is responsible for ensuring that the application complies with all
applicable laws.
D. Acceptance and Review of Applications.
1. Initiation of Applications.
a. Applications for approval under this chapter may be initiated by:
i. Order of city council;
ii. Resolution of the planning commission;
iii.The community development director or designee;
iv. A record owner of property(person(s)whose name is on the most
recently recorded deed),or contract purchaser with written permission
from the record owner.
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b. Any person authorized to submit an application for approval may be
represented by an agent authorized in writing to make the application on their
behalf.
2. Consolidation of Proceedings. When an applicant applies for more than one type
of land use or development permit(e.g., Type II and III) for the same one or more
parcels of land,the proceedings may, at the option of the applicant,be consolidated
for review and decision.
a. If more than one approval authority would be required to decide on the
applications if submitted separately, then the decision shall be made by the
respective approval authority having original-jurisdiction over each tune
procedure : -: : - : • • - - - - - ••
b. When proceedings are consolidated:
i. The notice shall identify each application to be deeidedconsolidated;
ii.The decision on a plan map amendment shall precede the decision on
a proposed land use district change and other decisions on a proposed
development. Similarly,the decision on a zone map amendment shall
precede the decision on a proposed development and other actions; and
iii. Separate findings shall be made ee for each consolidated application.
3. Check for Acceptance and Completeness. In reviewing an application for
completeness, the following procedure shall be used:
a. Acceptance. When an application is received by the city,the community
development director or designee shall immediately determine whether the
following essential items are present. If the following items are not present,
the application shall not be accepted and shall be immediately returned to the
applicant:
i.The required form;
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ii. The required fee;
iii. The signature of the applicant on the required form and signed
written authorization of the property owner of record if the applicant is
not the owner.
b. Completeness.
i. Review and Notification. After the application is accepted, the
community development director or designee shall review the
application for completeness. If the application is incomplete, the
community development director or designee shall notify the applicant
in writing of exactly what information is missing within thirty(30)days
of receipt of the application and allow the applicant one hundred eighty
(180) days to submit the missing information.
ii. Application deemed complete for review. In accordance with the
application submittal requirements of this chapter,the application shall
be deemed complete upon the receipt by the community development
director or designee of all required information.The applicant shall have
the option of withdrawing the application,or refusing to submit further
information and requesting that the application be processed
notwithstanding any identified incompleteness. For the refusal to be
valid, the refusal shall be made in writing and received by the
community development director or designee.
iii. If the applicant does not submit all of the missing information or
provide written notice that no further information will be provided
(whether some of the additional information has been provided or not)
within one hundred eighty(180)days of the date the initial submittal
was accepted per 17.05.600(3)(a),the application is void.
iv. Standards and Criteria That Apply to the Application. Approval or
denial of the application shall be based upon the standards and criteria
that were applicable at the time it was first accepted,unless the
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application is for a change to the comprehensive plan or land use
regulations.
v. Coordinated Review. The city shall also submit the application for
review and comment to the city engineer,road authority, and other
applicable county, state,and federal review agencies.
4. Changes or Additions to the Application . Once an
application is deemed complete per 17.05.600(3)(bl:
a. All documents and other evidence relied upon by the applicant shall be
submitted to the community development director or designee at least seven
days before the notice of action or hearing is mailed. Documents or other
evidence submitted after that date shall be received by the community
development director or designee, and transmitted to the hearings body,but
may be too late to include with the staff report and evaluation;
b. When documents or other evidence are submitted by the applicant during
the review period but after the notice of action or hearing is mailed, the
assigned review person or body shall determine whether or not the new
documents or other evidence submitted by the applicant significantly change
the application;
c. If the assigned reviewer determines that the new documents or other
evidence significantly change the application,the reviewer shall include a
written determination to the approving authority that a significant change in
the application has occurred as part of the decision. In the alternate, the
reviewer may inform the applicant either in writing,or orally at a public
hearing, that such changes may constitute a significant change, and allow the
applicant to withdraw the new materials submitted, in order to avoid a
determination of significant change;
d. If the applicant's new materials are determined to constitute a significant
change in an application that was previously deemed complete, the city shall
take one of the following actions, at the choice of the applicant:
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i. Suspend the existing application and allow the applicant to submit a
revised application with the proposed significant changes. Before the
existing application can be suspended,the applicant must consent in
writing to waive the one-hundred-twenty(120)day rule(st bseetien
17.05.600(A` ofmoe n)on the existing application. If the
applicant does not consent,the city shall not select this option;
ii.Declare the application,based on the significant change, a new
application and reprocess accordingly.
e. If a new application is submitted by the applicant,that applicant shall pay
the applicable application fee and shall be subject to a separate check for
acceptance and completeness and will be subject to the standards and criteria
in effect at the time the new application is accepted.
