HomeMy WebLinkAboutOrdinance 1989ORDINANCE NO. I9$c\
AN ORDINANCE AMENDING CPMC CHAPTER 17.05, APPLICATIONS AND TYPES OF
REVIEW PROCEDURES; CHAPTER 17.08, DEFINITIONS; CHAPTER 17.10, ZONING MAP
AND TEXT AMENDMENTS AND CHAPTER 17.96 AMENDMENT TO THE
COMPREHENSIVE LAND -USE PLAN
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to
its municipal code which shall become part of the overall document and citation.
B. On May 6, 2014, the Central Point Planning Commission recommended approval of a code
amendment to CPMC Chapter 17.05; Chapter 17.08 and Chapter 17.10 (zoning)
clarifying the procedures for Comprehensive Plan Amendments and Application
Review.
C. On May 8, 2014, the City of Central Point City Council held a property advertised public hearing;
reviewed the Staff Report and findings; heard testimony and comments, and deliberated on
approval of the Municipal Code Amendment.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Chapter 17.05; Chapter 17.08 and Chapter 17.10 adds language
to the zoning code to clarify procedures for Comprehensive Plan Amendment and Application
Review.
Chapter 17.05
APPLICATIONS AND TYPES OF 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--Paaeein
efT-sCommunity Development Director's duties --Amended
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appFieatieusDecision Process—Resubmittal Process ----City Council
Review.
17.05.700 Special procedures.
17.05.800 Reserved
17.05.900 Traffic impact analysis.
17.05.100 Purposeand applicability of review procedures.
A. Purpose. The purpose of this chapter is to establish standard decision-making-
procedures
ecision-makingprocedures 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 r, mete;,. rioieg-to identify the review procedure}
applicable regulations, and the approving authority for partiealar
apprevalsdevelopmentpermh applications.
B. Applicability of Review Procedures. All land use a+tddevelopment permit applications
Bfid identified in Table 17.05.1, , shall be decided by
using the appropriate procedures contained in thischapter 17.05. The procedurale
"typeType" assigned to each development permit application governs the decision-
making process for that permit 8F eppreval. There are four types -"Types" of
pefmWafip"'al procedures: Type 1, ll, 111, and IV Awhich are . These pfeeedliFes fife
described as follows: in subseetioiis (13)(1) thfaugh (4) of this see6on. Table 17.05.1 lists
all of the eity, s land use and ,level,.... elft .......eyals and tl e'F r,,,...:Fed .....:o
proeedafe(s).
1. Type I Preee _e ^dfninistfativ ` Type I deei4offs-procedures are-applyffe-apply to
administrative decisions made by the community development director or designee
without public notice and without a public hearing. TIhe-Type I procedures mare
used only when there are clear and objective approval standards and criteria the
application of which does not require the use of discretionand as arr lying -car
A Type 1 decision is the City's final decision. There are no appeals to a Type I
procedural decision.
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2. Type 11 Pfee,,l fe (Adffliflistrat'v e). Type 11 deeisierlsprocedures apply to
administrative decisions that involve clear and objective approval standards and
criteria the application of which requires the use of limited discretion. Type 11
decisions -end 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 11 decision is treated as a Type Ill procedure, exceptthat the scope of the
hearing is limited as provided in Section 17.05.100(6)0. and is considered heard
by the planning eammissien, .. he Fo akes the city's final decision.
3. Type III . Type III deeisiens-procedures are quasi_
judicial decisions that involve the application of existing policies. Type Ill
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.
the eity e eil T- .Te 111 deei ions. gene_al , tise sl:s., Fefi,,....... a ,..I ,.,.:t,,..:s.
4. Type IV Procedure',; g l -' v Type IV preeedwes-decisions aNply-tsare
legislative +nattersdecisions 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+
pelie) (rg- 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
ownershins.adeptionofland use gula4ien . ehanges, and eaniprehensiN,e
plan .. ...,,1..ient.. that apply t entiFe ,list« mther than just one .t.