E. Community Development Director's Duties. The community development director or
designee shall:
1. Prepare application forms based on the criteria and standards in applicable state
law, the city's comprehensive plan, and implementing ordinance provisions;
2. Accept all development applications that comply with this section;
3. Prepare a staff report that summarizes the application(s)and applicable decision
criteria, and provides findings of conformance and/or nonconformance with the
criteria.The staff report may also provide a recommended decision of: approval;
denial; or approval with specific conditions that ensure conformance with the
approval criteria;
4. Prepare a notice of the proposal decision:
a. In the case of an application subject to a Type I or II review process,the
community development director or designee shall make the staff report and
all case-file materials available at the time that the notice of the decision is
issued;
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b. In the case of an application subject to a public hearing(Type III or IV
process), the community development director or designee shall make the
staff report available to the public at least seven(7)days prior to the
scheduled hearing date, and make the case-file materials available when
notice of the hearing is mailed, as provided by Seetions-17.05.300(C)(Type
II), 17.05.400(C)(Type III), or 17.05.500(D)(Type IV);
5. Administer the application and hearings process;
6. File notice of the final decision in the city's records and mail a copy of the notice
of the final decision to the applicant, all persons who provided comments or
testimony, persons who requested copies of the notice,and any other persons
entitled to notice by law;
7. Maintain and preserve the file for each application for the time period required
by law. The file shall include, as applicable, a list of persons required to be given
notice and a copy of the notice given; the affidavits of notice,the application and
all supporting information,the staff report,the final decision(including the
findings, conclusions and conditions, if any),all correspondence, minutes of any
meeting at which the application was considered, and any other exhibit,
information or documentation which was considered by the decision-maker(s)on
the application; and
8. Administer the appeals and review process.
F. Amended Decision Process.
1. The purpose of an amended decision process is to allow the community
development director or designee to correct typographical errors, rectify
inadvertent omissions and/or make other minor changes that do not materially alter
the decision.
2. The community development director or designee may issue an amended
decision after the notice of final decision has been issued but before the appeal
period has expired. If such a decision is amended,the decision shall be issued
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within fourteen(14)business days after the original decision would have become
final, but in no event beyond the one-hundred-twenty-day filflperiod required by
state law. A new ten-day(10) appeal period shall begin on the day the amended
decision is issued.
3.Notice of an amended decision shall be given using the same mailing and
distribution list as for the original decision notice.
4. Modifications to approved plans or conditions of approval requested by the
applicant shall follow the procedures in Chapter 17.09. All other changes to
decisions that are not modifications under Chapter 17.09 shall follow the appeal
process.
G. Resubmittal of Application Following Denial. An application or proposal that has
been denied, or that was denied and on appeal or review has not been reversed by a
higher authority, including the Land Use Board of Appeals, the Land Conservation and
Development Commission or the courts, may not be resubmitted as the same or a
substantially similar proposal for the same land for a period of at least twelve months
from the date the final city action is made denying the same,unless there is substantial
change in the facts or a change in city policy that would change the outcome, as
determined by the community development director or designee.
H. City Council Review. The city council shall have the authority to call up any Type II
or Type III application for review. The decision to call up an application may occur at
any time after the application is filed until the decision is otherwise final. When the city
council calls up an application,the council shall, in its order of call up, determine the
procedure to be followed, including the extent of preliminary processing and the rights of
the parties. At a minimum,the council shall follow the procedures in Section
17.05.400(F), regarding appeals from Type III decisions. (Ord. 1874 §1(part),2006).
17.05.700 Special pr000dure3Expedited Land Divisions.
An expedited land division(ELD) shall be defined and may be used as
provided under ORS 197,360 through 197.380.
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1. Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or
planned development instead of the regular procedure type assigned to it, must request the use of
the ELD in writing at the time the application is filed,or forfeit his/her right to use it;
2. Review Procedure. All applications for expedited land divisions shall comply with ORS 197.360
through 197.380 and the Central Point comprehensive plan; ORS 197.360 through ORS 197.380
details the criteria, application and notice requirements,and action and appeal procedures for
expedited land divisions.
3. Appeal Procedure. An appeal of an ELD shall follow the procedures in ORS 197.375. (Ord. 1874
§1(part),2006).
17.05-800 Reserved
17.05.900 Traffic impact analysis.
The purpose of this section of the code is to assist in determining which road authorities participate in
land use decisions, and to implement Section 660-012-0045(2)(e) of the State Transportation Planning
Rule that requires the city to adopt a process to apply conditions to development proposals in order to
minimize impacts and protect transportation facilities.