Unless otherwise noted all Type IV decisions are considered initially by the
citizens advisory committee and the planning commission, with final decisions
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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
LAND DEVELOPMENT
PROCEDURAL
APPLICABLE
APPROVING
LIMITED
LANIIUSS
DMS40N 120
PERMIT"
TYPE
REGULATIONS
AUTHORITY
DAY RULE
Annexation
Ouasi-Judicial
Legislative
Tempe III
Type IV
Chapter 1.20
Chapter 1.20
City Council
Citv Council
No
No
Comorehensive Plan & UGB
Amendments
Maio r
Minor
Tie IV
Type III
Chapter 17.96
City Council
No
No
Chapter 17.96
City Council
Conditional Use Permit
Type 111
Chapter 17.76
Planning
Commission
NeYes
Conversion Plan
Type 11
Chapter 16.32
Director
Yes
Extensions
Type 1 Procedures
Type II Procedures
Tvoe I
Type II
Chapter
17.05.200(G)
Director
Director
NeYes
NeYes
Chapter
17.05.300(H)
Home Occupation
Twe 1
Chapter 17.60.190
Director
Noyes
Land Division
Tentative Plan,
Partition
Tentative Plan,
Subdivision
Final Plat
Type 11
Tvoe 1
Chapter 16.36
Director
Planniny,
Commission
Yes
Yes
No
Chapter 16.10
Chapter 16.12
Director
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Property Line
Ad ustment/Consolidation
Twe II
Chapter 16.50
Director
Yes
Modification of Approval
Major
Minor
Type III
Type II
Chapter 17.09.300
Planning
Commission
Yes
Yes
Chapter 17.09.400
Director
Non -Conforming Use
Designation
Type III
Chapter 17.56.040
Plannin
Commission
No
Planned Unit Development
Type III
Chapter 17.68
Plannin e
Commission
Yes
Right -of -Way Vacation
Type 111
Chapter 12.28
City Council
No
Site Plan and Architectural
Tvoe 1
Type_II
Chapter 17.72
Director
Director
Yes
Yes
Review
Minor
Major
Chapter 17.72
TOD District/Corridor Master
Type III
Chapter 17.66
Plannin e
Commission
Yes
Plan
Tree Removal
Type II
Chapter 12.36
Director
Yes
Variance
Class A
Class B
Class C
Type II
Type III
Type III
Chapter 17.13300
Director
Plannin
Commission
Yes
Yes
Yes
Chapter 17.13.400
Chapter 17.13.500
Planning
Commission
Zoning Map and Zoning and
Twe III
Type IV
Chapter 17.10
City Council
NeYes
No
Land Division Code Text
Amendments
Minor
Major
Chapter 17.10
City Council
Page 5 of 53
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Review roeedur-e-s Apple
C�1•I�terpreta6iea TyNe-FF �'-.-,'- r�
Typ� "apW Try
R:;.:,�� Type- r
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- Mong Type 11 r'ffl w-4q-00-"9
- A4ajeF T=ype M Ch&PWI, -49
Quasi it,Q;e a; Type M Seetio�,,o„ 17.12.030
---LegBIOPle Type ChWW"
Tytx ►
Transit Oriented D'stfiet/!`,.....:.l,.. Review Tyao111 !`I.....t�tapter 1t�
- Tefoattiv"ce P'an Type !`1..,c�iapteriv�v
Land Use RevieA Pff )e4
Site Plan, Landseapmg and Gonstruetion Plan Peview Type 11
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* 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 §§ I, 2, 3, 2010; Ord. 1874 §1 (part), 2006).
17.0$.200 Type I procedure (ac4tninisErntivej.
....................................................................................................................
A. Pre -Application Conference. A pre -application conference is not required for a Type I
permit application.
B. Application Requirements.
1. Application Forms. Type 1erp mit applications shall be made on forms provided
by the planning department.
2. ieat+ee-Submittal Requirements. Type 1 applications shall include:
a. '•-lode theThe information requested on the application form;
b. Findings a ddressingd\ddress-the Applicable Regulations per Table
Rr�iinxrwx�n�avrrmnRseFWM mer.Retnsmeei
c. Be filed theThe required fee.
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HC. Administrative DeeisieHrRequirements. 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) eFiteFia and the facts contained within the
record, the community development director or designee shall approve or deny the
requested permit of aetien. A written record of the decision shall be provided to the
applicant and kept on file at Gib, Hellin the Community Development Department.
GD. Final Decision. A decision on a Type 1 dais�ris the final
decision of the city and may not be appealed f4ther.
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.
RG. 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; provided44:
1. The land development permit authorizes extensions:
2. No changes are made to the original application as approved by the city;
33. 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:
34. The extension request is made filed on or before the expiration of the original
or latest extension approval per Section 17.05.200(E)p1af+,:
Page 8 of S3
45. If the time limit expired and no extension request has been filedgfm4ed, the
application shall be void. (Ord. 1941 §4, 2010; Ord. 1874 §1 (part), 2006).
,1II procedure 4edttriMstraf ...
...............................................................................................
A. Pre -Application Conference. A pre -application conference is optional for a II'ype II
reviews . The requirements and procedures for a pre -application
conference are described in Section I7.05.600(C). (o_,...eol' atiaH ealif fence
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 lnfertttetienRequirements. TtiCA Type II permit application shall
include:
a. 1n a uae !h The information requested on the application form;
b. lfle!Hde _flaffalik'esiaiement t' tt Findines addressing the Applicable
Regulations ler Table 17.05. I. .
making. Note: at the discretion of the community development director
additional information may be required duringthe he application processundef
17.05.1;
c. lne'n ude eneOne 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
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d. Be oeeampanied by theThe 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 If 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 If 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 Administfative Decision.
I. Before making a Type Be 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( 00) feet of an affected transportation facility and allow the agency
Page 10 of 53
to review, comment on, and suggest conditions of approval for the
application.
people the eppeFtuiiity to stibmi the appWat'aH before the
Type a deei..ien is made. The , eal efthis ne ee :.. t,.:... Fte affeeted pefsefls to
32. Notice of a pending Type II administrative decision shall:
a. Provide a fourteen -day( 4) 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 continents are due, and the person to
whom the comments should be addressed;
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
Paee 11 of 53
review. Copies of this evidence may be obtained at a reasonable cost from the
cirv:
i. State that, after the comment period closes, the community development
director or designee shall issue a Type 11 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 11 written decision addressing all of the relevant approval
criteria and standards. Based upon the criteria and standards, and the facts contained
within the record, the community development director or designee shall approve,
approve with conditions, or deny the requested permit or action.
E. Notice of Decision.
I. Within five (5) -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
Page 12 of 53
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 11 notice of decision shall contain:
a. A description of the applicant's proposal and the city's decision on the
proposal (i.e., may be a summary);
b. The address or other geographic description of the property proposed for
development, including a map of the property in relation to the surrounding
area, where applicable;
c. A statement of where a copy of the city's decision 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. Fonal Deekien and Effective Date. A Type II adfflinistfative decision is final for
purposes of appeal when the Notice of Decision per Section 17.05.300(E 4 is mailed by
the city and becomes . effective eff 44te-deyten 10
days from the date of mailing of the Notice of Decision after the appeal period expiFeS. If
an appeal is filed within the ten (10) day period, the decision is -does not become effective
whewwtil the appeal is decided.
Page 13 of 53
G. Appeal. A Type It administrative decision may be appealed to the planning
commission as follows:
I. Who May Appeal. The following people have legal standing to appeal a Type II
nedecision:
a. The applicant or owner of the subject property;
b. Any person who was entitled to written notice of the Type 11 edfninktfatke
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
subseetien Section 17.05.300(G_)(I ) of this seetien, may appeal a Type It
udntinistfntivedecision 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 feurteenten10 days of -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
Pape 14 of 53
v. The applicable filing fee.
3. Scope of Appeal. The appeal of a Type 11 administratk,edecision 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 11e review.
4. Appeal Procedures. Type III notice, hearing procedures, and decision process
shall a}se be used for all Type 11 ad+t3fe#strsHve 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 112 -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 17.09.300;
4. The extension request is filed on or before the expiration of the original or latest
extension approval per Section 17.05.300(R
Pape 15 of 53
5. If the time limit expired and no extension request has been filed, the application
shall be void..
17.05.400 TJ'pc 11I procedure{uasiud+etalj.
...............................................................................................
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.
I . Application Forms. Type 111 applications shall be made on forms provided by
the community development director or designee for the land development permit
requested.; ,
2. Submittal infemiatieeReauirements. When a Type III application is required, it
shall include:
a. hieltide the ififeffiliatioli requesied en the applieeiian ferFHA completed
aoolication form with reauired attachments
b. Be film en,eOne 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. lne'�, e eneOne set of pre -addressed mailing labels for all real properly
owners of record who will receive a notice of the application as required in
Sections 17.05.400(C) ("'-"i`, (ii), (iv) mid -M. The records of the Jackson
County assessor's office are the official records for determining ownership.
Page 16 of 53
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 rovided the city can demonstrate by affidavit that such notice
was Riven.