This chapter establishes the standards for when a development proposal must be reviewed for potential
traffic impacts; when a traffic impact analysis must be submitted with a development application in order
to determine whether conditions are needed to minimize impacts to and protect transportation facilities;
what must be in a traffic impact analysis; and who is qualified to prepare the study.
A. When a Traffic Impact Analysis is Required. The city shall require a traffic impact analysis(TIA) as
part of an application for development, a change in use,or a change in access in the following situations:
1. If the application includes residential development, a TIA shall be required when the land
usedevelonment application involves one or more of the following actions:
a. A change in zoning or a plan amendment;
b. An increase in site traffic volume generation by two hundred fifty(250)average daily trips
or more;
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c. An increase in peak hour volume of a particular movement to and from the State highway
by twenty(20)percent or more; or
d. An increase in use of adjacent streets by vehicles exceeding the twenty thousand(20,000)
pounds gross vehicle weights by ten(10)vehicles or more per day;
2. If the application does not include residential development, a TIA shall be required when a land
use application involves one or more of the following actions:
a. A change in zoning or a plan amendment designation;
b. Any proposed development or land use action that a road authority, including the city,
Jackson County or ODOT, states may have operational or safety concerns along its
facility(ies);
c. An increase in site traffic volume generation by two hundred fifty average(250)daily trips
(ADT) or more;
d. An increase in peak hour volume of a particular movement to and from the State highway
by twenty(20)percent or more;
e. An increase in use of adjacent streets by vehicles exceeding twenty thousand (20,000)
pounds gross vehicle weight by ten(10)vehicles or more per day;
f.The location of the access driveway does not meet minimum sight distance requirements, as
determined by the city engineer,or is located where vehicles entering or leaving the property
are restricted, or such vehicles queue or hesitate on the state highway, creating a safety hazard
in the discretion of the community development director; or
g. A change in internal traffic patterns that, in the discretion of the community development
director, may cause safety problems, such as back-up onto a street or greater potential for
traffic accidents.
B. Traffic Impact Analysis Preparation. A traffic impact analysis shall be prepared by a traffic engineer or
civil engineer licensed to practice in the state of Oregon with special training and experience in traffic
engineering.The TIA shall be prepared in accordance with the public works department's document
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entitled"Traffic Impact Analysis."If the road authority is the Oregon Department of Transportation
(ODOT),consult ODOT's regional development review planner and OAR 734-051-180. (Ord. 1874
§1(part), 2006).
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Chapter 17.08
DEFINITIONS
"Development"means making a material change in the use or physical appearance of a
structure or land, dividing land into two or more parcels, including partitions and
subdivisions as provided in ORS 92.010 to 92.285. and creating or terminating a right of
access. ,- : , • • :: :_ : ::- -•
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Chapter 17.10
ZONING MAP AND ZONING CODE TEXT AMENDMENTS
Sections:
17.10.100 Amendments—Purpose.
17.10.200 Legislative Initiation of Amendmentsemendffients.
17.10.300—Major and Minor Amendments
17.10.100 17.10.400 Approval Criteria _: •:' • ' ' '
17.10.500 Conditions of Approval.
17.10.600 Record of Amendments : -- - • • - : :,-.-'- - - - -: -- .
17.10.100 Amendments Purpose.
The purpose of this chapter is to provide standards and procedures for legislative-major and quasi-
judieialminor amendments to this Code and/or the Central Point city zoning map (zoning map)-herein.
Tube-referred to as"map end-or text amendments." - -- - -- •_::-•- .. - : -- "---
s : .
ehanges-in-the-lawr(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.
17.05.300 Major and Minor Amendments
There are two types of map and text amendments:
A. Legislative Major amendments.
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Legislative Maior amendments are legislative policy decisions made by
city councilthat 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. They Major amendments are reviewed using the
Type IV procedure in Section-17.05.500 and shall conform to tho
statewide planning goals, the Central Point comprehensive pier
provisions in Section 17.10.600, as applicable. (Ord. 1874 §3(part),
2006).
B. 17.10.300 Quasi judieialMinor amendments.
Quasi-judieialMinor amendments are those that involve
the application of adopted policy to a specific development application-of-cede-revision, and not the
adoption of new policy(i.e., Maior Amendments).Quasi judieialMinor
Bening-map-amendments shall follow the Type III procedure, as governed-set forth in by-Section
17.05.401, . -• • : -::. : . .. . . - . . .. : . :. :-.The approval authority shall be as
fellews:the City Council after review and recommendation by the Planning Commission.