C. Natmee eCHeepiRgNotification—Requirements.
I . Mailed Notice. The city shall mail the notice of the Type III ae6ofthearing. The
. Notice of a Type III eppFieaEiee hearing @F Type 11 appeal
heefingshall 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:
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, includine
tenants of a mobile home or manufactured dwelling park;
iii. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The city may
notify other affected agencies. The city shall notify the county road
authority, or ODOT, and rail authority for applications that
are when thefe is a pFeposed deN,elepfflent abutting or affecting their
transportation facility and allow the agency to review, comment on, and
suggest conditions of approval for the application.
Pape 17 of 53
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
nnm�! wm=xnrrr.s mnmmmRon mmmr1sir.rr.*"
viii. At the applicants discretion notice may also be provided to the
Department of Land Conservation and Development.
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
miatiee of a Type III hearing shallte be mailed and published per stibseetienSection
17.05.400(C)(4-) of this section and shall contain the following information:
a. An explanation of the 44e -nature of the application and the proposed land
use or uses that could be authorized for the property.-
b.
roperq;
b. The applicable criteria and standards from the zoning and subdivision
dEwelepmenf code(s)-,Aad comprehensive plan that apply to the application;
Paze 18 of 53
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
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 sevens days
before the hearing, and that a copy shall be provided on request at a
reasonable cost;
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:
Page 19 of 53
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
body shall grant the request by scheduling a date to finish the hearing (a
"continuance") per Section 17.05.400(E)( I ), or by leaving the record open for
additional written evidence or testimony per Section I7.05.400(E)(2).
2. If the planfiiiigeonifnissiarhearings body grants a continuance, the
eeHipletien ef thehearing shall be continued to a date, time, and place at least
seven (7)days after the date of the first evidentiary hearing. An opportunity shall
be provided at the second hearing for persons to present and respond to new
written evidence and oral testimony. If new written evidence is submitted at the
second hearing, any person may request, before the conclusion of the second
hearing, that the record be left open for at least seven (7) additional days, so that
they can submit additional written evidence or testimony in response to the new
written evidence;
3. If the plalinin g ,.,.»....issi .. hearings body leaves the record open for
additional written evidence or testimony, the record shall be left open for at least
seven (7) days after the hearing. Any participant may ask the city in writing for
an opportunity to respond to new evidence submitted during the period that the
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record was left open. if such a request is filed, the hearings body shall reopen the
record to allow rebuttal evidence.
a. If the hearings body reopens the record to admit new evidence or
testimony, any person may raise new issues that relate to that new evidence or
testimony;
b. An extension of the hearing or record for a limited land use granted
pursuant to Section 17.05.400(E) is subject to the limitations of ORS 227.178
("one -hundred -twenty -day rule"), unless the continuance or extension is
requested or agreed to by the applicant;
c. If requested by the applicant, the hearings body shall allow the applicant at
least seven (7) days after the record is closed to all other parties to submit
final written arguments in support of the application, unless the applicant
expressly waives this right. The applicant's final submittal shall be part of the
record but shall not include any new evidence. For limited land use decisions
the seven (7) day period shall not be subject to the limitations of ORS
227.178 and ORS 227.179;
d. The record shall contain all testimony and evidence that is submitted to the
city and that the hearings body has not rejected;
e. In making its decision, the hearings body may take official notice of facts
not in the hearing record (e.g., local, state, or federal regulations; previous
city decisions; case law; staff reports). The review authority must announce
its intention to take notice of such facts in its deliberations, and allow persons
who previously participated in the hearing to request the hearing record be
reopened, if necessary, to present evidence concerning the noticed facts;
f. The city shall retain custody of the record until the city issues a final
decision and all appeal deadlines have passed.
4. Participants in a Type III hearing are entitled to an impartial review authority as
free from potential conflicts of interest and pre -hearing ex parte contacts (see
Page 21 of 53
Section I7.05.400(D)(5) of this section) as reasonably possible. However, the
public has a countervailing right of free access to public officials. Therefore
a. At the beginning of the public hearing, hearings body members shall
disclose the substance of any pre -hearing ex parte contacts (as defined in
Section 17.05.400(D)(5) of this section) concerning the application or appeal.
He or she shall also state whether the contact has impaired their impartiality
or their ability to vote on the matter and shall participate or abstain
accordingly. Hearing participants shall be entitled to question hearing body
members as to ex parte contacts and to object to their participation as
provided in Section I7.05.400(D)(5)(b) of this section;
b. A member of the hearings body shall not participate in any proceeding in
which they, or any of the following, has a direct or substantial financial
interest: their spouse, brother, sister, child, parent, father-in-law, mother-in-
law, partner, any business in which they are then serving or have served
within the previous twos years, or any business with which they are
negotiating for or have an arrangement or understanding concerning
prospective partnership or employment. Any actual or potential interest shall
be disclosed at the hearing where the action is being taken;
c. Disqualification of a member of the hearings body due to contacts or
conflict may be ordered by a majority of the members present and voting. The
person who is the subject of the motion may not vote on the motion to
disqualify;
d. If all members of the hearings body abstain or are disqualified, the city
council shall be the hearing body. If all members of the city council abstain or
are disqualified, a quorum of those members present who declare their
reasons for abstention or disqualification shall be re -qualified to make a
decision;
e. Any member of the public may raise conflict of interest issues prior to or
during the hearing, to which the member of the hearings body shall reply in
accordance with this section.
Pace 22 of 53
5. Ex Parte Coin munieations.
a. Members of the hearings body shall not:
i. Communicate directly or indirectly with any applicant, appellant,
other party to the proceedings, or representative of a party about any
issue involved in a hearing without giving notice per Section
17.05.400(C);
ii. Take official notice of any communication, report, or other materials
outside the record prepared by the proponents or opponents in
connection with the particular case, unless all participants are given the
opportunity to respond to the noticed materials.
b. No decision or action of the hearings body shall be invalid due to ex parte
contacts or bias resulting from ex parte contacts, if the person receiving
contact:
i. Places in the record the substance of any written or oral ex parte
communications concerning the decision or action; and
ii. Makes a public announcement of the content of the communication
and of all participants' right to dispute the substance of the
communication made. This announcement shall be made at the first
hearing following the communication during which action shall be
considered or taken on the subject ofthe communication.
c. A communication between city staff and the hearings body is not
considered an ex parte contact.
6. Presenting and Receiving Evidence.
a. The hearings body may set reasonable time limits for oral presentations and
may limit or exclude cumulative, repetitious, irrelevant or personally
derogatory testimony or evidence;
Page 23 of 53
b. No oral testimony shall be accepted after the close of the public hearing.
Written testimony may be received after the close of the public hearing only
as provided in Section I7.05.400(D)(3);
c. Members of the hearings body may visit the property and the surrounding
area, and may use information obtained during the site visit to support their
decision, if the information relied upon is disclosed at the beginning of the
hearing and an opportunity is provided to dispute the evidence under Section
17.05.400(D)(5)(b).
F. The Decision Process.
1. Basis for Decision. Approval or denial of a Type H administfative appeal Of of a
Type III application shall be based on standards and criteria in the development
code. The standards and criteria shall relate approval or denial of a discretionary
development permit application to the development regulations and, when
appropriate, to the comprehensive plan for the area in which the development
would occur and to the development regulations and comprehensive plan for the
city as a whole;
2. Findings and Conclusions. Approval or denial shall be based upon the criteria
and standards considered relevant to the decision. The written decision shall
explain the relevant criteria and standards, state the facts relied upon in rendering
the decision, and justify the decision according to the criteria, standards, and facts:
3. Foran of Decision. The platind'ig eamanissienhearin sg body shall issue a final
written order containing the findings and conclusions stated in subseetieil Section
17.05.400 (E)(2) of this section, which either approves, denies, or approves with
specific conditions. The planfiitig ewmiiissiaHhearings body may also issue
appropriate intermediate rulings when more than one permit or decision is required.
Pace 24 of 53
adopt either an order denying the zone Lange ,.... n eic.l'.................faying the zaizie
4. Decision -Making Time Limits. A final written order for any Type 11
Type III action shall be filed with the community
development director or designee within ten j10�_;-days after the close of
the deliberation;
5. Notice of Decision. Written notice of a Type !I administrative appeal deeisian ar
a -Type III decision shall be mailed to the applicant and to all participants of record
within ten Q0) busiaess-days after the hearings body decision. Failure of any
person to receive mailed notice shall not invalidate the decision; provided; that a
good faith attempt was made to mail the notice.
6. Final Decision and Effective Date. The decision of the hearings body on any
Type H appeal or an), Type III application is final for purposes of appeal on the
date it is mailed by the city. The decision is effective on the day after the appeal
period expires. If an appeal of a Type III decision is filed; the decision becomes
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 (211 days of the city council's written deeisiedecision is mailed by the
cin.
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 111
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.