817.10.4007 Approval Criteria-fer--Quasi-Judieial-Amendments. A recommendation or a decision to
approve, approve with conditions or to deny an application for a-quasi judieial text or map-amendment
shall be based on written findings and conclusions that address ell-e€the following criteria:
1. Approval of the request is consistent with the applicable statewide planning goals (Major
amendments only);
2. Approval of the request is consistent with the Central Point comprehensive plan(Major and
Minor amendments);
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3. 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: and:• _ •: - --. _ _' '• '. : • -: :• ' : - Major
and Minor amendments); _ : :::- - •
34. The amendment :: - :---- : - : :. . ... -.- _ : '
0.600comulies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord. 1874
§3(part), 2006).
17.10.4500 Conditions of approval for quasi judicial amendments.
A. Major amendments decisions may only be approved or denied.
B. A quasi judicial Minor amendments decision may be for denial, approval, or approval with conditions.
Conditions shall be based on applicable regulations and factual evidence in the record. A legislative
_ _ ,. . .- . .. . .. . . . .:. Ord. 1874 §3(part), 2006).
17.10.500 600 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. 1874 §3(part), 2006).
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Chapter 17.96
e e " ' .• . •- . •. ._ - ' - •: COMPREHENSIVE PLAN AND
URBAN GROWTH BOUNDARY AMENDMENTS
Sections:
17.96.010 17.96.100 Preeeduro.Amendments-Purpose
17.96.200 Initiation of Amendments
17.96.020 17.96.300 Major Revisions and Minor Changes.
• = :: --=.17.96.400 Submittal Timing of
Proposals
17.96.050 17.96.500 Approval Criteria.
17.96.060 17.96.600 • .Record of Amendments
17.96.0—0-100 Amendments - PurposeP-reeed-u-re.
The purpose of this chapter is to provide procedures for amendments to the city's comprehensive plan,
including amendments to the urban growth boundary, that may be necessary from time to time as the
public necessity and convenience and general welfare requires. Amendments may be made to the
comprehensive plan by following the procedural requirements set forth in 17.05.500 and this chapter.
- -.• - :. .. - - -: : : : _ .(Ord. 1436 §2(part), 1981).
17.96.0-10-200 Initiation of amendments.
A proposed amendmentAmendment to the comprehensive plan or urban growth boundary may be
initiated by either:
A. A resolutionRcoolutien of-intention-1 of the planning commission to the city council;
B. A resolutiionResolution of intention by the city council; or
C. An applicationApplieetien by one or more property owners,or their agents, of property affected by the
proposed amendment. 4-- : - --- ::•:=: '
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- : ': • : -: e: :: ••_ -: ': • : : -. Ord. 1436 §2(part), 1981).
17.96.038-300 Major revisions and minor changes Time for hearing.
•'•- - tt • : __ _ _ _: :> . -• -• 'roposed amendments to the comprehensive
plan,including urban growth boundary amendments,shall-beam categorized as either major revisions-or
minor changes-amendments as defined in 17.05.100.4 •.-::
Proposals for major revisions shall be processed as a Type IV procedure per 17.05.500,,as-provided-fer-in
this-chapter; - : --: _ -: - : t- : - ..:.- . . .• • ..•- ,: -: t:. ., : • :_-proposals-Proposals for minor
changes shall likewise-be processed as a Type III procedure per 17.05.400.
: ', •- . -• - (Ord. 1615 §60, 9 9; Ord.
1436 §2(part), 1981).
17.96.040-400 Schedule of public hearingsSubmittal Timing of
Proposals. Applications for an amendment to the comprehensive plan, or
urban growth boundary, may be submitted at any time. Once accepted
proposals shall be scheduled by the city council by resolution of intent.
The applications and review thereof shall conform to the provisions of
17.05 of this code and all applicable laws of the state.
... . . . .. .. :. Ord. 1533A(part), 1984; Ord. 1436
§2(part), 1981).
17.96.030-500 Approval Criteria.
A recommendation or a decision to approve or to deny an application for
an amendment to the comprehensive plan, or urban growth boundary
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;
B.Approval of the request is consistent with the Central Point comprehensive plan;
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EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
C. For urban growth boundary amendments findings demonstrateing 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 : ; ; ' • , ::' ' ';• ' :.- Ma•or
and Minor amendments); and
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
- _ .__ _ _ . _. . . _ ._. ... _ _ •_ _ .. -
17.96.060 Action by city council.
proposcd amendment, receipt of any staff reports, and all evidence received at the public hearing held at
,.. . . -• - -- . . -- • - -. .. •. . - - --•. ... -- -- -- - -
C. In the event a petition for an amendment to the comprehensive plan is denied by the council, said
petition shall not be eligible for resubmission until the next date scheduled for review of proposed
amendments to the comprehensive plan. (Ord. 1436 §2(part), 1981).
17.96.600 Record of amendments.
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EXHIBIT "A— PROPOSED AMENDMENTS"
Dated: May 6, 2014
The city recorder shall maintain a record of any amendments to the comprehensive plan in a format
convenient for public use.
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