Page 25 of 53
a. Notice of Appeal. Any person with standing to appeal, as provided in
subseetiee Section I7.05.400(F)(1) of this seetioH, 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;
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 hearing body "a" be lifnited
fai..ed :.. the Type 11 .,,1...:..:..t«..t:..,. F,,.,:.,
4. Appeal Procedures. Type III notice, hearing procedure and decision process shall
also be used for all Type 111 appeals, as provided in Sectionsubseetiees
17.05.400(C) through (F) efthis seetien�
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).
Page 26 of 53
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 I7.05.400(F)(6);
5. If the time limit expired and no extension request has been filed, the application
shall be void.
17.05.500 Type IV procedureleishtti e�.
.........................................................................................................
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 Seetion I7.05.600(C).
D. Timing of Requests. Acceptance timing varies for Type IV applications (see Table
17.05.1 for applicable section reference).
annexafleH ..plication...,,,: yearly, on j..........,. 30th and Ame 30'�; provided, that the
C. Application Requirements.
Page 27 of 53
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
applications, n.,eept an..exatia"s and Mea e 37 , a nas hefe en , a heaF:ng by
2. Notification Requirements. Notice of public hearings fef the eguest shall be
given by the community development director or designee in the following
manner:
a. At least twenty -ten Ll0 days, but not more than forty (40) days, before the
date of the first hearing e_ an fdifiafiee that p fop .see to a fflend .
a notice, shall be pfopared in eenfafmaneewith
ORS �-�,-.�-75s a e mailed to:
Page 28 of 53
iii. Any affected governmental agency;
iiiii. Any person who requests notice in writing;
!!�J�flrl7llRlFF!!!1�7R�!!N!tS- •--:..... ..
227-175;
aeeE)Fdanee with noc 227.175.
b. At least ten ( 10) days before the first
public hearing date, and fourteen ( 14days 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:
i. For each mailing of notice, file an affidavit of mailing in the record as
provided by Sectionsabseetien I7.05.500(D)(2)(a) ee this seetmeo: and
ii. For each published notice, file in the record the affidavit of
publication in a newspaper that is required in Sectionsubseetiee
I7.05.500(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 DLCD ''e' ` gays
be Feeeiued. 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:
Page 29 of 53
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 (see subs etien E of this seetionSection 17.05.500(E));
and
fellewing
"Natiee
lien holder,
the statement!
The Gentfal Point DeN,eiepmen(
to
Cede
mangagee, vendef,
if
eF seller!
this i
shall be PFEIfflpfl�' fef-A,arded
to the
Fequires that you Feeeive
pupehaseir.'
natiee
: nyalmdate the ..,.tier p ..:.J:..,..
a. Pefsena' fiefiee is
deemed given
whefe the netiee is depesited
with the
E. Hearing Process and Procedure. Conduct of Public HeadU
I. 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;
Page 30 of 53
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
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.
Page 31 of 53
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 aoolicable criteria as referenced in Table 17.05.1
affeeted area is presently pFe�,ided with adequate publie fiteilities, sem,mees and
nev�vefks afe planned to be provided eeHeHrFefifly with the development of the pfapef4y.
H. Approval Process and Authority.
I. The citizen advisory committee and planning commission shall:
The planning earrifflissiefl shalk
a. The citizens advisory committee, afterAfler notice and discussion at a
public hearingmeeting, 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 he proposed change, or adop
an alternative; and
b. Within fou4een-ten10 bw-4Res�-days of adopting a recommendation, the
presiding officer shall sign the written recommendation, and it shall be filed
with the community development director or designee.
Page 32 of 53
2. Any member of the citizen advisory committee or planning commission who
votes in opposition to the p'anfiiHeammissiemajority 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
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 conunission'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 is approved, the council shall act by
ordinance, which shall be signed by the mayor after the council's adoption of
the ordinance.
Page 33 of 53
1. 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.
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 (abusittess-days after the city council decision is filed with the community
development director or designee. The eity shall also pi.evide fietiee to all pefsen`
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;
Page 34 of 53
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
f A copy of the notices that were given as required by this chapter. (Ord.
1874 §I(part), 2006).
17.05.600 General Procedural provisions
A. One-Hundred-Twenty-Day1( 20) Rule. In accordance with ORS 227.178 the Pie -city
shall take final action on all limited land use decisions as identified in Table 17.05.1
including resolution of all appeals
appeals, within one hundred twenty(120) days
from the date the application is deemed as complete, unless the applicant requests an
extension in writing. The;—howevtf,44e 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. (The one .....a_ed twenty do) Fine does Hot apply to Type IN, legislative
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
Page 35 of 53
I. 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;
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 this s u",.eeti n `' of
seetian 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;
Page 36 of 53
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.
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 11 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 eFigi+tal jurisdiction over each type
procedure,,.,,.ofthe ..ppimeat:ons i6i the c lle ing,._def,.e..s Ttie
eouneil, the eemmissiesi, or the eemmalioty development diftetBf of designee.
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 ea -for each consolidated application.
3. Check for Acceptance and Completeness. In reviewing an application for
completeness, the following procedure shall be used:
Pace 37 of 53
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;
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
1( 80) 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.
If the applicant does not submit all of the missing information or
provide written notice that no further information will be provided
Paze 38 of 53
(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
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 During the Review oo_ d Once an
application is deemed complete per 17.05.600(3)(b):
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
Page 39 of 53
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:
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)7day rule (subseetien
17.05.600 A ) 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.
G Community Development Director's Duties. The community development director or
designee shall:
I. 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
Paee 40 of 53
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:
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 sevens days prior to the
scheduled hearing date, and make the case -file materials available when
notice of the hearing is mailed, as provided by SeetieRs-] 7.05.300(C) (Type
ll), 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 citys 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.
I . 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.
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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
within fourteen 14 business days after the original decision would have become
final, but in no event beyond the one-hundred-twenty-day(120) period 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 GhapteFl7.09. All other changes to
decisions that are not modifications under Ghapter- 7.09 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 11
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 § I (part), 2006).
17.05.700 Expedited Land Divisions.
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I A. Expedited Land
. An expedited land division (ELD) shall be defined and may be used as
provided under ORS 197.360 through 197.380.
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 coin prehensive 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
wiedevelopment 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 thousand2( 0.000)
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 thousand2( 0.000)
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
entitled "Traffic Impact Analysis." If the road authority is the Oregon Department of Transportation
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(ODOT), consult ODOT's regional development review planner and OAR 734-051-180. (Ord. 1874
§ I (part), 2006).
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Chanter 17.08
"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 "memssPurpose.
17.10.200 egi„it ve-Initiation of Amendmentsamefidments.
17.10.300—Major and Minor Amendments .
".'m ^400-17.10.400 Approval Criteria Genditmens efappFeval oft quasi judieial amendniews.
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 kgista;tmaior and goasi-
jwkeiefminor amendments to this Code aad/or the Central Point city zoning map (zoning map), herein -
T -.hese w"! be referred to as "map afW-or text amendments."
eheagesiii (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. beg+saet+ve-Major amendments.
' egi e -Major amendments are legislative policy decisions grade by
c;ty eoune4that establish by law general policies and regulations for
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future land use decisions, such as revisions to the zoning and land
division ordinance that have widespread and significant impact beyond
the immediate area. whey -Major amendments are reviewed using the
Type IV procedure in $eetion 17.05.500 Fina S"fi" ^^^fsfni to the
k9k, as . (Ord. 1874 §3(part),
2006).
B 1 7 10 300 Quasi :..a:,.:..iMinor amendments.
A. Applieability of Quasi judiemal Amendment . Quasi jedieielMinor amendments are those that involve
the application of adopted policy to a specific development application Of-eedefevisien, and not the
adoption of new policy (i.e., thFaugh legislative deeisiaHsMajor Amendments). Qaes�Minor
zeaing n3ap amendments shall follow the Type III procedure, as governed set forth inby-See6en
17.05.400; •Hdlg , t....aaMs of appFe al in subseetion o of this seet:,.-. The approval authority shall be as
feflews the City Council after review and recommendation by the Planning Commission.
1317.10.400- Approval Criteria f^" Quasi judieial A.,.etid. emits. A recommendation or a decision to
approve, approve with conditions or to deny an application for a quesi judfeie text or map -amendment
shall be based on written findings and conclusions that address all e the following criteria:
I . Approval of the request is consistent with the applicable statewide planning goals Ma'or
amendments only)_
2. Approval of the request is consistent with the Central Point comprehensive plan (Major and
Minor amendments):
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
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the City's public facilities master plans: ands e ideHeea in the City's o.."r.e c,.,.a:.:e of Maior
and Minor amendments): T" - - » ' " ' ' " _ ••:a a " ao
and
34. The amendment
4740-.600complies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord. 1874
§3(part), 2006).
17.10.440-500 Conditions of approval c,.. quasi udmeial aniewid ent
A. Major amendments decisions may only be approved or denied.
B. A quasiyadieial 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. " iegislatow
ainendment may efily be Eipff6ved or denied. (Ord. 1874 §3(part), 2006).
1 7.10.300 600 Record of amendments.
The city recorder shall maintain a record of amendments to the teat of this code and the zoning map in a
format convenient for public use. (Ord. 1874 §3(part), 2006).
Paee 49 of 53
Chapter 17.96
AMENDMENT TO /-OAIP E14ENSIAIE ■ AND USE of NCOMPREHENSIVE PLAN AND
URBAN GROWTH BOUNDARY AMENDMENTS
Sections:
"."17.96.100 P}eeedure.Antendments —Purpose
17.96.200 Initiation of Amendments
4-7,964)2 17.96.300 lnkia6enefameaideMaior Revisions and Minor Changes.
17.96.400 Submittal Timing of
Proposals
47-.964549-17.96.500 Substantive standaMsApproval Criteria.
4;-:96:060--17.96.600 Record of Amendments
17.96.040-100 Amendments - PurposePFeeedu;t.
The mroose of this chanter is to provide Drocedures for amendments to the citv's comprehensive elan
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.
The eefnpFehensm%,e Wid use plan of the eity may he amended by ehaHgifig the text, the hauHdaFies a
welfaFe Fequifes sueh amendment, by fallowing the PFOeedffe of this . (Ord. 1436 §2(part), 1981).
17.96.020 200 Initiation of amendments.
A proposed amendmentAfneudme:a to the comprehensive plan or urban growth boundary may be
initiated by either:
A. A resolutionReselatieu e:n-bye€the planning commission to the city council:
B. A resolution Reselutien of intentien by the city council: or
C. An applieationAl pp"eatieu by one or more property owners, or their agents, of property affected by the
proposed amendment. The aineHdaient she!' be aeeampanied by a legal desefiptien of the PEOPefty OF
Page 50 of 53
Gansef-vation and DeN,elepnient Commission of the state. (Ord. 1436 §2(part), 1981).
17.96.030 300 Major revisions and minor changes Time a,.. hearint.
Proposed amendments to the comprehensive
plan, includin ug rban growth boundary amendments, shall beare categorized as either major rewsiens or
minor ehrxtges amendments as defined in 17.05.100.4undeF the goal twe defiaitions of said teFFAS.
Proposals for major revisions shall be processed as a Type IV procedure per 17.05.500.E
thisehapteF _prepesals-Proposals for minor
changes shall likewise be processed as a Type 111 procedure per 17.05.400.^' •HOFe ffequently than each
_. (Ord. 1615 §60, 1989; Ord.
1436 §2(part), 1981).
17.96.040 400 Submittal 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.
of Chaptef 44 -QS of this eede and all appheable laws of the (Ord. I533A(part), 1984; Ord. 1436
§2(part), 1981).
17.96.038-500 Anoroval Criteria.
A recommendation or a decision to aonrove or to denv an anolication 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;
Pace 51 of 53
C. For urban growth boundary amendments findings demonstrate that adeouate public services and
transportation networks to serve the property are either available, or identified for construction in
the City's public facilities master plans as e 'deneed in the Gi",Zs Publie FaeiIitie 4aH Major and
Minor amendments): and
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
amendment to the eampfeliensive plan, shall addfess the publie need alldjustifientiEm fef the pfopesed
ehaRge, and she!! make speeifie filidiings, reeking the eN,'deHee in suppen thefeef-, fbF eaeh of the state -
level. The findings adopted I the I eammissien f4ewing pub! ie heffilig shall be fef-A,apded -to
plan, filed with the eity reeefdef, and eepies theFeaf shall be Made available to the publie.
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 nest date scheduled 1'or review of proposed
amendments to the comprehensive plan. (Ord. 1436 §2(part), 1981).
17.96.600 Record of amendments.
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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. ... .. .... ... ... .. .... ... .....
... ..
... .. .. .
plan, filed with the eity reeefdef, and eepies theFeaf shall be Made available to the publie.
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 nest date scheduled 1'or review of proposed
amendments to the comprehensive plan. (Ord. 1436 §2(part), 1981).
17.96.600 Record of amendments.
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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PASSED by the Council and signed by me in authentication of its passage this day of44ay 2014.
Mayor Hank Williams
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